HomeMy WebLinkAbout2007 CON CDC Pacific Municipal Consultants - EIR Enterprise ZoneAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION (CDC)
OF THE CITY OF NATIONAL CITY
AND
PACIFIC MUNICIPAL CONSULTANTS (PMC)
THIS AGREEMENT is entered into this 19TH day of June, 2007, by
and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF NATIONAL CITY, a municipal corporation (the "CDC"), and PACIFIC
MUNICIPAL CONSULTANTS (the "CONSULTANT").
RECITALS
WHEREAS, the CDC desires to employ a CONSULTANT to
perform activities to assist the City in receiving final designation for the
establishment of a San Diego Regional Enterprise Zone (SDREZ); and
WHEREAS, the CDC has determined that the CONSULTANT is a
Municipal Consulting Firm who is providing environmental planning services and
is qualified by experience and ability to perform the services desired by the CDC,
and the CONSULTANT is willing to perform such services; and
WHEREAS, the CDC and the Consultant entered into a certain
Agreement dated as of the 7TH day of September, 2006 (the "Agreement")
pursuant to which the CDC employed the Consultant to undertake certain
services associated with the Enterprise Zone application submittal (the "Project")
in the City of National City (the "City"); and
WHEREAS, the Consultant's services under the original scope of
work are completed and $15,063 have been paid by the CDC to PMC; and
WHEREAS, the CDC wishes to contract with PMC to provide the
Enterprise Zone EIR services required by the State of California's Department of
Housing and Community Development for final designation of the SDREZ; and
NOW. THEREFORE, THE PARTIES HERETO DO MUTUALLY
AGREE AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CDC hereby
agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to
perform the services hereinafter set forth in accordance with all terms and
conditions contained herein.
The CONSULTANT represents that all services required hereunder
will be performed directly by the CONSULTANT, or under direct supervision of
the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will 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 CDC for such
services, except as authorized in advance by the CDC. The CONSULTANT shall
appear at meetings per the Community Development Commission's request and
advise them of the progress on the project.
The CDC 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
CDC and the CONSULTANT agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of
0% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Jacqueline Revnoso hereby is designated as the Project Coordinator for the CDC
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. Kevin Grant thereby is designated as the Project Director for
the CONSULTANT for Enterprise Zone EIR Services.
4. COMPENSATION AND PAYMENT. The compensation for
the CONSULTANT shall be based on monthly billings covering actual work
performed. Billings shall include labor classifications, respective rates, hours
worked and also materials, if any. The total cost for all work described in Exhibit
"A" shall not exceed $91,000 (the Base amount) without prior written
authorization from the Board. Monthly invoices shall be mailed and faxed to
National City and copied to the City of San Diego. The invoice shall include the
total invoiced amount, and include a breakdown to reflect the 80% due from San
Diego, and the 20% due from National City. San Diego shall be responsible for
delivery of timely payment to National City for its 80% share within 10 business
days of receipt of PMC's invoice. Monthly invoices will be processed for payment
and remitted within thirty (45) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A" as determined by the CDC.
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 CDC and
for furnishing of copies to the CDC, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time
durations for specific portions of the Project are set forth in Exhibit "A".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
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 CDC for use with respect to this Project, and
shall be turned over to the CDC upon completion of the Project, or any phase
thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the
CONSULTANT hereby assigns to the CDC, 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 CDC's prior
authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONSULTANT shall, upon request of the
CDC, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CDC 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 CDC'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 CDC 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 CDC, or for any liability to the CDC should the
documents be used by the CDC for some project other than what was expressly
agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONSULTANT. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not
as agents, employees, partners or joint venturers with one another. Neither the
CONSULTANT nor the CONSULTANT'S employees are employee of the CDC
and are not entitled to any of the rights, benefits or privileges of the CDC's
employees, including but not limited to retirement, medical, unemployment, 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 CDC 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 CDC.
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 to adhere to the applicable terms of this Agreement.
The CDC acknowledges and agrees that the CONSULTANT has
invested considerable time and money that would be difficult to quantify in
the training and development of CONSULTANT'S employees. Therefore,
without receiving the CONSULTANT'S written permission, the CDC agrees
not to affirmatively recruit any employee of CONSULTANT who performs
services for the CDC under this Agreement for a period of one year from
the date this Agreement is terminated.
8. CONTROL. Neither the CDC nor its officers, agents or
employees shall have any control over the conduct of the CONSULTANT, or any
of the CONSULTANT'S employees except as herein set forth, and the
CONSULTANT expressly agrees not to represent that the CONSULTANT or the
CONSULTANT'S agents, servants or employees are in any manner agents,
servants or employees of the CDC, it being understood that the CONSULTANT,
its agents, servants and employees are as to the CDC wholly independent
consultants, and that the CONSULTANT'S obligations to the CDC are solely
such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The
CONSULTANT, in the performance of the services to be provided herein, shall
make every reasonable effort to comply with all applicable state and Federal
statutes and regulations, and all applicable ordinances, rules and regulations of
the City of National City, whether now in force or subsequently enacted. The
CONSULTANT, and each of its subconsultants, shall obtain and maintain a
current City of National City business license prior to and during performance of
any work pursuant to this Agreement.
10. 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.
11. 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 regions. 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 CDC 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 CDC, or, when no time is specified, then
within a commercially reasonable time. Accordingly, unless the CONSULTANT
has notified the CDC otherwise, the CONSULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared
for the CDC are reasonably commercially available. Any failure by the
CONSULTANT to use due diligence under this sub -paragraph will render the
CONSULTANT liable to the CDC for any increased costs that result from the
CDC'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.
12. NON-DISCRIMINATION PROVISIONS. The
CONSULTANT shall not discriminate against any employee or applicant for
employment because of age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical
condition. The CONSULTANT will take positive action to insure that applicants
are employed without regard to their age, race, color, ancestry, religion, sex,
sexual orientation, marital status, national origin, physical handicap, or medical
condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for
employment any notices provided by the CDC setting forth the provisions of this
non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC 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 CDC.
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, recommenda-
tions, conclusions or other results of the services or the existence of the subject
matter of this Agreement without the prior written consent of the CDC. 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 CDC for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONSULTANT agrees to defend, indemnify, and hold harmless the Community
Development Commission of 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.
15. 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 Govemment Code and all amendments thereto; and all similar
state or Federal acts or laws applicable; and shall indemnify, and hold harmless
the CDC 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 CDC or its officers, employees or CDC or City
of National City volunteers for, or on account of, any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONSULTANT under this Agreement.
16. INSURANCE. The CONSULTANT, at its sole cost and
expense, shall purchase and maintain, and shall require its subconsultants, when
applicable, to purchase and maintain throughout the term of this agreement, the
following insurance policies:
✓ A. If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence,
subject to an aggregate limit of $2,000,000.
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 non -owned vehicles. If a Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location, or the general
aggregate limit shall be twice the required occurrence limit.
C. Comprehensive general liability insurance, with minimum
limits of $1,000,000 combined single limit per occurrence, covering all bodily
injury and property damage arising out of its operation under this Agreement. If a
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
project/location, or the general aggregate limit shall be twice the required
occurrence limit.
D. Workers' compensation insurance covering all of
CONSULTANT's employees.
E. The aforesaid policies shall constitute primary insurance as
to the CDC, its officers, employees, and CDC or City of National City volunteers
so that any other policies held by the CDC shall not contribute to any loss under
said insurance. Said policies shall provide for thirty (30) days prior written notice
to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and
worker's compensation policies, shall name the CDC and its officers, agents and
employees as additional insureds.
G. If required insurance coverage is provided on a "claims
made" rather than "occurrence" form, the CONSULTANT shall maintain such
insurance coverage for three years after expiration of the term (and any
extensions) of this Agreement.
H. Insurance shall be written with only California admitted
companies which hold a current policy holder's alphabetic and financial size
category rating of not less than A VIII according to the current Best's Key Rating
Guide, or a company equal financial stability that is approved by the City's Risk
Manager.
I. 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 Of National City's Risk Manager. If the
I'�
CONSULTANT does not keep all of such insurance policies in full force and
effect at all times during the terms of this Agreement, the CDC may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and
terminate the Agreement as provided herein.
17. 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 CDC
shall, in addition, be limited to the amount of attomey's fees incurred by the CDC
in its prosecution or defense of the action, irrespective of the actual amount of
attorney's fees incurred by the prevailing party.
18. 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.
19. TERMINATION. A. This Agreement may be terminated with
or without cause by the CDC. This Agreement may be terminated for cause by
the CONSULTANT, in the event of a breach of this Agreement by CDC, upon 60
days written notice. 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
CDC 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 CDC.
C. Termination with or without cause shall be effected by
delivery of written Notice of Termination to the CONSULTANT as provided for
herein.
D. In the event of termination, all finished or unfinished
memoranda reports, maps, drawings, plans, specifications and other documents
prepared by the CONSULTANT, whether paper or electronic, shall immediately
become the property of, and be delivered to, the CDC, 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 CDC by the CONSULTANT's
breach, if any. Thereafter, ownership of said written material shall vest in the
CDC all rights set forth in Section 6.
E. The CDC 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.
20. 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 Califomia) 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 the CDC:
Brad Raulston
Executive Director
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950
To the CONSULTANT:
Philip O. Carter
President
Pacific Municipal Consultants
10461 Old Placerville Road, Suite 110
Sacramento, CA 95827
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.
21. 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 Community Development Commission 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 CDC
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 CDC 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 CDC.
❑ 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 CDC for all
damages, costs or expenses the CDC may suffer by virtue of any violation of this
Paragraph 21 by the CONSULTANT.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period
provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state
or legal holiday, then such date shall automatically be extended until 5:00 p.m.
Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or
legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which,
together, shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties
hereto, are not a part of this Agreement, and shall not be used for the
interpretation or determination of the validity of this Agreement or any provision
hereof.
D. No Obligations to Third Parties. Except as otherwise
expressly provided herein, the execution and delivery of this Agreement shall not
be deemed to confer any rights upon, or obligate any of the parties hereto, to any
person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules
attached hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement
may not be modified or amended except by an instrument in writing executed by
each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such
provision or any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior
agreements, negotiations and communications, oral or written, and contains the
entire agreement between the parties as to the subject matter hereof. No
subsequent agreement, representation or promise made by either party hereto,
or by or to an employee, officer, agent or representative of any party hereto, shall
be of any effect unless it is in writing and executed by the party to be bound
thereby.
J. Successors and Assigns. This Agreement shall be binding
upon, and shall inure to the benefit of the successors and assigns of the parties
hereto.
K. Construction. The parties acknowledge and agree that (i)
each party is of equal bargaining strength, (ii) each party has actively participated
in the drafting, preparation and negotiation of this Agreement, (iii) each such
party has consulted with, or has had the opportunity to consult with its own,
independent counsel and such other professional advisors as such party has
deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such 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.
Q&
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
COMMISION
OF THE CITY OF NATIONAL CITY
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
George H.'Eiser, III
CDC Legal Counsel
PACIFIC MUNICIPAL CONSULTANTS
By:
a/
Phili O. Carter, President
By: OtiiLA L.L, �'=-r-6 " t�/
Jenr9er LeBo®Gf, Secretary 6!
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ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DATE (M WODM')
05/31/07
PRODUCER 1-949-729-0777
Hilb Regal & Hobbs
Professional Practice Insurance Brokers, Inc.
2030 Main Street
Suite 350
Irvine, CA 92614
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Pacific Municipal Consultants Dba: PNC
10461 01d Placerville Rd-, Ste. 110
Sacramento, CA 95827
INSURER A:Fidelity and Guaranty Insurance Underwriters
P/aURER B:Continental Casualty Company
INSURERc:St. Paul Fire and Marine Insurance Co.
NSURERD:Fidelity a Guaranty Insurance Company
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IITTRR
TYPE OF INSURANCE
POLICY NUMBER-
p RryE plyyYl KITIVE I pA YaD EXPIRATION
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABIUN
BK02198975
09/01/06
09/01/07
EACH OCCURRENCE
$ 2,000,000
FIRE DAMAGE (Any arw he;
$ 300,000
CLAMS MADE I S I OCCUR
MED EXP (Any one pent)
$ 10,000
PERSONAL&ADV INJURY
52,000,000
GENERAL AGGREGATE
$ 4,000,000
'�zG'ERI AGGREGATE
T I T,GATE LIMIT APPLES PER:
I POLICY I LOC
PRODUCTS- COMP/OP AGG
54,000,000
D
ALITOMOBEELUWUIY
X
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X
Z
A
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA02198949
09/01/06
09/01/07
(EaciEDt'NGLE LIMIT
61, 000, 000
BODLY INJURY
(Par Perm)
BODILY INJURY
(Par accident)
S
PROPERTY DAMAGE
(Pat accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN FA ACC
$
AUTO ONLY: AGG
S
A
EXCESS
X
LIABILITY
1 OCCUR I —I CLAWSMADE
DEDUCTIBLE
RETENTION $
BE02198975
09/01/06
09/01/07
EAOH Or,•uNRRENCF
$ 2,000,000
AGGREGATE
$ 2,000,000
S
S
S
C
WORI032S COMPENSATOR AND
EMPLOY!RS'UA UJTY
'SW02198957
09/01/06
09/01/07
Z ITo Ti urns OER-
E.L. EAGIACCIDENT
5 1,000,000
EL DISEASE - EA EMPLOYEE
$ 1,000,000
EL. DISEASE .POLICY UNIT
$ 1,000,000
B
OTHER
Professional Liability
NC7+254079593
09/01/06
09/01/07
Per Claim 11,000,000
Aggregate t 3,000,000
DESCRIPTION OF OPERATIONSILO AflONSNEHICLESIEXCLUSION9 ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Cartificate Holder is named as an Additional Insured per attached endorsement.
A11 operations of the named inaured.
Community Development Commision of the City of National City, its officera and employees
PNC Project: San Diego Regional Roterprize Zone ETE
CERTIFICATE HOLDER
ADDITIONAL INSURED: INSURER LETTER.
A CANCELLATION
Community Development Commission of National City
Executive Director
Brad Raulston
1243 National City Boulevard
National City, CA 91950
OSA
ACORD 25-S (7/97) P30.73
6312966
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANrFI I FD BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL E NiILJ MAIL 3D DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTHORIZED REPRESENTATIVE
OACORD CORPORATION 1988
_J
Page 1 of 2
LIABILITY COVERAGE ENHANCEMENT
ARCHITECTS AND ENGINEERS
ENDORSEMENT
Name Insured: Pacific Municipal Conaultanta Dba: PMC
Policy No: s&02198975
Additional Insured: community Development Commision of the City of National City, its officers and
employees
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART
1. The following replaces the final paragraph of SECTION II. WHO
IS AN INSURED, I.:
However, no person or organization is an insured with respect to
the conduct of any current or past partnership, joint venture,
limited liability company or trust that is not shown as a Named
Insured in the Liability Coverage Part Declarations. This
provision does not apply to you, for your participation in any
past or present "unnamed joint venture," or if that person or
organization is otherwise an insured under Paragraph 2. below.
2. The following is added to SECTION II. WHO IS AN INSURED, 2.:
Person Or Organization Required By Written Contract
Any person or organization that you agree to add as an insured
under this Liability Coverage Part in a written contract or
agreement that is made before, and in effect when, the "bodily
injury" or "property damage" occurs or the offense that causes
the `personal injury" or "advertising injury" is first committed,
but only with respect to that person's or organization's liability
arising out of "your work" for that person or organization.
However, such person or organization is not an insured with
respect to any:
(1) "Bodily injury," "property damage," `personal injury" or
"advertising injury" that does not arise out of:
(a) Your negligence; or
(b)
The negligence of another person or organization
for whom you are liable;
a. Direct employees; or
b. Owns, rents, or leases any real or personal property.
No other member or partner, or their spouses, of any past or
present "unnamed joint venture" is an insured.
St. Paul Form CLEF 26 09 09 03
(2)
(3)
'Bodily injury," "property damage," "personal injury"
or "advertising injury" for which such person or
organization has assumed liability in a contract or
agreement, except for liability for damages that such
person or organization would have in the absence of
the contract or agreement;
"Property damage" to:
(a) Property owned, used or occupied by, or loaned
or rented to, such person or organization;
Property over which such person or
organization is for any purpose exercising
physical control; or
"Your work" performed for the insured; or
"Bodily injury," "property damage," `personal
injury" or "advertising injury" arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any "professional
service," when such person or organization is an
architect, engineer or surveyor.
3. The following is added to SECTION IL WHO IS AN
INSURED:
"Unnamed Joint Venture"
You are an insured for your participation in any past or
present "unnamed joint venture."
However, you are not an insured if the "unnamed joint
venture" has:
4. The following replaces SECTION M. LIMITS of LIABILITY,
2. b.:
b.
Will apply separately to the sum of all:
(1)
Damages because of "bodily injury" and
"property damage," under SECTION I.
COVERAGE, A. Liability above; and
(2) Medical payments for "bodily injury," under
SECTION I. COVERAGE, B. Medical Payments
arising out of each 1r'arion listed in the Schedule of
Premises or each of your projects;" and
5. The following replaces SECTION IV. CONDITIONS, 5. "Other
Insurance," a. Primary Insurance, (2):
(a) Paragraph h. Certain Additional Insureds By
Contract or Agreement; or
(b) Persons Or Organizations Required By Written
Contract
if you specifically agree, in that written contract or
agreement, that this insurance must be primary to,
and non-contributory with, such "other insurance."
This insurance will then be applied as primary
insurance for damages for "bodily injury,"
"property damage," `personal injury" or
"advertising injury" to which this insurance applies
and that are incurred by such person or
organization, and we will not share those damages
with such "other insurance."
6. The following is added to SECrtoN IV. CONDITIONS, 5. "Other
Insurance," b. Excess Insurance:
This insurance is excess over an "other insurance"
whether primary, excPss contingent or on any other basis
that is available to you for your participation in any past
or present "unnamed joint venture."
(2) However, this insurance will be considered primary
to, and non-contributory with, "other insurance"
issued directly to a person or organization added as
an addition insured under SECTION 1I. WHO IS AN
INsuRED, 2.:
7. The following is added to SECTION IV. CONDITIONS, &
Transfer Of Rights Of Recovery And Proceeds
Against Others To Us:
Page 2 of
above;
However, we waive any right of recovery and proceeds
we may have against any person or organization that is
added as an additional insured tmder the paragraph
Person Or Organization Required By Written
Contract of SECTION II. WHO Is AN INSURED, 2.:
a. Because of payments we make for "bodily
injury," "property damage," "personal injury" or
"advertising injury" arising out of "your work"
in ongoing operations or included in the
"products -completed operations hazard"; and
b. Performed under a written contract or agreement
that is made before, and in effect when, the
"bodily injury" or "property damage" occurs or
the offense that causes the "personal injury" or
"advertising injury" is committed; and
c. You specifically agree in such written contract
or agreement to waive those rights of recovery
and proceeds for such person or organization.
8. The following are added to SECTION V. DEFINITIONS.
"Unnamed joint venture" means any joint venture in
which you are a member or partner where:
a Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site, or location
owned or occupied by, or rented to, you.
"Your project:"
a. Means any premises, site or location at, on, or in
which "your work" is not yet completed; and
b. Does not include "your premises" or any
location listed in the Schedule of Premises.
NorrcE OF CANCP.LtaTTON: If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for
non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds
on file with the company.
St Paul Form CL/BF 26 09 09 03
Policy Number: BA02198949 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsement
SCHEDULE
Name of Person or Organization: Community Development Commission of the City of National
City, its officers and employees
A. WHO IS AN INSURED is amended to include as an
'insured° the person or organization shown in the
Schedule as an Additional Insured. The coverage
afforded to the Additional Insured is solely limited to
liability specifically resulting from the conduct of the
Named Insured which may be Imputed to the Additional
Insured. However, the naming of the person or
organization shown in the Schedule as an Additional
Insured does not increase or after the Limit of Insurance
nor the scope of coverage of this policy.
B. EXCLUSIONS
would have in the absence of the contract or
agreement.
2. "Bodily" or "property damage' arising out of the
use of your products or work you performed for
the Additional Insured.
3. "Property damage' to:
a. Property owned, used or occupied by or
rented to the Additional Insured.
This insurance does not apply to:
1. "Bodily injury' or "property damage' for which the
Additional Insured is obligated to pay damages . C.
by reason of the assumption of liability in a
contract or agreement. But his exclusion does
not apply to liability for damages that the
Additional Insured
CVCA99090895
b. Property In the care custody or control of the
Additional Insured for any purpose of
exercising physical control.
Any coverage provided by this policy shall be excess
only, over any other valid and collectible insurance
which would apply in the absence of this policy.
However, this policy shall not be excess over any
policy written as specific excess.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1993
TABLE OF CONTENTS
Exhibit A
Introduction 1.1
Project Scope 2.1
Schedule 3-1
Statement of Qualifications 4-1
Estimated Cost 5-1
9W
INTRODUCTION
UNDERSTANDING
Pacitic Municipal Consultants (PMC) is pleased ro provide this proposal
for the preparation of a Programmatic Environmental Impact Report
(PEIR) for the establishment of a California Enterprise Zone. The City
of San Diego will serve as the lead agency in the processing of the
PEIR. The City of San Diego, City of Chula Vista, and National City are
engaged in the task of applying to the California Department of Housing
and Corm -nullity Development (HCD) for establishment of the
California Enterprise Zone designation.
The proposed Enterprise Zone does not change any land use
designations, nor does it propose any specific development. The
designation of Enterprise Zone does not establish any new land use
designations, but rather identifies the areas eligible to receive benefits
associated with the Enterprise Zone. Businesses within the Enterprise
Zone boundaries will be eligible to for benefits that include: tax credits
for hiring qualified employees, tax credits for sales and use tax paid on
qualifying machinery purchases, interest deductions to lenders on loans
to firms within the Enterprise Zone, fifteen vear 100% net operating loss
carry forward, accelerated expensing deductions, and priority for various
State programs. Other advantages for businesses include a job referral
service, development permit assistance and expediting, reduction and/or
waiver of certain development fees, tax savings for Enterprise Zone
employees and access to specialized technical and financial assistance
programs.
The environmental planning services to be provided by PMC shall
include input and information obtained from the City of San Diego, Ciry
of Chula Vista, and the City of National Citv on previous
documentation.
PROJECT SCOPE
The following Scope of Work includes all tasks and peer review of
technical studies required to prepare a defensible, thorough and
objective FIR for the Enterprise Zone Application project.
TASK 1 PROJECT INITIATION AND NOTICE OF
PREPARATION
Upon Notice to Proceed, PMC will initially meet with the Cities to
review the Scope of Work, collect information sources, and finalize the
project description. PMC will then review all relevant data for the
project including project files, previous technical studies, maps,
additional envirorunental documents prepared in the respective Cities,
and studies prepared by the respective agencies. During this early stage
of the project, PMC will take the oppornlnity to field visit and
photograph the project site as well as collect all pertinent information
available on the site and the environmental setting.
Once the project description has been refined to the satisfaction of the
Cities and PMC, PMC will prepare the Administrative Draft EIR.
Note: The Initial Study and Notice of Preparation (NOP) has
already been submitted to HCD as part of the preliminary
application.
TASK 2 ADMINISTRATIVE DRAFT EIR
An Administrative Draft F.nvironunental Impact Report (ADEIR) will be
prepared in conformance with the CEQA Guidelines. The ADEIR will
contain all required components of an F.TR and will address on site and
off -site impacts of the project, although the technical analysis will be
focused as described below. The ADEIR will be delivered to City staff
for internal review and comment prior to public release of the Draft EIR
(under Task 3, below). The ADEIR will rely primarily on existing
environmental documents supporting the General Plans for each
jurisdiction. The major sections and areas of concern to be addressed
are outlined below.
Introductory Sections
Introduction. This brief introductory section will discuss the legal
authority for preparing the FIR under CEQA and the Citv's
environmental review requirements. This section will also include a brief
overview of the project history and local context, and will describe the
public participation process and scoping process as appropriate.
Executive Summary. This section will include a brief description of the
project and a summary table that lists all of the potential impacts
identified in the EIR by topic, along with the corresponding mitigation
PROJECT SCOPE
measures and the level of significance after mitigation. A summary of
the project alternatives will also he included.
Project Description. The project description will describe all aspects of
project design, construction, phasing and operation as required by
CEQA. The project description will include, using text, graphics and
tables, all anticipated public improvements (infrasmtcture systems,
roads, etc.) and other project details. Also included will be a discussion
of the 'Uses of the FIR,' which will itemize the entitlements and
approvals required, which may rely on the LIR for environmental
information as required by CEQA.
Environmental Setting and Analysis
This is the main chapter of the LIR, and will include separate sections
for each environmental topic area. This chapter will be formatted so
that the impact statements and corresponding mitigation measures will
stand out from the text for clarity and cast reference. Findings will be
made as to the level of significance of each impact after mitigation.
Each environmental chapter will consist of:
• A full description of the environmental setting;
• Description of regulator- setting, including all applicable local,
State and Federal laws and policies;
• A description of the methodology used for conducting the
analysis;
• Identification of the applicable standards of significance;
• Identification and discussion of impacts; and
• Mitigation Measures, including riming and enforcement
responsibility.
The analysis tasks for each anticipated topic are described below.
Aesthetics
The following tasks will he performed for the _Aesthetics section of the
ETR:
• Generally describe the area's existing visual character including
visual relationship of the project area with adjacent land uses and
vistas. identify current nighttime lighting conditions in the project
area.
• Visual resource policies and standards will be described.
PROJECT SCOPE
ca,
• Describe anticipated changes in the landscape characteristics of the
project area as well as anticipated increases in nighttime lighting as
a result of the project.
• Identify mitigation measures for any significant visual resource
impacts identified.
Agricultural Resources
The proposed project area appears to be generally consistent with future
uses. The analysis in this section will include the following:
• Describe and trap the existing and historic agricultural operations
in the project area, including soil types and aerial photographs.
• Identify Williamson Act parcels in the vicinity of the project area.
• Determine the project's consistency with all applicable General
Plan policies, Area Plan policies, Conservation Plans and other
appropriate plans and guidelines.
• Identify mitigation measures for any potentially significant
agricultural impacts identified.
Air Quality
The proposed Enterprise Zone project would attract, retain, and expand
business in the Enterprise Zone area through a variety of incentives that
include tax credits for hiring qualified employees, tax benefits, expedited
project processing, reduction of some City fees, and employee hiring
assistance. While no specific development projects are planned or
proposed as part of the proposed EZ project, it is anticipated that new
industrial and commercial development, rehabilitation of existing
structures for new business, and employment growth would occur
throughout the 'Enterprise Zone arca.
The EIR will also include all analysis of potential air resource impacts
associated with increased development and employment associated with
the HZ.
Biological Resources
Review of the California Natural Diversity Database and other available
unformarion identifies that sensitive species may occur on the project
site.
The Biological Resources Section of die FIR will identify and describe
these baseline conditions of the project area utilizing existing
PROJECT SCOPE
information to greatest degree feasible; analyze the foreseeable impacts
of the proposed project to these resources and others as applicable; and
provide mitigation for significant impacts to biological resources that will
reduce project impacts to less- than -significant.
PM(; will perform the biological resources analysis for the FIR, as
provided below:
Independent Evaluation of Existing Data/Information
While no specific development projects are planned or proposed as part
of the proposed EZ project, it is anticipated that new industrial and
commercial development, rehabilitation of existing structures for new
business, and employment growth would occur throughout the
Enterprise Zone area. This increase in development may result in the
removal or disturbance of sensitive biological resources, landmark trees
and/or wetlands. This is a potentially significant issue and will be
further addressed in the EIR.
EIR Section Preparation
PMC will evaluate the project boundaries to identify potential direct and
indirect impacts to biological resources. PMC will also identify
cumulative impacts on the special stanis species and habitats and other
biotic resources potentially resulting from proposed project. Mitigation
measures will he developed in consultation with City staff.
Assumptions
• This proposed scope of work does not include reconnaissance -
level or protocol level surveys for wildlife and plant resources.
Cultural Resources
PIv1C's cultural resources experts will conduct the following analyses for
this section of the EIR:
• Peer review of archaeological and historical reports for the project;
• A visit to the project Area of Potential Effects (APE), if necessary;
• Assistance with implementing and completing Native American
consultation to comply with SB l8; and
• Completion of the cultural resources section for the
l nviromnental Impact Report (ETR) for the project area that
includes a description of the environmental setting and presents
appropriate mitigation measures.
PROJECT SCOPE
Geology and Soils
The purpose of the geological and geotcchnical analyses outlined in this
proposal will he to evaluate the site geological, geotechnical, and seismic
conditions.
The following tasks will be performed for the geology and soils section
of the FTR:
• Review readily available geologic and seismic reports and maps
pertaining to die project area.
• Review aerial photographs to gain an overview of the site and its
geomorphology.
• Review and analyze the data we have collected from our review,
and aerial photo interpretation.
• prepare the geology /seismicity/soils sections of the project FAR.
This section will be comprised of a description of the existing
environment, including recognized geo hazards; an impact section
describing identified impacts and brief impact analysis; and
development of appropriate mitigation measures. Figures and
tables will be included in our document to explain all findings.
Hazardous Materials/Public Health
While no specific development projects are planned or proposed as part
of the proposed EZ project, it is anticipated that new industrial and
commercial development, rehabilitation of existing structures for new
business, and employment growth would occur throughout the
Enterprise Zone area. This increase in development, particularly
industrial uses, may result in potential hazards associated with the
transport or use of hazardous materials. This issue is potentially
significant and will be addressed in the FTR.
The following tasks will he performed for the hazardous
materials/public health section of the LIR:
• Review Federal, State, and local hazardous material databases,
records and reports for potential hazardous conditions.
• Research historic land usage within the project area to identify
potential land uses that tnav have contaminated the arca.
• Summarize applicable federal, state, and local hazardous materials
and safety regulations and standards as they pertain to the project.
PROJECT SCOPE
• Summarize potential impacts associated with the release of
hazardous materials during a flood event.
• Review the project's consistency with applicable emergency
response plans.
• Based on the above review, identify significant public health
impacts as a result of implementation of the proposed project.
• Identify mitigation measures for any significant impacts identified.
Hydrology and Water Quality
While no specific development projects are planned or proposed as part
of the proposed EZ project, it is anticipated that new industrial and
conunercial development, rehabilitation of existing structures for new
business, and employment growth would occur throughout the
Enterprise Zone area. This increase in development, particularly
industrial uses, may result in potential water quality standards and/or
waste discharge requirements heing affected.
The project would be required to meet all applicable water quality
standards or waste discharge requirements thereby avoiding violation of
such standards or requirements. Therefore, compliance with all
standards would ensure that potentially significant impacts will be
reduced to less than significant.
The following tasks will be conducted regarding hydrology:
• Review of hydraulic analysis, preliminary drainage plans,
geotechnical investigation and geotechnical survey prepared for the
area.
• Review of agency comment letters submitted relevant to the
proposed area development.
• Review of the FEMA Flood Insurance Study, (Unincorporated
and Incorporated Areas). blooding risk and conditions will be
characterized based, in part, on existing FENIA information.
• Review of policies and standards pertaining to storm drainage that
arc relevant to this project.
• Input from staff to obtain any additional relevant information
regarding drainage conditions related drainage and flooding issues.
• Review of USGS Quadrangle maps and aerial photographs
covering the area.
P✓
PROJECT SCOPE
In the event that it is determined that the project will produce impacts
that are potentially significant, but that can be reduced to Less than
significant levels with mirigation, appropriate mitigation measures will he
specified. N itigarion measures may also include requirements for the
future completion of detailed hydrologic and hydraulic analyses and civil
design to substantiate the successful mitigation of potentially significant
unpacts.
The Scope of ('ork does not include the preparation of an independent
and separate hydrology study/report as a part of the work effort.
Land Use
Specific tasks to be completed for the land use analysis in the EIR
include the following:
• Describe the character of the region and the area surrounding the
project in terms of existing, planned and future development
patterns and land uses. identify adopted, planned and proposed
development in the project area and buildout under the respective
General Plans.
• Describe and map existing land uses and General Plan and zoning
land use designations in the vicinity of the project.
• Determine the project's consistency with all applicable General
Plan policies, Area Plan policies, Conservation Plans, development
standards and other appropriate plans and guidelines.
• Identify mitigation measures for any potentially significant land use
impacts identified.
Noise
The proposed individual projects within the designated enterprise zone
may result in short-term noise impacts associated with constniction
activities, and may cause temporary localized increases in noise levels to
noise -sensitive land uses in the project vicinity.
Areas of the Enterprise Zone that are subjected to noise levels above 65
decibels Community Noise Equivalent Level (CNEL) may be subject to
mitigation to a compatible level through barrier attenuation. Individual
development proposals would continue to undergo noise assessment
through the environmental review process. Increased development of
sites within the proposed project area may result in a substantial
alteration in the existing site conditions and the introduction of
additional noise sources.
The following tasks will he completed for the noise section of the FIR
QW
PROJECT SCOPE
• PNTC will identify the noise level standards contained in the
respective General Plan Noise Element which are applicable to
this project, as well as any germane State and Federal standards.
• Significant noise impacts will occur if the project generated traffic
results in a significant increase in traffic noise levels at existing
noise -sensitive land uses in the project vicinity. '_wise Impacts
associated with future development will be addressed as well. The
1LIR will identify practical mitigation measures to mitigate
significant noise impacts associated with the project.
This Scope of Work does not include the preparation of additional noise
analysis.
Population/Housing
Specific tasks to he completed for the population/housing analysis in the
EIR include the following:
• Describe the demographics of the region. This will include
information regarding existing population and growth trends,
housing conditions and employment.
• Review applicable General Plan and Area Plan policies,
development standards and other appropriate plans and guidelines
associated with housing. Identify the project's consistency with
the applicable housing plans, programs and ordinances.
• Estimate anticipated population growth generated by the project.
Identify any significant environmental issues associated with direct
and indirect population, such as an increased demand for
affordable housing.
• Identify feasible mitigation measures for any potentially significant
environmental impacts identified.
Public Services and Utilities
Implementation of the project may result in a significant increase in
demand for public services and utilities in the project area and may result
in level of service impacts to police, fire and emergency- service
providers.
The following tasks will be performed for the public services and utilities
section of the FIR:
• Sen-ice providers will be contacted in order to determine existing
service levels in the project area. This would include
documentation regarding existing staff levels, equipment and
PROJECT SCOPE
facilities, current service capacity, existing service boundaries, and
planned service expansions.
• Describe City policies, programs, and standards associated with the
provision of public set -ices and utilities.
• Based on the above review, identify significant public service
impacts as a result of implementation of the proposed project.
This will include an evaluation of service capacity/availability of
public services/utilities (e.g., water supply, wastewater capacity, fire
protection) under existing and fume (cumulative) conditions.
• Identify mitigation measures for any significant impacts identified.
Traffic and Circulation
Implementation of the proposed project could lead to increased
development within the proposed project area, that would in turn, result
in an increase in the number of vehicle trips the volume -to -capacity
ratio on roads, or congestion at intersections. These impacts are
potentially signuGcant and will be analyzed in the EIR, including
projections of traffic levels, emergency access, and parking capacity for
the projected levels of development related to the proposed L"L project.
• Prepare die Transportation circulation section of the LIR. This
would include a description of the existing traffic conditions in the
area, identification of level of service standards, identification of
short term and cumulative plus -project and no project scenarios,
identification of emergency access and safety impacts.
• Identify mitigation measures for any significant traffic and
circulation related impacts identified.
Mandatory Findings of Significance
PMC will utilize the analysis from the above LIR sections to complete
the .Mandatory Findings of Significance in compliance with CF.QA. This
portion of the CEQA analysis would focus on the potential for impacts
to businesses in the project area to result in blight and urban decay.
Cumulative Impacts
PMC will assess the impacts of die project in combination with other
known, approved or reasonably forese.eable development activity in the
region. This analysis will be based on a list of known projects in the
region as well as development forecasts, consistent with the CEQA
Guidelines. A clear cumulative setting will be described in the EIR.
OV)
PROJECT SCOPE
n.
The cumulative analysis will address each Topic covered in the
environmental analysis (e.g., water supply, traffic, biological resources)
and will identify appropriate mitigation measures for any cumulatively
significant impacts identified.
Other CEQA-Required Sections
The EIR will include other required sections including growth -inducing
impacts of the project, significant irreversible environmental effects and
summary of significant and unavoidable impacts of the project.
Project Alternatives
PMC will coordinate with staff in the development of up to three
reasonable alternatives ro the proposed project. These alternatives will
be described qualitatively and quantitatively, and contrasted with the
proposed project in terms of the extent that the alternatives can achieve
project objectives or reduce adverse impacts. thus analysis will be
presented in a separate chapter of the EIR.
Deliverable: Five (5) copies of the ADETR will be delivered for
internal review and comment.
TASK 3 DRAFT EIR PREPARATION AND
DISTRIBUTION
Based on comments received from staff review of the Administrative
Draft EIR under Task 2, the public Draft EIR will he prepared,
incorporating the requested changes. Fifty (50) copies of the Draft EIR
will be produced and submitted for distribution, along with a photo -
ready master and a copy on disc.
In order to save money and resources, PMC may reduce the number of
hard -copies to thirty-five (35) and prepare 15 electronic copies of the
Draft EIR and 15 hard copies of the Executive Sunnmary and bind
deliver the documents to the State Clearinghouse from our Sacramento
office.
The 45-day public and agency review period will commence once the
documents arc submitted to the State Clearinghouse and made available
for public review. It is anticipated that the Cities will distribute the Draft
EIR ro local agencies and interested parries.
Deliverable: Fifty (50) copies of the DEIR with a master copy and
a copy on CD and twenty-five (25) copies of the
I :xecutivc Summary.
PROJECT SCOPE
TASK 4 FINAL EIR PREPARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM
(MMRP)
Concurrent with the 45-day review period, PMC will review the
comment letters received on the Draft FIR and coordinate with staff to
discuss the responses. Assuming a maximum of 25 comment letters
frotn individuals and agencies, PMC will then prepare draft responses to
comments, along with an errata section containing any EIR text
revisions. Upon completion, 5 copies (or a reduced number, as directed
by staff) of the Administrative Final EIR and the MMRP will be
submitted to the respective cities for review. Rased on the comments
received from staff, final revisions to the document will be made. Fifty-
(50) copies of the Final LIR and MMRP will be submitted to for
distribution, with a photo -ready master and a copy on CD.
Deliverable: Five (3) copies of the AFL1R and MMRP.
Fifty (50) copies of the FEIR and MMRP with a
photo -ready master and a copy on CD.
TASK 5 CEQA-REQUIRED NOTICES
PMC will help prepare all required CEQA notices. This will include the
completion and distribution of the Notice of Preparation, Notice of
Completion, Notice of Availability and Notice of Determination.
PMC will work with staff to develop and publish press releases and
wcbsite postings to provide information to the public regarding the EIR
process.
Deliverable: Draft and final versions of CEQA-required notices
and press releases will be delivered to fur internal
review prior to distribution by PMC.
TASK 6 MEETINGS
PMC anticipates participation at up to five public meetings (two with the
Planning Commission, two with the City Council and one for the public
scoping meeting) in addition to periodic meetings with staff throughout
die EIR preparation process.
OPTIONAL TASK 7 CEQA FINDINGS OF FACT AND
STATEMENTS OF OVERRIDING
CONSIDERATION
This optional task would involve PMC preparing the CEQA Findings of
Fact and Statements of Overriding Consideration for certification of the
Final E11t.
PROJECT SCOPE
Deliverable: Draft and final versions of CF.QA Findings and
Statements will be delivered to the City for inremal
review and ultimate distribution. (Cost 5,000)
SCHEDULE
The following is the LIR completion schedule. The schedule provides a
expedited timeline for EIR completion, accounting for staff review
time, public review, arid current staff workloads.
Project Schedule
for the Enterprise Zone EIR
Project Task
Approx.
Weeks
Dates
2) Administrative Draft EIR
Agency Review
5 Completed
2 June 8 - June 22, 2007
4) Administrative Final EIR 1 August 14 - August 20, 2007
Agency Review 2 August 21 - September 5, 2007
FEIR 1 September 6 - September 14, 2007
6) Staff Meetings and Public Through DEIR and FEIR process
Hearings
Total 16 weeks
PMC is committed to meeting the project schedule identified above.
The PMC team assembled for this project operates out of our San Diego
office PMC's extensive knowledge of local conditions in San Diego
County and our vast experience completing projects of this nature
ensures that we will be able to complete the work effort detailed above
in a rimer- and responsible manner.
ESTIMATED COST
The total budget required by PM1C to complete the proposed scope of
work will be $90,605. The cost shall be shared between the two cities as
follows: San Diego AO% and National City 20%. While this budget is
expected to be sufficient for the proposed scope of work (which is
further defined by the assumptions listed below), any currently
unforeseen expansion of required efforts beyond the expected scope. of
work inay necessitate corresponding changes to the budget. No
additional work beyond that covered by this scope of work and budget
will be undertaken without express prior authorization.
The budget estimate is given as a "not to exceed" amount, subject to the
notes and assumptions listed below. Any additional work required
beyond the parameters described in the scope of work and/or the
following budget notes may require additional budget.
• It is assumed that the proposed project will not change
significantly once the preparation of the EIR has begun. Although
some nun. or modifications ro the project are expected, any project
modification that would result in the need for re -analysis or revised
technical studies may require additional budget
• Should additional technical reports he required because of
unknown existing conditions or inability to secure technical
reports from the applicant, additional budget may he required.
• One (1) round only of revisions is assumed for the draft
document. Should additional rounds of review be requested,
additional budget may be required. The budget assumes that any
discrepancies between comments will be resolved by the respective
Cities.
• Attendance by the project manager at two meetings with City staff
and two public hearings is included. Additional meetings or
hearings may require additional budget.
ESTIMATED COST
Project Initiation
Enterprise Zone EIR
2.0 80 0.0 00 4.0 0.0
$280 6840 50 60 5320 50
$14
$1,440
Subtotal 53 513 SO 50 $12 52 50 SO $30
TaskI 5420 51,365 50 50 5960 S130 SO 5800 53,675
2.0 12.0 10 1.0 40 6.0 0.0 00 26.0
Introductory Sections 5280 51,260 5100 5100 $320 $390 S0 S0 $2450
Agricultural Resources O G 8.0 0.0 0.0 8.0 2 0 18.0
50 $840 50 SO 5640 $130 60 51.610
Rblogical Resources 8.0 40 0 0.0 0 0 0.0 6.0 54.0
$1.120 $4.200 50 50 50 5390 5250 55.960
Geolcgy and Soils
2.0 200 0.0 0.0 80 1.0
$280 52,100 50 50 S640 $65
Hydrology ard Water 2.0 24.0 0.0 0.0 8.0 4.0
Ovally $280 52,520 50 50 S640 $260
380
S0 $3.700
10 16.0 00 0.0 80 2.0 210
5140 51,680 50 50 5640 5130 50 52.590
Public Services and 2 0
14.0 0.0 0.0 60 2.0
Dohtils 5280 $1,47G $0 SO $480 5130
Traffic and Cuaia6on 2.G 20.0 00 0.0 4.0 2.0 28.0
S280 52.100 SO 50 $320 $130 50 $2,830
Cumulative Impacts 20 150 00 00 8.0 20
and Other CEOA $280 S1575 S0 S0 S640 S130
Sections
00
Document Production 00 8.0 0 00 0.0 1
S0 50 50 SO $80 $520
W. Revise ADEIRIPrepration of DEW
27.0
53 52.625
Project Management 32.0 400 0.0 0.0 0.0 0.0 720
a40uaty Control $4,480 54.200 50 SO SO SO SO 50 58.680
IV Preparation of FEIR and MMRP
00 4.0 00 0.0 80 4.0 160
Preparation of Notras S0 5420 50 S0 5640 5260 S0 $250 $1.570
VL Meetings end Public Hearings
ESTIMATED COST
Subtotal 16 40 0 0 0 0 0 0 56 0
Task 11 $2240 $4.200 50 50 50 50 S0 5500 $6,940
Project lours 95.0 442 0 1.0 1 0 189.0 71 0 0 0 0.0 7990
Prged Cost $13.300 S46.410 5100 $100 515.120 54615 50 $10,960 $90.505
Opt.oral Task ar.a ilea:,
a0 00 0.0 00 00 0.0 0.0
SO SO SO SO S0 S0 S0 SO SO
0.0 0 0 0.0 0.0
0.0
SO SO SO S0 SO
d 'a the servxVs denalrf.x5o., iv Veid!a 120:ays.
ADDITIONAL STAFF RESOURCES
SO
l}e above list tepresents the staff which PN:C utdapares wll he required, however it is possible that the need for
additional; staid may a ie. Therefore PAIL. may assign additional stall types as necessary to cumplete the services
requred under this agreement. i:ompensation rates for additional staff riles will be determined by PVC and will
he cnr.sistent with the rate, listed herein. Assµmment of additional staff wall nnr char.gc the budge: of this
agreement, unless agreed upon by both paors with the execute -al ill an amendment
Without receiving P`I(.b written permission, cher.t ;q¢crs not to hire. retail. us contract with any employee of
IbIC who pecumu services for client un;lcr this agrrerrrnt for a proud of one year from the date tau aprre nent
LM1 terminated.
RESOLUTION NO. 2007 — 139
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
TO EXECUTE AN AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS
IN THE AMOUNT OF $91,000 TO PREPARE AND SUBMIT AN
ENVIRONMENTAL IMPACT REPORT (EIR) TO THE CALIFORNIA HOUSING
AND COMMUNITY DEVELOPMENT DEPARTMENT ("HCD") FOR FINAL
DESIGNATION OF A SAN DIEGO REGIONAL ENTERPRISE ZONE
WHEREAS, on August 31, 2006, the City of Chula Vista, the City of San Diego,
and the City of National City, (collectively the "Partners" or "Partnership"), entered into a FIRST
MOU to identify the Partnership and its intended goals, and to allocate financial responsibility for
only those consulting services necessary for the submittal of the application ("Application") to
the California Housing and Community Development Department ("HCD") for designation of a
San Diego Regional Enterprise Zone ("SDREZ"); and
WHEREAS, in the FIRST MOU dated August 31, 2006, National City agreed to
pay $25,000 to PMC to conduct the initial study and prepare the Application for the SDREZ; and
WHEREAS, on September 17, 2006, the City approved an Agreement
("Agreement") with Pacific Municipal Consultants ("PMC') to provide qualified planning
consulting services related to the submittal of the Application in compliance with the
requirements of the California Environmental Quality Act (CEQA) guidelines; and
WHEREAS, the Community Development Commission of the City of National
City (CDC) has paid $15,603.08 for PMC services included in the scope of work in the
Agreement; and
WHEREAS, on November 3, 2006, the Partnership was awarded conditional
designation of the SDREZ by HCD, effective October 15, 2006; and
WHEREAS, final designation of the SDREZ is pending a completed EIR; and
WHEREAS, the new SDREZ designation is a long-term (15 year) partnership
between local governments and private companies to generate new private sector investment
and growth, with the state providing performance -based tax credits and incentives to Enterprise
Zone businesses to: 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2)
hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward
businesses that participate in these objectives.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Agreement with Pacific Municipal Consultants in the amount of $91,000, of which CDC is
responsible for paying 20% of the costs, and San Diego is responsible for paying 80% of the
costs, for professional services to prepare and submit an Environmental Impact Report (EIR) to
the California Housing and Community Development Department.
--- Signature Page to Follow ---
Resolution No. 2007 — 139
June 19, 2007
Page 2
PASSED and ADOPTED this 19th day of June
Ron Morrison, Chairman
ATTEST:
APPROVED AS TO FORM:
3 7)
George H. "Eiser, III
Legal Counsel
Passed and adopted by the Community Development Commission of the City of
National City, California, on June 19, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, Community Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-139 of the Community Development Commission of the City
of National City, Califomia, passed and adopted on June 19, 2007.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE June 19, 2007
AGENDA ITEM NO 25
(rrEM TITLE
Resolution of the Community Development Commission (CDC) of the City of National City Authorizing
the Mayor to Execute an Agreement with Pacific Municipal Consultants (PMC) for S91,000, of which
CDC is responsible for paying 20% of the costs and San Diego is responsible for paying 80% of the costs,
for Professional Services to Prepare and Submit an Environmental Impact Report (EIR) as Required to
Receive Final Designation from the State for the San Diego Regional Enterprise Zone (SDREZ)
PREPARED BY
Jacqueline Reynoso (ext. 4293)
Community Development Coordinator
DEPARTMENT
Economic Development Division
EXPLANATION
On September 7, 2006, National City agreed to contract with Pacific Municipal Consultants (PMC) for
S25,000 to provide environmental consulting services related to the submittal of the SDREZ Application in
compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines.
This Application was given conditional approval effective October 15, 2006 through the State's IIousing
and Community Development Department. Those services totaled S15,063.
The CDC of National City is requesting to contract with PMC for $91,000 to provide the EIR required by
the State for the final designation of the SDREZ. The City of San Diego had agreed to fund 80% of the
cost, not to exceed S72,800, and the CDC of National City is requesting to fund 20% of the cost, not to
exceed $18,200.
1
Environmental Review N/A
Financial Statement The estimated cost of the EIR is $91,000. San Diego has agreed to fund 80%, not
to exceed S72,800, and National City has agreed to fund 20%, not to exceed S18,200.
STAFF RECOMMENDATION City Council Adopt a resolution authorizing the execution of an
Agreement with PMC for 91,000 to provide professional services related to submitting an EIR to the
State.
1 ATTACHMENTS
1. Background Report
2. Agreement
3. Resolution
Resolution No. rc> ovZ
A-200 (9/80)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 11, 2007
Mr. Philip O. Carter
President
Pacific Municipal Consultants
2729 Prospect Park Drive, Suite 220
Rancho Cordova, CA 95670
Dear Mr. Carter,
On June 19, 2007, Resolution No. 2007-139 was passed and adopted by the
Community Development Commission of National City, authorizing execution of
an agreement with Pacific Municipal Consultants.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
City of San Diego
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