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Home My WebLink About2012 12-04 CC HA AGENDA PKTAgenda of A Regular Meeting - National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Regular Meeting — Tuesday — December 4, 2012 — 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 of the City of National City 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 of the City of National City 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 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. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority Page 2 CONSENT CALENDAR (Cont.) 1. Approval of the Minutes of the Adjourned Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of May 22, 2012, July 24, 2012, October 30, 2012, and the Minutes of the Regular Meetings of September 4, 2012 and September 18, 2012, and a Special City Council Meeting of September 25, 2012. (City Clerk) 2. WARRANT REGISTER #19 Warrant Register #19 for the period of 10/31/12 through 11/06/12 in the amount of $956,990.81. (Finance) 3. WARRANT REGISTER #20 Warrant Register #20 for the period of 11/07/12 through 11/13/12 in the amount of $1,841,624.95. (Finance) BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 6, 2012 4. Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 6, 2012, declaring the result and such other matters as provided by law. (City Clerk) 5. RECOGNITION OF OUTGOING ELECTED OFFICIAL • Rosalie Zarate — City Council 6. SWEARING IN OF NEWLY ELECTED OFFICIALS • Alejandra Sotelo-Solis — City Council • Jerry Cano — City Council • Mitch Beauchamp - City Treasurer • Mike Dalla - City Clerk RECESS (15 Min.) ROLL CALL 7. INCOMING ELECTED OFFICIALS' COMMENTS National City City Council /Community Development Commission/Housing Authority Public Oral Communications (Three -Minute Time Limit) Page 3 NOTE: Pursuant to state law, items requiring Council of the City of National City action must be brought back on a subsequent Council of the City of National City 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 Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espaffo/ se proporciona durante sesiones del Consejo Municipal. Los audibfonos esttn disponibles en el pasillo al principio de la junta. 8. Selection of the Vice Mayor. (City Attorney) PROCLAMATION 9. Proclaiming Tuesday, December 4, 2012 as: "NATIONAL CITY BEARS DAY - 2012 CFA CHAMPIONS" 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. 10. 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) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with KTU+A for a not -to -exceed amount of $270,000 to provide transportation planning and public outreach services for implementation of National City's SMART... Foundation (Safe, Multi -modal, Accessible Routes To...transit, work, school, services and recreation) Plan (funded by Caltrans Community -Based Transportation Planning Grant). (Development Services/Engineering) National City City Council /Community Development Commission/Housing Authority Page 4 CONSENT CALENDAR Cont.) 12. Resolution of the City Council of the City of National City approving Amendment No. 3 which provides for an additional (4) four month extension to the current Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services. (City Manager) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for Amendment No. 1 to the Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center to revise the construction commencement deadline from December 31, 2012 to December 31, 2013. (Development Services/Engineering) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for Amendment No. 1 to the Lease between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center to revise the construction commencement deadline from December 31, 2012 to December 31, 2013. (Development Services/ Engineering) PUBLIC HEARING 15. Public Hearing — Proposed Street Vacation of the easterly (15) fifteen feet of G Avenue adjacent to 700 East 24th Street for a potential site of a new Social Security Office. (Applicant: Imperial Group) (Case File No. 2012-07 SC) (Planning) **Companion Item #19** ORDINANCES FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City establishing the compensation of the Mayor and the City Council. (City Attorney) 17. Ordinance of the City Council of the City of National City rescinding the moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City, to wit: Ordinance No. 2012-2374. (City Attorney) National City City Council /Community Development Commission/Housing Authority ORDINANCE FOR ADOPTION Page 5 18. Ordinance of the City Council of the City of National City amending Title 11, Chapter 11.16, Section 11.16.010 — Speed Zones Designated of the National City Municipal Code establishing speed limits on various streets based on certified Engineering and Traffic Surveys. (Development Services/Engineering) NON CONSENT RESOLUTION 19. Resolution of the City Council of the City of National City authorizing execution of an Order of Vacation of the easterly (15) fifteen feet of G Avenue adjacent to 700 East 24th Street. (Applicant: Imperial Group) (Case File No. 2012-07 SC) (Planning) **Companion Item #15** NEW BUSINESS 20. Notice of Decision — Planning Commission approval of a Conditional Use Permit for an auto detailing business in the Westfield Plaza Bonita parking structure located at 3030 Plaza Bonita Road. (Applicant: Nahum Peralta) (Case File 2012-17 CUP) (Planning) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO ITEMS STAFF REPORTS 21. Update on furlough closure (Human Resources) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council/Community Development Commission/Housing Authority of the City of National City Meeting — Tuesday — December 18, 2012 — 6:00 p.m. - Council Chambers — National City, California. (PLEASE SEE ATTACHED MODIFIED CITY COUNCIL MEETING SCHEDULE) COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.aov OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax September 24, 2012 TO: The Mayor and Members of the City Council FROM: Michael Dalla, City Clerk 4' SUBJECT: City Council Meeting Schedule — October 2012 through January 2013 The upcoming November Municipal Election and the City Council approved work furlough and holidays will result in a modified meeting schedule for the period of October 2012 through January 2013. It is recommended that the City Council approve the following meeting schedule in order to permit proper planning and advance notice to the public. • October 16 Regular Meeting • October 30 Adjourned Regular Meeting • November 06 Election Day (no meeting) • November 20 Regular Meeting • December 04 Regular Meeting • December 18 Regular Meeting • January 01 Holiday (no meeting) • January 15 Regular Meeting ITEM #1 12/4/12 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 22, 2012, JULY 24, 2012, OCTOBER 30, 2012, AND THE MINUTES OF THE REGULAR MEETINGS OF SEPTEMBER 4, 2012 AND SEPTEMBER 18, 2012, AND A SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 25, 2012 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 49', 2012 AGENDA ITEM NO. ITEM TITLE: Warrant Register #19 for the period of 10/31/12 through 11/06/12 in the amount of $956,990.81. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fin PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/03/12 through 10/09/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $956,990.81 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: /arrant Register #19 PAYEE CPRS MAXILOM ABNEY ALL FRESH PRODUCTS ASSI SECURITY INC AT&T/MCI BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BROADWAY AUTO ELECTRIC CAPF CALIFORNIA COMMERCIAL SECURITY CEB DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS (20) DE LUX ROOFING CO INC DELTA DENTAL DREW FORD FcPIRITU T SIGNS _JODYEAR TIRE & RUBBER COMP GORMSEN APPLIANCE CO GRANICUS INC HOMESAFE ENVIRONMENTAL, INC ICMA MEMBERSHIP RENEWALS JERAULDS CAR CARE CENTER JJJ ENTERPRISES JOSSE KANE BALLMER & BERKMAN KASEYA NORTH AMERICA LASER SAVER INC LOPEZ MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY NAPA AUTO PARTS NINYO & MOORE NOWDOCS INTERNATIONAL INC O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PASTRANA PERRY FORD \LAC BUILD PRUDENTIAL OVERALL SUPPLY QUALITY MECHANICAL PROFESIONAL RADIATION DETECTION COMPANY RBF CONSULTING RECEIVABLES CONTROL CORP WARRANT REGISTER # 19 11/6/2012 DESCRIPTION CA PARKS & RECS TRAINING / CISSEL REIMBURSEMENT / NACOLE TRAINING REIMB - ANIMAL CRUELTY INV COURSE FOOD FOR NUTRITION CENTER SECURITY REPAIRS SBC AT&T PHONE SERVICE FOR FY13 MOP 67727 8 METAL NAME TAGS MILK, DAIRY FOR NUTRITION CENTER ELECTRICAL PARTS FIRE/LTD NOV 2012 MOP 45754 BUILDING MATERIAL CONDEMNATION PRACTICE 2012 UPDATE P225/50R17 94V ASSURANCE F/M VSB RADIO MAINTENANCE SERVICE INSTALL TARP TO COVER GRANGER INS - NOV 2012 ACCT #05-0908600002 MOP 49078 AUTO PARTS REIMB - COPSWEST CONFERENCE INSTALL VEHICLE GRAPHICS/DEPOSIT TIRES APPLIANCE REPAIR GRANICUS WEBCAST SERVICE 2012 EDITION HUD GUIDELINES MEMBERSHIP DUES FOR 01/01/13-12/30/13 MOP 72449 R&M AUTO EQUIPMENT UNFORESEEN ALARM MONITORING 125 PLAN REIMBURSEMENT SVCS THROUGH SEPT 30, 2012 ANNUAL MAINTENANCE RENEWAL MOP 45725. INK CARTRIDGES / ENG TRANSLATION SERVICES FOR FY13 SVCS RENDERED: AB1234 ETHICS TRAINING MOP 75943 AUTO PARTS FIRE EXTINGUISHER SERVICE MOP 45735 AUTO PARTS SAFE ROUTES TO SCHOOL, SOIL TESTING GREEN VOID BOTTOM CHECKS MOP 75877 AUTO PARTS SMOG CERTIFICATION & REPAIRS JANITORIAL, HDM SUPPLIES FOR NUTRITION REIMB - CLETS TRAIN THE TRAINER COURSE R&M CITY VEHICLES REGISTRATION FEE- ANIMAL CRUELTY MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE RETENTION PAYMENT TLD XBGN BADGE 8TH ST. SAFETY ENHANCEMENTS, SEPT. PAYABLE FEES / NUTRITION 1/2 CHK NO DATE AMOUNT 304654 11/6/12 60.00 304655 11/6/12 57.00 304656 11/6/12 137.09 304657 11/6/12 961.33 304658 11/6/12 985.00 304659 11/6/12 6,514.54 304660 11/6/12 43.50 304661 11/6/12 322.52 304662 11/6/12 120.00 304663 11/6/12 592.00 304664 11/6/12 61.99 304665 11/6/12 172.72 304666 11/6/12 278.67 304667 11/6/12 5,695.75 304668 11/6/12 4,000.00 304669 11/6/12 12,819.49 304670 11/6/12 329.20 304671 11/6/12 98.48 304672 11/6/12 294.25 304673 11/6/12 425.08 304674 11/6/12 90.00 304675 11/6/12 1,477.35 304676 11/6/12 59.00 304677 11/6/12 1,380.00 304678 11/6/12 255.73 304679 11/6/12 719.41 304680 11/6/12 1,345.11 304681 11/6/12 310.01 304682 11/6/12 3,700.00 304683 11/6/12 125.01 304684 11/6/12 210.00 304685 11/6/12 800.00 304686 11/6/12 154.34 304687 11/6/12 161.38 304688 11/6/12 288.22 304689 11/6/12 5,585.75 304690 11/6/12 167.38 304691 11/6/12 405.22 304692 11/6/12 809.01 304693 11/6/12 319.53 304694 11/6/12 85.41 304695 11/6/12 3,602.02 304696 11/6/12 75.00 304697 11/6/12 439.28 304698 11/6/12 197.11 304699 11/6/12 3,659.26 304700 11/6/12 113.60 304701 11/6/12 1,810.46 304702 11/6/12 51.42 2/2 PAYEE REGISTRAR OF VOTERS SAFETY KLEEN SYSTEMS INC SAN DIEGO GAS & ELECTRIC SDG&E SEAPORT MEAT COMPANY SKS INC. SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIFORNIA SOIL & STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SWRCB SYSCO SAN DIEGO THE LIGHTHOUSE INC THE SOCO GROUP, INC. TURNER'S PORTABLE WELDING U S BANK U S BANK UNITED ROTARY BRUSH VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VERIZON WIRELESS W W GRAINGER WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS NAT' : 4r WARRANT REGISTER # 19 11/6/2012 DESCRIPTION 2012 ELECTION-ADV DEPOSIT HAZARDOUS MATERIAL REMOVAL GAS & ELECTRIC SERVICE/USAGE STREET GAS & ELECTRIC FOOD FOR NUTRITION CENTER BLUE DEF 2.5 GAL BOTTLE WINDOW/DOOR REPLACEMENT 8TH ST. UNDERGROUNDING, SEWER, SERVICES MOP 45704 OFFICE SUPPLIES-PD MOP 61744 / SUPPLIES FOR FIRE DEPT WASTEWATER WATER BILL ANNUAL PERMIT FEE-CWC SUPPLIES FOR NUTRITION CENTER MOP 45726 AUTO PARTS HYDROCARBONS, LIQUID, UN3295 HY LIQ LABOR, 3 HRS @ 60/HR CREDIT CARD EXP - PD CREDIT CARD EXP - PD SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE VERIZON WIRELESS PHONE SERVICE CELL PHONE CHGS - PD 09/22-10/21/12 MOP 65179 PLUMBING MATERIAL MOP45763. ELECTRICAL SUPPLIES/MIS OCT 2012 WC REPLENISHMENT Start Date 10/31/2012 End Date 11/6/2012 GRAND TOTAL CHK NO DATE AMOUNT 304703 11/6/12 19,456.00 304704 11/6/12 4,149.20 304705 11/6/12 1,600.50 304706 11/6/12 1,376.22 304707 11/6/12 885.39 304708 11/6/12 101.54 304709 11/6/12 222.46 304710 11/6/12 1,655.50 304711 11/6/12 470.67 304712 11/6/12 601.34 304713 11/6/12 329.46 304714 11/6/12 8,154.00 304715 11/6/12 1,547.11 304716 11/6/12 59.25 304717 11/6/12 315.95 304718 11/6/12 180.00 304719 11/6/12 2,867.12 304720 11/6/12 307.0n 304721 11/6/12 35 304722 11/6/12 800 304723 11/6/12 267.00 304724 11/6/12 4,721.40 304725 11/6/12 61.00 304726 11/6/12 320.45 304727 11/6/12 143.43 A/P Total 113,314.99 392747 11/6/12 80,431.15 763, 244.67 $ 956,990.81 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS A DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA N JRRDIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF DECEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4th, 2012 AGENDA ITEM NO. ITEM TITLE: Warrant Register #20 for the period of 11/07/12 through 11/13/12 in the amount of $1,841,624.95. (Finance) PREPARED BY: K. Apalategu� DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: J L— EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/07/12 through 11/13/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Palm Engineering Public Emp Ret System SDG&E FINANCIAL STATEMENT: ACCOUNT NO. NIPS ENVIRONMENTAL REVIEW: N/A Check 304796 304802 304810 ORDINANCE: INTRODUCTION: Amount 168,194.03 269, 326.11 60,547.79 FINAL ADOPTION: APPROVED: APPROVED: Explanation Citywide Safe Routes To School Project Retirement Insurance Period 10/16/12 —10/19/12 Facilities Gas & Electric Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,841,624.95 BOARD / COMMISSION RECOMMENDATION: N/P� ATTACHMENTS: IIPWarrant Register #20 PAYEE CULLIGAN THE NATIONAL CITY DTSC 3M COMPANY ABCANA INDUSTRIES AETNA RESOURCES FOR LIVING AFLAC AGUIRRE ALDEMCO ALIGNMENT EXPRESS ALL FRESH PRODUCTS ARCO GASPRO PLUS BANKS BROTHERS BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC BRIAN COX MECHANICAL INC RROADWAY AUTO GLASS LEXPRESS .;ALIFORNIA ELECTRIC SUPPLY CALIFORNIA TRAINING INSTITUTE CEPA OPERATIONS INC. CITY NATIONAL BANK CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COPWARE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DANIELS TIRE SERVICE DELL MARKETING CORP DELTA CARE USA DEPARTMENT OF TRANSPORTATION DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING D-MAX ENGINEERING DREW FORD EDCO DISPOSAL 'IPLOYMENT DEVELOP DEPT .GIL CORPORATION . EVIDENT CRIME SCENE PRODUCTS EXPERIAN FAST SIGNS FERGUSON ENTERPRISES INC HAMILTON MEATS & PROVISIONS WARRANT REGISTER #20 11/13/2012 DESCRIPTION WATER / NUTRITION CENTER NC HISTORICAL ANNUAL CEREMONY/MYR NC PUBLIC WORKS YARD/PROJ 401294 SAFETY LENS / PW HYDROCHLORIC ACID, DRY CHLORINE EMP ASST PROGRAM - NOV 2012 ACCT BDM36 - NOV 2012 LABOR/CHECK OUT SIGTRONICS SYSTEM CONSUMABLES / NUTRITION CENTER LABOR, ALIGNMENT / PW FOOD / NUTRITION CENTER FUEL REFUND OF C&D FEES MILK & DAIRY / NUTRITION CENTER MOP 64096 WEARING APPAREL BULK CHLORINE LABOR, 1 HR @ $150/HR DD08637GTN DOOR GREEN TINT ATTORNEY SVCS FOR OCT 2012 MOP 45698 ELECTRICAL MATERIAL REGISTRATION: HUMAN FACTORS-TELLEZ FUME HOOD CERTIFICATION / PD LEASE #10-005/ENERGY RETROFIT PROJ PETTY CASH REPLENISHMENT- SEPT 2012 LIABILITY CLAIMS SVCS / NOV 2012 HAZARDOUS WASTE PICKUP SUBSCRIPTION/SITE LICENSE AIR POLLUTION RENEWAL FEE AIR POLLUTION RENEWAL FEE SHARE OF PARKING CITATION-SEPT 2012 RCS MAINTENANCE / OCT 2012 MEMBERSHIP 7/01/2012 - 06/30/2013 COX COMMUNICATIONS DATA & VIDEO 265/75R225 G G661 HSA TIRES 85 WHR 9-CELL LITHIUM -ION BATTERY PMI DENTAL INS - NOV 2012 HIGHWAY LIGHTING KLEEN OUT II DRAIN OPENER DEPOSIT #1724 BAYSHORE BIKEWAY DEPOSIT #1588 FRESH & EASY MOP 49078 AUTO PARTS WASTE DISPOSAL SERVICES UNEMPLOYMENT INS CHGS 7/1/12 - 9/30/12 PLAN CHECKING SERVICES / BUILDING LAB SUPPLIES / POLICE DEPARTMENT CREDIT CHECKS/POLICE DEPARTMENT PVC 3MM 12X12 WITH PRINTED VINYL MOP 45723 PLUMBING MATERIAL FOOD / NUTRITION CENTER 1/3 CHK NO DATE AMOUNT 304728 11/12/12 622.70 304729 11/12/12 50.00 304730 11/13/12 3,401.57 304731 11/13/12 63.63 304732 11/13/12 296.39 304733 11/13/12 730.32 304734 11/13/12 990.38 304735 11/13/12 500.00 304736 11/13/12 6,348.01 304737 11/13/12 250.00 304738 11/13/12 139.88 304739 11/13/12 43,758.99 304740 11/13/12 1,055.25 304741 11/13/12 1,159.69 304742 11/13/12 106.65 304743 11/13/12 425.06 304744 11/13/12 300.00 304745 11/13/12 581.68 304746 11/13/12 224.60 304747 11/13/12 119.86 304748 11/13/12 209.00 304749 11/13/12 155.00 304750 11/13/12 43,101.10 304751 11/13/12 835.07 304752 11/13/12 4,965.00 304753 11/13/12 644.00 304754 11/13/12 2,220.00 304755 11/13/12 356.00 304756 11/13/12 309.00 304757 11/13/12 10,900.13 304758 11/13/12 9,407.50 304759 11/13/12 34,143.00 304760 11/13/12 108.80 304761 11/13/12 911.21 304762 11/13/12 110.93 304763 11/13/12 2,983.99 304764 11/13/12 6,024.60 304765 11/13/12 221.86 304766 11/13/12 740.00 304767 11/13/12 480.00 304768 11/13/12 272.80 304769 11/13/12 104.75 304770 11/13/12 12,528.00 304771 11/13/12 27,529.17 304772 11/13/12 272.00 304773 11/13/12 27.72 304774 11/13/12 87.49 304775 11/13/12 420.04 304776 11/13/12 515.46 PAYEE HANSON AGGREGATES PACIFIC HARRIS & ASSOCIATES INC HINDERLITER DE LLAMAS & ASSOC HINDERLITER DE LLAMAS & ASSOC HOME DEPOT CREDIT SVCS IRON MOUNTAIN J & M KEYSTONE INC JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KETCHUM MFG. CO. INC. KIMBALL MIDWEST KONICA MINOLTA LOPEZ MINUTEMAN PRESS N C CHAMBER OF COMMERCE NATIONAL CITY AUTO TRIM NBS PACIFIC AUTO REPAIR PALM ENGINEERING PEREZ PERRY FORD PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM LAW OFFICE OF DON DETISCH RIGEL PRODUCTS AND SERVICE ROAD ONE TOWING S & S WORLDWIDE INC SAN DIEGO PET SUPPLY SAN DIEGO POLICE EQUIPMENT SASI SDG&E SEAPORT MEAT COMPANY SIRCHIE FINGERPRINT LAB INC SMART SOURCE OF CA LLC SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SWRCB SYMPRO INC SYSCO SAN DIEGO TOM MOYNAHAN T'S & SIGNS U S HEALTHWORKS WARRANT REGISTER #20 11/13/2012 DESCRIPTION 3/8" MINUS DG DEPOSIT #1685 PALM 3 CONTRACT SVCS - SALES TAX 4TH QTR AUDIT SVCS TRANSACTIONS TAX-2ND QTR 200L M5 LED WHITE LIGHTS RECORDS MANAGEMENT & STORAGE UPHOLSTERY CLEAN 7 CHAIRS MOP 72449 R&M AUTO EQUIPMENT RETIREES INS-NOV 2012 GRP #104220-01,10 INS-NOV 2012 GRP #104220-03 DOG LICENSE TAGS / FINANCE TORQCBIII /PW COPIER LEASE / 9/01/12 - 9/30/12 TRANSLATION SERVICES FOR FY13 MOP 74691 CLAIMS FOR TREATMENT NC TOURISM MARKETING FEE-SEPT 2012 MOP 72441 R&M AUTO EQUIPMENT COST ALLOCATION PLAN SMOG CERTIFICATION/REPAIRS CITYWIDE SAFE ROUTES TO SCHOOL PHASE III VIDEO TAPING/EDITING 2012 STATE OF THE C MOP 45703 R&M AUTO EQUIPMENT MOP 45707 MISC SUPPLIES - NSD 8TH STREET UTILITIES CONSTRUCTION MOP 45742 LAUNDRY SERVICE SVC PERIOD 10/16/12 - 10/29/12 16249/16248/16247/16245/16246 - OCT 2012 SIDE HANDLE - PIONJAR #9232-2005-32 MOP 75948 R&M AUTO EQUIPMENT BACKBOARD EDGE PADDING BLACK MOP 45753. DOG FOOD / POLICE POLICE EQUIPMENT / PD PROCESSING CHGS - 11/1/12-01/31/13 FACILITIES GAS & ELECTRIC FOOD / NUTRITION CENTER LAB SUPPLIES / POLICE DEPARTMENT MOP 63845 BUSINESS CARD -LIBRARY TRAFFIC SIGNAL/STREET LIGHTING DRINKING WATER MOP 45704 OFFICE SUPPLIES - PD MOP 61744 PCI-EXPRESS - MIS TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS PARKS WATER BILL ANNUAL PERMIT FEE 07/01/12-06/30/13 ANNUAL RENEWAL 11/01/12-10/31/13 SUPPLIES / NUTRITION CENTER MOP 45734 TOWING BLACK POLO SHIRTS WITH EMBROIDERY PRE-EMP MED SVCS 2/3 CHK NO DATE AMOUNT 304777 11/13/12 216.53 304778 11/13/12 820.00 304779 11/13/12 2,253.66 304780 11/13/12 402.03 304781 11/13/12 379.75 304782 11/13/12 142.00 304783 11/13/12 133.00 304784 11/13/12 1,205.84 304785 11/13/12 22,836.65 304786 11/13/12 11,633.43 304787 11/13/12 352.00 304788 11/13/12 149.81 304789 11/13/12 15,763.65 304790 11/13/12 210.00 304791 11/13/12 294.54 304792 11/13/12 19,333.35 304793 11/13/12 201.19 304794 11/13/12 3,000.00 304795 11/13/12 573. 304796 11/13/12 168,194.1 304797 11/13/12 490.00 304798 11/13/12 462.00 304799 11/13/12 990.25 304800 11/13/12 43,751.70 304801 11/13/12 301.27 304802 11/13/12 269,326.11 304803 11/13/12 3,700.35 304804 11/13/12 452.98 304805 11/13/12 40.00 304806 11/13/12 315.54 304807 11/13/12 219.00 304808 11/13/12 1,286.65 304809 11/13/12 192.00 304810 11/13/12 60,547.79 304811 11/13/12 1,337.73 304812 11/13/12 1,272.44 304813 11/13/12 31.54 304814 11/13/12 16, 688.49 304815 11/13/12 29.90 304816 11/13/12 1,381.02 304817 11/13/12 1,386.55 304818 11/13/12 2,376.86 304819 11/13/12 50.51 304820 11/13/12 18,196.( 304821 11/13/12 4,913.( 304822 11/13/12 5,014.64 304823 11/13/12 160.00 304824 11/13/12 503.52 304825 11/13/12 205.00 PAYEE UNDERGROUND SERVICE ALERT UNION TRIBUNE UNION TRIBUNE PUB CO V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS WAXIE SANITARY SUPPLY WELLS FARGO TRUST OPERATIONS WESTFIELD SHOPPING TOWN WESTFLEX INDUSTRIAL PAYROLL Pay period Start Date 33 10/16/2012 WARRANT REGISTER #20 11/13/2012 DESCRIPTION UNDERGROUND SRVC ALERT CHRGS ADVERTISING/PUBLIC HEARING NOTICES LEGAL NOTICES ADVERTISING BADGES / POLICE MOP 46453 PLUMBING MATERIAL K9 VET CARE / POLICE VERIZON WIRELESS PHONE SERVICE JANITORIAL SUPPLIES QTRLY ADM FEES-JUL, AUG & SEPT 2012 GIFT CARDS -2013 STORM WATER CALENDAR MOP 63850 AUTO PARTS End Date Check Date 10/29/2012 11/7/2012 3/3 CHK NO DATE AMOUNT 304826 11/13/12 159.00 304827 11/13/12 298.00 304828 11/13/12 624.40 304829 11/13/12 136.92 304830 11/13/12 331.58 304831 11/13/12 735.59 304832 11/13/12 181.11 304833 11/13/12 245.29 304834 11/13/12 48.75 304835 11/13/12 500.00 304836 11/13/12 306.61 A/P Total 908,993.00 932,631.95 GRAND TOTAL $ 1,841,624.95 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City reciting the fact of the General Municipal Election held on November 6, 2012, declaring the result and such other matters as provided by law. PREPARED BY: Michael R. Della DEPARTMENT: City Cler PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Once the Registrar of Voters has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the Council must meet and adopt a Resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the Resolution as "Exhibit A." Note: Official Certification by the Registrar of Voters will not occur until after preparation of the Agenda. The Official Canvass will be distributed under separate cover as soon as it is available. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. Certified "Official Canvass" from the Registrar of Voters follows: RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of National City, California, on Tuesday, November 6, 2012, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2012-119 adopted on June 19, 2012, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City, except absent voter ballots, was That the whole number of absent voter ballots cast in the City was making a total of ballots cast in the City. SECTION 2. That the names of persons voted for at the election for City Council are as JERRY CANO ALEJANDRA SOTELO-SOLIS ROSALIE ZARATE That the names of persons voted for at the election for City Clerk are as follows: MICHAEL R. DALLA That the names of persons voted for at the election for City Treasurer are as follows: R. MITCHEL BEAUCHAMP SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were listed in Exhibit "A", attached. SECTION 4. The City Council does declare and determine that: JERRY CANO was elected as a Member of the City Council for the full term of four years; and Resolution No. 2012 — Page Two ALEJANDRA SOTELO-SOLIS was elected as a Member of the City Council for the full term of four years. years. of four years. MICHAEL R. DALLA was elected as a the City Clerk for the full term of four R. MITCHEL BEAUCHAMP was elected as a the City Treasurer for the full term SECTION 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of result of the election showing: (a) The whole number of votes cast in the City; (b) The names of the persons voted for; (c) For what office each person was voted for; (d) The number of votes given at each precinct to each person; and (e) The total number of votes given in the city to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California, and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 4th day of December, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney ITEM #5 12/4/12 RECOGNITION OF OUTGOING ELECTED OFFICIAL ROSALIE ZARATE - CITY COUNCIL ITEM #6 12/4/12 SWEARING IN OF NEWLY ELECTED OFFICIALS • ALEJANDRA SOTELO-SOLIS - CITY COUNCIL • JERRY CANO - CITY COUNCIL • MITCH BEAUCHAMP - CITY TREASURER • MIKE DALLA - CITY CLERK ITEM #7 12/4/12 INCOMING ELECTED OFFICIALS' COMMENTS CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO.8 ITEM TITLE: Selection of Vice -Mayor PREPARED BY: Claudia Gacitua Silva DEPARTMENT: • �.rney PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Appearing on the City Council agenda for the meeting of December 4, 2012, i - re solution declaring the results of the General Municipal Election held on November 6, 2012. In a general law city such as National City, the California Government Code, at Section 36801, provides that at the meeting at which the declaration of results for a general municipal election is made, the city council shall, following the declaration of the election results and installation of elected officials, choose one of its members as mayor pro tempore (referred to in National City as the vice - mayor). Government Code Section 36802 provides that the mayor shall preside at the meetings of the council; that if the Mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act; and that the mayor pro tempore has all of the powers and duties of the mayor. In addition to these Government Code sections, Policy No. 602 of the City Council Policy Manual sets forth certain duties of the vice -mayor pertaining to the City Council clerical staff. A copy of Policy No. 602 is attached. The selection of the vice -mayor may be accomplished by approval of a motion. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Select Vice -Mayor BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: City Council Policy No. 602 CITY COUNCIL POLICY TITLE: CITY COUNCIL CLERICAL STAFF AND EXECUTIVE ASSISTANT TO THE MAYOR POLICY NUMBER: 602 ADOPTED: August 20, 1985 AMENDED OR REVISED: January 21, 1986 December 16, 2008 Purpose To establish guidelines for the evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. Policy It shall be the responsibility of the Vice Mayor to confer with the Mayor to coordinate the joint performance evaluations or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. The Vice Mayor shall confer with the Mayor to jointly make recommendations on performance, pay increases, and the need for temporary assistance in case of absences. The Vice Mayor will also be responsible to confer with the Mayor for the joint annual review and evaluation of the performance of the City Council Clerical Staff and Executive Assistant to the Mayor. Related Policy Procedures None. ITEM kg 2/4/12 ITEM #1C City of National. City 12/4/12 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalia, CMC - City Clerk (619). 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, 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." Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with KTU+A for a not -to -exceed amount of $270,000 to provide transportation planning and public outreach services for implementation of National City's SMART...Foundation (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan (funded by Caltrans Community -Based Transportation Planning Grant) PREPARED BY: Stephen Manganiello, City Engineerr PHONE: 4382 EXPLANATION: See attached. DEPARTMENT: Development Services/Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 296-409-500-598-6184 (CBTP Grant — SMART Plan): $270,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: etr„..1 Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation On March 15, 2011 City Council adopted Resolution No. 2011-65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning (CBTP) Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance access and safety to encourage multi -modal transportation such as walking, bicycling, and transit, through a comprehensive Citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, recently adopted Bicycle Master Plan, and existing Specific Area Plans. On July 25, 2011, staff was notified by Caltrans that National City's grant application had been selected for funding. On September 6, 2011 City Council adopted Resolution No. 2011-192 accepting the grant, authorizing the City Manager to execute all grant documents, and authorizing $75,000 in local matching funds. The local match is "in -kind", which covers staff time and materials dedicated to the project. The City Manager executed a Fund Transfer Agreement with the State, effective February 1, 2012, which obligated the funding and served as our notice to proceed. On September 28, 2012, as required by the grant, City Engineering publicly advertised a Request for Qualifications (RFQ) for transportation planning and public outreach services for implementation of the SMART... Foundation Plan. The RFQ listed a budget of $270,000 for consultant services. Statements of Qualifications from the following firms were received by the October 22, 2012 deadline: KTU+A, Chen -Ryan Associates, CALTROP Communications, and Nelson Nygaard. On November 8, 2012, all four firms were interviewed by a three member review panel consisting of staff from Engineering, Planning and Community Services. The evaluations were focused on four key areas of emphasis: 1) Understanding of Project Goals and Deliverables, 2) Technical Qualifications and Scope of Services, 3) Project Approach and Community Outreach, and 4) Project Management and Quality Control. Based on evaluation of the Statements of Qualifications and interviews, the review panel identified KTU+A as the most qualified firm. KTU+A competed at a high level in all categories. In particular, they demonstrated excellent technical expertise having completed a variety of pedestrian, bicycle and mobility planning efforts in the region, a comprehensive project approach and plan for community outreach, and a clear understanding of project goals and deliverables. Therefore, staff recommends award of a professional services contract in the amount of $270,000 with KTU+A to assist City staff with project delivery. The scope of services and schedule for project delivery is attached as Exhibit "A" to the professional services agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KTU+A IN THE NOT -TO -EXCEED AMOUNT OF $270,000 TO PROVIDE TRANSPORTATION PLANNING AN PUBLIC OUTREACH SERVICES FOR IMPLEMENTATION OF NATIONAL CITY'S SMART....FOUNDATION (SAFE, MULTI -MODAL, ACCESSIBLE ROUTES TO....TRANSIT, WORK, SCHOOL, SERVICES, AND RECREATION) PLAN WHEREAS, the Engineering Division of the Development Services Department issued Requests for Qualifications for transportation planning and public outreach services for implementation of the National City SMART....FOUNDATION (Safe, Multi -Modal, Accessible Routes To....transit, work, school, services, and recreation) Plan; and WHEREAS, staff interviewed the four firms that responded to the Request for Qualifications and evaluated each focusing on four key areas: 1) understanding of project goals and deliverables, 2) technical qualifications and scope of services; 3) project approach and community outreach; and 4) project management and quality control; and WHEREAS, KTU+A, a planning and landscape architecture firm specializing in transportation, mobility, and land use planning, ADA accessibility, Smart Growth, public outreach, and GIS, was identified as the most qualified firm, and KTU+A is willing to provide services the City for the not to exceed amount of $270,000. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of KTU+A, and authorizes the Mayor to execute an Agreement with KTU+A in the not to exceed amount of $270,000 to provide transportation planning and public outreach services for implementation of the National City SMART....FOUNDATION (Safe, Multi -Modal, Accessible Routes To....transit, work, school, services, and recreation) Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of December, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU+A THIS AGREEMENT is entered into this 4th day of December, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KTU+A, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide transportation planning and public outreach services for implementation of National City's SMART...FOUNDATION (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan. WHEREAS, the CITY has determined that the CONSULTANT is a planning and landscape architecture firm specializing in transportation, mobility and land use planning, ADA accessibility, Smart Growth, public outreach, and GIS, 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 agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein, The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform transportation planning and public outreach services for implementation of National City's SMART...FOUNDATION (Safe, Multi -modal, Accessible Routes To...transit, work, school, services, and recreation) Plan. The CONSULTANT will perform services as set forth in the attached Exhibit "A". 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 specified 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 1 City's Standard Agreement —2011 revision 1 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, City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The 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. Michael L. Singleton, Principal, Landscape Architect, 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 requested and performed shall not exceed $270,000 (the Base amount) without prior written authorization from the Project Coordinator. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on this 4th day of December, 2012. The duration of this Agreement is for the period of December 4, 2012 through April 3, 2014. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 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. 2 City's Standard Agreement —2011 revision 2 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 CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and 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 CONTRACTOR. 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 employees 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, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 3 City's Standard Agreement —2011 revision 3 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 SUBCONSULTANT(S), 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. 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 4 City's Standard Agreement-2011 revision 4 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. 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 other property of any other person, firm or corporation. 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term 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 California, 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 attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any 5 City's Standard Agreement —2011 revision 5 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked 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"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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. F. 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. G. Insurance shall be written with only California admitted companies that 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. H. 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 6 City's Standard Agreement —2011 revision 6 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. 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. 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, 7 City's Standard Agreement —2011 revision 7 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 overnight 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: Stephen Manganiello City Engineer Engineering Division City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Michael L. Singleton Principal, Landscape Architect KTU+A 3916 Normal Street San Diego, CA 92103 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. 8 City's Standard Agreement —2011 revision 8 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in Califomia Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. 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. 9 City's Standard Agree n nt -2011 revision 9 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. 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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 party'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. --- Signature Page to Follow --- 10 City's Standard Agreement —2011 revision 10 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 Micha IySi gkhon Mayor Pri ipal, Landscape Architect ASLA, AICP-CTP, LEED-AP KTU+A By: APPROVED AS TO FORM: By: Claudia G. Silva City Attorney 11 VU Kurt W. Carlson Principal, Landscape Architect ASLA, CPRS City's Smndnrd Agreement -2011 revision 11 EXHIBIT A SCOPE OF WORK: SAP£. MULTI.YODAI, AcCESSIBIE a)UlES m SCOPE TASKS and PRODUCTS FOUNDATION 1. PROJECT MANAGEMENT AND COORDINATION Task 1.1: Project Initiation •Kick-off meeting with Caltrans staff, finalize scope, and conduct internal staff project meeting. Meeting summaries will be documented. Task 1.2: RFP for Consultant Services *Complete RFP process for notifying, short listing, interviewing and selecting transportation, planning and public input consultant. Task 1.3: Staff Coordination •Monthly interdepartmental face-to-face meetings with consultants and the City staff project manager will be conducted to ensure clear communications and to assure the project remains on time and within budget. These meetings will include the review of monthly progress reports. Caltrans staff will be informed of the meetings. Task 1.4: Quarterly Reports *City staff will submit quarterly reports to Caltrans District staff providing a summary of project progress and grant/local match expenditures. Task 1.5: Project Wrap-up Reporting and Actions •Once the project is complete, the City of National City will submit and present the findings of the report to SANDAG and Caltrans District 1 1 and will make available the results of the study and its process, available on a website (see also Task 6.6). Task 1.6: Management and Staffing of the Steering Committee *City staff will organize, conduct and summarize the Steering Committee intended to direct the consultant's efforts. Additional members of the public will be considered for the Committee. 2.0 EXISTING CONDITIONS Task 2.1: Existing Planned Goals •Utilize prior and existing planning efforts, such as the General Plan, Specific Plans, Bicycle Master Plan, Circulation Element, ADA Study and Safe Routes to School Programs, and synthesize a Task Deliverable Documentation 1,1 Project initiation Meeting summary 1,2 Consultant selection Contract 1.3 Monthly staff coordination Monthly meeting summary notes, progress reports and invoices 1.4 Quarterly Reports Quarterly progress reports and invoices 1.5 Project Wrap-up Report and Actions Final digital files, website postings and presentation materials 1.6 Management and Staffing of the Steering Committee Agendas and meeting minutes Smart Foundation Scope of Work 1 12 comprehensive set of goals and policies to build the "Foundation" to achieve multiple goals in an integrated way, including local and regional land use goals. Task 2.2: Summarize State Mandates and Previous Efforts for Conformance •Summarize state mandates such as AB 32 Global Solutions Act, SB 97 CEQA Directives for GHG, SB 375 Redesigning Communities for GHG Reductions, and AB 1358 Complete Streets and translate them into an action plan. •City staff will provide a summary of the efforts made to date in the implementation of these mandates. The discussion will be mostly limited to transportation related policies and implemented actions. Task 2.3: Review and Add to Goals and Objectives •The City of National City will identify and appoint a Steering Committee to guide the overall project process. City staff will coordinate, conduct and document these meetings. The primary focus will be for initial directions and review of the plan work products. •The consultant will summarize existing goals identified to date and will add some additional vision statements, objectives and other goals. •The consultant will work with city staff and the steering committee to refine the project vision, goals, objectives and implementing strategies for the project. Task 2.4: Existing Conditions Mapping *Circulation Mapping: An updated base map and aerial ortho-photo map will be prepared and verified with City engineering staff to determine road classifications, ADTs, posted speed, observed speed, overall widths, capacity and lane geometry. •Bike Facilities Mapping: Utilizing the recently adopted Bikeway Master Plan, summarize the existing and proposed facilities as well as prioritized capital projects related to implementing the plan. •Land Use Mapping: Existing land uses throughout the City will be mapped and then compared with proposed land use maps to determine where probable growth will be occurring. An overlay of specific plan areas and smart growth boundaries will be prepared as well. Task 2.5: Walking Facility Inventory •Pedestrian Facilities Mapping: Inventory and map existing, planned and proposed walkways into categories of village, district, corridor, neighborhood and connector walkway systems. Mapping will include missing walkway systems as well. This effort will require a substantial amount of fieldwork in order to spot check existing CAD, GIS and aerial mapping that can be done remotely. Task 2.6: Walking Facility Analysis •Pedestrian Barrier Mapping: A computer model of barriers to pedestrian mobility will be prepared including rail lines, trolley lines, water bodies, freeways, limited access roads, steep slopes, major arterials and large land ownership blocks with no public access. •Pedestrian Attractor Mapping: A computer model of existing employment centers, mixed land uses, public buildings, public spaces, schools, transit stops, parks, commercial centers, grocery stores and other important public -use facilities will be mapped. Each of the destination points or attractors will be analyzed with walking distance zones utilizing the existing walkway network. A 5, 10 and 15 minute walking time will be used to determine the area that can be covered by a pedestrian, assuming an average speed and average wait times at intersections. •Pedestrian Generator Mapping: A computer model of existing population densities, housing units per acre, and other census demographic and socioeconomic data will be used to determine the areas of the city most likely to contribute to generating pedestrian traffic. A 5, 10 and 15 minute Smart Foundation Scope of Work 2 13 walking time will be used to determine the area that can be covered by a pedestrian, assuming an average speed and average wait times at intersections. These distances will be from the centroid of census blocks, Master Geographic Resource Units or traffic zones or other standard units or block configurations for the area. •Pedestrian Composite Mapping: A composite layer will be created for areas where existing generators and attractors are within walking distances of each other. These will be classified as existing walking zones. The facilities mapping and barrier mapping will also be overlaid to determine where existing facilities are adequate and where barriers will need to be addressed. •Pedestrian and Bike Collision and Safety Data: The California DOT SWI IbRs database will be utilized to document and map the collisions that have occurred over the past 5 years. The data will be queried for all bike -to -vehicle, bike -to -bike, bike -to -pedestrian, pedestrian -to -vehicle collisions. The locations of these collisions will be mapped and the conditions or causes will also be put into the GIS database. Task Deliverable Documentation 2.7 Planned Goal Summary Lists of existing visions, goals & objectives 2 2 Summarize State Mandates and Efforts for Conformance Summary of mandates and previous conformance efforts 2.3 Review and Add to Goals and Objectives Refined and prioritized lists of visions, goals & objectives 2.4 Existing Conditions Mapping GIS files and hardcopy maps showing the circulation system, bike facilities system, and current land uses 2.5 Walking Facility Inventory Field Inventory maps with walkway classifications and major deficiencies noted 2.6 Walking Facility Analysis Various maps, tables and text descriptions denoting the barriers, attractors, generators and safety maps along with a composite map showing areas where walking is currently likely 3.0 PUBLIC INPUT Task 3.1: Identify Primary Stakeholders *The preliminary consideration is that four primary stakeholder groups are the ones most likely to utilize walking, bicycling and transit systems. The focus on these groups will likely return the greatest results. •Public participation will be focused on four stakeholder groups — seniors and retirees, Hispanics, parents of children who walk and/or bike to school and young professionals — who are traditionally under -represented and underserved. •Public outreach will also be conducted for the broader community beyond the four identified focus stakeholder groups. Community awareness and involvement of general public are critical components of the planning process. Task 3.2: Develop Public Input Strategy Plan *Though this section denotes a foundation for public input, further analysis of user groups and stakeholders will require the customization of the public input strategy plan. As a starting point, the public input process will be interactive to insure stakeholder groups and the general public that the process is one in which their input is sought and will be considered. The process will not be one where suggestions and actions are preconceived. The input will truly reflect the suggestions of the public. •Time will not be spent on strategizing pre -conceived results or certain objectives. The results and priorities will come from the community. This dedication to the process will assure that Smart Foundation Scope of Work 3 14 proposed changes in the future will actually result in increased reliance on walking, bicycling and transit use. •Notification of meetings will be distributed to all National City residents and local business owners. •All workshops will include some form of public input such as: questionnaires, comment cards, vote -by dot, sticky notes, table top exercises, prioritization listings, computer / handheld on - the fly voting, open microphone, and question and answer sessions. •A11 workshops will include a large aerial photo plot with strdet names. This plot will be screened back in order to accept written notes, highlighting or the placement of dots that denote areas where people walk and areas where specific problems of access, connectivity and safety currently exists. Task 3.3: Conduct Senior Focus Workshops •Seniors and retirees will be reached through existing or new Health Fairs held in partnership with Paradise Valley Hospital, San Ysidro Health Center and/or La Maestro Family Center. •Three workshops seeking input will be held at the Kimble & Morgan Towers Senior Center and Paradise Village Senior Community. Task 3.4: Conduct Hispanic Focus Workshops •Hispanic and primarily Spanish-speaking outreach will be through churches, companies with large numbers of Hispanic employees and Spanish -language media. A bilingual presenter will be available for translation at public events. •Flyers and posters in English and Spanish will be placed in prominent locations such as Community Parks, public libraries, large commercial centers (e.g. Walmart, Food 4 Less) and other places that attract large numbers of people. •Three workshops will be conducted at neighborhood facilities located in areas that show predominantly Hispanic home -ownership or have significant Hispanic renters. Task 3.5: Conduct Parent / Child Focus Workshops •Parents of children who walk and/or bike to school will be consulted through surveys and educational pamphlets, after -school Safety Fairs, and presentations at PTA / school -site meetings. •A workshop will be held at the local Boys & Girls Club. •Three additional workshops will be conducted in separate geographic centers of the City utilizing local schools for the location of the workshops. Task 3.6: Conduct Young Professional Focus Workshops •Facebook, Twitter and a phone application will be utilized to reach young professionals and the general public as well. *Additional outreach to the general public will be through National City's Neighborhood Councils, the National City Collaborative Family Resource Center, an interactive web link, editorials, articles, media events and local community events such as the Taste of National City, Relay for Life and Public Safety Fair. Business association presentations will be made to the National City Chamber of Commerce and through partnerships with local service organizations such as the National City Kiwanis and Lions Clubs. •Local health clubs, YMCA's and other community gymnasiums and centers will have workshop flyers and postings. •Conduct one workshop at Kimball Park or City Hall. Smart Foundation Scope of Work 4 15 Task 3.7: Conduct Community Wide Workshops •Three workshops will be conducted in separate geographic centers of the City. They will be held at facilities at Kimball Park, Las Palmas Park, and El Toyon Park. One workshop will be on a Wednesday evening, one workshop on a Thursday evening, and the last workshop will be on a Saturday morning. These days and times have proven successful in past outreach efforts. Task 3.8: Create and Manage Website Elements *Care will be given to make sure that there is not an over -reliance on digital media to solicit and distribute information. However, this method will not be overlooked. A project website will be built and administered at least monthly. Electronic questionnaires, flyers, workshop notices, workshop results, as well as other work products will be posted for downloading. Task Deliverable Documentation' 3.1 Identify Primary Stakeholders List and contact information on stakeholders with lists of the best way to engage 3.2 Develop Public Input Strategy Plan Report on workshop dates, locations focus, exercises, intended results and methodologies 3.3 Conduct Senior Focus Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.4 Conduct Hispanic Focus Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. All will be in Spanish. 3.5 Conduct Parent / Child Focus Workshops Materials for four workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.6 Conduct Young Professional Focus Workshops Materials for one workshop including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.7 Conduct Community Wide Workshops Materials for three workshops including flyers, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. 3.8 Create and Manage Website Elements Electronic questionnaires, flyers, workshop notices, workshop results with links, as well as other work products will be posted for downloading and updated regularly. 4.0 FUTURE CONDITIONS Task 4.1: Compile Future Plans •Data Collection: Several documents will be reviewed including all specific plans, master plans, redevelopment plans and all elements of the General Plan and Capital Improvement Plans. Areas where future changes are likely will be identified by parcel. Any other planning effort that has resulted in recommended facilities, projects or land use changes will be documented and previous prioritization efforts will be incorporated. *Land Use Mapping: The Proposed Land Use layers of the General Plan will be mapped and compared with existing land uses. Another method for determining likely future changes is the overlay of existing land uses and densities on top of zoning. Where substantial difference exists, these areas will be noted as potential future changes. •Population Mapping: SANDAG-based Smart Growth areas and its most recent boundary files will used in addition to future population projections developed by SANDAG will be used in predicting where growth is likely to occur. •The proposed densities of these areas will be categorized into those that are supportive of walking, cycling and transit and those that are not. Smart Foundation Scope of Work 5 16 Task 4.2: Identify Future Initiatives *Review Documents: General and specific policies that affect future growth will be identified and reviewed for portions that deal with non -vehicular active transportation, walkable communities and transit supportive development or smart growth. Task 4.3: Project Future Conditions through Computer Modeling *Computer Modeling: Future population areas will be modeled for walking and cycling distances using 5, 10 and 15-minute walking distances. Where existing walking facilities and roadways exist, the modeling will assume these will be used. In other areas where the walking network does not exist, standard radius circles of % mile, %s mile and 1 mile will be used. Distances of 1 mile, 3 miles and 5 miles will be used for cycling. •Utilization of Existing Attractor Elements: The polygons of walking and cycling distances will be overlaid on existing public facilities, parks, transit facilities, services, schools and retail outlets to determine if they are adequately being served with existing facilities within walking and cycling distances. Future transit facilities will be mapped. •Likely Future Attractor Elements: Based on General Plan proposed land uses and mapping efforts of previous tasks, a determination will be made on where future attractors are likely to be. Distance zones from these attractors will be mapped. Project prioritization from previous planning efforts and Capitol Improvement Plans will be carried forward to be included in model prioritization. Task 4.4: Opportunities for Synergy and Collaboration *Analysis: Future smart growth areas and results from the modeling listed above, will lead to a discussion on where public improvements can help to close the gap on existing walking and cycling facilities that can provide essential links between future population centers of moderate to high density and existing or proposed attractors such as schools, parks, employment centers, community facilities, public buildings and transit facilities. Task Dellveratla Documentation; 4.1 Compile Future Plans Maps showing areas of likely land use change /growth 4.2 Identity Future Initiatives Summary of future project goals and initiatives for walking/ cycling /transit use and smart growth 4.3 Project Future Conditions Future population walking/cycling zone maps. Maps showing future walking/cycling zones that are serviced by existing attractors. Future development areas with attractor elements that may be built. 4.4 Opportunities for Synergy/ Collaboration List and maps showing opportunity areas for synergy between land use, transportation & future population densities 5.0 SOLUTIONS AND RECOMMENDATIONS Task 5.1: Pedestrian Priority Areas •Computer Modeling: A composite map will be made of all existing attractors, detractors and generators as well as all future population densities, land use and projects. Safety factors resulting from the review of the collision data will also be worked into the model under the detractors. •Model Scoring: A composite score of pedestrian priority will be developed. Since the model will be a raster -based model, each pixel will represent an acre and will contain a composite score of its overall importance. •Priority Area Mapping: Groupings of linear corridors or nodes will be identified where overall high scores can be clustered together. These will be areas where improvements are Smart Foundation Scope of Work 6 17 considered to be a top priority and the top 20 sites in the city will be identified for further review. Task 5.2: Priority Area Fieldwork •Site Visits: These top 20 areas of the city will have additional fieldwork completed. The fieldwork will look at connectivity, safety, accessibility and walkability factors. Attention to access to transit, schools, employment, public facilities and services will the focus of this fieldwork. Gaps, poor walking facility conditions, safety concerns, street crossings, street traffic conditions and ADA access issues will be highlighted. *Mapping: These top 20 areas will have the conditions mapped and each will become a potential project priority area. Task 5.3: Specific Priority Area Solutions •Safety Countermeasures: For those areas with a high incidence of collisions or where particular safety concerns are noted, safety countermeasures will be developed. These measures may include traffic calming, road diets, traffic control, bulb -outs, median refuges, marked crossings, countdown pedestrian timers, warning signage, improved lighting conditions, mid - block crossings, and other pedestrian safety improvements. •ADA Improvements: ADA, California Title 24 and regional standards for accessibility will be noted and conformance issues will be categorized into highly out of conformance / unsafe, generally out of conformance, mostly conforming and fully conforming. •Connectivity Improvements: Where missing facilities or gaps are identified, the necessary infill walking facility requirements will be noted. For areas where an out -of -direction distance that is very inconvenient or time consuming is noted, possible barrier removals and improvements will be noted. •Walkability Improvements: Walkability is more of a perceptual and qualitative requirement. Harsh conditions, missing shade, windy area, lack of lighting, lack of amenities, buffers between vehicles and the walking environment and adjacent land uses will all be noted. General guidelines for the improvement of walkability will be prepared and specific recommendation made for each problem area. Task 5.4: Vetting of Priority Areas and Their Solutions •Workshops: Each of the four focus stakeholder groups identified in earlier tasks will be provided with one workshop specific to priority areas and solutions. The intent of the workshop will be to show the priority areas, identify the issues that we observed in these areas and to present the solutions to these issues. Workshop input will include the identification of other issues that meeting attendees may know about, the prioritization of the issues identified and the agreement on the solutions that make sense for the issue. Task 5.5: Initial General Costs •Project Refinement: Preliminary plans for the top 20 project areas will be refined and updated based on public input. •Initial Proiect Costs: Using City staff approved unit costs, the estimated construction costs will be developed with agreed upon contingency costs and soft costs included. Task 5.6: Phasing and Implementation Plans •Phasing Plans: Utilizing public input, an overall prioritized phasing plan will be developed. •Future Project Requirements: For future discretionary projects located in or near the project priority areas, the potential for requiring the development to add these near site facilities will be explored. Redevelopment funds and other facility benefit assessment districts will also be looked at for funding these projects. For future capital projects, these improvements will take place in the public right of way and will not necessarily require adjacent development Smart Foundation Scope of Work 7 18 funding or coordination. Where possible, leveraging private investments in coordination with the public investments should be pursued. *Funding Sources: A variety of federal, state, regional and local grants and funding sources do exist for safety improvements and the expansion of walkability. Safe Routes to School programs, bike facility funding through programs such as BTA, Smart Growth grants, and TransNet Pedestrian, Bike and Transit programs are all likely sources to be investigated. Task Dr'llvarable Doctaetttatiort 5.1 Pedestrian Priority Areas A documented process for producing the maps as well as the prioritized pedestrian area maps themselves. Tabular data will also be provided that quantifies the scoring and size of these areas. 5.2 Priority Area Fieldwork Field maps and notes showing improvement elements 5.3 Specific Priority Area Solutions Project area improvement maps showing possible safety, connectivity, accessibility and waikability improvements. 5.9 Vetting of Priority Areas and Solutions Workshop maps showing priority areas and the overall process used to identifypriority areas. Specific project area blow-up maps for public comment with documented input. 5.5 Initial General Costs of Solutions Spreadsheets showing unit costs and quantities 5.6 Phasing Plans and Priorities Overall phasing map. Tables showing possible funding sources. Adjacent developments that may be conditioned with these improvements will also be mapped. 6.0 PLAN SUBMITTALS, PRESENTATIONS AND APPROVALS Task 6.1: Prepare & Present Draft Plan •Outline Development and Approval: A detailed outline will be submitted for approval by City staff and the Steering Committee. *Document Writing: The outline will be populated with text and submitted for approval by City staff and the Steering Committee. •Document Layout: InDesign layouts will be used with integrated photos, tables, figures, diagrams and maps. The template layout will be submitted for approval by city staff. *Duality Control: The draft plan will be reviewed for quality control by the consultant prior to being submitted. *Develop Presentation Materials: An overview presentation will be created that will include project objectives, public input, existing conditions, future conditions, priority mapping, priority areas, projects and prioritized input from the public including phasing and costs. •Present and Collect Input: The draft plan will be presented to the Steering Committee then to each of the four focus groups and the general public for additional input. Task 6.2: Review, Refine Draft Plan and Submit Pre -final Plan * Staff Review of Draft Plan: City staff will review the plan and provide written comments. * Staff and Consultant Review Comment Meeting: A meeting will be conducted to review the comments face to face and to work out specific direction on the next submittal. •Plan Revisions: The plan will be adjusted based on Steering Committee and City staff input. •Plan Refinements: Refinements to the maps, tables, text and layouts will be made. •Plan Production: Refinements to the maps, tables, text and layouts will be made. *Quality Control: The pre -final plan will be reviewed prior to submittal by the consultant. Task 6.3: Present Pre -final Plan to Approval Bodies •Revise Draft Presentation: A revised presentation will be prepared. Smart Foundation Scope of Work 8 19 •Present to Traffic Safety Committee / Park and Recreation Advisory Board: The City of National City's Traffic Safety Committee and Park and Recreation Advisory Board will receive a presentation and a copy of the Pre -final Plan. •Present to Planning Commission: One presentation will be made to the Planning Commission as part of an open workshop. This will be an information item only. •Present to City Council: One presentation will be made to the City Council as an open workshop informational item. Task 6.4: Revise and Submit Final Plan * Staff Review of the Plan: City staff will make comments on the Pre -final Plan. ' Staff Meeting to Review Comments: A face-to-face meeting with City staff and the consultant will be conducted to review comments, including those from the Planning Commission and City Council. •Final Plan Production: Based on comments, a final plan will be produced for adoption. Task 6.5: Final Approval Process •Present Plan to Planning Commission: A final plan will be presented to the Planning Commission for review of their previous comments and any additional input. •Present Plan to City Council: A final plan will be presented to the City Council for their adoption. Task 6.6: Post Final Product Dissemination of Information • Final Presentation Materials: The final presentation materials will be turned over to City staff, to SANDAG and to Caltrans. The final presentation will also be posted on the project website. •Applicability to Other City Discussion: An appendix will be written to show how the processes used can be replicated by other cities and how the project recommendations may also be of some use for cities in the region considering similar plans. •Presentation to SANDAG / Caltrans Committees: A presentation will be given to the appropriate committees and/or meetings of SANDAG with Caltrans in attendance. •Presentation to San Diego Professional Organizations: Presentations may be offered to the local professional societies in the San Diego area that have a high interest in the project. Some example organizations include: APA, ASCE, APWA and ITE. •Presentation to Non-profit Advocacy Organizations: Presentations may be offered to local non- profit advocacy groups in the San Diego area that have a high interest in the project. Some example organizations include: WalkSanDiego, San Diego County Bike Coalition and Move San Diego. •Presentation to County Health and Human Services: A presentation will be offered to the County Health and Human Services or other Countywide Health Coalitions. task Deliverable Documentation 6.1 Prepare Draft Plan Draft document with 25 copies 6 2 Review, Refine and Revise Draft and Submit Pre -final Plan Pre -final document with 25 copies 6.3 Present Pre -final Plan to Approval Bodies Presentation 6.4 Revise and Submit Final Plan Final document with 25 copies 6.5 Final Approval Process Final presentation 6.6 Post Final Product Dissemination CDs with all native files and pdf versions of the final document. Includes all GIS files as well. These same files will be on the project website for downloadinq. Smart Foundation Scope of Work 9 20 Submitted to: Submitted by: Submitted for: 71 Task Number O/N/D J FMAMJJASOND Deliverable PHASE 1: PROJECT MANAGEMENT AND COORDINATION PHASE National Cit Tasks starting October 2012 1.1 Pro'ectInitiation NC Master schedule 1.2 RFP for Consultant Services NC Re, uest for Pro.. al 1.3 Staff Coordination / Review for Full Pro ect NC NMEININ MI in Meeti ! minutes and decision lo.s 1.4 Quarted Resorts/Overall Administration NC Quarterl re..rts,s•readsheetsand invoices 1.5 Pro' 'GIWra• Re di and Actions NC Final dislalfiles, website...ti •sarid •esentationmaterials 1.6 Management / Staff lime for Steering Comm. IN MI NI NM MEM a Steering Committee agendas end meeting minutes eT7,7 P i: # ,, : q - zip 2.1 Existin• Planned Goals �■■■■■■■.��Vision, !•alsand ob'ectiveslists Summa of State mandates & cit efforts 2.2 Summarize State Mandates & Previous Efforts -■■■■■■■■■■■ 2.3 Review and Add to Goals and Ob'ectives -■■■■■■■■■■. Final vision, .oats end ob'ectives lists 2.4 F-xisgn!Conditions Mappin• _■�� ■■■■■■■ GIS rna .s for circulation, bikes and land uses 2.5 Walkim Facili Invento Verified welkin. conditions, lass and fieldwork 2.6 Walking FacilityAnelysis -■■■� ■■■■■■■■GIS maps for atbactors,generators, barriers &safety 3.1 Idenf Prima Stakeholders '��■�List ofcontacts for stakeholders 3.2 Develop Public lmutSkate. Plan -■ Public in. ut strate. •lanwith dates, ob'ectives&skate. ies 3.3 Conduct Senior Focus Workshops l Worksho• fl ers, materials and results 3.4 Conduct Hispanic Focus Workshops -.■.....;,■ , _;■ ■■■.■ Worksho. fl ers materials and results 3.5 Conduct Parent / Child Focus Workshops -■■ '■ _..,■ .■■■■ Worksh• • fl ers, materials and results 3.6 Conduct Youn! Professional Focus Workshop -��■� ■ ■■■■■ Worksho• fl ers, materials and results 3.7 Conduct Common] Wide Workshops ■■■ ■ .■�� Workshs • fl ers, materials and results ■ Workshop with links, announcements, results, and products 3.8 fm ! n Create and Manage Website Elements t U i ��*``l-�°°$@e _ k � w �i�i 6 tti £`i r- '�`-• Wu.. •,fj: '�.:vyg B k{e, iYi1`�e�.' 4.1 Compile Future Plans -�� ■��■■ Ma•, of future land use, •• •ulations & areas of .robable changes 4.2 Identi Future Initiatives -■■■ -■■.■.;.....■■■■■■■Com•uter - ■■■■■■.■Summa ;..■■■■■■ of future growth initiatives and•4icies models for welkin. zones, existin•&future aflrectors Maps showing how walking/biking/transit can support development 4.3 pQ••f Future Conditions Opportunities for Synergy/ Collaboraton q��4.4 THA- i'r15.1 �TSF-...■■ e _ eJ .. ,,a - To, I"PFh '"Te • Pedestrian Priority Areas .Composite GISmaps showing pedestrian priori areas 5.2 Priorit Area Fieldwork -■■■■.■ , ■■■■■ Field work maps showi • existin• issues in • • 20 areas 5.3 Specific Prio' Area Solutions ��■■� Safe , connectivi , ADAand walkabili ideas for to. 20 areas 5.4 etti l of Prio Areas and Solutions �■■�■��■.,....;,;�■■ Presentation of priorities and solutions 5.5 Initial General Costs of Solutions -■■■■■■■..".:�.;■■■ S•readsheets showin! • •bable im•rovement• .'ect costs 5.6 Phasing Plans & Implementation Plans ■■■■■■■■ �■■■ Phasing plan and prioritized project lists PHASE 6: PLAN SUBMITTALS, PRESENTATIONS AND APPROVALS 6J Prepare Draft Plan -■■■■■■■, ■■. 25 copies of a draft .lan 6.2 Review, Refine & Revise and Submit Pre.final ■■■�.■■�� ;' �■ 25 co.les of a pre -final plan 6.3 Present Pre -final Plan toA.proval Bodies -.■■.■■■■■.::,..`�Presentation ■.�■��.. ; ,; materials for the •re -final plan 25 copies of a final plan 6.4 Revise and Submit Final Plan 6.5 FinalAp• .val Process -■■■■■■.■■■.,:. Final presentation materials CDs of all project materials, website finals & special presentations 6.6 Post Final Product Dissemination ■■■■.■■■■.■' 1 ..� .? ..+r xi °. .S.rK.�r':x`i 5,ra' a. A4 'taAz "+ '4py4 44<,: ,: <:. at °< k ,: r'r ,.1.': '"?z{ P ... nn"rr„3,'� ,v"� •'* National City SMART ... FOUNDATION Plan 21 6 Sharon Singleton, ASLA, CPSM Sandra Swaney-Carmona, AICP Kurt Carlson, ASLA a . ni 115LA, A1KP, LEED-A. 9 Landscape Architects (3 L 10 Planners 4 Landscape Designers 2 Irrigation Designers 3 GIS Analysts 1 Graphic Designer' 3 Administrators: CERTIFICATIONS' Woman Business Enterprise (CPUC) Small Business Enterprise (CA) SERVICES' Manning • Community Planning • Mobility • Resource Management Landscape Architecture • Community Design • Parks and Recreation • Health Care • Education • Housing • Hospitality • Office and Retail Federal Planning • Master Plans • MILCON Documentation • Basic Facility Requirements • Asset Evaluations • Capital Improvement Plans • Design Guidelines • Special Studies SUPPORT SERVICES • Public Outreach • GIS • 3D Modeling and Simulations • Sustainable Design • Water Management • Grant Writing Established in 1970, KTU+A is a planning and landscape architecture firm whose commitment to balancing human activities with the elements of nature has resulted in award -winning, creative and sustainable projects throughout our community and the southwest. In September 2010, KTU+A was named a Silver level Bicycle Friendly Business by the League of American Bicyclists. The trends towards higher energy costs, lower oil production and more sustainable economic growth necessitate the need to provide better transportation and land use plans that emphasize human mobility as part of the solution. Whether this is achieved through principles of smart growth, traffic calming, universal access, or pedestrian and bike facility integration with vehicular streets and open spaces, the technical challenges must be met. Our streets are not just for motorists, they should be complete streets for the entire community. KTU+A offers a proven track record of cost-effective, technically proficient and creative approaches towards mobility that connects people, places and resources. Project Experience KTU+A has provided planning and design services for a number of projects requiring the integration of various modes of transportation, including pedestrian, bicycle and transit. Services have included alignment alternatives; design feasibility; evaluation of safety aspects; determination of appropriate land uses; development of design guidelines; integration with recreational, residential and commercial land uses; analy- sis and identification of bikeway and walkway locations; and ADA accessibility. Our qualifications include: • All plans prepared by KTU+A comply with State, Federal Highway Administration, AASHTO and MUTCD standards, • Experience in researching and recommending innovative facility treatments and programs for specific issues. • GIS computer applications for producing alignment analysis, pedestrian and bicycle suitability modeling, maps, route selection, graphic production, estimating and 3-D visualizations. • Expertise in pedestrian and bikeway planning and commitment to the integration of recreation, land use planning, community design, urban design and non -motor- ized alternatives. • Understanding and experience in the linking of land use planning, development and multi -modal transportation options, • Extensive research on pedestrian and bicycle safety factors and common accident scenarios. • Professional experience with the integration of trails systems within environmen- tally and visually sensitive areas. Current And Completed Projects • City of Ontario Holt Boulevard Complete Streets Plan • Port of San Diego Harbor Drive Bayshore Bikeway • City of National City 8th Street Corridor Smart Growth Plan • City of Lemon Grove Main Street Promenade Smart Growth Plan • City of San Diego Greater North Park Community Plan Update • City of La Mesa Bicycle and Complete Streets Master Plan • City of Dana Point Pedestrian Connectivity Study • City of San Diego Pedestrian Master Plan, Phases 1 and 4 • City of San Clemente Bicycle and Pedestrian Master Plan • City of Oceanside Bicycle and Pedestrian Master Plan • University of California San Diego Bicycle and Pedestrian Master Plan • City of Carlsbad ADA Transition Plan • City of Chula Vista Bicycle Master Plan • City of Coronado Bicycle Master Plan • Market Creek Village Community Outreach Program National City SMART... FOUNDATION Plan 23 22 KTU+A PLANNING & LANDSCAPE DESIGN ARCHITECTURE INC. $330 $330 $330 $330 $270 $270 $270 $270 $270 $270 $270 11 /28/2012 Hire Date PRINCIPALS Carlson, Kurt Singleton, Mike Singleton, Sharon Swaner, Sandra Expert Witness 2010 Billing Rate 2012 Billing Rate Rate' SENIOR ASSOCIATES Blatner, Cheri Calling, Susan Carpenter, Mark Everting, Bernard Holloway, John Leonard, Dave Taylor , John ASSOCIATES An, Jenny Efird, Robert Henderson, Tim Henning, Emily Jacobsen, Darren Johnston, Michael Pietz, Brooke Punsalan, Joe $135 $135 $135 $135 $135 $135 $135 $115 $115 $115 $115 $115 $115 $115 $115 SENIOR DESIGNERS / SENIOR PLANNERS Bosch, Bryan Davis, Tasha Jessop, Roarke Machi, Catrine DESIGNERS / PLANNERS Richardson, Craig Wilkins, Matt ADMINISTRATION $105 $105 $105 $105 ' Expert Witness applies to: Principal, Sr,. Associate Licensed Landscape Architects. Rates will be doubled than regular rates. This would be if we are deposed, prepare a special report for litigation, or have to offer testimony or practice on testimony. 23 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO/YYYY) 11/28/2012 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to t certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 INSURED KTU+A, Inc. 3916 Normal Street San Diego, CA 92103 United States CONTACT NAME. Department INCPHONNo. Est 619-234-6848 FAX EMAIL ADDRESS: certificates@cavignac .com PRODUCER KTU&A-1 CUSTOMER ID II: INSURER(S) AFFORDING COVERAGE INSURER A:TP AVELF.RA PROP CAR CO OF AMFR INSURERB:XL SPECIALTY INS CO INSURER C NAIC # 75A74 37885 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 204273 REVISION NUMBER: 204353 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 8E 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYYL 1MMIDDIYYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL X LIABILITY OCCUR X 6801C93201A 9/1/2012 9/1/2013 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300, 000 CLAIMS -MADE MED EXP (Any one person) $ 10,000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY X Sri PER: LOC PRODUCTS-COMP/OP AGG $ 2, 000, 000 Deductible $ 0 A AUTOMOBILE LABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS No Company Owned Autos X 6801C93201A 9/1/2012 9/1/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X $ X $ A _ UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP001C935653 9/1/2012 9/1/2013 EACH OCCURRENCE $ 3,000,000 x AGGREGATE $ 3,000,000 DEDUCTIBLE RETENTION $ $0 X $ A WORKERS AND EMPLOYERS.LABILIITY ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N I A X UB7109Y567 9/1 /2012 9/1/2013 X TORY LIA ITS Til- ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 below E.L. DISEASE - POLICY OMIT $ 1,000, 000 B Professional Liability DPR9700947 9/1/2012 9/1/2013 Ea Claim & Aggreg $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: National City Smart Foundation. Additional Insured coverage applies to General and Automobile Liability for City of National City, its elected officials, officers, agents, and employees per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Prof. Liab. - Claims made, defense costs included within limit. ATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 United States ) 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 Dorothy Amundson © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo a e registered marks of ACORD EXIGIS - CAVIGNAC &ASSOCIATES 204353 Page 2 of 4 POLICY NUMBER: 6e01C93201A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 1I): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or C. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional 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 that is CG D3 81 09 07 available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 3 of 4 CNA Polley No. 4030967835 SB-146968-A (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL. INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited es follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement, No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Umits of Insuranceare inclusive of, and not In addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement_ end section titled LIABILITY AND MEDICAL. EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless SB-146968-A (Ed. 01/06) C. required by the written contract or written agreement. 4. The insurance provided to. the additional insured does not apply to "bodily Injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. b. The preparing, approving, or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does riot apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: Page 1 of 2 Page 3 of .5 WA Policy No. 4030967835 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and Indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a toss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional Insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other Insurance naming the additional insured as an Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additionalinsured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional Insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or 13 to defend the SB-146968-A (Ed. 01/06) E. SB-146968-A (Ed. 01/06) additional insured against any "suit' if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the Toss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other Insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions Is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments wemake for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." Page 2 of 2 017 Paee4or5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER UB7109Y567 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY 'PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council approving Amendment No. 3 which provides for an additional (4) four month extension to the current Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240 EXPLANATION: See Attached DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: NIA ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends that the City Council approve Amendment No. 3 to the Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services for an additional four month period as allowed for in the current Agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Resolution 3. Amendment No. 3 to Agreement Resolution of the City Council approving Amendment No. 3 which provides for an additional (4) four month extension to the current Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services STAFF REPORT The purpose of this report is to recommend that the City Council approve Amendment No. 3 which provides for an additional four month extension to the current Agreement between the San Diego Unified Port District and the City of National City to provide police, fire and emergency medical services to National City's tidelands property. The Amendment also provides that the existing Agreement will end on the effective date of the new Agreement, provided that the extended Agreement amount is adjusted based on the final negotiated price for the new Agreement. Each member city, including National City, contracts with the Port District for public safety services. The term of National City's current Agreement (attached) is from July 1, 2009 through June 30, 2012. City and Port staffs have been negotiating on a new contract since April, 2012. On May 15, 2012, the City Council approved the Port's request to extend the Agreement as allowed in Section 2, Term of Agreement, for a three month period; on October 2, 2012, Port staff requested a second extension for an additional two month period. If approved by the City Council, this third extension will cover services rendered from July 1, 2009 to March 31, 2013. This same request has been made to all Port member cities. While negotiations between Port and City staffs will continue during the contract extension, Port staff is planning to take a proposal to their Board of Directors on December 11, 2012. The Port plans to distribute a copy of the proposed MSA contracts to each of the member cities by the end of January 2013 unless their Board makes changes to , or does not approve, the provisions in the proposal. Providing the contracts by the end of January should enable each of the member cities to complete the contracts by the March 31, 2013 target date. Upon completion of negotiations and execution of documents, the new Agreement would take effect and the extension of the existing Agreement would end on the effective date of the new agreement, provided that the extended Agreement amount is adjusted based on the final negotiated price for the new Agreement. STAFF RECOMMENDATION: Staff recommends that the City Council approve Amendment No. 3 to the Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical services for an additional four month period as allowed for in the current Agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO EXTEND THE TERM OF THE AGREEMENT FOR FOUR MONTHS OR UNTIL THE NEGOTIATIONS FOR THE NEW AGREEMENT ARE COMPLETE WHEREAS, on December 15, 2009, the City Council adopted Resolution No. 2009- 293, approving an Agreement with the San Diego Unified Port District for the provision of police, fire, and medical emergency services to the non -ad valorem taxpaying properties located on the City's tidelands from January 1, 2009 to June 30, 2012; and WHEREAS, on May 15, 2012, the City Council adopted Resolution 2012-108, to extend the term of the Agreement for three months, through September 30, 2012, or until the effective date of a new agreement, whichever comes first; and WHEREAS, on October 2, 2012, the city Council adopted Resolution 2012-201, extending the term for an additional two months, through November 30, 2012, or until the effective date of a new agreement, whichever comes first; and WHEREAS, the Amendment provided that the existing Agreement would end on the effective date of the new agreement, provided that the agreement amount for the extended period would be adjusted based on the final negotiated price for the new agreement; and WHEREAS, to date, negotiations have not been completed, therefore, it is necessary to extend the term of the agreement for an additional four months, to March 31, 2013, or until the effective date of the new agreement, whichever comes first. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Amendment No. 3 to the Agreement with the San Diego Unified Port District for police, fire, and emergency medical services to extend the term of the Agreement for four months, through March 31, 2012, or until the effective date of the new agreement, whichever comes first. Said Amendment No. 3 to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of December, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney AMENDMENT NO. 3 TO AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 123-2009 The parties to this Amendment No. 3 to Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and the CITY OF NATIONAL CITY, a municipal corporation (City). Recitals: District and City are parties to an Agreement for Police, Fire and Emergency Medical Services. The Agreement is on file in the office of the District Clerk as Document No. 55944, dated January 12, 2010 as amended by Amendment No. 1, Document No. 58995, dated May 25, 2012 and Amendment No. 2, Document No. 59475, dated October 25, 2012. The Parties Agree: 1. As allowed in Section 2, Term of Agreement, this Agreement is extended for an additional four months. Therefore, the Agreement shall cover services rendered from July 1, 2009 to March 31, 2013. 2. As provided in Section 2, Term of Agreement, upon completion of negotiations, Board of Port Commissioners approval, and execution of the documents, the new Agreement will take effect and the extension of the existing agreement will end on the date of the new agreement. The Agreement amount for this extended period will be adjusted based on the final negotiated price for the new Agreement. * *END OF PAGE* * Agreement No.: 123-2009; Amendment No. 3 Party to Agreement: City of National City Requesting Department: Executive Offices Page 1 of 2 3. All other terms, covenants, and conditions in the original Agreement shall remain in full force and effect and shall be applicable to this Amendment. CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT Ron Morrison Mayor Karen Porteous Executive Vice President CITY ATTORNEY PORT ATTORNEY Agreement No.: 123-2009; Amendment No. 3 Party to Agreement: City of National City Requesting Department: Executive Offices Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement for Amendment No. 1 to the Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center to revise the construction commencement deadline from December 31, 2012 to December 31, 2013 PREPARED BY: Stephen Manganiello, City Engineerr DEPARTMENT: Development Services/Engineering PHONE: 4382 APPROVED BY: EXPLANATION: The Port District previously allocated $830,000 in Capital Improvement Program Funds for construction of the National City Aquatic Center. The current MOU between the Port District and the City requires that construction of the Aquatic Center commence no later than December 31, 2012 in order to maintain use of said funds. Execution of this agreement will amend the MOU to provide for a one year extension of this deadline and preserve the use of said funds. If approved by City Council, Port staff will present the agreement to the Port Board of Commissioners on December 11, 2012 for approval. 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: 1. Agreement 2. Copy of MOU with City Council Resolution 2011-198 3. Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY TO REVISE THE CONSTRUCTION COMMENCEMENT DEADLINE FOR THE NATIONAL CITY AQUATIC CENTER FROM DECEMBER 31, 2012 TO DECEMBER 31, 2013 WHEREAS, in 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee that was formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan; and WHEREAS, as a result of these activities, the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 Million National City Aquatic Center (the "Project"), intended to open up National City's waterfront for boating to all people regardless of their ability to pay; and WHEREAS, on June 8, 2010, the San Diego Unified Port District (the "Port District") entered into a 30-year lease (the "Lease") with the Community Development Commission of the City of National City ("CDC") for property located at Goesno Place, to be utilized for the Aquatic Center; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date, and the Building Permit for the Project was approved in August requiring construction to be underway within six months; and WHEREAS, pursuant to the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011; and WHEREAS, the Port District and the City entered into a Memorandum of Understanding ("MOU") providing National City with the funding via a cash advance in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit; and WHEREAS, the City and the Port desire to amend the MOU to extend the deadline for the commencement of construction of the National City Aquatic Center from December 31, 2012 to December 31, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement for Amendment of Memorandum of Understanding, Amendment No. 1 between the City of National City and the San Diego Unified Port District to amend the construction commencement deadline for the National City Aquatic Center from December 31, 2012 to December 31, 2013. Said Agreement for Amendment of Lease, Amendment No. 1 is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 4th day of December, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor SAN DIEGO UNIFIED PORT DISTRICT AGREEMENT FOR AMENDMENT OF MEMORANDUM OF UNDERSTANDING AMENDMENT NO. 1 THIS AGREEMENT, made and entered into this llth day of December 20 12 , by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City," WITNESSETH: WHEREAS, Pursuant to the State of California Assembly Bill No. 26 (2011-2012 1st Ex. Sess) amending the Community Redevelopment Law of the Health and Safety Code Sections 34161 thru 34194.5, the Redevelopment Agency Community Development Commission of National City has been dissolved; and WHEREAS, District and City, on the 13th day of September, 2011, entered into a Memorandum of Understanding (MOU) regarding the National City Aquatic Center, which MOU is on file in the Office of the Clerk of Lessor bearing Document No. 58060; and WHEREAS, District and City, on the 8th day of June, 2010, entered into a Lease of certain area in the City of National City, California, which Lease is on file in the Office of the Clerk of Lessor bearing Document No. 56735; and WHEREAS, District, on the 26th day of September, 2011, fulfilled its obligation of transferring match funding to City in the amount of $830,000 as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, District and City are mutually desirous of amending said MOU; NOW THEREFORE, for valuable consideration, said MOU is hereby amended in the following respects and no others, and except as expressly amended, all terms, covenants and conditions of said MOU shall remain in full force and effect: A. Said MOU is hereby amended by deleting item No. 3 and replacing it as follows: 3. City agrees to commence construction of the Project before December 31, 2013 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. ORIGINAL IN WITNESS WHEREOF, parties hereto have executed this agreement as of the day and the year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By DEPUTY PORT ATTORNEv Karen J. Weymann Director, Real Estate APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia G. Silva City Attorney SDUPD Doc. No. 550189 2 Ron Morrison Mayor (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On before me, Notary Public, personally appeared 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 (Seal) Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capactty(les) Claimed by Slgner(s) Signers Name ❑ Individual o Corporate Officer--Title(s): ❑ Partner -- u Limited n General n Attorney in Fact n Trustee ❑ Guardian or Conservator n Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name ❑ Individual o Corporate Officer —Title(s): o Partner -- n Limited ❑ General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: RIGHT TI-IUOS PRINT OF SIGNER Top of thumb here (FOR USE BY CITY OF NATIONAL CITY) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On before me, Notary Public, personally appeared 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 (Seal) Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name o Individual c Corporate Officer--Title(s): ❑ Partner -- ❑ Limited o General o Attorney in Fact o Trustee o Guardian or Conservator ri Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top or thumb here Signer's Name ❑ Individual ❑ Corporate Officer —Title(s): c Partner -- o Limited o General o Attorney in Fact o Trustee o Guardian or Conservator ❑ Other: Signer is Representing: RIGHT TI-IUh96FRiNT OF SIGNOR Top of thumb here San Diego Lln ed. Pod Distrri8iCL r, MEMORANDUM OF UNDERSTANDING Document No 5�i)11 b BETWEEN SAN DIEGO UNIFIED PORT DISTRICT Filed �E GU AND THE CITY OF NATIONAL CITY OHicenftheDistrictClerk REGARDING THE NATIONAL CITY AQUATIC CENTER The following recitals are a substantive part of this Memorandum of Understanding (MOU): WHEREAS, both the San Diego Unified Port District (District) and the City of National City (City) have worked cooperatively to develop the National City Aquatic Center (Project); and WHEREAS, the District has approved the Project's concept plan; and WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2D06; and WHEREAS, the District has granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project has commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has included $830,000 in its Capital Improvement Program as match funding for the Project as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011; and �/ N THE I EFORE, the parties hereto enter into this MOU effective as of this 13 day of 2011: 1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature of this MOU for match funding for the Project. 2, City agrees to provide the remaining funding for the Project and to complete the construction of the Project. 3, City agrees to commence construction of the Project before December 31, 2012 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 4. City agrees to complete the construction of the Center on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. In the event construction is not completed and no extension has been granted, 1 Duplicate Original the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 5. This MOU shall commence effective on the date set forth above and shall continue until the Project is constructed and litigation and claims, if any, are settled. 6. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Boards of Directors, Councils or Commissioners. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By SDUPD Docs No.481368 2 Karen` i. Weymann Director, Real Estate CITY OF NATIONAL CITY By Signature PRINT NAME: PRINT TITLE: fifilLYi RESOLUTION NO. 2011 —198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR PORT FUNDING IN THE AMOUNT OF $830,000 AS MATCHING FUNDS TO THE 2011 TAX ALLOCATION BONDS FOR THE NATIONAL CITY AQUATIC CENTER, AND RATIFYING THE ASSIGNMENT BY THE PORT AND THE ASSUMPTION BY THE CITY OF THE LEASE OF PROPERTY AT GOESNO PLACE IN NATIONAL CITY WHEREAS, in 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan; and WHEREAS, as a result of these activities, the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 Million National City Aquatic Center (the "Project"), intended to open up National City's waterfront for boating to all people regardless of their ability to pay; WHEREAS, on June 8, 2010, the San Diego Unified Port District (the "Port District") entered into a 30-year lease (the "Lease") with the Community Development Commission of the City of National City ("CDC") for property located at Goesno Place, to be utilized for the Aquatic Center; and WHEREAS, pursuant to the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011. Said Assignment and Assumption requires ratification by the City Council; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date, and the Building Permit for the Project was approved in August requiring construction to be underway within six months; and WHEREAS, on August 10, 2011, the Port District filed a Coastal Development Permit for construction of the National City Aquatic Center on Port lands within two years; and WHEREAS, the Port District has proposed a Memorandum of Understanding ("MOU") providing National City with the funding via a cash advance in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Assignment by the San Diego Unified Port District and the Assumption by the City of National City of the 30-year Lease of property at Goesno Place in National City. Resolution No. 2011 — 198 Page Two BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for Port funding in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. PASSED and ADOPTED this 6th day of September, 2011. on Morrison, Mayor ATTEST: MichaI R. Della, Cfty Clerk ROVED AS TO FORM: aG City Attom Passed and adopted by the Council of the City of National City, Califomia, on September 6, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California By: City CI k of the City of ational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-198 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement for Amendment No. 1 to the Lease between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center to revise the construction commencement deadline from December 31, 2012 to December 31, 2013 PREPARED BY: Stephen Manganiello, City Engineerr DEPARTMENT: Development Services/Engineering PHONE: 4382 APPROVED BY: EXPLANATION: The current Lease between the Port District and the City requires that construction of the Aquatic Center commence no later than December 31, 2012. Execution of this agreement will amend the Lease to provide for a one year extension of this deadline. If approved by City Council, Port staff will present the agreement to the Port Board of Commissioners on December 11, 2012 for approval. 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: 1. Agreement 2. Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AMENDMENT NO. 1 TO THE LEASE BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY TO REVISE THE CONSTRUCTION COMMENCEMENT DEADLINE FOR THE NATIONAL CITY AQUATIC CENTER FROM DECEMBER 31, 2012 TO DECEMBER 31, 2013 WHEREAS, on June 8, 2010, the San Diego Unified Port District (the "Port District") entered into a 30-year lease (the "Lease") with the Community Development Commission of the City of National City ("CDC") for property located at Goesno Place, to be utilized for the Aquatic Center; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date, and the Building Permit for the Project was approved in August requiring construction to be underway within six months; and WHEREAS, pursuant to the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011; and WHEREAS, the City and the Port desire to amend the Lease to extend the deadline for the commencement of construction of the National City Aquatic Center from December 31, 2012 to December 31, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement for Amendment of Lease, Amendment No. 1 between the City of National City and the San Diego Unified Port District to amend the construction commencement deadline for the National City Aquatic Center from December 31, 2012 to December 31, 2013. Said Agreement for Amendment of Lease, Amendment No. 1 is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of December, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney SAN DIEGO UNIFIED PORT DISTRICT AGREEMENT FOR AMENDMENT OF LEASE AMENDMENT NO. 1 THIS AGREEMENT, made and entered into this lath day of January 20 13, by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "Lessor," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Lessee," WITNESSETH: WHEREAS, Pursuant to the State of California Assembly BiII No. 26 (2011-2012 1st Ex. Sess) amending the Community Redevelopment Law of the Health and Safety Code Sections 34161 thru 34194.5, the Redevelopment Agency Community Development Commission of National City has been dissolved; and WHEREAS, Lessor and Lessee, on the 13th day of September, 2011, entered into a Memorandum of Understanding (MOU) regarding the National City Aquatic Center, which MOU is on file in the Office of the Clerk of Lessor bearing Document No. 58060; and WHEREAS, Lessor administratively approved, on the 8th day of July 2011, an assignment of the Lease from Community Development Commission of National City to the City of National City, which Assignment and Assumption Approval is on file in the Office of the Clerk of Lessor bearing Document No. 57887; and WHEREAS, Lessor and Lessee, on the 8th day of June, 2010, entered into a Lease of certain area in the City of National City, California, which Lease is on file in the Office of the Clerk of Lessor bearing Document No. 56735; and WHEREAS, Lessor and Lessee are mutually desirous of amending said Lease; NOW THEREFORE, for valuable consideration, said Lease is hereby amended in the following respects and no others, and except as expressly amended, all terms, covenants and conditions of said Lease shall remain in full force and effect: A. Said Lease is hereby amended by deleting the first paragraph in Paragraph 5 and replacing it as follows: 1 ORIGINAL 5. CONSTRUCTION OF IMPROVEMENTS: On or before December 31, 2013, Lessee shall provide evidence of financial capability and commence the construction of and diligently proceed to completion, a aquatic and recreation center, hereinafter "Project." The Project shall be substantially in accordance with plans and specifications, including but not limited to working drawings, hereinafter "Plans," previously approved in writing by Lessor, subject to changes thereto as may be approved by Lessor, in Lessor's sole discretion. Said Plans, and any approved changes thereto, are by this reference made a part hereof. Construction of the Project shall be completed by no later than December 31, 2016. Provided, however, the commencement and completion dates may be extended pursuant to Paragraph 5(e) herein. In the event of any inconsistency between the Plans and the terms and conditions of this Lease, the terms and conditions of this Lease shall prevail. All other provisions of Paragraph 5, subparagraphs (b) through (f) shall remain in accordance with the original Lease. (ABSTRACT OF LEASE AMENDMENT NO. 1 FOLLOWS) 2 ABSTRACT OF LEASE AMENDMENT NO. 1 B. ABSTRACT OF LEASE AMENDMENT NO. 1: This is the final Paragraph and Abstract of Lease Amendment No. 1 dated January 11, 2013 between SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, Lessor, and the CITY OF NATIONAL CITY, a municipal corporation, Lessee, concerning the Leased Premises described in Exhibits "A" and "B," attached hereto and by this reference made a part hereof. For good and adequate consideration, Lessor leases the Leased Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in Lease dated July 29, 2010 on file with the Office of the District Clerk as SDUPD Doc. No. 56735, as amended by this Lease Amendment No. 1, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease and said Lease Amendments, which are incorporated in this Abstract by this reference. The term is thirty (30) years, beginning January 1, 2011, and ending on December 31, 2040. This Abstract is not a complete summary of the Lease Amendment. Provisions in this Abstract shall not be used in interpreting the Lease Amendment provisions. In the event of conflict between this Abstract and other parts of the Lease Amendment, the other parts shall control. Execution hereof constitutes execution of the Lease Amendment itself. DATED: January 11 , 20 13 Port A ney SAN DIEGO UNIFIED PORT DISTRICT By �rr.Y/�x(/�� , By Karen J. Weymann Director, Real Estate DEPUTY PORT ATTORNEY APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia G. Silva Ron Morrison City Attorney Mayor SDUPD Doc. No. 549486 2 (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On before me, Notary Public, personally appeared 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 (Seal) Though the information below is not required by law. it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name o Individual o Corporate Officer--Title(s): o Partner -- o Limited n General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name n Individual n Corporate Officer —Title(s): ri Partner -- n Limited n General ❑ Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb hero (FOR USE BY CITY OF NATIONAL CITY) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On before me, Notary Public, personally appeared 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. 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) Though the information below is not required by law. it may prove valuable to person relying on the document and CAuld prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name ❑ Individual o Corporate Officer--Title(s): ❑ Partner-• ❑ Limited o General o Attorney in Fact ❑ Trustee o Guardian or Conservator ci Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name o Individual ❑ Corporate Officer —Title(s): a Partner -- n Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT Or SIGNER Top of thumb tiro Legal Description for CITY OF NATIONAL CITY AQUATIC CENTER ' TIDELAND LEASE Within Corporate Limits of National City All that certain portion of land conveyed to the San Diego Unified Port District by that certain Act of Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, and delineated as Parcel 1-A on that certain Miscellaneous Map No. 564, filed in the Office of the San Diego County Recorder on May 28, 1976, File No. 76-164686, in the City of San Diego, County of San Diego, State of California, and more particularly described as follows: Commencing at a 3" diameter brass disk monument stamped "SDUPD-020" as shown on Record of Survey Map No. 16668, filed in the office of the San Diego County Recorder on July 25, 2000; thence along a tie -line South 70°38'59" East a distance of 383.59 feet (calculated) to the TRUE POINT OF BEGINNING; thence North 72°06'01" East a distance of 87,30 feet; thence South 17°53'59" East a distance of 1.30 feet; thence North 72°06'01" East a distance of 13.57 feet; thence South 17°53'59" East a distance of 1.85 feet; thence North 72°06'01" East a distance of 10.00 feet; thence North 26°24'43" West a distance of 5.10 feet; thence North 33°14'07" East a distance of 0.85 feet; thence South 87°07'50" East a distance of 2.36 feet to the beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial bears North 83°11'22" West; thence northeasterly along the arc of said curve through a central angle ,of 117°19'21" an arc distance of 44.23 feet to the beginning of a 37.30 foot radius compound curve, concave southwesterly; thence southeasterly along the arc of said curve through a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26°43'14" East a distance of 4.08 feet;. thence North 87°07'02" West a distance of 4.57 feet; thence South 17°53'59" East a distance of 8.50 feet; thence North 72°06'01" East a distance of 3.80 feet; thence South 17°53'59" East a distance of 4.20 feet; thence South 72°06'01" West a distance of 3.80 feet; thence South 17°53'59" East a distance of 24.73 feel; thence South 84°22'14" West a distance of 7.50 feet; thence South 60°33'14" West a distance of 41.02 feet; thence South 83°38'48" West a distance of 23.01 feet; thence South 60°33'14" West a distance of 23.01 feet; thence South 83°38'48" West a distance of 22.89 feet; thence South 60°33'14" West a distance of 22.85 feet; thence North 33°22153" West a distance of 60.00 feet to the TRUE POINT OF BEGINNING, containing 8,412 square feet or 0.19 acre of tidelands area. The above described land area is delineated on the San Diego Unified Port District Drawing No. 028-025, dated September 12, 2008 and made a part of this agreement. All bearings and distances in the above legal description are grid, and based upon the California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35. Z`-08 Charles J.efk$w Date L.S.'7876 Expires 31 Dec. 2008 Land Surveyor San Diego Unified Port District EXHIBIT "A" 527-001 20' WATER ESMT. 5TI G SE ER LINE 3" DIA. BRASS DISK MON. STAMPED "SDUPD-020" AS SHOWN ON R.O.S. 16668: N 1 RAMP BOAT LAUNCH FACILITY i S60'33'14"W 22.85' 528-001 EASEMENT LIMIT LANE OF COUNTY OF SAN DIEGO (DOC. NO. 17271 FILED AUG. 30, 1984) NOTES: 1. LEASE AREA SHOWN SHADED. 2.. BEARINGS AND DISTANCES ARE GRID AND BASED UPON THE CALIFORNIA EOORDINATE SYSTEM ZONE 6, NAD 83, POCH 1991.35. DETAIL (SEE SHEET 2 OF 2) S60'33' 14"W 41.02' SWEETWATER RIVER CHANNEL LIMIT PER CALTRANS RIGHT OF WAY 1'' MAP NO. 49503 ' DATED DEC. 1983 528-003 SDG&E EASEMENT 028-010 028-010 \ MARINA GROUP, PIER 32 PIER 1 MARINA GROUP.�1 PARCELLLC NO.2 LLC. `PARCEL NO.1 S83'38'48"W 2301' S60'33'14"W 23.01' S83'38'48"W 22.89' 205 00' TO OF SWEETWATER DATA TABLE RIVER CHANNEL 11, 0 1 S70'38'59"E-383.59' CALC. GRAPHIC SCALE ( ) 0 10' 20' 40' 20 N33'22'53"W-60.00' 0 N72'06'01 "E-87.30' 1" = 40' DRAyN.pAg� N VAOUEZ giEOKED,1 L' I✓47ZW/4. REVIEWED- Nianftfo-t. SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT "B" DATE SEPT. 12. 2008 SCALE 1 "=40' REF. 028-010 DRAWING NO. SHEET 10F 2 028-025 DEVSERV\REMI\E28\028-025\028-025-091208dwg. t 7g 206) 7 N72'06'01 "E 87.30' N33' 14'07'E 0.85' N26'24'43"W %EASEMENT LIMIT LINE 0 FILED AUG. 30, 1984) GRAPHIC SCALE 0 5' 10' 15' = 15' 028-010. PIER 32 MARINA GROUP, LLC. PARCEL NO. 1 .=11719'21" L=44.23' R=21.60' DETAIL SCALE: 1"=15' 028-010 \ PARCEL NO. 2 i=29'08'47" L=18.98' R=37.30' i N8707'02"W \ 4.57' S25'43'14 E` 4.08' N72'06.01 "E 3.80' DRAWN DARWIN VASOUF7 cHEC1ODD,{.sm/raVfc- REVIEWEC14'!244 W APPRQyED 80#, scutzed LAND SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE UMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER DATE SEPT. 12. 2008 SCALE 1"=15' REF 028-010 DRAWING N0. SHEET ZOF _2 028-025 EXHIBIT "B" EMI \E028\028-025\028-025 -091 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 15 ITEM TITLE: Public Hearing — Proposed Street Vacation of the easterly fifteen feet of G Avenue adjacent to 700 East 24th Street for a potential new Social Security Office. (Applicant: Imperial Group) (Case File No. 2012-07 SC) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PI PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The City Council initiated the vacation request on April 17, 2012 to vacate a portion of G Avenue running between the Royal Apartments and Skate San Diego. The Planning Commission determined that the vacation is consistent with the General Plan on October 1, 2012. The attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the street vacation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — DeLaPaz, Baca, Alvarado, Pruitt, Flores Absent: Farias, Reynolds ATTACHMENTS: 1. Background Report 3. Location Map 2. Recommended Finding 4. Plans BACKGROUND REPORT The proposed street vacation is in conjunction with a potential remodel and expansion of the former Skate San Diego Building located on East 24th Street, west of Highland Avenue. The site is being looked at as the site of a new Social Security Office. G Avenue runs south from 24th Street between the subject building and an apartment complex (Royal Apartments) to the west. The existing portion of G Avenue is half of the original width, with all but 10 feet of the other half having been vacated some time ago and becoming part of the apartment property. The area of G Avenue in this location is approximately 565 feet long and between 30 and 40 feet wide. The southerly 225 feet of G Avenue is occupied by part of the Olivewood School campus. The northerly 340 feet, adjacent to project area, has not been used as a public street for some time, functioning mostly as access to the apartment complex parking lot and for overflow parking for visitors or Skate San Diego patrons. The apartment driveway is paved, whereas the overflow parking area is not. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on April 17, 2012. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is in conformance with the General Plan and forward the recommendation to the City Council. Proposal The area proposed to be vacated is the northerly 340 feet of G Avenue directly off of 24th Street. The vacation area would be 15 feet wide. The remaining 15 and 10 feet adjacent to the apartments (for a total of 25 feet) and the southerly 225 feet on Olivewood's campus would remain. The reason for the vacation is to allow extra space for parking spaces for the planned use. The area proposed to be vacated is owned in fee by the City. Concept plans show a landscape buffer between the existing building and the apartment access driveway. The west side of the building would also accommodate an employee entrance. Access to the apartments and their parking area would be maintained through the remaining 25-foot wide portion of G Avenue, which would provide both the requisite 24 feet of back up space for apartment parking space and minimum 20-foot emergency access driveway. General Plan Conformance The portion of G Avenue to be vacated is only partially developed and is not identified as an arterial or collector street in the Circulation Element of the General Plan. There are no policies or goals in the current General Plan that the proposed vacation conflicts with. Potential use of for the property would provide an important community service and help to make the property more efficient. This is consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: P1 • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. Planning reviewed the street vacation at a hearing on October 1, 2012 for conformance with the General Plan. The Commission determined that the Street Vacation as described on the attached plans was in compliance with the National City General Plan, since the portion of G Avenue to be vacated is only partially developed and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access is to be maintained. Summary The General Plan Circulation Element does not identify the area as a major road (arterial or collector), and there are no plans to improve the excess right-of-way. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, all resident and emergency access will be maintained with relation to the Royal Apartments. The applicant would be required to lease or purchase the vacated portion of G Avenue prior to developing any portion as part of any construction or grading activities. P2 RECOMMENDED FINDING FOR APPROVAL OF THE STREET VACATION 1. That the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since the proposed project would provide an important community service and help to make the property more efficient, and since all resident and emergency access will be maintained with relation to the Royal Apartments. RM=3 \23��\ )+ MXC-2 o- S. Z4p1 .-' 2g00 0 o- r Proposed Vacation. — Zone Boundary e 1 1 I !Feet 0 62.5 125 250 APN: n!a (right-of-way) Planning Commission Location Map 2012-07Su 4 fgP , w S• z / _11 ./ FLAG POLE . ELEC POL •--(5) ESE SERVED—� PARKING REQUIREMENTS FIRST 5,000SF 1:20414F 25 SPACES 5,000- 10,0003F 1:250SF 20 SPACES 10,000 - 20,000SF 1:300SF 2,540 GSFI300 = 8 SPACES TOTAL REQUIRED PARKING 53 SPACES TOTAL PARKING PROVIDED 58 SPACES ZONING MXC-1 HEIGHT LIMIT 50' 814ri64 Wf6 GENERAL INFORMATION: PROJECT DESCRIPTION 12,540 GSF OFFICE BUILDING EXISTING BUILDING RENOVATION 22,000SF REMODELED TO 12540SP - PROVIDE ADDITIONAL PARKING EXTEND PARKING INTO G AVENUE PROJECT LOCATION: 700 EAST 24TH STREET NATIONAL CITY, CALIFORNIA EXISTING PARCEL NUMBER 562-072-01-00 OFFICE BUILDING 12,540 GSF LL J, . OYES • • • . �_. ...._ :.. 1 _._ ENTRY '® ®'! ----`--- -f- €-. `�i / ADJACENT APARTMLNT NEW VERTICAL CU I £rVI£TII ( 4PAR4MEAir PA'KING I I i m/XC-1 f site ola 1N- PRELIMINARY NOT FOR CONSTRUCTION 09.27.2012 SSA NATIONAL CITY CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 16 ITEM TITLE: An Ordinance of the City Council of the City of National City Establishing the Compensation of the Mayor and the City Council PREPARED BY: Claudia Gacitua Silva PHONE: EXPLANATION: Ext. 4222 Please see attached memorandum. DEPARTMENT: CIJ ttorney APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City rescinding the moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing establishments in National City, to wit: Ordinance No. 2012-2374 PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: Ext. 4222 EXPLANATION: APPROVED BY: On August 2, 2011, the City adopted an interim ordinance pursuant to Government Code section 65858 for a 45-day moratorium prohibiting the issuance of conditional use permits for new pawnbroker, secondhand and precious metal dealing establishments. The moratorium was extended on September 6, 2011, for an additional 10 months and 15 days. On July 17, 2012, Ordinance 2012-2374 extended the moratorium for an additional year, expiring July 31, 2013. At the July 17, 2012 meeting, Council stated that the moratorium could potentially be lifted sooner if appropriate amendments could be made to the Land Use Code. Ordinance 2012-2377, adopted October 30, 2012, amended Municipal Code Chapter 18.30.320 (Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals) to include those changes to the Land Use Code to address the public health, safety, and welfare concerns raised by the City Council. The amended Chapter 18.30.320 is in affect as of November 30, 2012, therefore, it is appropriate to rescind Ordinance No. 2012-2374, which extended the moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments to July 31, 2013. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Proposed ordinance ORDINANCE NO. 2012 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING THE MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND, AND PRECIOUS METAL DEALING ESTABLISHMENTS IN NATIONAL CITY, TO WIT: ORDINANCE NO. 2012-2374 WHEREAS, On August 2, 2011, the City adopted an interim ordinance pursuant to Government Code section 65858 for a 45-day moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments; and WHEREAS, the moratorium was extended on September 6, 2011, for an additional 10 months and 15 days, and then for an additional year on July 17, 2012, and is set to expire July 31, 2013; and WHEREAS, Ordinance 2012-2377, adopted October 30, 2012, amended Municipal Code Chapter 18.30.320 (Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals) to include changes to the Land Use Code to address the public health, safety, and welfare concerns raised by the City Council; and WHEREAS, Chapter 18.30.320, as amended October 30, 2012, is in affect as of November 30, 2012, therefore, it is appropriate to rescind Ordinance No. 2012-2374, which extended the moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments to July 31, 2013. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Ordinance No. 2012-2374, adopted on July 17, 2012, which extended the moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing establishments in National City, is hereby rescinded. PASSED and ADOPTED this 4th day of December, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 18 ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 11, Chapter 11.16, Section 11.16.010 — Speed Zones Designated, of the National City Municipal Code establishing speed limits on various streets based on certified Engineering and Traffic Surveys PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NA ENVIRONMENTAL REVIEW: NA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Ordinance BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Speed Survey Summary and Recommendations 3. Ordinance Explanation Section 40802(b) and 22357 of the State of California Vehicle Code permit local authorities to establish speed limits greater than the prima facie speed limit of 25 miles per hour (MPH) when, on the basis of an engineering and traffic survey, the local authority determines that a speed greater than 25 MPH would facilitate the orderly movement of vehicular traffic and would be reasonable and safe. In order for National City Police Department officers to conduct radar speed enforcement, engineering and traffic surveys must be performed every seven years in accordance with Section 627 of the State of California Vehicle Code and Chapter 2B of the California Department of Transportation Manual on Uniform Traffic Control Devices. In addition, officers must have successfully completed a radar operator course of not less than 24 hours, approved and certified by the Commission on Peace Officer Standards and Training, and the radar, laser or other electronic device used to measure vehicle speeds must be properly calibrated and meet or exceed the minimal operational standards of the National Traffic Highway Safety Administration. Through the City's "On -Call" Engineering contract, Kimley-Horn and Associates, Inc. completed engineering and traffic surveys for 140 individual roadway segments throughout National City. The roadway segments selected were confirmed with the National City Police Department prior to conducting the surveys and represent all of the Arterial and Collector roadways identified in the National City General Plan Circulation Element. The engineering and traffic surveys were conducted in accordance with Section 627 of the State of California Vehicle Code and Chapter 2B of the California Department of Transportation Manual on Uniform Traffic Control Devices. Attached is a summary of the speed survey results and recommendations. All of the engineering and traffic surveys with back-up data are on file in the Office of the City Engineer. Staff supports the findings and recommendations of the engineering and traffic surveys. The attached ordinance would amend Title 11, Chapter 11.16, Section 11.16.010 — Speed Zones Designated, of the National City Municipal Code, to establish speed limits and allow for the use of radar speed enforcement for 140 roadway segments throughout National City based on the findings and recommendations of the engineering and traffic surveys. Staff recommendation is to adopt the ordinance. Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehide Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 1 Harbor Drive North city limit to 8th Street 45 46 37-46 17,097 0.94 45 85th percentile speed 2 Harbor Drive 8th Street to Civic Center Drive 45 42 34-43 15,832 2.111 40 85th percentile speed 3 Tidelands Avenue Civic Center Drive to 19th Street 30N/40S 37 28-37 2,058 2.188 35 85th percentile speed 4 Tidelands Avenue 19th Street to Bay Marina Drive 35 36 26-35 1,998 4.255 35 85th percentile speed 5 Tidelands Avenue Bay Marina Drive to 32nd Street 35 38 25-34 2,147 2.681 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 6 Marina Way Bay Marina Drive to 32nd Street Not Posted (25)/15 Advisory 27 15-24 980 3.689 25 85th percentile speed and speed humps 7 Cleveland Avenue Civic Center Drive to 19th Street 35 33 24-33 3,999 3.044 35 85th percentile speed 8 Cleveland Avenue 19th Street to Bay Marina Drive 35 37 28-37 3,517 0.83 35 85th percentile speed 9 Wilson Avenue Civic Center Drive to 18th Street 35 34 24-33 2,909 5.043 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments b10 Wilson Avenue 18th Street to 22nd Street 35 32 22-31 2,367 4.593 30 85th percentile speed 11 Wilson Avenue 22nd Street to Mile of Cars Way Not Posted (25) 22 41264 3,410 10.07 25 85th percentile speed 12 Hoover Avenue 8th Street to Plaza Boulevard Not Posted (30) 29 18-27 2,130 24.056 30 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)' Justification and Recommendation 13 Hoover Avenue 22nd Street to Mile of Cars Way 30 32 23-32 2,730 12.112 30 85th percentile speed 14 Hoover Avenue Miles of Cars Way to 30th Street 35 38 29-38 4,359 4.07 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 15 Hoover Avenue 30th Street to 33rd Street 35 33 24-33 2,023 2.064 35 85th percentile speed 16 Roosevelt Avenue Division Street to 4th Street 35 37 28-37 4,917 2.443 35 85th percentile speed 17 Roosevelt Avenue 4th Street to 8th Street 35 34 26-35 6,023 6.663 35 85th percentile speed 18 Roosevelt Avenue 8th Street to Plaza Boulevard 30 25 17-26 4,800 9.125 25 85th percentile speed 19 Roosevelt Avenue Plaza Boulevard to Civic Center Drive 30 27 18-27 2,818 8.621 25 85th percentile speed b20 Roosevelt Avenue Civic Center Drive to 16th Street Not Posted (30) 31 22-31 2,513 3.88 30 85th percentile speed 21 West Avenue 16th Street to 18th Street 25 34 26-35 2,033 0 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 22 National City Boulevard Division Street to 4th Street 30/35 32 21-30 14,375 3.036 30 85th percentile speed 23 National City Boulevard 4th Street to 8th Street 35 32 21-30 11,971 5.798 30 85th percentile speed 24 National City Boulevard 8th Street to Plaza. Boulevard Not Posted (35) 29 20-29 13,803 4.247 30 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 25 National City Boulevard Plaza Boulevard to Civic Center Drive 35 29 19-28 10,538 5.981 30 85th percentile speed 26 National City Boulevard Civic Center Drive to 16th Street 35 33 24-33 14,356 3.74 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 27 National City Boulevard 16th Street to 18th Street 35 30 20-29 12,720 6.321 30 85th percentile speed 28 National City Boulevard 18th Street to 24th Street 35 35 25-34 13,860 2.632 35 85th percentile speed b29 National City Boulevard 24th Street to 30th Street 35 35 25-34 16,187 2.354 35 85th percentile speed 30 National City Boulevard 30th Street to south city limit Not Posted (35) 38 25-34 18,462 1.315 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 31 D Avenue Division Street to 4th Street 30 27 18-27 3,942 5.567 25 85th percentile speed 32 D Avenue 4th Street to 8th Street 30 27 18-27 5,940 9.212 25 85th percentile speed 33 0 Avenue 8th Street to Plaza Boulevard Not Posted (30) 24 15-24 7,501 12.625 25 85th percentile speed 34 D Avenue Plaza Boulevard to 16th Street 30/25 School 31 23-32 7,174 6.099 30 85th percentile speed 35 D Avenue 16th Street to 18th Street Not Posted (30) 28 22-31 8,116 5.417 30 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph} 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehide Mlles (ACC/ MVM} Recommended Speed Limit (mph)" Justification and Recommendation 36 DAvenue 18th Street to 24th Street 35/25 School 33 25-34 5,292 10.106 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 37 D Avenue 24th Street to 30th Street 35/25 School 30 22-31 4,449 7.659 30 85th percentile speed b38 Highland Avenue North city limit to Division Street 30 37 28-37 15,489 2.105 35 85th percentile speed 39 Highland Avenue Division Street to 4th Street 30 38 30-39 12,990 8.485 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 40 Highland Avenue 4th Street to 8th Street 35 NB /30 SB 38 30-39 14,207 11.507 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 41 Highland Avenue 8th Street to Plaza Boulevard 35 38 29-38 19,141 14.546 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 42 Highland Avenue Plaza Boulevard to 16th Street 35 38 30-39 18,289 6.769 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 43 Highland Avenue 16th Street to 18th Street 35 37 29-38 19,601 6.706 35 85th percentile speed 44 Highland Avenue 18th Street to 24th Street 35 38 29-38 17,662 6.469 35 Speed limit downgraded from 85th percentile speed due to 10 mph 45 Highland Avenue 24th Street to 30th Street 35/25 School 38 29-38 20,119 6.526 35 pace Speed limit downgraded from 85th percentile speed due to 10 mph pace and adjacent to school Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation b46 Highland Avenue 30th Street to south city limit 35 37 28-37 28,243 2.545 35 85th percentile speed 47 L Avenue 8th Street to Plaza Boulevard Not Posted (30) 29 21-30 3,195 19.476 30 85th percentile speed 48 LAvenue 16th Street to 18th Street 30 25 18-27 3,623 14.156 25 85th percentile speed 49 LAvenue 18th Street to 24th Street 35N/305 28 20-29 4,870 1998 25 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 50 L Avenue 24th Street to 30th Street Not Posted (25) 27 17-26 3,911 2.449 25 85th percentile speed 51 Palm Avenue 1-805 to Division Street 40 37 29-38 22,146 2.118 35 85th percentile speed 52 Palm Avenue Division Street to 4th Street 35/ 25 School 34 25-34 10,227 4.481 35 85th percentile speed 53 Palm Avenue 4th Street to 8th Street 35 37 28-37 8,302 5.274 35 85th percentile speed 54 Palm Avenue 8th Street to Plaza Boulevard 35 34 25-34 10,515 5.296 35 85th percentile speed b55 Palm Avenue Plaza Boulevard to 16th Street 35 33 24-33 8,187 6.533 35 85th percentile speed 56 Palm Avenue 16th Street to 18th Street 35 31 20-29 5,945 18.33 35 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments Speed Survey Summary and Recommendations Location Number 57 Location Name Newell Street Limits 18th Street to Prospect Street Existing 85th Speed Percentile Limit Speed (mph) (mph) 35/25 School 38 30 mph pace 25-34 Accidents per Million Average vehicle Daily Miles Traffic (ACC/ (ADT) MVM) 58 59 Grove Street Euclid Avenue Prospect Street to Sweetwater Road North city limit to Division Street 25 35 35 37 26-35 29-38 60 61 Euclid Avenue Euclid Avenue Division Street to 4th Street b62 63 64 Euclid Avenue Euclid Avenue Euclid Avenue 4th Street to 8th Street 8th Street to Plaza Boulevard Plaza Boulevard to 16th Street 16th Street to 18th Street 35 35 38 38 30-39 31-40 2,096 1,915 10,655 10,825 12,421 3.27 1.127 Recommended Speed Limit (mph)` 35 30 Justification and Recommendation Speed limit downgraded from 85th percentile speed due to adjacent school and heavy pedestrian activity Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 2.756 5.785 5.894 35 35 35 35 35 35 33 34 35 65 66 Euclid Avenue Euclid Avenue 18th Street to 24th Street 24th Street to Sweetwater Road 35/25 School 45/25 School 37 37 22-31 27-36 27-36 29-38 29-38 15,079 9,639 11,186 9,187 9,705 3.956 2.629 2.583 2.387 1.596 35 35 35 35 35 85th percentile speed Speed limit downgraded from 85th percentile speed due to 10 mph pace Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 85th percentile speed 85th percentile speed 85th percentile speed 85th percentile speed 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit .. (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Acddents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)" Justification and Recommendation 67 Harbison Avenue Division Street to 4th Street 30 37 28-37 3,766 1.966 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 68 Harbison Avenue 4th Street to 8th Street 30 36 26-35 7,426 0.496 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 69 Harbison Avenue 8th Street to Plaza Boulevard Not Posted (30) 38 29-38 7,803 7.398 35 Speed limit downgraded from 85th percentile speed due to adjacent segments b70 Harbison Avenue Plaza Boulevard to 16th Street 35 40 29-38 8,122 3.582 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 71 Plaza Bonita Road Sweetwater Road to Bonita Mesa Road 40 43 33-42 5,398 3.793 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace 72 Plaza Bonita Center Way SR-54 to Sweetwater Road 45 35 26-35 17,274 1.581 35 85th percentile speed 73 Division Street National City Boulevard to D Avenue 30 36 29-38 11,850 3.339 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 74 Division Street D Avenue to Highland Avenue 30 29 20-29 11,647 3.928 30 85th percentile speed 75 Division Street Highland Avenue to Palm Avenue 35/25 School 40 32-41 10,466 3.86 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Acddents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph). Justification and Recommendation 76 Division Street Palm Avenue to Euclid Avenue 35/25 School 38 29-38 17,370 1.631 35 Speed limit downgraded from 85th percentile speed due to adjacent school 77 Division Street Euclid Avenue to Harbison Avenue 35 42 31-40 12,780 2.561 40 85th percentile speed b78 Main Street 1-5 to National City Boulevard 35 33 25-34 24,561 2.101 35 85th percentile 79 4th Street National City Boulevard to D Avenue 35 33 24-33 3,924 7.373 35 speed BSth 80 4th Street D Avenue to Highland Avenue 35 37 27-36 6,237 11.104 35 percentile speed 85th percentile speed 81 4th Street Highland Avenue to Palm Avenue 35 33 25-34 7,371 5.679 35 85th percentile speed 82 4th Street Palm Avenue to Euclid Avenue 35/25 School 36 27-36 7,266 5.478 35 85th 83 4th Street Euclid Avenue to Harbison Avenue 35/25 School 37 26-35 5,862 4.616 35 percentile speed 85th percentile speed 84 8th Street Harbor Drive to 1-5 35 35 26-35 14,841 3.128 35 85th percentile speed 85 8th Street 1-5 to National City Boulevard 35 EB/ 40 WB 34 21-30 23,642 2.74 35 85th 86 8th Street National City Boulevard to 0 Avenue 35 33 22-31 18,611 5.819 percentile speed 30 Speed limit downgraded from 85th percentile speed due to 10 mph pace 87 8th Street D Avenue to Highland Avenue 35/25 School 32 24-33 17,408 9.023 30 85th percentile speed 8th Street Highland Avenue to Palm Avenue 40 37 29-38 16,146 4.168 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)" Justification and Recommendation b89 8th Street Palm Avenue to Euclid Avenue 35 39 30-39 15,410 2.121 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 90 8th Street Euclid Avenue to Harbison Avenue 35/25 School 41 32-41 14,509 2.579 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments, senior housing, church, and hospital 91 8th Street Harbison Avenue to Plaza Boulevard Not Posted (35)/25 School 40 30-39 13,367 3.233 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace and adjacent school 92 Plaza Boulevard Coolidge Avenue to Hoover Avenue 35 33 25-34 3,766 19.54 30 Speed limit downgraded from 85th percentile speed due to 10 mph pace 93 Plaza Boulevard Hoover Avenue to National City Boulevard Not Posted (35) 25 16-25 4,108 14.058 30 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments 94 Plaza Boulevard National City Boulevard to D Avenue 35 34 26-35 8,618 4.601 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments b95 Plaza Boulevard D Avenue to Highland Avenue Not Posted (35)/25 School 32 23-32 10,259 10.317 30 85th percentile speed 96 Plaza Boulevard Highland Avenue to Palm Avenue 35 33 20-29 19,494 3.526 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 97 Plaza Boulevard Palm Avenue to 1-805 35 35 26-35 29,968 2.616 35 85th percentile speed 98 1-805 to Euclid Avenue 35 31 22-31 29,866 1.6 35 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments Plaza Boulevard 99 Plaza Boulevard Euclid Avenue to school Xing Not Posted (35)/25 School 32 23-32 22,263 7.475 30 8 85th percentile speed 100 Plaza Boulevard School Xing to Harbison Avenue Not Posted (35)/25 School 32 24-33 21,281 2.019 30 86th percentile speed 101 Plaza Boulevard Harbison Avenue to 8th Street 40 35 26-35 17,470 4.158 35 85th percentile speed 102 Paradise Valley Road 8th Street to Plaza Entrada 40 43 34-43 23,916 1.812 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace 103 Civic Center Drive Harbor Drive to Wilson Avenue 30 29 20-29 5,956 8.449 30 85th percentile speed d104 Civic Center Drive Wilson Avenue to National City Boulevard 30 31 22-31 6,796 3.842 30 85th percentile speed 105 16th Street Wilson Avenue to National City Boulevard 30 25 16-25 1,992 11.676 25 85th percentile speed 106 16th Street National City Boulevard to D Avenue 35/25 School 35 26-35 4,950 10.952 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehide Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 107 16th Street D Avenue to Highland Avenue 35/25 School 33 24-33 6,989 8.841 35 8Sth percentile speed 108 16th Street Highland Avenue to Palm Avenue 35 34 25-34 7,716 3.776 35 85th percentile speed 109 16th Street Palm Avenue to Euclid Avenue 35 38 27-36 5,938 3.894 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 110 16th Street Euclid Avenue to Harbison Avenue 35/25 School 33 24-33 7,553 3.804 35 85th percentile speed 111 18th Street Wilson Avenue to National City Boulevard 30/25 School 32 24-33 4,251 6.144 30 8Sth percentile speed 112 18th Street National City Boulevard to D Avenue 35/25 School 35 26-35 6,768 5.333 35 85th percentile speed 0113 18th Street D Avenue to Highland Avenue 35/25 School 37 30-39 7,859 6.025 35 85th percentile speed 114 18th Street Highland Avenue to Palm Avenue 35 38 29-38 9,102 5.999 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 115 18th Street Palm Avenue to Newell Street 35/25 School 38 31-40 10,949 4.836 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 116 18th Street Newell Street to Euclid Avenue 35/25 School 36 27-36 5,508 6.885 35 85th percentile speed 117 18th Street Euclid Avenue to Rachael Avenue 35/25 School 37 28-37 6,724 2.183 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 118 19th Street Tidelands Avenue to Cleveland Avenue 35 28 18-27 2,631 1.442 30 85th 119 22nd Street Wilson Avenue to Hoover Avenue 30 32 24-33 2,903 1.757 percentile speed 30 85th percentile speed 120 22nd Street Hoover Avenue to National City Boulevard 30 28 18-27 1,945 14.11 30 85th percentile speed 121 Bay Marina Drive Tidelands Avenue to Marina Way 35 37 29-38 5,695 2.616 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments W22 Bay Marina Drive Marina Way to I-5 Not Posted (25) 26 15-24 10,914 0.423 30 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments 123 Mile of Cars Way 1-5 to Hoover Avenue 35 36 27-36 21,540 2.067 35 85th percentile speed 124 Mile of Cars Way Hoover Avenue to National City Boulevard 35 40 29-38 15,337 4.728 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 125 24th Street National City Boulevard to D Avenue 35 39 30-39 9,696 6.331 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 126 24th Street D Avenue to Highland Avenue 35/25 School 36 29-38 9,502 15.679 35 85th percentile speed 127 24th Street Highland Avenue to L Avenue 35 37 29-38 4,417 25.599 35 85th percentile speed 128 30th Street Hoover Avenue to National Gty Boulevard 35 35 23-32 3,447 5.477 30 Speed limit downgraded from 85th percentile speed due to 10 mph pace Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph} to mph pace Average Daily Traffic (ADT) 129 -130 30th Street 30th Street National City Boulevard to D Avenue D Avenue to Highland Avenue 35/25 School 35 37 32 28-37 23-32 131 30th Street Highland Avenue to L Avenue 40/25 School 36 27-36 132 133 30th Street Sweetwater Road L Avenue to 2nd Avenue 2nd Avenue to I- 805/Euclid Avenue 40 40 36 38 27-36 28-37 134 Sweetwater Road I-805/Eudid Avenue to Valley Road 45EB/ 40WB 45 34-43 4,886 8,024 18,165 20,247 20,647 135 Sweetwater Road Valley Road to Plaza Bonita Road 45 44 34-43 136 Sweetwater Road Plaza Bonita Road to Calmoor Street 45 48 37-46 137 Sweetwater Road -138 32nd Street Calmoor Street to Plaza Bonita Center Way Tidelands Avenun to Marina Way 139 33rd Street Hoover Avenue to National City Boulevard 45 39 30-39 22,016 16,027 18,295 17,723 30 27 19-28 500 30 34 24-33 1,764 Accidents per Million vehicle Miles (ACC/ MM) Recommended Speed Limit (mph)* Justification and Recommendation 3.682 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 7.244 30 85th percentile speed 3.424 35 85th percentile speed 1.871 35 85th 3.042 35 percentile speed Speed limit downgraded from 85th percentile speed due to 10 mph pace 1.773 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace 0.941 45 85th percentile speed 1.076 45 Speed limit downgraded from 85th percentile speed due to 10 mph pace 0.644 45 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments 11.355 25 85th 10.795 35 percentile speed 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing 85th Speed Percentile Limit Speed (mph) (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendatine Sweetwater Road to 140 Valley Road Calle Abaja 35 • Recommended Speed limit highlighted In "bold" represent a change from Existing Speed Limit 44 34-43 7,280 1.133 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace ORDINANCE NO. 2012 — 2378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11, SECTION 11.16.010 — SPEED ZONES DESIGNATED, OF THE NATIONAL CITY MUNICIPAL CODE ESTABLISHING SPEED LIMITS ON VARIOUS STREETS BASED ON CERTIFIED ENGINEERING AND TRAFFIC SURVEYS WHEREAS, Sections 40802(b) and 22357 of the California Vehicle Code permit local authorities to establish speed limits greater than the prima facie speed limit of 25 miles per hour (MPH) when, on the basis of an engineering and traffic survey, the local authority determines that a speed greater than 25 MPH would facilitate the orderly movement of vehicular traffic and would be reasonable and safe; and WHEREAS, recently, the City conducted engineering and traffic surveys in accordance with Section 627 of the California Vehicle Code and Chapter 2B of the California Department of Transportation Manual on Uniform Traffic Control Devices, and so desires to establish speed limits greater than 25 MPH. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California, that Section 11.16.010 (Speed Zones Designated) of the National City Municipal Code is hereby amended to read as follows: 11.16.010 Speed Zones Designated. A. Pursuant to Sections 40802(b) and 22357 of the State of California Vehicle Code, the City Council, on the basis of engineering and traffic surveys, does hereby find and determine that a speed greater than 25 MPH would facilitate the orderly movement of vehicular traffic, and would be reasonable and safe on the following portions of streets within the City. B. Twenty-five miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Marina Way from Bay Marina Drive to 32nd Street 2. Wilson Avenue from 22nd Street to Mile of Cars Way 3. Roosevelt Avenue from 8th Street to Plaza Boulevard 4. Roosevelt Avenue from Plaza Boulevard to Civic Center Drive 5. D Avenue from Division Street to 4th Street 6. D Avenue from 4th Street to 8th Street 7. D Avenue from 8th Street to Plaza Boulevard 8. L Avenue from 16th Street to 18th Street 9. L Avenue from 18th Street to 24th Street 10. L Avenue from 24th Street to 30th Street 11. 16th Street from Wilson Avenue to National City Boulevard 12. 32nd Street from Tidelands Avenue to Marina Way C. Thirty miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Wilson Avenue from Civic Center Drive to 18th Street 2. Wilson Avenue from 18th Street to 22nd Street /6 3. Hoover Avenue from 8th Street to Plaza Boulevard 4. Hoover Avenue from 22nd Street to Mile of Cars Way 5. Roosevelt Avenue from Civic Center Drive to 16th Street 6. West Avenue from 16th Street to 18th Street 7. National City Boulevard from Division Street to 4th Street 8. National City Boulevard from 4th Street to 8th Street 9. National City Boulevard from 8th Street to Plaza Boulevard 10. National City Boulevard from Plaza Boulevard to Civic Center Drive 11. National City Boulevard from Civic Center Drive to 16th Street 12. National City Boulevard from 16th Street to 18th Street 13. D Avenue from Plaza Boulevard to 16" Street 14. D Avenue from 16th Street to 18th Street 15. D Avenue from 18th Street to 24th Street 16. D Avenue from 24th Street to 30th Street 17. L Avenue from 8th Street to Plaza Boulevard 18. Grove Street from Prospect Street to Sweetwater Road 19. Harbison Avenue from Division Street to 4th Street 20. Harbison Avenue from 4th Street to 8th Street 21. Division Street from National City Boulevard to D Avenue 22. Division Street from D Avenue to Highland Avenue 23. 8th Street from National City Boulevard to D Avenue 24. 8th Street from D Avenue to Highland Avenue 25. Plaza Boulevard from Coolidge Avenue to Hoover Avenue 26. Plaza Boulevard from Hoover Avenue to National City Boulevard 27. Plaza Boulevard from National City Boulevard to D Avenue 28. Plaza Boulevard from D Avenue to Highland Avenue 29. Plaza Boulevard from Euclid Avenue to School Xing 30. Plaza Boulevard from School Xing to Harbison Avenue 31. Civic Center Drive from Harbor Drive to Wilson Avenue 32. Civic Center Drive from Wilson Avenue to National City Boulevard 33. 18th Street from Wilson Avenue to National City Boulevard 34. 19th Street from Tidelands Avenue to Cleveland Avenue 35. 22"d Street from Wilson Avenue to Hoover Avenue 36. 221d Street from Hoover Avenue to National City Boulevard 37. Bay Marina Drive from Tidelands Avenue to Marina Way 38. Bay Marina Drive from Marina Way to 1-5 39. 30th Street from Hoover Avenue to National City Boulevard 40. 30th Street from National City Boulevard to D Avenue 41. 30th Street from D Avenue to Highland Avenue D. Thirty-five miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Tidelands Avenue from Civic Center Drive to 19th Street 2. Tidelands Avenue from 19th Street to Bay Marina Drive 3. Tidelands Avenue from Bay Marina Drive to 32"d Street 4. Cleveland Avenue from Civic Center Drive to 19th Street 5. Cleveland Avenue from 19th Street to Bay Marina Drive 2 Ordinance No. 2012 - 2378 Speed Zones - NCMC 11.16.010 6. Hoover Avenue from Mile of Cars Way to 30th Street 7. Hoover Avenue from 30th Street to 33rd Street 8. Roosevelt Avenue from Division Street to 4th Street 9. Roosevelt Avenue from 4th Street to 8th Street 10. National City Boulevard from 18th Street to 24th Street 11. National City Boulevard from 24th Street to 30th Street 12. National City Boulevard from 3Oth Street to South City Limit 13. Highland Avenue from North City Limit to Division Street 14. Highland Avenue from Division Street to 4th Street 15. Highland Avenue from 4th Street to 8th Street 16. Highland Avenue from 8th Street to Plaza Boulevard 17. Highland Avenue from Plaza Boulevard to 16th Street 18. Highland Avenue from 16th Street to 18th Street 19. Highland Avenue from 18th Street to 24th Street 20. Highland Avenue from 24th Street to 3Oth Street 21. Highland Avenue from 3Oth Street to South City Limit 22. Palm Avenue from 1-805 to Division Street 23. Palm Avenue from Division Street to 4th Street 24. Palm Avenue from 4th Street to 8th Street 25. Palm Avenue from 8th Street to Plaza Boulevard 26. Palm Avenue from Plaza Boulevard to 16th Street 27. Palm Avenue from 16th Street to 18th Street 28. Newell Street from 18th Street to Prospect Street 29. Euclid Avenue from North City Limit to Division Street 30. Euclid Avenue from Division Street to 4th Street 31. Euclid Avenue from 4th Street to 8th Street 32. Euclid Avenue from 8th Street to Plaza Boulevard 33. Euclid Avenue from Plaza Boulevard to 16th Street 34. Euclid Avenue from 16th Street to 18th Street 35. Euclid Avenue from 18th Street to 24th Street 36. Euclid Avenue from 24th Street to Sweetwater Road 37. Harbison Avenue from 8th Street to Plaza Boulevard 38. Harbison Avenue from Plaza Boulevard to 16th Street 39. Plaza Bonita Center Way from SR-54 to Sweetwater Road 40. Division Street from Highland Avenue to Palm Avenue 41. Division Street from Palm Avenue to Euclid Avenue 42. Main Street from 1-5 to National City Boulevard 43. 4th Street from National City Boulevard to D Avenue 44. 4th Street from D Avenue to Highland Avenue 45. 4th Street from Highland Avenue to Palm Avenue 46. 4th Street from Palm Avenue to Euclid Avenue 47. 4th Street from Euclid Avenue to Harbison Avenue 48. 8th Street from Harbor Drive to 1-5 49. 8th Street from 1-5 to National City Boulevard 50. 8th Street from Highland Avenue to Palm Avenue 51. 8th Street from Palm Avenue to Euclid Avenue 3 Ordinance No. 2012 - 2378 Speed Zones - NCMC 11.16.010 52. 8th Street from Euclid Avenue to Harbison Avenue 53. 8th Street from Harbison Avenue to Plaza Boulevard 54. Plaza Boulevard from Highland Avenue to Palm Avenue 55. Plaza Boulevard from Palm Avenue to 1-805 56. Plaza Boulevard from 1-805 to Euclid Avenue 57. Plaza Boulevard from Harbison Avenue to 8th Street 58. 16th Street from National City Boulevard to D Avenue 59. 16th Street from D Avenue to Highland Avenue 60. 16th Street from Highland Avenue to Palm Avenue 61. 16th Street from Palm Avenue to Euclid Avenue 62. 16th Street from Euclid Avenue to Harbison Avenue 63. 18th Street from National City Boulevard to D Avenue 64. 18th Street from D Avenue to Highland Avenue 65. 18th Street from Highland Avenue to Palm Avenue 66. 18'h Street from Palm Avenue to Newell Street 67. 18th Street from Newell Street to Euclid Avenue 68. 18th Street from Euclid Avenue to Rachael Avenue 69. Mile of Cars Way from 1-5 to Hoover Avenue 70. Mile of Cars Way from Hoover Avenue to National City Boulevard 71. 24th Street from National City Boulevard to D Avenue 72. 24th Street from D Avenue to Highland Avenue 73. 24th Street from Highland Avenue to L Avenue 74. 30th Street from Highland Avenue to L Avenue 75. 30th Street from L Avenue to 2nd Avenue 76. Sweetwater Road from 2nd Avenue to I-805/Euclid Avenue 77. 33`d Street from Hoover Avenue to National City Boulevard E. Forty miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Harbor Drive from 8th Street to Civic Center Drive 2. Plaza Bonita Road from Sweetwater Road to Bonita Mesa Road 3. Division Street from Euclid Avenue to Harbison Avenue 4. Paradise Valley Road from 8th Street to Plaza Entrada 5. Sweetwater Road from I-805/Euclid Avenue to Valley Road 6. Valley Road from Sweetwater Road to Calle Abajo F. Forty-five miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Harbor Drive from North City Limit to 8th Street 2. Sweetwater Road from Valley Road to Plaza Bonita Road 3. Sweetwater Road from Plaza Bonita Road to Calmoor Street 4. Sweetwater Road from Calmoor Street to Plaza Bonita Center Way BE IT FURTHER ORDAINED that this Ordinance shall have no effect on prosecutions for violations occurring prior to its effective date. 4 Ordinance No. 2012 - 2378 Speed Zones - NCMC 11.16.010 BE IT FURTHER ORDAINED that this Ordinance is adopted to preserve the public health and safety, pursuant to Section 36937 of the California Government Code, since this Ordinance must be in effect to permit speed limit enforcement by the National City Police Department. PASSED and ADOPTED this 4th day of December, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 5 Ordinance No. 2012 - 2378 Speed Zones — NCMC 11.16.010 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO. 19 ITEM TITLE: A Resolution Authorizing Execution of an Order of Vacation of the easterly 15 feet of G Avenue adjacent to 700 East 24th Street (Applicant: Michelle Snyder — Imperial Group.) (Case File No. 2012-07 SC). PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: DEPARTMENT: PI APPROVED BY: la. On December 4, 2012, the Council approved the Street Vacation request. Since there are no conditions to be satisfied, it would be appropriate to adopt the attached Resolution authorizing execution of the Order of Vacation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Order of Vacation RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN ORDER OF VACATION OF THE EASTERLY 15 FEET OF "G" AVENUE, ADJACENT TO 700 EAST 24TH STREET APPLICANT: MICHELLE SNYDER — THE IMPERIAL GROUP WHEREAS, application was made requesting to vacate and close a portion of "G" Avenue south of East 24th Street west of Skate San Diego, more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein as though set forth in full, in the City of National City, County of San Diego, State of California; and WHEREAS, on December 4, 2012, the City Council of the City of National City, conducted a hearing and initiated the said proposed vacation and closure of a portion of "G" Avenue; and WHEREAS, the City Engineer of the City of National City has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, on October 1, 2012, the Planning Commission of the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of a portion of "G" Avenue conforms with the City's adopted General Plan; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Streets and California Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a public hearing was held on December 4, 2012, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Council at said hearing found, from all evidence submitted, that said portion of "G" Avenue is unnecessary for present or prospective motorized use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the portion of "G" Avenue does not provide a benefit for an access public right-of-way or for future utilities; and WHEREAS, the City Council at said hearing further found that vacation and closure of the portion of "G" Avenue are in conformity with the adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves said Street Vacation based on the following finding: 1. That the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since the proposed project would provide an important community service and help to make the property more efficient, and since all resident and emergency access will be maintained with relation to the Royal Apartments. Resolution NO. 2012 — Page Two BE IT FURTHER RESOLVED by the City Council as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order of Vacation of the above described portion of public right-of-way. 2. That the vacation of the above described portion of public right-of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 4. That the right-of-way to be vacated is not needed for present or future public transportation uses and/or for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. 5. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, adjacent streets will allow for the same through travel. 6. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since there are no improvements proposed for the area, and since the area will continue to provide residential and emergency access to the area. 7. That the City Clerk is hereby authorized and directed to cause a certified copy of subject Order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the California Streets and Highways Code. 8. That from and after the date that this Resolution is recorded, the above -described portion of public right-of-way no longer constitutes a street, except as reserved and excepted herein. PASSED and ADOPTED this 4th day of December, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalia, City Clerk Claudia Gacitua Silva City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2012 — . duly adopted on December 4, 2012, by the City Council of the City of National City, hereby orders the vacation of a portion of "G" Avenue, south of East 24th Street west of Skate San Diego, more particularly described in Exhibits "A" and "B", attached hereto. Executed this 4th day of December, 2012. RON MORRISON, MAYOR ATTEST: MICHAEL R. DALLA CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 4, 2012 AGENDA ITEM NO.20 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for an auto detailing business in the Westfield Plaza Bonita parking structure located at 3030 Plaza Bonita Road. (Applicant: Nahum Peralta) (Case File 2012-17 CUP) /1/14- PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 EXPLANATION: DEPARTMENT: ''.Plan APPROVED BY: ;The project site is the north end of the Westfield Plaza Bonita parking structure on the ground floor. The applicant is proposing to operate an auto detailing business in six spaces within the parking structure from 9:00 a.m. to 9:00 p.m. daily. The business would use a steam cleaning process to clean the vehicles (no liquid water) and would not create any run-off. The process would use biodegradable detailing products, which would also be offered for sale at this location as an accessory use. Planning Commission conducted a public hearing on November 19, 2012. Commissioners asked questions regarding conditions of approval, business operations, public noticing, and surrounding uses. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. r APPROVED: 1 ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 11 Section 15311 (Accessory Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 1Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION: rThe Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Flores, Reynolds Absent: Pruitt ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report 3. Resolution No. 20-2012 4. Reduced Plans • IMM NM NM Project Area Zone Boundary City Boundary APN: 564-471-10 COUNTY •F AN DI I-L_J I Feet 0 125 250 500 Planning Commission Location Map 2012-17 CUP 11.7.' CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 November 19, 201; PUBLIC HEARING — CONDITIONAL USE PERMIT FOR AN AUTO DETAILING BUSINESS IN THE WESTFIELD PLAZA BONITA PARKING STRUCTURE LOCATED AT 3030 PLAZA BONITA ROAD. 2012-17 CUP North side of parking structure on the ground floor. 564-471-10 Martin Reeder, AICP Nahum Peralta Plaza Bonita LLC Major Mixed -Use District (MXD-2) 14.39 acres Residential across Sweetwater Rd. / RS-2 Residential / County of San Diego Open Space & 1-805 / OS Open Space across Plaza Bonita Rd. / OS Categorically Exempt pursuant to Class 11 Section 15311 (Accessory Structures) BACKGROUND Site Characteristics The project site is the parking structure located on the east side of Westfield Plaza Bonita. The specific location associated with this application is the ground floor of the structure on the north end. The National City Police Department storefront is located on the outside of the parking structure in this location, adjacent to the transit center. The project area would occupy six parking spaces. Proposed Use The applicant is proposing to operate an auto detailing business in the parking structure from 9:00 a.m. to 9:00 p.m. daily. The business would use a steam cleaning process to clean the vehicles (no liquid water) and would not create any run-off. The process would use biodegradable detailing products, which would also be offered for sale at this location as an accessory use. Analysis A manual car wash is permitted in the MXD-2 zone with the issuance of a Conditional Use Permit (CUP). Concerns usually focus on potential traffic or noise impacts. In this case, the use is inside the parking structure and is a small-scale operation, therefore not likely to generate much in the way of noise above ambient levels; there is a bus transit center outside the parking structure as well as the ring road for the mall passing nearby. No significant increases in traffic are anticipated as the business is intended to cater to mall customers. Vehicles would be dropped off and cleaned while the customer is shopping in the mall. The mall has the requisite amount of parking spaces needed for operation. Several site visits during the week have shown little demand for parking on the ground floor of the parking structure in this location. The majority of vehicles parking nearby either utilize the surface space parking lot adjacent to Target or use the upper floors of the parking structure (the mall entrance is on the second floor). Furthermore, patrons of the business will also be shopping in the mall, therefore not creating a demand for parking seeing as they would be utilizing a parking space anyway. One of the six spaces would be used for the cashier and waiting area with the other five spaces used for vehicle cleaning activities. The process used for the cleaning and detailing would be steam cleaning. The vehicles are parked on a rubber mat that covers the whole operation area and steam cleaned in place. The applicant has stated that the chemicals used for cleaning are biodegradable. In addition, the cleaning solution would be 90% steam. Any remaining liquid generally evaporates or is trapped in the rubber mat for clean up later. No liquid, chemical, or cleaning agent would enter the storm drain or any other drains. The biodegradable cleaning product line used by the company would also be available for sale to the public as an accessory use to the car wash. Retail sales are an allowed use in the MXD-2 zone. Comments were received from the Building and Engineering Departments. The comments are included as Conditions of Approval and require compliance with applicable codes (Building) and that no chemicals, biodegradable or otherwise be allowed to enter drains (Engineering). Summary The proposed use of the area for an auto detailing center is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal since the site is within an existing structure and would utilize existing parking spaces to clean the cars that would be parked there normally. Additionally, the activity will help provide more security for cars parked in this location. Furthermore, the use will provide a service to mall patrons available while they are shopping. RECOMMENDATION Approve 2012-17 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location map 4. Public hearing notice (Sent to 123 property owners) 5. Site photos and photo simulations 6. Notice of Exemption 7. Exhibit A, Case File No. 2012-17 CUP, dated 10/1/2012 MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2012-17 CUP — Westfield Auto Detailing 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing parking structure and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic potentially generated by the proposed use, since the site has access to Sweetwater Road, an arterial street, which can easily accommodate any additional trips potentially generated that are not related to normal mall patrons, the business' primary customers. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with commercial uses permitted in the MXD-2 zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide an additional service topatrons of Westfield Plaza Bonita. RECOMMENDED CONDITIONS OF APPROVAL 2012-17 CUP — Westfield Auto Detailing General 1. This Conditional Use Permit authorizes an auto detailing business on the lower level of the Westfield Plaza Bonita parking structure at 3030 Plaza Bonita Road. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2012-17 CUP, dated 10/1/2012. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Any plans submitted for construction must comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Engineering 6. Storm Water Best Management Practices shall be implemented during hours of operation. 7. No cleaning products of any kind shall enter any on or off -site drains. Planning 8. No more than six parking spaces may be utilized for the use in its entirety. Non vehicle activities (e.g., retail sales, cashier, waiting area, etc.) shall not occupy more than the area of one parking space. 6 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR AN AUTO DETAILING BUSINESS IN THE WESTFIELD PLAZA BONITA PARKING STRUCTURE LOCATED AT 3030 PLAZA BONITA ROAD. CASE FILE NO.: 2012-17 CUP APN: 564-471-10 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 19, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Nahum Peralta) The project site is an area of the ground floor of the Westfield Plaza Bonita parking structure. The area comprises six parking spaces and would be located on the north side of the structure. The applicant is proposing to operate an auto detailing business from 9 a.m. to 9 p.m. daily, including accessory retail sales of detailing products. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., November 19, 2012, who can be contacted at 619-336-4310 or planning( nationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION „tego,\A T" BRAD RAULSTON Executive Director 7 2012-17 CUP Westfield Plaza Bonita Car Wash — Site Photos Looking northwest Looking north 8 O 0 ., CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Protect Title: 2012-17 CUP Project Location: 3030 Plaza Bonita Road, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for an auto detailing center in an existing parking structure in the Westfield Plaza Bonita shopping mall. The business would occupy six parking spaces within the parking structure. Applicant: Nahum Peralta 5445 Baltimore Street, #39 La Mesa, CA 91942 Telephone Number: (619) 300-3458 Exempt Status: Categorical Exemption. Class 11 Section 15311 (Accessory Structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the business will not result in the expansion of any structure. The facility will operate within an existing building and on a developed site without the need for physical expansion of use. Furthermore, Conditions of Approval require that no liquids, chemicals, cleaners enter any on or off -site drains. Customers will mostly be patrons of the mall and thus would not cause any appreciable increase in traffic. Date: MARTIN REEDER, AICP Assistant Planner 11 RESOLUTION NO. 20-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN AUTO DETAILING BUSINESS IN THE WESTFIELD PLAZA BONITA PARKING STRUCTURE LOCATED AT 3030 PLAZA BONITA ROAD. CASE FILE NO. 2012-17 CUP APN: 564-471-10 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for an auto detailing business in the Westfield Plaza Bonita parking structure located at 3030 Plaza Bonita Road at duly advertised public hearing held on November 19, 2012, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2012-17 CUP 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 recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the 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 19, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing parking structure and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic potentially generated by the proposed use, since the site has access to Sweetwater Road, an arterial street, which can easily accommodate any additional trips potentially generated that are not related to normal mall patrons, the business' primary customers. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with commercial uses permitted in the MXD-2 zone. 12 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide an additional service to patrons of Westfield Plaza Bonita. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an auto detailing business on the lower level of the Westfield Plaza Bonita parking structure at 3030 Plaza Bonita Road. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2012-17 CUP, dated 10/1/2012. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Any plans submitted for construction must comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Engineering 6. Storm Water Best Management Practices shall be implemented during hours of operation. 7. No cleaning products of any kind shall enter any on or off -site drains. Planning 8. No more than six parking spaces may be utilized for the use in its entirety. Non vehicle activities (e.g., retail sales, cashier, waiting area, etc.) shall not occupy more than the area of one parking space. 11 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 19, 2012, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN 14 EXHIBIT A CASE FILE NO. 2012-17 CUP DATE: 10/1/2012 ="".=..."'".:1:„..'17 ..-..„..- ...._................ .......,........,.. Wsdekt Westfield, LLC ,..;.....„............,_.,. ...-.„........ ....„-- ._____. SITE PLAN Plaza Bonita . . < • • • VLINOB tmeld 2 16 Planta 2 Elevacion ot+ r-r moo oo 3 Desplante car wash area 18' 2' Esc.1:4 detailing area 26' Marketing Esc. 1:4 Esc. 1:4 r'e Marketing PFS•141 1,116486 Detail Esc. SYMBOLS AND KEY PAPOOSE PMS 414 ' PMS 415 j nnit• ai PMS 419 .44 PMS 495 SIMBOLOGIA ladled Ne. de Bed. Ind= DOB. 1 kite NonwelNere Espeddendon Ina:1.MM Ai Pim FLI-1).00 1 USICACION . SAM DIEGO CA. FECHA . 00-15.12 ESCALA NOICADA PROYECTO CAR WASH PLAZA SOMA AOij • .� Planta Eac.1A SYMBOLS AND KEY PANTONE PAS He OIIII PUS 485 SIMBOLOGIA Indira N> e.D.Yb Wk. Ne.aMons _ l---r� LOCATION : SAN DIEGO CA. DATE eB-1617 ESCALE: INDICATE ITEM #21 12/4/12 UPDATE ON FURLOUGH CLOSURE (HUMAN RESOURCES)