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Home My WebLink About2010 11-23 CC CDC ADJ AGENDA PKTAgenda Of The Adjourned Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — November 23, 2010 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audlofonos estdn disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 2 PRESENTATIONS 1. Employee of the Month for November 2010 — Lilibeth Aguelo, Senior Office Assistant (Fire Department). 2. Bicycle Master Plan Presentation Development Services/Engineering) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of November 9, 2010. (City Clerk) 4. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City approving an Encroachment Permit and an Agreement with Chevron Corporation for the installation of two (2) units groundwater monitoring wells located at 105 West 8th Street in the public right-of-way. (Development Services/Engineering) 6. Resolution of the City Council of the City of National City authorizing sewer funding in the amount not -to -exceed $244,000 for the contract previously awarded to Ohno Construction for construction improvements for the El Toyon Soccer Field which includes the sewer main, Specification 07-01. (Development Services/Engineering) 7. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Automatic Aid Agreement between the City of Coronado and the City of National City. (Fire) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the implementation of the National City Community Emergency Response Team (CERT) Program and extending Workers' Compensation benefits to CERT volunteers. (Fire) 9. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase from Northrop Grumman of the CommandPoint RMS Scan Center licensing, software and hardware, including the HP 9250C scanner to enhance the speed and effectiveness of the current records management system for an amount not to exceed $38,000.00 from Justice Assistance Grant local award 2010. (Police) 10. Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application for $100,000.00 from 2011 Citizen's Option for Public Safety (COPS) grant without matching funds toward the purchase of police vehicles, small weapons cleaning system, defensive tactics impact protection suits, digital cameras and ballistic shields. (Police) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City, the CDC, and the Law Firm of Best, Best & Krieger, LLP, to continue providing legal defense services in the not to exceed amount of $160,000 (Funded by Tax Increment funds.) (City Attorney) **Companion Item #48** 12. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for two Ford Crown Victoria Police Interceptors from Villa Ford in the amount of $51,447.65. (Funded by 2009 JAG grant) (Finance) 13. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for one Nissan Altima from Mossy Nissan in the amount of $26,522.56. (Funded by Bureau of Justice Assistance Recovery Act Grant and Asset Forfeiture Funds) (Finance) 14. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for 7 Chevrolet vehicles from City Chevrolet in the amount of $190,619.18. (Funded by JAG Grant, Children Exposed to Domestic Violence (CEDV) Grant, and Asset Forfeiture Funds) (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 4 CONSENT CALENDAR (Cont.) 15. Resolution of the City Council of the City of National City ratifying the acceptance of a $59,466 grant from California Library Literacy Services to fund the Library's literacy programs for FY10-11. (Library) 16. WARRANT REGISTER #17 Warrant Register #17 for the period of 10/20/10 through 10/26/10 in the amount of $1,919,317.66. (Finance) 17. WARRANT REGISTER #18 Warrant Register #18 for the period of 10/27/10 through 11/02/10 in the amount of $2,158,382.41. (Finance) PUBLIC HEARINGS 18. Public Hearing — Modification of a previously approved Tentative Subdivision Map for the Centro/Revolution 2 Condominiums located at 41 East 12th Street. (Applicant: Andrew Zlotnik) (Case File 2010-32 M (S-2006-5) (Development Services/Planning) **Companion Items #40, #41, #52** 19. Public Hearing — Adopting the 2010 California Building Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.08 of the National City Municipal Code pertaining to the California Building Code. (Development Services/Building Division) 20. Public Hearing - Adopting the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, and amending Chapter 15.75 of the National City Municipal Code pertaining to the California Energy Code. (Development Services/Building Division) 21. Public Hearing - Adopting the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4 and adopting Appendix Chapters 1, A, B, C, and D of said Code, and the 2009 Uniform Mechanical Code, and amending Chapter 15.14 of the National City Municipal Code pertaining to the California Mechanical Code. (Development Services/Building Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 5 PUBLIC HEARINGS (Cont.) 22. Public Hearing - Adopting the 2010 California Plumbing Code, Table 2902.1 of the 2010 California Building Code and Chapter 1, Division II of the 2010 California Plumbing Code, California Code of Regulations, Title 24, Part 5, and the Uniform Plumbing Code, and amending, adding, and deleting certain sections of these Codes, and amending Chapter 15.20 of the National City Municipal Code pertaining to the California Plumbing Code. (Development Services/Building Division) 23. Public Hearing - Adopting the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, Annex H of said Code, and the 2009 National Electrical Code as amended establishing requirements, rules and standards for electrical installations and materials within the City and amending Chapter 15.24 of the National City Municipal Code pertaining to the California Electrical Code. (Development Services/Building Division) 24. Public Hearing - Adopting the 2010 California Green Building Standards Code, California Code Regulations, Title 24, Part 11 and amending the National City Municipal Code by adding Chapter 15.78 pertaining to the 2010 California Green Building Standards Code. (Development Services/Building Division) 25. Public Hearing - Adopting Appendix J of the 2010 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. (Development Services/Building Division) 26. Public Hearing - Adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code, and amending Chapter 15.22 of the National City Municipal Code pertaining to Uniform Swimming Pool, Spa and Hot Tub Code. (Development Services/Building Division) 27. Public Hearing - Adopting the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and adding Chapter 15.79 pertaining to the California Residential Code. (Development Services/Building Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 6 PUBLIC HEARINGS (Cont.) 28. Public Hearing - Adopting the 2010 California Fire Code of the California Code of Regulations, Title 24, and appendices thereto and the National Fire Protection Association Standards, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.28 of the National City Municipal Code. (Fire) ORDINANCES FOR ADOPTION 29. An Ordinance of the City Council of the City of National City adopting the 2010 California Building Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.08 of the National City Municipal Code pertaining to the California Building Code. (Development Services/Building Division) 30. An Ordinance of the City Council of the City of National City adopting the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, and amending Chapter 15.75 of the National City Municipal Code pertaining to the California Energy Code. (Development Services/Building Division) 31. An Ordinance of the City Council of the City of National City adopting the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4 and adopting Appendix Chapters 1, A, B, C, and D of said Code, and the 2009 Uniform Mechanical Code, and amending Chapter 15.14 of the National City Municipal Code pertaining to the California Mechanical Code. (Development Services/Building Division) 32. An Ordinance of the City Council of the City of National City adopting the 2010 California Plumbing Code, Table 2902.1 of the 2010 California Building Code and Chapter 1, Division II of the 2010 California Plumbing Code, California Code of Regulations, Title 24, Part 5, and the Uniform Plumbing Code, and amending, adding, and deleting certain sections of these Codes, and amending Chapter 15.20 of the National City Municipal Code pertaining to the California Plumbing Code. (Development Services/Building Division) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 7 ORDINANCES FOR ADOPTION (Cont.) 33. An Ordinance of the City Council of the City of National City adopting the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, Annex H of said Code, and the 2009 National Electrical Code as amended establishing requirements, rules and standards for electrical installations and materials within the City and amending Chapter 15.24 of the National City Municipal Code pertaining to the California Electrical Code. (Development Services/Building Division) 34. An Ordinance of the City Council of the City of National City adopting the 2010 California Green Building Standards Code, California Code Regulations, Title 24, Part 11 and amending the National City Municipal Code by adding Chapter 15.78 pertaining to the 2010 California Green Building Standards Code. (Development Services/Building Division) 35. An Ordinance of the City Council of the City of National City adopting Appendix J of the 2010 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. (Development Services/Building Division) 36. An Ordinance of the City Council of the City of National City adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code, and amending Chapter 15.22 of the National City Municipal Code pertaining to Uniform Swimming Pool, Spa and Hot Tub Code. (Development Services/Building Division) 37. An Ordinance of the City Council of the City of National City adopting the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and adding Chapter 15.79 pertaining to the California Residential Code. (Development Services/Building Division) 38. An Ordinance of the City Council of the City of National City adopting the 2010 California Fire Code of the California Code of Regulations, Title 24, .and appendices thereto and the National Fire Protection Association Standards, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.28 of the National City Municipal Code. (Fire) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 8 NON CONSENT RESOLUTIONS 39. Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. (Fire) 40. Resolution of the City Council of the City of National City approving a modification of a previously approved Tentative Subdivision Map for the Centro/Revolution 2 Condominiums located at 41 East 12th Street. (Applicant: Andrew Zlotnik) (Case File 2010-32 M (S-2006-5) (Development Services/Engineering) **Companion Items #18, #41, #52** 41. Resolution of the City Council of the City of National City to approve, accept, and file Centro/Revolution 2 Subdivision map with a street dedication located on the north side of 12th Street and A Avenue (S-2006-5) with the County Recorder for recording. (Development Services/Engineering) **Companion Items #18. #40, #52** 42. Resolution of the City Council of the City of National City authorizing the City Engineer to approve restriping of E. 8 h Street between Palm Avenue and Harbison Avenue from 4 travel lanes to 3 travel lanes (1 westbound and 2 eastbound) with left -turn lanes at intersections to enhance traffic safety, maintain parking, reduce cut -through traffic, and provide consistency with planned traffic calming and safety enhancements on E. 8th Street west of Palm Avenue to Harbor Drive. (Funded through City Street Resurfacing Program). (Development Services/Engineering) 43. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kimley-Horn and Associates, Inc. for a not -to - exceed amount of $149,160 to provide civil engineering services for construction of National City's Safe Routes to School Project for Coolidge Avenue from E. 12th Street to E. 18th Street, facilitated by a Federal $730,000 SRTS grant. ($149,160 funded by City General Fund) (Development Services/Engineering) 44. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Letter of Intent for Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and the Community Development Commission of the City of National City, Commonly referred to as the Straight Lining Project. (City Manager) **Companion Item #51 ** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 9 NEW BUSINESS 45. Request from National City College Lion's to use MLK (north and south rooms) for their 'Spirit of the Holidays' annual distribution on Saturday, December 18t from 7:00 a.m. — 1:00 p.m. Applicant is requesting a.fee waiver. (Community Services) 46. Temporary Use Permit — Christmas Tree Lighting hosted by the Community Services Department on December 9, 2010 from 5:00 pm — 8:00 pm at Morgan Square, between 9th Street and National City Blvd. This is a City sponsored event under Policy No. 804. (Neighborhood Services Division) 47. Fiscal Year 2011-2012 Annual Action Plan and the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funding cycle. (Community Development/Housing and Grants) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 48. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute an Agreement between the City, the CDC, and the Law Firm of Best, Best & Krieger, LLP, to continue providing legal defense services in the not to exceed amount of $160,000 (Funded by Tax Increment funds. (City Attorney) **Companion Item #11** 49. Authorize the reimbursement of Community Development Commission expenditures in the amount of $101,765.03 to the City of National City for the period of 10/20/10 through 10/26/10. (Finance) 50. Authorize the reimbursement of Community Development Commission expenditures in the amount of $774,113.11 to the City of National City for the period of 10/27/10 through 11/02/10. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 10 NON CONSENT RESOLUTION 51. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute the Letter of Intent for Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and the Community Development Commission of the City of National City, Commonly referred to as the Straight Lining Project. (City Manager) **Companion Item #44** 52. A Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute Amendment No. 5 to the Disposition and Development Agreement by and between the Community Development Commission and Constellation Property Group (A Avenue) LP, and accepting the conveyance and release of real property pursuant to said Amendment. (City Attorney) **Companion Items #18, #40, #41** NEW BUSINESS 53. Quarterly Report (Development Services) STAFF REPORTS 54. Christmas Tree Recycling relocation from El Toyon Park to Las Palmas Park. (Public Works) MAYOR AND CITY COUNCIL 55. Closed Session Report (City Attorney) ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — December 7, 2010 — 6:00 p.m. - Council Chambers — National City, California. (Please see attached Modified City Council Meeting Schedule) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/23/2010 - Page 11 NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for November, December 2010 and January 2011. 2010 November 2 No Meeting November 9 Meeting November 23 Meeting December 7 Meeting 2011 January 11 Meeting January 25 Meeting Beginning in February 2011, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. MEMORANDUM +- CALIFORNIA ITEM #1 11/23/2010 NAA err INCORpofATED November 10, 2010 TO Chris Zapata, City ager FROM Stacey Stevenso an Resources Director SUBJECT EMPLOYEE 0 E MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in November 2010 is Lilibeth Aguelo — Senior Office Assistant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, November 23, 2010 to be recognized for her achievement and service. Attachment cc: Lilibeth Aguelo Frank Parra — Director of Emergency Services Robert Hernandez — Fire Marshall Josie Flores -Clark — Executive Assistant Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12'' Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov fJ I nominate City of National City Performance Recognition Award Nomination Form ► U Val O� �'`� t �--' for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. FORWARD COMPLETED NOMINATION TO: Nominated by: National City Performance Recognition Program Human Resources Department — 14rY 4 Date: Performance Recognition Program Recommendation Lilibeth Aguelo I would like to nominate Lilibeth Aguelo for the performance recognition program award due to her incredible professionalism and outstanding customer service through pride, dedication and sincerity. Her vast knowledge exemplifies not only our department, but other city departments as well. Lilibeth's dedication to the National City Fire Department and the citizens goes without saying and is exhibited through her caring daily interaction with the public and her co-workers. She continually provides a sincere interest in citizen's questions while assisting them in working towards a final solution. Recently, she assumed a supervisory leadership role with the "Hire a Youth" program. She went above and beyond to mentor, train and provide outstanding guidance to our student. In conclusion, Lilibeth has the ability to always maintain a positive and outgoing attitude. Her attention to detail while maintaining a high level of customer service demonstrates her love for her job and most of all, the citizens we serve. Robert Hernandez Fire Marshal ITEM #2 11/23/10 BICYCLE MASTER PLAN PRESENTATION (DEVELOPMENT SERVICES/ENGINEERING) ITEM #3 11/23/10 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF NOVEMBER 9, 2010. (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalia, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ITEM#4 11/23/10 ® Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 5 '_M TITLE: A Resolution of the City Council of the City of National City approving an Encroachment Permit and an Agreement with Chevron Corporation for the installation of two (2) units groundwater monitoring wells located at 105 West 8th Street in the public right-of-way. PREPARED BY: Mauro Nebreja 1) PHONE: 336-4395 EXPLANATION: DEPARTMENT: Development Services/ Engingfring Division APPROVED BY: Chevron Corporation, applied for an Encroachment Permit and Agreement for the installation of two (2) units groundwater monitoring wells adjacent to 105 West 8th Street, National City where the former Chevron Service Station 9-8225 was located. These monitoring wells installation are required by the County of San Diego, Department of Health Environment to perform liquid phase hydrocarbons fingerprinting and to fully assess dissolved -phase benzene in groundwater. Per plan and site visit, one (1) unit will be installed on West 8th Street and the other one will be inside the alley both adjacent to said address. Location of these two (2) groundwater monitoring wells are shown in the attached Exhibit B. An encroachment agreement fee was paid and a notarized copy of the agreement was submitted together with a liability insurance certificate through its Self -Administered Claims Program. The '":ument was reviewed by the City Attorney and Engineering Staff and recommendation is to approve Encroachment Permit and Agreement. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: tesolution 1. Notarized Encroachment Permit and Agreement 3. Receipt of Fee Paid 4. Exhibit A and B 5. Insurance Certificate RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT PERMIT AND AGREEMENT WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 105 WEST 8TH STREET WHEREAS, the Chevron Environmental Management Group, the owner of the property located at 105 West 8th Street, is seeking an encroachment agreement to install one groundwater monitoring well within the public right-of-way on West 8th Street, and one groundwater monitoring well inside the alley way, both adjacent to the property; and WHEREAS, the monitoring wells are a requirement of the County of San Diego Department of Health Environment to perform liquid phase hydrocarbons fingerprinting, and to fully assess dissolved -phase benzene in groundwater. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with the Chevron Environmental Management Group for the installation of one groundwater monitoring well within the public right- of-way at 105 West 8th Street, and one groundwater monitoring well inside the alley way, both adjacent to the property, as required by the County of San Diego Department of Health Environment. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor FEE: $490.00 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Chevron Environmental Management Company (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest, agents, and assigns of the PERMITIEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBITS A and B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts, and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMIIEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 1 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance_ PERMITTEE and all successor in interest, agents or assigns shall take out and maintain, during the time the aforementioned encroachment or other structure remains on CITY's casement or right-of- way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's Liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, VII" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claim made form, the retro date must be on or before commencement of this Agreement, and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMI`I F EE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. In lieu of insurance coverage, PERMITTEE maintains a self-administered claims program with respect to its duties hereunder. PERMITTEE has met the insurance requirements of Section 6 by providing the CITY with the statement of self-insurance attached as Exhibit "C" to the agreement. Encroachment Permit and Agreement Monitoring Well 2 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. 10_ PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well on 8th Street and/or in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 1 1. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMfTTEF, and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on 8th Street and/or in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street. and for subsequent adjustments. I4. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 3 3 Encroachment Pcrmit and Agreement Monitoring Well PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 5 6 Encroachment Permit and Agreement Monitoring Well CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 37 / 22843 06/01/2010 15:44:27.000 Reg WXP-CASHO2 Validation Receipt CHARGES- 001-21000-3147 . EPF stantec consulting$ 001-21000-3147 FPF stantec consulting$ 001-21000-3585 GF2135 stantec, consulting$ 223.00 320.00 158.00 Sub -total $********701.00 PAYMENT - Check - 8685 $ 701.00 stantec consulting inc Change $**********0.00 THANK YOU! Business Hours: 1:00 - 6:00 Mond Closed on Friday day 7 Ref ef '-er,441 %cvrgo,., G.5_, Cuoc,e,Te. 7.5 --M:nuie Stantec 2655 CAMINO DEL RIO NORTH. SLATE 3G2 I PREPARED FOIL 1 1 FORMER CHEVRON STATION No_ 9-8225 i 105 West 81h Street 1 National Cily, Callornia ! SAN DIEGO, CAUFORNIA JOB NUMBER PHONE: (819) 298-8195/2988199 (FM) 2119.3E017 N 0 loco sco APPROXIMATE SCALE iN FEET SITE LOCATION MAP ORAWN BY: CHECKED BY: I APPROVED BY: DATE: RO 04i0.3139 CV 943225 USG$ FILEPATILMACADDMASila 1 <wagon Maps1ChevrotaC1/ 9-8225 te.GS d.31(alonzo 'Sep 21. 2010 at re ors Layout. USG$ 8 w-11T2 CHEVRON DESTROYED GROUNDWATER MONITORING WELL NW -To y THRIFTY GROUNDWATER MONRORING WELL rt wYA 9 THRIFTY DESTROYER GROUNDWATERMONRORING WELL ASLVEI AR SPARGMIGNAPOR EXTRACDON WELLS CDGli El COMMUNITY DEVELOPMENT CCMMSSDN OF NATIONAL CITY (CDC) WELLS w_uP ID PROPOSED GROUNDWATER MOW DOING WELL 0 PROPERTY BOUNDARY UNDERGROUND TRAFFIC LOOPS DIRECTION Of TRAFFIC R 1. \ \ V ,,,,--r-r1 L---\', , LEGEND_ 1 ��l mw-NA L,. DLL--w-'S�i' -4.1 1i<�- _- %%--- m v 1 \\ \ YW.\9 y S// f S M Ai /' p =ts01 Yw.\5 wa 1 NW -TA rr'' A y' --V ' \\ f:Yi •A \ -" 1' p.N. ` �'i A \1 t 1 0 A\\ r-'Jy// ‘, � -- uwmm TR .ram\ 'L> 1€ % ,% I• o a''"' \ 1\ \ o f, \ \ \ .;, 5 \ � �' �' i 1 & co,-„\ / / NJD CHEVRON GROUNDWATER YpNRONWG WELL U� \ 1 -\' 1 0 Coda 4 COO la 80 160 APPROXIMATE SCALE (LEE1) Start& zaaACAwNUDEL PIO HOWL 91.41,902 SAN aEGO cNfca A gaNE Kul 29ae195256199lEAq PREPARED FOR FORMER CHEVRON SERVICE STATION Na- 9-8225 10S Westeth Shad National City, Calibmia SITE PLAN WITH PROPOSED GROUNDWATER MONITORING WELLS JOBNIMeER 21t801NT 142 FPATN14iX11", (W]vr�fPAYIxIl0C %$t %TIIwwv ACV aNnln•-w..rn ham ]u Mtna t."g M•t PPOP DMWN et CIEM:0 BY- MPRDYED et ODE H RIP AW 11/120 CAValaPS Chevron ONO 110 August 18, 2010 City of National City Attn: Mauro Nebreja, Civil Engineering Technician Engineering Department 1243 National City Blvd. National City, CA 91950-4301 .lames D. Lyness Assistant Treasurer Insurance Division Encroachment Permit and Agreement between Chevron Environmental Management Company and The City of National City to Install and Maintain Monitoring Wells W-26 and W-27 Dear Mr. Nebreja: Treasury Department Chevron Corporation 6001 Bollinger Canyon Rd_, F2.080 San Ramon, CA 94583 Tel 925 842 8136 Fax 925 842 6007 JDLyness@chevron.com Chevron Corporation and its subsidiaries are covered for property and liability exposures through major worldwide insurance programs with large deductibles. Losses that fall within these deductible levels, including those for which a Chevron company is contractually liable, are paid through the financial resources of the Company and are administered by Chevron Corporation under its Self -Administered Claims Program, hereinafter referred to as the Program. This is to advise you that the property/liability insurance requirements of the subject agreement fall within the deductible levels of Chevron's insurance programs. Therefore, losses for which Chevron is responsible under the agreement will be handled under the above -described Program. The scope of this Program is equal to the insurance requirements of the subject agreement. We further advise you that Workers' Compensation insurance requirements for Chevron companies are satisfied through insured/self-insured programs depending upon the location of the employee's workplace. U. S. Longshore and Harbor Workers' Act coverage is self-insurcxl. Unless canceled earlier, this letter will remain in effect until the expiration or earlier tennination of the subject agreement (or any renewal thereof). If this program is canceled or materially changed, we will provide you with 30 days' written notice. Sincerely, yness cc: Linda Huang RAW/bjb OTTREASURYTSHAREIINSURANCETRISK MANAGEMENTIWOR01SACTSCITY OF NATIONAL CITY 8-1810 DOC 10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of National City authorizing sewer funding in the amount not -to -exceed $244,000 for the contract previously awarded to Ohno Construction, for construction improvements for the El Toyon Soccer Field which includes the sewer main, Specification 07-01. PREPARED BY: Barby Tipton DEPARTMENT: Develo PHONE: 4583 APPROVED BY - EXPLANATION: The soccer field project includes demolition, clearing and grubbing, grading, special sub -grade preparation and drainage, installation of (City provided) synthetic turf for a joint use soccer/football field, goal posts, striping and maintenance equipment. The project also includes the replacement of a sewer main. On August 3, 2010, when Council approved the contract award to Ohno Construction in the amount of $440,642.20, the sewer funding was inadvertently omitted from the Council Agenda Statement. It is requested that Council approve the sewer funding for this contract from the previously approved sewer appropriation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVE APPRO Funds are available in expenditure account numbers 125-409-500-598-4076 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: ces-Engineering • Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: olution RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE USE OF SEWER FUNDS IN THE NOT -TO -EXCEED AMOUNT OF $244,000 FOR THE CONTRACT PREVIOUSLY AWARDED TO OHNO CONSTRUCTION FOR CONSTRUCTION IMPROVEMENTS FOR THE EL TOYON SOCCER FIELD PROJECT, WHICH INCLUDES THE SEWER MAIN WHEREAS, on August 17, 2010, the City Council awarded a contract in the not -to - exceed amount of $440,642.20 to Ohno Construction for the National City El Toyon Soccer Field Project; and WHEREAS, the contract with Ohno Construction for the El Toyon Soccer Field Project included replacement of a sewer main; and WHEREAS, it is requested that the $244,000 cost of the sewer main replacement, which cost is part of the previously approved $440,642.20 contract with Ohno Construction, be funded by sewer funds in the not -to -exceed amount of $244,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes sewer funds in the not -to -exceed amount of $244,000 be used for the cost of the sewer main replacement, which is part of the previously approved $440,642.20 contract with Ohno Construction. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 7 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Automatic Aid Agreement between the City of Coronado and the City of National City. (Fire) PREPARED BY: Walter Amedee PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: F APPROVED BY: The attached Automatic Aid Agreement between the City of Coronado and the City of National City was developed to support emergency response services between the two jurisdictions. In order to ensure a clear understanding of the expectations for automatic aid, this Agreement addresses the responses to emergencies into the jurisdictional limits of the other jurisdiction. Responses will be by nearest available unit concept, the Senior Officer on -site will be in charge of incidents, and a minimum crew of three (3) trained fire fighters, including a full-time paid company officer and a full complement of equipment will be present during responses. Either party may cancel this Agreement by giving written notice of termination to the other jurisdiction. FINANCIAL STATEMENT: - APPROVED::(y _,_ ACCOUNT NO. No let umpea iv APPROVE[! ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Authorize the Mayor to sign an Automatic Aid Agreement between the City of Coronado and the City of National City. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: omatic Aid Agreement between the City of Coronado and the City of National City ..3olution RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AUTOMATIC AID AGREEMENT WITH THE CITY OF CORONADO WHEREAS, as part of their municipal services, the Cities of National City and Coronado ("Cities") maintain organized and equipped Fire Departments that conduct emergency operations within the respective jurisdictional limits; and WHEREAS, the Cities desire to respond to fire, medical, and rescue incidents within the other City's jurisdiction in accordance to an Automatic Aid Agreement, which addresses the responses to emergencies into the jurisdiction limits of the other jurisdiction; and WHEREAS, the emergency responses will be by the nearest available unit concept, the senior officer on -site will be in charge of incidents, and a minimum crew of three trained fire fighters, including a full-time paid company officer and a full complement of equipment will be present during responses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Automatic Aid Agreement with the City of Coronado, which addresses the responses to emergencies into the jurisdiction limits of the other jurisdiction to provide assistance during emergencies, when necessary. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF CORONADO AND THE CITY OF NATIONAL CITY This Automatic Aid Agreement is made by and between the CITY OF CORONADO, a municipal corporation and the CITY OF NATIONAL CITY, a municipal corporation, herein referred to as the "Parties" is entered into this 23rd day of November, 2010. RECITALS A. The Parties, as part of their municipal services, maintain organized and equipped Fire Departments, which conduct emergency response operations within their respective jurisdictional limits. B. The Parties would benefit by extending their respective Fire Departments' services outside of their jurisdictional limits and into the jurisdictional limits of the other Party. C. Each Party desires to respond to fire, medical, and rescue incidents in the other Party's jurisdiction in accordance with this Automatic Aid Agreement ("Agreement"). NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the Parties as herein expressed, the CITY OF CORONADO and the CITY OF NATIONAL CITY agree as follows: 1. Each Party agrees to respond to emergencies outside of its respective jurisdictional limits and into the jurisdictional limits of the other Party in accordance with the following terms and conditions. 2. Routine responses by the Parties shall be governed by the nearest available unit concept, meaning the closest available unit of either Party shall respond without regard to municipal jurisdiction of the emergency. The signing of this Agreement represents each Party's request to the other party for assistance in responding to emergencies which occur geographically closer to the other Party's emergency units. 3. The Parties' may execute supplementary agreements regarding operational procedures and planning as are necessary to implement this Agreement. 4. Either Party may elect not to respond to a request for assistance if this response will affect the jurisdiction's ability to provide adequate fire protection to their service area. 5. The Senior Officer of the Fire Department of the Party requesting service shall assume the full charge of a cross -boundary operation (i.e., Incident Commander). If this Officer is a Fire Captain, they will coordinate the transition of Incident Command to the highest ranking Chief Officer regardless of jurisdictional boundaries. 6. a. Third -Party Claims: The CITY OF CORONADO agrees to indemnify and hold harmless the CITY OF NATIONAL CITY, its elected and appointed officers, officials, agents, and employees from any and all liability, claims, damages, or injuries to any person, including injury to employees of the CITY OF CORONADO, and all claims which arise from or are connected with the CITY OF CORONADO's performance or failure to perform the obligations of this Agreement, or caused or claimed to be caused by the acts of the CITY OF CORONADO, CORONADO's agents or employees; and all expenses of investigating and defending against same. The CITY OF NATIONAL CITY agrees to indemnify and hold harmless the CITY OF CORONADO and its agents and employees from any and all liability, claims, and damages or injuries to any person, including injury to the CITY OF NATIONAL CITY's employees and all claims which arise from or are connected with the CITY OF NATIONAL CITY's performance or failure to perform the obligations of this Agreement, or are caused or claimed to be caused by the acts of the CITY OF NATIONAL CITY, the CITY OF NATIONAL CITY's agents or employees; and all expenses of investigating and defending against same. b. The Parties agree to indemnify the other party for any liability imposed upon the other Party under Government Code Section 895.2, based upon negligent or wrongful acts or omissions of the indemnifying Party's officers, agents or employees occurring in the performance of this Agreement. This Agreement for indemnification is entered into pursuant to Government Code Section 895.4, is intended to eliminate the prorate right contribution described in Government Code Section 895.6, and to distribute the joint and several liability described in Government Code Section 895.2 between the Parties so that each Party bears the liability and costs for its own negligence. 7. Nothing in this Agreement is intended by the Parties to diminish, waive, or otherwise affect the privileges and immunities conferred upon the Parties by operation of law. 8. Each Party to this Agreement shall provide Worker's Compensation coverage as required by state or federal law, as applicable, for its own employees, without cost to the other party. Neither party shall be required to pay for salaries, other compensation, or employment benefits for the employees of the other Party as a result of any work or services performed pursuant to this Agreement. 9. Each Party shall be fully responsible for all repairs, maintenance, and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage of its own equipment that is used, pursuant to this Agreement, outside of its normal jurisdiction or municipal boundaries. However, during prolonged (eight hours or more) suppression activities, the requesting agency shall replenish fuel as needed and provide necessary minor maintenance on responding equipment to keep it operational during the event. 10. Any chemical agents or expendable supplies used during the incident by the responding Party shall be replenished by the requesting Party. 11. The Parties shall ensure each fire apparatus responding pursuant to this Agreement has a minimum crew of three (3) trained fire fighters, including a full-time paid company officer and a full complement of equipment according to the National Fire Protection Association (NFPA) standards as stated in Pamphlet 1901. 12. The assurance of aid to the Parties set forth in this Agreement shall constitute the sole consideration for the performance of this Agreement. It is understood and agreed that no money payments shall be made between the Parties, and that no charges shall be assessed by any Party against any other Party except as expressly provided in this Agreement. Notwithstanding the foregoing, however, and notwithstanding any other provision of this Agreement, neither Party shall be liable to the other Party, or to any other person or party, as a result of its failure to respond or failure to respond timely being the right'': to terminate this Agreement. (Is something missing here??) This provision shall not be construed to prevent billing patients for ambulance transport and other emergency medical services, provided that billing rates shall be consistent with the adopted fee schedule of the agency providing the service. 13. Nothing in this Agreement shall limit the Parties from participating in other agreements with other fire jurisdictions, and this Agreement shall have no effect upon the existing San Diego County Mutual City of Coronado and 2 Automatic Aid Agreement - 2010 City of National City Aid Agreement. Should any Party withdraw for any reason from the existing County Mutual Aid Agreement, this Agreement is automatically terminated upon the effective date of such withdrawal. 14. In order to standardize the Parties' respective fire fighting procedures and to ensure efficient emergency operations at any incident where aid is being rendered, the Parties to this Agreement agree to establish a system of cross -training for their fire fighting personnel. The provisions of Paragraphs 6, 7, 8 and 13 above shall apply to such events as if they were actual incidents of aid response. 15. Either Party may terminate this Agreement by giving written notice of termination to the other Party. Such notice will be sent to the other jurisdiction's Fire Chief and also to the City Clerk of the City of Coronado or the City Clerk of the CITY OF NATIONAL CITY, by and through its Mayor, pursuant to authorization of the City Council of the CITY OF NATIONAL CITY. CITY OF NATIONAL CITY, CITY OF CORONADO, a municipal corporation a municipal corporation By: By: Ron Morrison, Mayor Blair King, City Manager Approved as to form and content: Approved as to form and content: Claudia G. Silva City Attorney Morgan L. Foley City Attorney City of Coronado and 3 Automatic Aid Agreement - 2010 City of National City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 8 'EM TITLE: Resolution of the City Council of the City of National City authorizing the implementation of the National City Community Emergency Response Team (CERT) Program and extending Workers' Compensation benefits to CERT volunteers. (Fire) PREPARED BY: Walter Amedee J,JY PHONE: 619-336-4556 EXPLANATION: See attached staff report. DEPARTMENT: F APPROVED BY: FINANCIAL STATEMENT: APPROVED: pfr, � Finance rry ACCOUNT NO. 282-412-934-355; 282-412-934-226; 282-412-912-355 APPROVED MIS MIS CERT Program implementation costs are approximately $5,000 to $10,000 per year. The FY09 SHSG will be used to fund the FY10-11 CERT implementation and start-up costs. The Cities Readiness Initiative Grant funding is available to fund additional years of CERT. Expect minimal fiscal impact related to Workers' Compensation claims. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the implementation of the National City Community Emergency Response Team (CERT) Program and extend Workers' Compensation benefits to CERT volunteers. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: :RT — Staff Report . —solution STAFF REPORT NATIONAL CITY COMMUNITY EMERGENCY RESPONSE TEAM (CERT) The National City Fire Department would like to implement a Community Emergency Response Team (CERT) program that will become increasingly valuable to the City. Residents have expressed interest in serving the National City community by participating in CERT. With trained volunteers, CERT will help the City better meet its emergency preparedness and response mission. The skills and services offered by CERT-trained volunteers are not found in any other City volunteer program. National City CERT volunteers will be trained to assist others in basic emergency response until arrival of professional First Responders. National City's CERT will focus on community assistance, information sharing, evacuation sites, and shelters. National City's special needs populations will be a priority to receive CERT assistance. CERT can assist with non -emergency projects that improve the safety of the community. However, CERT members will be specifically precluded from the following: (1) performing the duties or taking the place of professional Firefighters and First Responders; (2) serving as a reserve or volunteer fire fighting force; (3) entering heavily damaged or dangerous structures; (4) performing hazardous material cleanup; or (5) deploying without specific authorization. To date, CERT teams have been successfully implemented and organized in 28 areas around San Diego County. Standard disaster preparedness guidelines warn every citizen to be prepared to be self- sufficient for the first 72 hours of a disaster. Firestorm 2007 reaffirmed this warning. Currently in National City, no program exists to assist residents in the preparation for and response to disasters. CERT will help to close this community service gap. The National City Emergency Preparedness Coordinator, the National City Fire Department, and the City's Human Resources Department are committed to the recruitment, training, implementation and sustainment of a National City CERT Program, which is based upon the above -noted foundational guidelines. The Police Department's successful Explorer Program and Senior Volunteer Patrol Program can serve as a model for CERT's implementation, administration and management, while National City's Volunteer Program's pre -established procedures and tools will be utilized for CERT Program advertisement, registration and administration. City staff has begun CERT Program volunteer recruitment. The CERT Academy provides 24 hours of classroom and hands-on training for participants over a two (2) week period. The CERT Academy will take place on the following dates and times: Tuesday, January 4, 2011 Thursday, January 6, 2011 Saturday, January 8, 2011 Saturday, January 15, 2011 - 5:30 p.m. - 9:30 p.m. - 5:30 p.m. - 9:30 p.m. - 8:00 a.m. - 4:00 p.m. - 8:00 a.m. - 4:00 p.m. The program is offered free of charge, and is open to all National City residents OR employees of businesses with a physical address in National City. The CERT program 1 is designed to be practical, interesting, and fun. While the CERT program is interactive, there are no special physical requirements to participate in the program. In the CERT Academy, residents will learn to: • Manage utilities and put out small fires • How to open airways, control bleeding, treating for shock, and providing medical aid • Search for and rescue victims safely • Organize themselves and spontaneous volunteers to be effective • Collect disaster intelligence to support first responder effort Two annual CERT Academies will be planned for approximately 25 students per Academy. CERT Academy training will be provided initially by instructors from Southwestern Community College, but will eventually be provided by National City Public Safety staff primarily at the Martin Luther King Community Center. CERT Programs do involve manageable risks, which can be mitigated through effective team leadership, training, and team membership quality control. Registered CERT members shall be deemed to be Disaster Service Worker's for the City of National City for the sole purpose of extending Workers' Compensation benefits for injuries incurred while performing volunteer services for the City and such benefits will be the sole and exclusive remedy in the event of injuries while performing volunteer CERT activities. Further, registered CERT member volunteers are covered under the Volunteer Protection Act of 1997 which provides immunity when acting in the scope and course of his/her volunteer duties. GRANT FUNDING: The San Diego County Office of Emergency Services met with City staff to determine its preparedness needs, which a National City CERT was a topic of discussion. County OES proceeded to allocate $41,000 of Emergency Management Preparedness Program funds from the FY09 State Homeland Security Grant program to National City. The FY09 SHSG funding provides $5,600 for training, $11,000 for planning, and $10,000 for equipment for the CERT program. The acceptance of FY09 SHSG funding was approved by the City Council per Resolution 2009-252. FISCAL IMPACT: CERT Program implementation and sustainment costs are approximately $5,000 to $10,000 per year. The FY09 SHSG will be used to fund the FY10-11 CERT implementation and start-up costs. The Cities Readiness Initiative Grant funding is available to fund additional years of the CERT Program. There is no way to predict the fiscal impact of this resolution related to Workers' Compensation claims; however, it is anticipated to be minimal. STAFF RECOMMENDATION: Authorize the implementation of the National City Community Emergency Response Team (CERT) Program and extend Workers' Compensation benefits to CERT volunteers. 2 RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE IMPLEMENTATION OF THE NATIONAL CITY COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM, AND EXTENDING WORKERS' COMPENSATION BENEFITS TO CERT VOLUNTEERS WHEREAS, the National City Fire Department desires to implement a Community Emergency Response Team (CERT) Program to help the City better meet its emergency preparedness and response mission; and WHEREAS, National City residents have expressed interest in serving the National City community by participating in the CERT Program; and WHEREAS, National City CERT volunteers will be trained to assist othes in basic emergency response until the arrival of professional First Responders; and WHEREAS, the CERT Program will focus on community assistance, information sharing, evacuation sites, and shelters; and WHEREAS, Fiscal Year 2009 Homeland Security Grant funds, which were accepted by the City on October 20, 20009, by the adoption of Resolution No. 2009-252, will be used to fund the Fiscal Year 2010-2011 CERT Program implementation and start-up costs of approximately $5,000 to $10,000, and the Cities Readiness Initiative Grant funds are available to fund the additional years of the Program; and WHEREAS, registered CERT members shall be deemed to be Disaster Service Workers for the City of National City for the sole purpose of extending Workers' Compensation benefits for injuries incurred while performing volunteer services for the City, and such benefits will be the sole and exclusive remedy in the event of injuries while performing volunteer CERT activities; and WHEREAS, registered CERT volunteers are covered under the Volunteer Protection Act of 1997, which provides immunity to volunteers acting in the scope and course of their volunteer duties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City herby authorizes the implementation of the National City Community Emergency Response Team (CERT) Program, and extends Workers' Compensation benefits to CERT volunteers. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva, City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase from Northrop Grumman of the CommandPoint RMS Scan Center.Iicensing, software and hardware, including the HP 9250C scanner for an amount not to exceed $38,000.00 from Justice Assistance Grant local award 2010. PREPARED BY: Lieutenant Lanny Roark PHONE: 336-4524 EXPLANATION: DEPARTMENT: Police APPROVED BY: ,(`� The CommandPoint RMS Scan Center will enhance the speed and effectiveness of the current records management system by allowing the scanning and attaching of non automated documents into the automated records system. The CommandPoint RMS Scan Center system is the only system compatible with the police department's existing records management system. Northrop Grumman is the National City Police Department's sole provider of records management system licensing and software. The CommandPoint RMS Scan Center is an upgrade and peripheral add -on to the police department's existing records management system. The requested system is proprietary to Northrop Grumman. National City Municipal Code 2.60.220 allows for the waiving of bidding requirements when the commodity or service to be procured is required to integrate with or be compatible with existing furnishings, materials, systems, programs or equipment and the procurement can be timely made from a manufacturer or supplier who has previously satisfactorily supplied the particular commodity or service vhen the commodity can be obtained from only one source and there is no adequate substitute. FINANCIAL STATEMENT: APPROVED: o4, J2i 'e Finance ACCOUNT NO. 290 411 621 502 APPROVED: MIS To be purchased with previously approved JAG local 2010 grant funds ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the bidding requirements be waived and the requested purchase be authorized. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: rthrop Grumman quote for CommandPoint RMS Scan Center RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE SOLE SOURCE PURCHASE OF THE COMMANDPOINT RMS SCAN CENTER LICENSING, SOFTWARE AND HARDWARE, INCLUDING THE HP 9250C SCANNER FROM NORTHROP GRUMMAN FOR AN AMOUNT NOT TO EXCEED $38,000, USING JUSTICE ASSISTANCE GRANT LOCAL AWARD 2010 FUNDS WHEREAS, on July 6, 2010, the City of National City was awarded a $52,065 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase of crime analysis software, records scanning hardware and software and related crime mapping, and plotting and reporting hardware and software for the Police Department; and WHEREAS, it is requested that an amount not to exceed $38,000 in JAG Grant funds be utilized for the purchase of the CommandPoint RMS Scan Center system licensing, software, and hardware, including the HP 9250C Scanner, from Northrup Grumman; and WHEREAS, the CommandPoint RMS Scan Center system is the only system compatible with Police Department's existing records management system, and this request is for an upgrade and peripheral add -on to the Police Department's existing records management system, of which Northrop Grumman is the sole provider; and WHEREAS, pursuant to Section 12.60.220(B) of the National City Municipal Code, the City may dispense with the requirements of the bidding process when the commodity can be obtained by only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent City procurement need. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process, and authorizes a sole source purchase of the CommandPoint RMS Scan Center system licensing, software, and hardware, including the HP 9250C Scanner, from Northrup Grumman in an amount not to exceed $38,000 utilizing funds from the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG). PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva, City Attorney Email: dnoteware@;nationalcityca.gov October 20, 2010 Mr. Dave Noteware Police Support Services Manager National City Police Department 1200 National City Blvd. National City, CA 91950 Dear Mr. Noteware: Northrop Grumman Systems Corporation Information Systems Sector Civil Systems Division Civil Safety and Infrastructure 15010 Conference Center Drive Chantilly, Virginia 20151 Quote# 112970-R1 Northrop Grumman Systems Corporation, acting through Northrop Grumman Information Systems sector, Civil Systems Division, hereinafter referred to as "Northrop Grumman" is pleased to respond to the National City Police Department's request for a quote to implement ConunandPointTM RMS - ScanCenter. Scope of Work • CommandPointTM RMS — ScanCenter license • Implementation and remote training of CommandPointTM RMS - ScanCenter on the Police Department's development system • Implementation of CommandPointTM RMS — ScanCenter on the Police Department's production system • Phone support for configuration of the recommended Hewlett-Packard 9250C Digital Sender (see bullet 2 below regarding this scope) Special Conditions This quote is based on the following assumptions: • The scope of this estimate is limited to the implementation of ScanCenter. Bug fixes and/or enhancements are not covered by this quote. • The supported/recommended scanner is the HP9250C which sends a meta data file with the scanned document that is compatible with ScanCenter. Under the scope of this agreement, Northrop Grumman is willing to work with National City to test use of NCPD's existing scanner, however, it if determines the file is not compatible, it is NCPD's responsibility to purchase the recommended hardware. The scanner specifications document is attached. • Unless otherwise specified, no training or updated product manuals will be provided. • Deployment and support of the software will be provided via remote access. There will be no travel to site. Price The fixed -price to implement this application is: CommandPointT"' Scan Center License Fee $ 20,000 Scan Center Implementation $ 8,032 Subtotal $ 28,032 Taxes @ 9.75% on Software $1,950 Total $29,982 The $4,000 annual maintenance price (plus 5% escalation) will be added to the National City Police Department's CommandPointT"' RMS once the system is accepted. If it is not done during a normal maintenance renewal the maintenance price will be prorated for the current period. Terms and Conditions Northrop Grumman Public Safety Products Standard Terms and Conditions as attached, are applicable to and made a part of this proposal. A purchase order, which should include quote number 112970, should be sent to my attention at john.kourit ngc.com. A timeline for delivery will be established upon receipt of a purchase order from the National City Police Department. This quotation is valid for 60 days from issuance unless extended in writing by Northrop Grumman. Northrop Grumman appreciates the opportunity to respond to the needs of your agency. Please contact Bobbie Polehonka at (858)514-6053 if you need additional information. Sincerely, Sent By Electronic Mail — John C. Kouri John C. Kouri Contracts Manager cc: Mark Hogan Bobbie Polehonka Contract File Notice of Proprietary Information This document contains Northrop Grumman Systems Corporation. Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Northrop Grumman Systems Corporation. This document may be used by the authorized recipient solely for internal purposes. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 10 EM TITLE: Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application for $100,000.00 from 2011 Citizen's Option for Public Safety (COPS) grant without matching funds toward the purchase of police vehicles, small weapons cleaning system, defensive tactics impact protection suits, digital cameras and ballistic shields..' PREPARED BY: Lieutenant Lanny Roark //DEPARTMENT: Police APPROVED BY: PHONE: 336-4524 EXPLANATION: The County of San Diego has announced that the National City Police Department would be awarded $100,000.00 or 100% in new funding from the 2011 Citizen's Option for Public Safety (COPS) grant program. The National City Police Department requests approval to purchase Ford Crown Victoria police interceptor patrol vehicles, the Mini -Max small weapons cleaning system, defensive tactics impact protection suits, digital cameras and ballistic shields for patrol use. The City is required to make the grant application available for review by the City Council and assure the application is made public and an opportunity for comment is provided to citizens for not fewer than 30 days. The City is not required to allocate any up -front costs or matching funds to receive the grant funding. The 2011 COPS grant is a direct grant allocation that requires agencies to complete a spending plan to be submitted to the County of San Diego Auditor and Controller's office in order to process and disburse funds. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED- APPRO A Pwit p W Finance MIS The 2011 COPS grant program does not require a match; therefore, there is no impact to the General Fund. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends that the City Council begin the 30-day review and public comment period, and authorize the purchase of the Ford Crown Victoria police interceptor patrol vehicles, the Mini Max small weapons cleaning system, defensive tactics impact protection suits, digital cameras and ballistic shields following the 30-day period, from the COPS grant funding. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1 COPS (Citizen Option for Public Safety) grant documents RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $100,000 FROM THE 2011 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM WITHOUT MATCHING FUNDS FROM THE CITY, AND AUTHORIZING THE PURCHASE OF POLICE VEHICLES, SMALL WEAPONS CLEANING SYSTEM, DEFENSIVE TACTICS IMPACT PROTECTION SUITS, DIGITAL CAMERAS AND BALLISTIC SHIELDS OR THE POLICE DEPARTMENT WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide Supplemental Law Enforcement Services Funds (SLESF) for public safety purposes; and WHEREAS, the County of San Diego recently announced that the National City Police Department would be awarded $100,000 from the 2011 COPS Grant Program; and WHEREAS, the COPS Grant Program is a direct grant allocation program, and does not require the City to allocate any up -front costs or matching funds by the City; and WHEREAS, the Police Department's spending plan stated that the grant funds would be used for the purchase of police vehicles, small weapons cleaning system, defensive tactics impact protection suits, digital cameras and ballistic shields for the Police Department. WHEREAS, the Police Department is required to make the grant application available for review and public comment for not fewer than 30 days. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the 30-day review and public comment of the National City Police Department's Citizen's Option for Public Safety (COPS) Program grant application, and upon the expiration of the 30 day review and public comment period, authorizes the expenditure of said grant funds in the amount of $100,000 for the of purchase of police vehicles, small weapons cleaning system, defensive tactics impact protection suits, digital cameras and ballistic shields for the Police Department. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney ragcitort i Lanny Roark From: Vicente, Michelle [Michelle.Vicente@sdcounty.ca.gov] Sent: Wednesday, October 27, 2010 10:35 AM To: Idiam@ci.carlsbad.ca.us; Jonathan Alegre; Ed Chew, manderson@c©ronado.ca.us; jochoa@coronado.ca.us; Teresa McBroome; Beverly Sturk jfry@clencinitas.ca.us; gzenns@ci.encinitas.ca.us; bmcseveney@ci.encinitas.ca.us; scervenka@escondldo.org; Lisa Rodelo; mguern@cityofib.org; Claudia Bemal; Leticia Hemandez; Ebuangan; alanning@ci.la- mesa.ca.us; eaceves@ci.la-mesa.ca.us; cmcmillen@ci.la-mesa.ca.us; Barbara Kraber; Lanny Roark; Ronni Zengota; Tess Limfueco; Jeanette Ladrido; Manuel Rodriguez; mkoziel@ci.oceanside.ca.us; Linda Wood; awhite@ci.poway.ca.us; Mark Sanchez, Hojnacki, Brian; Villa, Ronald; Weinheimer, Dan; Noce, David; Tim McDermott; Kathy Valverde; dolaguer@cosb.org; mberkuti@cosb.org; dcoleman©cosb.org; Kathy Valdez; Idedmon@cityofvista.com Cc: Thrush, Dorothy; Cummings, Michele; Nguyen, Tessa Subject: 2010-2011 Citizens Option for Public Safety (COPS) Fund Attachments: DOF FY1011 allocation letter with attachment.pdf; cops lstgtr_fy1011.pdf Good morning, The County of San Diego has been notified by the State of the availability of COPS funding for Fiscal Year 2010-2011 as the result of revenues deposited in the Local Safety and Protection Account (LSPA) in the Transportation Fund. The funds allocated for the COPS program will be based on the amount of VLF revenues deposited to this fund. Exact total amounts available to each jurisdiction will not be known until the final fourth quarter allocation. However, the required minimum payment per jurisdiction is $100,000 per Govt Code 30061(a)(3). For your information, please see both the attached memorandum from the Department of Finance dated October 18, 2010 and the State Controller's First Quarter allocation for the period July 1, 2010 to September 30, 2010. To proceed with the distribution of funds, we request that you submit a copy of your city's expenditure plan along with the Minute Order demonstrating that your city council has approved the plan. Due to the uncertainty of the funding level, we recommend that each city adopt a conservative spending plan and if necessary, amend that plan later in the year when more information is available. When the County receives the approved expenditure plan, it will be routed to the Supplemental Law Enforcement Oversight Committee (SLEOC) for certification of receipt. Once certified by the SLEOC, the County of San Diego Auditor and Controller's office will process the payment of funds. Please be aware that the County will receive the COPS payment in quarterly installments based on actual VLF receipts to the Local Safety and Protection Account. Please mail or fax your approved expenditure plan to the following address: County of San Diego Public Safety Group Attn: Michelle Vicente 734 West Beech Street, Suite 301 San Diego, CA 92101 Or fax to: (619) 232-2436 Thank you. Michelle Vicente Administrative Analyst Public Safety Group (619) 531-4530 Phone (619) 232-2436 Fax 11/4/2010 4'0.$T�.n o IlIf DEPARTMENT DE OFFICE OF THE DIRECTOR October 18, 2010 ARNOLD ECHWARZENEGGER, GOVERNOR STATE CAPITOL ■ ROOM 1 145 ■ SACRAMENTO CA ■ 9S1314-4995 www.O0F.CA.aov The Local Safety and Protection Account (LSPA) in the Transportation Fund is anticipated to receive $365 million in revenues in 2010-11. Based on the formulas contained in Government Code Section 30061, the Department of Finance (Finance) estimates a total of $188.086 million in LSPA revenues will be available for purposes of the Citizens' Option for Public Safety (COPS) program and the Juvenile Justice Crime Prevention Act (JJCPA) program. Pursuant to Government Code Section 30061, Finance estimates the COPS and JJCPA programs will each receive $94.043 million. In addition, Chapter 158, Statutes of 2003, authorizes up to $275,000 from the juvenile justice allocation to be available to the Corrections Standards Authority for administrative purposes. Pursuant to current law, the State Controller is required to allocate the COPS and JJCPA funds to each county that has established a Supplemental Law Enforcement Services Fund (SLESF) in accordance with Section 30061 of the Government Code, and in accordance with the proportionate share of the state's total population that resides in each county and city and county. The Controller is required to make all disbursements upon request of an individual county and city and county that has established a SLESF, and has established an oversight committee pursuant to Section 30064 of the Government Code. Current law requires the county auditor to allocate moneys to the county's SLESF, including any interest or other retum earned on the investment of those moneys, within 30 days of the deposit of those moneys in accordance with the following requirements: 1. 5.15 percent to the county sheriff for county jail construction and operation. 2. 5.15 percent to the district attorney for criminal prosecution. 3. 39.7 percent to the county and the cities within the county in accordance with the relative population for the cities within the county and the unincorporated area of the county. Accordingly, a population estimate for your county is enclosed and a listing of allocations for each eligible entity. The population estimate is based on the January 1, 2010 estimate by the Population Research Unit of the Department of Finance, as required by Section 30061 of the Govemment Code. 4. 50 percent to the county or city and county to implement a comprehensive multi -agency juvenile justice plan, as specified. These funds are intended to cover the cost of approved plan activities from October 1, 2010 through September 30, 2011. -2- The attached allocations reflect the $188.086 million provided in the Budget Act allocated into the four categories above, based on the percentages in statute (i.e. 21.30 percent of total anticipated LSPA revenues for COPS, and an additional 21.30 percent of LSPA revenues for JJCPA). Within each category allocations are based on population, as required by statute. For the 39.7 percent front-line law enforcement category, the allocations also reflect a minimum grant of $100,000. Therefore, entities that would have received fess than $100,000 based on the population distribution formula were provided additional amounts while entities that received more than $100,000 were adjusted proportionately downward, so the total amount allocated is $74.670 million. The amounts distributed to each city within the county and to the county for the unincorporated population were summed to determine front-line law enforcement totals provided to each county for allocation to the cities within the county. Please note that legislation enacted concurrent with the 2009 Budget Act now requires that COPS/JJCPA payments be distributed in four equal installments beginning October 1. Consequently, you will not receive a lump -sum payment as in previous years. We have attached information showing how the anticipated 2010-11 COPS/JJCPA moneys are to be allocated. The allocations should be made in four installments. If the VLF revenues deposited in the LSPA are either greater than or less than $365 million, the COPS/JJCPA allocations will be adjusted on a pro -rated basis. After allocation of funds to each county's SLESF for the juvenile justice program, the SLESF shall only allocate funding for the juvenile justice program after the juvenile justice plan has: (1) been approved by the county board of supervisors, and in the case of a city and county, the plan has been approved by the mayor, and (2) the plan has been submitted to the Corrections Standards Authority and notification from the Authority has been received indicating approval. For questions regarding the COPS program and the allocation of funds for the JJCPA program, please contact Chris Hill, Principal Program Budget Analyst, at (916) 322-2263. For questions regarding the juvenile justice program approval and requirements, please contact Aaron Long at the Corrections Standards Authority at (916) 322-1427. Sincerely, TODD JERUE Chief Deputy Director Attachment 1/1/2010 Co. Jall District Front-line Juvenile COUNTY Population Operation Attorney Enforcement Justice Total SAN DIEGO 3,224,432 $ 808,144 $ 808,144 $ 4,410,452 $ 7,823,117 $ 13,849,858 CARLSBAD 106,804 $ 128,436 CHULA VISTA 237,595 $ 285,717 CORONADO 23,916 $ 100,000 DEL MAR 4,660 $ 100,000 EL CAJON 99,637 $ 119,817 ENCINITAS 65,171 $ 100,000 ESCONDIDO 147,514 $ 177,391 IMPERIAL BEACH 28,680 $ 100,000 LA MESA 55,150 $ 100,000 LEMON GROVE 26,131 $ 100,000 NATIONAL CITY 57,799 $ 100,000 OCEANSIDE 183,095 $ 220,179 POWAY 52,056 $ 100,000 SAN DIEGO 1,376,173 $ 1,654,902 SAN MARCOS 84,391 $ 101,483 SANTEE 58,044 $ 100,000 SOLANABEACH 13,783 $ 100,000 VISTA 97,513 $ 117,263 UNINCORPORATED 503,320 $ 605,262 total population 3,224,432 total, front-line $ 4,410,452 enforcement L3 State Controller's Office COPS and Juvenile Justice Allocation 07-1-10 through 09-30-2010 42,811,48216 5.15% 5.15% 39.70% 50.00% $ 2,204,791 $ 2,204,791 $ 16,996,158 $ 21,405,741 $ 42,811,482 01/012010 Co. Jail District Front -tine Total Juvenile Justice COUNTY Population Operation Attorney Enforcement COPS Total ALAMEDA 1,574,857 89,842.24 89,842.24 470,37339 650,057.87 861,048.90 1,511,106.77 ALPINE 1,189 67.83 67.83 31,358.23 31,493.89 650.08 32,143.97 AMADOR 38,022 2,169.07 2,169.07 188,149.35 192,487.49 20,788.43 213,275.92 BUTTE 221,768 12,651.39 12,65139 188,149.35 213,452.13 121,251.07 334,703.20 CALAVERAS 45,870 2,616.79 2,616.79 62,716.45 67,950.03 25,079.30 93,029.33 COLUSA 22,206 1,266.81 1,266.81 94,074.68 96,608.30 12,141.07 108,749.37 CONTRA COSTA 1,073,055 61,215.51 61,215.51 658,522.74 780,953.76 586,689-99 1,367,643.75 DEL NORTE 29,673 1,692.78 1,692.78 62,716.45 66,10201 16,223.63 82,325.64 EL DORADO 182019 10,383.80 10,383.80 94,074.68 114,842.28 99,518.41 214,360.69 FRESNO 953,761 54,410.04 54,410.04 501,731.61 610,551.69 521,466.31 1,132,018.00 GLENN 29,434 1,679.15 1,679.15 94,074.68 97,43298 16,09296 113,525.94 HUMBOLDT 133,400 7,610.19 7,610.19 250,865.81 266,086.19 72,93610 339,022.29 IMPERIAL 183,029 10,441.42 10,441.42 250,865.81 271,748.65 109070.62 371,819.27 INY0 18,110 1,033.14 1,033.14 62,716.45 64,78273 9,901.59 74,684.32 KERN 839,587 47,896.65 47,896.65 439,015.16 534,808.46 459,041.97 993,850.43 KINGS 156,289 8,915.96 8,915.96 156,791.13 174,623.05 85,450.60 260,073.65 LAKE 64,053 3,654.09 3,654.09 94,074.68 101,382.86 35,020.81 136,403.67 LASSEN 35,889 2,04739 2,04739 62,716.45 66,811.23 19,62222 86,433.45 LOS ANGEI.FS 10441,080 595,641.41 595,641.41 2,790,882.06 3,982,164.88 5,708,63288 9,690,797.76 MADERA 153,655 8,765.69 8,765.69 94,074.68 111,606.06 84,010.47 195,616.53 MARIN 260,651 14,869.59 14,869.59 376,298.71 406,037.89 142,510.25 548,548.14 MARIPOSA 18,192 1,037.81 1,037.81 31,358.23 33,433.85 9,946.43 43,380.28 MENDOCINO 90,289 5,150.80 5,150.80 156,791.13 167,092.73 49,365.27 216,458.00 MERCED 258,495 14,746.59 14,746.59 219,507.58 249,000.76 141,331.46 39 ,33222 MODOC 9,777 557.76 557.76 62,716.45 63,831.97 5,345.55 69,177.52 MONO 13,617 776.82 776.82 62,716.45 64,270.09 7,445.06 71,715.15 MONTEREY 435,878 24,865.91 24,865.91 407,65693 457,388.75 238,315.14 695,703.89 NAPA 1311,917 7,924.92 7,924.92 188,14935 203,959.19 75,95250 279,951.69 NEVADA 98,680 5,629.48 5,629.48 125,432.90 136,691.86 53,953.03 190,644.89 ORANGE 3,166,461 180,639.87 180,639.87 I,097,537,90 1,458,817.64 1,731,254.18 3,190,071.82 PLACER 347,102 19,801.43 19,801.43 219,507.58 259,110.44 189,777.10 448,887.54 PLUMAS 20,428 1,165.37 1,16537 62,716.45 65,047.19 11,168.96 76,216.15 RIVERSIDE 2,139,535 122,05592 122,05592 846,672.09 1,090,783.93 - 1,169,785.11 2,260,569.04 SACRAME1I'O 1,445,327 82,452.83 82,452.83 250,865.81 415,771.47 790,228.72 1,206,000.19 SANBENITO 58,388 3,330.91 3,330.91 94,074.68 100,736.50 31,923.48 132,659.98 SAN BERNARDINO 2,073,149 118,268.74 118,268.74 783,955.64 1,020,493.12 1,133,488.74 2,153,961.86 SAN DIEGO 3,224,432 183,946.99 183,946.99 595,806.29 963,700.27 1,762,949.68 2,726,649.95 SAN FRANCISCO 856,095 48,838.40 48,838.40 31,358.23 129,035.03 468,067.68 597,102.71 SAN JOAQUAN 694,293 39,607.94 39,607.94 250,865.81 330,081.69 379,602.86 709,684.55 SAN LUIS OBISPO 273,231 15,587.25 15,587.25 250,865.81 282,040.31 149,388.33 431,428.64 SANMATEO 754,285 43,030.35 43,030.35 689,88097 775,941.67 412,403.33 1,188,345.00 SANTA BARBARA 434,4131 24,786.22 24,786.22 282,224.03 331,796.47 237,551.34 569,347.81 SANTA CLARA 1,880,876 107,299.98 107,29998 501,731.61 716,331.57 1,028,363.98 1,744,695.55 SANTA CRUZ 272,201 15,528.49 15,528.49 156,791.13 187,848.11 148,825.18 336,673.29 SHASTA 184,247 10,510.90 10,510.90 125,432.90 146,454,70 109,736.56 247,191.26 SIERRA 3,303 188.43 188.43 62,716.45 63,093.31 1,805.91 64,899.22 SISKIYOU 46,010 2,624.77 2,624.77 344,940.48 350090.02 25,155.85 375,345.87 SOLANO 427,837 24,407.19 24,407.19 250,865.81 299,680.19 233,918.75 533,598.94 SONOMA 493,285 28,140.86 28,140.86 313,582.26 369,863.98 269,702.27 639,566.25 STANISLAUS 530,584 30,268.69 30,268.69 313,582_26 374,119.64 290,095.40 664,215.04 SUTTER 99,154 5,656.52 5,656.52 94,074.68 105,387.72 54,21219 159,559.91 TEHAMA 63,100 3,599.72 3,599.72 125,432.90 132632.34 34,499.76 167,132.10 TRINITY 13,898 792.85 792.85 31,358.23 32,943.93 7,598.69 40,54262 TULARE 447,814 25,546.84 25,546.84 282,224.03 333,317.71 244,841.12 578,158.83 TUOLUMNE 56,086 3,199.59 3,199.59 62,716.45 69,115.63 30664.87 99,78050 VENTURA 844,713 48,189.08 48,189.08 344,940.48 441,318.64 461,844.60 903,163.24 YOLO 202,953 11,578.04 11,578.04 156,791.13 179,947.21 110,964.02 290,911.23 YUBA 73,380 4,186.17 4,186.17 94,074.68 102,447.02 40,120.32 142,567 34 Cotmties Sub-Tota1 38,648,090 2,204,791.37 2,204,791.37 16,996158.34 21,405,741.08 21,130,741.08 42,536,482.16 Corrections Staodaats Authority Totals $ 275,000 $ 275,000 2,204,791.37 2,204,791.37 16,996,158.34 21,405,741 08 21,405,741.08 42,811,48216 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 11 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City, the CDC, and the Law Firm of Best, Best & Krieger, LLP, to continue providing legal defense services in the not to exceed amount of $160,000 (Funded by Tax Increment funds) PREPARED BY: Claudia G. Silva DEPARTMENT: City Attorney PHONE: Ext. 4222 EXPLANATION: APPROVED BY: Bruce Beach of the law firm of Best, Best & Krieger, LLP, is an attorney who is well -qualified and experienced in redevelopment litigation. He has been providing excellent service to the City and the CDC in the defense of the current matter since 2007. The proposed resolution would authorize a legal services agreement between the City, CDC and Mr. Beach to continue providing legal services related to the defense in the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, in the not to exceed amount of $160,000. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in CDC Account 511-445-460-213-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: al Services Agreement Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND THE LAW FIRM OF BEST, BEST & KRIEGER, LLP, TO PROVIDE LEGAL DEFENSE SERVICES IN THE NOT TO EXCEED AMOUNT OF $160,000 WHEREAS, the City of National City is currently engaged in litigation in a case entitled Community Youth Athletic Association (CYAC) v. All Persons Interested in the Mater of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295; and WHEREAS, attorney Bruce Beach of Best, Best & Krieger, LLP, has represented the City of National City in this matter, and the parties seek to enter into an Agreement for legal services to further memorialize the relationship for legal defense services pertaining to the CYAC litigation; and WHEREAS, the law firm of Best, Best & Krieger, LLP, is a qualified and experienced law firm, and has provided high quality legal services to the City and the Community Development Commission on a variety of projects and issues pertaining to eminent domain, redevelopment, and related litigation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the law firm Best, Best & Krieger, LLP, to provided legal defense services regarding the CYAC litigation in an amount not to exceed $160,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND BEST, BEST & KRIEGER, LLP THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic, (the "CDC"), and BEST, BEST & KRIEGER, LLP, (the "FIRM"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services. Article 1. Retainer. The CITY and CDC hereby retains the FIRM to assist in the defense in the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, subject to this Agreement. The FIRM has been representing the Respondents in the above -referenced matter since the inception of the litigation, and the parties now seek to formalize the relationship into writing. Article 2. Scope of Services. The CITY and CDC shall have the right in their sole discretion to determine the particular services to be performed by the FIRM under this Agreement. The CITY and CDC are engaging the services of Firm Partner Bruce Beach. All work shall be performed by or under supervision of Bruce Beach. These services include the following: defense in the above -entitled matter. It is expected that the FIRM will work with the CITY's City Attorney, CITY staff, CDC Legal Counsel and CDC staff. Article 3. follows: Compensation. Compensation paid under this Agreement shall be as Partner: Bruce Beach Senior Associate: Jr. Associate: Paralegal/Legal Assistant: $225.00 per hour $2I 5.00 per hour $175.00 per hour $150.00per hour A. The FIRM shall not use more than one attorney for the same specific task without the CITY and CDC's approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY and the CDC. B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CITY's City Attorney and CDC's Legal Counsel and the FIRM. Neither the CITY nor the CDC shall be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM. C. One -hundred sixty -thousand dollars ($160,000) has been appropriated or otherwise duly authorized as the not to exceed amount for the payment of legal services and out-of-pocket disbursements pursuant to this Agreement. The FIRM has already been paid $137,582.78 for services rendered through June 30, 2010. The authorized appropriation in the not to exceed amount of $160,000 is for services rendered after June 30, 2010. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY and the CDC. D. The FIRM shall keep the CITY and the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY or the CDC for travel time; however, the FIRM may charge for work performed for the CITY or the CDC during any travel time. E. The CITY and CDC further agree to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY and the CDC with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY and the CDC has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CITY and the CDC will consider reimbursement on a case -by -case basis. The CDC or the CITY will not reimburse overtime incurred for the convenience of the FIRM's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's or CITY's prior consent. The CITY and the CDC expect these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY and the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CITY and the CDC's payment process, the CITY and the CDC will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the FIRM should be submitted to Claudia G. Silva, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The Page 2 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY and the CDC in support of bills rendered by the FIRM. G. The FIRM agrees to forward to the CITY and the CDC a statement of account for each one -month period of services under this Agreement, and the CITY and the CDC agree to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY and the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete. (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (h) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2), Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) Neither the CITY nor the CDC pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CDC pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CITY and the CDC's payment process, the CTTY and the CDC will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY and CDC decision, and the CITY and the CDC's representatives may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY and the CDC must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded Page 3 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K or the attorney leaves the FIRM. The CITY and CDC will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CITY and the CDC must be had. This includes document review. Article 4. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY and the CDC. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY and the CDC. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY and the CDC. Article 6. Compliance with Controlling Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The CITY and the CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the FIRM and the CITY/CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM in this Agreement, the CITY/CDC or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY/CDC shall each prepare a report which supports their position and file the same with the other party. The CITY/CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM. Article 8. Indemnification. The FIRM agrees to indemnify and hold each the CITY and the CDC and their agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any Page 4 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K claims or liability arising from the established sole negligence or willful misconduct of the CITY or CDC, its agents, officers, or employees. Article 9. Insurance. The FIRM shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CITY and the CDC. At its sole cost and expense, the FIRM shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the FIRM's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CITY and the CDC and their elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the CITY and the CDC and their elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CITY and the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CITY and the CDC by certified mail. Before this Agreement shall take effect, the FIRM shall furnish the CITY and the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The FIRM may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The FIRM agrees to comply with the CITY's Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug - free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insurethat applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous Page 5 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the FIRM and the CITY/CDC and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the FIRM shall be given to the CITY's City Attorney and CDC's Legal Counsel. Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY and CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: Claudia G. Silva City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Brad Raulston Executive Director Community Development Commission 1243 National City Boulevard National City, CA 91950-4301 Notice to the FIRM shall be addressed to: Bruce Beach, Esq. Best, Best & Krieger, LLP 655 West Broadway l5th Floor San Diego, CA 92101-3301 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Page 6 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The FIRM covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY/CDC and the FIRM. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CITY/CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY/CDC. This prohibition shall not preclude the CITY/CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the 9th day of November, 2010. --- Signature Page to Follow --- Page 7 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: BEST, BEST, & KRIEGER, LLP (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: '-'6i( ,C4--&eack Ron. Morrison, Chairman Bruce Beach, Esq. By: APPROVED AS TO FORM: (Signature) By: Claudia G. Silva CDC General Counsel (Print Name) CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: Claudia G. Silva City Attorney Page 8 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 12 EM TITLE: Resolution accepting the lowest, responsive, responsible bid, for two Ford Crown Victoria Police Interceptors, from Villa Ford, in the amount of $51,447.65. PREPARED BY: Debbie Lunt DEPARTMENT: Finance PHONE: 336-4582 APPROVED BY: ✓�� EXPLANATION: Cahn 475.4 On 4/21/09 Council awarded the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $222,511 and authorized the purchase of Police Vehicles. (Council Resolution #2009-84) Request for Bid #GS1011-2 was issued for the purchase of two (2) 2010 model Ford Crown Victoria Police Interceptors, or equal. Bids received were for 2011 model Ford Crown Victoria Police Interceptors, as the 2010 models are not available. Bids were mailed to fifteen (15) vendors, netting five (5) responses. Bids were opened and publicly read on November 2, 2010, with no vendors present for the opening. Villa Ford was determined to be the lowest, responsive, responsible bidder in the amount of $51,447.65. FINANCIAL STATEMENT: ACCOUNT NO. 290-411-611-511-0000 $51,447.65 (JAG) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPRO (14, Finance APPR D: MIS STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to Villa Ford, and that authority be given to issue the resulting Purchase Order. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ' 4bstract RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR TWO 2010 FORD CROWN VICTORIA POLICE INTERCEPTORS FROM VILLA FORD IN THE AMOUNT OF $51,447.65 WHEREAS, on April 21, 2009, the City Council adopted Resolution No. 2009-84, accepting the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $222,511, and authorized the purchase of police vehicles; and WHEREAS, Bid No. GS1011-2 was issued for the purchase of two 2010 Ford Crown Victoria Police Interceptors or equal; and WHEREAS, on November 2, 2010, bids were publicly opened and publicly read with no vendors present. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the purchase of two 2010 Ford Crown Victoria Police Interceptors to the lowest responsive bidder, to wit: VILLA FORD BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the purchase of two 2010 Ford Crown Victoria Police Interceptors from Villa Ford for the Police Department, using $51,447.65 in JAG grant funds. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney BID ABSTF -!ANALYSIS S/2010 BID 9.75% TIRE EXT. SUB PYMT TERMS TOTAL BIDDER: TAX FEE WARRANTY DELIVERY TOTAL (BID-%) AWARD NOTES Villa Ford $42,521.78 $4,145.87 $0.00 $4,780.00 $0.00 $51,447.65 $0.00 $51,447.65 AWARD Orange, CA Net 30 Raceway Ford $42,822.00 $4,175.15 $17.50 $4,980.00 $0.00 $51,994.65 $0.00 $51,994.65 Riverside, CA Net 30 Theodore Robins Ford $46,979.76 $4,580.53 $17.50 $5,311.12 $0.00 $56,888.91 ($4,697.98) $52,190.93 Costa Mesa, CA 10% 20 Net 30 Kearny Pearson Ford $49,224.00 $4,799.34 $17.50 $0.00 $0.00 $54,040.84 $0.00 $54,040.84 San Diego, CA Net 30 $4,370.00 Wondries Ford $45,684.00 $4,454.19 $17.50 $0.00 $54,525.69 $0.00 $54,525.69 Alhambra, CA Net 30 Bob Baker Ford No Response San Diego, CA Don Knott Ford Lincoln No Response Carson, CA Downey Ford No Response Downey, CA Drew Ford La Mesa, CA No Response E l Cajon Ford No Response El Cajon, CA Fuller Ford No Response Chula Vista, CA Ken Grody Ford No Response Carlsbad, CA Miramar Ford Trucks No Response San Diego, CA Mossy Ford No Response San Diego, CA Perry Ford No Response National City, CA CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 13 M TITLE: Resolution accepting the lowest, responsive, responsible bid, for one Nissan Altima, from Mossy Nissan, in the amount of $26,522.56. PREPARED BY: Debbie Lunt PHONE: 336-4582 APPROVED BY: - < q t EXPLANATION: On 4/20/10 Council awarded grant funds from the Bureau of Justice Assistance (BJA) Recovery Act Program Combating Criminal Narcotics activity along the Southern Border of U.S. in the amount of $286,818 and authorized the purchase of a vehicle. (Council Resolution #2010-81) DEPARTMENT: Finance Request for Bid #GS1011-1 was issued for the purchase of one (1) 2011 model Nissan Altima, or equal. Bids were mailed to seven (7) vendors, netting one (1) response. Bids were opened and publicly read on November 2, 2010, with no vendors present for the opening. Mossy Nissan was determined to be the lowest, responsive, responsible bidder in the amount of $26,522.56. FINANCIAL STATEMENT: APPROVED: 4), Finance ACCOUNT NO_ APPROVED: U 1" MIS 131-411-000-511-0000 $7,922.56 (Asset Forfeiture) 290-411-615-511-0000 $18,600.00 (BJA) ENMRQNM NTAL REVIEW N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to Mossy Nissan, and that authority be given to issue resulting Purchase Order. BOARD 1 COMMISSION RECOMMENDATION; N/A ATTACHMENTS: Abstract RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR ONE 2010 NISSAN ALTIMA FROM MOSSY NISSAN IN THE AMOUNT OF $28,522.56 FOR THE POLICE DEPARTMENT WHEREAS, on April 20, 2010, the City Council adopted Resolution No. 2010-81, authorizing the Police Department to participate in the Bureau of Justice Assistance ("BJA") Recovery Act State and Local Law Enforcement Assistance Program: Combating Criminal Narcotics Activity Stemming from the Southem Boarder of the United States Grant, for grant funds in the amount of $286,818, and $18,600 of said grant funds were authorized for the purchase of a police vehicle; and WHEREAS, Bid No. GS1011-1 was issued for the purchase of one 2010 Nissan Altima or equal; and WHEREAS, on November 2, 2010, bids were publicly opened and publicly read with no vendors present. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the purchase of a 2010 Nissan Altima to the lowest responsive bidder, to wit: MOSSY NISSAN BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the purchase of a 2010 Nissan Altima from Mossy Nissan for the Police Department using $18,600 in BJA grant funds and $7,922.56 from Asset Forfeiture funds. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney BID ABSTR /ANALYSIS 2010 9.75% DMV/DOC EXT. SUB PYMT TERMS TOTAL BIDDER: BID TAX FEE WARRANTY DELIVERY TOTAL (BID-%) AWARD NOTES $0.00 $27,272.56 Mossy Nissan $23,461.00 $2,287.45 $424.11 $1,100.00 ($750.00) $26,522.56 AWARD National City, CA Net 30 Includes $750 rebate Mossy Nissan El Cajon El Cajon, CA No Response Mossy Nissan Escondido No Response Escondido, CA Mossy Nissan Kearny Mesa No Response San Diego, CA Mossy Nissan Oceanside No Response Oceanside, CA Mossy Nissan Poway No Response Poway, CA Pacific Nissan No Response San Diego, CA CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. '14 'EM TITLE: Resolution accepting the lowest, responsive, responsible bid, for 7 Chevrolet vehicles, from City Chevrolet, in the amount of $190,619.18. PREPARED BY: Debbie Lunt PHONE: 336-4582 EXPLANATION: See attached DEPARTMENT: Finance APPROVED BY: b< FINANCIAL STATEMENT: APPROVED: flag ACCOUNT NO. 290-411-620-511-0000 $28,106,87(CEDV Gra 1PROVED:`1 290-411-611-511-0000 $129,820.08 (JAG Grant) 131-411-000-511-0000 $32,692.23 (Asset Forfeiture) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to City Chevrolet, and that authority be given to issue the resulting Purchase Order. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation oiu Abstract Explanation: On 4/21/09 Council accepted the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $222,511 and authorized the purchase of Police Vehicles. (Council Resolution #2009-84) On 5/19/09 Council also accepted the Children Exposed to Domestic Violence Specialized Response Program Grant in the amount of $600,000. Said grant funds were authorized to purchase a vehicle. (Council Resolution #2009-109) Request for Bid #GS1011-3 was issued for the purchase of six (6)* 2010 model Chevrolet vehicles — 2-Tahoe's, 2-Impala's, 1-Malubu and 1-Traverse, or equal. Bids received were for 2011 model Chevrolet vehicles, as the 2010 models were not available. Bids were mailed to ten (10) vendors, netting four (4) responses. Bids were opened and publicly read on November 8, 2010, with no vendors present for the opening. City Chevrolet was determined to be the lowest, responsive, responsible bidder in the amount of $190,619.18*. *The bid was originally issued for 6 vehicles, but the Police Department decided to buy a 7th vehicle (Tahoe) using asset forfeiture funds. This award will include the 6 vehicles on the bid plus the additional Tahoe. The vendor has agreed to extend bid pricing for the 7th vehicle. BID ABSTRACT/ANALYSIS 11/9/2010 9.75% TIRE EXT. SUB PYMT TERMS TOTAL BIDDER: BID TAX FEE WARRANTY DELIVERY TOTAL (BILE%) AWARD NOTES City Chevrolet $139,020.00 $13,554.45 $52.50 $5,300.00 $0.00 $157,926.95 Net 30 $157,926.95 San Diego, CA $32,692.23 Additional Tahoe adds $32,692.23 for a total award of $190,619.18 to City Chevrolet. $190,619.18 AWARD Courtesy Chevrolet $139,433.01 $13,594.72 $49.00 $7,490.00 $0.00 $160,566.73 Net 30 $160,566.73 San Diego, CA Bob Stall Chevrolet $141,685.00 $13,814.29 $35.00 $0.00 $0.00 $155,534.29 Net 30 $155,534.29 DISQ. Does not include La Mesa, CA extended warranty Quality Chevrolet $141,853.00 $13,830.67 $49.00 $6,290.00 $0.00 $162,022.67 Net30 $162,022.67 Escondido, C Jimmy Johnson Chevrolet No Response San Diego, CA People's Chevrolet No Response Chula Vista, CA Poway Chevrolet No Response Poway, CA Ron Baker Chevrolet No Response National City, CA VIP Chevrolet No Response El Cajon, CA 9 Weseloh Chevrolet No Response Carlsbad, rsA RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR SEVEN 2010 CHEVROLET VEHICLES FROM CITY CHEVROLET IN THE AMOUNT OF $190,619.18 FOR THE POLICE DEPARTMENT WHEREAS, on April 21, 2009, the City Council adopted Resolution No. 2009-84, accepting the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $222,511, which authorized the purchase of police vehicles; and WHEREAS, Bid No. GS1011-3 was issued for the purchase of six Chevrolet vehicles; and WHEREAS, on November 8, 2010, the bids were publicly opened and publicly read, with no vendors present; and WHEREAS, a seventh vehicle was later added by using funds from the Children Exposed to Domestic Violence grant. WHEREAS, Resolution No. 2009-84, adopted by the City Council on May 19, 20009, authorized the acceptance of a Children Exposed to Domestic Violence grant through the State of California in the amount of $600,000 over three years to contract with South Bay Community Services to serve the needs of young victims of domestic violence. Said grant authorized the purchase of a vehicle for use by the police officer working with South Bay Community Services, therefore, a seventh vehicle was included in the purchase from City Chevrolet; and WHEREAS, the funds used for the purchase of the seven 2010 Chevrolet vehicles are as follows: 1) $129,820.08 from the 2009 Edward Byrne Memorial Justice Assistance Grant. 2) $28,106.87 from the Children Exposed to Domestic Violence Grant. 3) $32,692.23 from Asset Forfeiture funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the purchase of seven 2010 Chevrolet vehicles to the lowest responsive bidder, to wit: CITY CHEVROLET BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the purchase of seven 2010 Chevrolet vehicles from City Chevrolet for the Police Department using $157,926.95 in grant funds and $32,692.23 in Asset Forfeiture funds, for a total of $190,619.18. --- Signature Page to Follow--- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney City of National City, California COUNCIL AGENDA STATEMENT ETING DATE November 23, 2010 AGENDA ITEM NO. 15 ( TEM TITLE Resolution of the City Council of the City of National City ratifying the acceptance of a $59,466 grant from California Library Literacy Services to fund the Library's literacy programs for FY10-11. PREPARED BY M. Duong x588 EXPLANATION DEPARTMENT Library The California Library Literacy Services (CLLS) grant is awarded to the National City Public Library by the California State Library to support the following programs: • Adult Literacy Service • English Language Literacy Intensive • Families for Literacy • Mobile Library Literacy Services The CLLS funding formula consists of a baseline amount of $10,000 for each of the four programs, combined ith a per capita amount per adult learner served the previous year and a match on local funds in the amount .. $19,466 for a total amount of $59,466 for fiscal year 2010-2011. Environmental Review ✓ N/A Financial Statement /% Approved By. Finance Director Account No. 26 -'3/336'3 STAFF RECOMMENDATION Approval recommended. BOARD / COMMISSION RECOMMENDATION Approved by the Library Board of Trustees on November 10, 2010 ATTACHMENTS ( Listed Below) Resolution No. kward Letter. '3 RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $59,466 GRANT FROM CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE LIBRARY'S LITERACY PROGRAMS FOR FY 2010-2011 WHEREAS, on October 18, 2010, the National City Public Library received a grant in the amount of $59,466 from the California Library Literacy Services (the "CLLS Grant") to fund the Library's literacy programs for FY 2010-2011; and WHEREAS, on November 10, 2010, the National City Library Board of Trustees approved and accepted the CLLS Grant; and WHEREAS, in keeping with the City's efforts to memorialize all grants accepted by the City, it is recommended that the City Council ratify the acceptance the California Library Literacy Services Grant in the amount of $59,466. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance a California Library Literacy Services Grant in the amount of $59,466 to fund the National City Public Library's Literacy Programs for FY 2010- 2011. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor ��u(elt�rrir STATE'L1 BRARY rRf ER4INC. 0.1,H iRtr,f.S WiiINc; OUR FUTURE October 18, 2010 Ms. Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-4401 Dear Ms. Duong: We are pleased to inform you that your application has been approved and that your California Library Literacy Services (CLLS) program will receive funding for the 2010/11 fiscal year to support the following approved CLLS program component(s). Baseline amount for your supported programs: Adult Literacy Services $10,000 Family for Literacy $10,000 English Language & Literacy Intensive $10,000 Mobile Library Literacy Services $10,000 Subtotal baseline(s): $40,000 As you know, our CLLS funding formula consists of three parts which reflect our CLLS mission and values: 1. A baseline amount for each of your approved CLLS program components that reflects the importance of each library having enough funds to provide a minimum level of local literacy staffing and services. 2. Aper capita amount per adult learner served in the previous year that reflects the fact that Adult Literacy Services are the heart of our service, and are the basis for all other literacy services. 3. A match on local funds raised and expended for adult literacy services —reflecting a commitment to a continuing State/Local partnership, and to providing an incentive for increased local support for adult literacy. The remainder of your 2010/11 award was determined by applying the other two parts of the formula: Subtotal baseline(s): $40,000 (Per Capita & Match) $19,466 GRAND TOTAL FOR 2010/11 $59,466 (amount to be claimed now) Any changes in your funding from last year could be a result of the following factors: • Baseline —a change in the CLLS program components offered • Per Capita an increase or decrease in the number of adult learners you served • Match —an increase or decrease in the amount of local funds expended on adult literacy. 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94217-0001 900 N Street, 4,h Floor, Sacramento, CA 95814 National City Public Library Page 2 Payment Process We will initiate the payment process upon receipt of your signed Claim Form (attached). You should receive a check for the above amount within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2011. Budget Revision Please revise your budget for 2010/11 using the CLLS dollar figure above, and any other financial or staffing changes you've made since submission of your 2010/11 CLLS application. Since the budget that you submitted with the application was based on projections, the revised budget should reflect updated information and more accurate figures. The revised budget forms will be available after November 1, 2010 at www.libraryliteracy.org and must be completed by December 15, 2010. If you have questions about the Revised Budget, contact Jacquie Brinkley at jbrinkley@library.ca.gov or (916) 651-0376. Application Issues and/or Comments We noted the following specific issues or observations regarding your application and/or final report: • While we applaud the 3 ELLI Parent nights you mention, where parents can come to see their children's progress, two of the ELLI Program Essentials require more than that: • • The service provides instruction to parents on how to navigate the school system and get involved with their child's school as well as other aspects of parenting as needed • • Programming activities like storytelling educational games, tutoring, arts programming and book discussions are designed to promote the enjoyment of reading and writing in children and adults • We will be watching for program changes that reflect these Program Essentials in your next report. Should you have additional questions regarding the funding and/or reporting process, please contact: Jacquie Brinkley at (916) 651-0376 or jbrinklev(a librarv.ca.gov Carla Lehn at (916) 653-7743 or clehn(a?library.cagov Best wishes in implementing your important library literacy services. Kindest Regards, Stacey A. Aldrich, State Librarian of California cc: Kris Jorgensen, Literacy Coordinator (kris..jorgensenra)nationalcitylibrary.org) File Enc.: Claim Form 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23rd, 2010 AGENDA ITEM NO. j6 EM TITLE: ;Warrant Register #17 for the period of 10/20/10 through 10/26/10 in the amount of $1,919,317.66 PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: 614,7 ,p„. �\ EXPLANATION: f� Per Government Section Code 37208, attached are the warrants issued for the period of 10/20/10 through 10/26/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check ATP Engineering 238816 Harris & Associates Inc 238852 Amount $1,256,471.36 $ 106,884.05 Explanation Street Resurfacing project Design 8th street corridor Smart growth FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: d, ce,p. Finance APPR D: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,919,317.66 BOARD / COMMISSION RECOMMENDATION: N/A, ATTACHMENTS: errant Register #17 Warrant Register #17 10/26/2010 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 166 NUTRITION 212 PERSONNEL COMPENSATION FUND 290 POLICE DEPT GRANTS 296 ENGINEERING DEPT GRANTS 307 PROPOSITION A" FUND 346 PROP 1B FUND 502 SECTION 8 FUND 511 TAX INCREMENT FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 725 PLANNING 731 CONSTRUCTION AND DEMOLITION DEBRIS 345,691.39 1,998.95 24,386.94 10,809.68 522.46 2,811.43 7,553.64 475.00 9,854.08 768,557.94 556,870.48 9,526.56 92,238.47 42,279.85 36.65 3,305.00 9,345.30 4,512.47 4,980.50 203.13 3,594.99 19,762.75 1,919,317.66 1/3 PAYEE BRG CONSULTING, INC DESROCHERS PRO BUILD PRUDENTIAL OVERALL SUPPLY SWEETWATER AUTHORITY VISTA PAINT WESTFLEX INDUSTRIAL ABCANA INDUSTRIES ACEDO AGI GENERAL CONTRACTING ALLEN ALPHA & OMEGA ALTA PLANNING & DESIGN, INC. ANDERSON ARANDA ARJIS ASSI SECURITY AT&T MOBILITY AT&T/MCI AT&T/MCI ATP GENERAL ENGINEERING AUSTIN DOORS BECK BEST WINDOW TINTING, INC. BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BOYD BRENNTAG PACIFIC INC BURKE WILLIAMS & SORENSEN LLP CA MUNICIPAL TREASURERS ASSO CALIFORNIA BAKING CO. CEB CLEARWIRE LEGACY LLC CONDON COOPERS PLUMBING & HEATING CORPUZ COX COMMUNICATIONS COX COMMUNICATIONS DAPPER TIRE COMPANY DEFRATIS DELTA DENTAL PLAN OF CA DEPARTMENT OF JUSTICE DICERCHIO DREDGE DREW FORD EISER 111 ERGOMETRICS Cary- izec6RPORperEp -) WARRANT REGISTER # 17 10/26/2010 DESCRIPTION FIRST AMENDMENT/DOWNTOWN SPECS RETIREMENT BENEFIT FOR NOV'10 MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICES WATER UTILITIES FOR CDC MOP# 68834. PAINTING SUPPLIES/NSD MOP# 63850. PAINTING SUPPLIES/NDS MUNICIPAL POOL CHEMICALS RETIREE HEALTH BENEFITS NOV'10 REFUND OF C & D DUES RETIREE HEALTH BENEFITS NOV'10 SCBA MASK FIT TESTS / FIRE 6/28-8/1 SERVICES RETIREE HEALTH BENEFITS NOV'10 REIMBURSEMENT/NACOLE CONFERENCE PERIOD: JULY 1 2010 - JUNE 30 2011 CITY-WIDE CARD ACCESS PROJECT ATT SECURE WIRELESS CIRCUIT TELECOMMUNICATIONS SERVICES TELECOMMUNICATIONS SERVICES PROGRESS PAYMENT 2 DOOR REPAIRS RETIREE HEALTH BENEFITS NOV'10 WINDOW TINTING MOP# 67727. PERPS ENGRAVED / POLICE DAIRY DELIVERY FOR NUTRITION RETIREE HEALTH BENEFITS NOV'10 MUNICIPAL POOL CHEMICALS FFA GRIEVANCE 2010 ANNUAL MEMBERSHIP BREAD DELIVERY / NUTRITION CENTER CA CIVIL LITIGATION MANUAL UPDATE REFUND PORTION OF FILING CHARGES RETIREE HEALTH BENEFITS NOV'10 PLUMBING SERVICES, REPAIRS RETIREE HEALTH BENEFITS NOV'10 238831 COX HIGH SPEED 60MB DATA CIRCUIT 238832 COX CABLE AT TEEN CENTER AND SENIOR 238833 TIRES FOR CITY FLEET RETIREE HEALTH BENEFITS NOV'10 COBRA DENTAL INS SEP 2010 INVESTIGATIVE SERVICES RETIREE HEALTH BENEFITS NOV'10 RETIREE HEALTH BENEFITS NOV'10 MOP 49078 AUTO PARTS RETIREE HEALTH BENEFITS NOV'10 PROMOTIONAL ACTIVITIES CHK NO DATE AMOUNT 238796 10/26/10 4,052.26 238797 10/26/10 110.00 238798 10/26/10 138.35 238799 10/26/10 13.34 238800 10/26/10 155.90 238801 10/26/10 1,021.42 238802 10/26/10 84.69 238803 10/26/10 177.96 238804 10/26/10 160.00 238605 10/26/10 19, 762.75 238806 10/26/10 125.00 238807 10/26/10 700.00 238808 10/26/10 10,445.50 238809 10/26/10 110.00 238810 10/26/10 121.66 238811 10/26/10 11,726.04 238812 10/26/10 3,305.00 238813 10/26/10 2,062.3' 238814 10/26/10 2,523.59 238815 10/26/10 735.68 238816 10/26/10 1,256,471.36 238817 10/26/10 412.99 238818 10/26/10 140.00 238819 10/26/10 230.00 238820 10/26/10 5.44 238821 10/26/10 316.55 238822 10/26/10 145.00 238823 10/26/10 440.03 238824 10/26/10 1,590.00 238825 10/26/10 155.00 238826 10/26/10 576.00 238827 10/26/10 322.44 238828 10/26/10 3,594.99 238829 10/26/10 280.00 238830 10/26/10 762.00 10/26/10 140.00 10/26/10 3,679.77 10/26/10 133.93 238834 10/26/10 2,248.83 238835 10/26/10 120.00 238836 10/26/10 203.13 238837 10/26/10 512.O( 238838 10/26/10 70.0, 238839 10/26/10 250.00 238840 10/26/10 436.52 238841 10/26/10 250.00 238842 10/26/10 8,874.97 2/3 Nc 88 WARRANT REGISTER # 17 10/26/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT ESGIL CORPORATION PLAN CHECKING SERVICES OF BUILDING 238843 10/26/10 10,809.68 FEDEX FEDEX SHIPMENT 238844 10/26/10 36.65 FEHR & PEERS TIGER GRANT II 238845 10/26/10 11,800.00 FERGUSON ENTERPRISES INC MOP 45723 PLUMBING MATERIALS 238846 10/26/10 1,690.66 FLEET SERVICES INC MOP 67804 AUTO PARTS 238847 10/26/10 23.27 GIBBS JR RETIREE HEALTH BENEFITS NOV'10 238848 10/26/10 120.00 GOO RETIREE HEALTH BENEFITS OCT'10 238849 10/26/10 330.00 GRAINGER MOP 65179 ELECTRICAL MATERIAL 238850 10/26/10 69.30 HANSON RETIREE HEALTH BENEFITS NOV'10 238851 10/26/10 135.00 HARRIS & ASSOCIATES INC 8TH ST CORRIDOR SMART GROWTH 238852 10/26/10 106,884.05 HINDERLITER DE LLAMAS & ASSOC AUDIT SVCS / SALES TAX / O 2 2010 238853 10/26/10 6,523.57 HINDERLITER DE LLAMAS & ASSOC AUDIT SVCS / TRANS TAX / Q 2 2010 238854 10/26/10 2,209.00 HOLLIS RETIREE HEALTH BENEFITS NOV'10 236855 10/26/10 185.00 HOLLOWAY RETIREE HEALTH BENEFITS NOV'10 238856 10/26/10 150.00 JAMES RETIREE HEALTH BENEFITS NOV'10 238857 10/26/10 140.00 JOHN DEERE LANDSCAPES MOP 69277 PLANTING MATERIAL 238858 10/26/10 48.39 'ONES REIMBURSEMENT / KITCHEN UTENSILS 238859 10/26/10 188.79 IMBLE RETIREE HEALTH BENEFITS NOV'10 238860 10/26/10 300.00 rOLANDA RETIREE HEALTH BENEFITS NOV'10 238861 10/26/10 135.00 KONE EMERGENCY ELEVATOR REPAIRS 238862 10/26/10 236.45 L1 IDENTITY SOLUTIONS INVESTIGATIVE SERVICES 238863 10/26/10 32.00 IANDA RETIREE HEALTH BENEFITS NOV'10 238864 10/26/10 155.00 LASER SAVER INC MOP 45725 COMPUTER SUPPLIES 238865 10/26/10 229.71 LOPEZ TRANSLATION SERVICES FY 10/11 238866 10/26/10 140.00 MAN K-9 INC. MAINTENANCE TRAINING / PD K-9 SEPT 238867 10/26/10 800.00 MATIENZO RETIREE HEALTH BENEFITS NOV'10 238868 10/26/10 100.00 MCCABE RETIREE HEALTH BENEFITS NOV'10 238869 10/26/10 280.00 MCCAIN TRAFFIC SUPPLY QUICLOAD CABLE 238870 10/26/10 71.34 MCGREGOR RETIREE HEALTH BENEFITS NOV'10 238871 10/26/10 120.00 MUNICIPAL CODE CORPORATION MUNICIPAL CODE SUPPLEMENT #30 -2 238872 10/26/10 123.98 MURRAY RETIREE HEALTH BENEFITS NOV10 238873 10/26/10 150.00 MYERS RETIREE HEALTH BENEFITS NOV'10 238874 10/26/10 140.00 NAPA AUTO PARTS MOP 45735 AUTO PARTS 238875 10/26/10 300.58 NEXUS IS INC NEXUS PHONE SYSTEM 238876 10/26/10 210.00 NICP REGISTRATION ADV DOM VIOL CONE 238877 10/26/10 475.00 NIXON EGLI EQUIPMENT CO. STREET SWEEPER PARTS 238878 10/26/10 772.12 NOSAL WILLIAM A RETIREMENT SETTLEMENT NOV'10 238879 10/26/10 1,098.64 OCHOA RETIREE HEALTH BENEFITS NOV'10 238880 10/26/10 125.00 PAUU RETIREE HEALTH BENEFITS NOV'10 238881 10/26/10 340.00 PERRY FORD MOP 45703 AUTO PARTS 238882 10/26/10 162.38 POST RETIREE HEALTH BENEFITS NOV'10 238883 10/26/10 280.00 OTTER RETIREE HEALTH BENEFITS NOV10 238884 10/26/10 150.00 OWERSTRIDE BATTERY CO INC MOP 67839 AUTO PARTS 238885 10/26/10 801.62 PRO BUILD MOP 45707 MATERIALS & SUPPLIES 238886 10/26/10 563.23 PRO -EDGE KNIFE KNIFE SHARPENING SVCS/NUTRITION 238887 10/26/10 157.00 PROJECT PROFESSIONALS CORP. RESURFACING FY 10-11 238888 10/26/10 90,144.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICE 238889 10/26/10 407.48 3/3 PAYEE PUBLIC EMP RETIREMENT SYSTEM RAY RBF CONSULTING ROE RUIZ SAM'S ALIGNMENT SERVICE SAN DIEGO CONCRETE CUTTING CO. SAN DIEGO SPEEDO TACH, INC. SAV-MART PHARMACEUTICALS SD CNTY CITY CLERK'S ASSO SDCFCA - ADM IN SECTION SDG&E SHORT, CRAIG SILVA SMART & FINAL SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIF. RADAR/LASER STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE STRASEN SWEETWATER AUTHORITY SYSCO SAN DIEGO U S BANK SERVICE CENTER UNION -TRIBUNE PUB. CO. URIAS V & V MANUFACTURING WADE & ASSOCIATES ZIETLOW, DAVID SECTION 8 HAPS PAYMENTS ZlIc pORAT7%D WARRANT REGISTER # 17 10/26/2010 DESCRIPTION SERVICE PERIOD 10-10-4 RETIREE HEALTH BENEFITS NOV'10 8TH ST SAFETY ENHANCEMENTS RETIREE HEALTH BENEFITS NOV'10 RETIREE HEALTH BENEFITS NOV'10 WHEEL ALIGNMENT -CITY VEHICLES CONCRETE SAW CUTTING SPEEDOMETER CALIBRATIONS MOR3. X10 MORPHINE 10MG/ML 2010-2011 ANNUAL MEMBERSHIP MEMBERSHIP WASTEWATER GAS & ELECTRIC RETIREE HEALTH BENEFITS NOV'10 REIMBURSEMENT - NC TROPHY MOP# 45756. SUPPLIES CSD WINDOW REPLACEMENT REPLACE LIDAR OPTICAL UNIT AUTOMATIC DOOR REPAIRS MOP# 45704. OFFICE SUPPLIES/POLICE RETIREE HEALTH BENEFITS NOV'10 FACILITIES WATER BILL CONSUMABLES FOR NUTRITION CENTER CREDIT CARD EXPENSES / POLICE PUBLICATION OF PLANNING COMMISSION RETIREE HEALTH BENEFITS NOV'10 EMPLOYEE RECOGNITION PINS PROVIDE ON CALL PROFESSIONAL RETIREE HEALTH BENEFITS NOV'10 Start Date End Date 10/20/2010 10/26/2010 CHK NO DATE AMOUNT 238890 10/26/10 266,161.67 238891 10/26/10 190.00 238892 10/26/10 11,466.35 238893 10/26/10 120.00 238894 10/26/10 310.00 238895 10/26/10 36.00 238896 10/26/10 2,160.00 238897 10/26/10 84.00 238898 10/26/10 33.92 238899 10/26/10 30.00 238900 10/26/10 30.00 238901 10/26/10 149.96 238902 10/26/10 300.00 238903 10/26/10 109.97 238904 10/26/10 232.83 238905 10/26/10 715.45 238906 10/26/10 1,119.45 238907 10/26/10 187.0( 238908 10/26/10 1,477.67 238909 10/26/10 135.00 238910 10/26/10 37,026.04 238911 10/26/10 1,684.24 238912 10/26/10 90.00 238913 10/26/10 1,108.80 238914 10/26/10 125.00 238915 10/26/10 1,744.81 238916 10/26/10 2,556.63 238917 10/26/10 150.00 A/P Total 1,909,791.10 9,526.56 GRAND TOTAL $ 1,919,317.66 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23rd, 2010 AGENDA ITEM NO. 117 "EM TITLE: Warrant Register #18 for the period of 10/27/10 through 11/02/10 in the amount of $2,158,382.41 PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: 04, 0,46. EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/27/10 through 11/02/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net 238966 $63,513.02 Health Ins H0067A Nov 2010 Kaiser Foundation 238973 $132,305.25 Ins Active Nov 2010 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: cA4, 4 A Finance APPROVED MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,158,382.41 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #18 .Lroor. INCOrtrcin erulT Warrant Register #18 11/2/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 253 RECREATIONAL ACTIVITIES 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 346 PROP 1 B FUND 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSI 731 CONSTRUCTION AND DEMOLITION DEBRIS 954,672.14 24,082.16 18,791.04 4,751,00 57,802.92 4,482.56 196.21 579.14 34,380.50 11,047.86 452.20 1,468.94 0.00 761.46 1,170.78 76,544.76 42,198.77 298.28 5,801.93 23,627.81 4,265.99 245.26 1,039.98 681,192.80 1,934.57 34.00 87,233.16 3,718.58 49,756.84 573.70 4,849.75 17,555.58 1,461.80 16,333.80 17,675.84 6,685.60 183.00 531.70 2,158,382.41 F000FA -+ 1/3 PAYEE BOARD OF EQUALIZATION GEOSYNTEC CONSULTANTS SAN DIEGO COUNTY RECORDER SAN DIEGO TROLLEY INC SDG&E TIERRA WEST ADVISORS INC U S BANK SERVICE CENTER ADVANCED INFRASTRUCTURE AWARDS BY NAVAJO AZTEC APPLIANCE BISHOP BOOT WORLD BOYS & GIRLS CLUBS & GREATER S BRADY BRENNTAG PACIFIC INC BROWN MARKETING STRATEGIES BURKE WILLIAMS & SORENSEN LLP CAPF CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CARDOZO CEB CHAPMAN CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT CITY OF NATIONAL CITY COMMERCIAL AQUATICS SERVICES COOPER'S PLUMBING & HEATING COUNTY CLERK COUNTY OF S D COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D-MAX ENGINEERING D3 EQUIPMENT DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS (20) DELTA DENTAL PLAN OF CA DEPT OF GENERAL SERVICES DION INTERNATIONAL TRUCK INC. DREW FORD FERGUSON ENTERPRISES INC GELSKEY GIBSON GRAINGER GRANICUS INC GREEN MECHANICAL CONTRACTORS HAMILTON GRAY INVESTIGATIONS Nik Ctry INCORPORATED WARRANT REGISTER # 18 11/2/2010 DESCRIPTION SALES TAX LIABILITY / JULY - SEPT 2010 ENVIRONMENTAL CONSULTING SVCS RECONVEYANCE LOANS/CDC-1994-28 FLAGGING SERVICES 6/23/10 GAS AND ELECTRIC UTILITIES / CDC AGREEMENT / TIERRA WEST ADVISORS CREDIT CARD EXPENSES/ REDEV RST PUSH CAMERA REPAIR MEMORIAL FLAG DISPLAY CASES APPLIANCE PURCHASE RETIREE HEALTH BENEFITS NOV'10 MOP 64096 WEARING APPAREL EXPANSION SITE FEASIBILITY STUDY REFUND - VIOLATION DISMISSED POOL CHEMICAL EVENT INS / BAYFRONT CONCERT FFA GRIEVANCE 2010 FIRE/LTD NOV 2010 MOP 45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL 10-1 &1I PD/LTD NOV 2010 REFUND OF CONSTRUCTION & DEBRIS CA CONDEMNATION PRACTICE REFUND - DUPLICATE PAYMENT CHILD ABUSE EXAMS MONTHLY SHREDDING / POLICE PETTY CASH P/E SEP 30, 2010 POOL MATERIALS PLUMBING SERVICES, REPAIRS ENVIRONMENTAL FILING CHARGE SHARE OF PARKING CIT REV SEP'10 OBSERVER SAFETY CLOTHING/POLICE NPDES SERVICES SEPTEMBER REPAIR RELIEF VALVE ON V# 108 TIRES FOR CITY FLEET RADIO MAINT SERVICE CONTRACT / PD DENTAL INS NOV 2010 DGS PROCUREMENT SERVICE LOCK FOR V# 364 MOP 49078 AUTO PARTS MOP 45723 SEWER MATERIALS RETIREE HEALTH BENEFITS NOV'10 REFUND - VIOLATION DISMISSED MOP 65179 ELECTRICAL MATERIAL GRANICUS WEBCAST/LIVECAST MNGD HVAC REPAIRS RESEARCH & INVESTIGATION CHK NO DATE AMOUNT 238918 10/28/10 3,459.00 238919 11/2/10 1,423.25 238920 11/2/10 34.00 238921 11/2/10 160.30 238922 11/2/10 191.54 238923 11/2/10 9,995.00 238924 11/2/10 299.33 238925 11/2/10 758.03 238926 11/2/10 424.47 238927 11/2/10 453.49 238928 11/2/10 110.00 238929 11/2/10 250.00 238930 11/2/10 6,369.00 238931 11/2/10 50.00 238932 11/2/10 933.69 238933 11/2/10 422.29 238934 11/2/10 3,610.00 238935 11/2/10 576.1 238936 11/2/10 494.1.. 238937 11/2/10 864.00 238938 11/2/10 1,579.50 238939 11/2/10 531.70 238940 11/2/10 159.59 238941 11/2/10 70.00 238942 .11/2/10 1,643.00 238943 11/2/10 72.95 238944 11/2/10 336.53 238945 11/2/10 334.30 238946 11/2/10 280.00 238947 11/2/10 50.00 238948 11/2/10 15,422.94 238949 11/2/10 48.00 238950 11/2/10 30,904.30 238951 11/2/10 150.02 238952 11/2/10 516.10 238953 11/2/10 4,650.00 238954 11/2/10 12,742.06 238955 11/2/10 131.18 238956 11/2/10 213.83 238957 11/2/10 182.91 238958 11/2/10 404.23 238959 11/2/10 115.0r 238960 11/2/10 130. 238961 11/2/10 666.82 238962 11/2/10 1,477.35 238963 11/2/10 4,586.00 238964 11/2/10 175.00 2/3 PAYEE HD SUPPLY PLUMBING HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INDEPENDENT FORENSIC SERVICES JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS KING MARCO'S CANOPIES, INC. MASON'S SAW & MEALS ON WHEELS GREATER MEDINA METRO FIRE & SAFETY MOBILE SATELLITE TECHNOLOGIES "IPA AUTO PARTS JIONAL CITY AUTO TRIM NATIONAL CITY AUTO TRIM ONE STOP PARTS SOURCE ORIENTAL TRADING, CO., INC. PACIFIC AUTO REPAIR PARTY PRODUCTIONS RENTALS PBS&J PERISCOPE HOLDINGS, INC. PERRY FORD PERVO PAINT CO POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PARTNERS INC PRUDENTIAL OVERALL SUPPLY R.J. SAFETY SUPPLY RELIANCE STANDARD RPM WELDING INC RUSS' BEE REMOVAL SAN DIEGO BMW MOTORCYCLES SAN DIEGO SPEEDO TACH, INC. SDG&E SKS INC. SO -CAL ENTERPRISES SOUTH BAY COMMUNITY SERVICES 'APLES ADVANTAGE RULLI TIRE SAN DIEGO INC THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THE SOHAGI LAW GROUP PLC TRITECH SOFTWARE SYSTEMS NA {trir C INCORPOiiA' D -J WARRANT REGISTER # 18 11/2/2010 DESCRIPTION PLUMBING MATERIALS HEALTH INS H0067A NOV 2010 HEALTH INS NOV 2010 57135J HEALTH -FULL NETWORK 57135A HEALTH NET - 57t35F NOV 2010 HEALTH NET - H0067F NOV 2010 SART EXAMS #1005195/1005498/1005660 ALARM MONITORING KAISER INS ACTIVE NOV 2010 REFUND - SUBMITTED TO DMV POLES, FITTINGS MOP 45729 MATERIALS & SUPPLIES MEALS -ON -WHEELS NAT CITY CDBG RETIREE HEALTH BENEFITS NOV'10 EXTINGUISHER CERTIFICATION SATELLITE SVCS / COMMAND VEHICLE MOP 45735 AUTO PARTS MOP 72441 R&M FIRE EQUIPMENT R&M CITY VEHICLES CN FRONT ROTORS BLA BL61072 REC SUPPLIES SMOG CERTIFICATION & REPAIRS RENTAL EQUIP / BAYFRONT CONCERT WASTEWATER CONSULTANT SVCS COMMODITY CODE ANNUAL LICENSE MOP 45703 AUTO PARTS MOP 63846 TRAFFIC CONTROL SUPPLIES MOP 67839 AUTO PARTS MOP 45707 SMALL TOOLS CITYWIDE TRAFFIC SIGNAL 8-30 TO 9-23-10 MOP 45742 LAUNDRY SERVICE RAYGEAR 3/4 FACE X-SHIELD SMOKE VTL NOV 2010 MOP 45749 R&M BUILDINGS BEE REMOVAL R&M CITY VEHICLES ELECTRONIC SPEEDOMETER REPAIR FACILITIES GAS & ELECTRIC 15W40 BULK OIL 9" X 1/2 STAR EDGER BLADE NCPD SUPPORT SVCS CDBG PROJECT COPY PAPER / WAREHOUSE STOCK MOP 47940 TIRES MOP 45726 AUTO PARTS LIFE & AD&D STD LTD NOV 2010 LEGAL SERVICES AGREEMENT TRITECH STRATUS FT4300 SUPPORT CHK NO DATE AMOUNT 238965 11/2/10 3,626.61 238966 11/2/10 63,513.02 238967 11/2/10 1,192.62 238968 11/2/10 6,177.85 238969 11/2/10 3,573.74 238970 11/2/10 1,919.24 238971 11/2/10 3,718.00 238972 11/2/10 900.00 238973 11/2/10 132,305.25 238974 11/2/10 50.00 238975 11/2/10 290.36 238976 11/2/10 285.34 238977 11/2/10 2,500.00 238978 11/2/10 105.00 238979 11/2/10 1,049.26 238980 11/2/10 1,079.88 238981 11/2/10 474.62 238982 11/2/10 307.30 238983 11/2/10 296.33 238984 11/2/10 452.17 238985 11/2/10 298.28 238986 11/2/10 1,116.25 238987 11/2/10 1,314.31 238988 11/2/10 5,749.25 238989 11/2/10 150.00 238990 11/2/10 103.58 238991 11/2/10 666.02 238992 11/2/10 229.16 238993 11/2/10 1,708.38 238994 11/2/10 11,529.00 238995 11/2/10 264.20 238996 11/2/10 115.28 238997 11/2/10 2,303.43 238998 11/2/10 214.00 238999 11/2/10 275,00 239000 11/2/10 771.25 239001 11/2/10 179.00 239002 11/2/10 16,676.89 239003 11/2/10 1,646.38 239004 11/2/10 207.81 239005 11/2/10 6,633.00 239006 11/2/10 2,818.38 239007 11/2/10 332.50 239008 11/2/10 82.43 239009 11/2/10 8,900.19 239010 11/2/10 34,380.50 239011 11/2/10 11,436.00 PAYEE TRIVIZ U S HEALTHWORKS V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VISTA PAINT WADE & ASSOCIATES WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 21 10/5/2010 INCORPORATE• WARRANT REGISTER # 18 11/2/2010 DESCRIPTION RETIREE HEALTH BENEFITS NOV'10 MEDICAL SERVICES PLAIN BOOK SYTLE ID CASES MOP 46453 PLUMBING MATERIAL EMERGENCY ANIMAL CARE FOR STRAY FOR K9 VET CARE MOP 68834 TRAFFIC CONTROL SUPPLIES STREETSCAPE INSPECTIONS MISC JANITORIAL SUPPLIES MOP 63850 AUTO PARTS Start Date End Date 10/27/2010 11/2/2010 End Date Check Date 10/18/2010 10/27/2010 3/3 CHK NO DATE AMOUNT 239012 11/2/10 135.00 239013 11/2/10 55.00 239014 11/2/10 271.46 239015 11/2/10 169.61 239016 11/2/10 160.00 239017 11/2/10 572.35 239018 11/2/10 886.52 239019 11/2/10 14,430.50 239020 11/2/10 2,334.14 239021 11/2/10 104.14 A/P Total 461,488.58 660,695.44 1,036,198. GRAND TOTAL $ 2,158,382.41 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 18 EM TITLE: Public Hearing — Modification of a previously approve Tentative Subdivision Map for the Centro/ Revolution 2 Condominiums located at 41 East 12th Street. (Applicant Andrew Zlotnik) (Case File 2010-32 M (S-2006-5) PREPARED BY: Martin'Reeder DEPARTMENT: Dev nt vcs/Planning. PHONE: 336-4313 APPROVED EXPLANATION: The applicant is requesting to modify and/or remove five Conditions of Approval related to public improvements for the project. With the Centro building finished and the Revolution 2 building yet to be built, the applicant is looking to bond for or defer conditions that pertain to both buildings. If approved, the modifications would allow for occupancy of Centro once the final map is approved. Approval of the map is expected to be obtained soon. Specifics on the Conditions of Approval to be amended can be found in the attached Planning Commission staff report dated November 1, 2010. The Planning Commission conducted a public hearing on November 1, 2010, where Commissioners asked questions about Conditions of Approval. The Commission voted to approve the Tentative Subdivision Map modification based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: An Addendum, .prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 29-2010 1 1 1 1 1 CG-PD 1 1040 MLR 1 1 1112 1146 1 200 CM PAI8 ' T!O IeuoReN 1001 r 1011 1015 1017 1031 East Plaza Blvd 1016 1028 1040 East 11th St 1105 1121 1123 1145 East 12th St - 1 RS-3-PD City Hall IC -OS Kimball Park Subject Parcel — Zone Boundary DSP Boundary I I 1 I Feet 0 95 190 380 APN: 556-554-16: & 17 Planning Commission Location Map 2010-32 M (S-2006-5) to t.a tn. Title: Item no. 2 November 1, 2010 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE CENTRO /- REVOLUTION 2 CONDOMINIUMS LOCATED AT 41 EAST 12TH STREET. Case File No.: 2010-32 M (S-2006-5) Location: North side of East 12th Street, east of National City Blvd. Assessor's Parcel No.: 556-554-16 & 17 Staff report by: Martin Reeder Applicant: Andrew Zlotnik Property owner: East West Bank and Constellation Property Group Combined General Plan/ Downtown Specific Plan Development Zone 5B / IC - OS Zoning designation: Parcel size: 1.99 acres Adjacent land use/zoning: North: Residential use / CG East: Masonic Lodge / IC -OS South: City Hall / MLK Community Center / IC -OS West: Abandoned office building / CG Environmental review: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 2 BACKGROUND Site Characteristics The project site is on the north side of East 12th Street, east of National City Blvd., within the Downtown Specific Plan area Development Zone 5B. The site was approved for the existing 61-unit Centro project and the 247-unit Revolution 2 project yet to be constructed. Centro and the property upon which it is built are owned by Constellation Property Group, the original developer. The Revolution 2 property, which is currently in escrow, is owned by East West Bank. Proposed Use The applicant is requesting to modify and/or remove five Conditions of Approval related to public improvements for the project. With the Centro building finished and the Revolution 2 building yet to be built, the applicant is looking to bond for or defer conditions that pertain to both buildings. If approved, the modifications would allow for occupancy of Centro once the final map is approved. Approval of the map is expected to be obtained soon. Specifically, the applicant is requesting the amendment of the following five conditions: 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. Applicant is requesting the ability to bond for improvements upon completion and occupancy of Revolution 2. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. b. NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. - Applicant is requesting that this condition be removed as National City Transit no longer exists. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. - Applicant is requesting that this condition be removed as the Morgan Square Business Improvement District is no longer active. 3 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. - Applicant is requesting that this condition be removed as a landscape maintenance district was never formed. 20_ Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. - Applicant is requesting that this condition be removed as a parking district was never formed. Analysis The intent of all Conditions of Approval is to ensure that a project is respectful of its surroundings and minimizes any impacts to neighboring uses. With projects proposed within the Downtown Specific Plan, this is no different. Although none of the requested changes would exacerbate effects on the area, the conditions were intended so that the project functioned and interacted with the myriad other downtown projects initially projected during the condo boom of the mid to late 2000's. Staff analysis of the proposed changes is as follows: Condition No. 7 (Public Art) - seeing as Revolution 2 has not begun construction, it makes little sense to install public art that may be displaced or damaged when construction ensues. Therefore, it makes sense that the requirement be bonded for so that it can be installed once the entire project is complete. Condition No. 15 b (Evaluation of shuttle service) - This condition was implemented when the City's transit service was provided by National City Transit. In subsequent conversations, the Metropolitan Transit System (NCTs replacement) has indicated that they would be amenable to whatever the City wanted to do in this regard, provided funding was provided. This condition contains no language specifically requiring action by an individual applicant, but rather a collective study of whether there would be need for a local shuttle service between major population centers (individual downtown projects). In the event that multiple large condo towers with a thousand plus residents are constructed and occupied, a shuttle service would be beneficial and needed. However, with no major projects constructed and Centro only having 61 units, any meaningful analysis on need for shuttle service would be impossible. Therefore, staff concurs that this Condition of Approval should be deleted. The original condition 15 b has been deleted and replaced with what was condition 15 c. Condition No. 18 (Business Improvement District) - The Morgan Square Business District was formed as an assessment district for businesses and buildings located within the Morgan Square area of the Downtown Specific Plan. Due to the dearth of 4 active or completed projects, the District is not currently taking any additional assessments but rather concentrating on its existing responsibilities. However, it is expected that when the downtown area is more active, and more projects are built and occupied, the District will expand its activities and increase its assessments. Therefore, the language has been modified to require annexation to the Morgan Square Business District once they begin adding more properties, allowing for assessment at that time. Condition Nos. 19 and 20 (Landscape Maintenance and Parking Districts) — These conditions, although not currently needed because of the aforementioned lack of projects, are still considered to be pertinent. The intent of the conditions were to ensure that the collective downtown area be adequately maintained and accessible for both residents and visitors. Given the intent of the conditions and the eventual hope that downtown projects are ultimately constructed, staff is of the opinion that the conditions are still appropriate. Therefore, the language has been modified to require annexation to the landscape maintenance and parking districts when they are formed, allowing for assessment at that time. The applicant has been continually involved with discussions regarding these proposed changes and has agreed to the modified conditions. At the suggestion of staff, the applicant will include language in the CC&Rs for the future Centro and Revolution 2 Home Owners Associations mentioning the potential annexations and possible future assessments. With the exception of Conditions of Approval modified or deleted as discussed above, all original Conditions of Approval are still in effect and are included in the attached conditions for reference. Summary In an effort to expedite occupancy of Centro and the sale of the Revolution 2 property, the applicant has requested amendment of the original conditions. With staff input, the proposed changes still meet the intent of the original approval. Additionally, granting of the modifications will allow for the occupancy of a finished building that has lain vacant for some time. Furthermore, expediting the sale of the adjacent property will increase the chances that the Revolution 2 project will be built in the not too distant future. 5 RECOMMENDATION Approve 2010-32 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2_ Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 28 property owners) 5. Applicant's request 6. City Council Resolution 2006-112 MARTIN REEDER Assistant Planner Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2010-32 S (S-2006-5) Centro The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 8 RECOMMENDED CONDITIONS OF APPROVAL 2010-32 S (S-2006-5) Centro 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-5), dated January 20, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Reviews DSP-2005-1 and DSP-2005-5. 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shalt submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7 Public Art Program. The developer shall bond for an approved public art program. The approved public art program shall be installed, constructed, or implemented prior to occupancy of the Revolution 2 condominium project or any other development project ultimately located upon the property adjacent (currently APN 556-554-17) to the Centro development. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 15, 2006. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm - water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 10 g) j) A sewer permit will be required. A City is currently preparing a sewer study that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right- of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. o) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. p) 11 q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The Final Map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated September 13, 2005 and March 16, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall upgrade the sewer line serving the project area to 12- inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. d) The developer shall install streetlights along the public plaza, alley, and 12th Street frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memoranda dated October 4, 2005 and March 21, 2006. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Smoke control system will be required. e) Class I standpipe system will be required. f) Minimum fire flow requirement will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. g) Fire Department central control station will be required. 12 h) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard & 12th Street with a larger shelter (or two smaller sizes) and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. b) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench if warranted. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 13 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the Morgan Square Business Improvement District shall be required at the time that the District begins accepting additional assessments. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the landscape maintenance district shall be required at the time the district is formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the parking district shall be required at the time the district is formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code §17.04.070. 14 RESOLUTION NO. 29-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE CENTRO / REVOLUTION 2 CONDOMINIUMS LOCATED AT 41 EAST 12TH STREET. APPLICANT: ANDREW ZLOTNIK. CASE FILE NO. 2010-32 M (S-2006-5) APN: 556-554-16 & 17 WHEREAS, application was made for approval of a modification of a previously approved Tentative Subdivision Map for the Centro / Revolution 2 Condominiums located at 41 East 12th Street and generally described as: Parcels 1 & 2 of Parcel Map No. 10377, filed in the office of the county recorder of san diego county on august 27, 1980, as file no. 275023, official records, in the city of national city, county of san diego, state of california WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on November 1, 2010, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2010-32 S (S-2006-5), which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 1, 2010, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 2010-32 S (S-2006-5) Centro The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 15 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan_ 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10_ The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said modification of a 16 previously approved Tentative Subdivision Map for the Centro / Revolution 2 Condominiums located at 41 East 12th Street, subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-5), dated January 20, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Reviews DSP-2005-1 and DSP-2005-5. 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7 Public Art Program. The developer shall bond for an approved public art program. The approved public art program shall be installed, constructed, or implemented prior to occupancy of the Revolution 2 condominium project or any other development project ultimately located upon the property adjacent (currently APN 556-554-17) to the Centro development. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 15, 2006. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing 17 storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm - water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. A City is currently preparing a sewer study that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be g) 18 j) shown on the grading/drainage plan. Any new sewer lateral in the City right- of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced_ A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. o) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The Final Map shall be recorded prior to issuance of any building permit. p) q) 19 s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated September 13, 2005 and March 16, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall upgrade the sewer line serving the project area to 12- inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. d) The developer shall install streetlights along the public plaza, alley, and 12`h Street frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memoranda dated October 4, 2005 and March 21, 2006. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Smoke control system will be required. e) Class I standpipe system will be required. f) Minimum fire flow requirement will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. g) Fire Department central control station will be required. h) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing 20 Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, induding the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard & 12th Street with a larger shelter (or two smaller sizes) and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. b) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench if warranted. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17_ Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shalt be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the Morgan Square Business Improvement District shall be required at the time that the District begins accepting additional assessments. 21 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the landscape maintenance district shall be required at the time the district is formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the parking district shall be required at the time the district is formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code §17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 1, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores. NAYS: ABSENT: ABSTAIN: C IRMAN 22 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 19 EM TITLE: Public Hearing - Adopting the 2010 California Building Code, California Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and 1 of said Code, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.08 of the National City Municipal Code, pertaining to the California Building Code. PREPARED BY: Lui PHONE: 4214 EXPLANATION: See attached Official DEPARTMENT: Developme Divisio APPROVED BY: Building • FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: planation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 20 EM TITLE: Public Hearing - Adopting the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, and amending Chapter 15.75 of the National City Municipal Code pertaining to the California Energy Code. PREPARED BY: Lui PHONE: 4214 EXPLANATION: See attached ng Official DEPARTMENT: Developmen a -Building Divis'• APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: danation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO, 21 FEW' TITLE: Public Hearing - Adopting the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4 and adopting Appendix Chapters 1, A, B, C and D of said Code, and the 2009 Uniform Mechanical Code, and amending Chapter 15.14 of the National City Municipal Code pertaining to the California Mechanical Code. PREPARED BY: L PHONE: 42 EXPLANATION: See attached ding Official DEPARTMENT: Develo Di APPROVED uilding FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: planation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new mater als and devices to keep current with changes in the industry. Solar photovsltaic installations are increasing in size and installation requirements ha e been clarified. Arch -fault protection has been expanded to include more ircuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform ',wimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major chang • is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requi ing that with any permit requested from the Building Division for any type of wor where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code nd provides prescriptive requirements for one- and two-family dwellings and to nhouses three stories or less above grade. Only the structural and fire and ife safety provision of the International Residential Code are incorporated int• this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional co struction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO, 22 EM TITLE: Public Hearing - Adopting the 2010 California Plumbing Code, Table 2902.1 of the 2010 California Building Code and Chapter 1, Division II of the 2010 California Plumbing Code, California Code of Regulations, Title 24, Part 5, and the Uniform Plumbing Code, and amending, adding, and deleting certain sections of these Codes, and amending Chapter 15.20 of the National City Municipal Code pertaining to the Californ': ' .'•g Code. PREPARED BY: PHONE: 421 EXPLANATION: See attached Lu' g Official DEPARTMENT: Deveiopm-n-rvi_ -Building Divi ' APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lanation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or Tess above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 23 EM TITLE: Public Hearing - Adopting the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, Annex H of said Code, and the 2009 National Electrical Code as amended establishing requirements, rules and standards for electrical installations and materials within the City and amending Chapter 15.24 of the National City Municipal Code pertaining to the California Electrical Code. PREPARED BY: Lg Official DEPARTMENT: Developmen Sun( Building Divisi PHONE: 421APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: danation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or Tess above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA -COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 24 EM TITLE: Public Hearing - Adopting the 2010 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 and amending the National City Municipal Code by adding Chapter 15.78 pertaining to the California Green Building Standards Code. PREPARED BY: L PHONE: 421 EXPLANATI See attached ilding Official DEPARTMENT: Developm Div" APPROVED BY: uilding • FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 25 EM TITLE: Public Hearing - Adopting Appendix J of the 2010 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. PREPARED BY: PHONE: X4583 EXPLANATION: See attached Barby Tipton DEPARTMENT: Development S ices -Engineering Divi ' APPROVED BY:. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction, it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. Appendix J of the 2010 California Building Standards Code pertains to grading and was updated with minor changes; A soils report is now referred to as a geotechnical report and a section was added that states that where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. The following changes to the Ordinance are proposed: 15.70.005 Adoption of Appendix J of the 2010 California Building Code — AMENDED Title. 15.70.015 Appendix J of the 2010 California Building Code, Section J101 General, Subsection 1 Scope —AMENDED title 15.70.020 Appendix J of the 2010 California Building Code, Section J102 Definitions —AMENDED as follows: BUILDING CODE OFFICIAL - Means the City Engineer or Designee. 15.70.030 Appendix J of the 2010 California Building Code, Section J103 Permits Required, Subsection 2.1 Exemptions —AMENDED title 15.70.035 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.2—AMENDED title. 15.70.040 Appendix J of the 2010 California Building Code Exemptions, Section J1032.5—AMENDED title. 15.70.045 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.6—AMENDED title. 15.70.050 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.8—AMENDED title. 15.70.055 Appendix J of the 2010 California Building Code Exemptions, Section J1032.9—AMENDED title. 15.70.060 Appendix J of the 2010 California Building Code, Section J104.5 Engineered Grading Requirements —AMENDED title. 15.70.065 Appendix J of the 2010 California Building Code, Section J104.6 Regular Grading and Retaining Wall Construction Requirements —AMENDED title. 15.70.070 Appendix J of the 2010 California Building Code, Section J104.7 Licenses and Insurance —AMENDED title. 15.70.075 Appendix J of the 2010 California Building Code, Section J104.8 Conditions —AMENDED title. 15.70.080 Appendix J of the 2010 California Building Code, Section J105.3 Inspections —AMENDED title. 15.70.085 Appendix J of the 2010 California Building Code, Section J106.1(2) Exceptions —DELETED 15.70.090 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 1 General —Delete 15.70.095 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 2 Surface Preparation —AMENDED title. 15.70.146 Work commencing prior to permit issuance — ADDED CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 26 EM TITLE: Public Hearing - Adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code, and amending Chapter 15.22 of the National City Municipal Code, pertaining to Uniform Swimming Pool, Spa and Hot Tub Code. PREPARED BY: L PHONE: 4214 EXPLANATI See attached ding Official DEPARTMENT: Develo. i - ' Se Building Di APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: >lanation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for !ow emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 27 EM TITLE: Public Hearing - Adopting the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and adding Chapter 15.79 pertaining to the California Residential Code. PREPARED BY: Lui PHONE: 4214 EXPLANATI See attached ing Official DEPARTMENT: Developme erv' es -Building Divisio APPROVED BY: • FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: planation Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Energy Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Mechanical Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an anti - entrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or Tess above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provided, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 28 'EM TITLE: Public hearing, adopting the 2010 California Fire Code of the California Code of Regulations, Title 24, and appendices thereto and the National Fire Protection Association Standards, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.28 of the National City Municipal Code (Fire) PREPARED BY: Robert Hernandez DEPARTMENT: PHONE: X4550 APPROVED BY: EXPLANATION: State law requires that the City of National City adopt the California Fire Code, 2010 Edition subsequently these codes are being submitted for adoption. Technical amendments made to those codes needed due to topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. The following ordinance addresses one of the most significant changes: All new residential units constructed in the State of California will require an approved and installed sprinkler system per the California Fire Code 2010 Edition Chapter 9. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold Hearing BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lff Report CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: October 28, 2010 TO: Mayor and City Council FROM: Robert Hernandez, Fire Marshal SUBJECT: Recommendations for Adoption of the 2010 California Fire Code and Amendment to Tiles 15 of the National City Municipal Code This report is intended to provide the Mayor and City Council with a brief over -view of significant technical changes to the 201.0 California Fire Code. A copy of the 2010 California Fire Code is on file at the Fire Department. State law requires that the City of National City adopt the same model codes as the State of California and limit technical amendments to those necessitated due to local topographical,' geographical, or climatic conditions. Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the code be adopted with minimal revisions. California Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few highlights of changes which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, to coordinate with the requirements of the newly published Residential Code which adds fire sprinklers to residential construction. Additional sections have been revised to stay current with changes is technology. A new Chapter 45 has been added specifying fire protection requirements for marinas. The chapter includes general precautions and fire protection equipment provisions. A new Chapter 46 has been added to cover constructions requirements for existing buildings. This Chapter clarifies the requirements for existing building that were built prior to the adoption of this code. Other revisions to the 2010 California Fire Code include numerous small changes to help clarify the code and revisions to keep the code up to date with current technology in construction. The following information is a summary of some of the highlights which can be found in the new 2010 edition of the California Fire Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 29 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Building Code, California Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.08 of the National City Municipal Code, pertaining to the California Building Code. PREPARED BY: L PHONE: 421 EXPLANAT N: ilding Official DEPARTMENT: Developm ;+• ' e :uilding • APPROVED BY: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: finance ORDINANCE NO. 2010 — 2349 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA BUILDING CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, VOLUMES I AND II, AND APPENDICES C, G, H AND I OF SAID CODE, AMENDING CERTAIN SECTIONS, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA BUILDING CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Building Code, California Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2010 California Building Code and Chapter 1 of said Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. thereby amending Chapter 15.08 of the National City Municipal Code to read as follows: Sections: 15.08.010 15.08.015 15.08.020 15.08.025 15.08.030 15.08.035 15.08.040 15.08.045 15.08.050 15.08.055 15.08.056 CHAPTER 15.08 CALIFORNIA BUILDING CODE California Building Code —Adopted. Chapter 1, Administration —Deleted. Chapter 2, Definitions —Added. Chapter 1, DIVISION II, Section 1 04.6 Right of entry —Amended. Chapter 1, DIVISION II, Section 1 05.2 Work exempt from permit Amended. Chapter 1, DIVISION II, Section 1 05.3.2 Time limitation of application — Amended. Chapter 1, DIVISION II, Section 1 05.5 Expiration —Amended. Chapter 1, DIVISION II, Section 1 05.7 Placement of permit —Amended. Chapter 1, DIVISION II, Section 105.8 Permit denial —Added. Chapter 1, DIVISION II, Section 109.2 Schedule of permit fees — Amended. Plan Review Fees —Added. 15.08.060 Chapter 1, DIVISION II, Section 109.4 Work commencing before permit issuance —Amended. 15.08.062 Applications and extensions —Added. 15.08.065 Chapter 1, DIVISION II, Section 110.3.8.1 Reinspections—Added. 15.08.070 Chapter 1, DIVISION II, Section 111.3 Temporary occupancy —Amended. 15.08.075 Chapter 1, DIVISION II, Section 113.1 Board of Appeals —Amended. 15.08.080 Chapter 1, DIVISION II, Section 114 Violations —Amended. 15.08.085 Section 501.2 Address numbers —Amended. 15.08.090 Table 1505.1 Minimum roof covering classification —Amended. 15.08.092 Chapter 18, Division II, Section 1803 Geotechnical Investigations, Subsection 1803.1.1—Added. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.48 (4) - Construction requirements for building a pool or spa —Amended. 15.08.095 Section 3409.1.1 Historic buildings —Added. 15.08.100 Appendix Chapters C. G, H, and I —Adopted. 15.08.010 California Building Code —Adopted. The city council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, the 2010 California Building Code as published in the California Building Code Volumes I and I1, 2010 edition, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, and Appendices C, G, H, and I, save and except such portions as are deleted, added, or modified, of which copies of all the codes have been and are now filed in the office of the Building Official; and, the same are adopted and incorporated as fully set out at length in this Chapter, and the provisions thereof shall be controlling within the city limits. 15.08.015 Chapter 1, Administration —Deleted. 15.08.020 Chapter 2, Definitions —Added. The following definition is added to Section 202 to read as follows: Authority Having Jurisdiction. The "Authority Having Jurisdiction" means the Building Official of the City of National City- 15.08.025 Chapter 1, DIVISION II, Section 104.6 Right of entry —Amended. Section 104.6 of the 2010 California Building Code is amended to read s follows: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified on Chapter 1.12 of the National City Municipal Code. Ordinance No. 2010 — 2349 2 Building Code 15.08.030 Chapter 1, DIVISION II, Section 105.2 Work exempt from permit — Amended. Section 105.2 Building: Item 4 of the 2010 California Building Code is amended to read as follows: Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70. Section 105.2 Building of the 2010 California Building Code is amended by adding the following items: 14. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing. mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction. exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: 1) Painting and decorating including refinishing of exterior stucco finishes. 2) Installation of floor covering. 3) Cabinet work. 4) Outside paving on private property. not within the public right-of-way. 5) Replacement of existing windows with no structural modification of the existing window opening. 16. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 17. Painted wall signs and styrofoam or other foam mounted wall signs. 15.08.035 Chapter 1. DIVISION II. Section 105.3.2 Time limitation of application — Amended. Section 105.3.2 of the 2010 California Building Code is amended to read as follows: Section 105.3.2 Time limitation of plan check application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of firing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant a maximum of three extensions for an additional time of three months each, provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. Ordinance No. 2010 — 2349 3 Building Code 15.08.040 Chapter 1, DIVISION II, Section 105.5 Expiration —Amended. Section 105.5 of the 2010 California Building Code is amended to read as follows: Section 105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; Ordinance No. 2010 — 2349 4 Building Code D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum fife of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.08.045 Chapter 1, DIVISION II, Section 105.7 Placement of permit —Amended. Section 105.7 of the 2010 California Building Code is amended to read as follows: Section 105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.08.050 Chapter 1, DIVISION II, Section 105.8 Permit denial —Added. Section 105.8 of the 2010 California Building Code is added as follows: Section 105.8 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Chapter 1, DIVISION II, Section 109.2 Schedule of permit fees — Amended. Section 109.2 of the 2010 California Building Code is amended to read as follows: Ordinance No. 2010 — 2349 5 Building Code Section 109.2 Schedule of permit fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council . 15.08.056 Plan Review Fees —Added. Section 15.08.056 is added to read as follows: 15.08.056 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 15.08.060 Chapter 1, DIVISION II, Section 109.4 Work commencing before permit issuance —Amended. Section 109.4 of the 2010 California Building Code is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.08.062 Applications and extensions —Added. Application and Extensions An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. 15.08.065 Chapter 1, DIVISION II, Section 110.3.8.1 Reinspections—Added. Section 110.3.8.1 of the 2010 California Building Code is added to read as follows: Section 110.3.8.1 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. Ordinance No. 2010 — 2349 6 Building Code To obtain a re -inspection, the permittee shall file an application therefore in writing upon a form provided for that purpose and pay the re -inspection fee as specified in the Fee Schedule adopted by the City Of National City. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.08.070 Chapter 1, DIVISION II, Section 111.3 Temporary occupancy certificate — Amended. Section 111.3 of the 2010 California Building Code is amended to read as follows: Section 111.3 Temporary Occupancy Certificate. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments, the Authority Having Jurisdiction may prepare a written document granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of a written document granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Chapter 1, DIVISION II, Section 113.1 Board of Appeals —Amended. Section 113.1 of the 2010 California Building Code is amended to read as follows: Section 113.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.08 of the National City Municipal Code. 15.08.080 Chapter 1 DIVISION II, Section 114.1 Violations —Amended. Section 114.1 of the 2010 California Building Code is amended to read as follows: Section 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. Ordinance No. 2010 — 2349 7 Building Code 15.08.085 Section 501.2 Address numbers —Amended. Section 501.2 of the 2010 California Building Code is amended to read as follows: Section 501.2 Address numbers. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (1O2mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.08.090 Table 1505.1 Minimum roof covering classification —Amended. Table 1505.1 of the2010 California Building Code is amended to read as follows: Due to climatic and geographical conditions within the City of National City, Table 1505.1 is amended as follows: Table 1505.1 Minimum Roof Covering Classification for Types of Construction IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B 15.08.092 Chapter 18, Division II, Section 1803 Geotechnical Investigations, Subsection 1803.1.1—Added. Chapter 18, Division 11, Section 1803 Geotechnical Investigations, Subsection 1803.1.1.1.1 of the 2010 California Building Code is added to read as follows: Subsection 1803.1.1.1.1. A geotechnical investigation shall be submitted with each application for a building permit for a new building or addition 500 square feet and larger. The investigation and report shall comply with the requirements of Section 1803. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.48 (4) - Construction requirements for building a pool or spa —Amended. Section 3109.4.4.8 (4) of the 2010 California Building Code is added to read as follows: Section 3109.4.4.8 (4) Construction requirements for building a pool or spa. (4) Whenever any building permit is issued and there is an existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be updated so as to be equipped with an anti -entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). Ordinance No. 2010 — 2349 8 Building Code 15.08.095 , Section 3409.1.1 Historic buildings —Amended. Section 3409.1.1 of the 2010 California Building Code is added to read as follows: Section 3409.1.1 Historic Buildings. The repair, alteration, enlargement, maintenance and moving of historic buildings which are designated as historic pursuant to National City Municipal Code Chapter 18.139 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Code of Regulations) and shall be subject to the review of permit requirements of National City Municipal Code Chapter 18.139. 15.08.100 Appendix Chapters C. G. H and I —Adopted. Appendix Chapters C, G, H and I of the 2010 California Building Code are adopted. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 2349 9 Building Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 30 .. FM TITLE: An Ordinance of the City Council of the City of National City adopting the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, and amending Chapter 15.75 of the National City Municipal Code pertaining to the Califomia Energy Code. PREPARED BY: L '�' : ainz, Bui c ing Official PHONE: 4 EXPLANATION: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. DEPARTMENT: Developm • -Building Div APPROVED• FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: dinance ORDINANCE NO. 2010 — 2350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA ENERGY CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6, AND AMENDING CHAPTER 15.75 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA ENERGY CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, establishing regulations for the installation, maintenance and alteration of energy systems within the city. CHAPTER 15.75 CALIFORNIA ENERGY CODE 15.75.010 California Energy Code —Adopted. The City Council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the 2010 California Energy Code, Califomia Code of Regulations Title 24, Part 6. Except as otherwise provided by this Chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2010 California Energy Code. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 31 =M TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 Califomia Mechanical Code, California Code of Regulations, Title 24, Part 4 and adopting Appendix Chapters 1, A, B, C and D of said Code, and the 2009 Uniform Mechanical Code, and amending Chapter 15.14 of the National City Municipal Code pertaining to the California Mechanical Code. PREPARED BY: Lui PHONE: 4214 EXPLANATION: ing Official DEPARTMENT: Development Se -Building Divisio APPROVED BY: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: inance ORDINANCE NO. 2010 — 2351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA MECHANICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4, AND ADOPTING APPENDIX CHAPTERS 1, A, B, C AND D OF SAID CODE; AND THE 2009 UNIFORM MECHANICAL CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE CALIFORNIA MECHANICAL CODE The City Council of the City of National City does ordain as follows: Section 1 The City Council of the City of National City hereby adopts the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4, and Appendix Chapters, 1, A, B, C and D of said Code; and the 2009 Uniform Mechanical Code. Section 2 The City Council of the City of National City hereby amends and deletes certain sections of the 2010 California Mechanical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code, and amends Chapter 15.14 of the National City Municipal Code to read as follows: CHAPTER 15.14 CALIFORNIA MECHANICAL CODE Sections: 15.14.005 2010 California Mechanical Code —Adopted. 15.14.015 Chapter 1, Division II, Administration —Adopted and amended. 15.14.020 Chapter 1, Division II, Section 108.3 Right of entry —Amended. 15.14.025 Chapter 1, Division II, Section 110.0 Board of Appeals —Amended. 15.14.030 Chapter 1, Division II, Section 114.0 Violations —Amended. 15.14.033 Penalties —Added. 15.14.035 Chapter 1, Division II, Section 114.4—Expiration—Amended. 15.14.040 Chapter 1, Division II, Section 114.6 Permit denial —Added. 15.14.045 Chapter 1, Division II, Section 115.1 Fees general —Amended. 15.14.050 Chapter 1, Division II, Section 115.2 Permit fees —Amended. 15.14.055 Chapter 1, Division II, Section 115.3 Plan review fees, Paragraph 3— Amended. 15.14.060 Chapter 1, Division II, Section 115.4 Expiration of plan review —Amended. 15.14.065 Chapter 1, Division II, Section 116.6 Reinspection—Amended. 15.14.070 Chapter 1, Division II, Table 1-1 Mechanical permit fees —Deleted. 15.14.075 Appendix Chapter A, B, C and D—Adopted. 15.14.005 2010 California Mechanical Code —Adopted. The city council adopts and incorporates herein as the National City Mechanical Mode, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration system, incineration or other miscellaneous heat producing appliance, in or on any building or structure or outdoors on any premises or property, the 2010 California Mechanical Code, California code of Regulations Title 24, Part 4, except such portions as are deleted, added, or amended by this Chapter based on local climatic, topographic or geological conditions that justify deviating from said Code, of which a copy of both have been and are now on file in the office of the Building Official and the same are adopted and incorporated as if fully set out at length in this Chapter, shall be controlling within the city limits. 15.14.015 Chapter 1, Division II, Administration —Adopted and amended. Appendix Chapter 1, Division II, "Administration" is adopted subject to the additions, amendments and deletions provided in this Chapter. 15.14.020 Chapter 1, Division II, Section 108.3 Right of entry —Amended. Section 108.3 of the California Mechanical Code is amended to read as follows: 108.3 Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Chapter 1, Division II, Section 110.0 Board of Appeals —Amended. Section 110.0 of the California Mechanical Code is amended to read as follows: 110.0 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.14 of the National City Municipal Code. 15.14.030 Chapter 1, Division II, Section 111.0 Violations —Amended. Section 111.0 of the California Mechanical Code is amended to read as follows: 111.0 Violations. Violations of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.033 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor, and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.035 Chapter 1, Division II, Section 114.4 Expiration —Amended. Section 114.4 of the California Mechanical Code is amended to read as follows: 114.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not Ordinance No. 2010 — 2351 2 Mechanical Code commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect. a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (B) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time Ordinance No. 2010 — 2351 3 Mechanical Code for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.14.040 Chapter 1, Division II, Section 114.6 Permit denial -Added. Section 114.6 of the California Mechanical Code is added to read as follows: 114.6 Permit denial. The Authority having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.045 Chapter 1, Division II, Section 115.1 Fees qeneral-Amended. Section 115.1 of the California Mechanical Code is amended as follows: 115.1 General. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. 15.14.050 Chapter 1, Division II, Section 115.2 Permit fees -Amended. Section 115.2 of the California Mechanical Code is amended as follows: 115.2 Permit Fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. Ordinance No. 2010 — 2351 4 Mechanical Code 15.14.055 Chapter 1, Division II, Section 115.3 Plan review fees, Paragraph 3— Amended. Section 115.3, paragraph 3 of the California Mechanical Code is amended as follows: When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 15.14.060 Chapter 1, Division II, Section 115.4 Expiration of plan review —Amended. Section 115.4 of the California Mechanical Code is amended to read as follows: 115.4 Expiration of Plan Review. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.14.065 Chapter 1, Division 1I, Section 116.6 Reinspections—Amended. Section 116.6 of the California Mechanical Code is amended to read as follows: 116.6 Paragraph 3. Re -inspections. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.14.070 Chapter 1, Division II, Table 1-1 Mechanical permit fees —Deleted. Table 1-1, Mechanical Permit Fees is deleted. 15.14.075 Appendix Chapters A, B, C and D—Adopted. Appendix Chapters A, B, C and D of the California Mechanical Code are adopted. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Ordinance No. 2010 — 2351 5 Mechanical Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 32 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Plumbing Code, Table 2902.1 of the 2010 California Building Code and Chapter 1, Division II of the 2010 Califomia Plumbing Code, California Code of Regulations, Title 24, Part 5, and the Uniform Plumbing Code, and amending, adding, and deleting certain sections of these Codes, and amending Chapter 15.20 of the National Cit '•al Code pertaining to the California Plumbing Code. PREPARED BY: Lui alnz, Bulldl Official DEPARTMENT: DeveloBuilding Di i ' - PHONE: 4214 APPROVED BY: EXPLANATION: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: inance ORDINANCE NO. 2010 — 2352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING OF THE 2010 CALIFORNIA PLUMBING CODE, TABLE 2902.1 THE 2010 CALIFORNIA BUILDING CODE, AND CHAPTER 1, DIVISION II OF THE 2010 CALIFORNIA PLUMBING CODE, CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 5, AMENDING, ADDING, AND DELETING CERTAIN SECTIONS OF THESE CODES, AND AMENDING CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Plumbing Code, Chapter 1, Division II of said Code, and the Uniform Plumbing Code (2009 Edition), and Table 2902.1 of the 2010 California Building Code, establishing regulations for the installation, maintenance and alteration of plumbing systems within the city. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the Codes stated herein based on local climatic, topographic or geological conditions that justify deviating from said Code, and amends Chapter 15.20 of the National City Municipal Code to read as follows: Sections: 15.20.005 15.20.015 15.20.020 15.20.025 15.20.027 15.20.030 15.20.032 15.20.033 15.20.035 15.20.040 15.20.042 15.20.045 15.20.050 15.20.055 15.20.060 15.20.065 15.20.070 CHAPTER 15.20 CALIFORNIA PLUMBING CODE 2010 California Plumbing Code —Adopted. Chapter 1, Division II —Adopted and amended. Chapter 1, Division II, Section 102.2.2 Right of entry —Amended. Chapter 1, Division I1, Section 102.3.2 Penalties —Amended. Work commencing before permit issuance —Added. Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Expiration of Plans —Added. Applications and extensions —Added. Chapter 1, Division 11, Section 103.3.6 Permit denial —Added. Chapter 1, Division II, Section 103.4.1 Permit fees —Amended. Placement of Permit —Added. Chapter 1, Division II, Section 103.4.2 Plan review fees —Amended. Chapter 1, Division II, Section 103.5.6 Reinspections—Amended. Chapter 1, Division II, Section 103.9 Advisory and Appeals Board —Added. Chapter 1, Division II, Table 1-1 Plumbing permit fees —Deleted. Table No. 4.1 Minimum plumbing facilities —Deleted. Table 2902.1 Minimum number of required plumbing fixtures of the 2010 California Building Code —Adopted. 15.20.005 2010 California Plumbing Code —Adopted. The city council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment. in or on any building or structure or outdoors on any premises or property, the 2010 California Plumbing Code, California Code of Regulations Title 24, Part 5, and Table 2902.1 of the 2010 California Building Code, of which a copy of all codes have been and are now filed in the office of the Building Official and the same are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits. 15.20.015 Chapter 1, Division II —Adopted and Amended. Appendix Chapter 1, Division I1 of the 2010 California Plumbing Code is amended to read as follows: Chapter 1, Division II, ADMINISTRATION is adopted subject to the additions, amendments, and deletions contained in this Chapter. 15.20.020 Chapter 1, Division II, Section 102.2.2 Right of entry —Amended. Section 102.2.2 of the 2010 California Plumbing Code is amended to read as follows: 102.2.2 Right of Entrv. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.025 Chapter 1, Division II, Section 102.3.2 Penalties —Amended. Section 102.3.2 of the 2010 California Plumbing Code is amended to read as follows: 102.3.2 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.020.027 Work commencing before permit issuance —Added. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.20.030 Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Section 103.3.4 of the 2010 California Plumbing Code is amended to read as follows: 103.3.4. Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the Ordinance No. 2010 — 2352 2 Plumbing Code building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; Ordinance No. 2010 — 2352 3 Plumbing Code B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.020.032 Expiration of plan review —Added. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such, application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.20.033 Applications and extensions —Added. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. 15.20.035 Chapter 1, Division II, Section 103.3.6 Permit denial —Amended. Section 103.3.6 of the 2010 California Plumbing Code is amended to read as follows: 103.3.6 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. Ordinance No. 2010 — 2352 4 Plumbing Code 15.20.040 Chapter 1, Division II, Section 103.4.1 Permit fees —Amended. Section 103.4.4 Permit Fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council . 15.20.042 Placement of Permit -Added. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.20.045 Chanter 1, Division II, Section 103.4.2 Plan review fees —Amended. Section 103.4.2 of the 2010 California Plumbing Code is amended to read as follows: 103.4.2 Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the fee schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the fee schedule. 15.20.050 Chapter 1, Division II, Section 103.5.6 Reinspections—Amended. The fourth paragraph of Section 103.5.6 of the 2010 California Plumbing Code is amended to read as follows: Section 103.5.6 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council . In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.20.055 Chapter 1, Division II, Section 103.9 Advisory and Appeals Board —Added. Section 103.9 of the 2010 California Plumbing Code is added to read as follows: 103.9 Advisory and Appeals Board. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. 15.20.060 Chapter 1, Division II, Table 1-1 Plumbing permits fees —Deleted. Table 1- 1 of Chapter 1, Division II, entitled "Plumbing Permit Fees", is deleted. 15.20.065 Table 4.1 Minimum plumbing facilities —Deleted. Table 4-1 of Chapter 4, entitled "Minimum Plumbing Facilities", is deleted. Ordinance No. 2010 — 2352 5 Plumbing Code 15.20.070 Table 2902.1 Minimum number of required plumbing fixtures of the 2010 California Building Code —Adopted. Table 2902.1 of the 2010 California Building Code is hereby adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the Authority Having Jurisdiction. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 2010 California Building Code. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 2352 6 Plumbing Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 33 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, Annex H of said Code, and the 2009 National Electrical Code as amended establishing requirements, rules and standards for electrical installations and materials within the City and amending Chapter 15.24 of the National City Municipal Code Dertainina to the California Electrical Code. PREPARED BY: Luis : inz B Iding Official DEPARTMENT: Developm rv' uilding Divi ' PHONE: 4214 APPROVED B\._ , • EXPLANATION: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: finance ORDINANCE NO. 2010 — 2353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA ELECTRICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 3, ANNEX H OF SAID CODE, AND THE 2009 NATIONAL ELECTRICAL CODE, AS AMENDED ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA ELECTRICAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Electrical Code, Title 24, Part 3, Annex H of said Code and the 2009 National Electrical Code. Section 2. The City Council of the City of National City hereby amends, deletes and adds sections to the 2010 California Electrical Code, Annex H of said Code, and the 2009 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code, thereby amending Chapter 15.24 of the National City Municipal Code, to read as follows: CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE Sections: 15.24.005 2010 California Electrical Code, Annex H of the 2010 California Electrical Code and 2009 National Electrical Code —Adopted and amended. 15.24.010 Annex H. Administration and enforcement —Adopted and amended. 15.24.015 Annex H. Section 80.13(7) Right of entry —Amended. 15.24.020 Annex H. Section 80.13(17) Electric fences prohibited —Added. 15.24.025 Annex H. Section 80.15 Appeals Board —Amended. 15.24.030 Annex H, Section 80.19(D) Annual permits —Deleted. 15.24.035 Annex H, Section 80.19(E) Fees —Amended. 15.24.040 Annex H, Section 80.19(F) Inspection and approvals —Amended. 15.24.045 Annex H, Section 80.19(H) Applications and extensions —Amended. 15.24.050 Annex H, Section 80.19(1) Permit denial —Added. 15.24.055 Annex H, Section 80.23 Notice of violations, penalties —Adopted and amended. 15.24.060 Annex H, Section 80.25 Connection to electricity Supply— Deleted. 15.24.065 Annex H, Section 80.27 Inspectors qualifications —Deleted. 15.24.070 Annex H, Section 80.29 Liability for damages —Deleted. 15.24.075 Annex H Section 80.36 Expiration —Added. 15.24.005 2010 California Electrical Code, Annex H of the 2010 California Electrical Code and the 2009 National Electrical Code —Adopted and amended. The city council adopts and incorporates herein the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2009 National Electrical Code, for the purpose of prescribing in the City of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of construction plans, drawings, and specifications for electrical systems, the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property. The City Council hereby amends, deletes, or adds certain section of the 2010 Electrical Code, Annex H of the 2010 Electrical Code, and the 2009 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. Copies of these codes have been and are now filed in the office of the Building Official, and the same are adopted and incorporated as if fully set out at length in this Chapter, and shall be controlling within the city limits. 15.24.010 Annex H. Administration and enforcement —Adopted and amended. ANNEX H to the 2010 California Electrical Code entitled "Administration and Enforcement", is adopted subject to the following additions, amendments and deletions contained in this Chapter. 15.24.015 Annex H. Section 80.13 (7) Right of entry —Amended. Section 80.13 (7) of Annex H to the 2010 California Electrical Code is amended to read as follows: 80.13 (7) Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.020 Annex H. Section 80.13(17)—Added. Section 80.13 (17) of Annex H to the 2010 California Electrical Code is added as follows: 80.13 (17). Electric Fences Prohibited. No electric fence shall be constructed maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charge with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex H. Section 80.15 Appeals Board —Amended. Section 80.15 of Annex H of the 2010 California Electrical Code is amended to read as follows: 80.15 Advisory and Appeals Board. The City Council, pursuant to Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.24 of the National City Municipal Code. 15.24.030 Annex H. Section 80.19(D) Annual permits —Deleted. Section 80.18(D) of Annex H of the 2010 California Electrical Code is deleted. Ordinance 2010 — 2353 2 Electrical Code 15.24.035 Annex H. Section 80.19(E) Fees —Amended. Section 80.19(E) of Annex H of the 2010 California Electrical Code is amended to read as follows: Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. 15.24.040 Annex H. Section 80.19(F) Inspection and approvals —Amended. Section 80.19(F) of Annex H of the 2010 California Electrical Code is amended to read as follows: (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Authority Having Jurisdiction, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Authority Having Jurisdiction. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Authority Having Jurisdiction, nor the City of National City shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical system and equipment regulated by this code shall not be connected to the energy source until authorized by the Authority Having Jurisdiction. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code of other ordinances of the jurisdiction shall not be valid. (2) Inspection requests. It shall be of the duty of the person doing the work authorized by the permit to notify the Authority Having Jurisdiction that such work is ready for inspection. The Authority Having Jurisdiction may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Authority Having Jurisdiction. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the Authority Having Jurisdiction not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Other Inspections. In addition to the called inspections required by this code the Authority Having Jurisdiction may make or require other inspections of work to ascertain compliance with the provision of this code and other laws which are enforced by the code enforcement agency. (5) Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: (A) The portion of the work for which the inspection was called is not complete; (B) The corrections previously required and for are not made; (C) Calling for an inspection before the job is ready for such inspection or re -inspection; Ordinance 2010 — 2353 3 Electrical Code (D) The inspection record card or the approved plans are not posted or otherwise available to the inspector; or (E) Deviating from the approved plans when such deviation or change required approval of the Authority having jurisdiction. This provision is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re -inspection. Re -inspection fees may be assessed when the approved plans are not readily available to the inspector for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. In the instances where re -inspection fees have been assessed no additional inspection of the work will be performed until the required fees have been paid. 15.24.045 Annex H. Section 80.19(H) Applications and extensions —Amended. Section 80.19(H) of Annex H of the 2010 California Electrical Code is amended to read as follows: 80.19(H) Application and Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; Ordinance 2010 — 2353 4 Electrical Code B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Ordinance 2010 — 2353 5 Electrical Code 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.24.050 Annex H. Section 80.19(1) Permit denial —Added. Section 80.19(1) of Annex H of the 2010 California Electrical Code is added as follows: 80.19(1) Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or substandard building as provided in chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.055 Annex H. Section 80.23 Notice of violation and penalties —Amended. Section 80.23 of the California Electrical Code, 2010 Edition, is amended to read as follows: 80.23 Notice and Violations and Penalties. Notice of violations and penalties shall conform to (A) and (B). (A) Violations. (1) Whenever the Authority Having Jurisdiction determines that there are violations of this Chapter, a written notice shall be issued to confirm such findings. (2) Any order or notice issued pursuant to this Chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both. (B) Penalties. (1) Any person who fails to comply with the provisions of this Chapter or fails to carry out an order made pursuant to this Chapter or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the Authority Having Jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Violations of any provisions of this code may be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.060 Annex H. Section 80.25(C) Connection to electricity supply —Deleted. Section 80.25(C) of Annex H of the 2010 California Electrical Code is deleted. 15.24.065 Annex H. Section 80.27 Inspectors qualifications —Deleted. Section 80.27 of Annex H of the 2010 California Electrical Code is deleted. Ordinance 2010 — 2353 6 Electrical Code 15.24.070 Annex H. Section 80.29 Liability for damages —Deleted. Section 80.29 of the California Electrical Code, 2010 Edition, is deleted. 15.24.075 Annex H Section 80.36 Expiration —Added. Section 80.36—Added. Section 80.36 of Annex H to the California Electrical Code is added as follows: Section 80.36 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced fora period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect. a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits- where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. Ordinance 2010 — 2353 7 Electrical Code The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (8) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. Section 15.24.080 Annex G, Supervisory Control and Data Acquisition (SCADA)- Deleted. Annex G of the 2010 California Electrical Code is deleted. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Ordinance 2010 — 2353 8 Electrical Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 34 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 and amending the National City Municipal Code by adding Chapter 15.78 pertaining to the California Green Building Standards Code. PREPARED BY: L S Sa' , ilding Official DEPARTMENT: Divi Develop e. s-Building � PHONE: 421 1 -r APPROVED BY. EXPLANATION: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: finance ORDINANCE NO. 2010 — 2354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 11, AND AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.78 PERTAINING TO THE CALIFORNIA GREEN BUILDING STANDARDS CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, establishing regulations to enhance building design and construction within the city. CHAPTER 15.78 CALIFORNIA GREEN BUILDING STANDARDS CODE 15.78.010 California Green Building Standards Code —Adopted. The City Council adopts and incorporates herein for the purpose of prescribing regulations for the reduction of negative impacts or increasing positive environmental impacts and encouraging sustainable construction practices, the 2010 California Green Building Standards Code, California Code of Regulations Title 24, Part 11. All construction of buildings shall be in conformance with the 2010 California Green Building Standards Code, except as otherwise provided by this Chapter. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ^MPFTING DATE: November 23, 2010 AGENDA ITEM NO. 35 CM TITLE: An Ordinance of the City Council of the City of National City, adopting Appendix J of the 2010 Califomia Building Code, California Code of Regulations, Title 24, Part II, Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. PREPARED BY: PHONE: X4583 EXPLANATION: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. DEPARTMENT: Develo D APPROVED B ices -Engineering Barby Tipton FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: "TTACHMENTS: finance ORDINANCE NO. 2010 — 2355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING APPENDIX J OF THE 2010 CALIFORNIA BUILDING CODE AND AMENDING CHAPTER 15.70 (GRADING) OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts Appendix J of the 2010 California Building Code. Section 2. The City Council of the City of National City hereby amends Title 15, Chapter 15.70 of the National City Municipal Code to read as follows: Chapter 15.70 GRADING Sections: 15.70.005 Adoption of Appendix J of the 2010 California Building Code —Amended. 15.70.015 Appendix J of the 2010 Califomia Building Code, Section J101 General, Subsection 1 Scope —Amended. 15.70.020 Appendix J of the 2010 California Building Code, Section J102 Definitions —Amended. 15.70.025 Hazards and safety precautions —Amended. 15.70.030 Appendix J of the 2010 California Building Code, Section J103 Permits required, Subsection 2.1 Exemptions —Amended. 15.70.035 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.2 City Engineer —Amended. 15.70.040 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.5—Amended. 15.70.045 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.6—Amended. 15.70.050 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.8—Amended. 15.70.055 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.9—Amended. 15.70.060 Appendix J of the 2010 California Building Code, Section J104.5 Engineered grading requirements —Amended. 15.70.065 Appendix J of the 2010 California Building Code, Section J104.6 Regular grading and retaining wall construction requirements —Amended. 15.70.070 15.70.075 15.70.080 15.70.085 15.70.090 15.70.095 15.70.100 15.70.105 15.70.110 15.70.115 15.70.120 15.70.125 15.70.130 15.70.135 15.70.140 15.70.145 15.70.146 15.70.150 15.70.155 15.70.160 15.70.165 15.70.170 Appendix J of the 2010 California Building Code, Section J104.7 Licenses and insurance -Amended. Appendix J of the 2010 California Building Code, Section Conditions -Amended. Appendix J of the 2010 California Building Code, Section Inspections -Amended. Appendix J of the 2010 California Building Code, Section Exceptions- Deleted. Appendix J of the 2010 California Building Code, Section Subsection 1 General -Deleted. Appendix J of the 2010 California Building Code, Section Subsection 2 Surface Preparation -Amended. Appendix J of the 2010 California Building Code, Section Subsection 4--Amended. Appendix J of the 2010 California Building Code, Section Subsection 1 General --Amended. Appendix J of the 2010 California Building Code, Section Subsection 2 Top of Slope --Amended. Appendix J of the 2010 California Building Code, Section Figure J108.1, Drainage Dimensions --Amended. Appendix J of the 2010 California Building Code, Section Subsection 3 Slope Protection --Amended. Appendix J of the California Building Code, Section J109 Terracing, Subsection 4 Drainage --Amended. Appendix J of the California Building Code, Section J109 Terracing, Subsection 5 Surface Run-off Interception. Appendix J of the California Building Code, Section J109 Terracing, Subsection 6 Easements and Encumbrances. Appendix J of the California Building Code, Section J110 Subsection 3 Storm Water Erosion and Sediment —Amended. Grading fees. Work commencing prior to permit issuance —Added. Completion of work. Rough grading permit. Parking lots. Bonds. Violation a misdemeanor. J104.8 J105.3 J106.1(2) J107 Fills, J107 Fills, J107 Fills, J108 Setbacks, J108, Setbacks, J108 Setbacks, J108 Setbacks, Drainage and Drainage and Drainage and Erosion Control, Ordinance No. 2010 — 2355 2 Grading Code 15.70.005 Adoption of Appendix J of the 2010 Califomia Building Code —Amended. There is adopted by the city council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits and providing for the inspection thereof, Appendix J of the 2010 California Building Code, subject to the amendments, additions and deletions set forth in this Chapter based on local climatic, geological or topographical conditions. A copy of this adopted code is on file in the Development Services Department. 15.70.010 Purpose. The purpose of this Chapter is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the maximum extent practicable, pollutants entering the storm water conveyance system and waters of the state to protect water quality. 15.70.015 Appendix J of the 2010 California Building Code, Section J101 General, Subsection 1 Scope —Amended. Section J101, Subsection 1 of the 2010 California Building Code is amended to read as follows: J101.1 Scope. This ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. 15.70.020 Appendix J of the 2010 California Building Code. Section J102 Definitions —Amended. The following shall be supplementary to, or modify certain definitions given in the 2010 California Building Code in Appendix J Section J102. All other definitions listed in the 2010 Building Code shall remain applicable. APPROVAL — The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. AUTHORITY HAVING JURISDICTION — means the City Engineer of the City of National City and any duly authorized representative. BEST MANAGEMENT PRACTICES OR BMPS — means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to Storm Water, Receiving Waters, or the Storm Water Conveyance System. Best Management Practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or Teaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. Best Management Practices may include any type of pollution prevention and pollution control measure, which the- City Engineer finds, is necessary to reduce pollutants entering the Waters of the State to the Maximum Extent Practicable. Ordinance No. 2010 — 2355 3 Grading Code BUILDING CODE OFFICIAL — means the City Engineer or Designee. BUILDING OFFICIAL — means the City Engineer or Designee. CIVIL ENGINEER — means a professional engineer registered in the State of California to practice in the field of civil works. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN — means a plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a registered civil engineer, an architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineer. If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION CONTROL PLAN — means a plan prepared under the direction of and signed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION CONTROL SYSTEM" — means any combinations of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE — means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE or ("MEP") — means the standard established in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of storm water must meet. MEP is an acceptability standard for Best Management Practices based on a level of pollutant reduction that can be achieved by the most effective set of BMPs that can be implemented and still remain practicable; MEP generally emphasizes pollution prevention and source control BMPs as the first line of defense in combination with treatment methods as a backup. PERMITTEE — means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity, which submits an application for a permit pursuant to this Chapter. POLLUTANT — means any agent that may cause or contribute to the degradation of water quality, including, but not limited to, earth materials. RAINY SEASON — means the period beginning October 1st and ending April 30th in the next calendar year. The remainder of the year is the dry season. RETAINING WALL PLAN — means a plan prepared by a registered civil engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in Ordinance No. 2010 — 2355 4 Grading Code excess of 3 fee (3')t in height, measured from the top of the footing, to the top of the wall, and for walls less than or equal to 3 feet (3') in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. STORM WATER CONVEYANCE SYSTEM — means private and public drainage facilities within the city by which storm water may be conveyed to waters of the United States, including but not limited to, streets, roads, catch basins, natural and artificial channels, natural and artificial drainage features, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic and current development makes use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the Storm Water Conveyance System regardless of whether they are natural, man-made, or partially modified features. WATERS OF THE STATE — means any water, surface or underground, including saline waters within the boundaries of California. The definition of the "waters of the state" is broader than that for the "waters of the United States" in that all water in the State is considered to be a "waters of the State" regardless of circumstances or condition. Under this definition, a municipal storm sewer system (MS4) is always considered to be a "waters of the State". [California Water Code Section 13050 (e)]. WATERS OF THE UNITED STATES — means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands. [40 Code of Federal Regulations section 122.2.] 15.70.025 Hazards and safety precautions —Amended. If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The permittee shall be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the city engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. The permittee shall incur cost associated with any work outlined in this section. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any public way, or create an unreasonable hazard to person or property, or cause or contribute to an exceedance of state water quality objectives, or fail to reduce pollutants from the site to the maximum extent practicable. 15.70.030 Appendix J of the 2010 California Building Code, Section J103 Permits required, Subsection 2.1 Exemptions —Amended. Section J103.2.1 of the 2010 California Building Code is amended to read as follows: Ordinance No. 2010 — 2355 5 Grading Code 1. When approved by the City Engineer, grading in an isolated or self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties. 15.70.035 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.2 City Engineer —Amended. Section J103.2.2 of the 2010 California Building Code is amended to read as follows: 2. AMENDED — An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1525 mm) after the completion of such structure. 15.70.040 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.5—Amended. Section J103.2.5 of the 2010 California Building Code is amended to read as follows: 5. Excavations for wells or trenches for utilities on private property. 15.70.045 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.6—Amended. Section J103.2.6 of the 2010 California Building Code is amended to read as follows: 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. 15.70.050 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.8—Amended. Section J103.2.8 of the 2010 California Building Code is added to read as follows: 8. A retaining wall less than or equal to three feet (3') in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building. However, the construction of the retaining wall shall comply with the Regional Standard Drawings. 15.70.055 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.9--Amended. Section J103.2.9 of the 2010 California Building Code is added to read as follows: 9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course. Ordinance No. 2010 — 2355 6 Grading Code 15.70.060 Appendix J of the 2010 California Building Code, Section J104.5 Engineered grading requirements —Amended. Section J104.5 of the 2010 California Building Code is added to read as follows: J104.5 Engineered Grading Requirements — Application for a grading permit shall be accompanied by a work schedule including details of the hauling operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as may be required by the City Engineer and all relevant information listed in the plan checklists as developed by the City Engineer. 15.70.065 Appendix J of the 2010 California Building Code, Section J104.6 Regular grading and retaining wall construction requirements —Amended. Section J104.6 of the 2010 California Building Code is added to read as follows: J104.6 Regular Grading and Retaining Wall Construction Requirements — Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity to indicate the nature and extent of the work, supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be prepared and signed by a registered Civil Engineer when required by the City Engineer, and shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (15') of the proposed grading. 4. All other relevant information listed in the plan checklists as developed by the City Engineer. 15.70.070 Appendix J of the 2010 California Building Code, Section J104.7 Licenses and insurance —Amended. Section J104.7 of the 2010 California Building Code is added to read as follows: J104.7 Licenses and Insurance — Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: I. Coverage of general liability insurance and worker's compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its elected officials, officers, agents, and employees as additional insured. The actual endorsements or policy language regarding automatic additional insureds must be provided. II. City business license, which may be obtained from the National City Finance Department. III. Appropriate state contractor license. Ordinance No. 2010 — 2355 7 Grading Code 15.70.075 Appendix J of the 2010 California Building Code, Section J104.8 Conditions —Amended. Section J104.8 of the 2010 California Building Code is added to read as follows: A. Standards. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Standard Specifications for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. B. Water Quality. It shall be a condition of every permit issued under this Chapter that the Permittee shall comply with all the provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code. C. Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. D. Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. E. Standard Urban Storm Water Mitigation Plan (SUSMP) Checklist. A SUSMP checklist as created by the City Engineer shall be submitted with plans. 15.70.080 Appendix J of the 2010 Califomia Building Code, Section J105.3 Inspections —Amended. Section J105.3 of the 2010 California Building Code is added to read as follows: J105.3 The Permittee or his agent shall notify the City Engineer: A. Initial inspection (pre -construction conference) — when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The pre -construction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. B. Toe of fill inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed. C. Excavation Inspection — After excavation and placement is started, but before the vertical depth of the excavation exceeds 10 feet. D. Fill Inspection. After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. E. Drainage Device Inspection — Before and after forms and reinforcement are in place, but before any concrete is placed. Ordinance No. 2010 — 2355 8 Grading Code F. Rough Grading. Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty-four hours before inspection is to be made. G. Final Inspection. Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. H. In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. I. Modification of approved plans, if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 15.70.085 Appendix J of the 2010 California Building Code, Section J106.1(2) Exceptions —Deleted. 15.70.090 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 1 General —Deleted 15.70.095 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 2 Surface Preparation —Amended. Subsection J107.2 of the 2010 California Building Code is amended to read as follows: J107.2 Surface preparation. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non -complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of fill shall be at least 10 feet (3048 mm) wide. The area beyond the toe of fill shall be at least 10 ft (3048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both, as a suitable foundation for fill. 15.70.100 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 4--Amended. Subsection J107.4 of the 2010 California Building Code is amended to read as follows: J107.4 Fill Material. Organic material shall not be permitted in fills. Except as permitted by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills. Exception: The City Engineer may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approved the fill stability. The following conditions shall also apply: 1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. Ordinance No. 2010 —2355 9 Grading Code 3. Rocks shall be placed so as to assure filling of all voids with well - graded soil. 15.70.105 Appendix J of the 2010 California Building Code, Section J108 Setbacks, Subsection 1 General --Amended. Subsection J108.1 of the 2010 California Building Code is amended to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in amended FIGURE J108.1 as shown in this Chapter. 15.70.110 Appendix J of the 2010 California Building Code, Section J108, Setbacks, Subsection 2 Top of Slope --Amended. Subsection J108.2 of the 2010 California Building Code is amended to read as follows: J108.2 Top of slope. The setback at the top of a cut slope shall not be Tess than that shown in amended Figure J108.1 as shown in this chapter, or than is required to accommodate any required interceptor drains, whichever is greater. 15.70.115 Appendix J of the 2010 California Building Code, Section J108 Setbacks, Figure J108.1, Drainage Dimensions --Amended. Figure J108.1 of the 2010 Califomia Building Code is amended to read as follows: Property Lino t f2 trot 211 (610 mm) m;nrmurn and need not exceed 20ft (6096nen) Amended Ftiure J1 D8.1 Drainage Dimensions N15 but 2 ft. (610 inrrO minimum and need no¢ exceed 10 rt (30413 rim) Top of Slope Natural or Finish Grade Cut or Fill Slope Property Line Top of Slope 1 i /� Natural or -Feast' Grade intercom( Drain if required) Ordinance No. 2010 — 2355 10 Grading Code 15.70.120 Appendix J of the 2010 California Building Code, Section J108 Setbacks, Subsection 3 Slope Protection --Amended. Subsection J108.3 of the 2010 Building Code is amended to read as follows: J108.3 Slope Protection. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the City Engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: 1. Additional setbacks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. 15.70.125 Appendix J of the Califomia Building Code, Section J109 Drainage and Terracing, Subsection 4 Drainage. Subsection J109.4 of the 2010 California Building Code is amended to read as follows: J109.4 Drainage Across property lines. Surface runoff shall not be permitted to flow from one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15.70.130 Appendix J of the California Building Code, Section J109 Drainage and Terracing, Subsection 5 Surface Run-off Interception. Subsection J1O9.5 of the 2010 California Building Code is added to read as follows: J109.5 Surface Run-off Interception. Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities. 15.70.135 Appendix J of the California Building Code, Section J109 Drainage and Terracing, Subsection 6 Easements and Encumbrances. Subsection J109.6 of the 2010 California Building Code is added to read as follows: J109.6 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. Ordinance No. 2010 — 2355 11 Grading Code 15.70.140 Appendix J of the California Building Code, Section J110 Erosion Control, Subsection 3 Storm Water Erosion and Sediment —Amended. Subsection J110.3 of the 2010 California Building Code is added to read as follows: J110.3 Stormwater Erosion and Sediment. A. Plans for an erosion control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion control system shall comply with the requirements of the latest National Pollutant Discharge Elimination System permit and Chapter 14.22 of this Code to satisfy the requirements for erosion control and eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address and signature of the Civil Engineer or person who prepared the plan; 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion control system standards shall be as follows: 1. The faces of cut -and -fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the engineer of work, to avoid failure of the earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field- testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. 4. Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access Ordinance No. 2010 — 2355 12 Grading Code from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account ' drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 8. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with less than five percent grade shall be fully covered unless sediment control is provided through desiltation basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. 9. Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. If feasible, Permittee shall grade only during the dry season, especially in areas at high risk for erosion. b. Permittee shall minimize the length of time that soils are left exposed to elements of wind and water. c. If grading must occur during the rainy season, the total area of exposed soil shall be reduced during the rainy season. d. Critical areas, such as drainage channels, streams and natural watercourses shall be properly protected. e. Exposed areas shall be stabilized as quickly as feasible. f. Sufficient waste disposal facilities shall be provided for all proposed activities. g. Sufficient storage facilities shall be provided for all materials and equipment. h. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. j. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. 10. During Dry Season (May 1 through September 30), Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. Adequate perimeter protection BMPs must be installed and maintained. b. Adequate sediment control BMPs must be installed and maintained. c. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. Ordinance No. 2010 — 2355 13 Grading Code d. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. e. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. f. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. g. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. 11. During Wet Season (October 1 through April 30), Permittee shall implement the following BMPs, in addition to the Dry Season Requirements: a. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient protection for storms. b. Adequate erosion prevention BMPs must be installed and established for all completed slopes prior to October 1 and maintained throughout the wet season. If a BMP fails, it must be repaired, improved, or replaced with an acceptable alternate as soon as it is safe to do so. c. The amount of exposed soil allowed at one time shall not exceed standby erosion and sediment control BMP capacity. d. An incomplete disturbed area that is not being actively graded must be fully protected from erosion if left for 10 days or more. 12. BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project. 13. No grading shall be allowed from October 1st thru the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion control measures to be installed or cleanup to be done, the Permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 14. Preservation Of Natural Hydrologic Features, Riparian Buffers and Corridors. All natural hydrologic features and riparian buffer zones and corridors must be preserved to eliminate or minimize runoff from construction sites. 15. Phased Grading. Grading shall be phased whenever the City Engineer finds that phasing is feasible and necessary to protect the Waters of the State. Areas that are cleared and graded shall be minimized to only portions of the site that are necessary for construction, and the exposure time of disturbed soil areas shall be minimized. 16. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event or 17 acres, which ever is smaller, unless the disturbance of a larger area is approved in writing by the City engineer. In the Ordinance No. 2010 — 2355 14 Grading Code event that a project proponent requests approval to disturb an area greater than 17 acres, the project proponent shall first submit to the City Engineer, written documentation describing how it will ensure that discharges of pollutants are reduced to the Maximum Extent Practicable (MEP) and prevents discharges of pollutants that would cause or contribute to a violation of water quality standards despite the larger disturbed area. 17. Advanced Treatment. a. Treatment for sediment is required. For the purpose of this requirement, exceptional threat to water quality shall be defined as a site, which meets all of the following, except as provided in number 16 above: 1. A portion of the site is located within or directly adjacent to receiving waters listed on the CWA Section 3O3(d) list of Water Quality Limited Segments as impaired for sedimentation or turbidity; 2. Disturbance is greater than five acres, including all phases of the development; 3. Disturbed slopes are steeper than 4:1 (horizontal: vertical), higher than 10 feet, and drain to the 3O3(d) listed receiving water; 4. Contains a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4. Altematively, applicants may perform a RUSLE or MUSLE analysis to prove to the City Engineer's satisfaction that advanced treatment is not required. b. Even if based on the criteria in number 16, above, advanced treatment would not ordinarily be required, advanced treatment may be required at the discretion of the City Engineer based on a record of noncompliance. c. Treatment effluent water quality shall meet or exceed the water quality objectives for turbidity, pH, toxicity, and any other parameter deemed necessary by the City Engineer, as listed in the Water Quality Control Plan for the San Diego Basin for inland surface waters and lagoons and estuaries for the appropriate hydrologic unit. d. Applicant shall provide design, operations and maintenance schedule, monitoring plan, certification of training of staff to the satisfaction of the City Engineer. 18. Establishment of Permanent Vegetation. a. General. The face of all cut and fill slopes, in excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City. Engineer may approve other plant materials as specified by a landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. b. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2 1/4 inch pots or trees having a one (1) gallon minimum Ordinance No. 2010 — 2355 15 Grading Code size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. c. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. d. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. if grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. 19. Irrigation System Requirements. a. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Permittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope Tess than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. b. Minimum Requirements (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property fines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not Tess than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 20. Waiver Of Planting And Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 21. General Construction Permit Requirements. Ordinance No. 2010 — 2355 16 Grading Code a. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan. Permittees required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the Plan, implement the Plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. c. Facility Monitoring. Permittees required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by the City Engineer. 15.70.145 Grading fees. The plan review and permit fees shall be assessed in accordance with city Ordinance No. 1929 and the National City Fee Schedule. 15.70.146 Work commencing prior to permit issuance —Added. Any person who commences any work where an engineering permit is required prior to obtaining the necessary permits shall be subject to an administrative penalty fee equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The administrative penalty fee is in addition to a permit fee. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. 15.70.150 Completion of work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 15.70.155 Rough grading permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special approval of the city engineer, as well as the director of the planning department for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the city engineer and the planning director. 15.70.160 Parking Tots. Existing or new parking lots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.165 Bonds. The city engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash deposit or instrument of credit with the city engineer in an amount equal to that which would be required in the surety bond. Ordinance No. 2010 — 2355 17 Grading Code 15.70.170 Violation a misdemeanor. Any person who commences or does any grading in violation of this chapter is guilty of a misdemeanor. Every day that a violation of this chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this code. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2010 — 2355 18 Grading Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 36 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code, and amending Chapter 15.22 of the National City Municipal Code, pertaining to Uniform Swimming Pool, Spa and Hot Tub Code. PREPARED BY: Lu. a s.�: ilding Official DEPARTMENT: Development Services -Building Division PHONE: 42APPROVED BY: EXPLANATION: The Ordinance was introduced at the Council meeting on November 9, 2010. A public hearing was held earlier this evening. Adopting this Ordinance will finalize Council's action. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: inance ORDINANCE NO 2010 - 2356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE 2009 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND AMENDING CHAPTER 15.22 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2009 Uniform Swimming Pool, Spa and Hot Tub Code. Chapter 15.22 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE Sections: 15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (2009 Edition) -Adopted. 15.22.010 Chapter 1, Section 104 "Administrative authority" -Deleted. 15.22.015 Chapter 1, Section 102.2 "Duties and powers of the administrative authority" -Amended. 15.22.020 Chapter 1, Section 102.3 "Violations -Amended. 15.22.22 Chapter 1, Section 102.3.2 Penalties -Amended. 15.22.025 Chapter 1, Section 103.1 "Permit required" -Deleted. 15.22.030 Chapter 1, Section 103.4 "Fees" -Amended. 15.22.035 Chapter 1, Section 117 "Board of appeals" -Amended. 15.22.040 Chapter 2, Section 202 "Definitions" -Amended. 15.22.045 Chapter 3, Section 3109.4.1 of the 2010 California Building Code "Barrier protection required" -Amended. 15.22.050 Chapter 1, Division II Section 102.2.2 Right of entry -Amended. 15.22.055 Expiration. 15.22.060 Permit Denial. 15.22.065 Permit Fees. 15.22.070 Plan Review Fees. 15.22.075 Reinspection. 15.22.080 Advisory and Appeals Board. 15.22.085 Placement of Permit. 15.22.090 Expiration of Plans. 15.22.095 Work Commencing without a Permit. 15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (2009 Edition) —Adopted. There is adopted by the city council for the purpose of prescribing regulations governing the erection, installation, construction, enlargement, alteration, addition, repair, replacement, maintenance, and use or occupancy of any swimming pool, spa or hot tub that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code as copyrighted by the International Association of Plumbing and Mechanical Officials, being particularly the 2009 Edition, save and except such portions as are hereinafter deleted, modified or amended, based on local climatic, geological, or topographical conditions that justify deviating from such code, of which one copy is now on file in the office of the Building Official; and the same is adopted and incorporated as fully as if set out at length in this chapter and from January 1, 2011, the provisions thereof shall be controlling within the limits of the city. 15.22.010 Chapter 1, Section 104 "Administrative authority" —Deleted. Section 104 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby deleted. 15.22.015 Chapter 1, Section 102.2 "Duties and powers of the administrative authoritv"-Amended. Section 102.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following: 102.2 Duties and Powers of the Administrative Authority. The San Diego County Health Department and/or its authorized representatives are authorized to enforce this code in accordance with the terms of the agreement between the City of National City and the San Diego County Health Department. 15.22.020 Chapter 1, Section 102.3 "Violations —Amended. Section 102.3 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: 102.3. Violations. Violations of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use that is authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any approval when issued in error. 15.22.022 Chapter 1, Section 102.3.2 Penalties —Amended. Section 102.3.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: 102.3.2 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.22.025 Chapter 1, Section 103.3.4 "Permits" —Deleted. Section 103.3.4 of the Uniform Swimming Pool, Spa and Hot Tub Code is deleted. Ordinance No. 2010 — 2356 2 Uniform Swimming Pool, Spa and Hot Tub Code 15.22.030 Chapter 1, Section 103.4.1 "Fees" —Amended. Chapter 1, Section 103.4.1 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: 103.4.1 Fees. Every applicant for a permit to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired, or replaced any swimming pool, spa or hot tub; any swimming pool, spa or hot tub plumbing, gas or draining piping; or any swimming pool, spa, or hot tub heater, fixture, or water treating equipment in a building or premises shall first state in writing on the application for a permit provided for that purpose, the character of work proposed to be done. Permit fees shall be as established by the most recently adopted fee schedule. 15.22.033 Chapter 1 Section 103.4.3.2 "Work commencing without a permit" — Amended. Section 103.4.3.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 103.4.3.2 Work commencing without a permit. Any person who shall commence any swimming pool, spa, or hot tub work for which a permit is required by this code without having obtained a permit therefor, shall be subject to an administrative penalty equal to the inspection fee portion of the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee however, this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor, before the commencement of the work. In all such cases, a permit must be obtained by the next business day, and if such permit is not obtained for the completion of such emergency work, the administrative penalty as herein provided shall be charged. 15.22.035 Chapter 1, Section 117 "Board of appeals" —Amended. Section 117 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 117 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.22 of the National City Municipal Code. 15.22.040 Chapter 2. Section 202 "Definitions" —Amended. Section 202 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following definitions: Section 202 Definitions. Above Ground/On Ground Pool - See definition of swimming pool. Approved safety pool cover - means a manually or power -operated safety pool cover that meets all of the performance standards of the American Society of Testing and Materials (ASTM) in compliance with Standard F1346-91. Enclosure - is a fence, wall, or other barrier that isolates a swimming pool from access to the home. Exit alarms - devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. Ordinance No. 2010 — 2356 3 Uniform Swimming Pool, Spa and Hot Tub Code Grade (surface) - is the underlying surface such as earth or a walking surface. Hot Tub - See definition of swimming pool. Spa - See definition of swimming pool. Swimming Pool - is any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in -ground, aboveground and on -ground swimming pools, hot tubs, spas, portable spas and nonportable wading pools. Swimming Pool, Indoor - is any swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor - is any swimming pool which is not an indoor pool as defined herein. 15.22.045 Chapter 31, Section 3109.4.1 "Barrier height and clearances" —Amended. Section 3109.4.21 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as tollows: Section 3109.4.1 Barrier Protection Required. Outdoor swimming pools, including in -ground, aboveground, and on -ground pools, hot tubs and spas shall be provided with a barrier that shall comply with the following: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool and shall be constructed to withstand the forces specified in the Uniform Building Code. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured to a hard surface such as concrete. This measurement shall be taken on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 2. Openings in the barrier shall not allow passage of a 4-inch diameter sphere. 3. Solid barriers that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches and there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width, and spacing between vertical members shall not exceed 4 inches. 5. Maximum mesh size for chain link fences shall be a 13A-inch square. The wire shall be not Tess than 111/2 gauge. 6. Access gates shall comply with the requirements of items (1) through (7) and shall be equipped to accommodate a locking device no less that 54 inches above grade. Pedestrian access gates shall open outward away from the pool and shall be self -closing with a self -latching device. Gates other than pedestrian access gates shall comply with the requirements of items (1) through (7) and shall be equipped with a locking device. Ordinance No. 2010 — 2356 4 Uniform Swimming Pool, Spa and Hot Tub Code 7. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds, within 7 seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 DBA when measured indoors at 10 feet. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self -closing doors with self -latching devices approved by the building official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the alarm system described above. 8. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (a) the ladder or steps shall be capable of being secured, locked or removed to prevent access or, (b) the ladder or steps shall be surrounded by a barrier which meets the requirements of items (1) through (9). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere. 9. Hot tubs and spas located outdoors and not exceeding 64 square feet may have rigid pool covers meeting American Society for Testing and Materials (ASTM) Standard F1346-91 equipped with a permanent locking and latching device in lieu of a required barrier. 10. Where unusual circumstances exist that make strict enforcement of (1) through (10) impractical, the administrative authority may grant modifications for individual cases pursuant to Section 106 of the Uniform Building Code. 15.22.050 Chapter 1, Division II Section 102.2.2 Right of entry -Amended. Division II, Section 102.2.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 102.2.2 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.22.055 Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Section 103.3.4 of the 2010 California Plumbing Code is amended to read as follows: 103.3.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from Ordinance No. 2010 — 2356 5 Uniform Swimming Pool, Spa and Hot Tub Code the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect. a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (8) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Ordinance No. 2010 — 2356 6 Uniform Swimming Pool, Spa and Hot Tub Code Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. 15.22.060 Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.22.065 Permit Fees. Fees shall be assessed in accordance with the most recent Fee Schedule adopted by the National City City Council . 15.22.070 Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the fee schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the fee schedule. 15.22.075 Reinspection. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re - inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. Ordinance No. 2010 — 2356 7 Uniform Swimming Pool, Spa and Hot Tub Code To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council . In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.22.080 Advisory and Appeals Board. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. 15.22. 085 Placement of Permit Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.22.090 Expiration of Plans. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.22.095 Work Commencing without a Permit. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 2356 8 Uniform Swimming Pool, Spa and Hot Tub Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 37 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and adding Chapter 15.79 pertaining to the California Residential Code. PREPARED BY: L PHONE: 421 EXPLANATION: See attached ing Official DEPARTMENT: Development Services -Building Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: finance ORDINANCE NO. 2010 — 2357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA RESIDENTIAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2.5, AND AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.79 PERTAINING TO THE CALIFORNIA RESIDENTIAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2010 California Residential Code and Chapter 1 of said Code, thereby adding Chapter 15.79 of the National City Municipal Code to read as follows: CHAPTER 15.79 CALIFORNIA RESIDENTIAL CODE Sections: 15.79.010 California Building Code —Adopted and Amended. 15.79.025 Chapter 1, DIVISION II, Section R104.6 — "Right of entry" —Amended. 15.79.030 Chapter 1, DIVISION 11, Section R105.2 — "Work exempt from permit" — Amended. 15.79.035 Chapter 1, DIVISION II, Section R105.3.2 —"Time limitation of application" —Amended. 15.79.040 Chapter 1, DIVISION II, Section R105.5 — "Expiration" —Amended. 15.79.045 Chapter 1, DIVISION II, Section R105.7 — "Placement of permit" — Amended. 15.79.050 Chapter 1, DIVISION I1, Section R105.8.1 — "Permit denial" —Added. 15.79.055 Chapter 1, DIVISION II, Section R108.2 - ""Fees" —Amended. 15.79.060 Chapter 1, DIVISION II, Section R108.6 - "Work commencing before permit issuance" —Amended. 15.79.065 Chapter 1, DIVISION II, Section R109.3.8.1 -"Reinspections"—Added. 15.79.070 Chapter 1, DIVISION II, Section R110.4 - "Temporary occupancy" — Amended. 15.79.075 Chapter 1, DIVISION II, Section R112.1 - "Board of Appeals" —Amended. 15.79.080 Chapter 1, DIVISION II, Section R113.1 - "Violations" —Amended. 15.79.085 Chapter 1, Division II, Section R319.1 -"Address numbers" —Amended. 15.79.090 15.79.095 15.79.100 Chapter 1, Division II, Section R902.1 "Roofing covering material" — Amended. Plan Review Fees. Applications and extensions. 15.79.010 California Residential Code Adopted. The city council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving. removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of one- and two-family dwellings and townhouses not more than three stories above grade, the 2010 California Residential Code, California Code of Regulations Title 24, Part 2.5 of the California State Health and Safety Code Sections 18901, et. seq., published by the California Building Standards Commission based on the International Residential Code 2009 Edition, including specified Appendices, save and except such portions as are deleted, added, or modified based on the climatic, topographic, or geologic conditions, of which copies of all the codes have been and are now filed in the office of the Building Official and, the same are adopted and incorporated as fully set out at length in this chapter, and the provisions thereof shall be controlling within the city limits. 15.79.025 Chapter 1, DIVISION II, Section R104.6 "Right of entry" —Amended. Section 104.6 of the 2010 California Residential Code is amended to read as follows: R104.6 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.79.030 Chapter 1, DIVISION II, Section R105.2 "Building" —Amended. Chapter 1, DIVISION II, Section R105.2 of the 2010 California Residential Code is amended by adding the following: 11. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 12. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: A) Painting and decorating including refinishing of exterior stucco finishes. B) Installation of floor covering. Ordinance No. 2010 — 2357 2 Residential Code — Chapter 15.79 C) Cabinet work. D) Outside paving on private property not within the public right-of-way. E) Replacement of existing windows with no structural modification of the existing window opening. 13. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 14. Painted wall signs and styrofoam or other foam mounted wall signs. 15.79.035 Chapter 1. DIVISION II Section R105.3.2 "Time Limitation of Application" —Amended. Section R105.3.2 of the 2010 California Residential Code is amended to read as follows: Section R105.3.2 Time limitation of plan check application. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.79.040 Chapter 1.DIVISION I1, Section R105.5 "Expiration" —Amended. Section 105.5 of the 2010 California Residential Code is amended to read as follows: Section R105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; Ordinance No. 2010 — 2357 3 Residential Code — Chapter 15.79 B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in .accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Ordinance No. 2010 — 2357 4 Residential Code — Chapter 15.79 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.79.045 Chapter 1, DIVISION II, Section R105.7 "Placement of permit" — Amended. Section R105.7 of the 2010 California Residential Code is amended to read as follows: Section R105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.79.050 Chapter 1. DIVISION II, Section R105.8.1 "Permit denial" —Added. Section R105.8 of the 2010 California Residential Code is added as follows: Section R105.8.1 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.79.055 Chapter 1. DIVISION II, Section R108.2 —"Fees"—Amended. Section R108.2 of the 2010 California Residential Code is amended to read as follows: Section R108.2 Schedule of permit fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council . 15.79.060 Chanter 1. DIVISION II, Section R108.6 "Work commencingbefore permit issuance" —Amended. Section R108.6 of the 2010 California Residential Code is amended to read as follows: Section R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.79.065 Chapter 1. DIVISION II, Section 109.3.8.1 "Reinspections"—Added. Chapter 1, DIVISION II, Section 109.3 of the 2010 California Residential Code is amended by adding Section 109.3.8.1 to read as follows: Section 109.3.8.1 Reinspections. A reinspection fee may be assessed • for each inspection or re -inspection when any of the following occurs: Ordinance No. 2010 — 2357 5 Residential Code — Chapter 15.79 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council . In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.79.070 Chapter 1, DIVISION II, Section R110.4 "Temporary occupancy certificate" —Amended. Section R110.4 of the 2010 California Residential Code is amended to read as follows: Section R110.4. Temporary Occupancy Certificate. Where a project or a major portion thereof is substantially complete and can be safely occupied. but practical difficulties delay completion of work. the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments. the Authority Having Jurisdiction may prepare a written document granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; and 4. Evidence that a faithful performance bond has been posted if required by any affected city department. 5. A copy of a written document granting temporary occupancy shall be provided to all affected city departments. 15.79.075 Chapter 1. DIVISION II, Section R112.1 "Board of Appeals" —Amended. Section R112.1 of the 2010 California Residential Code is amended to read as follows: Section R112.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.79 of the National City Municipal Code. 15.79.080 Chapter 1. DIVISION II, Section R113.1 "Violations" —Amended. Section R113.1 of the 2010 California Residential Code is amended to read as follows: Ordinance No. 2010 — 2357 6 Residential Code — Chapter 15.79 Section R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.79.085 Chapter 1. DIVISION II, Section R319.1 "Address numbers" —Amended. Section R319.1 of the 2010 California Residential Code is amended to read as follows: Section R319.1 Address numbers. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to, the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.72.090 Chapter 1. DIVISION II, Section R902.1.3 "Roofing Covering Material" — Amended. Section R902.1.3 of the 2010 California Residential Code is amended to read: Section R 902.1.3 Roof Coverings in all other areas. The entire roof covering of every existing structure where more that 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of the roof of every existing structure , shall be a fire - retardant roof covering that is at least Class B. 15.79.095 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 15.79.100 Applications and extensions. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. --- Signature Page to Follow --- Ordinance No. 2010 — 2357 7 Residential Code — Chapter 15.79 PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 2357 8 Residential Code — Chapter 15.79 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 38 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Fire Code of the California Code of Regulations, Title 24, and appendices thereto and the National Fire Protection Association Standards, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.28 of the National City Municipal Code (Fire) PREPARED BY: Robert Hernandez DEPARTMENT: Fi PHONE: X4550 APPROVED BY: EXPLANATION: State law requires that the City of National City adopt the California Fire Code, 2010 Edition subsequently these codes are being submitted for adoption. Technical amendments made to those codes are needed due to topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. The following ordinance addresses one of the most significant changes: All new residential units constructed in the State of California will require an approved and installed sprinkler system per the California Fire Code 2010 Edition Chapter 9. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt Ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ff Report _ _ _linance CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: TO: FROM: SUBJECT: October 28, 2010 Mayor and City Council Robert Hernandez, Fire Marshal Recommendations for Adoption of the 2010 California Fire Code and Amendment to Tiles 15 of the National City Municipal Code This report is intended to provide the Mayor and City Council with a brief over -view of significant technical changes to the 201.0 California Fire Code. A copy of the 2010 California Fire Code is on file at the Fire Department. State law requires that the City of National City adopt the same model codes as the State of California and limit technical amendments to those necessitated due to local topographical, geographical, or climatic conditions. Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the code be adopted with minimal revisions. California Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few highlights of changes which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, to coordinate with the requirements of the newly published Residential Code which adds fire sprinklers to residential construction. Additional sections have been revised to stay current with changes is technology. A new Chapter 45 has been added specifying fire protection requirements for marinas. The chapter includes general precautions and fire protection equipment provisions. A new Chapter 46 has been added to cover constructions requirements for existing buildings. This Chapter clarifies the requirements for existing building that were built prior to the adoption of this code. Other revisions to the 2010 California Fire Code include numerous small changes to help clarify the code and revisions to keep the code up to date with current technology in construction. The following information is a summary of some of the highlights which can be found in the new 2010 edition of the California Fire Code ORDINANCE NO 2010 — 2358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9, APPENDICES THERETO, AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS; AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Fire Code, Title 24, Part 9 of the Califomia Code of Regulations, the Appendices thereto, and the National Fire Protection Association Standards with the amendments set forth in Section 3 of this ordinance as the fire code for this city. Section 2. The City Council finds that the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create and increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5. Section 4. The City Council of the City of National City hereby amends and deletes certain sections of the 2010 California Fire Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. Section 5. The City Council of the City of National City hereby amends Title 15, Chapter 15.28 to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Sections: 15.28.002 Findings and declarations. 15.28.010 2010 Califomia Fire Code, 2010 Edition —Adopted. 15.28.020 Establishment and duties of fire prevention bureau. 15.28.030 Definitions. 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited —Amended. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited. 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —Amended. 15.28.070 Amendments made to the 2010 California Fire Code. 15.28.080 Section 101.5 "Referenced Codes" —Amended. 15.28.085 Section 307.4.1 "Bonfires" —Amended. 15.28.090 Section 307.4.2 "Recreational Fires" —Amended. 15.28.100 Section 1011.5.1 "Graphics" —Amended. 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" —Supplemented. 15.28.120 Section 503.2.7 "Grade" —Amended. 15.28.130 Section 503.6.1 "Security Gates" —Amended. 15.28.140 Appeals. 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.170 Repeal of conflicting ordinances. 15.28.180 Validity and severability. 15.28.190 Date of effect. 15.28.002 Findings and declarations. The city council of the city of National City, does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the city of National City does reasonably necessitate and demand specific changes in and variations from the 2010 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2010 Califomia Fire Code, 2010 Edition --Adopted. There is adopted by the city council of the city of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau a certain code known as the 2010 California Fire Code, and the appendices thereto, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, and the whole thereof, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire chief of the city of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall take effect, shall be controlling within the limits of the city of National City. 15.28.020 Establishment and duties of fire prevention bureau. A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the city of National City, which is established and shall be operated under the supervision of the chief of the fire department. B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the city of National City. Ordinance No. 2010 — 2358 2 Fire Code — Chapter 15.28 C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2010 California Fire Code means the City of National City. B. Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code they shall be held to mean the fire marshal of the city of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever the term "city" is used it means the city of National City. E. Where the term "Corporation Counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City. F. "Fire Authority Having Jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. This entity may also provide fire suppression and other emergency services. G. Whenever the terms "this code" and "2006 International Fire Code" are used they mean the 2007 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this Chapter. H. Whenever the terms "chief", "fire chief", "chief of the fire department" are used they mean the "director of the department of emergency services". 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited. Section 3204.3.1.1 of the 2007 California Fire Code is amended to read as follows: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM; Medium Manufacturing, MH; Heavy Manufacturing, MT; Tidelands Manufacturing. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited --Amended. The limits referred to in Sections 3404.2.9.5.1 and 3406.2.4.4 of the 2007 California Fire Code in which the storage of flammable or combustible liquids is restricted are established as follows: All areas within the city limits of the city of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred to in Section 3804.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are established as follows: Ordinance No. 2010 — 2358 3 Fire Code — Chapter 15.28 All areas within the city limits of the city of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —Amended. The permanent storage of explosives and/or blasting agents shall be strictly prohibited within the city limits of the city of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2010 California Fire Code. The geographical density of the city of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002, Findings and declarations. 15.28.080 Section 101.5 "Referenced Codes" --Amended. Section 101.5 of the 2010 California Fire Code is amended to read as follows: 101.5 The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" --Amended. Section 307.4.1 of the California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. 15.28.090 Section 307.4.2 "Recreational Fires" —Amended. Section 307.4.2 of the California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1011.5.1 "Graphics" --Amended. Section 1011.5.1 of the California Fire Code is amended to read as follows: 1011.5.1. Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes and spacing in proportion to the height. Ordinance No. 2010 — 2358 4 Fire Code — Chapter 15.28 The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" -- Supplemented. Section 316 of the 2010 California Fire Code is added as follows: 316. Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 "Grade" —Amended. Section 503.2.7 of the 2007 California Fire Code is amended as follows: 503.2.7. Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. 15.28.130 Section 503.6.1 "Security Gates" —Amended. Section 503.6.1 of the 2010 Califomia Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Appeals. Whenever the director of the department of emergency services or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or Ordinance No. 2010 — 2358 5 Fire Code — Chapter 15.28 wrongly interpreted, the applicant may appeal the decision to the city council, as established by and pursuant to Chapter 15.04, within ten days from the date of the decision. 15.28.150 New materials, processes or occupancies, which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The fire marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2010 California Fire Code adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter or of the code or standards adopted are repealed. 15.28.180 Validity and severability. The city council of the city of National City declares that should any section or portion this chapter or of the code or standards adopted be declared for any reason to be invalid, it is the intent of the city council of the city of National City that it would have passed all other portions of this chapter independent of the elimination of any portion as may be declared invalid. It is further the intent of the city council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may be so severed or construed so as to carry out the purpose and intent of this code. 15.28.190 Date of effect. This Chapter shall take effect and be in force from and after its approval as required by law. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 2358 6 Fire Code — Chapter 15.28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 39 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. (Fire) PREPARED BY: Walter Amedee PHONE: 619-336-4556 EXPLANATION: See attached Staff Report. DEPARTMENT: Fir APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: citn,09,1. Finance APPROVEI9#1 2 :5,j � .0 MIS Agreement is a fee for service with no General Fund revenue subsidy. Increase in Franchise Fee revenue (130-00000-3034) of $119,421 will augment the Paramedic Program accordingly. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to sign the First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. 2. Staff Report 3. Resolution STAFF REPORT First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. BACKGROUND: The City's ambulance services contract with American Medical Response Ambulance Services, Inc. (AMR) was approved by the City Council on June 20, 2006. AMR, at no direct cost to the City, has been providing basic and advanced life support ambulance transportation services to the City since October 1, 1983. AMR pays the City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute discretion of the City. The purpose of the fee is to offset the City's costs for activities associated with providing and maintaining programs associated with emergency medical services care at an ALS-level and oversight of the ambulance contract. The Regional Cooperative Care Program (RCCP) is a regional resource providing medical supervision, infection control services, quality assurance and quality improvement (QA/QI), and training to its member agencies. The Medical Director of RCCP also serves as the Medical Director for the NCFD. One of the staff members of RCCP serves as the official Infection Control Officer for the NCFD. In these roles, both the NCFD EMS Coordinator and the Department Safety Officer work closely with RCCP staff RCCP is funded by assessments from member agencies based on a per call formula. AMR has the ability to directly bill individuals utilizing their services or bill appropriate third -party insurance carriers. AMR bills for ambulance service per transport, calls for service during which patient care meets transport criteria and mileage. AMR may increase fees and/or charges for services provided in order to fully realize revenues sufficient to make up the projected annual increase in Franchise Fees. AMR, at no cost to the City, also provides support and assistance in the development of a Fire/EMS Technology Program in conjunction with National City Fire Department and Sweetwater High School. AMR provides funding of up to $6,000 per year for uniforms, books and supplies, or to fund scholarships for students to attend EMT training at Southwestern College. AMBULANCE SERVICES CONTRACT AMENDMENT: The Ambulance Services Contract Amendment modifies Section II, Subsection A.11(f); Section IV, Subsections B, 1 and 2; and Exhibit "A" regarding mileage reimbursement as follows: • Extend the term of the Agreement for two years, following expiration on June 30, 2011, as provided for in Section VI, Subsection E. The term of the Agreement is extended for an additional two years from the time the current agreement expires on June 30, 2011 to June 30, 2013, as permitted in Section VI.E.1 of the Agreement. The City also retains a two year option following the expiration of this extension. City of National City Emergency Medical Services Proposal 11/09/10 Page 1 • Provide funding of up to $6,000 per year for uniforms, books and supplies, or to fund scholarships for students to attend Fire and/or EMT training at Southwestern College, San Diego Miramar College, and/or Palomar College. • Section IV, subsections B.1 and B.2 are amended by adding the following: B.1. Effective November 23, 2010, the Ambulance Service Base Rate for Advanced Life Support is $1,664.51. B.2. Effective November 23, 2010, the calls for service for which the patient care meets transportation criteria as defined in the Medicare Ambulance Fee Schedule or successor versions thereof is $1,923.33. B.4.(b) Effective July 1, 2011, and annually thereafter, AMR may submit a request to the CITY for a rate increase to take effect on June 30`" of each Agreement year, based on the factors and calculations set forth in the Amendment. • The mileage rate set forth in Exhibit "A" to the Agreement is amended by increasing the mileage rate to $24.26 per mile, effective November 23, 2010. FEE SCHEDULE ADJUSTMENTS: A new fee adjustment formula is proposed in this Agreement. Proposed Structure Franchise Fees To National City RCCP Paid to AMR Net Payments to National City Actual FY09 $199,992 ($120,388) $79,604 STAFF RECOMMENDATION: Actual FY10 $244,260 ($116,223) $128,037 Estimated FY11 $410,457 ($119,421) $291,036 Estimated FY12 $416,278 ($119,421) $296,857 Estimated FY13 $428,271 ($119,421) $302,794 1. Authorize the Mayor to sign the First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. City of National City Emergency Medical Services Proposal 11/09/10 Page 2 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. This First Amendment to the Agreement By and Between the City of National City and American Medical Response Ambulance Service, Inc. ("First Amendment") is entered into this 23rd day of November, 2010, by and between the City of National City ("CITY") and American Medical Response Ambulance Service, Inc. ("AMR"). RECITALS A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc." ("Agreement"); and B. WHEREAS, the CITY and AMR now wish to amend the Agreement by amending Section II, Subsection A.11(f); Section IV, Subsections B, 1 and 2; and Exhibit "A" regarding mileage reimbursement. C. WHEREAS, the CITY and AMR desire to exercise the option to extend the term of the Agreement for two years, following expiration on June 30, 2011, as provided for in Section VI, Subsection E. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree as follows: 1. The term of the Agreement is extended for an additional two years from the time the current agreement expires on June 30, 2011 to June 30, 2013, as permitted in Section VI.E.1 of the Agreement. 2. Section II, Subsection A.11(f) is amended by modifying the last sentence of the paragraph as follows: Provide funding of up to $6,000 per year for uniforms, books and supplies, or to fund scholarships for students to attend Fire and/or EMT training at Southwestern College, San Diego Miramar College, and/or Palomar College. 3. Section IV, subsections B.1 and B.2 are amended by adding the following: 2010 Amendment to Agreement 1 City of National City and American Medical Response B.1. Effective November 23, 2010, the Ambulance Service Base Rate for Advanced Life Support is $1, 664.51. 8.2. Effective November 23, 2010, the calls for service for which the patient care meets the criteria of "ALS2" as defined in the Medicare Ambulance Fee Schedule or successor versions thereof is $1, 923.33. 4. Section IV, subsection B.4 is amended by replacing subsection B.4.(b) with the following: B.4. (b) Regular and Ordinary Annual Rate Increase. The CITY through the Director of Emergency Services may annually increase specific ambulance rate categories in Exhibit A to the Agreement, if there have been no substantial changes. Effective July 1, 2011, and annually thereafter, AMR may submit a request to the CITY for a rate increase to take effect on June 30th of each Agreement year, based on AMR providing justification based on the factors and calculations set forth below: (1) The adjustment will be determined by multiplying the existing rate categories by the average of the percentage changes of the US - Medical Care Services and West -All items cost of living indexes (this calculation is hereafter referred to as the "Inflation index'). Calculation and application of the Inflation Index will occur as follows: i. The parties will review the CPI applicable to each of the US -Medical Care Services and West -All Items cost of living indexes. ii. The amount of the adjustment will be the equally weighted average of the percentage changes of these cost of living indexes. iii. CPi is as compiled and reported by the U.S. Department of Labor, Bureau of Labor Statistics for the most recent twelve (12) month period, not seasonally adjusted. iv. This figure will be used to compare rates in effect since the last price adjustment for the ambulance provider whose rates are being evaluated. The inflation Index will thereafter be modified to adjust for AMR's inability to collect from fixed government payors, i.e., Medicare and Medicaid, as follows: 2010 Amendment to Agreement 2 City of National City and American Medical Response (2) Any request for a rate change shall be made by May 31 of the Agreement year. Notice to the CITY shall be mailed on or before May 31st of each Contract year of the rate increase request. Sample Calculation Example: Step 1 US - Medical Care Services West - All Items Weighted index Step 2 CPI Index Weight 4.00% 50.00% 1.00% 50.00% 2.50% The parties will adjust the weighted index to account for the effect of fixed government payors, e.g., Medicare and Medicaid. Example: Proposed Annual User Fee Adjustment Calculation & Incremental Yield US - Medical Care Services South - All gems Weighted index Step 3 WeiaN 4.00% 50.00% 1.00% 50.00% 250% Medicate 27% Medicaid 11% Insurance & Self Pay fit% 100% 1.00% 40.00% 10.80% Outside Contractors control 0.00% 0.00% 0.00% Outside Contractors control 250% 100_00% 6200% Contractor remains at dsk to manage collections effectively 72.80% {CB lit iet 01oot teeincrease Potential collection of user lee increase: Net cash flow: 3.43% 72.80% 2.50% Mast increase rates by this percentage to realize net rash flaw The parties will review the Medicare Inflation Index for ambulance services, issued annually in January, by the Federal Centers for Medicare and Medicaid Services ("CMS). This information will be used to determine Medicare's estimates of and allowances for inflation since the AMR's last rate. 2010 Amendment to Agreement 3 City of National City and American Medical Response 5. The mileage rate set forth in Exhibit "A" to the Agreement is amended by increasing the mileage rate to $24.26 per mile, effective November 23, 2010. 6. Each and every provision of the "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc.", dated June 20, 2006, shall remain in full force and effect, unless specifically amended by this First Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY AMERICAN EDICAL RESPONSE AMBULA ERVICE, INC. By: B Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney itle: Co/cr e)=rc�n�< Name: 2010 Amendment to Agreement 4 City of National City and American Medical Response RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC., FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE TRANSPORTATION SERVICES WHEREAS, on June 20, 2006, the City of National City ("City") and American Medical Response Ambulance Service, Inc. ("AMR"), entered into an Agreement through the adoption of City Council Resolution No. 2006-106, to provide basic and advanced life support ambulance transportation services at no cost to the City; and WHEREAS, the City and AMR now desire to make the following amendments to the current Agreement: • Extend the term of the Agreement for an additional two years from the time the current agreement expires on June 30, 2011 to June 30, 2013, as provided in said Agreement. • Make Fire and/or EMT training scholarships available to students of San Diego Miramar College and/or Palomar College, in addition to Southwestern College. • Increase the ambulance services base rate from $1,036.37 to $1,664.51 per transport. • Increase the cost for calls for service during which patient care meets transportation criteria, as defined in the Medicare Ambulance Fee Schedule or successor versions thereof from $1,170.19 to $1,923.33. • Increase the mileage rate from $22.13 to $24.26 per mile. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a First Amendment to Agreement between the City of National City and American Medical Response for Basic and Advanced Life Support Services, extending the term of the Agreement for two years, adjusting the scholarship program to include additional colleges, increasing certain ambulance service rate schedules, and increasing the mileage rate, all as stated in the First Amendment. Said First Amendment to the Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 40 EM TITLE: Resolution approving a modification of a previously approved Tentative Subdivision Map for the Centro/ Revolution 2 Condominiums located at 41 East 12th Street. (Applicant Andrew Zlotnik) (Case File 2010-32 M (S-2006-5) IwzY PREPARED BY: Martin Reeder DEPARTMENT: D'vcs/Planning. PHONE: 336-4313 APPROVED EXPLANATION: The City Council voted to approve this item at the November 23, 2010 public hearing. The attached resolution is needed to follow through on the action. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the attached resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE CENTRO/REVOLUTION 2 CONDOMINIUMS LOCATION: 41 EAST 12TH STREET APPLICANT: ANDREW ZLOTNIK CASE FILE NO. 2010-32 M (S-2006-5) WHEREAS, application was made for approval of a modification of a previously approved Tentative Subdivision Map for the Centro/Revolution 2 Condominiums located at 41 East 12th Street within the City of National City on property generally described as: Parcels 1 & 2 of Parcel Map No. 10377, filed in the Office of the County Recorder of San Diego County on August 27, 1980, as file No. 275023, Official Records, in the City of National City, County of San Diego, State of California WHEREAS, the modifications were requested by the applicant to remove and/or modify conditions of approval related to public art, expanded transit services, business improvement, parking and landscape maintenance district requirements, specifically to bond for public art (condition no. 7), remove condition no. 15-b related to a transit (15-c is now 15-b), and to allow for annexation into the specified districts when formed and/or are accepting members. WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on November 1, 2010, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on November 23, 2010, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2010-32 M (S-2006-5), which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified, and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan because it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. Resolution No. 2010 — November 23, 2010 Page 2 3. The site is physically suitable for the proposed type of development because the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development because the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents, and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision based on consideration of local climate, topography, property configuration, and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council hereby approves said modification of a previously approved Tentative Subdivision Map for the Centro/Revolution 2 Condominiums located at 41 East 12th Street, subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-5), dated January 20, 2006, except as modified by the conditions of approval. Resolution No. 2010 — November 23, 2010 Page 3 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Reviews DSP-2005-1 and DSP-2005-5. 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval, and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval, and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The developer shall bond for an approved public art program. The approved public art program shall be installed, constructed, or implemented prior to occupancy of the Revolution 2 condominium project or any other development project ultimately located upon the property adjacent (currently APN 556-554-17) to the Centro development. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street fumiture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 15, 2006. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Resolution No. 2010 — November 23, 2010 Page 4 Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. The City is currently preparing a sewer study that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8- inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. g) Resolution No. 2010 — November 23, 2010 Page 5 h) A soils engineering report shall be submitted for the Engineering Department's review after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City Modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with National City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes, including certification, acknowledgement, complete boundary information, and monumentation. o) The subdivider shall submit an approval letter from Sweetwater Authority stating that the fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the Final Map approval. p) The developer shall bond for the monumentation, the public improvements, and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. Resolution No. 2010 — November 23, 2010 Page 6 r) The Final Map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated September 13, 2005 and March 16, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall upgrade the sewer line serving the project area to 12-inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. d) The developer shall install streetlights along the public plaza, alley, and 12th Street frontages. 12. Fire Department Requirements. The applicant shall comply with all National City Fire Department requirements, including the listed requirements contained in Fire Department memoranda dated October 4, 2005 and March 21, 2006. a) Project to be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance, and the most current National Fire Protection Association (NFPA) Standards, as adopted by the City of National City. b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Smoke control system will be required. e) Class I standpipe system will be required. Resolution No. 2010 — November 23, 2010 Page 7 f) Minimum fire flow requirement will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. g) Fire Department central control station will be required. h) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 edition of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard and 12th Street with a larger shelter (or two smaller sizes), and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to the National City Police Department ("NCPD"). Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. b) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench, if warranted. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority, but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. Resolution No. 2010 — November 23, 2010 Page 8 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the Morgan Square Business Improvement District shall be required at the time that the District begins accepting additional assessments. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the landscape maintenance district shall be required at the time the district is formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. Incorporation into the parking district shall be required at the time the district is formed. 21. Acceptance of Conditions. The applicant and the property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interests or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City, and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval, unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2010 — November 23, 2010 Page 9 BE IT FURTHER RESOLVED that this resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO, 41 EM TITLE: A Resolution of the City Council of the City of National City to approve, accept, and file Centro/Revolution 2 Subdivision map with a street dedication located on the north side of 12th Street and A Avenue (S-2006-5) with the County Recorder for recording. PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: DEPARTMENT: Development Services/ APPROVED Enr wing Division The owner of the Centro/Revolution 2 subdivision, located on the north side of 12th Street and A Avenue has submitted a final map for the City Council's approval, acceptance, and filing with the County Recorder. The final map consists of two parcels and 61 condominium units (east parcel). The property has an existing commercial building that will eventually be removed to accommodate additional units. The Planning Commission, on June 5, 2006, reviewed and approved the tentative map. The City Council approved the tentative map by Resolution 2006-112 on June 20, 2006. However, the tentative map has been recently amended due to changes in the conditions of approval. The amended items will be incorporated into the Subdivision Improvement Agreement. The Final Map remains unchanged. The Development Services and the Redevelopment Departments have reviewed and approved the final map. There is a street dedication running between E.11th Street and E.12TH Street to be named A Avenue that the City ccepting on this map. This resolution is a companion to the public hearing for the modification of the ditions of approval and the resolution approving those changes. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: esolution Jubdivision Map Centro RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT, AND RECORD THE FINAL SUBDIVISION MAP FOR CENTRO/REVOLUTION 2, LOCATED ON THE NORTH SIDE OF 12TH STREET AND A AVENUE, AND NAMING A DEDICATED PARCEL OF LAND WHEREAS, at a regular meeting of the City Council held on June 20, 2006, the City Council adopted Resolution No. 2006-112 approving the tentative subdivision map for Centro/Revolution 2, located on the north side of 12th Street and A Avenue, generally described as: Being a subdivision of parcel 1 and 2 Parcel Map No. 10377, in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 27, 1890, as File No. 80-275023, O.R. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act, and Title 17 of the City of National City Municipal Code have been complied with; and WHEREAS, the final subdivision map provides for a street dedication to the City of a portion of the land described above located between East 11th Street and East 12th Street to be named A Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for Centro/Revolution 2, located on the north side of 12th Street and A Avenue is hereby approved. BE IT FURTHER RESOLVED that the Mayor, City Clerk, and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. BE IT FURTHER RESOLVED that the dedicated portion of land is accepted and shall henceforth be known as a portion of A Avenue. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney MAP NO 3 Ci OWNER'S STATEMENT RE HEREBY STATE THAT IE ME TIE OA4ER" Cr OR ARE INTERESTED IN TIE LAD 9R11VIDED BY THIS MAP NO NE HEREBY rABENT TO PE PRPIRATIw AND RECRDATIIN OF THIS MAP JTSISTIAG Cr 3 9EET5. AE HEREBY DEDICATE 10 INC 00661C THAT PORTIp0 6 'A' A`ET E FLTN 17 AS 0066,2C STREETS A40 RELIC UTILITIES, AS SCAN dJ TIE VAP WITHIN 11I5 5L10DIVI)ION. THIS SUBDIVISION IS A COEOMIN2I6 PROJECT AS DEFINED IN SECTION 1351 OF THE CIVIL CODE DF THE STATE OF CALIFORNIA AND IS FILED P.R9IANT TO THE S1E301V15171 MAP ACT AND CASE FILE NO. 5-200B-5 APPROVED BY NATIONAL CITY COUNCIL RESOLUTION NO. 2044'l42. CONSTELLATION PROPERTY ^3i(A,P (A AVENUE), LP, A DELAWARE LIMITED PARTNERSHIP, AS TO PARCEL 2 CF PARCEL MAP N0, 10377. BY! COS'E1LAT:CN PROPERTY MANAGDEIU, INC. , A DELAWARE CORPORATION, ITS CZNERAL PARTNER, Ern AC. RUE: SIEWEN SC?TITLE VICE AE5IDE T EAST NEST SAW AS SUCCESSORS IN INTEREST TO UNITED CCMPERCIAL BAN(, AS T3 PARCEL 1 OF PARCEL MAP NO. 10377. BY, LN LL1iSl A9 N4AE EINDq L14 TITLE: svr r4' MILE: y>73 EAST REST 9AW, AS ASSIGNEE Cr TE FDIC AS RECEIVER 6 L0ITED WMERCIAL S.W. 4 CALIFORNIA AWING CV 001.110N, A5 BENEFICIARY U0436 CEEO CF TRUST RECORDED DECEAHR 24, 2007 AS INSTRUMENT NO. 2007-07891B0, D.R. AMIE Liu0R4 C. TITLE SAN pL&6'oJ MIL FIr COAANITY OEVELCPMENR CANISSICN OF TOE CITY Cr NATIONAL CITY, A RELIC EMT, SATE NNE POLITIC, 45 BENEFICIARY UNDER DEED CF TRUST RECORDED CECE:MBER 24, 2007 AS OOCU4ENT NE. 2007-C789163, D.R. BY: NAAD TITS BY: NNE TITLE THE SIONATIFE5 6 THE PARTIES LISTED BEFOR, DOPERS Cr E45EENT5 PER 000UET4T5 NOTED BELOW HAV[BEEN ONITTFD LACER THE PROVISIONS OF YCTION 66436 SUBSECTION (0)(3)4)0) 6 11E SADIYIS1DI MAP ACT, TEIR INIUt]r IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE ME SAID SIGWTJPES ARE 491 RFWIREO BY TIE WVEFNIW Ropy, K116ALL BROTERS RATER CCAPANY, BOOK 7, PAGE 124 6 DEEDS, RECORDED OCTOBER 14, 1669. THE CITY Cr NAT ION4L CITY OCR DOa4ENTS RECORDED 4LGus1 27, 1980 A5 COO. NO, 80-275020 AND AUGUST 29, 'D80 AS COG. N0, Bo-278177 OF OFFICIAL NECORCS. SAN DIEGO CMS MD ELECTRIC EDPANY, WC. W. 1981-19691B, REC(11:[ED .LIE 25, 1911, 0 R. SAN DIEGO GAS ANO ELECTRIC AVANT, WC. NO, 2008-D533750, RECORDED 11ECCBEF 12, 2018, O.R. CENTRO / REVOLUTION 2 CASE FILE NO. S-2006-5 IN THE CITY OF NATIONAL CITY FOR CONDOMINIUM PURPOSES BEING A SUBDIVISION Cr PARCEL 1 No 2 DF PARCEL MAP NC. 10377. IN TIE CITE OF NATIONAL CITY, GOWN OF SAN 01EGB, STATE 6 CA.IFGRNIA, FILED IN TIC OFFICE Cr 11E CONEY RECORDER cr SAN DIEGO OD.NT' ON AU'A51 27, 19BO, AS FILE NO, 80 275C23, O.R. SUBDIVISION GJMANTF0 FOR TH15 SUBDIVISION FLFRI9EC BY 9159*4T TITLE OF CR,IF0MN1A, INC, CFCEN E. 7034-291E27 SATED STATE OF CAUFORN,A ) COUAAO.n OF SAN DIEGO ) Ss CN161-/1L11-2'((201D y-�ESCRpE ME Cps— A NOTARY PUBLIC PERSON ALLY APPEARED i7CT .G yJ1e WN0 °R((OggV{{ED TO ME ON (�NT;(E1B7AA55ISSOF SATISFAc10Ar E'AOENCE To 00 E wITHIN IDDYE PER�SACIINOW.EDOEDNTO EME EXECUTED D THE SA' ON TI/T THEIR AUTHORIZED CACAO AAD BY 52*1 4 INSTPWENT ENE PER ), OR THE ENTITY UPON BEHALF OF WE ,THE PERSON(9) ACTED, EXECUTED THE INSTRUMENT, I CERTFY ENDER PENALTY DR PERJURY UNDER THE LAWS CF THE 5TA1E OF CALIFORNIA THAT ME FOREGOING PARAGRAPH 15 TRUE AND CORRECT, W11NE55 MY NANO. SIGNATURE _ TJJ191AkNatll'Ahllc NAME\.NYW 1-1,1qq 00 /0 NOTARY PU80C IN ANDWOR SAID COUNTY AAD STATE PRINCIPAL COUNT• OF BUSINESS. COMMISSI0N EXPIRES .011 1(P) 71I cOMMISSION I Dr NOTARY; IiSi,?30 STATE OF DAUFORN,A ) COUNTY 6 LAS AFV544C0 ) 55 ON F44u pt 41 2010 , BEFORE uF3�Y31f`"- A OTARY Fu9UC PERSONALLY APPEARED L'✓M6 LO.NYL 71 *R2V1CA.) '11U Y2CV) WH0 PROVED TO ME ON 1HE BASIS OF SATISFACTORY E`AO'_NCE TO BE THE PERSON(S) AROSE HA"E(S)JR/ARE RIBRIDE) TO 144E 61TNI4 INSTRUMENT AND 4CRN0YNEDCED TO ME THAT AEI /;ME/T1AMERE,YepEXECUTED THE SAME IN MI5/HERS THEIR AUTHORIZED CAPA0TY(IES) AND BY BMS//MEW A.'T'AR1RE( IX1 101E INSTRUMENT THE PER50N(5), DR ME DIRTY UPON REHAB' 6 MAD/ PERSCN(5) ACTED, EXECUTED THE INSTRUMENT, 1 CERTIFY UNDER PENALTY OF PERJURE UNDER THE LAWS CF THE STATE OF CAUFORNIA 1HAT NE FOREGOING PARAGRAPH IS TRUE AND CORRECT. 'WI'NESS MY HAND. /l 9CN4TME 10r./11 NAMe 3EC11.116?.r LOIHNI LOAM t i NOTARY PUBLIC IN AND FOR SOD COUNTY AND STATE PRINCIPAL CWNr, OF BUSINESS' LEX; t?rlgeioUT COMMISSION EXPIRES _T141v) (5, D2(2. COMMISSION I OF NOTARY: )1306°1qi0 COUNTY TREASURER'S CERTIFICATE 9E, COA10 TREA51#R/TA OLIECTER 6 THE =ANTY 6 SAN DIEGO, STATE 6 CAIFOTNIA MD DIRECTOR, DEPARTENT Cr RELIC WOWS 6 SAID CANTY, HEREBY CERTIFY THAT PERE ARE NO UNPAID 7ECIAL A574EH15 CR BUDS 'HID, MAY NE PAID IN FUl,, SHORN BY HIE BCO(5 Cr OLR OFFICES AGAINST THE TRAC1 w sueo !SIGN, 0P ANY FART THEREOF DOT: ON ITC ANNEXED MAP A4D DESCRIBED IN THE CAPTION TEECF, COUNTY TRCA0RER/T16 C:LECTOd AN SYN DER DIRECTOR. TEPART6F4IL 6 RELIC WORKS DATE P. PATE: DEPUTY STATE OF CALIFORNIA ) COUNTY OP LOGYHp.j€1 r, ) so CN I'AA..AkRn 15.YO1,'�EFCRE ME n^'�f L.0"' L6 NOTARY PUBLIC PERSONALLY APPEARED LindA lam O 1,-lancv) -Tillman WHO PR0.0D TO ME ON 144E BA515 0R SATISFACTORY EVIDENCE TO BE THE PERSON(5) %HOSE NAMC(5)48/ARE SUBSCRIBED TO THE 'WITHIN INSTRUMENT AND ACNNG%TEDGED TO DAME THAT HE/SHE/THEY EXECUTER THE SAME IN WB/5BP/ 11-OR AUTHORIZED CAPAOTY(IES) AND BY WB71HEK/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(5), OR THE ENTITY 0,04 BEFALL 6 WHICH THE PERSON(5;. ACTED, EAECDTED NE INSTRUMENT 6RTHY UNDER PENALTY 6 PERJURY UNDER PC LAWS OF THE STATE 0R CAL/ENNA THAT THE FOREGONG PARACRON 5 TRUE AND CORRECT. 1W1NE55 MY HAND, SCNAnRe 1, (%%�.%�j_1 �,' NAME AT?1NIN.DcRi/ (* If14 Lam -HO NOTARY PUBLJC IN AND FOR SAD' COUNTY AND STATE PR'N0PAL COUNTY OF BUSNE55: LPX„ ALAn GCMMIS95N EXPIRES: '.)1n(v4 15 2011 CO4410S1DN I OF NOTARY ',b,OCnggip STATE OF CA500461A ) COUNTY OR ) 55 SHEET 1 OF 3 SHEETS SURVEYOR'S STATEMENT I. G. HOw9D oYE. A LICENSED LANE SU vEYIXR, CF THE STATE OF CALIFORNIA, HEREBY STATE THAT THIS MAP WAS PREPARED BY ME CR AMER MY 01RECTICN BETWEEN NOVEARER 2D05 ANJ AMNJARY 2006 MD IS BASED UPON A FIELD SIF9Er TN COMMIX/AAICE WITH TIE RE91RE4ENTS REOUIRGINTS OF DE 00,7f41S1ON MAP ACT AND LOCAL ORDINANCE AT pc REQUEST Cr CONSTELLATION PROPERTY GROUP (A AVENUE), LP, A DELAWARE LIMITED PARTNERSHIP, ANC ALL MONUMENTS ARE OF TA( OHARAC-ER AND OCCUPY THE POSITIONS SHOWN HEREON, ANC I WELL SET All D1HER MONAMEMI5 Cr CHARACTER AM AT THE POSITIONS INDICATED BY, TIE LEGEND IN THIS MAP WITHIN 30 DAYS AFTER COMPLETION OF THE REWIRED 11PROVEMENTS AND ALL SUCH 4ONJMENTS ARE rn PILL BE SUFP"CIENT TD ENABLE THE SURVEY TO BE TRACED (SEE LEGEND. ON SEE' NO. 2). I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CUK'OR45 TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. A A ARD D C`5A06B MY RE01SR4TICN EXPIRES B-30-i2 I MARYAM BAB4K1, CITY ENGINEER STATE THAT I HAVE EXAMINED THIS MAP. THAT TEE SUBDIVISION :5 SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP ANC ANY APPROVED ALTERATIONS THEREOF: TEA' ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND THE 4UNICI?4L CODE OF THE CITY OF NATIONAL CITY HAVE BEEN COMPLIED WITH. ON , BEFORE ME A NOTARY PUBLIC 4ARYAM BADAKT - CT PERSONALLY APPEARED WHO PROVED TO ME ON THE BASS OF SATISFACTORY ENDENCE TO BE 111E RERSON(5) 94409E NAME(5) 1/ARE SUBSCRIBED TO THE W1HIN INSTRUMENT AND ACNNC4TCDGED TO ME -RAT BF/SHE/RE, DECUTED 144E SAME IN HIS/HER/ THEIR AUTHORIZED C4P6DTYBES) AND BY HIS/HER/THEIR SGNATJRE(5) ON THE INSRUMENT THE PERSON(5), 0R THE ENTITY UPON BEHALF OF WHICH ME PERSONS) ACTED, EXECUTED THE INSTRUMENT. 1 CEA111Y UNDER PENAL:" 6 PERJURY UNDER THE LAWS OF 144E STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH 16 TRUE AND CORRECT. 9ATNESS MY NAND. S&.CRATERE: NAVE. NOTARY PUBLIC ,N AND FOR SAID COUNTY AND STATE PRINCIPAL COUNT' OF BUSNESS: COMMISSION EXPIRES. CD4M1550N Y CF NOTARY: CRT' CLERK CERTIFICATE RE, RON MCRRISCN, MAYOR MD MICHAEL R. CALLA, CITY CLERK OF NATIONAL CITY, CALIFoRNIA, RETIED% CHAT IFY THAT THE CITY :OL16clL eT RESOLUTION NO, 2010- HAS APPROVED THIS MAP OF MNTRO/REVOLUTION 2 CGYSISTING OF 3 S9EET5 AND DESCRIBED IN THE CAPTION TEREOF, THE VACATION Cf TIE Ex2STING SEWER, RATER NE S1061M DRAIN EASEXENTS AS 9YWNN ON SAID MAP, AND HAYS ACCEPTED, ON BEHALF OF TIE PUBLIC ABJECT 10 INPROVENENT A PORTION OF 'A' AVENUE A5 DEDICATED ON THIS MAP. BY BY NATIONAL CITY, C*IP]RNIA M ICHAEL 8. CALLA CITY CLERK 6 NATIONAL CITY, CALIFORNIA R.C.E. 41739, EXPIRES 3-31-12 1 AM SATISFIED 1HA- THIS MAP IS TE0E,ICALL 7- 4. wolf/ A B-155 ..S. 5552, EXPIRES 9-JO-11 //-/C -/O JAIL CLERK OF THE BOARD CERTIFICATE I. TCMAS J. PASTS7IU, CLERK OF "E BONE/ OF 9.PEVISORS, Cr SAN DIEC0 0Ntt, HEAOH CERTIFY THAT THE PROVISICe6 OP TIE SLEETY/SUN MAP ACT (DIVISION 2 6 TITLE 7 CF TIC GWERMENi DOM 6 OF M STATE 6 CALIFORNIA) REGARDING (A) DEPOSITS FOH TARES NO (B) CERTIFICATION CF THE NANEE 6 LIENS FOR UNPAID STATE,CANTY, MNIC:FAL OR LOCAL TAXES oP SPECIAL ASSZ55NENTS COLLECT) AS 10,05, EXOEPT 11SSE NOT YET PAYABLE, HAVE BEEN CO/PLIED R11H. THOMAS J. PASTS A, CLERK Cr THE BOARD OF SUPERVISORS BY' DATE GEPUIY RECORDER'S CERTIFICATE FIT,£ NO R,DD MIS DAY OF IN THE BOCK DE MAPS A' PAGE G. HOWAPC DYE, DANC L MICR COUNTY RECORDER Br FEE 31400 DEPUTY COUNTY RECORDER A011METREWEST M Snipes -Dye associates Eh!! englneen end lend surveyors ewe GETTER PRE,, STE. G. LA 9c5A, CA 91992 TELEPHONE (ew) 59E-92J4 RAY (e19) 412-2033 CALIF. C0tl0U. INDEX 165-1737 CASE FILE NO. 3-2006-5 MAP NO 60 5 47 34 17 E 'v _ > - F0JO 3/4' IRON PIPE WITH C.16' 'A. DISC STAAF5 RCE 8195" pE � \\ PER P.M. 10377, SEE R.O.S, PL' q•,�.{N }" 7415 91 N A\5 FCUAD 3/4' IRON FIFE WITH E 6 n 0 5' DISC STAMPED 'RCE 6195' Oj 1.0 52 PER P,M, 10377 N 72 99' G/ \ =,.% DETAIL'A' �� , NO SCALE FOUND STANDARD STREET-" MCN,AENT STAA3ED ' 19T! 379' PER C.R. 16240, SEE 6,0.5. 9415 CENTRO / REVOLUTION ,2 CASE FILE NO. S-2006-5 IN THE CITY OF NATIONAL CITY 62�°1.i R CONMINUM PURPOSES N 55' 19' 51" F �PROCED RE IOF SURVEY �„ V Po� " i fi92,gp p 5 y> 61 S /-4\ Ac' \\ o. `g�AA \\ \ 4 m CO terra � 1 9 ...."'"A r8_ \'A, \''. /IICE ��t -1 ' \�- m P \>, C T 91811 9'' 'PT 31' R 0 P 15:R7 FOUND LEAD k DISC STAFFED LS 6000' IN TOR OF CURB AT SOUTH ENO OF 6TH STREET TRF4 IF1 STATION, NDRTH SIDE CF 6TH SINkk1. EAST OF TRACKS. 500A/- EAST OF HAR22R DRIVE. E'6296197.687 E�296197.BB7 d-10, 99'-; 60 `,\ 22 A 86,768' GRDLM $, Q� \ N j2 j pN STATION 'FT 10' R 0,5 15457 F1 1 2' IRON PIPE WITH DISC STAN'ED 'LS 600C" s \' �, AT THE HE NORTHEAST CORNER OF CCENTER DRIVE \N in i AND PELSON AVENUE, FEH(RO A.C.C. 5 SCENTERIDEWALK AT \ 9 -13 465. \P 1.7.757 \al �i0 0-062968587.557 5 00 '0" EL-11 .92'--) 1 40 `'0 N 17.55'02' w \ I 60 3.00' E ;� 09 pz9 123 160 FQfp $TANGARD STREET NJMMENT \�� PER R,0.5. 13446 SCALE: 1'. 60' No_ NO RE LEA, Y ACCEPTED AS RECORD, USED FOR AS SHOWN. JSEO FOR �. \ w. LINE ONLY ,,, T DETAIL 'C' NC SCALE 103 11 �— FOUND STANDARD STREET 46N.AENT STAMPED "1077 796' PER C.R. 16240, SEE R.C.S. 9415 � 1 \ , 56 •35 00 AO \\ J SHEET 2 OF 3 SHEETS LEGAL DEBCRIPTIONI PARCELS 1 k 2 CF PARCEL MAP N0. 1C377, IN THE CITY OF NATIONAL CITY, COUNTY OF 5AN DIEGO, STATE CF CALIFORNIA, ACCORDING TO MAP TFEREOF FILED IN T9E OFFICE OF THE CO NTT RECORCEN OF 5AN DIEGO COUNTY, AUGUST 27 198C AS FILE NO. 275023, P-FICIA., RECORDS, AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED 0CTOBER 21, 1980, AS FILE NO. BO-3460E7, OFFICIAL RECORDS. LEGEND O • DENOTES SET LEAD k DISC STAMPED 'LS 4068', 1Al FPR OTHERWISE NOTED HEREON, O - DENOTES SET 2' A 24' IRON PIPE W/ BRASS DISC STAMPED.'LS 4088', • - DENOTES FOL40 MONUMENT AS NOTED IERECN. ■ - DENOTES FOUND LEAD k DISC STAMPED 'ROE 19C73' PEA R,D.S 9415. UNLESS OTHERWISE NOTEDHEREON, ♦ - DENOTES FOUND NA0 63 MCNAENT AS 40TED HEREON. 1 I - DENOTES RECORD DATA PER MAP 565, 'UNLESS OTHERWISE NDTED 1ERECN, THE TOTAL GROSS AREA IS 1,9875 ACRES, THE TOTAL PE1 AREA I5 1,853 ACRES. BASIS OF BEARINGS; TYE BASIS OF BEARINGS FOR THIS SURVEY 15 TFE NA083, ZONE 6, GRID BEARING BETWEEN STATION "PT, 30' AND STATION 'PT. 31', (BOTH HAVING A CALIFORNIA COORDINATE VALUE OF FIRST ORDER ACCURACY OR 8E1'IER(. SAOD STATIONS ARE PJ1L19ED ON RECORD OF SLAVE,' NO. 15487 HCRIZOWTAL CONTROL BOON. 1,E. N 24.00'14' W CUOTED BEARINGS FROM REFERENCE MAPS 0R DEEDS MAY OR MAY NOT 8E IN TERMS OF 5A10 SISTER. TIE CCAEIIED GRID FACTOR AT STATION 'PT. 30' I5 1,00002553 GRID DISTANCE GRCU`C DISTANCE X COMBINED GRIC FACTOR. 9^\5T FODN'0 NAIL k MSC STAMPED STAMPED "CITY ENGR' PER R.0.5. 9415 k P,M. 10377 N88'12'1A'E FOJNG 3'4' IRON PIPE WI'H DISC STAFFED 'ROE 8198' PER P.m.'0377, CRSTROYED DURING CONSTRUCTION FOUND 3/4' IRON PIPE Fri.! CONCRETE PLUG. DISC MISSING. \ Al DESTROYED DyR11G CONSTRUCTION 60'15.35" E 0.17' DETAIL 'B' N7 SCALE N N CONVERGENCE ANGLE AT STATION -00' 26' 22, 21'—�` L I6+ -SD- VICINITY MAP NO SCALE 6 -. TARS. BR05. 309 (Het Snlpee-Oye eNtWe nclam d4M agbresn and Ind s8nnTyVFa 8348 CENTER oq6, STE. 0 04 MESA CA91842 TELEPHONE (G16) 691-9234 FAX (6191 F80-2033 CALIF G0DR0 INDEX 185-1737 CASE FILE NO. 3-2006-5 • a MAP NO. a Z 30 NW.. .243W 330. 21' (330.24' R.O.S. 13490) (N17 85'3TM 300.13 R 0 S 9415) CENTRO / REVOLUTION 2 CASE FILE NO. S-2O06-5 IN THE CITY OF NATIONAL CITY FOR CONDOMINIUM PURPOSES MAP 155 20' 7 2 3 h4 00 5 7 P 2 1G '$ N 72'04'07' E 40' 40' W 661.99' (N 7 '03'42' E MAP '155 852.01' R,C.S. 2415) (11" STREET CLOSED) 330,99' (331.01' 6.0.5. 9415) 331.00' (331.01' R.C.S. 9415) (331,C' MAP (599) 4C40.00' (N 72'02'35' E TH 250. •' P.M, '10377) I) 135.00' (P.M. 10377) — 116,99' 11 STREET $ �$ 29.00' (135.12 R,0.5. 9415) (116,7' P,M. 10377) (115.09' R.O.S. 0415) N 72'04'07' E 195.50' (195.56' P.M, 10377) �$ `,2A N 17'44'31" w 30.00' (N 17'47'22' M 30,00' P.M. 10377) 139.50' SET GEAR SPIKE k 911PER �hh STRIPED 'L5 4066' ldl EXIST. 37' SEWER, WATER Y GRA:NAEE EASEKNI VACATED HEREON. LOT 2 0.834 ACRES GROSS/NET 29 26 37,00 g, 40' EXIST. 40' SEWER, WATER k STORM DRAIN 0ASEIENT VACATED 5ERE0N. 1 bl 0 130,50' 30 60 90 SCALE 1'• 30' 55.00' LOT 1 0.619 ACRES GROSS/NET P0971 ON 6 •A' 4vENLE GED:GATED A. ACCEPTED N 72'04'50' _ 293.50' 8. 343.00' NiJ HEREON 1 100,00' N 72134150" E 862,01' (N 72'04161' E 662,12' R.0.5. 9415) 12TH STREET ire POP, ELK 2 MAP 555 _ r N 72'04'58' E 35,01' $ ' (N 72'04'00' E 35,00' P,M. 10377) $a 2' 319.01' 6,00' 151.00' $ 0CYWID NA1'_ k DISC STAMPED 'CITY DNGR' PER R.C,S, 9415 Y P,M. 10377 0 W 140.00'-� 40' 7 p 2 SHEET 3 OF 3 SHEETS EASEMENTS, V UTILITY EASEMENT GRANTED TO K1W,ALL BROTHERS - WATER CEAPANI' IN E103( 7, PAGE 1214 6 DEEDS, 000REEO OCTOB R 14, 1662. (CANNOT BE RATTED) (') 37-FOOT SEWER, WATER Y DRAIN EASEMENT A5 SHOWN ON PARCEL MAP N0. 10377 VACATED HEREON, (NC OWNERS1? 5H06`1 OIV 5,40 PARCEL MAP). 0 SEWER, YATER Y STOY DRAIN EASEMENT GRANTED TO CIF' Cr NATIONAL GIP' PER CDC. No, 1960-275020, 4C6dEE AI0.T 27, 1960, O.R. VACATED HEREON, SEVER, WATER Y STORM DRAIN EASEMENT PER DOC. No, 1960-276177, REC0FdED A'AST 29, 1860, O.R. VACATED EEEW, 0 PLALIC 011L)IY EASE5ETT GRANTEE, TO SAN DIEGO GAS uO ELECTRIC CCAPANY PER COO, NO. 1961-190910, RECPREE➢ OK 25, 1961, O.R. (CM140T BE ROTTED) © P.IFLIC urILIT' EAg6ENT GRAVED TO SAN DIESO GAS MIJ ELECTRIC CCAPAKT 905 DOC, N0. 200P- 5Xi750, ROOMED OECE'YER '2, 2065, O.R. CCMNOT EC RATTED) CONVERGENCE ANSLE AT STATIOI 'PT,JO' • -00'25'22.21'—�� or, Snlpea-Dye asaociatea U.El englneerf end lande0,6900ie 6340 COME4 0459E SHE, 0, 09 MESA. CA 91442 14.IFPHCNE (WO 647-9214 rho ;619) 466-0033 CALIF, 000R0. INGEK 185-1737 CASE FILE NO. S-2006-5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 42 EM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to approve restriping of E. 8th Street between Palm Avenue and Harbison Avenue from 4 travel lanes to 3 travel lanes (1 westbound and 2 eastbound) with left -turn lanes at intersections to enhance traffic safety, maintain parking, reduce cut - through traffic, and provide consistency with planned traffic calming and safety enhancements on E. 8th Street west of Palm Avenue to Harbor Drive (funded through City Street Resurfacing Program) PREPARED BY: Stephen Manganiello, Traffic Engineer /Z/�1�t DEPARTMENT 3 PHONE: 619-336-4382 /� APPROVED BY EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Se7ices/Eng. Finance APPROVED: V MIS The funds are available through project account numbers 307-409-500-598-6035 ($1,760,034.37), 346-409-500- 598-6035 ($908,000), 109-409-500-598-6035 ($635,000) and 511-409-500-598-6035 ($739,965.63) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: xplanation z. Exhibit 3. Resolution Explanation As part of National City's General Plan Update, 8th Street has been identified as a "Community Corridor" to enhance pedestrian safety and access, provide traffic calming and streetscape elements, and promote walkability. In an effort to redevelop 8th Street into a true Community Corridor, the Engineering Division, with the support of City Council, applied for and was successfully awarded funding through the following three competitive grant programs: 1) TransNet Smart Growth Incentive Program - $2 million grant award (with $500,000 in City matching funds and $2 million in leveraged funds), 2) Federal Highway Safety Improvement Program - $900,000 grant award (with $130,000 in City matching funds and $200,000 in leveraged funds), 3) State Safe Routes to School Program - $450,000 grant award (with $150,000 in City matching funds and $500,000 in leveraged funds)_ These grant projects will deliver traffic calming, streetscape and pedestrian safety enhancements on 8t Street from Harbor Drive to Palm Avenue. The roadway cross- section will reduce from 4 travel lanes to 2 travel lanes with turn lanes at intersections between National City Boulevard and Highland Avenue, and reduce from 4 travel lanes to 3 travel lanes (1 westbound and 2 eastbound) with turn lanes at intersections between Highland Avenue and Palm Avenue. The lane reductions are planned to allow for wider sidewalks and corner bulbouts at specific locations, left -turn storage lanes at intersections, landscaped islands mid -block, pedestrian refuge islands, and additional on -street parking. On October 14, 2010 staff held a joint project workshop at the Chamber of Commerce to present this plan to the public. Residents and local business owners along the entire 8'h Street Corridor from Harbor Drive to Paradise Valley Road, extending north to 4'h Street and south to Plaza Boulevard were noticed. Those who attended expressed excitement towards the projects. Through the City's Street Resurfacing Program there is an immediate opportunity to restripe the adjacent portion of 8`h Street between Palm Avenue and Harbison Avenue, which is not currently covered by the grant projects, as a 3-lane roadway section with turn lanes at intersections to enhance traffic and pedestrian safety, maintain parking, and provide consistency with the aforementioned planned improvements located west of Palm Avenue. The attached exhibit illustrates the proposed striping enhancements. A traffic analysis was performed to determine if the new design could accommodate existing and future traffic volumes. The results indicate no significant impacts to operations. This portion of 8th Street was recently resurfaced and has not yet been restriped. The cost to restripe is already included in the current Street Resurfacing contract. Therefore, staff requests City Council authorization to restripe E. 8'h Street between Palm Avenue and Harbison Avenue from 4 travel lanes to 3 travel lanes (1 westbound and 2 eastbound) with left -turn lanes at intersections. 1 8th STREET CORRIDOR Nitmp-Ty STRIPING ENHANCEMENTS - PALM AVE TO HARBISON AVE ' HrouoxT6o RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE RESTRIPING OF EAST 8TH STREET BETWEEN PALM AVENUE AND HARBISON AVENUE FROM FOUR TRAVEL LANES TO THREE TRAVEL LANES WITH LEFT -TURN LANES AT INTERSECTIONS TO ENHANCE TRAFFIC SAFETY, MAINTAIN PARKING, REDUCE CUT -THROUGH TRAFFIC, AND PROVIDE CONSISTENCY WITH PLANNED TRAFFIC CALMING AND SAFETY ENHANCEMENTS ON EAST 8TH STREET, WEST OF PALM AVENUE TO HARBOR DRIVE WHEREAS, as part of National City's General Plan Update, 8th Street has been identified as a "Community Corridor" to enhance pedestrian safety and access, provide traffic calming and streetscape elements, and promote walkability; and WHEREAS, in an effort to redevelop 8th Street into a true Community Corridor, the City applied for and was successfully awarded funding through the following three competitive grant programs: 1. TransNet Smart Growth Incentive Program: $2 Million grant award with $500,000 in City matching funds and $2 Million in leveraged funds; 2. Federal Highway Safety Improvement Program: $900,000 grant award with $130,000 in City matching funds and $200,000 in leveraged funds; 3. State Safe Routes to School Program: $450,000 grant award with $150,000 in City matching funds and $500,000 in leveraged funds; and WHEREAS, the City desires to utilize these grant projects to deliver traffic calming, streetscape, and pedestrian safety enhancements on 8th Street from Harbor Drive to Palm Avenue by reducing the roadway cross-section from four travel lanes to two travel lanes with turn lanes at the intersections between National City Boulevard and Highland Avenue, and reduce from four travel lanes to three travel lanes (one westbound and two eastbound) with turn lanes at the intersections between Highland Avenue and Palm Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the restriping of East 8th Street between Palm Avenue and Harbison Avenue from four travel lanes to three travel lanes (one westbound and two eastbound) with left-tum lanes at the intersections to enhance traffic safety, maintain parking, reduce cut -through traffic, and provide consistency with planned traffic calming and safety enhancements on East 8th Street, west of Palm Avenue to Harbor Drive. -- Signature Page to Follow --- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 43 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Kimley-Horn and Associates, Inc. for a not to exceed amount of $149,160 to provide Civil Engineering g services for construction of National City's Safe Routes to School Project for Coolidge Avenue from E. 12 Street to E. 18th Street, facilitated by a Federal $730,000 SRTS grant ($149,160 funded by City General Fund)) PREPARED BY: Stephen Manganiello, Traffic Engineer DEPARTMENT: -velo jf Services PHONE: 619-336-4382 APPROVED B EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APP VED: ttp,,f Finance APP VED:gratiqi J7GusT�Y MIS Funds are available in Account Number 001-409-500-598-6173 in the amount of $149,160. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Agreement 3. Resolution Explanation In 2009 Caltrans approved a $730,000 Federal Safe Routes to School (SRTS) grant for construction of National City's Safe Routes to School Project for Coolidge Avenue from E. 12th Street to E. 18th Street at Kimball School. Required matching funds include $200,000 from the City General Fund for project management, design, engineering and public outreach. Consistent with the recently adopted Westside Specific Plan, the project will provide traffic calming, streetscape and pedestrian enhancements to convert Coolidge Avenue into a true "Community Corridor" and "Safe Route" to Kimball School. On June 28, 2010 the Engineering Division publicly advertised a Request for Qualifications (posted request in area newspapers, engineering journals and on the City's website) for Civil Engineering services for final design, preparation of plans, specifications and estimates, and public outreach for the project. On August 2, 2010 the Engineering Division received Statements of Qualifications from 10 consultant teams. A four -member review panel consisting of staff from Development Services and Redevelopment evaluated the submittals based on qualifications. Based on the results of the preliminary evaluations, three consultant teams were selected for interviews. Following the interviews, Kimley- Horn and Associates was unanimously selected as the "most qualified" firm for the job and was asked to submit a detailed scope of work and cost estimate. Kimley-Horn and Associates' cost proposal is $149,160 per the attached scope of work and fee schedule. The timeframe to complete these services in preparation for construction is estimated at 10 months from Notice to Proceed. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into this 23ro day of November, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kimley-Horn and Associates, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Civil Engineering Services for the Coolidge Avenue Safe Routes to School Project. WHEREAS, the CITY has determined that the CONSULTANT is a Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will provide Civil Engineering services such as preparation of plans, specifications and estimates for construction, surveying, geotechnical, environmental, traffic, utility coordination and public outreach. The CONSULTANT will perform services as set forth in the attached Exhibit "A" for a not to exceed amount of $149,160.00. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Traffic Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The 1 CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Scott Colvin, P.E. thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and- shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. • 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit W. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANTs written work product for the CITY's purposes, and the CONSULTANT expressly waives and 2 2 City's Standard Agreement — June 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this .Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplatesthe personal services of the CONSULTANT and the CONSULTANTs employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT(s) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 3 City% Standard Agreement — June 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13: NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information;.(ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 4 City's Standard Agreement — June 2008 revision . The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or otherproperty of any other person, firm or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature. and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damagearising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 City's Standard Agreement —June 2008 revision 5 F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. e I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial• Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 City's Standard Agreement —June 2008 revision 6 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with Charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Maryam Babaki, P.E. Development Services Director / City Engineer Development Services Department, Engineering Divsion City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Scott Colvin, P.E. Project Manager Kimley-Horn and Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 7 City's Standard Agreement — June 2008 revision 7 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable; telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT • represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday,Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 8 City's Standard Agreement —June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and. shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney KIMLEY-HORN AND ASS CIATES, INC. By: 9 Matthew Barlow Vice Psident Ivin, P.E. Assistant Secretary 9 City's Standard Agreement —June 2008 revision EXHIBIT "A" Kimley-Horn and Associates, Inc. October 26, 2010 Mr. Stephen Manganiello City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Re: Coolidge Avenue Safe Routes to School Project Dear Mr. Manganiello: Mr. Stephen Manganiello, October 26,2010, Page I 4018 Sheet Suite 600 San Diego. California 92101 Kimley-Horn and Associates ("KHA" or "Consultant") is pleased to prepare this letter agreement to the City of National City ("City") for the proposed improvements for the Coolidge Avenue Safe Routes to School Project ("Project"). Project Understanding This project will fulfill both the City goals and the grant for the Coolidge Avenue Safe Routes to School project_ Those goals are to enhance safety for the children/pedestrians, to enhance traffic safety, provide traffic calming, and enhance the visibility of the corridor. This project will provide a template for the City to use .as it continues to enhance similar corridors throughout the City. Scope of Services Task 1— Project Kick -Off Meeting Kimley-Horn will attend a kick-off meeting with the City to discuss the design concept and parameters, review project schedule, and review project budget. This meeting is intended to be a workshop format where the entire team will discuss project goals and objectives. Task 2 — Data Collection and Review Task 2.l — Data Collection and Project Set-up KHA will collect record information for the proposed work areas, to the extent readily available, from the City. Kimley-Horn will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, recently approved specific plan, redevelopment plans as well as back up information on the Coolidge Avenue Safe Routes to School project (including. application). Deliverables: Site photos available upon request. TEL 619 234.9411 FAX 619 234 9433 10 IGmley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 2 Task 2.2 Obtain Utility Service Information Kimley-Horn will partner with PCG to obtain existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. PCG shall provide professional dry utility system (gas, electric, telephone, cable television, fiber optic, and lighting) engineering, design, consulting, and coordination services, as described below. PCG's responsibilities includes: 1. analyzing and assessing existing dry utility conditions; 2. preparing plans and other documents required to assist the client and design team in understanding design and economic options; 3. preparing and submitting plans and other documents required by local utility companies; and assisting in design team with the preparation of project reports. • Request and obtain local utility company's existing facility, as -built, and other records from each utility company that have facilities located within and adjacent to project site. • Review and analyze utility companies existing facility records and other documents to help identify existing facility locations and systems types that will be impacted by the project. - • Perform site survey of project site to confirm information obtained from local utility company records and to accurately identify existing facility locations, sizes and systems types. • Prepare existing condition plan that accurately identify existing facility locations, sizes and systems types. • Prepare preliminary dry utility system plans that identify detail information related to the removal and/or relocation of existing dry utility systems impacted by proposed improvements. • Prepare plans, illustrations, exhibits, and other documents required to clarify dry utility design or economic issues. • Prepare budget estimates to identify probable utility construction and fee assessments related to utility system removal and/or relocation requirements. • Attend meetings and provide direct coordination services with design team, client, and utility companies. • Review final utility company designs Based on the project layout, Kimley-Horn and PCG will discuss potential conflicts (pre - pothole) and potential for undergrounding with the City and utility agencies. Deliverables: Copies of utility notification letters and any responses received (available upon request). Task 3 — Survey/Right-of-Way Kimley-Hom will consult with Aguirre & Associates (AA) who will perform GPS planning and perform a GPS control survey for the purpose of establishing horizontal control in terms of NAD 83 and vertical control in terms City datum at the project site. AA will research all available record survey maps within the vicinity of the project to calculate the relative record positions of corner monuments for the purpose of expediting the field reconnaissance task. Found monuments will be surveyed in terms of the established project control to resolve the centerlines of Coolidge Avenue and all intersecting streets within the project limits. A base right-of-way file will be prepared based on the centerline resolutions. 11 Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 3 AA will set and survey aerial mapping control and manage the delivery of aerial mapping of the project area at the requested scale and contour interval. The mapping deliverable will include a color orthophoto at .25 pixel resolution that will assist in the public outreach portion of this project. AA will perform design surveys including, but not limited to, cross sections, conform locations, existing driveways, utilities, drainage features, ground surface obscured to aerial photography and miscellaneous requests by the designer. All ground surface survey points will be provided to the photogrammetrist for the purpose of constraining the aerial mapping to the ground shots resulting in a higher level of mapping accuracy than the standard. All surveying will be performed in accordance with the Caltrans survey manual. Deliverables:.1 copy of basemap on 24"x36" — paper; 1 electronic copy of basemap files in AutoCAD format; 1 digital image; Task 4 — Geotechnical Analysis Kimley-Horn will consult with Ninyo & Moore, who will perform the geotechnical analysis consisting of the following: • Reviewing background information including available geotechnical reports, geologic maps, and aerial photographs. • Siting and staldng of proposed exploratory locations for clearance of conflicts with existing utilities by Underground Service Alert. • Acquiring traffic control and encroachment permits from the City of National City (we anticipate that fees for such will be waived). • Coring the existing asphalt pavements prior to excavating, logging, and sampling four exploratory soil borings to depths of up to 15 feet below existing grade (or to refusal). • Collecting bulk and in -place samples of the encountered soils and transporting them to our in-house geotechnical laboratory for analysis. • Performing geotechnical laboratory testing on selected samples to evaluate soil parameters for design purposes. Our testing is anticipated to include in -situ moisture content and dry density, grain size analyses, R-value, and corrosivity (pH, electrical resistivity, sulfate content, and chlo-ride content). • Converting- three of the soil borings for use in infiltration testing. The infiltration test procedure used will be in general conformance with County of San Diego guidelines for percolation testing. This is a two-day process and involves pre- soaking of the borings the first day and performing the test under saturated conditions on the second day. • Compiling and performing an engineering analysis of the data obtained from our background, field, and laboratory evaluations. Deliverables: A geotechnical design report to present our conclusions and to provide our geotechnical recommendations for site preparation, pavement and paver design, groundwater, soil corrosivity, and the infiltration capacity of site soils. 12 Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 4 Task 5 — Environmental Documentation (Preliminary Environmental Studies Form and Local Assistance Coordination) Task 5.1 — Preliminary Environmental Studies Form Kimley-Horn will conduct a Preliminary Environmental Study (PES) as required by Caltrans Local Assistance Procedures Manual (Environmental Procedures) for federally -funded projects located off the State Highway System (SHS). The PES form will outline the recommended environmental documentation, clearances, agency coordination and permits required for the project. It is assumed that no resource agency permitting will be required for the proposed project. Aspart of the work scope, Kimley-Horn will obtain an Environmental Database Report (EDR) for the proposed corridor and neighboring properties_ The EDR will provide information on known hazardous materials users/locations within the study area. The findings will be summarized in the PES. Kimley-Horn will attend a field review of the project area with Caltrans and City of National City (City) staff during the preparation of the PES form. Based on review of the proposed project scope, no technical studies will be required. However, because the proposed project would involve minor changes to the visual element of the corridor, we recommend preparing a visual impact technical memorandum. The PES and visual memorandum will be adequate to support issuance of a Categorical Exemption under the California Environmental Quality Act (CEQA) and Categorical Exclusion under the National Environmental Policy Act (NEPA). Task 5.2 — Local Assistance Coordination Following the submittal of the draft PES form to District 11 Local Assistance, Kimley-Horn wilt coordinate with the City and Caltrans to respond to questions or comments on the draft PES. An effort of eight hours is assumed for this task. Task 5.3 - Visual Impact Technical Memorandum The Kimley-Horn team will review existing siteconditions and prepare a visual impact technical memorandum for the proposed project. The memo will analyze the proposed project's impacts to visual resources in the context of the vividness, intactness, and unity views within the project corridor. Our team will perform a site visit to photograph the site, prepare one visual simulations. The visual analysis will also address potential lighting impacts to the project area. Kimley-Horn will respond to one round of review comments from Caltrans Local Assistance. Task 6 - Conceptual Design Development (30% Design) Task 6.1— 30% Design KHA will prepare a conceptual design layout showing proposed street design, drainage recommendations, and paving recommendations. Included in this submittal will be Low Impact Development (LID) solutions to accommodate drainage (i.e. permeable concrete, rain gardens, etc.).A typical section will also be prepared under this task. 13 Kimley-Horn and Assodates, Inc Mn Stephen Manganiello, October 24,2010, Page 5 In addition to the concept drawing, KHA will prepare a traffic memorandum for the corridor. This memorandum will discuss the traffic volumes, stop control, and traffic calming. throughout Coolidge Avenue and the intersecting streets. It is assumed the City will provide accident data and traffic counts. Task 6.2 — Opinion of Probable Construction Cost Kimley-Horn will prepare a Preliminary Opinion of Probable Construction Cost for draft conceptual design development. The cost estimate will be presented as follows: • One overall cost estimate showing all of the potential items of work • A "menu" format that breaks down specific costs for items: Lighting, bulb -out, street trees, raised intersection, LID features The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs are based on the information known. to Consultant at the time opinion is rendered and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. A working meeting is anticipated for this submittal with the City of National City. Deliverables: Concept plan (24"x36"), 1 electronic copy of opinion of construction cost (PDF format) Task 7 — 90% Plans, Specifications, and Estimate (PS&E) Task 7.1— 90% Design -Construction Drawings Based on the written comments provided by the City engineering staff, Kimley-Horn will revise the concept design development and prepare the 90% design level drawings. The 90% submittal will include the following: • Title Sheet/Vicinity Map • General Notes Sheet • Typical Sections: assume 1 sheet • Construction Details: assume2 sheets • Drainage Details: assume 1 sheet • Demolition Plan: 1" = 20' scale, assume 3 sheets (showing saw cut lines, pavement removal, limits of grinding, minor utility adjustment) • Improvement Plan and Profile: 1" = 20' scale, assume 5 sheets (showing existing grade elevations, curb extensions, new ADA pedestrian ramps, drainage improvements, crosswalks, cross gutters, street improvements) • Drainage Details: assume 1 sheet • Erosion Control Plan: 1" = 20' scale, assume 3 sheets • Signing and Striping Plans: 1" = 40' scale, assume 3 sheets (showing existing and proposed traffic signs, pavement markings and lane dimensions) • Electrical. Plans: 1"=40' scale, assume 3 sheets. This plan is assumed to show existing electrical facilities, proposed new conduits and service points locations to provide electical power to the proposed new lighting and irrigation system. The electrical plans will be prepared for Coolidge Avenue within the limits of the project. A coordination meeting will be required between the consultant, the City 14 [Gmley-Horn and Associates, Inc Mr. Stephen Manganicllo, October 26, 2010, Page 5 In addition to the concept drawing, KHA will prepare a traffic memorandum for the corridor. This memorandum will discuss the traffic volumes, stop control, and traffic calming throughout Coolidge Avenue and the intersecting streets. It is assumed the City will provide accident data and traffic counts. Task 6.2 — Opinion of Probable Construction Cost Kimley-Horn will prepare a Preliminary Opinion of Probable Construction Cost for draft conceptual design development. The cost estimate will be presented as follows: • One overall cost estimate showing all of the potential items of work • A "menu" format that breaks down specific costs for items: Lighting, bulb -out, street trees, raised intersection, LID features The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs are based on the information known to Consultant at the time opinion is rendered and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. A working meeting is anticipated for this submittal with the City of National City. Deliverables: Concept plan (24"x36"), 1 electronic copy of opinion of construction cost (PDF format) Task 7 — 90% Plans, Specifications, and Estimate (PS&E) Task 7.1 — 90% Design -Construction Drawings Based on the written comments provided by the City engineering staff, Kimley-Horn will revise the concept design development and prepare the 90% design level drawings. The 90% submittal will include the following: • Title Sheet/Vicinity Map • General Notes Sheet • Typical Sections: assume 1 sheet • Construction Details:.assume 2 sheets • Drainage Details: assume 1 sheet • Demolition Plan: 1" = 20' scale, assume 3 sheets (showing saw cut lines, pavement removal, limits of grinding, minor utility adjustment) • Improvement Plan and Profile: 1" = 20' scale, assume 5 sheets (showing existing grade elevations, curb extensions, new ADA pedestrian ramps, drainage improvements, crosswalks, cross gutters, street improvements) • Drainage Details: assume 1 sheet • Erosion Control Plan: 1" = 20' scale, assume 3 sheets • Signing and Striping Plans: 1" = 40' scale, assume 3 sheets (showing existing and proposed traffic signs, pavement markings and lane dimensions) • Electrical Plans: 1"=40' scale, assume 3 sheets. This plan is assumed to show existing electrical facilities, proposed new conduits and service points Locations to provide electical power to the proposed new lighting and irrigation system. The electrical plans will be prepared for Coolidge Avenue within the limits of the project. A coordination meeting will be required between the consultant, the City 15 Kimley-Hom and Associates, Inc Mr. Stephen Manganiello, October 26,2010, Page 6 and SDG&E to verify the location of the existing power sources within the limits of the project. • Streetscape Plan: 1" = 40' scale, assume 3 sheets (showing hardscape treatments and elements and proposed plant material) • Irrigation Plan: 1" = 40' scale, assume.3 sheets (showing irrigation techniques, irrigated areas, points of connection, pressure calculations and systems control) • Streetscape Details" assume 5 sheets (showing hardscape elements, planting details and master plant list, and irrigation details). Task 7.2 — Drainage Calculations KHA will perform hydraulic calculations and determine the required amount of runoff reduction, upon receipt of necessary data from the City. Calculations. will be prepared as the basis of the BMP design for the proposed improvements and will be available upon request. It is assumed,a formal drainage study and downstream hydraulic analysis are not required. Task 7.3 -Photometric Calculations KHA wilt .prepare a photometric calculation of the proposed lighting plan for Coolidge Avenue \vithin the limits of the project. The calculation will be done to assist with the appropiate placement, spacing and height of up to four. (4) different lighting fixtures.The average,. maximum and minimum footcandle measurements will be included in the photoinetrics calculation. The photometric calculation wilt then be evaluated and compared with the standard lighting levels per the IES and/or City of National City requireinents. Task 7.4 — Opinion of Probable Construction Cost Kimley-Horn will update the draft opinion of construction cost that will be required for the improvements. Task Z5 = Technical Specifications We will prepare project technical specifications. The specifications will be prepared in the format of project -specific modifications, as appropriate by construction item, to the Specifications of the City of National City, the Standard Specifications for Public Works Construction (Greenbook-2009) and the Cattrans Standard Specifications. Deliverable: Four sets of 90% improvement plans (24"x36"), an electronic copy of opinion of construction cost (PDF format), an electronic copy of the specifications (in MS Word format) for submittal to National City. Task 8 — Pre -Final PS&E Task 8.1— Pre -Final Design Based on the written comments provided by the City engineering staff, Kimley-Horn will revise the 90% PS&E and prepare the pre -final design level drawings. We will respond to consolidated comments from the City, and our scope only includes minor clarifications, no redesign. The following plans will be added to the drawings set for the pre -final submittal: 16 Kimley-Horn and Associates; Inc Mr. Stephen Manganiello, October 26, 2010, Page 7 Task 8.2 — Voltage Drop Calculations KHA will prepare a voltage drop calculation of the proposed landscape and irrigation plans prepared for Coolidge Avenue within the limits of the project. The calculation will be done to assist with the appropiate sizing of electrical conductors. The voltage drop calculation will be completed for the pre -final and 100% submittals only. The 90% submittal will only include electrical equipment and service point locations proposed under this project. Upon completion of the 90% level plans, a coordination meeting with the City of National City and SDG&E will be required to obtain power source locations.. Upon receiving this information from SDG&E and/or the City of National City, KHA will complete the voltage drop calculations for the pre -final and 100% submittals. Task 8.3 — Opinion of Probable Construction Cost We will update the draft opinion of construction cost that will be required for the improvements. Task 8.4 — Technical Specifications Our team will update the technical specifications that will be required for the improvements. Deliverable: Four sets of pre -final improvement plane (24"x36"), an electronic copy of opinion of construction cost (PDF format), an electronic copy of the specifications (in MS Word format) for submittal to National City. Task 9 — 100% Final PS&E (Mylar submittal) Task 9.1 — 100% Final PS&E Based on the written comments provided by the City engineering staff, KHA will prepare the final PS&E package including signed mylar plans opinion of construction cost, and the technical specifications. Task 9.2 — Opinion of Probable Construction Cost Kimley-Horn will update the draft opinion of construction cost thatwill be required for the improvements. Task 9.3 — Technical Specifications We will update the technical specifications that will be required for the improvements. Deliverables: Final PS&E package including 1 full size (24"x36") signed Mylars. Final opinion of construction cost and the technical specifications will also be included in the final package. Task 10 — Quality ControllQuallty Assurance Kimley-Horn will perform on -going quality assurance/quality control (QC/QA) review of documents included in the tasks above. Quality control will be conducted by senior management involved with the project along with another senior individual within the company, not associated with the project. 17 Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page g Task 11 — Project Coordination, Meetings, andManagement Task 11.1— Project Coordination and Administration We will provide ongoing coordination with subconsultants, the City; Utility Agencies, Caltrans, MTS local business owners, and community throughout the duration of the project. In addition, a project schedule will be updated throughout the project. A total of 14 hours 'have been assumed for this task. Task 11.2 — Project Meetings We will attend meetings as identified herein. Meetings included in this scope of services are (all meetings include presentation materials and meeting notes): • Project meetings (5) • Site visits (2) Task 11.3 Community Meetings Our team will attend three community meetings with this project. It is assumed that Kimley- Horn will prepare all documents and exhibits necessary for the meetings. These materials may include: area maps, site condition maps, previous concepts, refined schematic site plans, cross sections, computer models, visual simulations and visual preference sample boards. Community Meeting #1 This meeting is planned after the kick-off meeting with the City. At this meeting, we will present the project, funding, grant constraints, and proposed ideas. The goal of this meeting will be to define the typical section of Coolidge Avenue, Location of bike lanes, sidewalk width, and parking. Community Meeting #2 This meeting is planned after the 30% concept meeting with the City. At this meeting, we will present the proposed concept. The materials will be.focused on the visual aspects of the project (landscape and street fumiture). The civil improvements (location of curb & gutter, sidewalk, etc.) will have little flexibility as the City will need to stay generally consistent with the approved grant. Community Meeting #3 (City Council Presentation) At this meeting, Kimley-Horn will present the overall design and landscape improvements to council for approval. This meeting is intended to be more of an "information meeting" to show the public how this project will improve the area. Deliverables: A typed summary for each meeting will be provided (electronically, in PDF format). Additional Services The following services are not included in the scope of services, but can be provided as additional services if authorized by you. If authorized, Kimley-Hom will submit a proposal for additional services based on a not -to -exceed fee using the same billing rates per the original agreement. 18 Kimley-Horn. and Associates, Inc Mr. Stephen Manganiello, October 26,2010, Page 9 • All work involving the acquisition or appraisal of right-of-way • Storm Water Pollution Prevention Plan (SWPPP) • Site monitoring or testing as may be required by the RWQCB — based on the risk level assessment performed for the site under previous tasks. KHA can act as the Qualified SWPPP Practitioner and perform these duties if requested by the City. • National Environmental Policy Act (NEPA) documentation • Preparation of technical reports or environmental documentation to Cattails standards • Additional technical reports, such as: o Biological resources o Phase I Environmental Site Assessment • Construction Support • Record Drawings • Preparation of traffic control plans, It is assumed that these are not required for this project due to the lower average daily traffic volumes on Coolidge Avenue. • Pedestrian detour plan. Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by KHA during the project, this shall include: • Record drawings • Traffic counts for the corridor • Grant application for this Project • Accident data Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Fee and Billing Consultant will perform the Scope of Services for a not -to -exceed fee of $149,160.00. All permitting, application, and similar project fees will be paid directly by the City as needed. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 30 days of the date of the invoice. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Scott W. Colvin; PE Asst. Secretary, Project Manager RCE #69464 P:\Marketing\I0-xxxs\National City Safe Routes To School \Scope\Coolidge Ave Scope and Fee-Final.docx 19 Kimley-Hom and Associates, Inc. Fee Estimate Summary City of National City Coolidge Avenue Safe Routes to School Project October 26, 2010 Task Summary Fee Summary Task 1 - Project Kick-off meeting $870.00 Task - Data .Collection and Review $1,660.00 Task 3 - Survey/Right-of-Way $750.00 Task 4 - Geotechnical Coordination $580.00 Task 5 - Environmental Documentation $6,810.00 Task.6 - Conceptual Design Development (30% Design) $6,925.00 Task 7 -90% Plans, Specifications, and Estimate (PS&E) - $46,315.00 Task 8 -Pre-final PS&E $24,720.00 Task 9 -100% Final PS&E $5,415.00 Task 10 - Quality Control I Quality Assurance (Included in each task) $0.00 Task 11 - Project Coordination, Meetings, Management $6,850.00 Sub -Total - , $100,895.00 KHA Expenses $4,265.00 Subconsultants Alta Planning & Design $5,000.00 Ninyo & Moore $9,500.00 Aguirre & Associates $18,500.00 PCG Utility Consultants $7,000.00 Katz & Associates $4,000.00 Sub -Total $44,000.00 TOTAL $149,160.00 20 PP" Kimley-Horn 1s%, inn�� and Associates, Inc. Fee Schedule City of National City Coolidge Avenue Safe Routes to School. Project October 26, 2010 Kimley-Horn and Associates LABOR Classification Billing Rate Total Hours Cost Principal $ 215.00 - 23 $ 4,945.00 Senior Professional $ 165.00 46 $ 7,590.00 Professional $ 145.00 296 $ 42,920.00 Analyst $ 115.00 374 $ 43,010.00 Designer/CADD $ 125.00 0 $ ProjectAdmin $ _ 115.00 10 $ 1,150.00 Support Staff $ 80.00 16 $ 1,280.00 Subtotal 765 $ 100,895.00 EXPENSES Cost Subtotal $ 4,265.00 Subconsultants Alta Planning & Design Ninyo & Moore Aguirre & Associates PCG Utility Consultants Katz & Associates Subtotal $ 5,000.00 $ 9,500.00 $ 18,500.00 $ 7,000.00 $ 4,000.00 $ 44,000.00 TOTAL $ 149,160.00 21 Coolidge Avenue Safe Routes to School National City ID 13 1 2 3 5 9 12 24 '' 32 - 41 - Task Name ""Desig-n Preparation177 Coolidge Avenue Sale Routes to School , Project Notice-to-Proceed/Caltrans Local Assistance Preliminary Engineering Authorization Project Kick-Off/Site Walk Data Collection Survey and Mapping Geotechnical Investigation - Environmental Documents Conceptual Design Development(30% Design) 90% Plans, Specifications, and Estimate (PS&E) - Pre -Final PS&E Final PS&E . Duration Start Finish 7,"Nov 28, Dec 19 ;Jan9,,, Jun 30, Fab 20, Mar 13, Apr 3 2,9824 May 15.. Jun 5 Jun 26,' Jul 17,' T'W'. T- F�5 . T S M W T F 9S M T W, T'F S, S'Mr'i- W T,F_SIS M•T W T.'.,F S dayTue 8/2/11 s Mon 11/29/10 I.day Mon 1129/10 Mon I1/29/10 0 1 day Tue 11/30/10 Tue 11/30/10 QP 11 days Wed 12/1/10 Wed 12/13/10 13 days Wed 12/8110 Fr112/24110 15 days Mon 1/10/11 Fri 1/28/11 qmaatergo 20 days Mon 12/27/10 Fri 121/11: --©' 37 days Mon1227/10 Tut2/I3/111 • 7.1"-- 60 days Wed 2/16/11 Tue 5/10/11: to--- 40 days Wed 5/11/11 Tue 7/5/11; 20 days Wed 7/6/11 Tue 82/11' 1 Summary ®' V External Taska. . ......................... ..... Deadline ._ Task i . 1 Progress , Spit . ��„��.,��,��,.,,�.,,��„ MlMaterie 0 gonna --_------.:-' -,-- galamal Mlbaaona Pro1ea ry , Kinsey -Horn and Associates A CORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYYI 8/11/2010 !PRODUCER (770)552-4225 FAX: Ames and Gough 450 Northridge Parkway Suite 102 Atlanta- GA 30350 INSURED Kimley-Horn and Associates, Inc. P.O_ Box 33068 Raleigh) NC 27636 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA:Lexington Insurance Company INSURER B: NAIC # INSURER C: INSURER D. INSURER E: THE POLICIES OF INSURANCE LISTED BELOW ANY REQUIREMENT, TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POUCIES..AGGREGATE LIMITS SHOWN MAY INSRWDD'G LTR INSRD TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS; EXCLUSIONS AND CONDITIONS HAVE BEEN REDUCED BY PAID CLAIMS. MAY BE ISSUED OR OISLICIT TPOTEI POLICY NUMBER. EFFECTIVE DATE IMMIDDM/YY) POLICY EXPIRATION DATE IMM/DDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - - COMMERCIAL GENER_AL_UABILITY DAMAGE TO RTED PREMISES (Ea ocwrrence) $ CLAIMS MADE I I OCCUR MED EXP (Any one person) $ PERSONAL IeADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES�PER: PRODUCTS - COMP/OP AGG $ PRO - POLICY , 1 JFCT 1P1 LOC AUTOMOBILE LIABILITY - - COMBINED SINGLE, LIMIT $ ANY AUTO (Ea ocddent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accidents . ...._._... _.. .__...___._._._ - PROPERTY DAMAGE $ ,._ I _ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - I ANY AUTO OTHER THAN EA ACC $ J. . I _ AUTO ONLY: AGG $• EACH OCCURRENCE $ EXCESS I UMBRELLA LIABILITY j i OCCUR CLAIMS MADE - - AGGREGATE $ $ DEDUCTIBLE —.. .—_ $ ..__. (RETENTION S $ WORKERS COMPENSATION - - WC STATU- OTH- I TORYIIMITS ER ANDEMPLOYERSUABIUTY . YIN - ANY PROPRIETOR/PARTNER/EXECUTIVE - E.L EACH ACCIDENT • $ OFFICER/MEMBER EXCLUDED)? I I - (Mandatory In NH) - E.L DISFACP - EA EMPLOYE $ B yes, describe under - SPECIAL PROVISIONS below E.L. DISEASE - POLICY UMIT $ A OTHERprofessional 14273592 12/9/2009 12/9/2010 Per claim S-2,000,000 Liability Aggregate. $2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS - - Re: All City of National City Projects - CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL K(1glr¢X. XXMAIL 30 OAYs WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, yA--XX'.OMMNX AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/01) INS025 (200901) © 1988-2009 ACORD CORPORATION. Al rights reserved. The ACORD name and logo are registered marks of ACORD 23 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 1NS025 (zoom) 24 ACORLf CERTIFICATE OF LIABILITY 1....--- INSURANCE DATE(MMODIYYYY) 8/11/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ames and Gough 450 Northridge Parkway Suite 102 Atlanta - GA 30350 CONTACT Matias Ormaza NAME: (NCO.„ Et (770) 552-4225 fac Not aDoees5:16ormaza@amesgough. com PRODUCER 00001398 CUSTOMER ID 0. INSURER(S) AFFORDING COVERAGE NAIC If INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INsuRERA:Travelers Indemnity Co. of CT - INsuRERB:Travelers Indemnity Company INsuRERc:Travelers Property Casualty Co. INsul Ro:Phoenix Insurance Company - INSURER E:Travelers Casualty & Surety Co. INSURER F: COVERAGES CERTIFICATE NUMBER:09-10 (Kimley Mindy) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF MSR SUBR WVD POLICY NUMBER POLICY EFF ( POLICY POLICY EXP {POIJCYEXYj. LIMITS ' A GENERAL X LIABILITY - COMMERCIAL GENERAL LIABILITY X I OCCUR P-630-315X3476-TCT-09 - 9/1/2009 9/1/2010 EACH OCCURRENCE s 1,000,000 DAMAGE SO RENTED PREMISESG(ER NTErence) S 500,000 , CLAIMS -MADE ( MEDEXP(Any one person). S 5,000 PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE 5 2,000,000 GENT. —I AGGREGATE LIMIT AP�PLIES PER. PRODUCTS - COMPIOP AGG S 1 ,000 , 000 POLICY n JE& (x LOC $ - B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS - NON -OWNED AUTOS P-010-171L6115-IND-09 _ 9/1/2U09 9/1/2010 COMBINED SINGLE LIMIT (Ea accident) s 1,000,000 BODILY INJURY (Per person) s BODILY INJURY (Perna:Went) $ PROPERTY DAMAGE (Per accident) $ X X Underinsured motorist BI spit $ - Uninsured motorist property 3 C X UMBRELLA UAB EXCESS 'JAB X OCCUR CLAIMS -MADE PSM-CUR-171L6115-TIL-9 9/1/2009 - 9/1/2010 EACH OCCURRENCE $ 5,000,000 AGGREGATE s 5,000,000 X D DEDUCTIBLE RETENTION 1 10,000 $ S D E WORKERSCOMPENSATION AND ANY OFFICER/MEMBER (Mandatory N Yes, DESCRIPTION EMPLOYERS' LIABILITY PROPRIETOR/PARTNER/EXECUTIVE Y I N - below N I A - PVTcNUB-836G878-3-08 AOS PACRUB-862I.398-1-09 (CA) 0/1/2009 9/1/2009 9/1/2010 9/1/2010 $ TORY IM TS ER E L EACH ACCIDENT $ 500,000 EXCLUDED? In NH) deSWbe under OF OPERATIONS EL DISEASE - EAEMPLOYEE $ 500,000 ' E.L. DISEASE - POLICY UNIT $ 500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES- (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) Re: All City of National City Projects - The City of National City, its elected officials, officers & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional Liability. - CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/09) INS025 (200909) ©.1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD 25 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL .INSURED --WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 1I — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance to include as an additional insured on this Coverage Part, but: a. Only with respect to liabiliIty for "bodily injury", "property damage" or."personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by .the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does notapply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D4 14 04 08 plies only to such "bodily injury" or 'property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring. insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional Insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis. this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this.insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any 'other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 02008The Travelers Companies. Inc. Page 1 of 2 26 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c: The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all polcyconditions. d. The additional insured must tender the de- fense and indemnity of any daim.or "suit" to o= oIN•••••••••• = Page 2of2 005459 any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end_ of the policy period. © 200a The Travelers Companies, Inc. CG D4 14 04 08 27 COMMERCIAL AUTO POLICY NUMBER:P-810-171L6115-IND-09 ISSUE DATE: 09-11-09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL. INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Insurance Company: TRAVELERS INDEMNITY COMPANY Policy Number: p-810-171L6115-IND-09 Effective Date: 09-01-09 Expiration Date: 09-01-10 Named Insured: KIMLEY - HORN AND ASSOCIATES, INC. & AS PER IL T8 00 Address: P.O. BOX 33068 RALEIGH NC 27636 Additional Insured (Lessor): Address: Designation or Description of Leased "Autos": ANY "AUTO" LEASED FOR A PERIOD OF SIX MONTHS OR MORE UNDER A LEASING CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LESSOR: Coverages Liability Comprehensive $ 1,000,000 Limit Of Insurance Each "Accident" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ SEE ILTB25 Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ SEE Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Information required Ck:7.0 tit 03 06 Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" ILTB25 to complete this Schedule, if not shown above, will be shown in the Declarations. © ISO Properties, Inc., 2005 Page 1 of 2 28 COMMERCIAL AUTO A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto' designated or described in the Schedule, Who Is An Insured is C. changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an 'insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operat- ing a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorse- ment apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when thelessor or his or her agent takes possession of the "leased auto", whichever occurs first B. Loss Payable Clause 1. We will pay, as interest may appear, you and the Lessor named in this endorsement for "loss" to a "leased auto'. D. E. 2. The insurance covers the interest of the les- sor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancella- tion Common Policy Condition. 2. If youcancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. The lessor is not liable for payment of your premiums. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto° needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of 2 © ISO Properties, Inc., 2005 CA 20 01 03 Obi 29 RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE NOT TO EXCEED AMOUNT OF $149,160 TO PROVIDE CIVIL ENGINEERING SERVICES FOR CONSTRUCTION OF NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROJECT FOR COOLIDGE AVENUE FROM EAST 12TH STREET TO EAST 18TH STREET WHEREAS, the City desires to employ an civil engineering firm to provide civil engineering services for construction of National City's Safe Routes to School Project for Coolidge Avenue from East 12th Street to East 18th Street; and WHEREAS, it has been determined that Kimley-Horn and Associates, Inc., is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services for the not -to -exceed amount of $149,160. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Kimley-Hom and Associates, Inc., for the not -to -exceed amount of $149,160 to provide civil engineering services for construction of National City's Safe Routes to School Project for Coolidge Avenue from East 12th Street to East 18th Street. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 44 iM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Letter of Intent for Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and the Community Development Commission of the City of National City, Commonly referred to as the Straight Lining Project PREPARED BY: Chris Z PHONE: Ext. 4240 Zapatf9'" EXPLANATION: Please see attached staff report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ter of Intent Resolution STAFF REPORT The Cities of National City and Chula Vista have an uneven boundary, generally straddling the Sweetwater River Channel. Over the decades the two Cities have discussed a boundary reorganization. The more recent discussions began in February 2005, which led to the City Council directing staff to develop an agreement for consideration by the respective City Councils. Meetings between the staff of both Cities occurred in 2006 and 2007. Thereafter, discussions lulled. In 2009. discussions regarding the development of what is commonly referred to as the drive-in site led to a Memorandum of Understanding. On or about April 28, 2009, Chula Vista, National City, the CDC, and NCSDI No. 1, LLC, ("Sudberry") entered into a Memorandum of Understanding ("MOU") to provide for the development of the Gateway Development Project as a single project with 13.60 acres located within National City, and 12.11 acres located within Chula Vista. The MOU contemplated cooperation between the Cities and the CDC in the review and processing of the Project based upon a proposed project configuration, with roughly equal total square footage of development shown in each city. The MOU has now expired. Chula Vista has offered to extend the expired MOU so it can continue to govern the processing of the Gateway Development Project, but in exchange seeks an agreement on straightlining. The proposed Letter of Intent between National City, Chula Vista and the CDC addresses the proposed straightlining of the cities' uneven common boundary line running generally east and west along the Sweetwater River Channel between 1-5 on the west and 1-805 on the east. The straightlining would result in the annexation and detachment of lands between the two cities, and promote public safety and citizen recognition, regional and intergovernmental cooperation, shared revenue, and shared investment in potential development. The Letter of Intent contemplates extending the MOU for 18 months, and negotiating a Boundary Reorganization Agreement between the two cities by December 31, 2013. In the event the Cities are unable to come to agreement regarding the proposed Reorganization by December 31, 2013, the Cities agree to negotiate for an alternative Tax Sharing Agreement applicable to the Gateway Development Project. Any alternative tax sharing negotiations will strive to achieve an equitable sharing of the net revenue, recognizing there are multiple variables that may need to be accounted for in any future formula and determinations of net revenue, such as contribution towards infrastructure, investment, and relocation of businesses from one jurisdiction to another. National City has committed financial resources, including redevelopment funds, to assist in bringing the Gateway Development to fruition. These commitments have been articulated in a proposed Development and Disposition Agreement, and include such terms as sale of a CDC -owned site to the developer and financial assistance amounting to $2.4 million for the construction of off -site improvements. These factors would be considered in any discussion for an Alternative Tax Sharing Agreement. Letter of Intent For Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and National City Community Development Commission Commonly referred to as the Straight Lining Project This Letter of Intent is between the City of National City ("National City"), the City of Chula Vista ("Chula Vista")(collectively, the "Cities"), and the National City Community Development Commission ("CDC") to address the proposed straightlining of the Cities' uneven common boundary line running approximately east and west along the Sweetwater River Channel. ("Channel") between Interstate 5 on the west and Interstate 805 on the east. WHEREAS, Chula Vista and National City previously entered into discussions for a proposed project known as the "Straight -lining Project" ("Reorganization") which would result in the annexation and detachment of lands between Chula Vista and National City in order to straighten the uneven boundary -line, for the following stated reasons: i) public safety and citizen recognition, ii) regional and intergovernmental cooperation, and iii) shared revenue and shared investment in potential development. Preliminary engineering work began on the Reorganization in 2006 and was subsequently suspended in 2009; and WHEREAS, on or about April 28, 2009, Chula Vista, National City, the CDC and NCSDI No. 1, LLC, a California limited liability corporation ("Sudberry") entered into a Memorandum of Understanding ("MOU") to provide for the -development of the Gateway Development project as a single project with parcels in each City, as identified in the MOU, which MOU has now expired; and WHEREAS, the Gateway Development project site is approximately 25.71 acres, of which 13.60 is located within National City and 12.11 acres is located within Chula Vista; and WHEREAS, the MOU contemplated cooperation between the Cities and the CDC in the review and processing of the Gateway Development based upon a proposed project configuration, with roughly equal total square footage of development shown in each city. At that time, the developer was seeking commercial tenants, however final commitments had not been obtained. Currently, proposed changes in the project may.. result in a decrease in commercial development contemplated within the jurisdictional limits of Chula Vista, and WHEREAS, in recognition of environmental impacts of the project occurring predominately in National City, the MOU provided for National City to be the lead agency for purposes of environmental review of the proposed project; and WHEREAS, National City and the CDC have both committed financial resources to assist in bringing the Gateway Development to fruition. These commitments have been articulated in a proposed Development and Disposition Agreement, and include such terms as sale of a CDC owned site to developer and financial assistance amounting to $2.4 million for the construction of off -site improvements. The parties seek to: 1) extend the MOU so it can continue to govern the processing of the Gateway Development project and address the change in the Gateway Development proposal; and, 2) straighten the boundary between the Cities as follows: A) The Cities will continue project review and processing of the Gateway Development as contemplated in the MOU and extend the MOU for 18 months. B) The Cities will works towards entering into a Boundary Reorganization Agreement, to be brought forward for consideration by the respective legislative bodies of the Cities by December 31, 2013, to continue with the Reorganization as originally contemplated and depicted on the attached reference exhibit on substantially the following terms: U Each City will be responsible for preparation and processing of required documents, including municipal services review, reports and environmental review for areas to be annexed into its jurisdiction. The Cities will work cooperatively to provide timely and complete documents and information needed by the annexing City in its preparation of materials for Reorganization. f7 The Agreement will include a schedule to ensure the timely delivery of information and preparation, review and approval of necessary documents for the Reorganization. ❑ The Cities will negotiate a Tax Sharing Agreement in order to make the Reorganization revenue neutral, i.e. neither city will receive less sales tax revenue than a base line year, to be determined, with annual adjustments for inflation and consumer price indexing, to be more specifically determined by agreed upon formula and process; provided, however, that the CDC will be entitled to continue to receive tax increment generated within the portion of the National City Redevelopment Project area to be annexed into Chula Vista, until the Redevelopment Plan expiration date. ❑ If the Cities are unable to come to agreement to conclude the proposed Reorganization by December 31, 2013, then, the Cities agree to negotiate for an alternative Tax Sharing Agreement applicable to the Gateway Development Project, as approved. Any such negotiations will strive to achieve an equitable sharing of the net revenue, recognizing there are multiple variables that may need to be accounted for in any future formula and determinations of net revenue, such as contribution towards infrastructure, investment, and relocation of businesses from one jurisdiction to another. These variables are not exhaustive. IN WITNESS THEREOF, the parties have executed this Letter of Intent on the 23`d day of November, 2010. CITY OF NATIONAL CITY CITY OF CHULA VISTA Ron Morrison, Mayor Cheryl Cox, Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Ron Morrison, Chairman RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE LETTER OF INTENT FOR PROPOSED REORGANIZATION PROCESSING AGREEMENT BETWEEN THE CITY OF CHUL4 VISTA AND THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, COMMONLY REFERRED TO AS THE STRAIGHTLINING PROJECT WHEREAS, the Letter of Intent between National City, Chula Vista and the Community Development Commission of the City of National City ("CDC ") addresses the proposed straightlining of the cities' uneven common boundary fine running approximately east and west along the Sweetwater River Channel between 1-5 on the west and 1-805 on the east; and WHEREAS, the straightlining would result in the annexation and detachment of lands between the two cities, and promote public safety and citizen recognition, regional and intergovemmental cooperation, shared revenue, and shared investment in potential development; and WHEREAS, on or about April 28, 2009, Chula Vista, National City, the CDC and NCSDI No. 1, LLC, ("Sudberry") entered into a Memorandum of Understanding ("MOU"), which is currently expired, to provide for the development of the Gateway Development Project as a single project; and WHEREAS, National City and the CDC have both committed financial resources to assist in bringing the Gateway Development to fruition. These commitments have been articulated in a proposed Development and Disposition Agreement, and include such terms as sale of a CDC -owned site to the developer and financial assistance amounting to $2.4 million for the construction of off -site improvements; and WHEREAS, the parties seek to extend the MOU for 18 months so it can continue to govern the processing of the Gateway Development Project, and straighten the boundary between the Cities upon mutually acceptable terms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Letter of Intent for Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and the Community Development Commission of the City of National City, Commonly referred to as the Straight Lining Project. Said Letter of Intent is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 45 :M TITLE: Request from National City College Lion's to use MLK (north and south rooms) for their `Spirit of the Holidays' annual distribution on Saturday December 18 from 7:00am-1:O0pm. Applicant is requesting a fee waiver. PREPARED BY: Brenda E. Hodges DEPARTMENT: Community Services � feyikd�jic— PHONE: X4290 APPROVED BY: ` d' EXPLANATION: V This `distribution day' is an annual event. Applicant claims that Council has waived the fees in prior years, and will be in attendance to request a fee waiver again. In accordance with Policy 803, fees for this event would be: Use of MLK: $703.56 Kitchen Fee: $60.00 Bldg Use Fee: $50.00 Custodial: $210.00 Set Up/CleanUp: $280.00 Chairs: $22.50 Tables: $20.00 Total: $1346.06 s request is in compliance with Policy 803 governing the use of MLK FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVJ9-. ' U f d, Finance APPRO D: MIS STAFF RECOMMENDATION: Authorize use of MLK as requested, with no waiver of fees BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Use Application (3 duplexed pages) City of National City Facility Use Application 140 E. 12th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle Martin Luther King Jr. Building Granger Music Hall North Room South Room Entire Facility Date(s) of Use: December 18, 2010 Day(s) of Use: L ANO ait -t Time of Use: From: 7 am AM/PM To: 1 p.m AM/PM — INCLUDE SET-UP & CLEAN UI -sp)A} oc-440~ Type of Function/Activity: Annual Distribution Day Is the event open to the public? Approved Applicants Only & Address of Organization/Group: National City College Campus Lions Non- profit organization: Yes No Tax ID # a7 - j52- (p(e13 Anticipated Maximum Attendance: 400 Percentage of National City Residents 100% Will Admission be charged? 0 Amount $ Will this be a Fund Raising Event? Equipment Requested: 30 # of chairs 20 # of banquet tables Podium/Microphone Stage **PLEASE ATTACH SEATING DIAGRAM** Use of Kitchen: x Yes No Use of Gas for Range and Oven: Is the Use of Alcohol Requested? No Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes x No Name: Julie Sepulveda Yes x No Phone: (619) 474-0979/ (805) 407-6327 Name: Blanca Molina Phone: (619) 474-0979 iVed et-etA vv,avuo--k_9„ . `-htsc,A1 )114,0 1 CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: October 18, 2010 PRINT NAME: Julie Sepulveda SIGNATURE: oV�JW DEPARTME HEAD/ SIGNATURE MANAGER ADDRESS OF APPLICANT: P.O. Box 117 CITY, STATE, AND ZIP CODE: National City, CA 91951 PHONE: DAY 474-0979 FAX NUMBER: 474-0772 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. CONTACT PERSON ON THE DAY OF THE EVENT: Julie Sepulveda PHONE: ed4 L rH • O- i r 1 CELL: ( 805 ) 407-6327 Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: National City College Campus Lions Person in charge of activity: Julie Sepulveda Address: P.O Box 117 National City, CA 91951 Telephone: 474-0979 E-Mail: spiritofholidaysnc(a,gmail.com City Facilities and/ or property requested: Martin Luther King Community Services Center Date(s) of use: December 18, 2010 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. October 18, 2010 ignature of applicant Date Certificate of Insurance Approved by 4 Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: The beneficiaries of our program line up outside the MLK, each one of the them is given a ticket that they present at the front entrance. The approved applicants proceed to South Room to pick up their food baskets. 5 YES x NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: NONE Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: 6 YES x NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Public Works Police Department Fire Department Community Services Building and Safety Engineering Risk Management Finance Department Planning For Office Use Only Department Yes Initial Date No Condition(s) of Approval Specific Conditions of Approval: 7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 46 -EM TITLE: TEMPORARY USE PERMIT — Christmas Tree Lighting hosted by the Community services Department on December 9, 2010 from 5 pm to 8 pm at Morgan Square, between 9th Street and National City Boulevard. This is a City sponsored event under Policy No. 804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighborhood Services Division APPROVED BY: This is a request from the Community Services Department to conduct the Christmas Tree Lighting event at Morgan Square between 9th and National City Boulevard on December 9, 2010. This event will include the lighting of the Christmas Tree ceremony, entertainment by the National School District, the Kimball Museum will be open and there will also be a Christmas bazaar where food, drinks, and various other items will be sold from booths. Street closures are required on 'A' Avenue, and 9"' Street at Morgan Square. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00.00 for processing the TUP through various City departments, plus $683.62 for Public Works. Total fees are $920.62 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Please waive fees for this event as it is a City sponsored event. BOARD / COMMISSION RECOMMENDATION: //Hi, N/A l ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus Motion Picture _ Grand Opening _ Other vent Title: Cr `rl ,S I eQ,Q L,.th 1r(�. Actual Event Hours: 5 am Community Event Block Party Event Location: 'G Cj.Y\ SqvCll� (Zadu vent Date(s): From 1ZJ2 1 O to 1717,116 Total Anticipated Attendance: [. 50 Month/Day/Year ( Participants) p ( Spectators) O am Setup/assembly/construction Date: 12.1 Z.110 Start time: c Please describe the scope of your setup/assembly work (specific details): Ste-'` up \ C ci t aria:(s , -‘no beet-, I yo.i lev - Dismantle Date: l2I 211O Completion Time: qam® List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. cii4^ crrCk m '11 'ire 1-5 01 non Square Ave qTh t?laza Sponsoring Organization: For Profit X Not -for -Profit Chief Officer of Organization (Name) 3rendCk- N A y Applicant (Name): Lauren I ►" x%IOj� o Common i SexviCQ Address: I L10 . I2 " St . Sl. tie 3 Daytime Phone: (ex*. Liz i 9 Evening Phone: ( ) 1 Fax: (� Contact Person "on site" day of the event: Lauren Maxi IOW-) Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS I Is your organization a "Tax Exempt, nonprofit" organization? L YES NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. `rcee Ca'rernc4 Lj fl cc vcey`025 b NSC) V-vcnball YY1uy7i c fvoli c `xi n ks) mcv. s r Sale C.cr&vs P r Sai P Th Po Tray let - YE _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: A 2 _ YES PJO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: I�C3006-S , (',Y'G YES Y..NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event_ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes ,�y1� NOTE: A separate Fire Department permit is required for tents or canopies. _ YES VINO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ,,�� ➢ Tables and Chairs 7S' IVO l.J!`�� `S i UVI-6 io 1-036Q-S > Fencing, barriers and/or barricades • Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components riot covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event. 6,)t\\ 03Q -i nn Con 5 an S i�2 3 Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area ()I\ will be illuminated to ensure safety of the participants and spectators: V-XolnG S 2Q-V Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: k\ CQeaS 0CCc' S\b`k Please provide a detailed description of your PARKING plan: \txi09 S at 'Par ki►n Please describe your plan for DISABLED PARKING �X�S�►1c3 rpC'C\\CCA S 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: VOX tpU 5 YES NO Will sound amplification be used? If YES, please indicate: Start time: 5 am/ Finish Time Z) am® YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES)( NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Commo 11 L Person in Charge of Activity Address 5eXrviccA `Depict- .nt LluAren Onc xllotn, l�[0 L . t2 St. SsE Telephone 33(0 '{L Qjq Date(s) of Use IZ 1 Z 1 0 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or conactors. CitAWAA- 0\_) nature of Applicant ►O l ZS i I G Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 47 EM TITLE: Fiscal Year 2011-2012 Annual Action Plan and the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funding cycle. PREPARED BY: Carlos Aguirre DEPARTMENT: CDevelopment PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The City will be soliciting requests for funding from organizations and community agencies, and City departments for projects to be funded under its Fiscal Year (FY) 2011-2012 HUD entitlement programs starting on November 30, 2010. The City will receive approximately $1.2 million in Community Development Block Grant Program funds and $650,000 in HOME Investment Partnerships Program funds. Each year the City completes a public participation process to review and approve various programs and projects eligible for CDBG and HOME program funds. The City Council must consider the strategic goals and objectives identified in the City's 5-Year Consolidated Plan (2010-15) approved in May 2010 in its review of funding applications. Attached is the schedule for the development of the Fiscal Year 2011-2012 Annual Action Plan. The schedule includes the application due date, when applicants will present their funding request to the City Council, and the public hearing dates required to recommend and finally approve the activities that will be selected and made part of the Annual Action Plan submitted he U.S. Department of HUD in May 2011. FINANCIAL STATEMENT: ACCOUNT NO. n/a Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: dim g APPR ED: & - Finance MIS STAFF RECOMMENDATION: File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: ichment No. 1: FY 2011-2012 Annual Action Plan Timeline -, ,achment No. 2: Summary of the 2010-2015 HUD Consolidated Plan Goals and Objectives Attachment No. 1 City of National City CDBG and HOME FY 2011-2012 Action Plan Timeline November 23, 2010 (Tuesday): City Council Presentation on the HUD Consolidated Plan Priorities and Annual Action Plan Process 6:00 pm November 30, 2010 (Tuesday): FY 2011-12 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office, Finance Department Counter, and City of National City Website December 7, 2010 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant App-tints 10:00 a.m.- 12:00 p.m. MLK Center - South Mtg. Room January - March 2011 Drafting of FY 2011-12 Action Plan January 11, 2011 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Department Counter February 8, 2011 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 15, 2011 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 15, 2011 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 28, 2011 to April 27, 2011 Mandatory 30-Day Public Review FY 2011-12 Action Plan May 3, 2011 (Tuesday): City Council Final Public Hearing No. 2 - Approval of the FY 2011-12 Action Plan 6:00 p.m. City Hall Council Chambers May 12, 2011 (Thursday): Submission of the FY 2011-12 Action Plan to HUD 11/11/2010 Attachment No.2 FIVE-YEAR CONSOLIDATED PLAN STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Priority H-1 Conserve and improve affordable housing Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Objective 2: Ownership Housing Rehabilitation Program --Provide funding (loans and -retraces) to retTabititatetre-pair&-single-fatuity housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in return for a deed restriction to maintain units affordable. Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Priority H-2 Provide first-time homebuyer opportunities Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers. Objective 1: Provide homeownership assistance to 33 households. Priority H-3 Support new affordable housing construction Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Priority H-4 Promote equal housing opportunity Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. 1 Attachment No.2 Priority H-5 Preserve assisted housing at risk of converting to market rate Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Priority H-6 Support housing and services for homeless and persons at -risk of homelessness Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) 2 Attachment No.2 FIVE-YEAR CONSOLIDATED PLAN STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Priority CD-7 Provide for new and improve existing community facilities Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Priority CD-8 Provide for needed infrastructure improvements in low- and moderate -income areas Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Objective 1: Pursue 2 flood control and 15 street improvement projects. Priority CD-9 Provide for needed community and supportive services Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Obiective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CD-10 Provide for necessary planning activities Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. 3 PING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 23, 2010 AGENDA ITEM NO. 48 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute an Agreement between the City, the CDC, and the Law Firm of Best, Best & Krieger, LLP, to continue providing legal defense services in the not to exceed amount of $160,000 (Funded by Tax Increment funds.) PREPARED BY: Claudia G. Silva Q/. PHONE: Ext. 4222 v� DEPARTMENT: City Attorney APPROVED BY: EXPLANATION: Bruce Beach of the law firm of Best, Best & Krieger, LLP, is an attorney who is well -qualified and experienced in redevelopment litigation. He has been providing excellent service to the City and the CDC in the defense of the current matter since 2007. The proposed resolution would authorize a legal services agreement between the City, CDC and Mr. Beach to continue providing legal services related to the defense in the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, in the not to exceed amount of $160,000. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account 511-445-460-213-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ACHMENTS: Legal Services Agreement Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND THE LAW FIRM OF BEST, BEST & KRIEGER, LLP, TO PROVIDE LEGAL DEFENSE SERVICES IN THE NOT TO EXCEED AMOUNT OF $160,000 WHEREAS, the Community Development Commission of the City of National City (CDC) is currently engaged in litigation in a case entitled Community Youth Athletic Association (CYAC) v. All Persons Interested in the Mater of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295; and WHEREAS, attorney Bruce Beach of Best, Best & Krieger, LLP, has represented the CDC in this matter, and the parties seek to enter into an Agreement for legal services to further memorialize the relationship for legal defense services pertaining to the CYAC litigation; and WHEREAS, the law firm of Best, Best & Krieger, LLP, is a qualified and experienced law firm, and has provided high quality legal services to the City and the Community Development Commission on a variety of projects and issues pertaining to eminent domain, redevelopment, and related litigation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with the law firm Best, Best & Krieger, LLP, to provided legal defense services regarding the CYAC litigation in an amount not to exceed $160,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva General Council, CDC AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND BEST, BEST & KRIEGER, LLP THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic, (the "CDC"), and BEST, BEST & KRIEGER, LLP, (the "FIRM"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services. Article 1. Retainer. The CITY and CDC hereby retains the FIRM to assist in the defense in the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, subject to this Agreement. The FIRM has been representing the Respondents in the above -referenced matter since the inception of the litigation, and the parties now seek to formalize the relationship into writing. Article 2. Scope of Services. The CITY and CDC shall have the right in their sole discretion to determine the particular services to be performed by the FIRM under this Agreement. The CITY and CDC are engaging the services of Firm Partner Bruce Beach. All work shall be performed by or under supervision of Bruce Beach. These services include the following: defense in the above -entitled matter. It is expected that the FIRM will work with the CITY's City Attorney, CITY staff, CDC Legal Counsel and CDC staff. Article 3. follows: Compensation. Compensation paid under this Agreement shall be as Partner: Bruce Beach Senior Associate: Jr. Associate: Paralegal/Legal Assistant: $225.00 per hour $215.00 per hour $175.00 per hour $150.00per hour A. The FIRM shall not use more than one attorney for the same specific task without the CITY and CDC's approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY and the CDC. B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CITY's City Attorney and CDC's Legal Counsel and the FIRM. Neither the CITY nor the CDC shall be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM. C. One -hundred sixty -thousand dollars ($160,000) has been appropriated or otherwise duly authorized as the not to exceed amount for the payment of legal services and out-of-pocket disbursements pursuant to this Agreement. The FIRM has already been paid $137,582.78 for services rendered through June 30, 2010. The authorized appropriation in the not to exceed amount of $160,000 is for services rendered after June 30, 2010. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY and the CDC. D. The FIRM shall keep the CITY and the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY or the CDC for travel time; however, the FIRM may charge for work performed for the CITY or the CDC during any travel time. E. The CITY and CDC further agree to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY and the CDC with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY and the CDC has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CITY and the CDC will consider reimbursement on a case -by -case basis. The CDC or the CITY will not reimburse overtime incurred for the convenience of the FIRM's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's or CITY's prior consent. The CITY and the CDC expect these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY and the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CITY and the CDC's payment process, the CITY and the CDC will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the FIRM should be submitted to Claudia G. Silva, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The Page 2 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY and the CDC in support of bills rendered by the FIRM. G. The FIRM agrees to forward to the CITY and the CDC a statement of account for each one -month period of services under this Agreement, and the CITY and the CDC agree to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY and the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete. (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) Neither the CITY nor the CDC pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CDC pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CITY and the CDC's payment process, the CITY and the CDC will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY and CDC decision, and the CITY and the CDC's representatives may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY and the CDC must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded Page 3 of 8 Legal Services Agrnnt (CYAC ) City of National City and BB&K or the attorney leaves the FIRM. The CITY and CDC will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CITY and the CDC must be had. This includes document review. Article 4. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY and the CDC. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY and the CDC. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY and the CDC. Article 6. Compliance with Controlling Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The CITY and the CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the FIRM and the CITY/CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM in this Agreement, the CITY/CDC or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY/CDC shall each prepare a report which supports their position and file the same with the other party. The CITY/CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM. Article 8. Indemnification. The FIRM agrees to indemnify and hold each the CITY and the CDC and their agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any Page 4 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K claims or liability arising from the established sole negligence or willful misconduct of the CITY or CDC, its agents, officers, or employees. Article 9. Insurance. The FIRM shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CITY and the CDC. At its sole cost and expense, the FIRM shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not Less than one million dollars ($1,000,000). B. For all of the FIRM's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CITY and the CDC and their elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the CITY and the CDC and their elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CITY and the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CITY and the CDC by certified mail. Before this Agreement shall take effect, the FIRM shall furnish the CITY and the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The FIRM may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The FIRM agrees to comply with the CITY's Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug - free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure' that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous Page 5 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the FIRM and the CITY/CDC and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the FIRM shall be given to the CITY's City Attorney and CDC's Legal Counsel. Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY and CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: Claudia G. Silva City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Brad Raulston Executive Director Community Development Commission 1243 National City Boulevard National City, CA 91950-4301 Notice to the F1RM shall be addressed to: Bruce Beach, Esq. Best, Best & Krieger, LLP 655 West Broadway 15th Floor San Diego, CA 92101-3301 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Page 6 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The FIRM covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY/CDC and the FIRM. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CITY/CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY/CDC. This prohibition shall not preclude the CITY/CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the 9th day of November, 2010. --- Signature Page to Follow --- Page 7 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY BEST, BEST, & KRIEGER, LLP (Corporation— signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Ron. Morrison, Chairman Bruce Beach, Esq. By: APPROVED AS TO FORM: (Signature) By: Claudia G. Silva CDC General Counsel (Print Name) CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: Claudia G. Silva City Attorney Page 8 of 8 Legal Services Agmnt (CYAC ) City of National City and BB&K STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 23`d, 2010 AGENDA ITEM NO.49 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $101,765.03 to the City of National City for the period of 10/20/10 through 10/26/10 PREPARED BY: K. Apalategui DEPARTMENT: Finance• PHONE: 619-336-4331APPROVED BY: Q,, 5 ca " EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: c ,4 Finance ACCOUNT NO. APPROVE Fmay.&e MIS Approve the reimbursement of funds to the City of National City in the amount of $101,765.0$ ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: vvarrants for the period of 10/20/10 through 10/26/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 17 10/26/2010 502 SECTION 8 FUND 511 TAX INCREMENT FUND 9,526.56 92,238.47 101,765.03 PAYEE FEHR & PEERS HARRIS & ASSOCIATES INC STAPLES ADVANTAGE BRG CONSULTING, INC DESROCHERS PRO BUILD PRUDENTIAL OVERALL SUPPLY SWEETWATER AUTHORITY VISTA PAINT WESTFLEX INDUSTRIAL SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #17 10/26/2010 DESCRIPTION TIGER GRANT II 8TH ST CORRIDOR SMART GROWTH MOP# 45704. OFFICE SUPPLIES/POLICE FIRST AMENDMENT/DOWNTOWN SPECS RETIREMENT BENEFIT FOR NOV'10 MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICES WATER UTILITIES FOR CDC MOP# 68834. PAINTING SUPPLIES/NSD MOP# 63850. PAINTING SUPPLIES/NDS Start Date End Date 10/20/2010 10/26/2010 CHK NO DATE AMOUNT 238845 10/26/10 6,000.00 238852 10/26/10 80,539.05 238908 10/26/10 123.46 238796 10/26/10 4,052.26 238797 10/26/10 110.00 238798 10/26/10 138.35 238799 10/26/10 13.34 238800 10/26/10 155.90 238801 10/26/10 1,021.42 238802 10/26/10 84.69 AIP Total $ 92,238.47 9,526.56 GRAND TOTAL $ 101,765.03 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 23rd, 2010 AGENDA ITEM NO. $0 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $774,113.11 to the City of National City for the period of 10/27/10 through 11/02/10 PREPARED BY: ;K. Apalategui PHONE: 619-336-4331 DEPARTMENT: Finance n APPROVED BY: Aft EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: c j ACCOUNT NO. APPROVED: pna ;Approve the reimbursement of funds to the City of National City in the amount of $774,113.11 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: Warrants for the period of 10/27/10 through 11/02/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 18 11/2/2010 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 1,934.57 34.00 87,233.16 3,718.58 774,113.11 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #18 11/2/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT GEOSYNTEC CONSULTANTS ENVIRONMENTAL CONSULTING SVCS 238919 11/2/10 1,423.25 SAN DIEGO COUNTY RECORDER RECONVEYANCE LOANS/CDC-1994-28 238920 11/2/10 34.00 SAN DIEGO TROLLEY INC FLAGGING SERVICES 6/23/10 238921 11/2/10 160.30 SDG&E GAS AND ELECTRIC UTILITIES / CDC 238922 11/2/10 191.54 TIERRA WEST ADVISORS INC AGREEMENT / TIERRA WEST ADVISORS 238923 11/2/10 9,995.00 U S BANK SERVICE CENTER CREDIT CARD EXPENSES/ REDEV 238924 11/2/10 299.33 CITY OF NATIONAL CITY PETTY CASH P/E SEP 30, 2010 238944 11/2/10 13.52 DELTA DENTAL PLAN OF CA DENTAL INS NOV 2010 238954 11/2/10 -81.08 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE NOV 2010 238973 11/2/10 -559.26 WADE & ASSOCIATES STREETSCAPE INSPECTIONS 239019 11/2/10 13,398.25 SECTION 8 Start Date End Date SECTION 8 HAPS PAYMENTS 10/27/2010 11/2/2010 PAYROLL Pay period Start Date End Date Check Date 22 10/5/2010 10/18/2010 10/27/2010 A/P Total $ 24,874.85 660,695.44 88,542.82 GRAND TOTAL $ 774,113.1 1 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 23, 2010 AGENDA ITEM NO. / 51 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute the Letter of Intent for Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and the Community Development Commission of the City of National City, Commonly referred to as the Straight Lining Project PREPARED BY: Chris ZapatOri PHONE: Ext. 4240 EXPLANATION: Please see attached staff report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: ..er of Intent Resolution STAFF REPORT The Cities of National City and Chula Vista have an uneven boundary, generally straddling the Sweetwater River Channel. Over the decades the two Cities have discussed a boundary reorganization. The more recent discussions began in February 2005, which led to the City Council directing staff to develop an agreement for consideration by the respective City Councils. Meetings between the staff of both Cities occurred in 2006 and 2007. Thereafter, discussions lulled. In 2009. discussions regarding the development of what is commonly referred to as the drive-in site led to a Memorandum of Understanding. On or about April 28, 2009, Chula Vista, National City, the CDC, and NCSDI No. 1, LLC, ("Sudberry") entered into a Memorandum of Understanding ("MOU") to provide for the development of the Gateway Development Project as a single project with 13.60 acres located within National City, and 12.11 acres located within Chula Vista. The MOU contemplated cooperation between the Cities and the CDC in the review and processing of the Project based upon a proposed project configuration, with roughly equal total square footage of development shown in each city. The MOU has now expired. Chula Vista has offered to extend the expired MOU so it can continue to govern the processing of the Gateway Development Project, but in exchange seeks an agreement on straightlining. The proposed Letter of Intent between National City, Chula Vista and the CDC addresses the proposed straightlining of the cities' uneven common boundary line running generally east and west along the Sweetwater River Channel between 1-5 on the west and 1-805 on the east. The straightlining would result in the annexation and detachment of lands between the two cities, and promote public safety and citizen recognition, regional and intergovernmental cooperation, shared revenue, and shared investment in potential development. The Letter of Intent contemplates extending the MOU for 18 months, and negotiating a Boundary Reorganization Agreement between the two cities by December 31, 2013. In the event the Cities are unable to come to agreement regarding the proposed Reorganization by December 31, 2013, the Cities agree to negotiate for an alternative Tax Sharing Agreement applicable to the Gateway Development Project. Any alternative tax sharing negotiations will strive to achieve an equitable sharing of the net revenue, recognizing there are multiple variables that may need to be accounted for in any future formula and determinations of net revenue, such as contribution towards infrastructure, investment, and relocation of businesses from one jurisdiction to another. National City has committed financial resources, including redevelopment funds, to assist in bringing the Gateway Development to fruition. These commitments have been articulated in a proposed Development and Disposition Agreement, and include such terms as sale of a CDC -owned site to the developer and financial assistance amounting to $2.4 million for the construction of off -site improvements. These factors would be considered in any discussion for an Alternative Tax Sharing Agreement. Letter of Intent For Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and National City Community Development Commission Commonly referred to as the Straight Lining Project This Letter of Intent is between the City of National City ("National City"), the City of Chula Vista ("Chula Vista") (collectively, the "Cities"), and the National City Community Development Commission ("CDC") to address the proposed straightlining of the Cities' uneven common boundary line running approximately east and west along the Sweetwater River Channel ("Channel") between Interstate 5 on the west and Interstate 805 on the east. WHEREAS, Chula Vista and National City previously entered into discussions for a proposed project known as the "Straight -lining Project" ("Reorganization") which would result in the annexation and detachment of lands between Chula Vista and National City in order to straighten the uneven boundary- line, for the following stated reasons: i) public safety and citizen recognition, ii) regional and intergovernmental cooperation; and iii) shared revenue and shared investment in potential development. Preliminary engineering work began on the Reorganization in 2006 and was subsequently suspended in 2009; and WHEREAS, on or about April 28, 2009, Chula Vista, National City, the CDC and NCSDI No. 1, LLC, a California limited liability corporation ("Sudberry") entered into.a Memorandum of Understanding ("MOU") to provide for the -development of the Gateway Development project as a single project with parcels in each City, as identified in the MOU, which MOU has now expired; and WHEREAS, the Gateway Development project site is approximately 25.71 acres, of which 13.60 is located within National City and 12:11 acres is located within Chula Vista; and WHEREAS, the MOU contemplated cooperation between the Cities and the CDC in the review and processing of the Gateway Development based upon a proposed project configuration, with roughly equal total square footage of development shown in each city. At that time, the developer was seeking commercial tenants, however final commitments had not been obtained. Currently, proposed changes in the project may result in a decrease in commercial development contemplated within the jurisdictional limits of Chula Vista, and WHEREAS, in recognition of environmental impacts of the project occurring predominately in National City, the MOU provided for National City to be the lead agency for purposes of environmental review of the proposed project; and WHEREAS, National City and the CDC have both committed financial resources to assist in bringing the Gateway Development to fruition. These commitments have been articulated in a proposed Development and Disposition Agreement, and include such terms as sale of a CDC owned site to developer and financial assistance amounting to $2.4 million for the construction of off -site improvements. The parties seek to: 1) extend the MOU so it can continue to govern the processing of the Gateway Development project and address the change in the Gateway Development proposal; and, 2) straighten the boundary between the Cities as follows: A) The Cities will continue project review and processing of the Gateway Development as contemplated in the MOU and extend the MOU for 18 months. B) The Cities will works towards entering into a Boundary Reorganization Agreement, to be brought forward for consideration by the respective legislative bodies of the Cities by December 31, 2013, to continue with the Reorganization as originally contemplated and depicted on the attached reference exhibit on substantially the following terms: ❑ Each City will be responsible for preparation and processing of required documents, including municipal services review, reports and environmental review for areas to be annexed into its jurisdiction. The Cities will work cooperatively to provide timely and complete documents and information needed by the annexing City in its preparation of materials for Reorganization. ❑ The Agreement will include a schedule to ensure the timely delivery of information and preparation, review and approval of necessary documents for the Reorganization. ❑ The Cities will negotiate a Tax Sharing Agreement in order to make the Reorganization revenue neutral, i.e. neither city will receive less sales tax revenue than a base line year, to be determined, with annual adjustments for inflation and consumer price indexing, to be more specifically determined by agreed upon formula and process; provided, however, that the CDC will be entitled to continue to receive tax increment generated within the portion of the National City Redevelopment Project area to be annexed into Chula Vista, until the Redevelopment Plan expiration date. If the Cities are unable to come to agreement to conclude the proposed Reorganization by December 31, 2013, then, the Cities agree to negotiate for an alternative Tax Sharing Agreement applicable to the Gateway Development Project, as approved. Any such negotiations will strive to achieve an equitable sharing of the net revenue, recognizing there are multiple variables that may need to be accounted for in any future formula and determinations of net revenue, such as contribution towards infrastructure, investment, and relocation of businesses from one jurisdiction to another. These variables are not exhaustive. IN WITNESS THEREOF, the parties have executed this Letter of Intent on the 23rd day of November, 2010. CITY OF NATIONAL CITY CITY OF CHULA VISTA Ron Morrison, Mayor Cheryl Cox, Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Ron Morrison, Chairman RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION' OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE THE LETTER OF INTENT FOR PROPOSED REORGANIZATION PROCESSING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, COMMONLY REFERRED TO AS THE STRAIGHTLINING PROJECT WHEREAS, the Letter of Intent between National City, Chula Vista and the Community Development Commission of the City of National City ("CDC ") addresses the proposed straightlining of the cities' uneven common boundary line running approximately east and west along the Sweetwater River Channel between 1-5 on the west and 1-805 on the east; and WHEREAS, the straightlining would result in the annexation and detachment of lands between the two cities, and promote public safety and citizen recognition, regional and intergovernmental cooperation, shared revenue, and shared investment in potential development; and WHEREAS, on or about April 28, 2009, Chula Vista, National City, the CDC and NCSDI No. 1, LLC, ("Sudberry") entered into a Memorandum of Understanding ("MOU"), which is currently expired, to provide for the development of the Gateway Development Project as a single project; and WHEREAS, National City and the CDC have both committed financial resources to assist in bringing the Gateway Development to fruition. These commitments have been articulated in a proposed Development and Disposition Agreement, and include such terms as sale of a CDC -owned site to the developer and financial assistance amounting to $2.4 million for the construction of off -site improvements; and WHEREAS, the parties seek to extend the MOU for 18 months so it can continue to govern the processing of the Gateway Development Project, and straighten the boundary between the Cities upon mutually acceptable terms. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Letter of Intent for Proposed Reorganization Processing Agreement between the City of Chula Vista and the City of National City and the Community Development Commission of the City of National City, Commonly referred to as the Straight Lining Project. Said Letter of Intent is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva General Council, CDC CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO.52 M TITLE: Resolution of the Community Development Commission of the City of National City Authorizing the Chairman to Execute Amendment No. 5 to the Disposition and Development Agreement by and between the CDC and Constellation Property Group (A Avenue) LP, and accepting the Conveyance and Release of Real Property Pursuant to said Amendment PREPARED BY: George H. Eiser, III p DEPARTMENT: City Attorney fi PHONE: Ext. 4221 APPROVED BY: EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: norandum 3ndment No. 5 to the Disposition and Development Agreement Proposed resolution Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: FROM: SUBJECT: CALIFORNIA NATIONAL CITY C_, a - AV INCORPORATED Office of the City Attorney Mayor and City Council George H. Eiser, III, Legal Counsel Amendment No. 5 to Disposition and Development Agreement City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette DATE: November 16, 2010 On August 30, 2005, the CDC entered into a Disposition and Development Agreement ("DDA") with Constellation Property Group (A Avenue) LP, for the development of approximately 1.2 acres, mid -block between National City Boulevard, B Avenue, l lth Street, and 12th Street (the "Site"). The Site was sold by the CDC to Constellation for $10, for construction on the Site of approximately 40 condominium residential units (the "Centro" project), approximately 2,700 square feet of commercial office space (the"R-2" project), and a new A Avenue trolley transit center. The DDA further provided that for $10, Constellation was to convey to the CDC an office unit with the exclusive use of four parking spaces, and for an additional $10, convey the trolley transit center to the CDC. Since the DDA was entered into, it has been amended four times, and the CDC and Constellation entered into an Option Agreement. Constellation's obligations with respect to making the conveyances to the CDC were modified pursuant to Amendment No. 2 to the DDA and the Option Agreement. Pursuant to Amendment No. 2, dated October 16, 2006, Constellation agreed to grant to the CDC a portion of the Centro property referred to as the "Condominium Unit", consisting of a residential condominium unit and two parking spaces with a value not less than $500,000. Amendment No. 2 replaced the Developer's obligation under the DDA to grant office space to the CDC with the obligation to grant a residential condominium unit. Pursuant to the Option Agreement, effective February 28, 2007, Constellation granted to the CDC the option to acquire a portion of the R-2 property, referred to as the "R-2 Office Space", consisting of office space not less than 2,700 square feet and four parking spaces on the R-2 property. As a result, the CDC, as "optionee" acquired the option to trade/exchange the Centro condominium unit for the R-2 Office Space. For various reasons beyond the scope of this memorandum, neither the R-2 office project nor the trolley center will be built. Constellation and East West Bank, the successor to the original construction lender on the Centro and R-2 projects and a holder of a first deed of 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Amendment No. 5 to DDA November 16, 2010 Page 2 trust on the Site, are proposing a fifth amendment to the DDA to formalize the obligation to transfer a residential condominium unit to the CDC. The proposed resolution would approve Amendment No. 5 to the Disposition and Development Agreement (the "Amendment") between the CDC, Constellation, and East West Bank. The Amendment provides that Constellation will convey a specified condominium unit to the CDC, and that East West Bank will release a portion of its deed of trust on the Centro property relating to the condominium unit. Upon the transfer of the condominium unit, all of the obligations under the DDA will be completed. GEORGE H. EISER, III Legal Counsel GHE/gmo AMENDMENT NO. 5 TO DISPOSITION AND DEVELOPMENT AGREEMENT This Amendment No. 5 to Disposition and Development Agreement (this "Amendment") is made and entered into as of November , 2010 (the "Effective Date"), by and between the Community Development Commission of the City of National City, a public body, corporate and politic (the "CDC") and Constellation Property Group (A Avenue) LP a Delaware limited partnership ("Constellation") and is acknowledged, consented and agreed to by East West Bank, as Assignee of the FDIC as Receiver of United Commercial Bank, a California Banking Corporation ("East West") Recitals A. The CDC and Constellation entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "Original DDA") for the Centro Project ("Project"). B. Under the terms of the Original DDA, the CDC transferred the property on which the Project is constructed (the "Property") to an affiliate of Constellation pursuant to that grant deed recorded on October 26, 2005, as Document No. 2005-0930606, in the County Recorder's Office of the County of San Diego, California (the "Original Grant Deed. C. Under the terms of the Original DDA, in return for the Property, Constellation was to provide the CDC with the construction of (1) office space in the Project (the "Office Space") and (2) a trolley transit center and certain street improvements to A Avenue (the "A Avenue Improvements", together with the Office Space the "DDA Obligations"). D. On October 17, 2006 the DDA was amended, modifying the DDA Obligations (the "Second Amendment," together with the Original DDA, the "DDA") Under the Second Amendment, the obligation to provide the Office Space was removed and in its place, Constellation was obligated to provide a condominium unit and two parking spaces (the "Condominium Unit"). E. On or about October 16, 2007 Constellation entered into a construction loan agreement (the "Loan Agreement") for with United Commercial Bank ("UCB") to construct the Project. Pursuant to the Loan Agreement, Constellation entered into a promissory note ("Promissory Note") with UCB, which was secured by a deed of trust recorded on October _, 2007 as Document No. 2007- in the offices of the recorder of the County of San Diego (the "Deed of Trust".) The Promissory Note secured by the Deed of Trust is junior to the DDA Obligations. F. On or about April 26, 2009, UCB ceased to operate and was taken over by East West Bank ("East West"). East West is currently the holder of the Promissory Note. G. East West, the CDC and Constellation now wish to formalize the transfer of the Condominium Unit on the terms and conditions set forth below. DDA AMENDMENT NO. 5 1 NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CDC, Constellation and East West agree as follows: 1. Nomination of Condominium Unit. The Condominium Unit to be provided to the CDC shall be Unit No. . 2. Transfer of the Condominium Unit. Prior to the receipt of the certificate of Occupancy for the Project, Constellation shall transfer the Condominium Unit to the CDC pursuant to the grant deed attached hereto as Exhibit A. Upon the transfer of the Condominium Unit, East West agrees to release that portion of the Trust Deed relating to the Condominium Unit. 3. Completion of Obligations. Upon the transfer of the Condominium Unit, the CDC acknowledges and agrees that the DDA Obligations shall have been fully and finally completed. 4. Miscellaneous. Except to the extent expressly modified by this Amendment, the DDA, and all subsequent amendments, remain in full force and effect. To the extent of any inconsistency between this Amendment and the DDA, the terms and conditions of this Amendment shall control. This Amendment may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DDA AMENDMENT NO. 5 2 IN WITNESS WHEREOF, the CDC and Constellation have executed this Amendment as of the Effective Date first set forth above. Attested: CDC Secretary CDC: Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: CONSTELLATION: Constellation Property Group (A Avenue) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation Its: General Partner By: AGREED, ACKNOWLEDGED AND ACCEPTED East West Bank: DDA AMENDMENT NO. 5 3 EXHIBIT A Grant Deed RECORDING REQUESTED BY: STEWART TITLE COMPANY WHEN RECORDED RETURN TO: *************************************************************************** GRANT DEED The undersigned Grantor declares: (1) The documentary transfer tax is $ , which is computed on full value of the property conveyed, County of San Diego. (2) The property is located in the City of National City, County of San Diego. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership ("Grantor"), hereby grants to , ("Grantee") the following described real property in the City of National City, County of San Diego, State of California: AS PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR: CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation Its: By: Name: Its: ACKNOWLEDGMENT DDA AMENDMENT NO. 5 4 STATE OF CALIFORNIA ) ) ss. COUNTY OF On , 201_, before me, , a Notary Public for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity(ies), and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DDA AMENDMENT NO. 5 5 EXHIBIT "A" A Condominium comprised of: PARCEL 1: An undivided 1/61st fee simple interest as a tenant in common in and to the Lot , of Map No. , in the City of National City, County of San Diego, State of California, filed in the Office of the Recorder of San Diego County, 201 _. EXCEPTING THEREFROM, the Association Property and Units through , inclusive, of said Lot , of Map No. , as shown on that certain Condominium Plan, recorded on , 201 , as Instrument No. , of Official Records, in the Office of the County Recorder of San Diego County ("Condominium Plan"). ALSO EXCEPTING THEREFROM, for the benefit of Grantor, its successors in interest, and others, together with the right to grant the same to others, such Exclusive Use Association Property easements as defined, described and shown in said Condominium Plan and the Declaration of Establishment of Conditions, Covenants and Restrictions for Centro ("Declaration"), recorded on , 201 , as Instrument No. , of the Official Records of San Diego County, California, including any amendments thereto. PARCEL 2: Unit No. , of said Lot , of Map No. , as shown and described in said Condominium Plan. RESERVING FROM SAID PARCELS 1 AND 2 ABOVE, for the benefit of Grantor, its successors in interest, and others, easements for access, use, enjoyment, repairs, and for other purposes, all as described in the Declaration. PARCEL 3: Those certain Exclusive Use Association Property balcony and/or patio shown and designated in the above -referenced Condominium Plan located adjacent to the Unit, consisting of exclusive easements for use thereof appurtenant to Parcels 1 and 2 above, as defined and described in the Declaration and the Condominium Plan. PARCEL 4: Those certain Exclusive Use Association Property parking spaces shown and designated in the above -referenced Condominium Plan with the designation " ", consisting of exclusive easements for use thereof appurtenant to Parcels 1 and 2 above, as defined and described in the Declaration and the Condominium Plan. PARCEL 5: Nonexclusive easements for access, ingress, egress, use, enjoyment, drainage, encroachment, support, maintenance, repairs, and for other purposes, all as described in the Declaration. DDA AMENDMENT NO. 5 6 SUBJECT TO: 1. Taxes for the fiscal year. 2. Covenants, Conditions, Restrictions, reservations, rights, rights of way, easements of record, if any. 3. The "Notice of Seller's Election for Handling of Construction Claims Pursuant to California Civil Code Section 895, et seq.", recorded on 201, as Instrument No. , in the Office of the County Recorder of said County. 4. All other covenants, conditions, restrictions, reservations, rights, rights -of -way and easements of record as well as any of such matters that are apparent. BY ACCEPTANCE AND RECORDATION OF THIS DEED, AND BY ITS EXECUTION OF THIS DEED, GRANTEE HEREBY (A) ACCEPTS AND APPROVES ALL OF THE FOREGOING IN THIS DEED, (B) GRANTS TO GRANTOR AND A AVENUE LIVING, INC. SUCH POWERS AND RIGHTS AS ARE SET FORTH IN THE DECLARATION, AND (C) ACCEPTS, APPROVES, ADOPTS, RATIFIES AND AGREES TO BE BOUND BY, AND TO ASSUME PERFORMANCE OF, ALL OF THE APPLICABLE REQUIREMENTS, COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS SET FORTH IN THE DECLARATION, AND ALL AMENDMENTS THERETO, ALL OF WHICH PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE THERETO WITH THE SAME FORCE AND EFFECT AS THOUGH FULLY SET FORTH HEREIN AT LENGTH, AND AGREES TO PAY PROMPTLY WHEN DUE, ANY AND ALL ASSESSMENTS AS REQUIRED UNDER SAID DECLARATION. GRANTEE: DDA AMENDMENT NO. 5 7 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 201 , before me, , a Notary Public for the State of California, personally appeared and who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature DDA Amendment No. 5 Page 8 RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT NO. 5 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND CONSTELLATION PROPERTY GROUP (A AVENUE) LP, AND ACCEPTING THE CONVEYANCE AND RELEASE OF REAL PROPERTY PURSUANT TO SAID AMENDMENT WHEREAS, on August 30, 2005, the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement ("DDA") with Constellation Property Group (A Avenue), LP ("Constellation") for the redevelopment of approximately 1.2 acres between National City Boulevard, B Avenue, 11th Street, and 12th Street (the "Site"); and WHEREAS, as part of the redevelopment project, Constellation was to construct on the Site approximately 40 condominium units known as "Centro". Pursuant to the DDA, as amended, Constellation was obligated to convey to the CDC for $10 a residential condominium unit and two parking spaces; and WHEREAS, Constellation will be in a position to convey the residential condominium unit to the CDC upon approval of the final subdivision map for Centro. Constellation and East West Bank, the construction lender and holder of a first deed of trust on the Site, desire to memorialize the transaction pursuant to which the residential condominium unit will be conveyed to the CDC; and WHEREAS, in order to memorialize the transaction, Constellation and East West Bank have proposed Amendment No. 5 to the Disposition and Development Agreement by and between the CDC and Constellation (the "Amendment"). The Amendment will be entered into between the CDC, Constellation, and East West Bank, and provides that prior to receipt of a Certificate of Occupancy for Centro by Constellation, Constellation will convey the residential condominium unit to the CDC, and that upon such conveyance, East West Bank will release that portion of its deed of trust relating to the condominium unit. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute Amendment No. 5 to the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Constellation Property Group (A Avenue), LLP. BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby accepts a Grant Deed from Constellation Property Group (A Avenue), LLP, for the conveyance of one residential condominium unit in the Centro condominium project, together with all related exclusive rights and nonexclusive easements in said project, and directs that the City Clerk record the same. BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby accepts the release of the residential condominium unit from East West Bank, and directs that the City Clerk record the same. --- Signature Page to Follow--- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva General Council, CDC CITY OF NATIONAL CITY, CALIFORNIA _ COUNCIL AGENDA STATEMENT MEETING DATE: November 23, 2010 AGENDA ITEM NO. 53 EM TITLE: Quarterly Report — Development Services Department PREPARED BY: Maryam Babaki DEPARTMENT: Developm PHONE: 4380 APPROVED B EXPLANATION: Each quarter, the Development Services Department will provide an update to the Council on the status of development, Capital Improvement projects, revenue, permits issued and other department accomplishments. Since this is the first report to Council, it covers the period of July 1, 2010 to October 31, 2010 (4 months) • FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Department Highlights and Revenue Information Development Project Status Report 3 Capital Improvement Status Report DEPARTMENT HIGHLIGHTS AND REVENUE INFORMATION July 1, 2010 to October 31, 2010 The Development Services Department provides comprehensive land use and development services to both the public and the City, and supports the promotion and regulation of development within the City. Highlights for the Department for this period: City's Voluntary Separation Program The Department had two employees retire under the City's voluntary separation program, and separation of one additional employee. These positions have not been tiled, and various current staff members arc adding the duties of these employees to their existing duties_ This is in addition to existing six vacancies, for a department total of nine. . Permit Tracking Software The Department has worked closely with GovPartner, the consultant for the new pernnitting software. Numerous meetings, reviewing of existing processes, updating of permit forms has occurred. It is anticipated that the Building module of the software will be implemented by December, with the Planning and Engineering modules being implemented in December/January. Customer Service/Cross-Training Development Services staff, since late August has assisted 561 customers at the "one -stop" public counter. In an effort to provide quality customer service, all Development Services Technicians are undergoing cross -training. This will ensure all customers receive prompt service at the counter. This training will continue with implementation of the new permit software. Division Specific Highlights: Planning —provides assistance to residents and development community on land use, zoning, and General Plan inquiries. The Division analyzes potential impacts to the environment on all public and private development projects; and provides analysis of discretionary permits for Planning Commission and City Council public hearings. • Held 3 Planning Commission meetings, with 18 public hearings, and 17 items processed through City Council • Reviewed 149 Business Licenses • Conducted 59 Plan Checks • Prepared environmental documents for public review for Sudberry Project. • Finalized Westside Specific PIan document, Implementation Program and land use code changes • Updating Autobody Guidelines (in progress) • Updating Landscape Guidelines (in progress) 1 • Coordinated with Redevelopment on TOD project • Processed two Mills Act Applications • Added one site to City's Historic Site List • Processed Amendment to Sign Code regarding temporary signs Building - provides assistance to residents and the development community on building codes and fees, reviews buildings plans, and conducts on -site inspections to ensure construction complies with the adopted building codes. • Issued 211 building permits • Had 307 applications submitted for review • Conducted 1,040 inspections • Issued Final occupancy for commercial portion of Harborview Project • Analyzed and updated various building codes to conform with State -mandated CalGreen Codes, that go into effect January 1, 2011 • Obtained Council approval to process reimbursement of inspection fees paid in excess of the former fee to applicants who applied for a building permit during the lower fee period, were invoiced at the lower fee level and obtained a building permit after the reinstatement of fees to the 2008 fee level • Processed 1s1 Amendment to Agreement between City and EsGil Corporation to extend Agreement for one year to provide plan checking, building inspections and other related services Engineering -- Administers the City's capital improvement program, conducts construction inspections, manages the storm water discharge program, traffic engineering and long-range transportation improvement project. Construction • 17 construction permits were issued • issued 46 utility permits • Conducted 50 plan checks • Conducted 20 Inspections • Moved $2,200.75 from Trust & Agency Deposits to General Fund for time spent by staff • Updated Appendix J (Grading) to conform with CalGreen Codes • Filed JURMP Annual Report with the Regional Water Quality Control Board • Processed three easements for the Harborview Project • Processed two encroachment agreements • Processed Amendment to existing Cooperative Agreement between the State of California and City for portion of Plaza Boulevard widening improvements at 1-805 underpass • Processed 4 Priority SUSMP Projects 2 Traffic • One Traffic Safety Committee Meeting held, with 6 items reviewed and processed through City Council • Coordinated with MTS for installation of 20 new bus benches • Received $450,000 Safe Routes to School Grant for 8ih Street, D Avenue to Highland Avenue • Public Workshop held on 8th Street Revitalization Streetscape Program (Trolley Station to D Avenue, K Avenue to Palm Avenues) • Public Workshop held on Bicycle Master Plan • Began Phase III Design, Safe Routes to School for safety enhancement at school crossings • Issued Request for Qualifications, conducted interview's and selected consultant for Coolidge Avenue Safe Routes to School Program • Completed Inventory for City-wide Traffic Signal Upgrade Project • Reviewing cost saving measures for the City to construct the 20A underground utility conversion along 8th Street Capital Improvement Program • Continue with property acquisition for Plaza Boulevard Widening • Issued Request for Proposal, reviewed 17 proposals, selected live new on -call Consultants, and processed five new Agreements • Prepared Request for Proposal, reviewed, selected and entered into contract for litter removal at Paradise Creek • Processed two extensions of on -call Agreements for Materials Testing • Prepared plans and specifications for six Capital Improvement Projects o Soccer Field o Street Resurfacing o Cultural Arts Center Landscape Improvements, o Concrete Improvements o ADA and Park Garden o Drainage Improvement • Awarded five new Contracts for Capital Improvement Projects o Soccer Field o Street Resurfacing o Cultural Arts Center Landscape Improvements, o. Concrete Improvements o Drainage Improvements • Finalized four Capital Improvement Projects o Kimball Bowl Sod o Parks Rehabilitation and ADA Improvements (Phase 4) o Multiple Facility Project o PD Waterproofing and Staircase repair project • Filed $10 million grant application for construction of Plaza Boulevard Wide;; Project • Processed California Multiple Award Schedules for purchase of synthetic tur permanent striping material/product for El Toyon Soccer Project 3 REVENUE INFORMATION Division Revenue Received (7/1/10 to 10/31/10) % of Estimated Budget received Planning* $11,468.80 7.66% Building $176,153.58 55.70% Engineering $21,973.00 51.15% While Planning revenue numbers are low, the estimate was based on the fees returning to the 2008 level, while Council action was to collect at a 25% initial fee deposit basis. The Planning Revenue estimate will need to be adjusted at mid -year budget review time. 4 CA I INCORPO`RATEp PROJECTS UNDER REVIEW Protect Name Address Comments 1 Gateway (Sudberry/Lowe's) Drive -In Site Scheduled for Planning Commission hearing 11/22, to City Council 12/7 2 Blendstar Ethanol/Fuel Terminal 19th & Haffley On Hold by Applicant 3 Riverview 1502-1920 Sweetwater Road On Hold by Applicant 4 AutoZone 2100 Highland Avenue Permit Issued 5 Aquatic Center Goesno Place Under Plan Check review PROJECTS IN CONSTRUCTION: Project Name Address Comments 6 Canyon Ridge Homes Street l Avenue & Blueridge Street 9 homes remain to be constructed 7 Centro 12th Street & A Avenue City Council public hearing 11/23 8 Frasier -Boiler 3101 Hoover Avenue Construction underway 9 Harborview 8th Street & D Avenue 16 residential units rented and occupied. Finalizing commercial portion 10 Hilltop View Homes 8th Street & Harbison Avenue Building Permit issued 2/18/2010. First footing inspection occurred 11 Pacific View Estates Fig. Court & Division Street 20 homes pending construction PROJECTS APPROVED, NOT YET IN CONSTRUCTION: Project Name Address Comments 12 Grove Street, 8 Homes 2121 Grove Street No activity by applicant 13 Highland Heights, 10 unit condominiums 2504 Highland Avenue No activity by applicant 14 Palm Plaza Plaza Blvd. & Palm Avenue Working with Engineering on Final Map approval 15 Paradise Village (Generations), Final Phase, 8th Street & Arcadia Avenue Pending submittal of Building Permit for final phase 16 Paradise Medical Center 8th Street and "V" Avenue Pending approval of SUSMP document 17 Park Lofts 16th Street &National City Blvd. Pending revision to Downtown Specific Plan 18 Expansion of Vallarta Shopping Center 901 Euclid Avenue Pending building permit submittal 11/10/2010 onereo ., PRE �I -DESIGN or PRE.PONbEb PROJECTS' Funding Project Name PM Source Prolecl Spec. Scope RFC) RFD RFP Design eexty Bud et Number Number g eGada NOE VlsI13 R Determined isetl¢ Due Issued Award Deedll-ie EIR Mewl Action Items I ITreffc Signal upgrade Stave 107 Prop a 5400,000 6556 TBD TBD jA / /" /1{ Y Issue RFP by Nov. 151n for assign and Inspection services 3238RT5 5530,000 / 2 Sale Routes t0 School 721h 8 D ROundabou•. Sieve 1ED i6J 100 TBD TBD TBD TBD / � % y Issue RFP by Nov. ISIn for assign 0910eneral §125.000 7 Pori Pro ,eclsiTreaie'Pa king 6lvalas. Aquatic Centex Me am '1 /f// / / / ` BI?¢reel Park TOTALb 0te'6 FOR PR�J'590..0 s Steve 4i.:: #I 53,900,000 TBD TBD TBD / � %j/// Il"' j Co, prplects recently apGicvetl ov the Purl PROJECTS IN DESIGN; F-, rnding Project Spec. Ya #even Pre'Bln e,d A200 Council NIP Begin Consl Completion NOE Weekly Pro,. Name PM Source Bud el Nt tmber Number Plans Cele Meati, C.enln. Due Award Issue Prer.on Gnnalr De s Dale EIR Mealin Action Items 4 8th Street, K To Palm Sieve ' . _ to 11 0 5/16 6/1 6/20 715 71I9 811 8)4 8/8 120 ', 2115/11 1 Processing NEPA 0ailrene'. rltrough 10% plane due Nov. 301h 5 Coolidge Fed. Safe Routes'c Schen Steve 1111111Td1(.811ReSVITIT Q 8173 09.12 0 5118 6/ 8i20 7.'fi 7119 6;1 8/4 6/9 120 12/ 5/' 1 Y Award design contr., to Kirke), Horn al 11,23 0ourrcI meet), City Wide Sale Routes to School pi. j14 Schoo;e•5elery and 301 CDBG R 595,000 Acce 908.,y Enhancements e' Pad Crossin s g) 61eva 001 General 5+n3,DDB 09-16 0 2rsd 2123 3118 3126 4,19 8,5 5/5 519 Fo Ar1 / 1 5 1 y Fine' design due 2n rewarded scope) 323 5330,000 ®T Avenue Din 307 Prep 829,13a IMINIZEIZI T80 T80 100 TBD TOO TBD TBD TBD TBD T BD TBD TBD TBD y Design complete. Researching B^ 9 grant op Fanunuies IOr conswciton funding. 8 Civic Center Date Canter/AC Ron 8291nfo Bye. Meint. $130,003 8037 TBD 0 TBD TBC 'BD TED TBD TBD 'BD TBD T60 TBD - ROn to coordinele with Public Waks 32- Smart Growth 92,030 000 9 Bei Street Streetscepe Smart Growth Stave 307A $100,000 National City Boulevard to Highlano Avenue 20A Util Underground $1,000.000 3918 0013' 0 6118 fill 6,20 715 7/19 Bn 6l4 8/8 180 42/20N ` Coordirating uull;y undeialoundiny 511 TIF 5500,000 103 -.1 sr9,:49 1D Plaza Blvd *cloning Dln 307 .882 37. ininiailll 6569 99.9 85 TBD TED TBD T80 TBD TBD TBD TBD TBC TBD Rt hclwa ec 01 Ions m ro ress Reviewm tuns. g r F' p 9 9p 11 '• W�xlh�(fi es1ante Pi" -. YTO.:7,' gib •. '! s s' :11.. bt174 ' 1009 100 '01;9 1114p 1719j H{W„71J23 • 12/5'� 1L76 25; 1r30 'Exempt .. Out lob101 ar ; +,f<<, ,.v9 t?'µ i454 12 Ptata Bonne 81ke Path Sieve 296T DA 5,30,000 t013 TBD 90 TBD TBD TBD TBD TBC Teo TBD TBD TBD TBC se gin -ampleie 6y ando year -esearcning yrdnl oo.enunlas or consuuceon tuns)!r. 13 Badge Holiday Lighting 'OTA46U°6 Ma am TBD 1Bt TBD TBD TBD TBDpv TBD TBD TBD T90 T80 TBD no T60 TB0 Reseercn mg design endmslaltalton oppon,Mlles .F(i.)Pab" FT.:)1 PO.I.GN I . .. .. _ .. n n ,: 6 •.fir, B6 ,,.�, ;i FS, .�i,.�, ,{+�F1 f f.,l'(1Oi1 a F fµ GREEN.NORMAL TRACK 'CDB F�A37`RACR 0RCJF4TY'OVP ET ;3 , 1 � �' )'A Q �'1"yA1�0)1is „r CONSTRUCTION PROJECTS; Pro)ecl Funcing Budget Pro)ect Spec h Begin Vr"kg Comp Invoice InvAccep' Paynil NOE OIR NOE Weekly Project Name Manager Source Amount Number Number Comp Date Cnys Date Rec'd a React 0.1e Da':e Re.onec EIR Mee'.ln. Comments td Marine Gateway 6ir elscepe 3842 081E 1100 1026 120 9/e/'-0...-.r ,/�� yes v T,reNt 9.0 'mwvar lnis week. Barb11.11111214611111111.101=1 75 Street ResaMng P31011 urt On Byrn f%%/fIl%%� �,• m Exeu'. Tuea'1C.00 ci Begin Ccnslrucn 109 E63 000 6s3 19.01 37 B/10 70 10/30 348 .90Ai SCOT bt35 18 91n& A Holiday Tree Replacement Byron PPC N'A 0 1117 1 11//7110 1111M111111. Exemo' Tree selected. 17 Soccer Field Broy/ Byron do E 77 01 0 '1n 9C 3/IS � Exempt Wso 10-II Construction tob no tilt g J�( "I�fSD "spa v+r s Ds� RITMO �(� 10.03' 0 11111- 45 1/- 2i§ t'Nr, Y Exempt Wed 8-9 glee are In 1164h A}mbGo IS t® 0renl low ylHder v w � �r..FP Arve.. J6,x1t�wyel 18 .w .N, QI� ii '- ee .lr =' irr A�•. 19 ddnigY�.�Ynp{¢hU IFV 10.11 ' ! ClTarl.e a* -.l a 13 1 T..��/r 10.02 0, j1/15 d5 }J11 , yf ".:, V�� EzemPt Wad B-1C BIBS e`re Sn vBI866< 009 yoliabuctbn le lhd apparentIaw *idol,-s �^ I ° /0/ $VAS ., .";' , 1AB bee Tax §#BLOB .. 20 Art Center Phase II, exteriorD" .-r°P'. emes 511 TIF E51000 37 3544 3744)/�// 0817 25 10/4 46 '2'2 ..■■%J//A Exempt Ender Construction C5786'FA9TTRACI(P20JECT/COMPLETE 5PAIQ;9v,41307116 'METrOR1.561,V0`}bf1RR0JE.1'S"L I ;T 'irYirr.-4))600.YELLOW TN CONSTRUCTION OREEN'CONSTRUCTIOiu COMPLETE 11/10/10 NATI '(AIB'av 1NCOH40R ic¢O -' ON.001N0 PROJECTS/CONCEPT DEVELOPMENT Funding Project Protect Neme PM Source Budget Number �� Anldn Items Ongoingonrlotn and site eral1alions. Tref% Safety Commldee items . data collection . (eoncedal exHot10058lg Citywide atonal Nmrng evaluations for 80locations la be completed oy Idey 37v (expended scope). 21 hafAc Manilorninp Steve M 109 Gas Tax 5137,457 66]3 00'Genaral $54,18$ 22 TreMc 5 gnat Tminglinterwnnsa 91eve B. 001 General $52.635 6565 ♦\l\ \ \ \ �� tog $t4,e66 (OTAL 4FJ000T POk ON$,OINGPROJECTS L:- TOTAL BUOCET EOI.ALL PROJECTS <. .caJ 'rm,S n • 4• @y ! ,r, ii PY . A .tr N done) City B vd.91re.Ucape & Fountain Plaza 8572 33.066,705 TIF Smart Growth WOGS 06.01 Sewer Pump Statlons Reha5ilitatbn 2014 $640,566 Sewer Funds 13,'748 C4.08 Park Rehabilitation, Phase I 4127 $35,443 General Func 2/17(08 07 0E A £yf{{{ Park Rehebllltellon. Phase 11 4127 3109,600 General Fund 10/20;09 1n 4J Perk Rehebin07.06C letlon, Phase ll'. 4127 3177,1891 Oanerel Fvnd 6118l09 07-06 P rka Rehab PH IV at27 $67.615 General Fund 8/311p 09-07 r0 31 est Resurlacng, Slurry, FT 07-0B 6075 $315,365 Gas T,TC Funds 7'7109 o7.03 Streel Resurfacing. FY 08-09 6035 $5.265,090 Gas T TR, Prop A/1B 9115/09 0804 4. Highland Avenue Srreel PasudacIno 6157 $1455,175 TIE 6/16/09 06-05 k3 Police Department Security Upgrades 848,535 SLES Fimd 8/18/09 0905 4 ' Polka Department Waterproofing, Phase I 1408 $123,925 General Fund 9/1/09 05.14 Sale Routes to Sdmol. Phase I 6166 5442,984 SRS Grenl OTS Grant 10/6/09 03 G5 Manna Way Storm Drain 3842 5104 630 71F 5r17/09 3e 12 b � Old Library Remodel 3744 11487 832 TIE 5/19,00 ge0+ , •; Bey Manna Widening 3842 $1,198. 438 TIF I 11/17(09 C8 13 •� Skate Perk 6035 $11,782 P&P Cap Fund 9/15109 08 04 3weehvaler Road Sidewalk 6035 $140,580 County Grant 10/18r05 03-10 aSale Routes to Senool, Phase II 6168 fi87c $59d,576 $RS Grant OT5 Grant r /6.'10 09.14 ^'.Wee. �yrF,N, Concrete Improvements, FY 09.10 6OB7 6093 3134,890 CDS3 CGBG.R Funs 1223/09 09.05 F[jx1, Ng lot fix, water tanks, slarrwell repairs $337 211 COCM 8/19,10 09-04 , 4 Senior Cu, 4O0dreplt„ Fire Suppr'n,Repers to PW 'AEA Lounge, Civic Ctl MEA lounge F30,'02 Fac Vabl. Gal Fond 6r16r10 09.04 Natlonel Clry Senior Nutrition Center Repair Protect $62.684 GDCM 613/10 09-05 y ' PD Walarpr0aeng, Phase It 580.684 General Fund 9113/10 0920 LEGEND. .41897B724C01401.-pTEtl;PR6CT5Tgid1 t CDBO • Community Development Block Gram CDBG-F • Community Development Stock Grant Stimulus CC • Carry Over Funds P56E - Plans, 5peci7zat ens. and Esthete RFC . Request for Oual,Icetions 001 • General Funa 103. General Caplet Culled Fund 'OS Sete Gas Tax TDA(T an8Nel Bicycle enn Podeshen Grant 115 • Park 6 Rec Caplet Ougay Fund 125 • Sewer Service Funds 189. Civic Center Relurphishlnp Fund 196. Capi el Project Reearve 301 • CDBG 304. Park Ceve'onmen. Fund 307 • Ftcp A 312 - STP Local/Transnet hlghwey C23 • Sale Routes to Schools Grant 346 - Proposl Iron 16 Does not apply 350 • Capliel Project Redevelopment CDC M. Community Development Mieoenedos Fund .1/10/30 • '— CALI NIA NATIONAL CITY INCORPORAMILD PROJECTS UNDER REVIEW PrAiPri NAmA Address Cnmments 1 Gateway (Sudberry/Lowe's) Drive -In Site Scheduled for Planning Commission hearing 11/22, to City Council 12/7 2 Blendstar Ethanol/Fuel Terminal 19th & Haffley On Hold by Applicant 3 Riverview 1502-1920 Sweetwater Road On Hold by Applicant 4 AutoZone 2100 Highland Avenue Permit Issued 5 Aquatic Center Goesno Place Under Plan Check review PROJECTS IN CONSTRUCTION: Project Name Address Comments 6 Canyon Ridge Homes Street l Avenue & Blueridge Street 9 homes remain to be constructed 7 Centro 12th Street & A Avenue City Council public hearing 11/23 8 Frasier -Boiler 3101 Hoover Avenue Construction underway 9 Harborview 8th Street & D Avenue 16 residential units rented and occupied. Finalizing commercial portion 10 Hilltop View Homes 8th Street & Harbison Avenue Building Permit issued 2/18/2010. First footing inspection occurred 11 Pacific View Estates Fig. Court & Division Street 20 homes pending construction PROJECTS APPROVED, NOT YET IN CONSTRUCTION: Project Name Address Comments 12 Grove Street, 8 Homes 2121 Grove Street No activity by applicant 13 Highland Heights, 10 unit condominiums 2504 Highland Avenue No activity by applicant 14 Palm Plaza Plaza Blvd. & Palm Avenue Working with Engineering on Final Map approval 15 Paradise Village (Generations), Final Phase, 8th Street & Arcadia Avenue Pending submittal of Building Permit for final phase 16 Paradise Medical Center 8th Street and "V' Avenue Pending approval of SUSMP document 17 Park Lofts Blvd Street & National City Blvd. Pending revision to Downtown Specific Plan 18 Expansion of Vallarta Shopping Center 901 Euclid Avenue Pending building permit submittal • � ., ,.5/2010 • • i OALIFORNIA NATIONAL CITp naO t�CO$>rgtMliD PRE -DESIGN or PRE -FUNDED PROJECTS: Funding Project Spec. Scope RFQ RFQ RFP Design Grant NOE Weekly Project Name PM Source Budget Number Number Determined Issue Due Issued Award Deadline EIR Meeting Action Items 1 Traffic Signal Upgrade Steve 307 Prop A $400,000 6558 TBD TBD Y Issue RFP by Nov. 15th for design and Inspection services 2 Safe Routes to Schoo112th & D Roundabout Steve 323SRTS $500,000 TBD TBD 100 TBD TBD TBD TBD f Y Issue RFP by Nov. 15th for design 001 General $125,000 3 Port Projects:Traf c/Parking Stud es, Aquatic Center, B-1 Parcel Park Maryam Steve 511 $3,900,000 TBD TBD TBD r f,, CDP recently approved bythe Port P TOTAL BUDGET FOR PRE -DESIGN PROJECTS $4,925,000 PROJECTS IN DESIGN: Funding Project Spec. % Advert Project Name PM Source Budget Number Number Plans Date Pre -Bid Bid A200 Council NTP Begin Cons'. Completion NOE Weekly Meeting Opening_ Due Award Issue Precon Constr. Days Date EIR Meeting Action Items 4 8th Street, K To Palm Steve 001 General $130,000 6165 09.11 0 5/18 6/1 6/20 7/5 7/19 8l1 8/4 8/8 120 12/15/11 Y Processing NEPA through Cattrans: 30% plans due Nov. 30th 296 Eng. Grants $900,000 307 Prop A $200,000 6558 5 Coolidge Fed. Safe Routes to School Steve 001 General 200000 30,,000 6173 09-12 0 5/18 6/1 6/20 7/5 7/19 8/1 8/4 8/8 120 12/15/11 Y Award design contract to Kimley Hom at 11/23 Council meeting. 323 SRTS 6 City Wide Safe Routes to School Ill (14 Schools -Safety and Accessabiiity Enhancements at Ped Crossings) Steve 301 CDBG-R $95,000 6575 09-16 0 2/16 2/23 3/16 3/28 4/19 5/5 5/5 5/9 80 8/15/11 Y Final design due 2/1 (expanded scope) 001 General $100,000 6168 323 $300,000 6168 7' T Avenue Din 307Prop A $29.134 TBD TBD 100 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Y nDesicomplete. gResearchin g grant opportunities for consWciton funding. 001 General $12,851 8 Civic Center Data Center/AC Ron 629 Info Syst. Maint. $130,000 8037 TBD 0 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Ron to coordinate with Public Works 9 81h Streetscape Streetspe Smart Growth National City Boulevard to Highland Avenue Steve 321 Smart Growth $2,000,000 3918 09-13 0 5/18 6/1 6/20 7/5 7/19 811 8/4 8/8 180 4/2/2011 Y Coordinatingutility under roundin . g g 307A $100,000 20A Util Underground $1,000,000 511 TIF $500,000 10 Plaza Blvd Widening Din 103 $1,009,945 6569 99-9 85 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Right-of-way acquisitions in progress. Reviewing plans. 307 $882,372 312 $599,612 326 $378,300 11 ADA Park Improvements Byron M&O 213 $11,000Barby 6174 10-05 100 10/29 1t/4 11/9 11/10 11/23 12/5 12/6 12/15 25 1/30 Exempt Out to bid. 301 CDBG $213,878 12 Plaza Bonita Bike Path Steve 296TDA $130,000 1013 TBD 90 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Desgin complete by end of year. Researching grant opportunities for construction funding. 13 Bridge Holiday Lighting Maryam TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Researching design and installation opportunities TOTAL BUDGET FOR PROJECTS IN DESIGN $9,652,092 GREEN -NORMAL TRACK CDBG FAST TRACK PROJECT/COMPLETE & PAID BY 4/30/11 CONSTRUCTION PROJECTS: Project Funding Budget Project Spec. % Begin W'kg Comp Invoice InvAccept Paym' NOC DIR NOE Weekly Project Name Manager Source Amount Number Number Comp Date Days Date Rec'd # Reject Due Date Reported EIR Meeting Comments 14 Marina Gateway Streetscape Byron Barby 511 TIF $1,878,000 3842 08-16 100 10/26 120 9/6/10 / y Yes Y Tuesl11:0 Turnover this week. 125 $608,787 15 Street Resurfacing FY 10-11 Din Byron 307 $1,760,034 6035/// 10-01 97 8/10 70 10/30 Exempt Tues/10:00 Begin Construction 345 TBD 6035 109 $635,000 6035 346$739,965 6035 511 $739,965 6035 16 9th & A Holiday Tree Replacement Byron PPC N/A 0 11/17 1 11/17/10 Exempt Tree selected. 17 Soccer Field Byroo 4076 07-01 0 11/1 90 3/15 Exempt Wed 10-11 Construction to begin on 11/1 1105 $550,209 18 Storm Drain Imps Din Ken 001 General $50,000 7049 10-03 0 11/11 45 2/11 Exempt Wed 8-9 Bids are in. Koch -Armstrong is the apparent haw bidder. 109 Gas Tax $259,763 7062 301 CDBG $124,494 7062 19 ete mprov Concr Iements FY 10 11 Din Charles 301 CDBG $286,419 6137 10 02 0 11/15 45 2/11 Exempt Wed 9-10 Bids are in. etc Rode Construction is the apparent low bidder. 109 Gas Tax 546,097 20 Art Center Phase 11, exterior Din James 511 TIF $51,000 3937 (3744) 09-17 25 10/4 48 12/8 Exempt Under Construction TOTAL BUDGET FOR CONSTRUCTION PROJECTS $8,254,822 YELLOW -IN CONSTRUCTION GREEN -CONSTRUCTION COMPLETE CDBGFASTTRACK PROJECT/COMPLETE&PAID BY4/30/11 11/10/10 CiALIFORNIA •e- • i NATIONAL CITY ltlTCbltJrpplT� ON -GOING PROJECTS/CONCEPT DEVELOPMENT: Funding Project i Project Name PM Source Budget Number Action Items Traffic Monitoming Steve M. 109 Gas Tax $137,487 6573 < Ongoing monitoring and site evaluations, Traffic Safety Committee items, data collection,21 conceptual a rhibits. 001 General $84,185 22 Traffic Signal Timing/InterconnectSteve B. 001 General $52,698< 6565 .� Citywide signal timing evaluations for 80 locations to be completed by May 31st (expanded scope). 109 $14,666 TOTAL BUDGET FOR ON -GOING PROJECTS TOTAL BUDGET FOR ALL PROJECTS $289. 036 $23,120,950 National City Blvd.Streetscape & Fountain Plaza Sewer Pump Stations Rehabilitation Park "Rehabilitation, Phase I Park Rehabilitation, Phase 8 6572 2014 4127 Park Rehabilitation, Phase 81 Parks Rehab PH IV Street Resurfacing, Slurry, FY 07-08 Street Resurfacing, FY 08-09 Highland Avenue Street Resurfacing Police Department Security Upgrades Police Department Waterproofing, Phase I Safe Routes to School, Phase 1 Marina Way Storm Drain Old Library Remodel Bay Marina Widening Skate Park Sweetwater Road Sidewalk Safe Routes to School, Phase 11 Misc. Concrete Improvements. FY 09-10 Pkg lot fix, er tanks, stairwell repairs • 4127 4127 6035 $3,086,705 $640,566 $109,800 $137,769 $67,818 6035 6157 1408 6166 3744 3842 6035 8035 6168 6574 6137 6090 I City Senior Nutrition Center PD Waterproofing, Phase II LEGEND: CDBG - Community Development Block Grant CDBG-R - Community Development Block Grant Stimulus CO - Carry Over Funds PS&E - Plans, Specifications, and Estimate RFQ - Request for Qualifications $315,365 $8,265.090 $1,455,175 $46,535 $123,925 $442.964 $104,630 $1,487.832 $11,782 $194,890 $337,211 $30,10 $62.664 $80,884 TIF Smart Growth Sewer Funds General Fund General Fund General Fund General Fund Gas T TC Funds Gas T, TR, Prop A/1B TIF SLES Fund General Fund SRS Grant OTS Grant TIF TIF TIF P&R Cap Fund County Grant SRS Grant OTS Grant CDBG CDBG-R Funds CDCM Fac. Maint Gen Fund CDCM General Fund 10/7/08 10/7//08 2/17/09 10/20/09 6/16/09 8/3/10 7/7/09 9/15/09 6/16/09 8/18/09 9/1/09 10/6/09 5/17/09 5/19/09 11/17/09 9/15/09 10/18/05 1/8/10 12/23/09 8/19/10 8/18/10 6/23110 9/13/10 $16,970,724 COMPLETED PROJECTS TOTAL 06-01 04-08 07-06-A 07-06-B, 07-06C 09-07 07-03 08-08 08-06 08-14 06-05 08-12 08-01 08-13 08-04 03-10 09-14 09-05 - TDA/TransNet Bicycle and Pedestrian Grant 001 - General Fund 103 - General Capital Outlay Fund 109 - State Gas Tax 115 - Park & Rec Capital Outlay Fund 125 - Sewer Service Funds 189 - Civic Center Refurbhishing Fund 196 - Capital Project Reserve 301 - CDBG 304 - Park Development Fund 307-Prop A 312 - STP Local/Transnet Highway 323 - Safe Routes to Schools Grant 346 - Proposition 1B Does not apply 360 - Capital Project Redevelopment CDCM- Community Devolopment Miscellaneous Funds 11/10/10 ITEM #54 11/23/10 CHRISTMAS TREE RECYCLING RELOCATION FROM EL TOYON PARK TO LAS PALMAS PARK (PUBLIC WORKS) ITEM #55 11 /23/10 CLOSED SESSION REPORT (CITY ATTORNEY)