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Home My WebLink About2009 CON Project Design Consultants - General Plan / Land Use CodeAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT DESIGN CONSULTANTS THIS AGREEMENT is entered into this 16th day of June, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT DESIGN CONSULTANTS, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a consultant to prepare the comprehensive update of the General Plan and Land Use Code and to coordinate with an environmental review consultant to be determined by the City. WHEREAS, the CITY has determined that the CONSULTANT is a multidisciplinary consulting firm qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will 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 cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 percent from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Raymond Pe 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. Christopher J. Morrow, AICP thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the 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. LENGTH OF AGREEMENT. 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 payment in full for services rendered and completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. It is expressly understood that Article 7 is intended to deal with Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents exclusively developed for the CITY by CONSULTANT and is not intended to apply to standard details, systems and specifications developed and used by CONSULTANT which shall remain the property of CONSULTANT and may be used with other projects without CITY's consent. 2 City's Standard Agreement — June 2008 revision 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement 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 to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the 3 City's Standard Agreement — June 2008 revision 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 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 14, 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 4 City's Standard Agreement — June 2008 revision authorized by that third party. This provision shall not restrict the CONSULTANT from giving notices required by law or complying with an order to proide information or data when such order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the CONSULTANT to defend itself from any legal action or claim. 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of 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 liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultants, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. 5 City's Standard Agreement — June 2008 revision 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. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 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 VI II according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties 6 City's Standard Agreement — June 2008 revision 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, 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: To CONSULTANT: Raymond Pe, AICP City of National City 1243 National City Boulevard National City, CA 91950-4301 Christopher J. Morrow, AICP Project Design Consultants 701 B Street, Suite 800 7 City's Standard Agreement — June 2008 revision San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 City's Standard Agreement — June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF IONAL CITY PROJECT DESIGN CONSULTANTS (Corporation — signatures of two corporate officers required) B on Morrison Mayor APPROVED AS TO FORM: By: / 1 (Name) Greg Shields Chief Executive Officer //Alc By: George t-f. Eiser, III (Name) City Attorney Rex Plummer President 9 City's Standard Agreement — June 2008 revision EXHIBIT A PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR SECTION IV: PROPOSED SCOPE OF WORK If selected by National City to prepare the General Plan Update, Project Design Consultants (PDC) will serve as the General Contractor in this effort. Within this capacity, PDC will work closely with City staff serving as the main writer and editor of documents to ensure consistency within the text and formatting. PDC will also assist the City with managing the project, working closely with the fellowship students and subconsultants to keep team members on task and drive the project schedule. PDC is highly capable of providing guidance and support to the fellowship students, leading public outreach efforts, preparing land use/circulation alternatives that respond to identified issues, opportunities, and constraints, and preparing a well -written, concise, easily understandable, and implementable General Plan document. The following work program identifies PDC's draft approach for completing the General Plan Update process. This approach will be modified as necessary based on input from the City. I. Start Up and Data Collection by Fellowship Students A. The Consultant Team will prepare a memorandum on data needs, including digital data files of base maps, the General Plan map, and other maps available from the City, and will meet with Planning and other technical City staff as well as the fellowship students to gather existing information. PDC will work closely with National City staff to develop a program and effectively manage the work efforts of the fellowship students to ensure delivery of high -quality and relevant work products. B. To aid in the effective and efficient assemblage of data, it may be prudent to engage the range of subconsultants to further direct and focus the activities of the fellowship students. The following are potential student assignments, which may be modified or expanded, based on student backgrounds and expertise. 1. Land Use and Housing: a. Identifying prime infill opportunities based on specific criteria (i.e. infrastructure availability, distance from the central business district or a commercial center, surrounding development, distance from a bus/transit stop, permitted density/intensity). b. Analyzing vacant and underutilized property, constraints to its development, and identifying its development potential to fulfill future residential and non- residential needs. c. Reviewing any existing or potential land use conflicts. d. Conducting a photo survey of the City. e. Researching historical and recent population, household, and employment trends, population and household growth, changes in demographic composition, labor force composition, income distribution. f. Researching existing housing needs, special housing needs, and projected housing needs (Regional Housing Needs Allocation). g. Identifying land use and zoning constraints that could affect the City's ability to provide needed housing. 2. Economic and Fiscal Analysis: a. Researching current characteristics of National City's economy, reviewing the evolution of the local economy over the past ten to twenty years, identifying sources of growth and revenue, and identifying the community's satisfaction with economic growth to date. Page IV -I Exhibit A PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR b. Conducting interviews with local real estate and business representatives, staff, Chamber of Commerce, etc. to provide insight into both constraints on future growth and opportunities available. c. Researching past and current trends regarding costs and City spending on public facilities and services and sources and distributions of different revenues. Specific attention could be focused on park and recreational amenities and government funding received for programs such as Safe Routes to School. 3. Circulation: a. Working with the traffic consultant to collect am and pm peak hour traffic counts for key City intersections. b. Contacting SANDAG, the San Diego Metropolitan Transit System, Caltrans, adjacent cities, and National City transportation staff to identify existing and potential future transportation issues and planned improvements. c. Collecting information on existing and proposed transit services and ridership statistics. d. Mapping non -vehicular circulation routes including transit routes, bicycle paths, and pedestrian trails, and identifying major barriers to pedestrian and bicycle circulation. 4. Parks and Open Space: a. Mapping the City's parks and recreational open space areas and analyzing the existing quantity in terms of City standards and Quimby Act requirements. b. Using service radii from existing parks to visually represent areas or neighborhoods which may currently be deficient or more than adequately served in terms of recreational open space. c. Mapping non -recreational open space and identifying its potential for development or preservation. 5. Historic Resources: a. Mapping and listing of cultural and historic resources currently identified by the city, state, and federal agencies. 6. Hazards: a. Identifying portions of the City estimated to be within a zone of 100-year flood inundation hazard using up-to-date Federal Emergency Management Agency (FEMA) published flood insurance rate maps or other information sources available from City departments. b. Summarizing risks to land use and development posed by flood hazards. c. Researching potential issues associated with rising sea levels. d. Mapping areas with a threat of wildland/urban interface fire hazard. 7. Public Facilities and Services: a. Evaluating conditions related to public facilities and services using available documentation and support from City staff. Page IV-2 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR b. Developing a summary description of the existing water and wastewater system including physical facilities, sources of supply, conservation programs, and planned future expansions. System capacity, current demand, and future needs should be quantified. c. Identifying major utilities, school sites, and other major public facilities. d. Working closely with the school district to identify school capacity and need. 8. Existing Conditions Report: a. Preparing the Existing Conditions Report covering all of the topics identified above, which will be drafted, reviewed, and edited by PDC as necessary. b. Evaluating the goals and policies of existing General Plan elements and the effectiveness of the policies and programs in achieving the City's current vision and objectives. c. Preparing summary maps of constraints/opportunities by synthesizing and overlying collected data to identify opportunities and constraints to development within the City. These maps should be prepared at both report and display -size scale. C. PDC will work in conjunction with the City to provide guidance to the fellowship students throughout their research efforts. To broaden the experience and education for the students involved in the fellowship program, PDC will invite the students to become a part of the PDC family, hire and compensate them for their efforts, hold informational/training luncheons utilizing PDC staff and subconsultants, and make our offices available for the students and for related use by the schools and City for the duration of the update effort. D. It is PDC's intent to involve the fellowship students in the initial public outreach efforts as well including the visioning workshops and the internet survey. If. Additional Background Research to be Conducted by Other Members of the Consultant Team A. It is anticipated that analysis beyond the capabilities of the fellowship students will be needed for the following topics. City planning programs generally do not cover the technical aspects of these subjects. However, should students with expertise in these areas be chosen for the fellowship program, these tasks can be assigned to them: 1. Traffic Analysis. Existing intersection and freeway operating conditions will be determined. Existing level of service (LOS) will be calculated on key roadways. 2. Biological Resources. An overview of biological resources will be presented including a listing of rare, threatened, or endangered species. The location of species and existing or potential habitat areas will be mapped. 3. Hydrology and Water Quality. Major water bodies and drainage areas will be mapped. Data on average precipitation, variability and design storm rainfall intensity will be presented. Areas known for soil contamination will be mapped. Generic urban area pollutant types and their sources will be documented. General groundwater conditions and groundwater quality will be summarized. 4. Archaeological and Historic Resources. Areas with high potential for discovery of additional historic and cultural resources will be identified. Page IV-3 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR 5. Geologic, Soil, and Seismic Hazards. Geologic formations and soils underlying National City will be mapped. Geologic hazard areas such as steep slopes and fault lines will be identified. Buildings and structures susceptible to damage or collapse in the event of an earthquake will be identified. Erosion potential will also be determined. 6. Noise. A monitoring survey of the noise environment will measure noise levels at strategic locations throughout National City. Existing condition noise contours will be prepared based on the monitoring survey, current traffic volume and speed, and truck traffic percentage statistics. The contours wilt also be checked against previous noise research and analysis. 7. Air Quality The existing air quality environment in terms of meteorological conditions will be analyzed and the City's and State's air quality policies will be summarized. Trends toward improved air quality will be identified. 8. Economic Development. Additional analysis of economic trends will be provided by Keyser Marston, as needed. 9. Climate Action Plan. DC&E will conduct research as necessary for preparation of the Climate Action Plan. 10. Brownfields and Hazardous Materials investigation. SCS Engineers will conduct research as necessary to identify hazardous materials sites within the City of National City and identify remediation measures. 111. Community Visioning and Initial Outreach The development of a Vision Statement will be one of the first major tasks in the General Plan Update process. The Vision Statement will outline what kind of community National City desires to be in the next 20 years and will serve as the foundation for the General Plan by setting parameters upon which the Plan's goals, policies, and objectives will be based. PDC expects that a Vision Statement will be developed through input gathered from the community at a series of neighborhood visioning workshops, an internet survey, and input gathered from the School Board, Planning Commission, and City Council. A list of strategies to encourage ample attendance and participation in the community outreach meetings is provided at the end of this work program. It is PDC's goal to engage the fellowship students the initial phases of the public outreach efforts so that they may assist with the visioning workshops and internet survey and conduct any additional research that may be required as a result of public input. A. General Plan Update Newsletter #1. 1. Based on observations from the data collection, PDC will prepare a General Plan Update newsletter to summarize significant background research and identify potential General Plan issues. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. Page IV-4 )aoM 4o edoos pasodoad PROJECT DESIGN CONSULTANTS City of National City — General Plan Update, I Land Use Codes and Master EtR B. Community Visioning Workshops. 1. In conjunction with City staff, PDC will hold public community workshops within identified City neighborhoods to establish a Vision Statement that will be used to guide preparation of the updated General Plan. 2. These workshops will also identify issues that members of the community feel to be important and that are appropriate for consideration under the General Plan. 3. The City's five guiding principles/City Council objectives (Quality of Life, Education, Health and Safety, Business, and Development) will be used to aid in the development of the vision and will be defined in consideration of the Vision Statement. 4. Background research regarding existing conditions and projected future growth will be reviewed. Regional transportation patterns as identified by SANDAG will be identified along with SANDAG Smart Growth Areas within the City. Prime infill areas identified by fellowship students and reviewed by PDC will also be examined. 5. Mandatory elements that need to be included in the General Plan and additional issues that need to be addressed such as AB32 and SB375 will be discussed. 6. Attendees of the visioning workshops may be appointed or elected to an Ad Hoc Committee/General Plan Advisory Committee composed of representatives of each neighborhood (civic, business, property owners, etc.), which will serve an important advisory role to the City. 7. A separate Youth Advisory Committee should also be formed to ensure that issues important to young people are addressed in the General Plan Update. This Committee will be provided ample opportunity to contribute to the update through a variety of meetings, workshops, and planning exercises. (Refer to Notes on the Public Outreach Program at the end of the work program for additional strategies to engage children and youth in the update process)_ 8. Representatives of the school district, school personnel, and members of parent/teacher organizations should be part of these committees as well to better inform the process. C. Community Opinion Survey. 1. After or during the initial visioning workshops, PDC will create a professional online survey which can be accessed from National City's website. Fellowship students may also be involved in this process. The benefit of such a survey is the ability to collect input from residents who may not have the desire, time, or ability to physically attend a meeting. Internet surveys are very inexpensive, easy to administer, and typically generate far greater response than public outreach meetings, which may not be well attended by a broad representation of the diversity of the population within National City. The ability to participate in the internet survey may be presented to the public through the local news media, fliers and notices posted throughout the city, announcements at local schools, Page IV-5 PROJECT DESIGN CONSULTANTS 1 City of National City — General Plan Update, I Land Use Codes and Master EIR and/or other means deemed appropriate by the City. The Internet survey may provide a better opportunity to elicit responses from youth as well. A potential by- product of this effort is a surge of interest and excitement in the project by the public, which could fuel greater attendance at future public workshops. 2. Survey questions can be drafted in both English and Spanish in an effort to overcome potential language barriers. 3. Residents who do not have personal home computers or internet access would be able to participate in the survey from public libraries, schools, or Internet cafes. D. Planning Commission, School Board, and City Council Review of draft Vision Statement. 1. Based upon the input and direction received per the above work efforts, PDC will work closely with City staff to create the formal Vision Statement that will guide and inform the remaining update tasks. E. General Plan Update Newsletter #2. 1. Based on the outcome of the Visioning Workshops and Internet survey, a second newsletter will be prepared to present the formal Vision Statement and significant issues raised by the community that will be addressed in the General Plan Update. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. IV. Plan Alternatives PDC will develop preliminary plan alternatives for several transit -oriented districts through close coordination with City staff and subconsultants to ensure consistency with the Vision Statement and initial goals and objectives. The advantages/disadvantages, opportunities/constraints, and impacts of each alternative will be analyzed to better inform the preferred plan selection. These plans will focus on specific transit -oriented districts. A. Preliminary Alternative Sketches. 1. Two land use/circulation alternatives will be defined for each transit -oriented district for review by the City. The alternatives will be sensitive to the issues, opportunities, and constraints identified in the Existing Conditions Report and the Community Workshops. The current General Plan will be considered the baseline so there is a clear reference point for comparison and residents and stakeholders are informed of the consequences of a new General Plan. B. Plan Alternatives Community Workshops. 1. After meeting with City staff and the General Plan Advisory Committees to review the alternatives, PDC will organize a second set of workshops (design charettes) with the community to review the plans. Specific issues related to the incorporation of economic development strategies, land use and community form, transportation strategies, transit and bikeway planning, environmental resources, housing, etc. will be discussed. Page IV-6 :Al uoR3eS -11 0 0 0 N Q 0 n 0 'a 0 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR C. Refined Alternative Plans. 1. PDC will meet with the City and Advisory Committees following the community workshops to discuss what revisions should be made to the plan alternatives. The alternatives will then be revised based on the outcome of these meetings. 2. The refined Alternative Plans will be presented to the Planning Commission, School Board, and City Council at either individual meetings or a joint meeting for review and comment. 3. If required as a result of input from the Planning Commission, School Board, and City Council, the alternative plans will be further refined. D. Technical Evaluation of Alternative Plans. 1. During the preparation of the plan alternatives, the advantages/disadvantages, opportunities/constraints, and impacts of each alternative will be researched and analyzed by the GPU team. Topics for evaluation include: a. Land Use, Population, and Conservation — PDC will identify impacts in terms of population, jobs/housing balance, resource preservation, healthy communities, and other factors of concern and present this information in narrative and tabular form. b. Transportation — The traffic consultant will analyze potential traffic impacts of the land use alternatives in the context of baseline traffic forecasts. Peak hour trip generation and distribution projections will be developed for each alternative. The analysis will summarize the relative congestion created by each alternative and the general level of capacity improvements that would be needed for each. c. Economic and Fiscal Impacts — The economic consultant will formulate cost and revenue equations that describe the changes in costs and revenues that result from changes in population, development, and other conditions. Consultant will review the extent to which new development within each land use would cover the cost of its own services. A summary of financing tools will be prepared describing the conditions under which they may be used along with their advantages and disadvantages. Consultant will conduct a comparative fiscal analysis of the alternatives, projecting the fiscal outcomes of new development and other changes that might be associated with the alternative plans. 2. An Alternative Plans Summary Report will be prepared summarizing the evaluation of the alternative plans. E. General Plan Update Newsletter # 3. 1. Based on the outcome of the Plan Alternatives Workshops and the meetings with the Planning Commission, School Board, and City Council, PDC will prepare a third newsletter which presents and describes the refined Plan Alternatives and briefly summarizes the results of the technical evaluation of each. Page IV-7 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR 1 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. V. Preferred Plan Selection Once the plan alternatives have been refined, PDC will work with the community to discuss and compare the alternatives and develop guidelines for a preferred plan for each transit -oriented district. These preferred plans will be closely coordinated with City staff, the advisory committees, and decision -makers. A. Preferred P/an Community Workshops. In conjunction with City staff, PDC will organize community workshops to discuss and compare the alternative plans. The results of the technical analysis of the plan alternatives will be reviewed. B. Preferred Alternative Selection. Following the community workshops, PDC will meet with City staff and the Advisory Committees to discuss community reaction to the alternatives and identify/clarify the goals and objectives to form the basis of the preferred alternatives. C. Preparation of Preferred Alternatives PDC will prepare the preliminary preferred plans. D. Decision -Maker Review of Preferred Alternative. Planning Commission, School Board, and City Council review of preferred plans. E. General Plan Update Newsletter#4. 1. The preferred alternatives will be identified in the newsletter along with a discussion of the rationale for the preferred alternatives based on the results of the technical evaluation of the alternative plans, the results of the preferred plan community workshops, input from staff and the advisory committees, and direction from decision -makers. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. VI. Draft General Plan and Council Working Meetings Council working meetings open to the public will be held throughout the preparation of the draft General Plan document in order to discuss and formalize policies that will implement the Vision and Council objectives. The five Council objectives include Development, Health and Safety, Education, Business, and Quality of Life. Goals and objectives related to each of these subjects will be presented in the relevant General Plan elements. The draft General Plan document will be closely coordinated with City staff, advisory committees, local decision -makers, and local and state agencies. A. Draft Outhne. PDC will prepare an outline and format for the General Plan and review it with City staff and the Advisory Committees. Topics that will be covered in each section will be identified. B. Council Working Meeting #1 — Development. Goals, policies, and implementation measures related to the "Development" guiding principle will be discussed. Page IV-8 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR C. Council Working Meeting #2 — Health and Safety. Goals, policies, and implementation measures related to the "Health and Safety" guiding principle will be discussed. D. Council Working Meeting #3— Education. Goals, policies, and implementation measures related to the "Education" guiding principle will be discussed. E. Council Working Meeting #4 — Business. Goals, policies, and implementation measures related to the "Business" guiding principle will be discussed. F. Council Working Meeting #5 — Quality of Life. Goals, policies, and implementation measures related to the "Quality of Life" guiding principle will be discussed. G. Draft General Plan. Work on the Draft General Plan will occur throughout the Council Working Meeting process as goals and policies are developed and formalized. We will work closely with City staff to combine required and optional elements where possible to aid in the ultimate use and function of the general plan. 1. The elements will be prepared to include all State mandated requirements. Certain elements will be combined as permitted by State law to streamline the document and as desired by the City. Optional Economic Development, Health, and Education elements will also be included in the General Plan Update. 2. It is anticipated that the General Plan will cover the following topics: a. Land Use i. Land use designations, distributions, and associated densities/intensities. ii. Distribution and availability of mineral resources iii. Distribution and location of recreational, educational, and public buildings and facilities. iv. Location of future solid and liquid waste facilities. v. Identification of areas subject to flooding. vi. Jobs/housing balance. vii. Environmental justice. viii. Universal access ix. Global climate change. x. Growth management. xi. Public facilities and services. xii. Land use diagram. b. Circulation i. Automobile, transit, pedestrian, and bicycle circulation (including universal access issues). ii. Global climate change. iii. Navigable waterways, ports, and harbors. iv. Airports. v. Parking facilities. vi. Circulation diagram. Page IV-9 SIioM Jo adoas pasodwd PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master ElR c. Conservation and Open Space i. Open space preservation (including habitat and biological conservation). ii. Parks and recreational amenities. iii. Agriculture and urban farms/gardens. iv. Green building strategies, tools, and techniques and relation to climate change. v. Alternative and potentially renewable energy sources and relation to climate change. vi. Sustainable water quality/storm water management tools and techniques. vii_ Historic and archaeological resources. viii. Drainage and erosion. d. Health, Safety, and Noise i. Relationship between development patterns and public health. ii. Partner with health officials regarding land use and development decisions. iii. Preventive medical care. iv. Nutrition, physical activity, housing quality, and other factors that influence mental and physical health. v. Air quality and health related issues. vi. Pedestrian and bicyclist safety. vii. Seismic, geologic, and soils hazards. viii. Soil and water contamination issues. ix. Fire hazards. x. Hazardous materials. xi. Flooding and drainage. xii. Rising sea levels. xiii. Emergency management. xiv. Noise. xv. Crime prevention through environmental design (CPTED). e. Housing i. Land inventory for sites suitable for residential development. ii. Potential and actual government constraints to housing. iii. Housing resources. iv. Goals, policies, objectives, and schedules of programs for the preservation, improvement, and development of housing. v. Documentation of the City's accomplishments under the programs in the current Housing Element. vi. Quantification of existing and potential housing needs. vii. Regional Housing Needs Allocation (RHNA) projections. f. Education i. Partnership with the school district. ii. Establishing a Youth Advisory Council. iii. Tools and techniques to ensure genuine youth involvement. iv. Educational programs for people of all ages. g. Economic Development i. Employment opportunities. ii. Partnering with schools and local businesses to provide job training Page IV-10 r PROJECT DESIGN CONSULTANTS I CI_ ityand ofUNational Cttyand M— aster GenerE1aRl Plan Update, I se s programs. iii. Opportunities and incentives for locally -owned businesses. iv. Social and cultural activities and programs to attract and encourage residents and visitors to support the local economy. v. Retention and expansion of industries and environmentally sustainable businesses. vi. Improvements and programs to revitalize commercial districts. h. Local Coastal Program. i. Policies related to the Local Coastal Program should be distributed throughout the General Plan. ii. PDC will assist City staff with required amendments to the Local Coastal Program to ensure consistency with the General Plan Update. Implementation and Monitoring. i. Identify and describe the range of implementation and monitoring tools and techniques. 3. The General Plan elements will contain the goals and policies that will be used by the City to guide future land use decisions. In order to ensure that appropriate actions are taken to implement the General Plan, a set of implementation measures will also be provided. For each implementation measure, the policy it supports will be identified, the City department or outside agency responsible for implementation will be delineated, and a timeframe for implementation will be provided. 4. The General Plan document will be as clear and concise as possible. It will be user friendly and easy to understand with an emphasis on providing information visually by use of photographs, graphics, tables, drawings, and maps. PDC will focus on the creation of an easily implementable general plan document. H. Administrative Draft Genera/ P/an Review. City staff and the General Plan Advisory Committees will review the Administrative Draft General Plan Elements. The Draft General Plan will also be routed to relevant local and State agencies for review. Specific timeframes set by HCD will be followed in the development of the Housing Element. General Plan Update Newsletter # 5. 1. PDC will prepare a newsletter that summarizes all of the Council Working Meetings and provides an update regarding the status of the Draft General Plan Elements. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website_ The newsletter may also be posted at local libraries and schools. Page IV-11 170 PROJECT DESIGN CONSULTANTS City of National City — General Plan Update, Land Use Codes and Master EIR VII. First Draft General Plan Community Festival A. Community Festival 1. To celebrate the Draft General Plan and elicit additional community input, a Community Festival can be held with booths and exhibit boards that identify what occurred from the beginning of the process to the development of the draft General Plan document. 2. The draft General Plan document will be available for review prior to the Community Festival through the City's website, at local libraries, and at schools. It will also be available for review at the Community Festival. 3. Community members will be given the opportunity to voice their opinions regarding the Draft General Plan at the festival. In addition, comment cards will be provided allowing people to anonymously provide input. 4. Following the Community Festival, PDC will meet with City staff and the General Plan Advisory Committees to determine what, if any, changes should be made to the Draft General Plan document based on the input received. B. Planning Commission, School Board, and City Council Review of Draft General Plan. 1. The Draft General Plan will be refined based on input from the decision -making bodies. C. General Plan Update Newsletter #6. 1. PDC will prepare a newsletter that summarizes the input received from the public, Planning Commission, School Board, and City Council and identifies any changes made to the draft document. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. VIII. Draft Master Environmental Impact Report (MEIR) A. RECON will prepare an administrative Draft Master Environmental Impact Report (MEIR) for the General Plan Update (GPU) consistent with CEQA and the requirements of the City of National City. An administrative Draft MEIR will be submitted to the City for review. Preparation of the administrative Draft MEIR will involve the following tasks: 1. Prepare a draft work plan and detailed MEIR schedule. 2. Attend up to 40 hours of meetings with city staff and project team to address issues associated with the Draft EIR. 3. Prepare a detailed Project Description for the Draft MEIR that will include a statement of the goals and objectives that will be used to help establish a range of alternatives appropriate for the General Plan. Page IV-12 )POM Jo adoas pasodo.td PROJECT DESIGN CONSULTANTS City of National City — General Plan Update, I Land Use Codes and Master EIR 4. Prepare Notice of Preparation (NOP) for distribution by city staff. Assist city staff with coordination and presentation at a Draft MEIR Public Scoping Meeting. 5. It is anticipated that the following issues will be addressed in the Draft MEIR. Evaluation of each issue will be organized to reflect an introduction/methodology, existing conditions, significance criteria, impacts, significance of impacts, and mitigation. The analyses presented in each section of the MEIR will evaluate the potential for impacts associated with the update of land uses, goals, polices, and implementation programs associated with the comprehensive update of each of the General Plan elements. Policy statements in the existing General Plan will be considered as will the proposed modifications. Recommendations will be made for the amendment of those policies to achieve the plan's goals of achieving environmental quality in the City. In addition, implementation of sustainable growth strategies within the GPU will be addressed within the appropriate sections of the MEIR. The anticipated issues to be addressed and the scope of work for the Draft MEIR include: a. Land Use: A discussion of impacts in the Draft MEIR will be based on the extent to which the proposed land use and GPU policy modifications represent significant land use and planning changes. Land use compatibility effects associated with the policy modifications will also be addressed and will be based on the noise, traffic, and air quality impacts. The analysis will reflect the updated policies in the Land Use Element and other associated General Plan Technical Studies. Recommendations for mitigation measures will be developed to reduce potentially significant land use impacts. b. Community Character/Aesthetics: A discussion of community character/aesthetic impacts will be based on the extent to which the proposed GPU policies and any land use modifications represent a significant change in the nature of the visual setting of the area and the extent to which it is compatible with neighboring uses. The analysis will be based on secondary source information including information from the corresponding element from the GPU. C. Air Quality and Greenhouse Gas Emissions: A discussion of the air quality and greenhouse gas emission impacts will be based on the various technical studies that will be prepared to accompany the GPU. The air quality analysis will also address state and federal ambient air quality standards and compatibility with adopted air quality plans for the San Diego Air Basin. d. Biological Resources: RECON will review secondary source information biological information and mapping for the City. The information will serve as the basis for the update of the Conservation and Open Space Element and as well as the Biological Resources analysis in the Draft MEIR. e. Cultural Resources: RECON will review secondary source information regarding the history and prehistory of the City. A record search will be performed at the South Coast Information Center and historic maps will be reviewed. This section of the MEIR will also incorporate the historic information provided by the fellows. The resulting information will serve as Page 1V-13 N 1MMn 0• )taoM 4o adoos pasodold PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR the basis for the update in the Conservation and Open Space Element of the General Plan as well as the Cultural Resources analysis in the Draft MEIR. f. Geology:The analysis of updated geological and seismic impacts will be based upon a technical study prepared in conjunction with the GPU. RECON will summarize the results of the geological analysis for inclusion into the Draft MEIR. g. Hazards & Public Safety: The analysis of hazards/public safety impacts (e.g., wild land fire, hazardous materials, emergency response, and seismic safety) will be based upon a variety of hazard and public safety studies that will be prepared to accompany the GPU and the resulting policies that would be incorporated into the GPU. h. Hydrology/Water Quality: The analysis of hydrology/water quality impacts will be based upon secondary source information and any relevant policy updates that are included in the update of the Conservation and Open Space Element of the General Plan. i. Noise: A discussion of the noise impacts will be based on the noise technical report study completed by RECON. The results of the noise technical report will be summarized in the Draft MEIR. J. Paleontological Resources Using existing secondary source data, RECON will assess the potential effects of the GPU on paleontological resources within the City. As necessary, mitigation procedures and protocols will be updated. k. Public Services: The Draft MEIR will address policy updates and objectives from the GPU that may affect park and recreation, police, fire, libraries, and schools throughout the City. I. Utilities: The Draft MEIR will address policy updates and objectives from the GPU that may affect water and sewer, and solid waste services throughout the City. m. Traffic/Circulation: The analysis of traffic/circulation will be based on a technical report provided by the City as well as the goals and policy updates developed for inclusion in the update of the Circulation Element. The MEIR will also incorporate policies that address public transit and multi -modal forms of transportation. 6. The Draft MEIR will also address cumulative impacts. The cumulative impact analysis for the GPU will be prepared pursuant to the CEOA Guidelines, Section 15130 and will rely on a summary of projections contained within an adopted plan or related planning documents focusing on area wide regional conditions. 7. In addition, the Draft MEIR will include the No Project Alternative {Adopted General Plan) as well as two alternatives identified to lessen adverse environmental effects. RECON will work with city staff, the planning consultant, and other appropriate consultants in developing the appropriate the alternatives to be considered in the MEIR. For each alternative, a detailed impact analysis of Page IV-14 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR each MEIR issue will be addressed. A matrix comparison of impacts of each alternative relative to the proposed General Plan will be included in the Draft MEIR. 8. The Draft MEIR will also include other mandated sections including an executive summary, introduction, project description, environmental setting, growth inducement, a statement of effects found not to be significant, significant irreversible environmental changes, references, and a list of organizations and person consulted. 9. Provide 3 copies and an electronic version of the Draft MEIR and accompanying technical reports to the City. 10. Prepare a Draft Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting Program will contain a list of the mitigation measures and monitoring programs required for each aspect of the project. Note: The Draft General Plan will be reviewed in conjunction with the EIR and refined to ensure consistency and that mitigation measures are folded into plan polices. IX. Revisions to the Draft MEIR A. Based on comments received from the City of National City, RECON will prepare a revised Draft MEIR and submit copies of the revised Draft MEIR to the City for review. Preparation of the revised Draft MEIR will involve revisions to the project description, issues of analyses, cumulative impact analyses, alternatives, and other mandated sections. Preparation of the revisions to the Draft MEIR will involve the following tasks: 1. Prepare revisions to the NOP based on comments from city staff. 2. Attend up to 24 hours of meetings with city staff to address issues and comments associated with the Draft MEIR. 3. Review staff comments on the first Draft MEIR submittal. 4. Revise the Draft MEIR based on comments from city staff and provide a letter that accompanies the resubmitted summarizing the revisions that have been made to the MEIR. 5. Provide 3 copies and an electronic version of the revised Draft MEIR and accompanying technical reports to the City. 6. Revise the Draft Mitigation Monitoring and Reporting Program. X. Public Review of Draft EIR A. Based on comments received from the City, RECON will prepare a revised Draft MEIR for final check prior to public review and submit copies of the revised Draft MEIR to the City for final review. Preparation of the revisions for the public review Draft MEIR will involve revisions to the project description, issues of analyses, cumulative impact analyses, Page IV-15 cn n 0 }IaoM j.o ado3S pasodoad PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR alternatives, and other mandated sections. Preparation of the revisions to the Draft MEIR will involve the following tasks: 1. Attend up to 8 hours of meetings with city staff to address issues and comments associated with the Draft MEIR. 2. Review staff comments on the revised Draft MEIR submittal. DE2050 3. Prepare the final revisions to the Draft MEIR based on comments from city staff. 4. Provide 3 copies and art electronic version of the public review Draft MEIR and accompanying technical reports to the City for a final check before public review. DE1120 5. Revise the Mitigation Monitoring and Reporting Program to be consistent with the public review Draft MEIR. 6. Prepare editorial revisions to the public review copy of the Draft MEIR based on to the final check by City staff. 7. Provide CD copies of the Public Review Draft MEIR to the City of National City for public review distribution. XI. Second General Plan Community Festival A. Community Festival 1. While the draft MEIR and draft General Plan are out to public review, PDC will organize a second community festival to elicit input and better integrate the EIR process into the General Plan Update. Both the draft MEIR and draft General Plan documents will be available for review at the festival. In addition, booths and exhibit boards that identify what occurred from the beginning of the process to the development of the draft General Plan document and draft MEIR will be displayed. Summaries of the major components of the draft MEIR and draft General Plan document will be provided. Any changes that may have occurred to the draft General Plan document since the previous festival as a result of components of the draft MEIR will be identified. 2. The draft MEIR and draft General Plan document will be available for review prior to the Community Festival through the City's website, at focal libraries, and at schools. It will also be available for review at the Community Festival. 3. Community members will be given the opportunity to voice their opinions regarding the draft MDR and draft General Plan at the festival. In addition, comment cards will be provided allowing people to anonymously provide input. B. General Plan Update Newsletter #7. 1. PDC will prepare a newsletter that summarizes the results of the second community festival. Page IV-16 2.0 )faoM 4o adoas pasodoad PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. XII. Final EIR A. After the close of public review, RECON will respond to comments on the Draft MEIR and prepare an administrative Final MEIR. This report will be submitted to the City for review. Preparation of the administrative Final MEIR will involve the following tasks: 1. Attend up to 16 hours of meetings with city staff review the letters of comment on the public review Draft MEIR. 2. Compile and organize comments received during public review. FR,ao 3. Prepare draft responses to comments received during public review. This task is based on an estimate of 25 comment letters, not to exceed 200 comments. Should additional comments be received or additional technical analysis be required to respond to those comments that will be completed as an additional effort to this authorization. 4. Based on the review by the City, RECON will revise the responses to comments and produce the Final MEIR. 5. Prepare CEQA Draft Findings and Statement of Overriding Considerations. Information needed to support the Findings/Statement of Overriding considers will be provided by the city of National City. 6. Prepare a final Mitigation Monitoring and Reporting Program. 7. Provide CD copies of the Final MEIR to the City for distribution. XIII. Form Based Zoning Code A. PDC will develop a Form -Based Code consistent with SANDAG policies and previous experience preparing form based codes. Background research to aid in the development of the Form Based Code will occur in conjunction with fellowship students and will include a photo survey of the City, reviewing existing regulatory conditions, and examining and analyzing existing and planned development patterns. 1. Prepare Form -Based Code document with sample images; illustrations, sections, and plan; tables; and text as needed with the following components: a. Transect Zones i. Overview/Definition ii. National City Transect Zones iii. Land Use Standards by Transect Zone b. Site and Building Design i. Building Types and Building Heights ii. Frontage Types iii. Building Setbacks/Building Placement Page lV-17 O )I1oM to adoos pasodoid PROJECT DESIGN CONSULTANTS 1 City of National City — General Plan Update, I Land Use Codes and Master EIR iv. Encroachments v. Parking Requirements and Placement vi. Landscape Standards vii. Architectural Styles c. Circulation/Mobility i. Classifications/Hierarchy ii. Street Network Plan iii. Block Requirements iv_ Street and Sidewalk Design v. Bicycles and Bicycle Network Plan vi. Transit Design and Transit Network Plan vii. Traffic Calming d. Public Spaces i. Open Space Network Plan ii. Plazas, Squares, Greens, and Parks iii. Street Trees and Streetscape e. Parking i. Surface Parking ii. Structured Parking iii. Parking Reduction Strategies f. Signage i. Sign Types ii. General Requirements iii. Size, Amount, and Location iv. Prohibited Signs v. Nonconforming Signs g. Sustainable Design i. Climate and Environmentally Sensitive Site Design ii. Climate Appropriate Landscaping iii. Stormwater Retention and Infiltration (LID) iv. Building Materials v. Water and Energy Conservation XII. General Plan and Zoning Adoption Hearings and EIR Certification )IaoM 4o adoos pesodoad A. Public Hearings. Consultant Team will work closely with City staff and stakeholders to help ensure a strong level of community participation and preparation of high -quality staff reports in the adoption hearings for the General Plan Update, Form Based Zoning Code, and EIR certification. B. Final General Plan. Following adoption, PDC will prepare a final version of the General Plan with a title page reflecting the action of decision -makers. PDC will also provide a final version of the Form Based Zoning Code. Both documents will be submitted in electronic format suitable for posting on the City's website. Page IV-18 r PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR Notes on the Public Outreach Program: To encourage community input as well as high levels of attendance and participation at the Community Workshops, the following strategies may be employed: 1. Advertise public outreach meetings through fliers posted around town and partner with local community groups to have email blasts sent to their members. 2. Get the local news media involved — have meeting times published in newspaper articles or advertised via local news television and/or radio shows — this is in addition to any required Brown Act public notices. 3. Whenever possible, conduct public meetings at venues within neighborhoods rather than exclusively at City Hall. Existing school and community centers are appropriate sites in this regard. 4. Utilize TurningPoint technology to provide real-time responses to survey questions presented in PowerPoint presentations and provide a voice to those who are reluctant to speak up at the meetings. 5. To encourage children and youth to participate, make announcements at schools regarding the opportunity to participate in the public outreach meetings. 6. Send home fliers with students encouraging parents to bring their children to the public outreach meetings. 7. Partner with schools and have teachers offer extra credit for students that participate because they will be learning about local government processes. 8. Make meetings interesting and fun. 9. Offer small prizes/incentives to encourage students to participate at community meetings. 10. Provide hands-on activities such as having students map their routes to school (via auto, foot, or bike), identify on maps with stickers areas that they like and dislike, where they feel safe and unsafe, etc. PDC will utilize existing programs provided by APA and ULI to inform these activities. 11. Conduct individual or small group interviews with students to determine what they would do to improve the community. 12. Go on a walking tour through certain areas of the City with children and youth and have them point out places that require improvements and places that they like and use. 13. Provide children and youth with disposable cameras and have them photograph places that they like/dislike. Ask them to share and explain their photographs. 14. Include a Zink on the City's website that provides updates regarding the process and allows people to make comments at any time. 15. Keep a comment matrix which lists every comment received, the source of the comment, staff's recommendation, and the Planning Commission's and City Council's action on each comment. Page IV-19 City of National City Comprehensive General Plan Update, Land Use Code, and Master EIR Proposed Schedule ID Task Name Duration I Start I 12009 2010 12011 Qtr 1 1 Qtr 2 I Qtr 3 1 Qtr 4 I Otr 1 Otr 2 Qtr 3 J Qtr 4 Qtr 1 Qtr 2 Qtr 3 1 Qtr 4 1 Meeting with Chris, Brad, and Kristine City Council Meeting - Awarding of contract Research conducted in conjuction with Fellowship Students City Council Meeting -Student presentation City Council Meeting - Action taken on direction of General Plan Update Visioning Workshops Internet Survey Conceptual Land Planning of TOD Districts Preferred Plan Selection Council Working Meetings Draft General Plan Preparation, Economic Development Strategy, Climate Action Plan, Energy and Sustainability Study Form Based Code Environmental Impact Report Adoption Hearings 0 days 0 days 10 wks 0 days 0 days 1 mon 1 mon 2.5 mons 1 mon 3 mons 12 mons 12 mons 12 mons 1 mon Fri 6/5/09 Tue 6/16/09 Mon 6/22/09 Mon 8/17/09 Tue 9/1/09 Wed 9/2/09 Wed 9/2/09 Wed 9/30/09 Fri 12/11/09( Mon 1/18/10 Mon 1/18/10 Mon 12/20/10 Mon 12/20/10 Mon 11/21/11 11 016/5 4 6/16 "" 1 p 13/17 NO9/1 iiiiiiniV1 2 3—Background 4— 5 6 _..." 7. 8 —___ 9 10 11 12 13 14 i Project: Schedule 6.4-09.mpp Date: Thu 6/4/09` Task Split Progress 9 Milestone Summafirmougolomminaminic Project Summary"" p Extemal Tasks Extemal Milestone N. Deadline y y w. Page 1 PROJECT DESIGN CONSULTANTS File: 3778.00 June 9, 2009 Mr. Raymond Pe, AICP CITY OF NATIONAL. CITY 1243 National City Boulevard National City, CA 91950-4301 701 B STREET, SUITE soo SAN DIEGO, CA g21o1 619.235.6471 TEL 619.234.0349 FAX W W W.PROJ ECTDESIGN.COM SUBJECT: National City General Plan Update, Land Use Code, and Master Environmental Impact Report General Fee Schedule Dear Ray: The scope of work for the above -referenced project has been submitted under separate cover for inclusion within Exhibit 'A' of the contract the City will have with Project Design Consultants. The fee schedule for Project Design Consultant's overall work effort will be: • $20,000 per month for the 30 month duration of the General Plan Update. • This fee does not include pass -through costs associated with the student fellows, other project subconsultants or consultants, and typical project -related expenses. • For the first three months of the project schedule (June 2009 through September 2009) we estimate that the student fellows program will cost approximately $20,000 per month. From Project Design Consultants understanding, this will lead to an approximate total cost for the first three months of the project of $120,000. • At this time, no other consultants or subconsultants are being engaged by Project Design Consultants. It is our understanding that we will likely need to formally engage them on or about September 22, 2009. When the full project team is engaged, we will prepare detailed scopes of work, schedules, and budgets. • The environmental consultant will contract directly with the City of National City. Thank you very much for the opportunity to be of service. We are eagerly looking forward to working with the City of National City to create an award -winning, dynamic, and durable Updated General Plan, Land Use Code, and Master EIR. As always, please contact me directly (619 997- 3511) if 1 can be of any further assistance in this matter. Sincerely ours, Christopher J. Morrow, AICP Senior Vice President/Director of Planning R:1WPICONTRACT1370053778 Exhibd'A' Letter.doc SAN DIEGO • PHOENIX • TEMECULA • BAKERSFIELD ACORDr, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDJYY) 05/28/09 PRODUCER 0A99520 Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 Jeffrey W. Cavignac, CPCU,RPLU 1-619-234-6848 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 INSURER A: Travelers Property Casualty Company ------------------------- INSURERB:American States Tnsurance Company INSURERC:The Travelers Indemnity Company of INSURERD:XL Specialty Insurance Company of America Connecticut INSURED Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 I I INSURER E: COVERAGES THE ANY MAY POLICIES. INSR LTR POLICIES REQUIREMENT, PERTAIN, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TERM OR CONDITION OF ANY CONTRACT OR OTHER THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID NAMED ABOVE DOCUMENT WITH IS SUBJECT CLAIMS. POLICY EFFECTIVE DATE (MMfDD/YYI FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIRATION DATE (MMIDDIYYI PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS TYPE OF INSURANCE POLICY NUMBER A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE l—XJ OCCUR 6804775L330 09/01/08 09/01/09 EACH OCCURRENCE FIRE DAMAGE (Anyone fire) S 1,000,000 5 1, 000, 000 MED EXP (Any one person) PERSONAL&ADV INJURY_ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S 10, 000__ S 1,000,000 Y S 2,000,000 �- X No Deductible X GEN'L Separation of Insureds AGGREGATE LIMIT APPLIES PER: POLICY I X 1 j ROT- f 1 LOC S 2,000,000 B AUTOMOBILE LIABILITY ...— X 1 ANY AUTO I ALL OWNED AUTOS ...__..1i 'SCHEDULED AUTOS --J HIRED AUTOS __I NON -OWNED AUTOS .___ 01CH92544810 09/01/08 09/01/09 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) s1,000,000 S S S PROPERTY DAMAGE (Per accdent) GARAGE -- LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT S S $ OTHER THAN EA ACC AUTO ONLY: AGG EXCESS _1 LIABILITY - EACH OCCURRENCE AGGREGATE S S___ S S S C WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY UB7087Y429 09/01/08 09/01/09 J WC STATU• OTH- X_1S9RY1t1r111S ___ B E.L.EACHACCIDENT E.L.DISEASE - EA EMPLOYEE E.L.DISEA$E-POLICY LIMIT — 1, 000, 000 $_ !^ S 1,000,000 _ $ 1,000,000 D OTHER Professional Liability Claims made, defense costs included w/in limit DPR9614444 09/01/08 09/01/09 Each Claim 52,000,000 Aggregate S4,000,000 Per Claim Deduct. s100,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is Additional Insured with respect to General Liability per attached and Auto Liability included in policy form. Waiver of Subrogation applies to Workers Compensation per attached. General Plan Update CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 days NOC for non-payment of premium. City of National City Ginny Orcutt 1243 National City Blvd. National City, CA 91950-4301 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL girlbtX9WFICY4 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUXX76i(i,11FISXISIXOCbVhlXXX 410151WIII X MIONtICX=(X IKiOXSMMIYAg7 VO 7QX ILIOMXOCif=NYSI4SA[X watoupwfmgpcxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) DOREENOR 12060093 o ACORD CORPORATION 1988 POLICY NUMBER: 6804775L330 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 II): 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 Ill) 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 CG D3 81 09 07 insurance that is 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 MINIM Safeco Insurance COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION II — LIABILITY COVERAGE — A.1. WHO Policy Condition is replaced by the following: IS AN INSURED provision is amended by the addition of the following: TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION 11 — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. b. 60 days before the effective date of cancellation if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an 'insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". (3) (5) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Salem and the Saleco logo are registered trademarla of Saleco Gorpo,at ion CA 71 10 03 07 Page 1 of 6 EP r. in.,n.oar"rrni.nn ,.rnco.r (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section 1I — LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as "insureds" under Section II — LIABILITY COVERAGE — A.1.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered 'loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 6. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section 111 — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; Page 2 016 C-10-20-PA INTQ11-0111-0O50-r c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or Tess gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION HI — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas American States Preferred Insurance Company h. Safeco Insurance Company of Illinois g. LOAN/LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the `loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. Transfer or rollover balances from previous loans or leases. Final payment due under a "Balloon Loan". The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". Security deposits not refunded by a lessor. All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage it the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 of 6 EP LJI. V,.A AIN TMI J11 7.f111Sl _F "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including menial anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage: Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you aro legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. E. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If '9oss" is caused by theft, this number of days is added to the number of days it takes to Locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4ot6 0-10-20-PRI07001-011?-0052-E UNWIRE MmoNMAU MEOWS Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for `loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the 'loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. if Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for 'loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss' to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to 'loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. 11 'loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 'loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay tor, repair, CA 71 10 03 07 Page 5 of 6 EP r.,h9n.00,"Tm,.M t,-rrntr return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. SECTION V — DEFINITIONS is amended by adding the following: Page 6 of 6 Q. R. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. C.W 20.PRINTW1.01t 7.0054-E TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: Ue7087Y429 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 INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. RESOLUTION NO. 2009 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE AMOUNT NOT TO EXCEED $600,000 FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE WHEREAS, on March 21, 2009, the City Council held a public workshop, including a staff presentation of a conceptual approach for the comprehensive update of the General Plan; and WHEREAS, on April 21, 2009, requests for qualifications were distributed to fourteen consultant firms, of which five responded by the deadline of May 7, 2009, with statements of qualifications; and WHEREAS, on May 21, 2009, staff interviewed three qualified firms and toured their proposed work space for the project; and WHEREAS, on June 2, 2009, the City Council directed staff to prepare a resolution and an agreement for consultant services with the selected consultant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City and Project Design Consultants for the comprehensive update of the General Plan and Land Use Code. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: /1 Mich el R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on June 16, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C e al City, California rk of the City of ation By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-145 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT r MEETING DATE June 16, 2009 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE AMOUNT NOT TO EXCEED $600,000 TO PROVIDE CONSULTANT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE. DEPARTMENT Raymond Pe, AICP 336-425 Community Development EXPLANATION On June 2, 2009, the City Council directed staff to prepare a resolution and an agreement for consultant services for the comprehensive update of the General Plan and Land Use Code. The proposed resolution would authorize the Mayor to execute the agreement with Project Design Consultants, the recommended consultant. A request for qualifications was distributed to 14 consultant firms, of which five responded with statements of qualifications. Four firms were invited to interview and submit proposals; three firms accepted. Staff conducted interviews at each consultant's office and toured their proposed work space that is required to be dedicated for the City's use for the duration of the process. The recommended consultant was selected based on criteria including qualifications, approach, scope of work, and budget. Environmental Review An Environmental Impact Report will be prepared pursuant to the California Environmental Quality Act under a separate contract with a consultant to be determined by the City. Financial Statement Establish appropriations in the amount of $600,000 in account 159-445- 468-213-0000 for FY13q/lpestimated expenditures Approved By: k 44 c4-fr Finan a Directo Account No. 159-445-468-213-0000 STAFF RECOMMENDATION Adopt the resolution authorizing the Mayor to execute the agreement for consultant services. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Agreement A-200 (9/99) 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 June 29, 2009 Mr. Christopher J. Morrow Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 Dear Mr. Morrow, On June 16th, 2009, Resolution No. 2009-145 was passed and adopted by the City Council of the City of National City, authorizing execution of Agreement with Project Design Consultants. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Community Development Commission ® Recycled Paper