Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet Document 6-2-15
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ,- CALIFORNIA NATIONAL C!Ty lNCORpORATR RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JUNE 2, 2015 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of CC/CDC-HA Agenda 6/2/2015 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 6/2/2015 - Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. American Lung Association - First Responder Awards (Teresa Contreres) 2. Presentation of Award - American Planning Association San Diego Section 2015 "Comprehensive Plan Award for Small Jurisdiction" - National City SMART Foundation Plan (Engineering/Public Works) 3. 4th Annual "Career Pathways to Success" Job Fair (National City Chamber of Commerce and South County Career Center) 4. Impact of Executive Order from Governor Brown regarding drought and water usage restrictions (Engineering/Public Works) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 5. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of May 5, 2015. (City Clerk) 7 Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $80,000 for FY2014 and $80,000 CC/CDC-HA Agenda 6/2/2015 — Page 4 for FY2015 by the Sweetwater Union High School District, for a two-year total of $160,000 for Police School Resource Officer Services. (Police) 8. Resolution of the City Council of the City of National City authorizing the installation of 60 feet of red curb "No Parking" on the north side of E. 4th Street, east of Clairmont Avenue, to enhance visibility and egress onto E. 4th Street (TSC 2015-06). (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue, adjacent to the rear access gate of Olivewood Elementary School (TSC 2015-07). (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 127 Laurel Avenue (TSC 2015-08). (Engineering/Public Works) 11. Warrant Register #43 for the period of 04/15/15 through 04/21/15 in the amount of $889,689.68 (Finance) 12. Warrant Register #44 for the period of 04/22/15 through 04/28/15 in the amount of $1,550,999.61 (Finance) 13. Temporary Use Permit — 24th Annual Automobile Heritage Day Car Show & Festival hosted by the National City Chamber of Commerce at Kimball Park on August 8, 2015 from 9 a.m. to 3 p.m. This is a National City co - Sponsored event per City Council Policy No. 804.(Neighborhood Services) 14. Temporary Use Permit — American Cancer Society's "Relay for Life of National City" at Kimball Park from August 15, 2015 starting at 9 a.m. and concludes August 16, 2015 at 9 a.m. This is a City co -sponsored event pursuant to City Council Policy #804. (Neighborhood Services) 15. National City Sales Tax Update Newsletter - Fourth Quarter 2014 (Finance) PUBLIC HEARINGS 16. Continued Public Hearing — Proposed Street Vacation of a segment of A Avenue located south of East 28th Street and north of East 29th Street *Continued from City Council Meeting of March 17, 2015* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) 17. A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City CC/CDC-HA Agenda 6/2/2015 — Page 5 residences and businesses by EDCO Disposal Corporation. (Engineering/Public Works) 18. Public Hearing — Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties Parcel Numbers 556 314 04 00, 427 K Avenue National City; 556 553 15 00, A Avenue, National City; 557 380 24 00, 2104 E 12th Street, National City; 558 320 21 00, Rachael Avenue, National City; 558 320 22 00, 2112 Rachael Avenue, National City; 564 010 55 00, Fenton Place, National City; 564 261 21 00, 3237- 3239 Alta Drive, National City; per National City Municipal Code 9.12.020 — Public Nuisance Declared — Weeds and Other Flammable Materials. (Fire) 19. Public Hearing - Confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2015/16. (Planning) ORDINANCES FOR INTRODUCTION 20. An Ordinance of the City Council of the City of National City Amending Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays (Applicant City -Initiated) (Case File 2015-07 A) (Planning) 21. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Sections 15.70.010, 15.70.020, 15.70.025, 15.70.065, 15.70.075, and 15.70.140 of Chapter 15.70 (Grading). (Engineering/Public Works) 22. An Ordinance of the City Council of the City of National City amending Title 14, Chapter 14.22, Storm Water Management and Discharge Control of the National City Municipal Code. (Engineering/Public Works) 23. An Ordinance of the City Council of the City of National City amending Chapter 6.04 of the National City Municipal Code by adding new Section 6.04.210 requiring businesses to participate in the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 24. A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) CC/CDC-HA Agenda 6/2/2015 — Page 6 25. Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2015/16. (Planning) 26. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Kimley-Horn and Associates, Inc. to increase the not -to -exceed amount of the Agreement by $900,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach (funded by various CIP projects). (Engineering/Public Works) 27. A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. (Engineering/Public Works) NEW BUSINESS 28. Status report and seeking direction on negotiations for a Lease/Operating Agreement with GB Capital Holdings, LLC (Pier 32 Marina) for the operation of the Waterfront Adventure Center. (Community Services) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 29. Update on Community Service Day held on April 25, 2015. (Community Services) 30. Recap of the Green Street Tour. (Community Services) 31. Report on the upgrade and deployment of the Library's new public computers. (Library) CC/CDC-HA Agenda 6/2/2015 — Page 7 MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City - Tuesday - June 16, 2015 - 6:00 p.m. - Council Chambers - National City, California 2015 CITY COUNCIL SUMMER LEGISLATIVE RECESS July 7 July 21 City Council Meeting — Suspended City Council and Parking Authority Meeting — Suspended The Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City on Tuesday - August 2, 2015 is scheduled to be held at 5:00 p.m. pending approval of the City Council to accommodate "National Night Out". CC/CDC-HA Agenda 6/2/2015 — Page 8 The following page(s) contain the backup material for Agenda Item: American Lung Association - First Responder Awards (Teresa Contreres) ITEM NO. 6/2/15 AMERICAN LUNG ASSOCIATION AWARDS RECOGNIZES FIRST RESPONDERS (FIRE) CC/CDC-HA Agenda 6/2/2015 — Page 10 The following page(s) contain the backup material for Agenda Item: Presentation of Award - American Planning Association San Diego Section 2015 "Comprehensive Plan Award for Small Jurisdiction" - National City SMART Foundation Plan (Engineering/Public Works) ITEM NO 6/2/15 5 PRESENTATION OF AWARD American Planning Association San Diego Section 2015 "Comprehensive Plan Award for Small Jurisdiction" National City SMART Foundation Plan (Engineering/Public Works) CC/CDC-HA Agenda 6/2/2015 — Page 12 The following page(s) contain the backup material for Agenda Item: 4th Annual "Career Pathways to Success" Job Fair (National City Chamber of Commerce and South County Career Center) REPORT TO CITY COUNCIL 4th, Annual. "Career• Pathways to Success" Job Fair Presented by the National City Chamber of Commerce and South County Career Center Report prepared by Jacqueline L. Reynoso, President/ CEO National City Chamber of Commerce .15 June 2, 20 R ii:PORT TO CITY COUNCIL 4th. Annual "Career Pathways to Success" Job Fair SUMMARY The National City Chamber of Commerce partnered with the City of National City, the Small Business Development Center, and the South County Career Center, Business Services division to deliver the 4th Annual "Career Pathways to Success" Job Fair. The job fair was held at the Martin Luther King Jr. Community Center located at 140 East 12th Street, National City, CA 91950. The event date was Tuesday, April 14, 2015. Close to 500 job seekers attended the job fair. Based on a sample of respondents, 13% of the job seekers were National City residents. Compared to last year, we saw a 6% decrease in job seekers from National City. However, we saw a 33% growth in total participants from 2014. Booth participation has also increased from 60 exhibitors in 2014 to 75 participating in 2015. "National City is taking a proactive approach to reduce the City's unemployment rate. We are working to create a thriving community by connecting residents to employment opportunities. The city approved this annual job fair as a city co -sponsored event due to its success and impact in our community." -Leslie Deese, City Manager, National City Since the job fair's inception in 2011, the City's unemployment rate has dropped significantly from 20% to 6.5% in 2015. And, Future job growth is projected at 30.2% according to the Bureau of Labor Statistics. This job fair is organized annually to promote job creation and economic development in National City. Seventy-five (75) area employers from the healthcare services, hospitality sector, automotive, maritime industry, retail, as well as other key industry sectors participated in the job fair. Employers offered employment opportunities for over 1,500 local jobs. We welcomed 11 resource agencies to provide technical assistance, career development, on site resume review, one on one career training consultations, introductions to training programs, and volunteer opportunities. The Small Business Development Center at Southwestern College hosted the onsite Entrepreneurship Center (EC). The EC featured representatives from five (5) economic development agencies including the ACCION San Diego; SBDC Entrepreneur Library; SCORE; Center for International Trade; and Connection 2 Work. Page 12 °0 June 2, 2015 NATIONAL CITY, CA UNEMPLOYMENT RATES Since 2005, the unemployment rate in National City has ranged from 7.5% in April 2006 to 20.6% in January 2010. The current unemployment rate for National City is 6.5% as reported in March 2015. The National City Chamber of Commerce initiated collaborations with key community partners in 2011 to implement an annual job fair accessible to National City residents. The first job fair was held on April 5, 2012. Since the job fair's inception 4 years ago, the City's unemployment rate has decreased by 13.5%. Month/Year National City, CA% 1/2015 7.3% 2/2015 6.8% 3/2015 6.5% 4 / 2015 California% National % 7.0% 5.7% 6.7% 5.5% 6.5 % 5.5% 5.4% Month/Year National City, CA% California% National % 1 / 2014 2/2014 3/2014 4 / 2014 5 / 2014 6 / 2014 7 / 2014 8 / 2014 9 / 2014 10/2014 11 /2014 12 / 2014 Month/Year 1 /2013 2 / 2013 3 / 2013 4 / 2013 5/2013 6/2013 7 / 2013 8 / 2013 9/2013 10 / 2013 11 / 2013 12 / 2013 13.8% 8.1% 6.6% 13.7% 8.0% 6.7% 13.6% 7.9% 6.6% 13.7% 7.8% 6.2% 13.5% 7.6% 6.3% 12.1% 7.5% 6.1% 13.1% 7.4% 6.2% 12.3% 7.4% 6.1% 11.7% 7.3% 5.9% 11.6% 7.2% 5.7% 11.5% 7.2% 5.8% 10.3% 7.1% 5.6% National City, CA% California% National 16.5% 10.3% 7.9% 15.6% 9.7% 7.7% 15.2% 9.4% 7.6% 14.1% 8.7% 7.5% 14.2% 8.6% 7.6% 15.2% 9.2% 7.6% 15.5% 9.4% 7.4% 14.9% 8.9% 7.3% 14.3% 8.5% 7.2% 14.4% 8.5% 7.3% 13.7% 8.2% 7.0% 12.8% 7.9% 6.7% Month/Year National City, CA% 1 /2012 18.3% 2/2012 18.1% OA California% National 11.4% 8.3% 11.3% 8.3% Page 13° 3/2012 4 / 2012 5 / 2012 6 / 2012 7 / 2012 8 / 2012 9/2012 10/2012 11 / 2012 12 / 2012 Month/Year 1/2011 17.9% 16.6% 16.9% 17.8% 18.3% 17.6% 16.4% 16.5% 15.9% 15.5% National City, CA% 19.9% 11.1% 10.3% 10.2% 10.7% 11.0% 10.5% 9.7% 9.7% 9.5% 9.6% California% 12.6% Source: U.S. Bureau of Labor Statistics and homefacts.com PARTNERSHIP June 2, 2015 8.2% 8.1% 8.2% 8.2% 8.2% 8.1% 7.8% 7.9% 7.8% 7.8% National 9.1% This job fair was made possible through the generous support of numerous community partners and business leaders. Supporters include 14 organizing committee members, 4 community partners, 6 fiscal sponsors, 5 media sponsors, 75 employers, 11 resource partners, 5 business development agencies, and 30 volunteers. Committee Members • Adonna Aubry-Slay, South County Career Center • Armando Rodriguez, National City Chamber of Commerce • Armando Rubio, South County Career Center • Carla Holland, Small Business Development Center • Carol Wiley, Small Business Development Center • Diana Plazola, National City Chamber of Commerce • Diane Rose, South County Career Center • Enemias Rocha, South County Career Center • Jacqueline Reynoso, National City Chamber of Commerce • Lauren Maxilom, City of National City • Monica Rosas, National City Chamber of Commerce • Mona Rios, City of National City • Paula Duarte, South County Career Center • Stephanni Casas, National City Chamber of Commerce Community Partners • National City Chamber of Commerce • City of National City • South County Career Center • SWC Small Business Development Center Page 14© June 2, 2015 Sponsors To help cover event costs, the National City Chamber of Commerce secured financial support from the following chamber members. This job fair is unique in that we breakfast and lunch to all participating employers. In 2015, City Council adopted the Career Pathways to Success Job Fair as a City Co -Sponsored event, waiving up to $1,500 in permit fees. • City of National City • Foodland • National City Tourism & Marketing District • South County Business Services • Paradise Valley Hospital • Entravision San Diego • Recuerdo 102.9 • La Nueva 106.5 • SDG&E • Filipino Press • KISS FM Employers National City employer, Marine Group Boat Works, and other regional employers including Rady Children's Hospital, Home Depot, and Wal-Mart offered employment opportunities from high tech to manufacturing positions, to entry level retail and hospitality. Of the 75 participating employers, 30 (40%) were National City based companies. The list below includes all participating agencies categorized under industry sectors. Healthcare (8) American Medical Response Plaza Personnel Rady Children's Hospital ResCare Home Care San Ysidro Health Center Accent Care Fredericka Manor Retirement Community VA Balboa Hospital Maritime and Automotive (9) Pasha Automotive Marine Group Boat Works Select Staffing Propulsion Controls Engineering AIT Marine BAE Systems San Diego Ship Repairs South Bay Sandblasting & Tank Cleaning NAASCO NCS Technologies Hospitalitv/Retail (10) San Diego Zoo Sea World ACE Parking Lowes Coronado Hotel 5 Star Tours Classic Party Rentals Goodwill Industries "TJ,, job lair produced one MOUE! rr,•u1t. 11h•,� l.,"ui'•'.:, a ;\ratio)"r1 C,IP residence attended the job four. She visited two job fair• booths un.d they both called her for an interview. Both conr.panies offered einplm..m�rr't.... This is great news for her as she is a single parent and was previously working the night shift juggling her kids schedule with the night shift work hours. The new job offers great hours from 6:00 art to 2:30 pm, it is a raise and she is able to pick up her kids from seh.00f_.' -Carol Willey, San Diego SBDC Page 15© Kitchen Logic Wal-Mart Foodland Public Aaencv (11) US Customs and Border Protection San Diego Unified Port District Navy Region Southwest Community Support National City Police Department City of National City City of San Diego County of San Diego CA Department of Corrections San Diego Police Department San Diego Airport Authority San Diego Firefighters Other Employer (19) Point Loma Credit Union South Bay Family YMCA La Vista Memorial Filipino Press ITT Technical Institute RHA Consolidated Staffing Farmers Insurance Transdev Eastridge Workforce Solutions Nelson Staffing Uptown Solar Ultimate Staffing Kelly Services Primerica Solar City New Car Dealers Association Coastal Front Properties San Diego County Credit Union June 2, 2015 "Our goal is to offer career opportunities to National City residents. Job creation leads to wealth creation, which results in community empowerment and economic stimulus," -Jacqueline Reynoso, President/ CEO, National City Chamber of Commerce Resource Agencies • SWC Nursing Program • Employment Development Department (EDD) Veteran Services • SWC Medical Lab and Medical Assistant • SWC Higher Education Center Otay Mesa • Olivewood Gardens and Learning Center • SDETT • Assembly Member Lorena Gonzalez • Red Cross • San Diego Job Corp • United States University • Pioneer Lab Page 160 June 2, 2015 Economic Development Partners • Small Business Development Center • Accion San Diego • SCORE • Center for International Trade • Connection 2 Work Volunteers Our organizing committee engaged the assistance of 30 volunteers from the following agencies: • South County Career Center • National City Chamber of Commerce • EDD Imperial Beach Health Center • San Diego Workforce Partnership • City of San Diego • PCG • Mental Health Systems • San Diego Job Corps Services The job fair provided a host of services to job seekers including: • 96 resume reviews (20% of all attendees) • Business Development resources at the Entrepreneurship Center • Free technical assistance • Career development • One on one career training consultations • Introduction to training programs • Volunteer opportunities MARKETING Job fair promotion included various strategic outreach methods to increase attendance from National City job seekers. The National City Chamber of Commerce printed and distributed 10,000 fliers, 100 posters, reached over 25,000 people via our collective network of social media sites, and achieved over 75,000 media impressions. Y 20% of job seekers heard about the job fair from TV or radio. Social Media • National City Chamber of Commerce Facebook, twitter, and website • South County Career Center Facebook, twitter, website, and database • City of National City Facebook and website, and an email blast to all City Employees Community Promotion • Jobing.com (Facebook) • South County Economic Development Council (Facebook) • Freeway Message Boards (5 freeway, 805 Freeway, and 54) • San Diego Naval Base Distribution through Public Information Officer Page 1 70 June 2, 2015 Direct Outreach • Flier distribution to all 6,250 youth and their parents in the National School District through Peachjar (e-flyers) • Emailed flier and notice to over 50 faith based organizations Publications • Chamber News (Circulation 700) • Filipino Press (Circulation 25,000) • San Diego Daily Transcript (Circulation 9,000 daily) Media • Onsite interview with: o Televisa Channel 12 o KISS FM o Univision Radio Univision Radio Univision Radio provided on air coverage of the event for a total of forty (40) 10-sec. pre- recorded promotional announcements inviting listeners to attend. Both KLQV 102.9FM and KLNV 106.5FM supported the 2015 "Career Pathways to Success" Job Fair with a promotional campaign that ran 4/9/15-4/13/15. To further increase on -air exposure, KLQV 102.9FM and KLNV 106.5FM mentioned the "Career Pathways to Success" Job Fair in the "De Viva Voz," program. Total promotional value from Univision Radio exceeded $24,000. Business Storefronts (120+) • Southwestern College -National City • Dental Care • Coronado Cafe • Niederfrank's • Big Ben • Union Bank • Aunt Emma's Pancakes • Rodeos Meat Market • Checks Cashed • California Taco Shop • Solo Shoes • Coin Laundry • Wrigley's Supermarket • Mario's Family Clothing Center • Coin Laundry • 100% Natural • S.D. Rescue Mission Thrift Shop • Giant N.Y. Pizza • Dollar Tree • El Dorado Cleaners • El Nuevo Milenio Taco Shop • Euclid Laundromat • Vallarta Supermarkets • Carnival • Little Ceasers • Baskin Robins • Coin Laundry • Wal-Mart • Goodies Bar and Grill • Denny's • Cotijas • $5 Dollar Tasty Pizza • Birrias Chivos y Cheves • Red Bird Market • Los Panchos • Mi Tierra • Gorditas Don Andres • Denis's Bakery • Friendly Wash N' Dry • Plaza Donuts • Copacabana • IHOP • Frutas • Express Tires • Olivewood Gardens • El Torito • Pier 32 Marina Page 18© • Navy Federal Credit Union • Cold Stone • Boys & Girls Club • Wally's Market • Goodwill • Taking Care of Business Check Cashing • Camacho gymnasium • YMCA Pool • MLK Center • NC City Hall • Human Resources Dept. • Community Services/Section 8/Housing & Grants • Casa de Salud Senior Center • Teen Center • Kimball Senior Center Marketing and Outreach Walks June 2, 2015 • Rincon del Mar • South Metro Career Center • Concord • South Bay Community Services • CV Libraries (2 locations) • Nestor Health Center South Bay YMCA • South Bay Health Insurance Services (2 locations) • Imperial Beach Library • Imperial Beach Family Resource Center • Pima • USA College • San Diego State University • Coldstone, San Diego • Began at El Super shopping center and worked our way east until Food For Less • Sweetwater Town and Country • Sweetwater Plaza Shopping Centers n''ra �: .. it.,c Sw+fmM. tab-, S»ayt�7 L-rM•. ton -.rya a Peat n\par OVaa mt Ur% w4prW Ctty Canpa Ala • Price Breakers and worked our way east through all the shops until stopping at Seafood City • • Paae 190O June 2, 2015 AGGREGATE JOB SEEKER STATISTICS The data below from year 2015 was gathered from 476 job seekers that attended the job fair. We observed a new trend in the longer term unemployed population. Of the 476 respondents that participated as job seekers, 43% had a bachelor's degree or higher. Job Fair Year Participants Residence South County National City Unemployed Job Fa'_ Year Unemployed 2015 2014. 2013 476 13% 47% Unemployed > 6 months H.S. Diploma B.A. or Associates Household Income < $15,000 LCareer Center Marketing 47% 40% 43% 42% 956 52.43% 14.23% 63.8% 63.9% 32.15% 53.9% 35.23% 48.0% 19.69% 800 59.79% 21% 64.5% NATIONAL CITY JOB SEEKER STATISTICS • 43% of our Job Seekers had. an Associates, Bachelor's Degree or higher • 47% of National City job seekers reported that they were currently unemployed Age and Household Income of National City Job Seekers kg 15 - 25 yrs 26-40 yrs 24.5% 25.4% 64.48% 32.15% 60.28% 31.22% 50.39% 36.48% 40-55 yrs 55+ yrs 31.8% 16.7% Housel old Income $0 - $15,000 54.5% $15,000 - $30,000 $30,000 - $45,000 Over $45,000 20.4% 12% 12% Page 19© June 2, 2015 RECOMMENDATIONS FOR NEXT YEAR Based on a wrap up meeting conducted with the job fair organizing committee, the following recommendations were suggested to improve next year's job fair. Focusing on in -demand industries specific to National City and South County, this year's job fair highlighted the recent increases in job opportunities in our region. With our participating employers along with the very successful collaboration between the South County Career Center, the National City Chamber and the City of National City, this annual event is really putting people back to work. -Diane Rose, Business Services Coordinator, Proud Member of America's Job Center of California Network Entrepreneurship Center • Business development services continue to be an attractive pursuit for job seekers. We recommend continuing these services as part of the annual job fair. Registration • Utilize tablets to speed up registration. Overall • Work with City of National City to designate event parking on the street to avoid street sweeping on the day of and inform visitors about alternate parking sites. • Hire a private security guard to assist with crowd control. • Continue to use radios to communicate with organizers and staff at the job fair. • Create a job fair video that includes past year's event, testimonials, photos, etc. Employer Follow up • Request follow up report to assess the number of hires resulting from the job fair. EMPLOYER FEEDBACK South County Business Services conducted a follow up survey with the employers that participated. Below are findings collected from respondents to date. • 6 New Hires • 22 scheduled interviews confirmed within the first week OTHER COMMENTS ❖ Very well run event with a very broad candidate selection. 4/20/2015 1:04 PM •A Thank you for giving us the opportunity to participate in the job fair. 4/30/2015 8:10 AM ❖ 1 was honored to attend and look forward to the next one! 4/30/2015 8:22 AM Page 110© CC/CDC-HA Agenda 6/2/2015 — Page 25 The following page(s) contain the backup material for Agenda Item: Impact of Executive Order from Governor Brown regarding drought and water usage restrictions (Engineering/Public Works) ITEM NO b/2/1 5 PRESENTATION impacts of Executive Order from Governor Brown Regarding Drought and Water Usage Restrictions (Engineering/Public Works) CC/CDC-HA Agenda 6/2/2015 — Page 27 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of May 5, 2015. (City Clerk) Item # 06/02/15 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 5, 2015. (City Clerk) Book 97 / Page 74 05-05-2015 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY May 5, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:08 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Rosie Budatin, National City, spoke about problems she has experienced in her neighborhood as a result of the street improvements done on 8th Street and suggested that there be more open communication with residents and businesses. Ivan Amezola, representing Granger Junior High, extended an invitation to their Culture Fair to be held at the school on May 15th from 4 to 8 pm. CITY COUNCIL PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Proclaiming May 7, 2015 as: National Day of Prayer PROCLAMATION ADMIN (102-2-1) 2. Proclaiming May 17, 2015 thru May 23, 2015 as: National Public Works Week PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 3. Employer Support for Guard and Reserves (ESGR) Seven Seals Award — Captain James Stiles. (Fire) Book 97 / Page 75 05-05-2015 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 4. SDSU Sage Program Review and Impact. (Dean Geoffrey Chase and Dr. Jessica Barlow) COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 5. ARTS (A Reason to Survive) Update. (Matt D'Arrigo) COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 6. A Fair to Remember — 2015 San Diego County Fair Presentation CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 7 (NCMC), Item No. 8 (Minutes), Item Nos. 9 through 12 (Resolution Nos. 2015-54 through 2015-57), Item Nos. 13 through 15 (TUP), Item Nos. 16 through 18 (Warrant Registers). Motion by Rios, seconded by Sotelo-Solis, to pull Item No. 12, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2015 (506-2-30) 7. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF MINUTES 8. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 21, 2015. (City Clerk) ACTION: Approved. See above. XXXXX 9. Resolution No. 2015-54. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING SUPRESSION/SAFETY AND NON-SUPRESSION PERSONNEL TO BE COMPENSATED PORTAL TO PORTAL FOR SERVICES RENDERED AT INCIDENTS, AS REQUESTED THROUGH THE CALIFORNIA FIRE ASSISTANCE AGREEMENT (CFAA). (Fire) ACTION: Adopted. See above. Book 97 / Page 76 05-05-2015 CONSENT CALENDAR (cont.) CITY WIDE HOUSING ADMIN (303-4-1) 10. Resolution No. 2015-55. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE 2015 SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (Al), AND AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATION LETTER STATING THAT THE Al REPRESENTS NATIONAL CITY'S CONCLUSIONS ABOUT IMPEDIMENTS TO FAIR HOUSING CHOICE, AS WELL AS ACTIONS NECESSARY TO ADDRESS ANY IDENTIFIED IMPEDIMENTS. (Housing, Grants, and Asset Management Department) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2015 (801-2-36) 11. Resolution No. 2015-56. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 60 FEET OF RED CURB "NO PARKING" ON THE NORTH SIDE OF E. 8TH STREET, EAST OF BURDEN DRIVE AND ADJACENT TO PARADISE VALLEY SEVENTH -DAY ADVENTIST CHURCH, TO ENHANCE VISIBILITY AND EGRESS ONTO E. 8TH STREET. (TSC 2015-05) (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2006-43) 12. Resolution No. 2015-57. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH OPPER & VARCO, LLP, TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $80,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $160,000 TO PROVIDE LEGAL SERVICES REGARDING ENVIRONMENTAL SITE CONDITIONS, REMEDIATION, REGULATORY ISSUES, AND CLOSURE PURSUANT TO THE DISPOSITION AND DISPOSITION AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP. (City Attorney) ACTION: No action taken. TEMPORARY USE PERMITS 2015 (203-1-31) 13. Temporary Use Permit — Request from Granger Jr. High to use the City stage for the 11th Annual Granger Junior High Community Culture Fair on May 15, 2015. This is a co -sponsored event per Council Policy No. 804. (Neighborhood Services) ACTION: Approved. See above. Book 97 / Page 77 05-05-2015 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2015 (203-1-31) 14. Temporary Use Permit — Lions Club 70th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from July 1, 2015 to July 5, 2015. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services) ACTION: Approved. See above. TEMPORARY USE PERMITS 2015 (203-1-31) 15. Temporary Use Permit — Movies in the Park on June 12th, July 10th, August 14th and September 11th, 2015 at various City locations from 6pm to 9:30pm. This is a National City sponsored event per Council Policy #804. (Neighborhood Services) ACTION: Approved. See above. 111 WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 16. Warrant Register #38 for the period of 03/11/15 through 03/17/15 in the amount of $2,686,102.18. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 17. Warrant Register #39 for the period of 03/18/15 through 03/24/15 in the amount of $1,202,667.44. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 18. Warrant Register #40 for the period of 03/25/15 through 03/31/15 in the amount of $2,495,893.69. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS 1 BLOCK GRANT PROGRAM ADMIN 2015-2016 (406-1-30) 19. Final Public Hearing on the U.S. Department of Housing and Urban Development (HUD) Draft Five -Year Consolidated Plan for Program Years 2015 to 2019 and allocation of Fiscal Year (FY) 2015-2016 entitlement grant funds, program income, uncommitted funds, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the FY 2016 Action Plan. (Housing, Grants, and Asset Management Department) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the Public Hearing. Carried by unanimous vote. Book 97 / Page 78 05-05-2015 NON CONSENT RESOLUTIONS BLOCK GRANT PROGRAM ADMIN 2015-2016 (406-1-30) 20. Resolution No. 2015-58. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FIVE YEAR CONSOLIDATED PLAN FOR PROGRAM YEARS 2015 TO 2019 AND AUTHORIZING THE ALLOCATION OF FISCAL YEAR (FY) 2015-2016 ENTITLEMENT GRANT FUNDS, PROGRAM INCOME, UNCOMMITTED FUNDS, AND FUNDS REMAINING FROM COMPLETED PROJECTS TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ACTIVITIES PROPOSED FOR THE FY 2016 ACTION PLAN. (Housing, Grants, and Asset Management Department) RECOMMENDATION: Approve the Consolidated Plan and Action Plan for the CDBG and HOME funding allocations from the sources identified in the Financial Statement. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. Member Sotelo-Solis announced that she would be recusing herself during consideration of the next item due to the fact that her husband in a member of the Sweetwater School District Governing Board and that, while there is no statutory obligation to do so, after consulting legal counsel and in an abundance of caution she would not be participating. Member Sotelo-Solis left the Chamber at 7:08 pm. CONDITIONAL USE PERMITS 2015 (403-30-1) 21. Resolution No. 2015-59. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES. *Continued from City Council Meeting of April 21, 2015* (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Robin Madaffer appeared on behalf of the applicant and spoke in support. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: Sotelo-Solis. Absent: None. Member Sotelo-Solis returned to the Chamber at 7:09 pm. Book 97 / Page 79 05-05-2015 NON CONSENT RESOLUTIONS (cont.) PARKING DISTRICT ADMIN (801-1-1) 22. Resolution No. 2015-60. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ESTABLISH RESIDENTIAL PERMIT PARKING DISTRICT "K" ALONG THE EAST SIDE OF NATIONAL CITY BOULEVARD BETWEEN E. 14TH STREET AND E. 16TH STREET AND THE NORTH SIDE OF E. 16TH STREET BETWEEN NATIONAL CITY BOULEVARD AND "B" AVENUE. (TSC 2014-14) (Engineering/Public Works) RECOMMENDATION: Establish Residential Permit Parking District "K." TESTIMONY: Randy Williams appeared on behalf of the applicant and spoke in support of the district. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. EXPARTE Members Cano, Morrison, Rios and Sotelo-Solis disclosed that they had contact with the applicant prior to the meeting. CONTRACT (C2015-15) 23. Resolution No. 2015-61. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE TERMINATION OF THE SAN DIEGO POOLED INSURANCE PROGRAM (SANDPIPA) JOINT POWERS AUTHORITY (JPA) EFFECTIVE JULY 1, 2016; AND AGREEING TO AMEND ARTICLES 25.A AND 25.B OF THE SANDPIPA JOINT POWERS AGREEMENT FOR THE PURPOSE OF WINDING DOWN AND DISSOLVING THE JPA. (Human Resources) RECOMMENDATION: Adopt the Resolution consenting to the dissolution of the SANDPIPA JPA and the amendment of Articles 25.A and 25.B of the SANDPIPA Joint Powers Agreement. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. DONATIONS RECEIVED (209-1-4) 24. Resolution No. 2015-62. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION OF BUTTERFLY SCULPTURES FOR KIMBALL PARK, LAS PALMAS PARK, AND BUTTERFLY PARK VALUED AT $20,000 FROM THE SAN DIEGO MUSEUM OF ART, CONSISTENT WITH CITY COUNCIL'S DONATION ACCEPTANCE POLICY NO. 204. (Community Services) RECOMMENDATION: Accept the donation. Book 97 / Page 80 05-05-2015 NON CONSENT RESOLUTIONS (cont.) DONATIONS RECEIVED (209-1-4) 24. Resolution No. 2015-62 (continued). TESTIMONY: Irma Esquieies from the San Diego Museum of Art and Artest Roberto Salas, spoke in support of the proposal and responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS None. MAYOR AND CITY COUNCIL Member Mendivil praised the awesome event he attended in Chula Vista honoring 14 Fallen Heroes from the South Bay. Member Mendivil also proposed that we reach out and seek regional solutions to the homeless issue and take a field trip to visit the Dream Center Program facility in Los Angeles perhaps in July. Regarding Community Service Day, Councilmember Mendivil said that being part of the painting crew at Camacho Gym brought a lot of joy and that he wouldn't mind doing that sort of thing more often; if the staff still needs help, he is available. Member Rios praised the Green Street Tour events and thanked all the staff who made it possible. Vice Mayor Cano spoke about all the beautiful people who volunteered and worked on Community Service Day events and offered a special thanks to Neighborhood Services Staff. He also suggested that in the future we look into the possibility of a mural at Camacho Gym and the Casa reflecting the founding fathers. Vice Mayor Cano said, "you guys, who work in our City that come from outside. Once you get here, you use vehicles to do your job. I'm asking when you see something thrown on the floor, in alleys, graffiti, trash, please, please take the time and call it in. To me, it is an embarrassment that I have to do the calling. You guys are out there. Seriously, take time, call it in. Take pride that you work here. Take pride that this is your community as well." Book 97 / Page 81 05-05-2015 MAYOR AND CITY COUNCIL (cont.) Member Sotelo-Solis requested a hard copy of the Sage Project Report on breweries and asked that there be an item on the next agenda regarding City Council participation with working committees. Member Sotelo-Solis said, "I just want to make this comment. I will not sit here and let our staff be insulted by us, as Council people. We are citizens just like many staff people here who do call, who do care. We are here to be decision makers and to engage in our community. I want to say that I know that our staff cares about our community whether they live here or not. They make phone calls, they are out there doing the service. They are here going to church; they are here during prayer series. They are serving lunch to our seniors. They are engaged in our community and I want to say thank you — I appreciate the work that you have done and will continue to do as residents or commuters to the City. We are here on the dais casting votes to improve our community, but I will not sit here and allow people to set on their soapbox and berate our staff. It needs to be said because there are a lot of assumptions and there are people in this room right now who live in National City and make calls and I want to say directly to staff who do that." Vice Mayor Cano said that his comment was not to degrade anybody. It was just a suggestion that when people come in, to call problems in. Mayor Morrison spoke of the very touching event he attended for Fallen Hero's from the South Bay. It was very patriotic and emotional for all in attendance. Mayor Morrison commented on the continuing improvements from Community Service Day and meeting with potential developers as part of the Green Street Tour events. CLOSED SESSION REPORT City Attorney Claudia Silva stated that Council met in Closed Session on five items. The first item was already posted on the public agenda and there is nothing further to report from the Closed Session. (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — Fiscal Year 2016 Budget Workshop to be held Tuesday, May 19, 2015 at 5:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Book 971 Page 82 05-05-2015 The next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, May 19, 2015 at 6:00 p.m. at the Council Chambers, National City, California. The meeting closed at 8:02 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of June 2, 2015. 2015 City Council Summer Legislative Recess • July 07 • July 21 Mayor City Council Meeting — Suspended City Council and Parking Authority Meeting — Suspended EXHIBIT `L' ROLL CALL CLOSED SESSION CALIFORNIA NSA' IONA.L CI, I Py I,c I INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, May 5, 2015 — 5:00 p.m. CITY COUNCIL 1. Conference with Legal Counsel — Threatened Litigation Threat of Litigation Pursuant to Government Code Section 54956.9(d)(2) One Potential Case: Diego Valley Charter, through their legal counsel, take issue with the CUP process and are asserting a violation of due process in regard to the pending CUP application. 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Mark Roberts, and Tim Davis Employee Organization: Police Officers' Association 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Mark Roberts, and Tim Davis Employee Organization: Fire Fighters' Association 4. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Tim Davis, and Mark Roberts Employee Organization: Municipal Employees' Association 5. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson Employee Organization: Confidential Group ADJOURNMENT Next Regular City Council and Successor Agency Meetings: Tuesday, May 5, 2015, 6:00 p.m., Council Chambers, Civic Center CC/CDC-HA Agenda 6/2/2015 — Page 39 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimb CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $80,000 for FY2014 and $80,000 for FY2015 by the Sweetwater Union High School District, for a two-year total of $160,000 for Police School Resource Officer Services. PREPARED BY: Jose Tellez, Captain DEPARTMENT: Police APPROVED BY: PHONE: (619) 336-4513 EXPLANATION: The National City Police Department currently assigns two police officers as School Resourc Officers (SRO) as their primary duties to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide specialized campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint agreement between the Sweetwater Union High School District, National School District, and the City of National City. The proposed Agreement with the Sweetwater Union High School District would be effective and retroactive from July 1, 2013 through June 30, 2015. Approval of the resolution would authorize the Mayor to enter into an Agreement with the Sweetwater Union High School District in order to continue to share the costs of the School Resource Officer Program. The Resolution authorizing the execution of the agreement with the National School District for FY2014 and FY2015 was passed and adopted on September 16, 2014 (Resolution No. 2014-132). FINANCIAL STATEMENT: APPROVED: '1WeZr� Finance ACCOUNT NO. APPROVED: MIS Revenue: 001-11108-3467 FY14 $80,000 / FY15 $80,000 Expenditure: 001-411-108-* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the Sweetwater Union High School District Exhibit "A" Scope of Services Agreement between the City of National City and the National School District Resolution No. 2014-132 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into March 17, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITAL WHEREAS, the CITY and the DISTRICT desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within Sweetwater Union High School District and the City of National City by protecting life and property. WHEREAS, the CITY and the DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the CITY and the DISTRICT agree to work together to provide the presence of a police officer, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around the schools. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES: The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit A hereto, in accordance with all terms and conditions contained herein. To the extent that there are any inconsistencies between this Agreement and Exhibit A, this Agreement controls. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Director of Student Support thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The total compensation from the DISTRICT to the CITY shall be the flat fee of one hundred and sixty thousand dollars ($160,000), which is the total of eighty thousand dollars ($80,000) for the period ofJuly 1, 2013 through June 30, 2014, and eighty thousand dollars ($80,000) for the period ofJuly 1, 2014 through June 30, 2015. The District shall pay the City eighty thousand dollars ($80,000) for the period ofJuly 1, 2013 through June 30, 2014, upon invoicing, due March 30, 2015. For the period of July 1, 2014 through June 30, 2015, upon invoicing, the District will pay the City of National City $40,000 due April 30, 2015, and $40,000 due May 31, 2015. 2013-2015 Agreement 1 Sweetwater Union High School District City of National City 4. 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. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT: This Agreement is effective on July 1, 2013. The duration of this Agreement is for the period of July 1, 2013 through June 30, 2015. 6. CONTROL: Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY's employees, except as herein set forth, and the CITY's or the CITY's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRIMINATION PROVISIONS: The DISTRICT 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. 8. CONFIDENTIAL INFORMATION: The CITY may from time to time communicate to the DISTRICT certain confidential information. The DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The DISTRICT 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 8, 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 DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession the DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the DISTRICT by a third party, but only to the extent that the use of disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to the CITY of any damages caused by breach of this agreement. 9. INDEMNIFICATION AND HOLD HARMLESS: The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. The DISTRICT 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 2013-2015 Agreement 2 Sweetwater Union High School District City of National City 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 DISTRICT's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence of willful misconduct of the CITY, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 10. WORKERS' COMPENSATION: The DISTRICT shall cornply 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 amendrnents thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the City of National 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 CITY under this Agreement. 11. 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. Jurisdiction shall be Superior Court, San Diego County. 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. 12. MEDIATION/ARBITRATION: If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 2013-2015 Agreement 3 Sweetwater Union High School District City of National City evidence, and attorneys' fees, except that the arbitrator may assess such expenses on any part thereof against a specified party as part of the arbitration award. 13. TERMINATION: A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 90-day's written notice to the DISTRICT. During said 90-day period, the DISTRICT 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 DISTRICT 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 DISTRICT as provided for herein. 14. 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 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: Chief Manual Rodriguez National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4301 To DISTRICT: Steve Lizarraga, Director of Student Support Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 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. 2013-2015 Agreement 4 Sweetwater Union High School District City of National City 15. 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 whichis not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions: Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties: Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules: The exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement: The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver: The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego Superior Court, Southbay Division, or U.S. District Court, Southern District shall be the jurisdiction. I. Audit: If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after the final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement: This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction: The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 2013-2015 Agreement 5 Sweetwater Union High School District City of National City drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. No Inducement: Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance: If any court of competent jurisdiction declares or determines that nay provision in this Agreement is illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. O. No Independent Basis for Liability: Nothing herein shall create, by this or other Understanding between the parties, an independent basis for liability of the CITY to either the District or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The CITY's Liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2013-2015 Agreement Intt Superintendent By: Karen Mic el Chief Financ. 1 Officer 6 Sweetwater Union High School District City of National City EXHIBIT "A" SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop a School Safety Plan; 5. Establish and follow procedures for referring School Resource Officer involvement; and 6. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY (the following is subject to staffing availability as determined at the sole discretion of the Chief of Police of the National City Police Department): 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. 2013-2015 Agreement 7 Sweetwater Union High School District City of National City f. Respond to all law enforcement related matters as they occur during regular school hours when available. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc, will be paid for by the District per the MOU. g• h. Documenting all incidents of crime as per Department regulations. i. Assisting with developing and revision school security procedures and emergency response drills. j. Assisting the school's safety committee in developing the School Safety Plan. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education and Training b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff` on campus d. Gang -related violence and crime e. Campus intrusion, and loss and/or damage to property C. SPAN OF CONTROL/JURISDICTION: Prevention/ education/ training/ proactive activities will take place at Sweetwater High School, Granger Junior High School, and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. D. RESOURCE: Resource and local management will be coordinated at: 2013-2015 Agreement Sweetwater Union High School District Attn: Karen Michel, Chief Financial Officer 8 Sweetwater Union High School District City of National City 1130 Fifth Avenue Chula Vista, CA 91911 (619) 585-6265 Chief Manuel Rodriguez National City Police Department 1200 National City Boulevard National City, CA 91950 E. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort as set forth in Section 3 of the Agreement. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment allocable to the period of the terra subsequent to the effective date of cancellation. 2013-2015 Agreement 9 Sweetwater Union High School District City of National City EDIT "A" SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop a School Safety Plan; 5. Establish and follow procedures for referring School Resource Officer involvement; and 6. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY (the following is subject to staffing availability as determined at the sole discretion of the Chief of Police of the National City Police Department): 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. 2013-2015 Agreement 7 Sweetwater Union High School District City of National City J• f. Respond to all law enforcement related matters as they occur during regular school hours when available. g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc, will be paid for by the District per the MOU. h. Documenting all incidents of crime as per Department regulations. i. Assisting with developing and revision school security procedures and emergency response drills. Assisting the school's safety committee in developing the School Safety Plan. 2. To continue to work with: a. Conununity agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education and Training b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff on campus d. Gang -related violence and crime e. Campus intrusion, and loss and/or damage to property C. SPAN OF CONTROL/JURISDICTION: Prevention/ education/ training/ proactive activities will take place at Sweetwater High School, Granger Junior High School, and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. D. RESOURCE: Resource and local management will be coordinated at: 2013-2015 Agreement Sweetwater Union High School District Attn: Karen Michel, Chief Financial Officer 8 Sweetwater Union High School District City of National City 1130 Fifth Avenue Chula Vista, CA 91911 (619) 585-6265 Chief Manuel Rodriguez National City Police Department 1200 National City Boulevard National City, CA 91950 E. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort as set forth in Section 3 of the Agreement. Ifthe Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. 2013-2015 Agreement 9 Sweetwater Union High School District City of National City AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT This AGREEMENT is entered into this 1 g day of July, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the NATIONAL SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and the DISTRICT desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within the NATIONAL School District and the City of National City by protecting life and property. WHEREAS, the CITY and the DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the CITY and the DISTRICT agree to work together to provide the presence of a police officer, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around the schools. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES: The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached hereto as "Exhibit A", in accordance with all terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. The Director of Student Support thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be sixty-one thousand nine hundred seventeen dollars ($61,917), for the period of July 1, 2013 through June 30, 2014, and sixty-one thousand nine hundred seventeen dollars ($61,917), for the period of July 1, 2014 through June 30, 2015, as set forth in Exhibit "A", a flat fee for each one year of service, due upon execution of the agreement. 4. ACCEPTABILITY OF WORK: In the event the DISTRICT is not satisfied as to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. 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. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT: This Agreement is effective on July 1, 2013. The duration of this Agreement is for the period of July 1, 2013 through June 30, 2015. 6. CONTROL: Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY's employees, except as herein set forth, and the CITY's or the CITY's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRIMINATION PROVISIONS: The DISTRICT 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. 8. CONFIDENTIAL INFORMATION: The CITY may from time to time communicate to the DISTRICT certain confidential information. The DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The DISTRICT 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 11, however, shall not apply to any part of the infonnation that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession the DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the DISTRICT by a third party, but only to the extent that the use of disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to the CITY of any damages caused by breach of this agreement. 9. INDEMNIFICATION AND HOLD HARMLESS: The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that Occurred during the term of this Agreement. The DISTRICT 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, suites, 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 DISTRICT's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence of willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the 2013-2015 Agreement 2 National School District City ofNational City termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 10. WORKERS' COMPENSATION: The DISTRICT 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 CITY under this Agreement. 11. 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. Jurisdiction shall be Superior Court, San Diego County. 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. 12. MEDIATION/ARBITRATION: If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses on any part thereof against a specified party as part of the arbitration award. 13. TERMINATION: A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 90-day's written notice to the 2013.2015 Agreement 3 National School District City of National City DISTRICT. During said 90-day period, the DISTRICT 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 DISTRICT 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 DISTRICT as provided for herein. 14. 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, (ili) 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 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: Ron Morrison, Mayor City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Director of Student Services National School District 1500 N Avenue National City, CA 91950 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. 15. 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. 2013-2015 Agreement 4 National School District City of National City B. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions: Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties: Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules: The exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement: The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver: The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego Superior Court, Southbay Division, or U.S. District Court, Southern District shall be the jurisdiction. I. Audit: If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after the final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement: This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction: The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. No Inducement: Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The parties further represent that they have been represented by legal counsel during the 2013-2015 Agreement 5 National School District City ofNational City course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance: If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT By: By: AAA"); (0/kAt41Y Ron Morrison, Mayor Chris Oram, Ed.D. Superintendent APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2013-2015 Agreement 6 National School District City of National City EXHIBIT A SCOPE OF SERVICES AND PAYMENT MISSION STATEMENT: It is the mission of the National School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the National School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department agree to work together to provide the presence of a police officer, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around our schools. To this end and following are specific agreements between the National School District and the City of National City: ROLL OF THE NATIONAL SCHOOL DISTRICT: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. 4. Provide adequate space for the School Resource Officers to carry out non - classroom duties. S. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills/conflict resolution instruction, drug education and other law enforcement related educational presentations. City of National City and 1 Scope of Services National School District EXI IBIT A 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $61,917, for the period of July 1, 2013 through June 30, 2014, payable to the National City Police Department, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one National City Police Officer at E-Step for one year. The total amount will be paid by June 13, 2014. The National School District will remit $61,917, for the period of July 1, 2014 through June 30, 2015, payable to the National City Police Department, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one (1) National City Police Officer at E-Step for one (1) year. The total amount will be paid by January 30, 2015. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: To the extent that staffing is available, at the sole discretion of the Chief of Police, The National City Police Department will provide the following services: 1. Assign a uniformed police officer as the School Resource Officer ("SRO"). 2. Assign the School Resource Officer to Iiaison with the school campuses of the National School District with the purpose of being engaged in the following duties: • Training for teachers and other school staff on law enforcement and campus security issues as requested. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion City of National City and 2 Scope of Services National School District EXHIBIT A Loss and/or damage to property Weapons on campus Alcohol and drugs on campus Truancy Traffic Safety 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs as requested. 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or his designee. 7. Pay salary and benefits for the police officer assigned as the School Resource Officer as agreed upon. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched, in addition to investigating school related crime and incidents. To the extent that staffing is available as determined by the Chief of Police, the SRO shall do the following: • Attend the National School District SARB Hearings at NCPD • Conduct home visits with administrators or the NSD Truancy Officer. • Issue citations to parents for violation of the SARB contract. • Coordinate, train and inspect. individual Student Safety Patrols as requested. • Provide parent education/presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • As available, provide education as it relates to criminal law, and Drug Awareness to middle and high school students as requested. • Teach narcotics awareness at PTA's and students as requested. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City employees. City of National City and 3 Scope of Services National School District EXHIBIT A • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based SARB meetings as requested. • Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections. • Conduct juvenile warrant sweeps. • Assist SD County Probation Officers with compliance checks and home visits generally within the boundaries of the City of National City of National City. • Attend various school events and fairs as requested, with any overtime needed to be paid for by the District. • Enforce SD County Daytime Loitering within City limits. • Attend school based disciplinary hearings and intervention programs. • Participate in multi -agency Truancy/Daytime Loitering Sweeps within City limits. City of National City and 4 Scope of Services National School District EXHIBIT A 1 RESOLUTION NO. 2014 —132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $61,917 FOR FISCAL YEAR 2014, AND $61,917 FOR FISCAL YEAR 2015, FOR A TWO-YEAR TOTAL OF $123,834 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District to maintain police on campuses with the School Resource Officers Program to provide specialized campus security and general law enforcement services to the public schools located in National City; and WHEREAS, a joint funding agreement between the National School District and the City of National City will fund the salaries and benefits for the police officers; and WHEREAS, the National School District will reimburse the City of National City $61,917 for Police School Resource Officer Services for fiscal year 2014, and $61,917 for fiscal year 2015, fora two-year total of $123,834. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the National School District for the School Resource Officers Program for fiscal years 2014 and 2015. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of Septerr r, 2014. ATTEST: Mi ii‘rul tii6, ael R. Dall , City Clerk ROVE 't' S TO FORM: is GacSilva City Attorne on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 16, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-132 of the City of National City, California, passed and adopted by the Council of said City on September 16, 2014. A.critailli/6 City CI rk of the City of ational City, California By: Deputy RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SWEETVVATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM IN WHICH THE CITY OF NATIONAL CITY WILL BE COMPENSATED $80,000 FOR FISCAL YEAR 2014, AND $80,000 FOR FISCAL YEAR 2015 BY THE SWEETWATER UNION HIGH SCHOOL DISTRICT, FOR A TWO-YEAR TOTAL OF $160,000 FOR POLICE SCHOOL RESOURCE OFFICER SERVICES WHEREAS, the National City Police Department currently assigns two police officers as School Resource Officers as their primary duties to provide police services to the Sweetwater Union High School District and the National School District to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City; and WHEREAS, School Resource Officers provide specialized campus security and general law enforcement services to the public schools located in National City; and WHEREAS, the salaries and benefits for the police officers are funded by a joint agreement between the Sweetwater Union High School District, National School District, and the City of National City; and WHEREAS, the City of National City will be reimbursed $80,000 for Fiscal Year 2014, and $80,000 for Fiscal Year 2015 by the Sweetwater Union School District for a two-year total of $160,000 for Police School Resource Officer services; and WHEREAS, the proposed Agreement with the Sweetwater Union High School District would be effective and retroactive from July 1, 2013 through June 30, 2015. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the Sweetwater Union School District for partial funding of the School Resource Officer Program in which the City of National City will be compensated $80,000 for Fiscal Year 2014, and $80,000 for Fiscal Year 2015 by the Sweetwater Union School District for a two-year total of $160,000 for Police School Resource Officer services. The Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of June, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 6/2/2015 — Page 66 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of 60 feet of red curb "No Parking" on the north side of E. 4th Street, east of Clairmont Avenue, to enhance visibility and egress onto E. 4th Street (TSC 2015-06). ( CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 60 feet of red curb "No Parking" on the north side of E. 4th Street, east of Clairmont Avenue, to enhance visibility and egress onto E. 4th Street (TSC 2015-06) PREPARED BY Kenneth Fernandez. P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: *274.-se FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on April 15, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install 60 feet of red curb "No Parking" on the north side of E. 4th Street, east of Clairmont Avenue as per TSC 2015-06. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on April 15, 2015 (TSC 2015-06) 3. Notice to affected property owners/residents 4. Resolution EXPLANATION Mr. Richard Delgado, property owner and resident of 2616 E. 3rd Street, has requested installation of red curb "No Parking" on the north side of E. 4th Street, east of Clairmont Avenue, to enhance line -of -sight and safety for vehicles exiting Clairmont Avenue onto E. 4th Street. Staff performed a site evaluation. The posted speed limit is 35 mph and reduces to 25 mph during school hours when children are present. There is approximately '160 feet of unrestricted parking for up to eicht vehicles on the north side of E. 4th Street between Clairmont Avenue and Drexel Avenue to the east. It is difficult for vehicles to see westbound traffic on E. 4" Street when they are trying to exit Clairmont Avenue if vehicles park close to the intersection. Therefore, staff recommends painting 60-feet of curb red for "No Parking" on the north side of E. 4th Street, east of Clairmont Avenue, to enhance line -of -sight and safety. This would result in the loss of three parking spaces. Mr. Delgado's request for red curb "No Parking" was presented to the Traffic Safety Committee on April 15, 2015. Staff sent letters to area residents (both tenants and property owners) inviting them to attend the meeting. Mr. Delgado was unable to attend due to a scheduling conflict. He did, however, communicate his safety concerns and support for the red curb "No Parking" to Engineering staff via phone prior to the meeting. Mr. Tony Aguilera, resident of 324 S. Drexel Avenue, spoke in opposition to the item. Mr. Aguilera was concerned the proposed 60 feet of red curb and loss of parking would result in area residents and employees of Paradise Village (located across the street) parking in front of his house. Staff responding that the red curb was for safety, which takes priority given the proximity to the school across the street. Mr. Aguilera was understanding. After considering staffs presentation and testimony from Mr. Aguilera, the Traffic Safety Committee voted unanimously to approve the staff recommendation to install 60 feet of red curb "No Parking" on the north, side of E. 4th Street to enhance visibility and safety for drivers exiting Clairmont Avenue onto E. 4th Street. Based on approval by the Traffic Safety Committee, staff sent letters to area residents (both tenants and property owners) inviting them to attend the City Council meeting of June 2, 2015. If approved by City Council, all work will be performed by City Public Works staff. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 15, 2015 ITEM NO. 2015-06 ITEM TITLE: REQUEST TO INSTALL £O FEET OF RED CURB "NO PARKING" ON THE NORTH SIDE OF E. 4T" STREET. EAST OF AND ADJACENT TO 345 CLAIRMONT AVENUE T U ENHANCE VISIBILITY AND ACCESS ONTO EAST 4T" STREET (BY R. DELGADO) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Richard Delgado, resident of 2b16 E 3rd Street nes requested red curb "No Parking" on the north side of E. 4th Street, east of and adjacent to the side of the corner lot at 345 Clairmont Avenue to enhance line -of -sight and safety. The proposed location is located near the northeast comer of E. 4th Street and Clairmont Avenue. Mr. Delgado is requesting painted red curb at said location to improve visibility and enhance safety for vehicles exiting from Clairmont Avenue onto E. 4th Street. Staff performed a site evaluation. The posted speed limit is 35 mph for westbound and eastbound traffic. A sidewalk "bulb -out" was installed during a recent Safe Routes to Schools (SR2S) Capital Improvement Project (CIP) on the northwest corner of the same intersection. It addresses eastbound vehicle and pedestrian line -of -sight concerns and pedestrian access across E 4th Street. There are approximately 100 feet and 60 feet of unrestricted parking tor up to five (5) and three (3) standard -sized vehicles between the beginning of curb (B.O.C.) radius of the northeast corner/pedestrian ramp at E 4th Street and Clairmont Avenue and the end of curb (E.O.C.) radius of the northwest corner/pedestrian ramp at E 4th Street and Drexel Avenue, respectively. Additionally, there is driveway apron belonging to 2833 E 4th Street in between these continuous curb lengths. Safety concerns arise when vehicles are parked at the westerly section of said limits. insufficient visibility of oncoming westbound traffic on E 8th Street is encountered when looking east for vehicles egressing from Clairmont Drive onto E 8th Street. Staff recommends painting the first 60-foot section of curb red for "No Parking" to enhance safety and as a preventive measure. However, this adjustment of the street layout would result in the loss of three standard -sized on -street parallel public parking spaces. If implemented, the general public will have available on -street parking on both sides of E 4th Street, Clairmont Avenue, and Drexel Avenue. Staff sent letters to area residents, tenants, and property owners inviting them to contact Staff and/or attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff recommends installation of approximately 60 feet of red curb "No Parking" along the north side of E 4th Street immediately east of the E 4th Street and Clairmont Avenue intersection to enhance line -of -sight. EXHIBITS: 1. Traffic Safety Committee Notification Letter 2. Location Map 3. Photos 2015-06 CALIFORNIA A+ O PORAI April 7, 2015 Resident/Property Owner Subject: TRAFFIC SAFETY COMMITTEE EE ('CSC) !TEM NO. 2015-06 REQUEST TO INSTALL 60 FEET OF RED CURB NO PARKING" ON THE NORTH SIDE OF E. 4TM STREET, EAST OF AND ADJACENT TO 345 CLAIRMONT AVENUE Dear Sir/Madame: The City of National City would like to formally invite you to our next Traffic Safety Committee Meeting scheduled for Wednesday, April 15, 2015, at 2:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the item referenced above. We have notified you about this item to obtain your feedback on the request to install 60 linear feet of red curb which would result In the loss of three (3) standard 20-foot on -street public parking spaces in order to enhance line -of - sight. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336 80 and reference Traffic Safety Committee Item Number 2015-06. Sincerely, 4L2. Stephen Manganiello City Engineer SM:kf 2015-00 1234 National City i ouievard, National City, CA 91950-6530 (619) 336-43G0 Fax (619) 336-4397 engi ingenatic aicityca.gov Existing Blue Curb Disabled Parking at 2635 & 2643 E 4th Street, respectively Paradise Vallay Hospital 3.45 Ctairrnont Avenue Proposed 60' Red Curb "No Parking" per TSC 2015-08 (Loss of 3 On -Street Parking Spaces) Location Map Existing 100' Red Curb "No Parking" adJacerit to Existing NITS Bus Stop Location of Proposed 60' Red Curb "No Parking" at E. 4th Street and Clairmont Avenue (looking east) RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 60 FEET OF RED CURB "NO PARKING" ON THE NORTH SIDE OF EAST 4TH STREET, EAST OF CLAIRMONT AVENUE, TO ENHANCE VISIBILITY AND EGRESS ONTO EAST 4TH STREET WHEREAS, the property owner and resident of 2616 East 3' Street has requested installation of red curb "No Parking" on the north side of East 4th Street, east of Clairmont Avenue, to enhance line -of -sight and safety for vehicles exiting Clairmont Avenue onto East 4th Street; and WHEREAS, there is approximately 160 feet of unrestricted parking for up to eight vehicles on the north side of East 4th Street between Clairmont Avenue and Drexel Avenue to the east making it difficult for vehicles to see westbound traffic on East 4th Street when they are trying to exit Clairmont Avenue if vehicles park close to the intersection; and WHEREAS, staff recommends painting 60-feet of curb red for "No Parking" on the north side of East 4th Street, east of Clairmont Avenue, to enhance line -of -sight and safety, resulting in the loss of three parking spaces; and WHEREAS, on April 15, 2015, the Traffic Safety Committee unanimously approved the staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of 60 feet of red curb "No Parking" on the north side of East 4th Street to enhance visibility and safety for drivers exiting Clairmont Avenue onto East 4th Street. PASSED and ADOPTED this 2nd day of June, 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 6/2/2015 — Page 75 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue, adjacent to the rear access gate of Olivewood Elementary School CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue, adjacent to the rear access gate of Olivewood Elementary School (TSC 2015-07) PREPARED BYE Kenneth Fernanrle7 P F PHONE: 619-336-4388 EXPLANATION; See attached. DEPARTMENT: Enaineerina and Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue. BOARD / COMMISSION RECOMMENDATION At their meeting on April 15, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on April 15, 2015 (TSC 2015-07) 3. Resolution EXPLANATION Mr. Raul Martinez, Director of Maintenance & Operations - Facilities for the National School District, has requested a blue curb handicap parking space on the west side of the 2600 block of Highland Avenue in front of the roar pcdcctriur, access gate of O,ivewccd Elementary School. The request was on behalf of disabled parents and gi uarriians to improve access for picking up and dropping off pre-school and kindergarten children. Beverly Hayes, Principal of Olivewood School, also supports the request. Staff visited the site and confirmed that the proposed location is appropriate for consideration of a handicap parking space, which would allow for Americans with Disabilities Act (ADA) access into the campus. Currently, there is approximately 300 feet of 30-minute, time -restricted parallel parking on the west side of the 2600 block of Highland Avenue. installation of a blue curb handicap parking space wouid r esuit in the loss of one of these 30-� i inute parking spaces. The City Council Disabled Persons Parking Policy allows for placement of on -street handicap parking spaces adjacent to schools. On April 15, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue in front of the rear pedestrian access gate of Olivewood Elementary School. Representatives from the National School District were present at the meeting to support the item. There was no public opposition to the item. It was mentioned at the meeting that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid disabled persons" license plates or placards may legally park in on -street handicap spaces for up to 72 hours. If approved by City Council, all work will be performed by City Public Works. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 15, 2015 ITEM TITLE: ITEM NO. 201.5-07 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE AT THE WESTERLY CURB OF THE 2600 BLOCK OF HIGHLAND AVENUE, ADJACENT TO THE REAR PEDESTRIAN ACCESS GATE OF OLIVEWOOD ELEMENTARY SCHOOL (BY R. MARTINEZ, NATIONAL SCHOOL DISTRICT) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Raul Martinez, National School District, Director of Maintenance & Operations, Facilities, has requested a blue curb handicap parking space in front of the rear pedestrian access gate of Olivewood Elementary School on behalf of disabled parents and guardians to provide closer proximity in picking up or dropping off students. The place being discussed is located on the west side of Highland Avenue between E 24th Street and E 28th Street on the 2600 block. According to Mr. Martinez and Olivewood Elementary's principal, Ms. Beverly Hayes, some parents and guardians driving their children to/from school possess a valid disabled person's placard from the California Department of Motor Vehicles and have expressed a need for peak -hour access. Staff visited the site and verified that the aforementioned location is the most optimal and practical place to accommodate a vehicle with a disabled driver or passenger. According to user feedback, the proposed location would cater to preschool and kindergarten student drop..off/pick-up. Furthermore, Staff has observed that the access route within the school's private property appeared to be ADA-accessible. There is approximately 300 feet of existing 30-minute time -restricted parallel parking in front of said property between adjacent driveway aprons. Currently, there are approximately 50 linear feet of existing on -street blue curb handicap parking spaces provided at the front of the school on F Avenue. However, there are no on -street handicap parking spaces provided at the rear of the school at the west side of Highland Avenue. Per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking spaces at F Avenue) would not exceed 3% of the total number of available on -street parking spaces in the area, Mr. Martinez's request is eligible for further consideration. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met (as it extends to customers when pertaining to institutions.) 2. The proposed disabled parking space must be in adjacent to the applicant's (or guardian's) place of residence/business. This condition is met. 3. The institution must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. Thisiv condition is met because the distance between the existing and proposed blue curb is approximately 2,000 linear feet in perimeter distance. Based on the site evaluations, staff has determined that accessible parking is not available on the property and additional on -street accessible parking is warranted. it shall be noted that handicap parking spaces do not constitute `personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage at the westerly curb of the 2600 block of Highland Avenue, adjacent to the rear pedestrian access gate of Olivewood Elementary School. Because of the existing signage conditions, t , thislocation alreadyto ` public ditiviiS iuCativii is aiieau' restricted .��-minute parking everyday from 7:00 AM to 4:00 PM. Therefore, the proposed blue curb will be subject to these conditions as reflected in the "General Requirements" Section of the City Council's Disabled Persons Parking Policy. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2015-07 AflONA CHOO r I ' CT kul Martinez, Director of Maintenance & Operations, Facilities 1400 NAvenue National City, CA 91950 619.336.7780 raulmartinerz@national.k12.ca.us February 5, 2015 Mr. Kenneth Fernandez, P.E. Civil Engineer City of National City Engineering and Public Works Department Re: Pre -School Facility at Olivewood Elementary Disabled Parking on Highland Avenue Dear Mr. Fernandez, Recently, National School District has received concerns from parents/guardians at the Prey School Facility located at Olivewood Elementary fur the lack of disabled parking on Highland Avenue. In an effort to comply with accessibility compliance to the facility, National School District is nequestrthg from the City of Nash ! City, a blue curb on .4.thland Avenue by the access gate to the entrance of the Pre -School located at Olivewood Elementary. This blue curb would facilitate disabled parking for pre-school parents/ guardians to the pre-school facility. Please advise as to what the District's next step/s would be to address this concern. Kenneth Fernandez From: Raul Martinez<RauLMartinez@national.k12.ca.us> Sent Thursday, February 05, 2015 3:43 PM To: Kenneth Fernandez Subject SPAM:Re: Potential Blue Curb/Parking Tees Request at back of O!ivewood Elementary along west side of Highland Ave Attachments: Letter to City.pdf Categories: Green Category Kenneth, Re: Pre -School Facility at Olivewood Disabled Parking on Highland Attached is the letter from the District requesting the City of National City to start the process for a disabled parking on Highland. Please keep me in the loop periodically as things materialize, and let me know if you need anything else from us. Thank you for all your help. Raul Martinez Director Maintenance & Operations, Facilities National School District 1400 "N" Ave. National City CA 91950 Office (619) 336-7780 »> Kenneth Fernandez <KFemandeznationalcityca.gov> 2/4/2015 4:27 PM »> Good Afternoon Raul, Per our recent phone conversation, my contact information is listed below. 1 look forward to your letter or email correspondence regarding the subject -reference location. Sincerely, Kenneth Fernandez, P.E. Civil Engineer City of National City Engineering and Public Works Department Engineering Division i Capital Improvement Projects (CIP), Transportation Engineering, Wastewater/Stormwater, Plan Checking, and Front Counter Sections 1243 National City Boulevard National City, CA 91950-4301 Office: 619-336-4380 Direct: 619-336-4388 Fax: 619-336-4397 The City of National City is open Monday through Thursday from 7:00 AM-6:00 PM. City Hall &Noes are closed on Fridays. uxctv�a�t4 griONAL CITY 1. 144iHiPiaS'.tffi9 •. 2 Location Map - -0126-510` SWEETWATER IfilIGH SCHOOL --- Approximately 300' of Existing Signed 30- Minute Parking' OLIVEWOOD ELEMENTARY SCHOOL 2600 !Mock of Highland Avarua PARKING ORLY • 1.1‘ 7-`k7cLr • ." • 1.-L2- Approximately 50' of Existing Blue Curb Disabled Perking at F Avenue 1. \ • 't 11 rt,j. n " • - - --- AVENUE HIGHLAND _ Proposed Location I adjacent to rear gate Location of Proposed Blue Curb and Signage at 2600 bik of Highland Avenue (looking southwest) Location of Proposed Blue Curb and Signage at 2600 blk of Highland Avenue (looking west) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking .rna.ces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate s authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc, 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation_ hails, mU.seums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General .Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking sTm.ce .must be in front of the applicant's (or guardian's) place of residence. Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) 7ha:p RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN ON THE WEST SIDE OF THE 2600 BLOCK OF HIGHLAND AVENUE, ADJACENT TO THE REAR ACCESS GATE OF OLIVEWOOD ELEMENTARY SCHOOL WHEREAS, on behalf of disabled parents and guardians, the Director of Maintenance & Operations —Facilities for the National School District, has requested a blue curb handicap parking space on the west side of the 2600 block of Highland Avenue in front of the rear pedestrian access gate of Olivewood Elementary School to improve access for picking up and dropping off pre-school and kindergarten children; and WHEREAS, staff visited the site and confirmed that the proposed location is appropriate for consideration of a handicap parking space, which would allow for individuals with disabilities access onto the campus; and WHEREAS, currently, there is approximately 300 feet of 30-minute, time - restricted parallel parking on the west side of the 2600 block of Highland Avenue, and the installation of a blue curb handicap parking space would result in the loss of one of these 30- minute parking spaces; and WHEREAS, the City Council Disabled Persons Parking Policy allows for placement of on -street handicap parking spaces adjacent to schools; and WHEREAS, on April 15, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue in front of the rear pedestrian access gate of Olivewood Elementary School. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with sign on the west side of the 2600 block of Highland Avenue in front of the rear pedestrian access gate of Olivewood Elementary School. PASSED and ADOPTED this 2nd day of June, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 6/2/2015 — Page 89 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 127 Laurel Avenue (TSC 2015-08). (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing ig the installation of a blue curb handicap parking space with sign in front of the residence at 127 Laurel Avenue (TSC 2015-08) PREPARED BYr Kenneth Fernandez. P.E. PHONE, 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space With sign in front Of 127 Laurel Avenue. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on April 15, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 127 Laurel Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on April 15, 2015 (TSC 2015-08) 3. Resolution EXPLANATION Mr. Enrique Paniagua, resident ot 127 Laurel Avenue, has requested a blue curb handicap parking space in front of his residence due to physical limitations The residence, is located on the east side ot Laurel Avenue between E. 1st Street and E. 2n" Street. Mr. Paniaqua possesses a valid disabled person's placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. There is approximately 20 feet of existing unrestricted oarallel parking immediately in front of 127 Laurel Avenue. Within the private property, there is a concreted front area where vehicles are abie to park. However, the average slope of the concrete slab exceeds a 1:12 (8.33%) slope and thus, does not comply with Americans with Disabilities Act (ADA) requirements. Currently, there are no on -street handicap parking spaces provided nearby the residence. As such, Mr. Paniagua's request is eligible for further consideration. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 4 Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 127 Laurel Avenue. On April 15, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 127 Laurel Avenue. Mr. Paniagua was invited to the meeting but was not able to attend. Instead, he communicated his support of the item by telephone, in person and in writing to Engineering staff. There was no public opposition to the item. Mr. Paniagua was informed that handicap parking spaces do riot constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may legally park in on -street handicap spaces for up to 72 hours. If approved by City Council, all work will be performed by City Public Works. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 15, 2015 ITEM TITLE: ITEM NO. 2015-08 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 127 LAUREL AVENUE (BY E. PANIAGUA) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Enrique Paniagua, resident of 127 Laurel Avenue, has requested a blue curb handicap parking space in front of his residence due to physical limitations. The residence is located on the east side of Laurel Avenue between E. 1st Street and E. 2nd Street. Mr. Paniaaua possesses a valid disabled person's placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence has a one -car garage and a steep driveway that cannot accommodate a vehicle with a disabled driver or passenger. Mr. Paniagua's front yard is concreted and has the ability to store vehicles. However, Staff has also determined that it is not ADA-accessible parking since the average slope is 13.2% and exceeds the 8.33% (1:12) threshold. The curb length in front of the residential lot between 127 and 133 Laurel Avenue is approximately 50 feet. Currently, there are no on -street handicap parking spaces provided in the general vicinity. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Based on the site evaluation, staff has determined that accessible parking is not available on the property. As a result, per the City Council Disabled Persons Parking Policy, Mr. Paniagua's request is eligible for further consideration. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space vvith signage in front of the residence at 127 E. Laurel Avenue. EXHIBITS: I. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2015-08 REQUEST FOR ACCESSIBLE ASSIGNED FAKING SPACE kiLARoll29 2015 THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CALIFORNIA 91950 REQUEST FOR REASONABLE ACCOMMODATION UNDER THE FAIR ROUSING ACT Under the provisions of the Americans with Disabiiiies Act, as amended, and the Fair Housing Act, as amended, I respectfully request an assigned able parking space close to my housing unit located at 127 Laurel Avenue National City CA. This request constitutes a "reasonable accommodations" because of my disability. I am in possession of a valid disabled parking (placard or plate) issued by the California Depart- ment of Motor Vehicles. I have a narrow and very inclined driveway that is not so easily accessible to my disabilities. You consideration of this matter will be greatly appreciated. Sincerely, -7 /9' /0(- /4" iv!, Am z y4:,/ ? 4-e) WHEN YOUR PLACARD IS PROPERLY .0LAE; *DISABLED PERSON PARKING SPA S'(BLUE0} PAYING *GREEN ZONES WITHOUT -ItI',T PREFERENTIAL PARKING PRIVILY x YOU . MAY NOT PARK IN/ON • *RE 1,. O •*,I, '` ' ,tg R$' x°ZONES WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH' :L i �D, ,BLED PERSON PARKING SPACES. N1‘3 A' k . ' .w IT IS CONSIDERED MISUSE. *TO D.... 'Y` 'A.UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLA'A. ` �GHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO� ' BERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULTL NNCANCELLATION OR REVOCATION OF THE PLACARD. LOSS OF PARKING PRIVILEGES, AND/OR FTriR. 'STAYEOFCAUFORIIW A A Pwblic Service Agency ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2017 *** D I S A B L E D PERSON P LAC A R D *** PLACARD NUMBER: 165614D PANIAGUA ENRIQUE 127 LAUREL AVE NATIONAL CITY CA 91950 CO: 37 PIC: 1 TV: 91.. DATE ISSUED: 01/07/15 MO/YR: WM DT FEES RECVD: 01/07/15 DUE : NONE ti"'ARECVD - CASH - CHCK : CRDT : E10 613 27 0000000 0009 CS E10 010715 N1 165614D DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS ,T,DF ,,L1WFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD I OWNk .'.. ; IT "'TO ANY PEACE OFFICER UPON DEMAND': ' IMMEDIATELY NOTIFY DMV BY MAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FROM' SCE'' WEAR VIEW MIRROR , REMOVE IT WHEN DRIVING . PLACARD#: EXPIRES: DOB: ISSUED: TYPE: 165614D 06/30/2017 12/07/1950 01/07/15 N1 PLACARD HOLDER: PANIAGUA ENRIQUE 127 LAUREL AVE NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSONS VEHICLE AP SELF-SERVICE RATES, F„XCEPT SELF,. r FACILITIES WITH ONLY ONE CASHIER. 6 AY PARK IN/ON: <;"*STRE ET METERED ZONES WITHOUT LIMITS *STREET WHERE IDENTS AND MERCHANTS. i'qVALitittOS: T ilLr2 'z,Dcski nE.--42,1217c4. rnvoximurre fint; (F FUEL irc jrz iJb7•Po"...t Location Map) 127 mural Avenue 133 Laurel Avenue Proposed Blue Curb Disabled Parking .11 C� PARKING ONLY Location of Proposed Blue Curb and Signage at 127 Laurel Avenue (looking northeast) Location of Proposed Blue Curb and Signage at 127 Laurel Avenue (looking east) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at. major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons, 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may he provided within all publicly owned; leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Sj eeiai Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not con3titute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. 7ha:p NAME ORGANIZATION Traffic Safety Comr Special ME—ing ,kpril 15, 2015 CONTACT INFORMATION L) Alt vtik, 601f14(c 4,_ e,41 b F ti) el'iLl AuEtkk\I SA- LA-s Nitenoijtt... scifvot, biste.tcr- kl 4) 53G— Nib .--t 4 64-3150, 536 - 'Wolf ,__LI_eb plueGru CI9V14741-(46 ifrf _Gtt- - 42L.F6Z92 6,/ 7— „?_526' — 5..--T,c-- eli-P-fre-4111 ao 6-460442., 6aie, i6Z1-i-70 7,1 k7klL 414*-1 CI 77-4. 504V:v-, : 6,(4.- 57 Cirtri75 __)e, itic.„7-sc_ 16 1,‘Mo IVCILS e Cruz Putetas-Aiv;)g eft/ of N)""''''11-4,1 Cy (w1) 336- q 387- Kt*, n ne-th 'Pen/ ct netet I t I i r 336 - Lt9 'g6 / op/ au/4m 13.2zi Si DR6i(E(140&-Jvirri, 6-7,/ tq-- 26q- 9 f6E-cle9 7- 9262. t22A em--zA-z CITY CF RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 127 LAUREL AVENUE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of his home at 127 Laurel Avenue, on the east side of Laurel Avenue between East 1st Street and East 2nd Street; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at its April 15, 2015 meeting, the Traffic Safety Committee approved the installation a blue curb handicap parking space with signage in front of the home at 127 Laurel Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 127 Laurel Avenue. PASSED and ADOPTED this 2nd day of June, 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 6/2/2015 — Page 104 The following page(s) contain the backup material for Agenda Item: Warrant Register #43 for the period of 04/15/15 through 04/21/15 in the amount of $889,689.68 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #43 for the period of 04/15/15 through 04/21/15 in the amount of $889,689.68 (Finance) PREPARED BY: K. Apalategu► DEPARTMENT: FinanC9 PHONE: [619-336-4572! APPROVED BY: '�°Ul� EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/15/15 through 04/21/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire ACCO Engineering 317237 E2 Manage Tech Inc EC Constructors Inc L B Civil Construction Inc 317253 317254 317268 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $889,689.68 Amount 62,472.00 127,308.81 145,891.85 192,388.30 Explanation Kimball Tower WITOD Property Mitigation Project Aquatic Center Project A Avenue Green Street APPROVED: , -! i Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Ratification of warrants in the amount of $889,689.68 BOARD 1 COMMISSION RECOMMENDATION; N/A ATTACHMENTS: Warrant Register #43 PAYEE GACITUA SILVA, C SDG&E SWEETWATER AUTHORITY ACCO ENGINEERED SYSTEMS INC ALL THE KINGS FLAGS AQCS ENVIRONMENTAL ASSI SECURITY INC BAXTER'S FRAME WORKS BPI PLUMBING CALIFORNIA COMMERCIAL SECURITY CALIFORNIA DEPARTMENT OF FISH CALIFORNIA ELECTRIC SUPPLY CHRISTENSEN & SPATH LLP CITY OF NATIONAL CITY CLEAN HARBORS CNOA COOPER'S PLUMBING & HEATING DALEY & HEFT LLP DEPARTMENT OF JUSTICE D-MAX ENGINEERING E2 MANAGE TECH INC EC CONSTRUCTORS INC FALLEN OFFICERS FUND FORTEL TRAFFIC INC GEORGE H WATERS NUTRITION CTR GOODYEAR TIRE & RUBBER COMPANY GREEN MECHANICAL CONTRACTORS GUTIERREZ JR, C INNOVATIVE CONSTRUCTION INTEGRA REALTY RESOURCES JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KNOX ATTORNEY SERVICE INC KONICA MINOLTA L B CIVIL CONSTRUCTION INC LASER SAVER INC LOCAL GOVERNMENT PUBLICATIONS MAINTEX INC MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR WARRANT REGISTER #43 4/21/2015 DESCRIPTION REIMB / CITY ATTORNEY ASSOC CONFERENCE FACILITIES DIVISION GAS & ELECTRIC FACILITIES DIVISION WATER BILL KIMBALL TOWER CITY-WIDE FLAGS, ACCESSORIES & POLES VARIOUS LOCATIONS SITE INSPECTION CITY-WIDE SECURITY REPAIRS PURCHASE OF GRAPHIC ARTWORK OF SEAL CITY-WIDE PLUMBING SERVICE & REPAIR MOP#45754 BUILDING AND STRUCTURES PARADISE CREEK STREAMBED ALTERATION MOP#45698 ELECTRICAL MATERIALS SUMMERCREST SUBORDINATION PETTY CASH REPLENISHMENT - FEB 2015 HAZARDOUS MATERIAL DROP OFF SVCS TUITION: C GUTIERREZ - FIELD SOBRIETY TESTING CITY-WIDE PLUMBING SERVICES / PW LIABILITY CLAIM COSTS NEW EMP FINGERPRINT TEST RESULTS PARADISE CREEK KIMBALL PARK WITOD PROPERTY MITIGATION PROJECT AQUATIC CENTER PROJECT SO CA GANG CONFERENCE / POLICE TRAFFIC SIGNALS NU-2014-1213. NU-2015-0307 NH COUNCIL MOP#72654 TIRES CITY-WIDE HVAC SERVICE AND REPAIRS SUBSISTENCE - STANDARDIZED FIELD A AVENUE GREEN STREET APPRAISAL SVCS - PLAZA BONITA RD MOP#72449 AUTO EQUIPMENT RETIREES INS - APR 2015 RETIREES INS - APRIL 2015 WITHDRAWAL OF MOTION COPIER EQUIPMENT LEASE A AVENUE GREEN STREET MOP 45725 TONER CARTRIDGE-ENG LONGTIN'S CA LAND USE 2015 UPDATE CITY-WIDE JANITORIAL SUPPLIES & PARTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP#75943 AUTO PARTS 1/2 CHK NO DATE AMOUNT 317233 4/16/15 164.07 317234 4/20/15 38,646.66 317235 4/20/15 11,956.76 317236 4/21/15 62,472.00 317237 4/21/15 441.65 317238 4/21/15 995.00 317239 4/21/15 650.00 317240 4/21/15 1,500.00 317241 4/21/15 487.33 317242 4/21/15 835.24 317243 4/21/15 4,912.25 317244 4/21/15 18.81 317245 4/21/15 562.50 317246 4/21/15 955.47 317247 4/21/15 805.00 317248 4/21/15 180.00 317249 4/21/15 750.00 317250 4/21/15 388.85 317251 4/21/15 260.00 317252 4/21/15 28,288.50 317253 4/21/15 127,308.81 317254 4/21/15 145,891.85 317255 4/21/15 300.00 317256 4/21/15 21,857.45 317257 4/21/15 3,187.50 317258 4/21/15 476.88 317259 4/21/15 3,700.00 317260 4/21/15 256.00 317261 4/21/15 37,178.00 317262 4/21 /15 3,250.00 317263 4/21 /15 193.90 317264 4/21 /15 24,514.26 317265 4/21 /15 8,526.22 317266 4/21/15 19.95 317267 4/21/15 2,010.53 317268 4/21/15 192,388.30 317269 4/21/15 326.84 317270 4/21/15 97.43 317271 4/21/15 475.99 317272 4/21/15 9,107.28 317273 4/21/15 3,880.90 317274 4/21/15 954.49 317275 4/21/15 611.00 317276 4/21/15 499.50 317277 4/21/15 407.00 317278 4/21/15 392.97 317279 4/21/15 91.25 317280 4/21/15 75.00 317281 4/21/15 990.58 NATIONAL CITY AUTO TRIM NATIONAL CITY CHAMBER NATIONAL CITY TROPHY PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC REGIONAL WATER SAFRAN MORPHOTRUST SAM'S ALIGNMENT SERVICE SDG&E SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STUTZ ARTIANO SHINOFF STUTZ ARTIANO SHINOFF THE LIGHTHOUSE INC THE STAR NEWS THE STAR NEWS TODD PIPE & SUPPLY LLC TORREY PINES BANK TRANE US INC TYLER TECHNOLOGIES INC U S BANK UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WESTERN SIGN & AWNING SDG&E WIRED PAYMENTS TRISTAR RISK MANAGEMENT MOP#72441 AUTO EQUIPMENT NC TOURISM MARKETING FEE- FEB 2015 MOP#66556 BUILDING MATERIALS SMOG CERTIFICATION & REPAIRS / PW MOP#45703 AUTO EQUIPMENT MOP#67839 AUTO PARTS MOP#45707 ELECTRICAL MATERIAL MOP#45742 LAUNDRY N.C.LIBRARY HVAC PARADISE CREEK STREAMBED ALTERATION NEW EMP FINGERPRINT TEST SUBMISSION MOP#72442 AUTO EQUIPMENT STREET DIVISION GAS & ELECTRIC CHARGES MOP 45756. SUPPLIES FOR FIRE DEPT MOP 63845 ENVELOPES - HOUSING MOP#45758 GAS, OIL & LUBRICANTS 1 PW MOP#45704 OFFICE SUPPLIES LIABILITY CLAIM COST LIABILITY CLAIM COST MOP#45726 AUTO PARTS ADVERTISEMENT - VOICE OVER IP RFP ADVERTISING - BID, 2015 FORD TAURUS PLUMBING MATERIALS, PARTS, AND SUPPLIES ESCROW AQUATIC CENTER CITY-WIDE HVAC SERVICES AND REPAIRS CONTRACT MANAGEMENT LICENSE CREDIT CARD EXP COMM DEV UNDERGROUND SERVICE ALERT CHARGES VOICE OVER IP RFP - MIS MOP#62683 AUTO PARTS MOP#46453 MATERIALS MOP 68834 PAINT - NSD REFUND: PERMIT #73450; 2100 HIGHLAND AVE GAS AND ELECTRIC UTILITIES / 5 A PREFUND FOR LARRY BECK GRAND TOTAL 2/2 317282 4/21/15 719.40 317283 4/21/15 27,044.68 317284 4/21/15 62.68 317285 4/21/15 110.00 317286 4/21/15 46.15 317287 4/21/15 270.07 317288 4/21/15 287.05 317289 4/21/15 453.26 317290 4/21/15 8,687.50 317291 4/21/15 500.00 317292 4/21/15 12.00 317293 4/21/15 372.25 317294 4/21/15 35,231.53 317295 4/21/15 170.22 317296 4/21/15 1,039.07 317297 4/21/15 43.48 317298 4/21/15 395.79 317299 4/21/15 3,023.74 317300 4/21/15 752.92 317301 4/21/15 195.55 317302 4/21/15 125.59 317303 4/21/15 74.31 317304 4/21/15 2,990.93 317305 4/21/15 7,678.52 317306 4/21/15 786.14 317307 4/21/15 9,425.00 317308 4/21/15 28.00 317309 4/21/15 195.00 317310 4/21/15 2,866.00 317311 4/21/15 495.95 317312 4/21/15 1,095.87 317313 4/21/15 587.73 317314 4/21/15 177.60 317315 4/21/15 294.44 A/P Total 850,478.39 214229 4/21/15 39,211.29 $ 889,689.68 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2"d OF JUNE, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 6/2/2015 — Page 109 The following page(s) contain the backup material for Agenda Item: Warrant Register #44 for the period of 04/22/15 through 04/28/15 in the amount of $1,550,999.61 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #44 for the period of 04/22/15 through 04/28/15 in the amount of $1,550,999.61 (Finance) PREPARED BY: K. Apalategur PHONE: 619-336-4572, DEPARTMENT: Financ APPROVED BY: gig EXPLANATION: 1Per Government Section Code 37208, attached are the warrants issued for the period of 04/22/15 through 04/28/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Project Professionals Corp 317380 Public Emp Ret System 424015 Amount 74,203.16 324,272.11 Explanation Aquatic Center Project Service Period 3/31/15-4/13/15 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,550,999.61 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: °a + ,,_ Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,550,999.61 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #44 PAYEE BOARD OF EQUALIZATION ACME SAFETY & SUPPLY CORP ALDEMCO ALL FRESH PRODUCTS AT&T MCI AUTOMOTIVE TRAINING AUTHORITY BSE ENGINEERING, INC. CAL UNIFORMS INC CALIFORNIA AIR COMPRESSOR CO CALIFORNIA COMMERCIAL SECURITY CEB CLF WAREHOUSE COMMERCIAL AQUATICS COUNTY OF SAN DIEGO COX COMMUNICATIONS CRYWOLF INC CULLIGAN CWEA RENEWAL CWEA RENEWAL DANIELS TIRE SERVICE DATA TICKET INC DELTA DENTAL DEPARTMENT OF TRANSPORTATION D-MAX ENGINEERING DONNOE & ASSOCIATES INC DRACO TRUCKS & EQUIPMENT INC EHS LABORATORIES ENTERPRISE FLEET MANAGEMENT FEDEX FORTEL TRAFFIC INC GALLS INC GONZALEZ, A GONZALEZ, W GOVCONNECTION INC GRAINGER GTC SYSTEMS INC H M PITT LABS INC HARRIS & ASSOCIATES INC HEALTH NET HYDRO SCAPE PRODUCTS INC INFLATABLE WORLD CORP JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KONICA MINOLTA LASER SAVER INC LEHR AUTO ELECTRIC LINE X SAN DIEGO LOPEZ, T MAXILOM, L WARRANT REGISTER #44 4/28/2015 DESCRIPTION SALES TAX LIABILITY / JAN - MAR 2015 LIGHT WEIGHT JACKETS CONSUMABLES / NUTRITION FOOD / NUTRITION CENTER AT&T PHONE SERVICE / 3/1/15 - 3/31/15 TRAINING: R HUERTA - MODERN DIESEL N.C. POLICE STA. (3) SILVER STRIPING BRAID ON CLASS A 1- 7.5 MAGNETIC STARTER CASA DE SALUD DOORS & HARDWARE WRONGFUL EMP TERMINATION UPDATE 2- RADIAL SEAL INNER AIR POOL SERVICE & REPAIRS SHARE OF PC REVENUE - MAR 2015 COX INTERNET SERVICES FY15 KENSINGTON KEYFOLIO PRO 2 KEYBOARD WATER SOFTNER / NUTRITION CERTIFICATION RENEWAL FEES - L GONZALEZ MEMBERSHIP RENEWAL - J ROUSTON TIRES FOR CITY FLEET TICKET APPEALS & ON-LINE ACCESS / JAN 20 COBRA DENTAL INS - MARCH 2015 HIGHWAY LIGHTING FOR FY 2015 STORM WATER POLICE SERGEANT/CORPORAL TEST RENTALS 1- ACCEL PEDAL ASM TESTING 3 LEAD WIPES FOR REHAB PROGRAM FLEET LEASE SHIPMENT / LIBRARY PARTS FOR SIGNS REVERSED FLAG GOLD BORDER REIMB: DOOR HARDWARE FOR CITY FACILITY REIMB: WEARING APPAREL VSPHERE 5 ENTERPRISE PLUS LICENSING MOP#65179 ELECTRICAL MATERIALS NETWORK ENGINEERING SERVICES TESTING OF 3 LEAD WIPES TRAFFIC DATA COLLECTION SERVICES R1192Q FOR MARCH 2015 MOP 45720. SUPPLIES FOR PARKS DEPT REFUND: AFTER HOUR TECH INSPECTION MOP#69277 HORTICULTURAL ITEMS RETIREES INS - COBRA MARCH 2015 COPIER EQUIPMENT LEASE HP TONER CARTRIDGES VEHICLE STRIP REPAIR OF POLICE VEHICLE TECH FLOOR LINER INTERPRETATION SERVICES REIMB: CAPIO CONFERENCE 1/3 CHK NO DATE AMOUNT 317316 4/28/15 1,148.00 317317 4/28/15 78.48 317318 4/28/15 5,709.70 317319 4/28/15 1,432.66 317320 4/28/15 357.32 317321 4/28/15 199.00 317322 4/28/15 48,260.74 317323 4/28/15 45.00 317324 4/28/15 567.00 317325 4/28/15 3,967.17 317326 4/28/15 618.96 317327 4/28/15 175.95 317328 4/28/15 4,858.70 317329 4/28/15 13,120.75 317330 4/28/15 3,549.65 317331 4/28/15 408.16 317332 4/28/15 8.00 317333 4/28/15 84.00 317334 4/28/15 10.00 317335 4/28/15 1,078.53 317336 4/28/15 5,321.97 317337 4/28/15 504.71 317338 4/28/15 8,892.01 317339 4/28/15 41,778.00 317340 4/28/15 795.00 317341 4/28/15 310.07 317342 4/28/15 18.00 317343 4/28/15 15,910.05 317344 4/28/15 63.49 317345 4/28/15 3,147.47 317346 4/28/15 304.21 317347 4/28/15 24.38 317348 4/28/15 283.00 317349 4/28/15 16,954.01 317350 4/28/15 181.11 317351 4/28/15 1,950.00 317352 4/28/15 45.00 317353 4/28/15 2,120.00 317354 4/28/15 1,726.35 317355 4/28/15 86.30 317356 4/28/15 200.00 317357 4/28/15 157.33 317358 4/28/15 509.71 317359 4/28/15 7,390.95 317360 4/28/15 616.72 317361 4/28/15 600.00 317362 4/28/15 326.35 317363 4/28/15 210.00 317364 4/28/15 177.14 PAYEE MCDOUGAL LOVE ECKIS MELLADO DESIGNS METRO FIRE & SAFETY MOSSY NISSAN NATIONAL CITY TROPHY OPTIBIZ LLC PACIFIC AUTO REPAIR PACIFIC PRODUCTS & SERVICES PADRE JANITORIAL SUPPLIES PE, R POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROGRESSIVE INSURANCE PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RAOZ GENERAL ENGINEERING INC RUELAS AVILA, C SAFDIE RABINES ARCHITECTS RAWNAK, 5 SAN DIEGO DAILY TRANSCRIPT SAN DIEGO HUMANE SOC & SPCA SDG&E SERVICEMASTER ALL PHASE SHERWIN WILLIAMS SMART SOURCE OF CALIFORNIA LLC SOUTH BAY WINDOW & GLASS CO SOUTH COUNTY BUICK GMC SOUTHERN CALIFORNIA SOIL & SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE SUN BADGE COMPANY INC SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE BANK OF NEW YORK MELLON THE HOME DEPOT CREDIT SERVICES THOMSON WEST TRITECH SOFTWARE SYSTEMS TURF STAR U S BANK U S HEALTHWORKS UNION TRIBUNE PUB CO URS CORPORATION VERIZON WIRELESS VERONICA TAM & ASSOCIATES WARRANT REGISTER #44 4/28/2015 DESCRIPTION LIABILITY CLAIM COSTS POLO NAVY T-SHIRTS WITH EMBROIDERED 20LB DRY CHEMICAL RECHARGE PARTS- OIL FILTER/ENGINE OIL MOP 66556 SUPER STAR MEDAL - CDC REGISTRATION: L SAINZ, D SIMMS, T SIMMON SMOG CERTIFICATION & REPAIRS FOR CITY COBRA COMBINATION- GAS POWERED DRILL JANITORIAL SUPPLIES / NUTRITON CENTER REIMB: APA NAT'L PLANNING CONFERENCE MOP#67839 AUTO PARTS MOP#45707 MATERIALS AND SUPPLIES KNIFE SHARPENING / NUTRITION LIABILITY CLAIM COSTS THERMAL PAPER - COUNTER AQUATIC CENTER MOP#45742 LAUNDRY LIBRARY HVAC REFUND: DEP#90095 701 NC BLVD REIMB: STRAIGHTEDGE DRAWING BOARD AQUATIC CENTER REFUND: BUSINESS LICENSE APPLICATION ADVERTISING: GROVE STREET TUITION: BACKGROUND INVESTIGATION FACILITIES DIVISION GAS & ELECTRIC LIABILITY CLAIM COSTS MOP#77816 PAINTING SUPPLIES MOP 63845 BUSINESS CARD IMPRINTS CITY-WIDE WINDOW/DOOR/MIRROR PARTS- OIL, FILTER, CONNECTOR 8TH ST.SMART GROWTH LIGHTING SERVICES WATER FOR MAYOR/COUNCIL FY15 MOP 45704 OFFICE SUPPLIES - MIS BUCKLES, CHROME BELT BUCKLE TACK OIL, 3/8 SHEET & COLD MIX ASPHALTS PARKS DIVISION WATER BILL FOR FY 2015 CONSUMABLES / NUTRITION CENTER CUSTODIAN FEES 07/01/14 - 09/30/14 1 1/4 CONNECTORS/8PK SCREWS ONLINE LEGAL RESEARCH DBA SUPPORT FOR MISSING NARRATIVES SPACER/HOC CAP ASM CREDIT CARD EXP - FIRE PRE -EMPLOYMENT PHYSICALS PUBLIC NOTICING / PLANNING COMMISSION KIMBALL MORGAN NUTRI. VERIZON WIRELESS / 3/2/15 - 4/1/15 CDBG FY 2015 / SDRAI FEB 2015 2/3 CHK NO DATE AMOUNT 317365 4/28/15 927.87 317366 4/28/15 138.24 317367 4/28/15 176.74 317368 4/28/15 237.64 317369 4/28/15 465.69 317370 4/28/15 147.00 317371 4/28/15 55.00 317372 4/28/15 6,821.22 317373 4/28/15 330.43 317374 4/28/15 856.12 317375 4/28/15 145.08 317376 4/28/15 1,010.58 317377 4/28/15 46.00 317378 4/28/15 4,382.44 317379 4/28/15 148.75 317380 4/28/15 74,203.16 317381 4/28/15 151.27 317382 4/28/15 9,300.00 317383 4/28/15 500.00 317384 4/28/15 99.88 317385 4/28/15 14,981.27 317386 4/28/15 100.00 317387 4/28/15 778.80 317388 4/28/15 777.00 317389 4/28/15 30.70 317390 4/28/15 1,677.52 317391 4/28/15 723.76 317392 4/28/15 63.22 317393 4/28/15 10.90 317394 4/28/15 311.67 317395 4/28/15 1,098.50 317396 4/28/15 13,240.65 317397 4/28/15 2.00 317398 4/28/15 702.77 317399 4/28/15 734.51 317400 4/28/15 596.16 317401 4/28/15 3,282.53 317402 4/28/15 5,669.79 317403 4/28/15 300.00 317404 4/28/15 24.48 317405 4/28/15 782.72 317406 4/28/15 1,824.00 317407 4/28/15 81.12 317408 4/28/15 1,811.08 317409 4/28/15 1,380.00 317410 4/28/15 320.40 317411 4/28/15 565.00 317412 4/28/15 1.90 317413 4/28/15 3,667.28 PAYEE VISION SERVICE PLAN VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY CHRISTENSEN & SPATH LLP KANE BALLMER & BERKMAN OPPER & VARCO LLP US BANK WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period 9 Start Date 4/14/2015 WARRANT REGISTER #44 4/28/2015 DESCRIPTION VISION SVC PLAN (GA) APRIL 2015 MOP 68834 PAINTS - NSD MISCELLANEOUS JANITORIAL SUPPLIES FEDERAL CIVIL JUDICIAL MOP#45763 MATERIALS LEGAL /MORGAN SQUARE/SA LEGAL / S A OPERATIONS LEGAL / EDUCATIONAL VILLAGE/GENERAL/S A ADMIN FEES 2011 TAX ALLOC 3/1/15 - 2/29/15 SERVICE PERIOD 03/31/15 - 04/13/15 End Date 4/27/2015 Check Date 5/6/2015 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 317414 4/28/15 417.03 317415 4/28/15 781.75 317416 4/28/15 118.92 317417 4/28/15 124.26 317418 4/28/15 53.78 317419 4/28/15 4,387.50 317420 4/28/15 292.50 317421 4/28/15 130.00 317422 4/28/15 1,500.00 AIP Total 359,769.68 4242015 4/24/15 324,272.11 866,957.82 S 1,550,999.61 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. r MARK ROBERT% FINANC LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2" a OF JUNE, 2015. AYES NAYS AB SENT CC/CDC-HA Agenda 6/2/2015 — Page 115 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — 24th Annual Automobile Heritage Day Car Show & Festival hosted by the National City Chamber of Commerce at Kimball Park on August 8, 2015 from 9 a.m. to 3 p.m. This is a National City co -Sponsored event per City Council Policy No. 8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — 24th Annual Automobile Heritage Day Car Show & Festival hosted by the National City Chamber of Commerce at Kimball Park on August 8, 2015 from 9 a.m. to 3 p.m. This is a National City Co -Sponsored event per City Council Policy No. 804 PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: (See Attached Report) DEPARTMENT: Neighborhood Services Department APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire Permit, and $2,893.14 for Public Works. Total fees are $3,330.14 (not including the waiver). After the $1,000 fee -waiver, total due $2,330.14 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Staff does not recommend the use of jumpers, petting zoo or beer garden for this event. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 Explanation Report EXPLANATION: This is a request from the National City Chamber of Commerce to conduct the 24th Annual National City Automobile Heritage Car Show & Festival event at Kimball Park on Saturday August 8, 2015 from 9 a.m. to 3 p.m. This event will celebrate National City's automotive history and display of classic cars & motorcycles. There will also be food vendors, live entertainment, a kids play area with face painting, magicians and a request for an air -jumper, petting zoo, and a kid's train ride. This event is also asking to have a beer garden by the bowl area. The Chamber is requesting to use the City's P.A. system and stage. This event and sponsoring organization are listed as a City co -sponsored event per City Council Policy No. 804 for which is eligible for a waiver of fees up to the amount of $1,000.00. Based on the applicants request for three particular special uses associated with this application, the following information and City's municipal codes are provided to address the staff recommendations to deny the request for the beer garden, inflatable air -jumps and the petting zoo. Staff Recommendation for Denial on Beer Garden Alcohol in the park is specifically prohibited and is a misdemeanor under NCMC 10.30.030. There is a specific exception for alcohol in NCMC 10.30.040, which states "... the city council may allow the sale or use of alcoholic beverages in a city -owned building located within a public park in conjunction with an application for a temporary use permit pursuant to Chapter 15.60." Thus, the only allowable consumption of alcohol in a park is when it's consumed in a building located within a park and part of a TUP. The Chapter addressing TUPs applies to allowing deviation from the codes found in Title 15 and 18 (building and land use codes). Thus, Chapter 15.60 does not contemplate waiving the provisions found in Chapter 10.30. Thus, in examining Chapter 15.60, it would not allow a TUP to waive the Title 10 prohibition of alcohol in the park. There is, however, a specific provision in Title 10 that allows alcohol to be consumed via a TUP if it is in a city -owned building located within a park. Thus, to the extent there is a city -owned building that could be used for a beer garden, which would be permissible under the code. Staff Recommendation for Denial of Petting Zoo Section 10.52.010 sets forth the prohibited activities in city parks. One of the prohibited activities is to "bring, ride, allow, or permit any bovine animal, sheep, goat, swine, or horse to enter or occupy the premises." NCMC 10.52.010(C). In addition, dogs are prohibited in the parks. NCMC 10.52.010(D). Should some of the animal's part of the petting zoo fall within these categories, they are prohibited by the code. Section 8.32.010 lists animals prohibited in the City. Some of these animals may be part of a contemplated petting zoo. To the extent some of the prohibited animals on part of the proposed petting zoo, please note Section 8.32.010(B) has an explicit exception for a traveling circus or carnival which has obtained a TUP to conduct exhibitions of a temporary nature and duration. In addition, in Section 12.10.120 (Noise Chapter) the prohibition of animals creating a noise disturbance is inapplicable to public zoos. While the petting zoo is not a public zoo, this provision falls within the noise provisions of the municipal code which is contemplated in the TUP provisions (TUPs for the purpose of waiving strict application of noise limitations). In addition, animal husbandry is a permitted use in an institutional zone, and specifically cross- references NCMC Chapter 8.32. Per the Planning Department, a petting zoo is not akin to an animal husbandry. The Land Use Code is structured so that if not specifically allowed, it is generally prohibited. Thus, to the extent a petting zoo is prohibited under the land use code, a TUP would be a permissible way to allow one for a specific event. However, the types of animals will be restricted to those that are not prohibited by Section 10.52.010. Staff Recommendation on Denial of Inflatable Air Jumps Inflatable air jumps are not specifically addressed in the municipal code. They are addressed by our departmental policies. Generally, inflatable jumps are allowed only at Las Palmas Park, with an approved application, and the appropriate insurance coverage. Thus, an inflatable air -jump could be allowed by approval of the City Council. Any such approval, however, should still require the appropriate insurance coverage, hold harmless, and indemnity provisions. Staff recommendation for denial is reflective of current department policy where inflatables are currently allowed only at Las Palmas Park. Final Note: Last year (2014), this event was approved by council with the deletion of the beer garden, inflatable air -jumps, and petting zoo. T pe of Event: ✓[ Public Concert ❑Fair n Parade nDemonstration n Motion Picture ®Grand Opening ❑Festival QCommunity event Circus Block Party mother Green Car Test Drive 1 Exhilbrt A Alathe Event Title: 24th Annual Automobile Heritage Day Car Show & Festival Event Location: Kimball Park, 12th St & D Ave Event Date(s): From to 08/08/15 Actual Event Hours: 9:00 AM to 3:00 PM Total Anticipated Attendance: ( Participants Spectators) Setup/assembly/construction Date: 08/08/15 Start time: 5:00 AM Please describe the scope of your setup/assembly work (specific details): Set-up vendor booths, food, trash cans, Chamber booth, 2 entertainment stages, field stripping, kids area vti Dismantle Date: 08108/ Completion Time: 5:00 PM List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. City's barricades/closure of parking lot on "A" Ave (behind city hall) for trailers & barricades; Boys & Girla with their approval (lot adjacent to park). Closure/reservation of Boys & Girls club lot; closure of "D" Ave Sponsoring Organization: National City Chamber of Commerce Chief Officer of Organization (Name) Jacqueline L. Reynoso Applicant (Name): Jacqueline L. Reynoso Address: 901 National City Blvd., National City, CA 91950 Daytime Phone: 619-477-9339 Evening Phone: 619-890-6614 Fax: 619-477-5018 E-Mail: reynoso@nationalcitychamber.org Contact Person "on site" day of the event: Jacqueline L. Rey�Cellular: 619-890-6614 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? ✓ YES NO Are admission, entry, vendor or participant fees required? LiYESLJNO If YES, please explain the purpose and provide amount(s): To cover the costs of tents, registration & rentals; sponsorships from $250-$7500; car registration fees are $251car $17,500 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 14,200 Estimated Expenses for this event. ir\ctuie �' -haw.) $ 3,300 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Event elements will include live bands on two stages, entertainment, non-profit and business booths food vendors, Chamber of Commerce booth, City's info booth (if available), classic car display and competition,; raffle sales,Kids area will include a jumper, face painting, petting zoo, game booths, 0-09ict,-$rOtn rLcieS, bc. =r- 9orrterl,- -oo<t -trUC S [1YES VINO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: No car sales II1YES[ NO Does the event involve the sale or use of alcoholic beverages? WIYESL]NO Will items or services be sold at the event? If yes, please describe: Individual vendors will sell a variety of goods `, {( ( +�{,may gy�� iS! r�i �` �� i1 ;1., i r i r ft. r1.3•w 44 :i "�,.s !`1 3I3i&r:r�:. ,_ s l� f Lira >; F4 i a1 Iia .rS � ir.. l' r� " itiL DYES 1 NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ( tH Ib i I-- 4 nYES [ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. riYES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 70 Sizes iex+0. 2 (20,20) NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City or your stage or PA system? SPECIFY: City's stage and PA system (both) in addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Sri mac} _ CW.r det t Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. -�� r / iC e tAtekhOYts Food Concession and/or Food Preparation areas. Please describe how food will be served at the event: Food will be prepared onloffiste by food vendors in fire retardent tents If you intend to cook food in the event area please specify the method: COm X GAS , ELECTRIC CHARCOAL is OTHER (Specify): FC, Portable and/or Permanent Toilet Facilities Number of portable toilets: 10 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the pu rIiic during the event) Tables # and Chairs # { — �i� iOo e ) t 4-- 84`}". Tobles) (ISO cknirs) Fencing, barriers and/or barricades,Gofle5 Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpslers (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 60 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Volunteers will assist with event clean-up and dispose all trash in large EDCO Dumpsters. EDCO Disposal will have trash taken away after the event concludes or day after. Please describe your procedures for both Crowd Control and Internal Security: Volunteer security guards will assist with event security YES ✓ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Ur) -1-seroc ss t P fr A I' S =U ') C/Jmpc ) Security Organization: Security Organization Address: Security Director (Name): Phone: FIVES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First Aid Kit will be available on site and will request the presence of ambulance service company. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Walking trails at the park accessible to individuals with disabilities. Please provide a detailed description of your PARKING plan: Parking will be available on City streets and park parking lots; possibly the SWC-National City parking structure. Please describe your plan for DISABLED PARKING: Disabled parking designated on public streets. Please describe your plans to notify all residents, businesses and churches impacted by the event: A rfst of residents/businesses alongside the park is obtained by the City of NC and they are contacted via e-mail about the event and noise level, NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Caal F4YESnNO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number 4-& possb:e bands of Stages: 2 Number of Bands: Type of Music: Classic Rock/World Music k v l YES NO Will sound amplification be used? If YES, please indicate: Start time- 9:00 AM Finish Time 4:00 PM ✓� YEsu NO Will sound checks be conducted prior to the event? if YES, please indicate: Start time: $.00 AM Finish Time 9:00 AM YES YES Please describe the sound equipment that will be used for your event: 4 stage speakers, 4-6 park speakers, microphones, amplifier NO Fireworks, rockets, or other pyrotechnics? if YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe: Vendor/Sponsor signage displayed throughout event side; signagelbanners along National City Blvd (2 large banners) City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Chamber of Commerce Person in Charge of Activity Jacqueline L. Reynoso Address 901 National City Blvd., National City, CA 91950 Telephone 619-477-9339 Date(s) of Use 08/08/15 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date C60 For Office Use Only Certificate of insurance Approved Date Green Car Test Drive- Exhibit A Event: Saturday, August 8, from 9-4pm at Kimball Park in National City Time: 1 1 am-3:OOpm Format: ➢ Tabling near parking ➢ Possibility of SDG&E and CSE tabling with the City of National City/SOBEAC D. Car2Go may table or participate in the Ride and Drive ➢ People will fill out waivers and form lines for each vehicle at the main table ➢ There will be at least 3 City/Civics park staff helping run the event Car Dealerships in National City: ➢ Perry Ford ➢ Ball Mitsubishi (?) ➢ Ball Honda (?) ➢ Ron Baker Chevrolet ➢ Frank Toyota ➢ Frank Scion ➢ Mossy Nissan ➢ Westcott Mazda ➢ South Bay Volkswagen ➢ Frank Hyundai Green Car Test Drive- Routes Route 1: Distance: —1.5 miles 1. Start at the street parking spaces in between E.1 2th St. and E. 15th St. 2. Right on D Avenue 3. Right on E. 20th Street 4. Right on National City Boulevard 5. Right on E. 12th Street 6. Right on D Avenue 7. Right into parking spot Route 2: Distance: ~ 1.5 miles 1. Start at the street parking spaces in between E.1 2th St. and E. 15th St. 2. Right on D Avenue 3. Right on E. 18th Street 4. Right on National City Boulevard 5. Right on E. Plaza Boulevard 6. Right on D Avenue 7. Right into parking spot all Park, National City, CA - Google Maps Page 1 of 2 Google To see all the details that are visible on the screen, use the "Print" link next to the map. Joo1;r"Aot►$ EI ilea a5y.scl,vol +` Map data ©2015 Gaogl 731 al w 0,3 O cA V •p 1 A �� a)_a,h o at w W o E 0 lin N i / / / / / / / / / / / / / / CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: National City 24th Annual Automobile Heritage Day Car Show & Festival DATE OF EVENT: August 8, 2015 TIME OF EVENT: 9 a.m. to 3 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [x] YES [x] YES [x] YES [x] YES [x] YES [x] YES [x] YES [x] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 BULDING: Beer Garden shall be evaluated for required occupant load and proper exiting per code/ Building Official. Site map and measurements describing layout required by Building Official PLANNING: No comments. RISK MANAGER (619) 336-4370 Please have the Chamber of Commerce attached their insurance certificate and endorsement naming the city of National City as an additional named insured. PUBLIC WORKS (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division 1. The cost to provide the standard stage and PA system. All of these rate's are at time and half overtime. 2. They provide their own gypsum to make the field. 3. No Jumper are allowed at Kimball Park. 4. We will be providing the Standard Stage and PA system a. 2 staff 4 hours @ $46.58 per hour $372.64 b. Set Up 4 hour minimum @ $93.16 $372.64 c. Breakdown 4 hour minimum @ $93.16 $372.64 d. Total $1,117.92 Streets Division 1. Staff will install banners over National City Blvd. 2. Staff will post "no parking signs" in affected parking lot before the event. 3. Staff will close with barricade affected parking lots prior to the event. The cost to provide street personnel support for this event is estimated to be Install Banners No Parking signs Man Hrs. Barricades Equipment Hrs. Overtime Hrs. TOTAL Facilities Division $ 400.00 30 X $ 0.45= $ 13.50 2 X $32.57= $ 65.14 6X$ 0.35=$ 2.10 6 X $16.34= $ 98.04 4 X $48.86= $ 195.44 $ 774.22 1. Delivery of Tables and Chairs, 2 staff 8 hours @ $35.00/hr $ 560.00 2. Electrician 1 staff 12 hours @ 36.75/hr $ 441.00 TOTAL FINANCE All vendors must have a Business License. $1,001.00 FIRE (619) 336-4550 REQUEST MEETING WITH ORGANIZERS PRIOR TO EVENT. SITE MAP FOR BEER GARDEN INCLUDING SETUP REQUIRED BY BUILDING DEPARTMENT A $200.00 AFTER HOUR INSPECTION FEE WILL BE REQUIRED Stipulations required by the Fire Department for this event are as follows: 1) Emergency services access to be maintained at all times 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet 3) Fire Hydrants shall not be blocked or obstructed at any time 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Kettle corn vendors may not cook inside tent if tent is not approved for this type of application. By order of the State Fire Marshal 7) Provide a 2A:10BC fire extinguisher at stages. Extinguisher to be mounted in a visible location between 31/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 8) All cooking booths or areas to have one 2A:10BC. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 9) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 10) If charcoal or wood are used for event, metal cans with label "HOT COALS ONLY" shall be used for waste 11) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal" approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 12) Fire Department access into and through the booth areas are to be maintained at all times 13) Internal combustion power sources that may be used for inflatable rides shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use 14) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride 15) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only 16) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from Inflatable Zone area 17) Approved fire extinguishers shall be furnished by all car show participants 18) Beer Garden shall be evaluated for required occupant load and proper exiting per code/ Building Official. Site map and measurements describing layout required by Building Official 19) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 20) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 21) First Aid will be provided by organization If you have any questions please feel free to contact me CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE SECURITY • The "Volunteer" security guards noted in the TUP application must be from a licensed security guard agency that has a contact phone number and address and in good standing with Bureau of Security and Investigative Service (BSIS). • The security guards must possess valid guard cards that can be confirmed through the Bureau of Security and Investigative Service (BSIS). • A total of four (4) security guards are required for the event. BEER GARDEN ****NOTE**** Alcohol in the park is in direct violation of NCMC - 10.30.030 "Consumption or possession of open alcoholic beverage container — Prohibited in parks and adjacent public places." If a "Beer Garden is authorized by City Council, there must be: • (2) NCPD officers hired for the duration of the event and one (1) after the event. • Individuals serving alcohol shall have valid LEADs cards issued by the Department of Alcoholic Beverage Control. o The LEAD Program provides the licensee and applicant with practical information on serving alcoholic beverages safely, responsibly, and legally, and preventing illicit drug activity at the licensed establishment • An ABC "One -Day" Alcohol permit must be pulled from ABC and approved by the Chief of Police. • (2) two of the (4) four security guards assigned to the park will be assigned to the beer garden and must have experience in checking for valid identification for alcohol service or have had LEADs training through the Department of Alcoholic Beverage Control. CC/CDC-HA Agenda 6/2/2015 — Page 135 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — American Cancer Society's "Relay for Life of National City" at Kimball Park from August 15, 2015 starting at 9 a.m. and concludes August 16, 2015 at 9 a.m. This is a City co -sponsored event pursuant to City Council Policy #804. (Nei CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — American Cancer Society's "Relay for Life of National City" at Kimball Park from August 15, 2015 starting at 9 a.m. and concludes August 16, 2015 at 9 a.m. This is a City co- sponsored event pursuant to City Council Policy #804. PREPARED BY: Vianey Rivera DEPARTMENT: Neighborhood Services Department PHONE: 619-336-4364 APPROVED BY: EXPLANATION: This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 15 thru 16, 2015. This event is a 24-hour walking relay that starts at 9 a.m. on August 15th and concludes at 9 a.m. on August 16th. This relay will raise money for the fight against cancer. During the event there will be food, entertainment, including 15 bands, and educational activities. The event organizers will also provide professional security, rented lighting, first aid, and portable toilets for the event. The use of the city's stage has been requested and rental cost will be sponsored by a local organization. This event is eligible for the maximum fee waiver of $1,000 per day, pursuant to City Council Policy No. 804. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $522.76 for Public Works, and $200.00 for Fire permits. Total fees are $959.76 ($1,000 city sponsorship not included) ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees totaling $1,000. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Neighborhood Services Divisun Temporary Use Permit Application 1243 National City Boulevard! National City, CA 91950 * Ph. 619-336-4364 * Fax 619-336-4217 Introduction Certain special events, structures or activities that are beneficial to the public can often be permitted for limited periods of time even though they would not comply with the zoning, building, fire or other codes, if they were permanent. Chapter 16.60 of the National City Municipal Code regulates these special events. In general, any organized activity that uses public property, facilities, parks, sidewalks or streets requires a permit, known as a "Temporary Use Permit" (TUP). In some cases, events taking place on private property also require a TUP permit. See the list below for more Information. The Department of Community Services is responsible for coordination of the application and issuance of the permit. Classes of Temporary Use Permits Temporary Use Permits are either Class A, requiring City Council approval, Class B, which may be approved by the Building & Safety Director, or Class C subject only to the business license regulations. For Class B & C Permits, please contact the Building and Safety Department for additional information. Class A Temporary Use Permits The following uses require a Class A Temporary Use Permit. 4) Outdoor auctions conducted by charitable or philanthropic organizations gin Balloon rides or races 4) Block or Holiday parties and displays conducted outdoors or in temporary structures Carnivals, circuses, traveling shows and midways Exhibitions (boxing, wrestling, etc.) r Fairs, bazaars, exhibits or trade shows conducted outdoors or in temporary structures can Temporary farmer's markets can Temporary helicopter landings Las Vegas nights conducted by non-profit organizations Live domestic animal rides 4) Membrane structures 4 Musical concerts and festivals of all types conducted outdoors or in temporary structures 4)1 Outdoor pet shows Outdoor stages or platforms for sales promotions, events or grand openings and similar activities Parades, bicycle tours, walks, runs and similar activities on city streets. can Political activities conducted outdoors or in temporary structures. qqin Special lighting displays for advertising An Temporary vehicle display areas conducted outdoors or in temporary structur s Uses or activitics which exceed the normal. duration ,61,11 Class A Temporary Use Permits are limited to no more than two occurring concurrently on the same day and only one event per day in the City parks. Procedure 1. Complete the application found at the end of this booklet. 2. Return the completed application to the Neighborhood Services Division located at 1243 National City Blvd, National City, CA 91950. 3. Pay the processing fee, unless a waiver of fees is requested. If requesting a waiver of fees the fee waiver application must be submitted also. 4. Your application is routed to all impacted City Departments for approval. During the review process you may be contacted to provide additional information 5. The application and the conditions of approval received from the various departments are routed to the City Council for final approval. You will be notified of the City Council meeting date. It is suggested that you attend the meeting to answer any questions that may arise. 6. The City Council approves or denies the application. 7. If approved and all required certificates of insurance, etc. are received, the approved permit is mailed to you. Application Deadline A Class A Temporary Use Permit must be submitted to the Community Services Department a minimum of 45 working days prior to the event. It is suggested•that the application be submitted well before the event to allow for approval prior to promoting, marketing or advertising the event. Acceptance of your application does not guarantee approval of the event. The event must be approved by the City Council and all conditions of approval must be met before the permit will be issued. Events at City Parks Before applying for a Temporary Use Permit in a City park, it is necessary to contact the Public Works Department to schedule the event. City Council Policy only allows one event per day in the Park and one special event every six weeks. The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a Temporary Use Permit. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol with in buildings in the parks, such as the Community Center, which will continue to be subject to City Council approval. If the event involves either 1) live musical performances; 2) the use of amplified sound systems other than hand held or portable systems; 3) fireworks or 4) other activities or events which the City Council determines notification is required, then the applicant must provide written notification to the occupants of the properties adjacent to the park. Written notification must be made to the surrounding neighbors at least 72 hours prior to the event. The notification must include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event, and the name of the sponsor's representative who will be at the park on the day(s) of the event and how that individual can be contacted should the need arise. Written notification must be mailed to the occupants of properties adjacent to the park as reflected on the map of adjacent properties available from the Community Services Department. Written notification shall be submitted to the Building & Safety Director for review and approval prior to mailing. Failure to provide notification may be cause for the revocation of the Temporary Use Permit or denial of future Temporary Use Permit applications submitted by the sponsoring organization. Events at Plaza Bonita Mall Before applying for a Temporary Use Permit for Plaza Bonita Mall, the applicant must contact the mall for approval and to schedule the event. The mall will give the applicant written approval for the event, which must be presented to the Community Services Department at the time of submittal. Photography and Motion Picture Events Applications for a Temporary Use Permit for Photography/Filming shall be based on the model photography/filming permit developed by the California Film Commission. The applicant may be required to reimburse the City for costs incurred in providing support services. A Class A Temporary Use Permit is required for photography or filming on public or private property that requires street closures and/or traffic control in excess of three minutes, or that involves stunts or special effects, which may require Gity services. A Class A Photography or Motion Picture Temporary Use Permit must be submitted to the Community Services Department at least 10 working days before the event. All Photography and Filming Temporary Use Permits must be accompanied by a Certificate of Insurance and Neighborhood Notification Form when required by the Risk Manager and the Director of Building and Safety. Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested, the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. Insurance Where the use of City facilities is involved, the applicant may be required to provide a certificate of insurance, evidencing combined single limit coverage of at least $1 million and naming the City of National City and its officials, employees, agents and volunteers as additional insured's. Amounts of coverage are to be determined by the National City Risk Manager. In all cases involving the use of City facilities, the applicant Is required to provide a Hold Harmless Agreement holding the City harmless from liability arising from the use of the facilities. Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit Is required from the Fire Department to erect a tent excess of 200 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained from the Fire Department, Type of Event: Public Concert Fair Festival Community event Parade _ Demonstration Circus — Block Party _ Motion Picture Grand Opening — Other Event Title: May. Pb( ttile or Neenvord c Event Location: rrnl/ P4 et Event Date(s): From g1/5715 to ? / /1s Actual Event Hours: 'r)'pm to 67 m Total Anticipated Attendance: ( Participants Spectators) Setup/assembly/construction Date: l Start time: g:Mew) Please describe the scope of your setuplassemii work (specific details): he 5/0keiluateer,5 to, ehajfe60, Cafir� 06 r- r'e2rli ? d cy --ever'. fI /. °' ' p s/e inpelfr ih73rrri1r arnava7/°07cekeri74, Dismantle Date: /ie2// Completion Time: 0 'rat) a ardlo List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: /iJ fl Can avic 'f' Inc. Chief Officer of Organization�(Name) u I//t fr 4/ 'at) 0 Applicant (Name): l I c e lC Z 'f es Address: f655 C1'?1t del,ib A/%/O1 L) D C 1210ff Daytime Phone: ( (p " 7?g_! Evening Phone: (± 3 . 0 68% Fax: (ro .47,,,5. t E-Mail: fr ? /ie. pizak 'eo ref Cary Contact Person "on site" day of the event:M/Che fie Cellular. 1ST $ &(3/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? RYES ^ NO Are admission, entry, vendor or participant fees required? YESXNO If YES, please explain the purpose and provide amount(s): $ 65; 560 Estimated Gross Receipts including ticket, product and sponsorship sales from this event, $ ",506 Estimated Expenses for this event. $ 66 0 What Is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. RelL how evefandro r` -MP Aererleari (koiceer e bite i'ir' 01,47,5 Stec r as re e rt an ad re Cael Rnaf /7/.,74 awaieresS .frfie convimmi to/A a i6c€49 on`kartki preverilloi and Ye i . // 4z.s commot 4esciarce, YES giNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: /5' Type of Music: van' K. YES _., NO Will sound amplification be used? If YES, please indicate: Start time: 0 rutl'rn Finish Time /C9' CO am X YES _NO Will sound checks be conducted prior to the event? !f YES, please indicate: Start time: 60 eapPpm Finish Time g'4 Pm Please describe the sound equipment that will be used far your ev nt: va/ a5 /l97fwinis -ou Dy I 5r (1 S YES,(NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: //6/7"/- Aperz ixtriners a/7d iwo/f)ar/ tet93 Revised 02/29/12 a �, tart �i`I1 I..4411i 44.�i _ YES NO Does the event involve the sale or use of alcoholic beverages? YES ZNO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route, YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 5. Sizes r ,XOXZO 11Dx 2l� NOTE: A separate Fire Department permit is required Tor tents or canopies. 3 /4r of 0 YES% NO Will the event involve the use of the Ci% or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas, Food Concession and/or Food Preparation areas Please describe how food will be served et the event: If you intend to _wok food in the event area please specify the method: ►% GAS ELECTRIC '✓ CHARCOAL OTHER (Specify): I YJ Portable and/or Permanent Toilet Facilities Number of portable toilets; (p (1 for every 250 people is required, unless the applicant can show that there are facilities ih the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator Iocatlons and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures n Scaffolding, bleachers, platforms, stages, grandstands or related structures HVehicles and/or trailers Other related event components not covered above nTrash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusi of the event the area must be returned clean condition.) Number of trash cans: 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and internal Security: 5eCon Ir pee ed by efole. _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: i 4544' �� 3 Security Organization Address: 7 inf1C de/ d/ e -aL-i 2 Security Director (Name): { Phone: 6 r9' 4" /� /''� l/�'� Z, YES — NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Reali hno a irmiref 1, ors Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. fityid IX rrn /iee /01f X e f/ 1 Please describe your Accessibility Plan for access at your event by Individuals with disabilities: etrt f5 eifyin p// rr Please provide a detailed description of your PARKING plan: 1,6tre graire 51-reev- ,o Please describe your plan for DISABLED PARKING: itibR 5Ari1 Please describe your Plans two noti all residents, b sinews and churches im a to�{,by th . event; Mail na , ai f nand- de l/ f /�?'/ NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled in the City parks. fri / City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily Injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attaohed to this permit. Organization hinencem Cancer „ � f , T"°emi Person in Charge of Activity /f.eories ""jz Address 40 4404,16 def 9 4' °lea, . tte Q 9 /07 Telephone F65-1?'978i 66 SI Date(s) of Use e /,. "' r,�/ HOLD HARMLESS AGREEMENT ' As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, N indemnify and hold harrnlpas the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property ctarnage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date c .,P e, Loy- or\el, 3) II ar Ufffoe se Only Certificate of insurance Approved Date 10 X 10. ar opy : . 139198 AcowbrCERTIFICATE OF LIABILITY INSURANCE DATE {MMrODNYYY) 4/1/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Commercial Lines — (404) 923-3700 Wells Fargo Insurance Services USA, Inc. 3475 Piedmont Road NE, Suite 800 Atlanta, GA 30305-2886 CCNTACT Alexander Mortimer NAME: PHONE 404 923-3732 I Fnx 877 362 9069 INC No Exit LLA/C, NO: E-MAIL o.com alexander.mortimer wellsfar ADDRESS: alexander.mortimer©wellsfargo.com INSURERS) AFFORDING COVERAGE NAIC N INSURERA : Federal Insurance Company 20281 INSURED American Cancer Society, Inc, 250 Williams Street Atlanta, GA 30303 INSURER B : INSURER C INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 8967727 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE ADDL INSD,.wvo SUER POLICY NUMBER POLICY EFF .JMMIDD!YYYYLIMMIDDIYYYYL POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 35943463 911/2014 9/1/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 2,500 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES FRO- JECT PER: LOC GENERAL AGGREGATE $ 25,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccldenl) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? {Mandatory In NH) IT yes describe under DESCRIPTION OF OPERATIONS below YIN N lA PER STATUTE OTH- ER EL EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS ( LOCATIONS! VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Relay For Life event taking place on August 15-16, 2015. City of National City and its officials, employees, agents and volunteers - Certificate holder is Included as an additional insured in accordance with the terms and conditions of the general liability policy. Contract #25389 CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE q /(aM44, The ACCRD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Cancer Society EVENT: Relay for Life of National City DATE OF EVENT: August 15-16, 2015 TIME OF EVENT: 9 a.m. Saturday to 9 a.m. Sunday APPROVALS: RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE NEIGHBORHOOD SERVICES CITY ATTORNEY YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER Applicant to provide insurance certificate and specific endorsement naming the City of National City as an additional named insured. We should then be ok to proceed. FIRE (619) 336-4550 A $200.00 fee will be required for after hour inspection, Please contact the National City Fire Department for payment of fees. Provide site map of site area. Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3'/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Additional fire extinguisher shall be placed around the circumference of the track and bowl area so as to provide fire protection for" Luminary Bags". Fire extinguisher to be mounted in a visible location between 31/2` to 5' from the floor to the top of the extinguisher. Extinguisher shall be labeled "Fire Extinguisher" 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 10) Internal combustion power sources that may be used for "Light Towers" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 11) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 13) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 15) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire Department prior to the event 16) First Aid will be provided by organization 18) Provide map of site area. Map to include placement of Fire Department requests 19) Fire Department Fees can only be waived by City Council Approval contingent upon final field inspection and compliance with all applicable codes and ordinances POLICE Will request for extra patrol and reserves if available. PUBLIC WORKS We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. PARKS DIVISION 1. Two hours at $46.58 per hour overtime rate ($93.16) for one staff to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and litter clean up 2. Two hour for set up at regular pay of $31.05 per hour ($62.10) 3. Event organizers need to clean up litter during event. 4. They City stage was not requested so no stage will be provided FACILITIES DIVISION 1. Ten hours at $36.75 per hour overtime rate (10x 36.75=$367.50) for Electrician STREETS DIVISION 1. No involvement DEVELOPMENT SERVICES BULDING: No comments ENGINEERING: No comments. PLANNING: Speakers face away from residential properties. Compliance with Title 12 of NCMC. FINANCE American Cancer Society just needs to renew their license (see attached). They are non-profit so no fee is due. They just need to review that all the info is correct and then sign it and turn it in. COMMUNITY SERVICES Just a reminder Relay for Life is the day after the Summer Movies in the Park, which will be held in Kimball Bowl on Friday night. I just want to make sure the applicant is aware the City has an event in case they need to coordinate the stage set-up etc. at a time that won't affect the Movie. Per Lauren Maxilom (CMO) CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CC/CDC-HA Agenda 6/2/2015 — Page 156 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - Fourth Quarter 2014 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2,2015 AGENDA ITEM NO. ITEM TITLE: National City Sales Tax Update Newsletter — Fourth Quarter 2014 PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: DEPARTMENT: Fin e t. APPROVED BY: �7. BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY Receipts for National City's October through December sales were 7.9% higher than the same quarter one year ago. Gains from car sales and leases were significant factors in the increase from the autos and transportation group. General consumer goods also posted higher receipts from some categories including jewelry stores, home furnishings, and electronics. Strong sales from heavy industrial supplies were partially responsible for the positive results from business and industry. In addition, building and construction posted an overall gain. Receipts from restaurants were lifted, in part, by the addition of a new eatery. The increases were partially offset by sales declines from service stations, women's apparel, and Tight industrial supplies. Measure "D° generated an additional $2,867,625 in revenue for the quarter, a 7.9% increase over the same period last year. Adjusted for aberrations, taxable sales for all of San Diego County increased 4.2% over the comparable time period, while the Southern California region as a whole was up 4.3%. FINANCIAL STATEMENT: APPROVED: '- - Y,x , , Finance ACCOUNT NO. APPROVED: MIS NA ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Accept and file the newsletter. FINAL ADOPTION: BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter = Fourth Quarter 2014 National City In Brief ,I: • A - - -. -r.3 a1t12r1 nsufea��a — pAr ielN I, CITY! National City - NEL Sales Tax Upte FirrtQr.:arterReeeepts forForn "l'Qriarter Saler (October - December 2014) SALES TAX BY MAJOR BUSINESS GROUP $600,000 $400,000 $200,000 s0 Autos and Transportation General Consumer Goods Restaurants and Hotels T1 25 PRODUCERS Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia FSE Frank Hyundai Frank Subaru Frank Toyota Scion JC Penney Macys Mor Fumiture 4 Less Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Target Tesoro Refining & Marketing Toys R Us Univar Victoria's Secret Walmart Wescott Mazda Business and Industry ■ Fuel and Service Stations 4th Quarter 2013 • 0.th Quarter 2014 Food Building and and Drugs Construction REVENUE COMPARISON Three Quarters — Fiscal Year To Date Point -of -Sale County Pool State Pool Gross Receipts Less Triple Flip` 2013-14 2014-15 $10,540,633 $11,025,609 1,351,396 1,455,628 6,238 9,483 $11,898,266 812,490,721 $0,974,567) 5(3,122,680) 57,810 450 Published by HdL Companies in Spring 2015 www.hdlcompanies.com 888.861.0220 cis M P"H . S Q4 24.7.4 National City Sales Tax UPdate Holiday Quarter Up Adjusted for accounting aberrations, California's local sales and use tax rev- enues for the fourth quarter (October - December) of 2014 were 3.6% higher than last year's holiday quarter. The gain was primarily due to contin- ued strong demand for new cars and trucks, uncreased restaurant patronage and a rise in the countywide "use tax" allocation pools resulting from a shift to online shopping where much of the merchandise is shipped from out of state. General consumer goods sales allocat- ed via the pools rose 22% during this holiday quarter versus an increase in tax receipts from brick and mortar stores of only 2.8%. Robust sales for building and con- struction materials added to the ovei- all increase which was largely offset by significant declines in revenues from petroleum related industries and ser- vice stations. Gasoline Supply and Demand Statewide, fourth quarter's tax receipts from fuel and service stations dropped 10.4% from the previous year. Prices rebounded in the first quarter of 2015 due to refinery shutdowns and labor strife but remained well below the pri- or year due to a worldwide supply glut and weak demand. Spending cuts by oil producers and a sharp decline in the number of rigs drill- ing for crude in the ZT.S. could reduce output and place upward pressure on prices in the second half of 2015. How- ever, improved fuel efficiency and de- mographic changes continue to reduce demand for gasoline, with consumption at the lowest it has been in 30 years. From 2008 through 2014 Californians purchased just over 10 million new vehicles, with mileage ratings almost 22% higher than those they replaced. Also, usage has further declined as baby boomers age into retirement and mil- lennials increasingly favor public trans- portation and car services that make owning a vehicle less necessary. Triple Flip Unwind In March 2004, California voters ap- proved Proposition 57, the California Economic Recovery Bond Act that au- thorized the issuance of $15 billion in "Economic Recovery Bonds" to close the state's operating budget deficit. The Bradley -Burns local sales tax rate was decreased from 1 percent to 0.75 percent and the diverted 0.25 percent rate was pledged to repay the bonds. The state then directed that counties reimburse local governments for the 0,25 percent loss with property tax from the Educational Revenue Augmentation Fund (ERAF) set up for schools and then reimburse schools for the ERAF loss from the State General Fund. The funding scheme became known as the "Triple Flip." The governor's FY 2014-15 state budget currently provides for retiring the bonds as early as July 2015. If carried out as planned, local agencies would receive their final "true -ups" of triple flip re- imbursements in the first half of 2016 and the full one cent Bradley -Burns tax reinstated in their second quarter 2016 receipts. SALES PER CAPITJ P aton I City County CaMornia REVENUE BY BUSINESS GRottp Nafiorial City This Quarter NATIONAL CITY TOP 15 ItUSTNESS TYPES *In thousands Business Type Auto Lease Casual Dining Department Stores Discount Dept Stones Electramcs/Appbance Stores Family Apparel Heavy Industrial LumberlBulding Materials New Motor Vehicle Dealers Quick -Same Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel National City Q4'14* Change 62.2 26.8% 135.6 4.7% 236.7 5,3% - CONFIDENTIAL - 101.7 13.2% 241.4 1.1% 67.0 30.8% - CONFIDENTIAL - 1,183.0 8.1% 204.9 175.0 77.6 122A 91.0 102.7 5.0% -8.6% -1.0% 0.3% 1.4% -4.6°% County Change -6.2% 9.5% 1.1% 1.1% -0.7% 2.9% -1.2% 9.5% 6.8% 6.5% -16.0% 8.8% 3.1% 6.5% -9.5% HdL State Change -0 4% 5.9% 1.0% 0.9% 1.3% 5.1% 14.4% -03% 7.6% 7.5% -10.5% 7 6% 5.8% 12.5% -1.7% Total All Accounts County & State Pool Allocation Gross Receipts $3,832.0 $555.6 54,387.7 7.1% 13,6% 7,9% 3.5% 9.7% 4.2% 3.8% 4.7% 3.9% CC/CDC-HA Agenda 6/2/2015 — Page 160 The following page(s) contain the backup material for Agenda Item: Continued Public Hearing — Proposed Street Vacation of a segment of A Avenue located south of East 28th Street and north of East 29th Street *Continued from City Council Meeting of March 17, 2015* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Pla CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Continued Public Hearing — Proposed Street Vacation of a segment of A Avenue located south of East 28th Street and north of East 29th Street *Continued from City Council Meeting of March 17, 2015* (Applicant: Frank Motors) (Case File No. 2013-23 SC).. 114 PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 619-336-4313' APPROVED BY: EXPLANATION: The City Council initiated the vacation request on August 19, 2014 to vacate the po ion of A Avenue adjacent to Frank Motors. The Planning Commission determined that the vacation is consistent with the General Plan on November 17, 2014. P Council held a public hearing on December 16, 2014 and continued the item off calendar for additional traffic analysis and expanded public notice. A subsequent re -noticed public hearing was held on March 17, 2015, at which time the Council continued the item so that the applicant could provide additional traffic analysis. The attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Determine that no present or prospective public use would be affected by partial closure "A" Avenue, based on facts contained in the staff report. . BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruitt ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions 4. Location Map 5. Site Photos 6. Traffic Analysis 7. Hearing Notice 8. Notice of Exemption 9. Plans BACKGROUND REPORT Previous Action Council held a public hearing on December 16, 2014 and continued the item off calendar for additional traffic analysis and expanded public notice. A subsequent re - noticed public hearing was held on March 17, 2015, at which time the Council continued the item so that the applicant could provide additional traffic analysis. New Information Although not required by the Municipal Code, this continued public hearing has been noticed as normal, including the same expanded list as used for the last hearing. The public hearing notice was mailed to all property owners and occupants within 300 feet of all properties fronting on "A" Avenue between East 28th and East 30th Streets. This increased the radius of the noticing, which would normally be limited to the area of street to be vacated. Notice was also posted on the street in a visible manner and published in the Union Tribune for two consecutive weeks prior to June 2, 2015, consistent with normal City policy. At the meeting of March 17, 2015, Council requested that the applicant conduct additional traffic analysis to determine if the closure of "A" Avenue would necessitate a traffic light at National City Blvd. and East 28th Street. Additional research on the amount of pedestrian and bicycle traffic affected by the proposed closure was also requested, as well as the number of vehicle transport trucks on this portion of "A" Avenue. Traffic Analysis Stack Traffic Consulting performed additional analysis, based on the parameters set forth by Council, and submitted the following summary, which outlines findings based on the new traffic data obtained for the project and analysis completed at the National City Boulevard & 28th Street intersection: • The National City Boulevard & East 28th Street intersection would operate at an acceptable LOS D or better during both the AM and PM peak -hour after the closure of A Avenue. • The weekday and weekend average traffic volumes along the midblock section of "A" Avenue ranged between 540 and 558 vehicles and between 304 and 317 vehicles, respectively. • The pedestrian and bicycle volumes observed over the seven-day period were low and resulted in an average of 30 pedestrians and 7 bicycles per day. • A total of 22 vehicle carrier trucks were observed to park along "A" Avenue over a week and the majority of vehicles arrive during the morning hours. The preceding information has been compiled from all three traffic studies provided by Stack Traffic Consultants. The Executive Summary of these analyses is attached, as well as graphical representations of existing traffic volumes for the National City Blvd. / 28th St. intersection; trip redistribution due to closure of "A" Avenue; and proposed traffic volumes for the National City Blvd. / 28th St. intersection after closure of "A" Avenue. The City Traffic Engineer previously reviewed accident history in the area provided by the Police Department, as well as the traffic analyses prepared by Stack Traffic Consultants. There were no reported accidents at the intersection of National City Boulevard & East 28th Street related to vehicles attempting to exit East 28th Street onto National City Boulevard. Based on these reviews and review of new information, the Traffic Engineer has stated that the proposed closure of "A" Avenue between East 28th and 30th Streets does not present a significant impact to traffic operations, and that no traffic light is necessary at this time. This statement is based on the fact that the Level of Service (LOS) of the National City Blvd. / 28th St. intersection will continue to operate at an acceptable LOS of D or better after closure of "A" Avenue. City staff will continue to monitor LOS conditions in the future. If degradation to an LOS of E or F (failing) were to occur, the City would evaluate the need for a traffic light at that time and install a light if necessary. With regard to the bicycle traffic observed on "A" Avenue, it should be noted that the City recently approved and constructed extensive bicycle infrastructure improvements on "D" Avenue, three blocks to the east. The historic use of "A" Avenue for transport trucks is generally not conducive to bicycle safety in this area; therefore, re-routing bicycle traffic to "D" Avenue would be appropriate given the safety improvements that now exist there. Site Characteristics The segment of "A" Avenue proposed to be vacated is 60 feet wide and 250 feet long. This block is located between East 28th Street and the former East 29th Street (29th Street was closed in 1968). This portion of "A" Avenue is fully developed with two traffic lanes, approximately 18 cars worth of on -street parallel parking on sides, curb, gutter, and sidewalk. The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The west property is the car dealership and the east property a parking lot that serves as parking for newly delivered vehicles. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on August 19, 2014. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is consistent with the General Plan and forward the recommendation to the City Council. Planning Commission reviewed the street vacation for conformance with the General Plan at a hearing on November 17, 2014. The Commission determined that the Street Vacation as described on the attached plans was in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access will be maintained. Proposal The area proposed to be vacated is 15,000 square feet in size. No change in the existing development is proposed; the applicant has proposed the vacated street to be used as a parking lot and delivery driveway for the dealership. Frank Motors is requesting the vacation so that vehicle offloading activities can occur in a private area. The applicant also suggests that making the street private would remove the safety hazard of vehicles exiting to "A" Avenue blindly from between dealership buildings, although there were no reported accidents over the last four years in this location. Analysis The portion of "A" Avenue to be vacated is fully developed, although it is not identified as an arterial or collector street in the Circulation Element of the General Plan. There are also utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main. If vacated, access to all utilities would need to be maintained or abandoned/relocated as required. Comments were also received from the Fire Department, who requires continued access to the area after it is vacated. No plans for fences or gates have been submitted, although it is assumed that there will be restricted access. If gates are installed, the Fire Department and Police Department will require emergency access (e.g., Knox box, strobe -activated gates). Recommended Conditions of Approval that reflect these requirements are attached. General Plan Conformance The properties either side of the street were vacant for some time after the recent economic downturn. Frank Motors is a recent tenant and has been looking to expand business operations since purchasing the property across "A" Avenue. Their intent is to eventually amalgamate the properties and expand the dealership, should the properties be combined. Assembling the parcels would increase the efficiency and potential of the property, which would make the business more successful. This would in turn provide benefits to the City through taxes and employment. This scenario is consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. However, there are also policies in the General Plan that the proposed vacation could potentially conflict with, specifically, the following policies: • Policy C-2.2: Enhance connectivity by eliminating gaps and barriers in roadway, bikeway, and pedestrian networks. • Policy C-8.8: Provide a continuous pedestrian network within and between neighborhoods to facilitate pedestrian travel free from major impediments and obstacles. It should be noted that the street in this location does not produce a major amount of traffic, other than from adjacent businesses. In addition, there is no neighborhood to speak of south of 30th Street in this area. Given that the majority of traffic is generated by the applicant, and that the other users south of the project area on "A" Avenue will maintain access, the latter policies do not carry as much weight as the former policies. Streets and Highways Code The City's Street Vacation Procedures require compliance with the California Streets and Highways Code; specifically, the following: 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. As mentioned above, traffic analysis shows that approximately half of the traffic volume on "A" Avenue between East 28th and 30th Streets is dealership traffic. Furthermore, the analysis shows that East 28th Street will continue to function at an acceptable level (LOS C) with the redirected traffic resulting from closure of "A" Avenue. Likewise, the National City Blvd. and East 28th Street intersection will also continue to operate safely. Public access to residential areas will continue to be provided via East 28th Street, which leads to the residential neighborhood east of the property. Although the distance will be slightly further (1/4-mile), residents will continue to have access to eastbound 30th Street via National City Blvd. Public access to the commercial properties south of the proposed vacated area will also continue to be provided by the remainder of "A" Avenue, which has access to East 30th Street. Based on these facts, partial closure of "A" Avenue will not impede on the present or prospective public use of the remainder of the street. Emergency access can be addressed through an easement, which would ensure that the public need for emergency access continues to be met. A condition of approval has been included to require said easement. Summary The General Plan Circulation Element does not identify the area as a major road (arterial or collector), and the proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the traffic counts in this location are low and largely attributed to the applicant. All occupant and emergency access will be maintained with relation to the businesses operating on the street, both north and south of the proposed vacated street, and the circuity caused by the closure is minor. Traffic and accident data has been compiled and analyzed and no impacts noted. Finally, ample notice has been provided to owners and occupants in the area. RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. That the Street Vacation as described on the attached plans is unnecessary for present or prospective public use, since emergency access will continue to be provided, and since access to public and private properties in the area will still be provided. 2. That the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access will be maintained. RECOMMENDED FINDING FOR DENIAL OF THE STREET VACATION 1. That the Street Vacation as described on the attached plans is necessary for present or prospective public use, since emergency access still needs to be provided through the area. RECOMMENDED CONDITIONS OF APPROVAL 2013-23 SC — A Avenue — Frank Motors General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" Avenue south of East 28th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-23 SC dated 10/2/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Fire 3. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 4. Identification signs shall be posted for all utilities such as natural gas and fire sprinkler system. Please contact the National City Fire Department for direction and copy of requirements. 5. Fire department access roads shall meet the requirements of the California Fire Code 2010 Edition Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Fire department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 6. Roads or alleys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If automatic gates are used, emergency strobes shall be for entrance and egress if applicable. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. 9. A 48 hour notice is required for all inspections. Engineering 10.The Applicant shall submit a plat and legal description of the proposed area of the street vacation. 11.The Applicant shall submit a title report for all properties adjacent to the portion of "A" Avenue to be vacated. 12.The street vacation document shall provide all necessary easements as required by the various utility companies. 13. The street vacation document shall provide to the City of National City a twenty foot access and sewer easement ten feet on either side of the existing center line of the portion of "A" Avenue to be vacated. 14.The street vacation document shall provide to the City of National City a drainage easement over that portion of "A" Avenue to be vacated. 15.The Applicant shall submit plans and details of all gates, fences, barricades and appurtenances proposed to be installed at either end of the vacated portion of "A" Avenue. Planning 16.The street vacation document shall include an easement for emergency access to the segment of "A" Avenue to be vacated, to the satisfaction of the National City Fire Department. Vacation Area — — — Zone Boundary I I I I Feet 0 55 110 220 APN: vacation (n/a) Planning Commission Location Map 2013-23 SC 11.5.14 Site Photos — 2013-23 SC — A Avenue — Frank Motors A Avenue looking northbound A Avenue looking southbound MKT Technical Memorandum — Executive Summary To: Jerry Drewett, Frank Motors Group, Inc. From: Marc Mizuta, STCTraffic Date: April 30, 2015 Re: Updated Analysis and Traffic Volume Data for A Avenue Closure, National City This technical memorandum provides an executive summary of the data collection and analyses performed for the closure of A Avenue between 28th Street and 30th Street over the last year. Table 1 summarizes the traffic volumes and Table 2 summarizes the operational analysis of the National City Boulevard/28th Street intersection. fable 1: A Avenue Traffic Traffic Volume Data Weekday Avg Volume Summary Count Date May 2014 Jan 2015 Apr 2015 Vehicles 540 (200 NB, 340 SB) 544 (205 NB, 339 SB) 558 (232 NB, 326 SB) Pedestrians n/a 17 (6 NB, 11 SB) 31 (15 NB, 16 SB) Bicycles n/a 5 (3 NB, 2 SB) 7 (4 NB, 3 SB) Veh. Carrier Trucks n/a n/a 4 Weekend Avg Vehicles n/a 304 (129 NB, 175 SB) 317 (117 NB, 200 SB) Pedestrians n/a 15 (6 NB, 9 SB) 27 (8 NB, 19 SB) Bicycles n/a 3 (2 NB, 1 SB) 7 (4 NB, 3 SB) Veh. Carrier Trucks n/a n/a 1 Table 2: National City Blvd & 28th St Delay Summary Intersection Peak Hour Delay/LOS with A Ave Closure May 2014 Jan 2015 Apr 2015 National City Blvd & 28th St AM PM n/a 20.9/C 32.9/D 14.7/B 12.1/B Summary • The weekday and weekend average traffic volumes along the midblock section of A Avenue ranged between 540 and 558 vehicles and between 304 and 317 vehicles, respectively. • The pedestrian and bicycle volumes observed over the 7-day period were low and resulted in an average of 30 pedestrians and 7 bicycles. • A total of 22 vehicle carrier trucks were observed to park along A Avenue over a week and the majority of vehicles arrive during the morning hours. • The National City Boulevard & 28th Street intersection would operate at an acceptable LOS D or better during both the AM and PM peak -hour after the closure of A Avenue. Page 1 MI,TIM- Traffic Volumes at National City Blvd & 28th St Turning movement volumes were obtained at the National City Boulevard & 28th Street intersection on Tuesday, April 7, 2015 during the AM (7:00 am to 9:00 am) and PM (4:00 pm to 6:00 pm) peak periods. Sweetwater High School was in session during the dates of the count. Figure 2 illustrates the existing peak -hour traffic volumes. As shown in the figure, the majority of the traffic travels north along National City Boulevard in the AM peak and reverses direction during the PM peak. Traffic volumes along 28th Street are low in both the AM and PM peak -hour. Appendix A contains a copy of the peak -hour intersection turning movement volumes. Figure 2: Existing Peak -Hour Traffic Volumes Traffic Volumes Along A Avenue (28th Street to 30th Street) Traffic volume data was obtained along the midblock segment of A Avenue between 28th Street and 30th Street for an entire week beginning on April 6, 2015 and ended on April 12, 2015. Table 1 provides a summary. Page 2 M5.1,eT Figure 3: Trip Redistribution with A Avenue Closure Existing With A Avenue Closure Traffic Volumes Figure 4 illustrates the existing peak -hour traffic volumes at the National City Boulevard & 28th Street intersection assuming the closure of A Avenue between 28th Street and 30th Street. Page 6 McIT Figure 4: Existing Peak -Hour Traffic Volumes With A Avenue Closure 3. Analysis An intersection level of service (LOS) analysis was conducted at the National City Boulevard & 28th Street intersection. SimTraffic was utilized to analyze the intersection. Delays reported refer to the average total delay for the worse movement at the intersection, which corresponds with the westbound approach of 28th Street. Table 5 summarizes the intersection analysis with the redistributed traffic volumes from the A Avenue closure. Results were compared to Existing Conditions, which included the increase in delay that would be incurred with the closure of A Avenue. Page 7 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING (Continued from March 17, 2015) NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, June 2, 2015, in the City Council Chambers, 1243 National City Blvd., National City, California, to consider a: STREET VACATION VACATING A SEGMENT OF 'A' AVENUE LOCATED SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH STREET. (Applicant: Frank Motors / Case File No. 2013-23 SC) The applicant proposes to vacate approximately 250 feet of the 60-foot wide right-of-way of 'A' Avenue between East 28th Street and East 29th Street (closed in 1968). The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The vacation would make the business more efficient and would facilitate future expansion of the business. This Vacation Proceeding is conducted under Division 9, Part 3, Chapter 3, of the California Streets and Highways Code. A map referencing the proposed street and alley vacation is on file at the National City Planning Department. Any person interested in this matter may appear at the above time and place and be heard. Members of the public are invited to comment. Written comments should be received by the National City Planning Department on or before 5:30 p.m., June 2, 2015. If you choilcnge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. May 20, 2015 Michael R. Ila, CMC City Clerk 1// CALIFORNIA "c_ NATIONAL, Cli y ��3:311 CORFORA CITY OF NATIONAL CITY — PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2013-23 SC Project Location: "A" Avenue south of East 28th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of a portion of 60-foot by 250-foot portion of "A" Avenue south of East 28th Street. Applicant: Jerry Drewett — Frank Motors 2400 National City Blvd., National City, CA 91950 Telephone Number: (619) 507-4336 Exempt Status: Categorical Exemption. Class 5 Section 15305 (Minor Alterations in Land Use Limitations) Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is a developed street and will remain in a vehicular capacity, is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. Date: MARTIN REEDER, AICP Principal Planner R/W 0 r`) 0 FIREZHYD z WGV'S SEW MH R/W R/W FIRE ZHYD 1 40' 28TH STREET 40 GUY PP18017 40' ° 40' w s 0/H WIRES- 30' 28TH STREET c3-L 30' N 70'54'23" E U 30' 30' SEW MH FD. RR SPIKE PER CR 248, ACC. AS CL INTERSECTION N 18'59'41 W 249.70' (N 18.59'41 "W 249.66' PER CR 249) HIGH CHAIN LINK SECURITY FENCE (TYP.) SLOPE/PEPPER TREES SLOPE/BUSHES Ce Pit I» RENT ASSE SLOPE/ ED PHALT PAR 2 LT POLE 18008 APN 562-170-23 (P.R. PARCEL 3) 14, 982 S.F./ 0.343 ACRES ZONING: COMM. SERVICE TOE OF SLOPE/ EDGE OF AC PAVE. IL 5, 1/4 SEC 152 MAP Na 1 OR PARCEL E 0?' AC PA ING LOT 3 HAIN LINK ' ECURITY FEIN CONC. SWALE re BOUNDARY (TYP.) VE. NK NIJAADDRESS R1' NO BUILDINGS APN 562-160-05 (P.R. PARCEL 2) 25,713 S.F./ 0.59 ACRES ZONING: COMM. SERVICE 4 5 6 CE (TIP.) ONNC.,. D" :VEWA..Y Ater ""STEEL.' SERVICE AC PAVE. J PLANTER 6"JUNIPER VACATED 20' AILILEY O AC PAVE AC PAVE. D AND CLOSED PARTIALLY COVERED TR \ AC PAVE. CMU BLDG WALLS (TYP.) BATHROOMS BLDG. HE HT= 20.2' OFFICES 3 4 AUTO SHOWROOM (GLASS WALLS) BLDG. HEIGHT= .20' N -STEPS EPB'S ❑ \ ICV PE CONC. CURB, GUTTER & SIDEWALK N 18'59'43" W (N 18'59'41 "W PER CR 248) O in WALLS YP.) 7 LT POLE 17998 LK2 8 ASPHA T PARKING SLOPE/ICEPLANT / MAP NO OT 9 EASTERLY 10' OF "A" AVE., VACATED AND CLOSED TO PUBLIC USE. TO PUBLIC. USE ROOF OVERHA NCH DRAIN 6 7 ROOF OVERHANG WM C BERM O (0 :P POSTS PARTIALLY COVERED ROOF OVERHANG TOME AC R PAVRKING" AVE.I N U O z 0 0 0 ELEC. PANEL/ (5) METERS RR. BKFLO ASSY. DRIVEWAY SEW MH LEGEND: • INDICATES A FOUND LEAD & DISC STAMPED "LS 2976" PER CR 248 & 249, USED TO ESTABLISH BOUNDARY. UNLESS OTHERWISE INDICATED. INDICATES A FOUND LEAD & DISC STAMPED "RCE 26112" PER R.O.S. 9647, USED TO ESTABLISH BOUNDARY. INDICATES PROJECT PROPERTY BOUNDARY INDICATES CURRENT ASSESSOR PARCEL BOUNDARY EXISTING 1—STORY OFFICE COMPLEX P'*1R. BILK 2 CONC. CURB, GUTTER & SIDEWALK O op N 18'57'14" W 520.40' (520.52' CALC'D PER CR 248 & ROS 9647) FD 3/4"IP PER CR 2478 FRENCH DRAIN OFFICES 2829 NATIONAL CITY BOULEVARD APN 562-160-07 (P.R. PAR. 1) 78,597 S.F. / 1.804 ACRES ZONING: COMMERCIAL AUTOMOTIVE —(2 4" PVC U. SIDEWALK U.D. N 18'59 . DRAIN PIPES '43" W 389.93' EPB 40' ICV'S FIRE HYD CONC. CURB GUTTER & SIDEWALK 'ROOF O.VERH4NO RVICE: ... BAY ALLS: AC PAVE. SER1?CE ..:OAT', CMU.'WALLS (TYt.) AC PAVE. OFFICE MAP NO. 1 DRIVEWAY AC PAVE. 17 16 ACRAP MU RET. WL tie 7 RJW DRIVEWAY FIRE HYD MON WL SCO, SEW MH D=97'11'59 L=33.93' RAD=2�' APN 562-180-30 16,873 S.F./ 0.387 ACRES ZONING: COMM. AUTO °SCO FD. 3/4" I.P. PER 'OS 9647 ACC. AS ELY R/W LLEY APN 562-180-32* (ADJ.) 24,843 S.F./ 0.570 ACRES ZONING: COMM. AUTOMOTIVE 6 MOW CRB TSPEP- AC PAVE. FD. 3/4" I.P. PER CR 248 ACC. AS CL 29TH STREET N 18'59'43" W 477.66. (477.67' CALC'D PER CR 248 & ROS 9647) NATIONAL CITY BOULEVARD (FORMERLY NATIONAL AVENUE) SEW MH R/W EPB TPB WM ICV'S SEW MH N 18'57'53" W 136.92' AC PAVE. AC PAVE. 20' HIGH PARKING LOT L GHTS (TYP.) APN 562-180-33* (ADJ.) 17,214 S.F./ 0.395 ACRES ZONING: COMM. AUTOMOTIVE 29' HIGH "M BUS STOP SIGN/ BENCHES Y') 33" 00' 36' SIGN NWL TRAFFIC/ST UGHT (FORMERLY NATIONAL AVENUE) O R AC PAVE. 40' It 40' WGV 40' SMH SEW MH 40' SEW MH 40' ct 0 30' 60' 90' GRAPHIC SCALE INDICATES PROPOSED STREET VACATION AREA (14,980 S.F. / 0.322 ACRES) PROPOSED STREET VACATION LEGAL DESCRIPTION: THE WESTERLY 60 FEET OF THE EASTERLY 70 FEET OF 'A" AVENUE, LYING WESTERLY AND ADJACENT TO LOTS 1 TO 10 INCLUSIVE IN BLOCK 2 OF SMITH & PLANTE'S SUBDIVISION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1043, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11, 1907. THIS PLAT WAS PREPARED BY ME ON SEPTEMBER 25, 2013. 41,4t Lir 9-25-13 STEVEN L. WOODS DATE STATE OF CALIFORNIA PLS NO. 6427 LICENSE EXPIRATION DATE: 12/31/2014 CITY OF NATIONAL CITY SAN DIEGO BAY VICINITY MAP WOODS LAND SURVEYING, INC. 2180 GARNET AVE., SUITE 3K SAN DIEGO, CA 92109 (858) 273-4700 PROPOSED NATIONAL CITY BLVD 00 FRANK MOTORS, INC 0 ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA THIS DRAWING /5 THE PROPERTY OF WOODS LAND SURVEYING (WLSI. AND SHALL NOT BE USED FOR ANY PURPOSE OTHER DLAN FOR WHICH IT WAS ORIGINALLY INTENDED WITHOUT THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF WLS WLS ACCEPTS NO RESPONS/BRRY FOR THE USE OF THIS DRAWING FOR ANY PURPOSE AFTER SIX MONTHS FROM THE DATE INDICATED BELOW: DRAWN BY.: y m REVISED BY:: REVISIONS DESCRIPTION ti z PLOT DATE: 9-25-13 SCALE: 1 „ = 30 ' WLS WO: FRANK —A —VAC SHEET 1 OF 1 CC/CDC-HA Agenda 6/2/2015 — Page 178 The following page(s) contain the backup material for Agenda Item: A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation. (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 ITEM TITLE: A Public C Hearing toconsider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation. AGENDA ITEM NO. PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. DEPARTMENT: gineeri g/Public Works APPROVED BY: PRAM FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS No financial impact to City of National City; rate increases are borne by residents and businesses that use EDCO Disposal Corporation ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: Approve the proposed Amendment to the Agreernent for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered to increase the rates charged BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Public Hearing to Consider Proposed Rate Increases for Refuse Services 3. Re.cidentia! R ea 4. Commercial Rates Adjustment 5. Rate Comparison of Various Cities 6. Exhibit A National City Rate Schedule Explanation A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to Nai:iund'r City residences and businesses by EDCO Disposal Corporation A rate adjustment is being proposed due to the increased costs of providing refuse services to resideniidi aria currrineiLidi users. The rates for trash service are based on various components: landfill and yard waste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPI). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY 2016 Rate Factors Total proposed adjustment is $0.62 (3.56%) increase per month to the standard residential rate and $3.95 (3.58%) increase per month to the standard commercial rate. There are four main components to the rates. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton increased from $41.28 to $41.73 on July 1, 2014. The "tipping fee" increase of $0.45 per ton equates to a weighted average adjustment of $0.05 to the standard residential rate and $0.39 to the standard commercial rate. Ratepayers benefitted as a result of EDCO not requesting an increase in FY 2014. Yard Waste The estimated yard waste disposal rate increase is $0.72 per ton (from $26.65 to $27.37) with the tonnage remaining similar to last year. This equates to a weighted average adjustment of $0.03 to the standard commercial rate and no change to the residential rate. Recycling Changes in recycle values are factored into the rate with increases in values causing rates to decrease, and decreases in values causing rates to increase. Recyclable revenue decreased by $73,870 since the last review period due to a reduced revenue on collected recycling and the impacts of scavenging. 1 his equates to an increase adjustment of $0.14 to the standard residential rate and $0.98 to the standard commercial rate. Consumer Price IndexJCPI) The 2012 and 2013 published one-year San Diego Consumer Price index (PC0) is 1.5% and 1.7%, respectively. This equates to a weighted average adjustment of $0.35 to the standard residential rate and $2.08 to the standard commercial rate. EDCO will continue to contribute approximately $150,000 annually to the City's Enterprise Fund through collections from rate payers. The fund is used to pay for AB-939 programs such as Household Hazardous Waste collection and preparation of the City's Annual Report required by CalRecycle. The fund also pays for disposal services for hazardous wastes collected from the public right-of-way, as well as a portion of the City's street sweeping services. 5u~..^,a of Rate Adjustments The total proposed increase of $0.62 (3.56%) per month to the standard residential rate was calculated by adding $0.05 to the rate for refuse, based on a July 1, 2014 increase in the tipping fee of $0.45 per ton; $0.14 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; $0.35 based on the San Diego Consumer Price Index (CPI) for years 2012 and 2013 of 3.28%; and $0.08 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed increase of $3.95 (3.58%) per month to the standard commercial rate was calculated by adding $0.39 to the rate for refuse, $0.03 to the rate for yard waste, $0.98 to the rate for recycling; $2.08 based on the CPI; and $0.47 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed rate increases summarized above are for basic service subscribers, and would take effect on July 1, 2015, the beginning of FY 2016. Residential Service Rates Current Monthly Rate Proposed Monthly Rate Base Rate $17.47 $18.09 Senior Discount Rate $13.99 $14.49 Silver Bag Rate $2.39 per bag $2.48 per hag National City currently pays the lowest residential service base rate in the County. If the total proposed base rate increase is approved, National City would still have the lowest residential service base rate in the County. EDCO Disposal Corporation has agreed to initiate a pilot program for up to 75 lockable carts in National City. In addition, EDCO Disposal Corporation has agreed to service all trash cans at all Bus Stops in National City which is accessible to an automated trash collection vehicle. Staff will bring forward an amendment to the Agreement if necessary for both these items. Attachment 2 City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular mee ng of the City Council of the City of National City on June 2, 2015, at 6:00 PM, in the Council Chamber of the Civic Center, 1243 National City Blvd., National City, CA 91950 for the purpose of considering an increase in rates far refuse services, including recycling and yard waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk, City of National City, at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The amount of the increase to the residential rate was calculated by adding $0,05 to the rate for refuse, based on a July 1, 2014 increase in the tipping fee of $.45 per ton; adding $0.14 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; and adding $0.35 based on the San Diego Consumer Price Index (CPI) for years 2012 and 2013 of 3.28%. The amount of the increase to the commercial rates was calculated by adding $.39 to the rate for refuse, $.03 to the rate for yard waste, $.98 to the rate for recycling, and $2.08 based on the CPI. The amounts of the increases to the commercial rates were calculated based on the same increases to the tipping fees, impacts on recycling, and CPI index. An increase to the City Franchise Fee and Enterprise Fund of $.08 for residential and $.47 for commercial rates is also included in the overall adjustment. The total increase of $0.62 cents per month for residential users and $3.95 per month for commercial users would be effective for basic service subscribers. The proposed increase in rates for refuse services would take effect on July 1, 2015. Additional information pertaining to this matter may be obtained from thheEngineering Department at 1243 National City Blvd., National City, CA 91950 Current Monthly Rate Proposed Monthly Rate Residential Service Rates Base Rate $17.47 Senior Discount Rate $13.99 Silver Bag Rate $2.39 per bag $18.09 $14.49 $2.48 per bag Attachment 3 Residential Rates Adjustment National City Rate Adjustment -July 1, 2015 Gross Rate Revenue & Franchise Fees i Ate?apsel AinotoK ` Gross Residential Rate Revenue - 2014 $ 1,635,587 Less Residential Franchise Fees @ 9 % 1 ($147,203) Less Enterprise Fund (res portion) i ($49,620)1 ..t., r•. -_ _ wars _. r-__..h!ze art Entsrptr: Fund i $ 4 125 751 1 rvoa:a.d;,�5� Rats ,•.:r•.nvo ��..� i .a.rw ...... art �. .::.pnw . - , - Revenue Components (net of Franchise Fees) Revenue Components (net of franchise Fees) Annual Alnount Percentage of Rate Revenue Net pi` Franchise Fees Residential Rate Revenue Net of Franchise Fees Less: Actual Residential refuse Disposal dense Less: Actual Yard Waste Disposal (res portion) Add: Recycling Revenue (residential portion) Residential Service Revenue $1,438,764 -$458,479 -$14,050 $41,926 100.00% -31.87% -0.98% 2.56% $1,00B,162 e in .adjustment factors 69.72% Adjustment Factor _ Old New index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 41.28 $ 41.73 $ 0.45 1.09% YW Tipping Fee per Ton $ 26.65 $ 27.37 $ 0.72 2.70% Recycling Revenue Increase / (Decrease) $70,050 $45,673 $ (24,377) -34.80% CPI- San Diego Index CUUSA424SA0 253.4 261.7 8.31 3.28% In adjustment factors Revenue Components Y Y Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposai 31.87% 1.09% 0.35% Yard Waste Disposal 0.98% 2.70% 0.03% Recycling Revenue (Increase)/Decrease -2.58% -34.80% 0.89% Service $9.72% 3.28% 2.29% Totals 100.00% 3.56% e change to Residential Rates Service - - _ Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Residential Single Family Rote $17.47 3.56% n R2 1R 134 Senior Rate $13.99 3.56% 0.50 14A9 Silver Bag $2.39 3.56% 0.09 2.48 Multifamily recycling per Unit $0.99 3.56% 0.04 1.03 Updated Allocation of current rate Change Proposed New state Allocation Service $10.71 $0.35 $11.06 Landfill $4.90 $0.05 $4.95 Enterprise Fund $0.53 $0.02 $0.55 Curbside Recycling ($0.39) $0.14 ($0.25) Yard Waste collection $0.15 $0.00 50.15 Franchise Fee (9%) $1.57 $0.06 $1.63 Total Rate $17.47 $0.62 618.09 Attachment 4 Commercial Rates Adjustment National City Rate Adjustment - July 1, 2015 ' Gross Rate Revenue & Franchise Fees !Gross Commercial Rate Revenue - 2014 Lssn Gross Franc .tee Fee;3 % rLees Eritcrprise Fund (coma porton) 'Commercial Rate Revenue Net of Franchise Fee and Enterprise Fund Annual Ainount 3,315,178 ($298,366) ($95,578) 2.921.233 Aesr� ii. =t:«fct=le: 6- j' :. tr Frsnciliss ra0a) Commercial Rate Revenue Nat of Franchise Fees Less: Actual Commercial Refuse Disposal Expense Less: Ac-tuei Yard Waste Dispose!(comm portion) Add: Recycling Revenue (comm portion) Commercial Service Revenue Annual Amount $2,921,233 -$1,068,031 - 28,525 $85,123 Percentage of Rate Revenue Net of Franc Mee Fees 100.00% -36.56% -0.98% 2.91% $1,909,800 65.38% P Adjustment Factor Old New index Change Rite Component Percent Change1.09% RSWA Disposal Tipping Fee per Ton $ _41.28 $ 41.73 $ Q.45 YW Tipping Fee per Ton $ 26.65 $ 27.37 $ 0.72 2.70% Recycling Revenue Increase / (Decrease) $ 142,223 $ 9Z730 $ (49,493) -34.80% CPI- San Diego Index CUUSA424SA0 253.4 281.7 3.28% v 28% Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate AdJustme Refuse Dispose] 33.50% 1.08% 0. 4.40% Yard Waste Disposal 0.98% 2.70% 0.03% Recycling Revenue (Increase)/Decrease -2.91% -34,60% 1,01% Service ¢5.36% 3.28% F 2.14% Totals 100.00% 3.58% Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Rate 3 Cu Yard x 1 week $110.23 8.58% $3.95 $114.18 Updated Allocation of current rate Change Proposed 14CVS Allocation Service Landfill Enterprise Fund Curbside Recycling Yard Waste collection Franchise Fee (9%) Total Rate $63.50 $35.51 $3.16 ($2.83) $0.95 39.92 $2.08 $0.39 $0.11 $0.98 $a.o3 $0.36 $ 58 $35.3.00 $3.29 98 $0. ss $10 28 $110.23 $3.95 $114.13 Attachment 5 Residential Rates National City - current National City - Proposed Escondido Coronado - Proposed De! Mar Chula Vista - 64 gal Santee La Mesa - Proposed Encinitas - Proposed Oceanside Carlsbad Vista Lemon Grove - Proposed Poway - Proposed San Marcos - Proposed El Cajon Chula Vista - 96 gal Solana Beach Imperial Beach - Proposed $17.47 $18.09 $18.71 $18.98 $19.40 $19.72 $19.74 $19.77 $19.78 $20.13 $20.40 $20.50 $21.10 $21.19 $21.49 $21.89 $23.21 $23.96 $28.62 Effective 7/1/13 Proposed 711/15 Effective 3/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 11/1/14 Effective 7/1/14 Proposed 7/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 7/1/14 Effective 7/1/14 Proposed 7/1/15 Proposed 7/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 11/1/14 Effective 7/1/14 Proposed 7/1/15 NATIONAL CITY RATE SCHEDULE July 1, 2015 CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RUBBISH AND GARBAGE RATE RATE 1. RESIDENTIAL Per month residential single family properties $17.47 $18.09 $0.62 For the ser_.nnri anti for earh additional residential unit in multiple dwellings which do not exceed four units $13.77 $14.26 $0.49 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $12.08 $12.51 $0.43 3. APARTMENT HOUSES One time per week, per unit, per month $12.27 $12.71 $0.44 4. SENIOR CITIZEN RESIDENTIAL Per month $13.99 $14.49 $0.50 5. SILVER BAG SERVICE Per month $2.39 $2.48 $0.09 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month 'J J to (4) "ASV gallon ccnta!l leis Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month $20.85 $38.80 $49.87 $61.64 $80.52 Additional or unusual accumuiation of rubbish (per cubic yard) $20.85 $21.60 $0.75 $40.19 $1.39 $51.66 $1.79 $63.85 $2.21 $83.40 $2.88 $21.60 $0.75 EXHIBIT "A" Page 1of2 NATIONAL CITY RATE SCHEDULE July 1, 2015 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RATE RATE 1 13 $110,23 $114.18 $3.95 2 1 26 $186.07 $192.73 $6.66 3 1 39 $261.92 $271.30 $9.38 4 1 52 $340.00 $352.17 $12.17 5 1 65 $418.07 $433.04 $14.97 6 1 78 $496.16 $513.92 $17.76 7 1 91 $574.23 $594.79 $20.56 1 2 26 $188.31 $195.05 $6.74 2 2 52 $337.77 $349.86 $12.09 3 2 78 $487.23 $504.67 $17.44 4 2 104 $634.45 $657.16 $22.71 5 2 130 $781.69 $809.67 $27.98 6 2 156 $928.92 $962.18 $33.26 7 2 182 $1,076.14 $1,114.67 $38.53 1 3 39 $266.38 $275.92 $9.54 2 3 78 $485.00 $502.36 $17.36 3 3 117 $703.61 $728.80 $25.19 4 3 156 $920.00 $952.94 $32.94 5 3 195 $1,136.37 $1,177.05 $40.68 6 3 234 $1,352.76 $1,401.19 $48.43 7 3 273 $1,569.14 $1,625.32 $56.18 1 4 52 $344.45 $356.78 $12.33 2 4 104 $632.23 $654,86 $22.63 3 4 156 $920.00 $952.94 $32.94 4 4 208 $1,205.52 $1,248.68 $43.16 5 4 260 $1,491.07 $1,544.45 $53.38 6 4 312 $1,776.60 $1,8.10.20 $63.60 7 4 364 $2,062.13 $2,135.95 $73.82 1 5 65 $422.54 $437.67 $15.13 2 5 130 $779.46 $807.36 $27.90 3 5 195 $1,136.37 $1,177.05 $40.68 4 5 260 $1,482.14 $1,535.20 $53.06 5 5 325 $1,827.90 $1,893.34 $65.44 6 5 390 $2,173.66 $2,251.48 $77.82 7 5 455 $2,519.45 $2,609.65 $90.20 1 6 78 $500.61 $518.53 $17.92 2 6 156 $926.69 $959.87 $33.18 3 6 234 $1,352.76 $1,401.19 $48.43 4 6 312 $1,765.45 $1,828.65 $63.20 5 6 390 $2,178.14 $2,256.12 $77.98 6 6 468 $2,590.82 $2,683.57 $92.75 7 6 546 $3,003.52 $3,111.05 $107.53 EXHIBIT "A" Page 2 of 2 CC/CDC-HA Agenda 6/2/2015 — Page 188 The following page(s) contain the backup material for Agenda Item: Public Hearing — Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties Parcel Numbers 556 314 04 00, 427 K Avenue National City; 556 553 15 00, A Avenue, Natio CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2nd, 2015! AGENDA ITEM NO. ITEM TITLE: ;Public Hearing — Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties Parcel Numbers 556 314 04 00, 427 K Avenue National City ;556 553 15 00, A Avenue National City; 557 380 24 00, 2104 E 12th Street National City; 558 320 21 00, Rachae! Avenue National City; 558 320 22 00, 2112 Rachael Avenue National City; 564 010 55 00, Fenton Place National City; 564 261 21 00, 3237- 3239 Alta Drive National City; per National City MunicipaI Code 9.12.020 — Public Nuisance Declared — Weeds and Other Flammable Materials. (Fire) PREPARED BY: Robert Hernandez/Fire Marshal DEPARTMENT: rite PHONE::336--4552 APPROVED BY: EXPLANATION: !n accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council.; FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 $10,629.78 ENVIRONMENTAL REVIEW: 'NIAI ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: ;City Council by resolution approve:; the Report and Account as submitted or as modified or corrected by City Council. BOARD / COMMISSION RECOMMENDATION: NIA FINAL ADOPTION: APPROVED: APPROVED: Finance MIS ATTACHMENTS: Fixed Charges Special Assessments - Please see Exhibit "A" City of National City Weed Abatement Program 2015/2016 Fixed Charge Special Assessments Parcel Assrr�ecl Arnt Site Address Owner Mil AdcTrs� i ity St ' Zip 556 314 04 00 $1,466.02 427 K Ave National City 91950 K2 Ventures Inc 14566 Via Bergamo San Diego CA 92127 556 553 15 00 $893.64 A Ave National City 91950 Demeo Fred Inc 999 National City Blvd National City CA 91950 557 380 24 00 $854.20 2104 E 12th St National City 91950 Georges Mario F 2104 E 12th St National City CA 91950 558 023 07 00 $857.96 Pleasant Ln National City Austin Edwin D II T' PO Box 120501 San Diego CA 92112 558 320 21 00 $2,284.44 Rachael Ave National City 91950 Casillas Jose D 1330 Oro Vista Rd #225 San Diego CA 92154 558 320 22 00 $2,284.44 2112 Rachael Ave National City 91950 Casillas Jose D 1330 Oro Vista Rd #225 San Diego CA 92154 564 010 55 00 $1,946.44 Fenton PI National City 91950 Ruvalcaba Carlos;L.ilian 5941 Alleghany St San Diego CA 92139 564 261 21 00 $900.60 3237-3239 Alta Dr National City 91950 Liwag Alejandro P;Patricia N 3237 Alta Dr National City CA 91950 Total Parcels:. 8 Total Assess: $11,487.74 SUMMARY REPORT FOR APN 556-314-04-00 05/07/14 Initial inspection was made, property was found to be in violation. 05/09/14 Mailed 30 day courtesy notice to the owner. 06/11/14 Re -inspection was mad; properly was found. to be in violation. 06/11/14 Posted property. 06/11/14 Mailed 10 day final notice to the owner, certified mail. 06/16/14 Received signed certified return receipt. 06/30/14 Final inspection was made, property was found to be in violation. 07/02/14 Verified .ownership information with County of San Diego. 07/10/14 Work order authorization signed by District Official. 07/11/14 F.P.S.I. crews abated the property. 07/14/14 The owner was mailed a bill at the contracted rates. 08/12/14 The owner was mailed a final bill. 08/26/14 A Notice of Abatement was filed on the property. 05/22/15 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS BEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: K2 Ventures Inc Address: 14566 Via Bergamo San Diego, CA 92127 Parcel Number: 556 314 04 00 Date: 5/9/2014 Location of Public Nuisance: 427 K Ave National City 9195E Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead ve9?etation and debris must be removed from the property. (Please maintain any and all anuses below 3 inches year round) . You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 5/9/7.-014. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation More than thirty (30) front such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. TIIREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on yew' property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WR]TINO AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARJNG. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTE1.WAT1VE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN YscOCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Menlclual Code 912,010 Public Nuisance Declarer} -In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee 'determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous' accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life of property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or fords that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When lhe.Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto; or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree. that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which mayobstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National Clty Munirinal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved ,property. tr. Weeds which are otherwise noxious or dangerous. D. Poison oak and. poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes, National Cry Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479 Na clonal City Municipal Code 1.36.060 Abatement— Anneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected atay appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. .If you should have any questions, please feel free to call this number: 1-866.779-3774 Si usted tienealguna pregunta, por favor name al numbro: 1-866-179-3774 Sa anumang katannngan, tumawag lang po sa numerong Ito: 1-866-779-3774 Sincerely yours in public safety, 1-866-779,3774 ext..311 or httpJ/fireprevention.net Fire Prevention Services*** **you have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.059) ***Fire Prevention Services, Inc. is under contract with the City of National City. - NATIONAL CITY FIRE DEPARTMENT • COMMON QUESTIONS AND ANSWERS APE -YOU THECURRENT Often OF THIS PROPERTY? • - Yee 1HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No Ves HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? WOULD YOU LIKE THE crrr TO ABATE THE HAZARD FOR YOU? No Yee OWNERS ARE RERPONMIILE FOR RARMUNDIO HAZARD MAMMY ON A WAR ROUND • CALL FIRE PREVENTION 1-8604T9477 tatp:MIroprevend 4n.net. Yes /1.4".7:510/!Wl •TIME SPECIFIED THE •OWNER WU- DE CHARGED A $360.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION MOLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS IF YOU DO NOT UNDERSTAND INSTRUCTIONS CAU. FIRE PREVENTION. 1466.179-3774 httPdairoPIIIYmMaroot CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-0341-Tre4774 httpfirepreverMen.net CALL FIRE PREVENTION FOR ARRANOEMENTS. 1486.7794774 httplalreprevention.net• AR9IRRORMENTS ARE woos =Rio CtTY ABATING HAZARD. THE AORPRITRAIWE FEE MAY BE WANED. t+- 333 E. ilith Street: National City, CA : 919504596 1. CITY OF NATIONAL CITY Tractor Mowing A. per parcel, B. per parcel, C. per parcel. D. per parcel, E. Per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15;O01 sqi fp& to 30,00e sq,. feet sized 30,001 square fort, to one acre foot over one acre 2. jland Labor A. per square foot of area abated 3. Dozer Operrtion A. hourly rate B. move -on fee $250.00 $325.00 or-rv}i.vv.uu $450.00 $ 00.0'2 $ •00.10 $150.00 $150.00 4. Debris.lemediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney gep'ices A. per parcel, per hour 7. Assiasment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. MiscellaneotjJees A. B. C. D E. C. H. $200.00 $275.00 special inspection fee $ 50.00 abatement lien. $ 50.00 Interest on lien (apr) 10% release of abatement lien $ 50.00 public notary $ .20.00 File duplicalion fee $ 50.00 Unscheduled Labor per man hour $.50..00 unscheduled fees (reimbursement of cost) 5 CITY OF NATIONAL CITY FIRE DEPARTIVIFNT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE. Owner: K2 Ventures Inc Address: 14566 Via Bergamo San Diego, CA 92127 Parcel Number: 556 314 04 00 Date: 6/11/2014 Location of Public Nuisance: 4271 Ave National! City 91950 • Insstr lions for Abatement: Please clear the entire' properly of all weeds, dead vegetation, trash debris alai arundo. All piles of dead veget tion and debris east be removed from the grol arty. illlease.maintain any ant all Prasses below inches year rowtot You are hereby directed to abate the public nuisance described above,. of which you are the occupant or owner, within ten (10) days of 6/11/2014. *"Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at yjm expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable VeneiatiQn For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more .than thirty (30): from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened"or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL MT FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE A.GENCiFS FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State LAw tO penaftirc. National City Municipal Code 9.12,010 Public Nuisance Declared —In General Any of the following conditions are hereby, declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials er dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provisionof the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. l'iational City Municipal Code 9.12.020 Public Nuisance Pectared—Weedslnd Other Flammable Materials Ail weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City " which has been zoned for single and multiple residence purposes. National City Municipal Code 136.0/0 )at:lplie Nuisance Defined "Public Nusanoe" means any condition defined or declared to be a public nuisance in any seetion of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which signtilcantiy oostructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in Califomia Civil Code Section 3479. yational City Municipal Code 1.36.060 Abatement —Anneal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice., the owner or person occupying or controlling such lot or premisesaffected may appeal to the City Council. Such appeal shall be in writing and shall be filed with thc City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor !lame al numero: 1-866-779-3774. Sa anumang katanungan, tumawag langpo sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or iittp://firepreveniion.net The appeal shall be in writing and filed with theCity Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc: is under contract with the City of National City. Fire Prevention Services*" rev. 03/27/06, 04/24/06, 06/21/06 s.Qothpretefterns18.Aornete ; ?tenr4f Rest -lead Delve/Ilia derttred. 0 RIM your name and address on the reverse. so !net we o.-ert maim, the CRTri- tit* ytx,- • •Athttavud to Me Wok of Itta rnapeco, pi' on the *On; if space pennits, 1. Mole Addressed . 556 314 04 00 • i • K2 Ventures Inc 14566 Via Bergamo San Diego CA NC 92127 (OMPLE, TE THIS SFC7701+1 ON DELI • • n4dit'96:E.s.04 : 47, a Service Type 03 CanMed Mali* in Priority Mall to:press! (3 Registered •13 Return Receipt ibr Merchandise f. 13 Insured Mall .13 Collect tal Dalkon" • • 4. %Added tieNvety? (Exist Fee) • CP638 • 2. Article Water Monster I'm service Obeli f•PS Font 3811 July 2013 ru 7013 1090 0000 6841 7013 1090 0000 6841 2749 Dorriesde Malign Receipt U.S. Postal Service 4, CERTIFIED MAILRECEIPT (Domestic Mail Only; No Insuranco Go rag Provided) For dplivpry information visltsiny vyebite at www.usp'5.com, Postage Certified F Returellecelpt Fee (Endorsement Required) Fiestrf4xt Delivery Fee (Enderternerit Required) Tara 556 314 04 00 K2 Ventures Inc *mot 14566 Via Bergamo °I'M San Diego CA 92127 43 .30 C.V. MIR -C ui *K- . c? CU 0 -7 <� Cr) �t N (U CS' 5563140400 427 K Ave Left of 1105 E.5th St 1-61�3.01201 10 556 314 04 00 427 K Ave Left of 1105 E.5th St F30/201t n 5563140400 427 K Ave Left of 1105 E.5th St Pinn8 Ate nI9nhzi. 11 556 314 04 00 427 K Ave Left of 1105 E.5th St Finpi A/"If/9f h Ii 13 5563140400 427 K Ave Left of 1105 E.5th St I q- CITYOFNATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950..4596 WORK ORDER AUTHORIZATION OWner: K2 Ventures Inc Addiess: 14566 Via Bergamo Ci'i 1 'VI s.“.44L .1-001.1.06160, .014 J. 01., 0 Parcel #556.314 04 00 Authori Authorization # 4137 Job location:427 K Ave National City 91950 Date: %o — Li—. WHEN SIGNED TMS DOCUMEN 1T7 WS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REIVIOVAL METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: Tractor Mowing: sq. ft. Discing: cu. yds. sq. ft. Crew Type: Type: Type: Type: CREW INFORMATION Notes: •Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. AJI.pil�s of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06] E3 So H IGHLAND o m SAN 1JEGO COUNTY ASSESSOR'S MAP 8001( 053 PAGE 31 FOURTH SIXTH dinorimmr 1•4 9 V- :144:14) 8 5 r a 0 80 gaggµ I�sa YAW @IOTF CoYLD AL ;:< 'ate l"• • C re IL01N0 80 S.T lip- {jr'i IQT ), 8 lam. ..„Erz Ta 5v ® s� 4� � r ST do 8 +oazlu 10 cHaNczEs BLK OLD 31 x5co+At NEW 13-23 VR CUT 312 250SAR 313 Woke 34 aro& 313 15810 11-22 '-20 1-2G • 2I. 85 00 tows 1339 311 12 244e25 07 1028 311 .. MAP115 — PEPPER FLAT MAP 614 - COPELAND SUB MAP 412 — PADRIICKS SUB OF 1POR 1,4 SEC 131 RHO DE LA NACION MAP 9B — FRANK A KIMBALLS SUB ROS '13498,18534 20&2Z 07 1111 Hand Sq. Ft.: Dump ticket: ''%tc Work space for diagrams and amount of work done Tractor Sq. Ft: Dump Charge: Total Removal Cu. Yds.: Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 fax (619) 445-6336 http://f reprevention.net 7/14/2014 K2 Ventures Inc 14566 Via Bergamo San Diego, CA 92127 Parcel # 556 314 04 00 Location: 427 K Ave National City 91950 Dear IC2 Ventures Inc, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $852.90. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel ## 556 314 04 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 Zt NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq ft. quantity sub total Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate . B. move -on fee $0.10 $150.00 $150.00 5.029 sq. ft. 502.90 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X cu.yds = B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 Attorney Services • A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. B. C. D. E. F. G. H. special inspection fee abatement lien Interest on lieu (apr) release of abatement lien public notary file duplication fee unscheduled Labor per man hour unscheduled fees FILE ## 4137 APN # 556-314-04-00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 852.90 350.00 2 3 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 8/12/2014 K2 Ventures Inc 14566 Via Bergamo San Diego, CA 92127 Ref: Parcel # 556 314 04 00 Dear K2 Ventures Inc, This is a reminder of the letter we sent you on 7/14/2014 and we have not received payment in the amount of $852.90 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 556 314 04 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/I9/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WIDEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 ilii111111111111111111111111111111111111111111111111111111111II SEP 02, 2014 2:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER% OFFICE Ernest J. Dronor burg. Jr.. COUNTY RECORDER FEES: n nn PAGES:• 1 1111111110111111011011110111011111111111111101111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 7/10/2014, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7/11/2014, and WHEREAS the charge for such abatement amounted to $922.90; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is K2 Ventures Inc at 14566 Via Bergamo, San Diego, CA 92127 described as follows: APN P 556_ 314 04 on ADDRESS: 427 K Ave National City 91950 LEGAL DESCRIPTION: Alley Clsd Adj & Lot 6 & N 20 Ft OfLot 7 B1k 12 Tr 98 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $922.90 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: August 26, 2014 State of California County of SantDiego ) ) SS. ) BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On August 26, 2014 before fine, Jessica A. Morgan. Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JES,S/CA A. MORGAR COMM. 02022405 = Notary Public - California c San Diego County COMM, irns :. , r. 28, 20T7 (Seal) SUMMARY REPORT FOR APN 556-553-15-00 04/08/14 Initial inspection was made, property was found to be in violation. 04/09/14 Mailed 30 day courtesy notice to the owner. 05/12/14 Re -inspection. was mode,, prep , was fc nd to be in violation. 05/12/14 Posted property. 05/14/14 Mailed 10 day final notice to the owner, certified mail. 05/15/14 Property owner called and left message. 05/16/14 Call was returned. 05/27/14 Final inspection was made, property was found to be in violation. 06/02/14 Verified ownership information with County of San Diego. 06/19/14 Certified notice returned "unclaimed". 07/10/14 Work order authorization signed admin fee only by District Official. 07/10/14 The owner was mailed an Administrative bill at the contracted rates. 07/28/14 The owner was mailed a final bill. 08/12/14 A Notice of Abatement was filed on the property. .05/22/15 The list of Fixed Charge Special Assessments {E. IT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. it" Fire Prevention Services*" CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12tb St. ; Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner Demetl Fred Inc Address: 999 National City Blvd National City, CA 91950 Parcel Number: 556 55315 00 Date: 4/9/2014 Location of Public Nuisance: A Ave National city 91950 Instructions for Abatement: Please clear the entire properly of all weeds, dead vegetation, trash, debris and. arundo. All piles of .dead vegetation and debris .must be removed train the )property. (Please.maintain any and all grasses lielnw 3 in,ehRe vAS+r rngna) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, iti lu thirty '00) days of 4//f2014."You': failtge.to comply with this order will result in the City having your, property cleaned by the City's contractor at your expense "(per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors_ • - Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet"to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and, other vegetation more than thirty (30) from such building or structure, Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR RNDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPART LENT IN WRITING AT LEAST TEN.(10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECItO •BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties_ " National City Mnnicipal Code 9.12.010 .Public Nuisance Declared —In General Any_of the following conditions are hereby declared to constitute a public nuisance: A When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or funds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire departrnent-or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated, B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing. fire or any thing of act which may obstruct, delay, hinder or interfere with thc operations of the fire department or the egress of occupants in the event of fire. National City Munieinatl Code 9,12,020 reilbtie Nuisance Oeelared—Weeds and Other Flammable Materials All weeds, glowing or located upon street, sidewalks or private property are hereby declared to be a public nuisance. For thc purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds ofit downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent unproved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. NationaJClty Municipal Code 1.36.010 Public Nuisflncc Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintainedor permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Meeiainal Cade 1.36.060 Abatement —Anneal —Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguua pregunta, por favor (lame al numero: 1-866-779-3774 Sa anumang katannngan, tumawag Lang po as numerong ito: 1-866-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 11-866-779-3774 ext= 311 or http://fircpreventionoret The appeal shad be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. NATIONAL an FIREDEPARTMENT' • COMMON QUESTIONS AND ANSWERS • Yes HAVE YOU CLEARED MS PROPERTY SINCE THIS NOTICE? D0 YOU UNDERSTAND THE IMSTRO S FOR ABATEMENT? Yes • HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes OWNERS AM RIMPONIMILE FOR NIAWTAINING MITAMMOMENT CIAe AYMR I OUWD 4111., CALL POE PREVENTION 1 77947T3• :iiilreprevenUun.net MALLFIREPI.,"VENTION MR RIE INEME.CTION. 1460-TT$4774 htIp://ftrepermitlomnet rommingaiwiii HAVE YOU THOROUGHLY RF.AINSTRD. THE� INT Y1 1 WOULD YOU LIKE THE CITY TO ABATE TIE HAZARD FOR YOU? 7 No I NWT WITHIN TIME SPECIFIED THE • 6 1lSIiR WH L BE CHANGED A $310.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILLABATE. Tl E CoNNER•WILL BE BILLED FOR ALL COSTS r v IF YOU D0 NOT UNDERSTAND INSTRUC770N8'CALL DIRE PREVENTION. 4.866.779$TT4 littp:Mirepteseetton.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 4 i-77.37T4 t EFMIreprssentfon.net rFARsess:e mery ARE MACE GYtAMTWG K*ZMD, THE ADMIWISTRAITVE FM MAY BE WAIVED, 333 E. l6th Stet : National City, CA : 91950.4596 1, CITY OF NATIONAL CITY SCHEDULE OF FEES Ingetorg A. per parcel, sized 1 to 7,500 square feet B. pet parcel, sized1f 7,501 to 15,000 square feet C. per �:iT#(i°[�el, size:.; 1 001 squaw:. f .+,t t... 30 000 n r _"---may � ,vv a aw�aswYv �vti►. w JV,VU'V �0.AktIC I@ct D. per parcel, sized 30,001 square feet to one acre E. Per square foot oyez' one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.O0 $150.00 4. Debri.s.Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. clump fees (reimbursement of cost) 5. Administrative Fc (failure to comply with final notice) A. per parcel $350.00 6. Attu Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings; etc.) A. Cost confirmations fee, per parcel $275.00 $. t`Viisc J.lanea� .pes A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public; notary $ 20,00 F. File duplication fee $ 50.00 %I, Unscheduled I r per man hour $..54 00 H. unscheduled fees (reimbursement of cost) 2' CITY OF NAI°IONAL crry FERE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL C1TY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Demeo Fred Inc Address: 999 National City Blvd National City. CA 91950 Parcel Number: 556 553 15 00 Date: 5/14/2014 FY Location of Publ ,e Nuisance: A Ave National City 91450 • instructions €or Abatement: 'Please clear the entire saronerty of all.vreeds,.dea4 venetation, trash, debris and arundo. All.piles of dead vegetation aztd:d.s'fhris minst.be. removed the property. (Please maintain any and all ara. es below s inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of5/1412014. **Your failure to Comply with this order will result in you being charged the administrative fee and the City having your properly cleaned by the City's eontraotor at your expense (per National City lvinnicipai Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatementof$ammable Veeetttioa For the protection of fife and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100).feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department; including the maintenance of grass, and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING. RARE. TI1REATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE.DEPARTMENT IN WRITING AT LEAST TEN (I0) DAYS PRIOR TO BEGINNING VEGETATION CI,EARITIG. Lc' THESE AGENCIES FAB, TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIREC fED 13Y MIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Mgpicioal Code 9,12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are sosituatedas to endanger life or property; or finds obstructions" to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard.or menace of fire to a • greater degree that customarily recognized as'normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National mite Mimic/Dal Code 9.12.020 Pub11g Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private.property are hereby declared to be a public nuisance. For the purposes of this chapter, 'weeds" shall include. the following; A Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. . Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.0.10 Fnbiie.Nuisance, Defies "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this.code, andtor and condition caused, maintained or permitted to exist which constitutes a threat ro the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of tree use, of property in a neighborhood, community or to any considerable number of persons_ A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. . National Clty Municipal Code /36.060 Abatement-- Appeal —.Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk If you should have any questions, please feel free to call this number: 1-866-779-3774 Si bated tienealgnna pregunta, por favor )lame al numero: 1-866-779-3774 Sa auumang katanungan, taniawag"iang po sa numerong ito: 1-866-779-3774 Sincerely yours.in public safety, 30 **You have the right to appeal this matter to the City Council within ten (10).days of the receipt of this notice. 1-866.779.3774 eft. 311 or http://hreprevention.net The appeal shall be in writing and filed with the City Clerk. (NCIvIC1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services**"' rev. 03/27/06, 04/24/06, 06,21/06 try 41 C7 CZ1 tpetturn Receipt Foe. wearssinentitequu+sdl t (+•sdonlement 1 rood ,.a z $6.49 555.553 15 00. Demeo Fred Inc . 999 Nation City' Blvd r . orPC1 : blational City :.Cif. aI Seruice,r., �_TJFIEO MAIL:, RECEIPT Fir deliveryinformatponlvssit our`wehsitelat wwvr:usps:come, Postage PSF-n. NATIONAL CITY FIRE DEPT. 1243 National City Blvd National City, CA 91g k ED w�py�.j.�fl�j�j �1'GC'... •!+.a!1 fYF'•r�Zi�'i Owner: Demeo Fred Inc Address: 999 National City Blvd National city; CA 91950 Irk t L. 2014.. eo 91950 CERTWIE MAIL,. i 71313 1 CiryQ, Parcel Ruiiibi Date:.5/14/2014 Location of Public Nuisance:_A Ave National City 91950 Instructions for Abatement: s' .cease l :: ' e : tire ,, ro of a i i 6841 2510 tANITODS7S2T&S i i 1 1000 91950 AOMLAIMED FORMAlka u. P. OSTAGE IEL CAJON CA • 92020 MAY AMOUNT c $6,4. 000157 1 556 553 15 00 AAve Left of 1016 A Ave Poc.441d'/11/'tl1A 32. 556 553 15 ©o A Ave Left of 1016 A Ave { 970; fl 14 33 556 553 15 00 A Ave Left of 1016 A Ave 34- In i. (•1 ,1 1 T� `...+$e• CITY OF NATIONAL CITY FIRE DEPARTMENT Hand Cutting: Tractor Mowing: 333 E. 16th St. : NATIONAL CITY, CA. 91950.4596 WORK ORDER AUTHORIZATION Owner: Demeo Fred Inc Address: 999 National City Blvd eAt'Ar.,, :0, A Al 4.411v, 4..43. 7 1 YJI.) Parcel #556 553 15 00 Authorization # 4102 Job location:A Ave National City 91950 Date: \ 0 tt4 --VVIIEN SIGNED THIS DOCUMENT GHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATIO UBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: cu. yds. sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: 37 Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 N1 M VW W CPR LOT q3 1/4 SEC 154 CZ-7 eu ` 1a , A Z A --. • GO *40 -1— II EDIT 61 QI 3 ELEVENTH —ZI — y �z m1r F•1 VI 0I I S Q xt I 80 14a 1 1 1 1l2 r1 6 8 I I $--TWEL.VETH i C a 8EE Ok'Tgli"A" g (9......f.® 1 .g Pie ;4033 3A tdzrs 11437 1 Q ® /I 34i2 %M.1019 , „ O tom,s 'Sr d�B�07 . 3 . 4 .,, g c.ez,�c #E, DOC11-0202839 MSEESHT2) m pn....(o' .. was 11 BL K 2 0.54 AC Z/IP no y N W CORE 1/2 LOT 3 1t4 SEC 154 - (TENTH-- —ST)- 80 16 50 AO N,73L 0 POR LALB 1 �3' 1/4 SEC 154 ' iB3Z� a 12 14 10 —i.0/0 ST , O CLSp'r _—,..---; 2 4ii) 20 WO 41 2a 1 a') Q O 17 316 it* „5 t) SArr tea? A s MAP BOOR 558 PAGE 'SS I5: pgrAII.A. NO SCALE •ce' / 8 aoro +� THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS TA SHOwN. ASSESSORS PARCELS MAY ASSUMED NOT COMP Y WITH LOCALACCURACY E BDVI ION 03 BUILDING ORDINANCES 40 " 40 y S£.COR LOT 4 • 1/4SEC 154 556-55 S, HT1OF2 10/27/11 JM.4 BLK OLD NEW CUT (53244 554?6451Kil^21 :: WoN5 553.' 12613 14515 OB 1024 854- 115517 22-24 11 . 25 ' 554.238,2425 12 1157 22 :saw 1 ' MAP 15807-CENTRO/REVOLUTION 2 CASE FILE NOS•-2006-5 IN THE CITY OF NATIONAL CITY MAP 1589—ATWATERS SUB MAP 585—F A KIMBALL'S SUB MAP 166—RANCHO DE LA NACION-POR 1/4 SEC 154 MAP 13--S D LAND do TOWN CO SUB' OFF 1/4 SEC 154 RANCHO DID LA NAACION ROS 9415, 13498 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 hftp://fireprevenlionmet .ADMINISTRAH'HVE BILL 7/10/201 4 Demeo Fred hic 999 National City Blvd National City, CA 91950 Parcel # 556 553 15 00 Location: A Ave National City 91950 Dear Demeo Fred inc, Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property *as re -inspected on 5/27/2014 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 7/10/2014 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please .make check payable to F.P.S.I. and please include the File # 556 553 15 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 39 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel, sized 1 to 7,500 square feet $250.00 B. ;per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 sgsuarc feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. it. Hand Labor A. per square foot of area abated $0.10 Dozer Operation A. hourly rate B. move -on fee $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 350.00 sq. it. cu.yds = Attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 U. unscheduled Labor per man hour $50.00 H. unscheduled fees (reimbursement of cost) FILE # 4102 APN # 556-553-15-00 TOTAL $ 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:// fireprevecii ion.net Final Bill 7/28/2014 Demeo•Fred Inc 999 National City Blvd National City, CA 91950 Ref: Parcel # 556 553 15 00 Dear Demeo Fred Inc, This is a reininder of the letter we sent you on 7/10/2014 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel At 556 553 15 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19106 �-i RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL, TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 111111111NMRIIIVIB�INNI�IIII�IINN0111G�19YluMlnl AUG 18, .2014 4:01 PM OFFICIRECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ. Dranenburg,Jr., COUNTY RECORDER FEES: 0.00 NOTICE OF ABATEMENT PAGES: 1 T.O THE CURRENT OWNER OF RECORD AND ANY FUTURE.OWNERS/PUJRCHASERS OF THE. HEREIN DESCRIBED PROPERTY • WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 7/10/20I4, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7/10/2014, and WHEREAS the charge for such abatement amounted io $420.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Demeo Fred Inc at 999 National City Blvd, National City, CA 91950 described as follows: APN # 556 553 15 00 ADDRESS: A Ave National City 91950 LEGAL DESCRIPZTO,N: Par 2.Of Doc05.0067894.Iu.Lot.1Qsec154.Tr 0.166. This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $420.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: August 12, 2014 State of California SS. County of San Diego . BY: Ken Osborn, Fire Prevention_ Services, Inc., Designee for National City Fire Department. Certificate Of Acknowledgement On August 12.2014 before me, Jessica A. Morgan, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execrated the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California That the foregoing paragraph is true and correct. WITNESS my hand JE$SICA A. MORGAN 4.1. COMM. #2022405 z Notary Public • California g Coen. 11 jes -. • . 28, 2017 (Seal) SUMMARY REPORT FOR APN 557-380-24-00 02/10/15 Initial inspection was made, property was found to be in violation. 02/ 11 / 15 Mailed 30 day courtesy notice to the owner. 03/16/15 Re -inspection was male, pi upeJ. i y was found to be in violation. 03/16/15 Posted property. 03/18/15 Mailed 10 day final notice to the owner, certified mail. 03/24/15 Received signed certified return receipt. 03/30/15 Final inspection was made, property was found to be in violation. 03/30/15 Verified ownership information with County of San Diego. 04/06/15 Work order authorization signed by District Official. 05/01/15 F.P.S.I. crews arrived to find property in compliance. 05/05/15 The owner was mailed an Administrative bill at the contracted rates. 05/22/15 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. V-3 CITY OF NATIONAL CITY FIRE DEPARTMENT [243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Georges Mario Parcel Number: 557 3802.4 00 Address: 2104 E 12'th'Si Die: 2/11/2015 National City, CA 91950 CO Luoxiiun of Public; Nuisdua;e: .2184E+ 12 h si National City 7195.E Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation. trash, debris and arundo. *All piles of dead Vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Dead bushes rb ht of driveway) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 2/11/2015. *'Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veaetatien For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from. thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED O)tLENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish of wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY TH15 NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties: National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or fords that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized rs normal by passers in the public service regularly engaged in preventing, suppressing or extinguishing fire of any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials AlI weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become; when dry; a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such, as to constituta are : the the public health.. E. Dry gurus, stubble, brush, liter, er ether CIarrm.,kle material which dangere Ibe public safety by creating a lure hazard in a Ye rim„ of `.hc City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition a iced, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement— Appeal-- Hearing Within ten (TO) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number:1-$66-779-3774 Si rated tienealguna pregunta, por favorllame al numero: 1-866-779-3774 Sa annmang katanungan, tumawag fang po sa numerong Ito:1,966-779-3774 Sincerely yours in public safety, **You have the light to appeal this matter to the City Council within ten (10) days of the: receipt of this notice: n.r/Aln 1 1t ten\ NATIONAL CITY FIRE DEPARTMENT Yee 'CALL- FIRE PREVENTION FOR RE -INSPECTION. 14664794774 http://ereprreedlon.net ARBRIRIFONMSLE FOR INAROASEIRO Haw ABATIumir OW A YEAR ROUND HAVE YOU THOROUGHLY READTH6 psrienterr INSTRUCTIONS, COMMON QUESTIONS AND ANSWERS '- Yes HAVEYOU CLEARED THIS PROPERTY swot THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEWERT7 HAVE YOU MADE • ARRANGEMIBITG TO ABATER% PROPERTY? No WOULD YOU LIKE THE CITY To Amu Tilt HAZARD FOR YOU? IP NOT.$ . .. ly1101 - . OWNER WILL BE CHARGED A $850.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION W111.-ABA'TE. THE OWNER WILL Ng SUED FoR ALL COSTS ----.. IF YOU DO NOT UNDERSTAND INSTRUCTIONS CAU. FIRE PREVENTION. 14664794774 htlp:/fikoptevertion.not CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1460-7794774 http://flrapreventlim.not CAU. FIRE PREVENTION ARRANOGNIENTS. 1466-7794774 httpg/SreprevontIon.not IF AMMONIUM ARE /AOC n, E82211:10 aAmmo HAMRA nut immonsmova PER MAY RR WAIVED. 333 E.16th Street: National City, CA : 919504596 CITY OF NATIONAL CITY SC RULE OF FEES 1, A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. 1c� l'p-arvel, sized a 1J,0G1 square 1UC4 UJ 0,Uuv square feei. D. per parcel, sized 30,001 square feet to one acre Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. f peration A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ • 00.10 '$•150.00 $150.00 4. Debris.Remediataox (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. 'dump fees (reimbursement of cost) 5. Administ ive Fee (failure to comply with final notice) A, per peel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 9 1nesee6anneoas Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee O. Unseheduled Labor per man hour H. unscheduled fees $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $..50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E.12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Georges Mario F Parcel Number: 557 380 "24 00 Address: 2104 E 12th St Date: 3/18/2015 National City, CA 91950 Location of Public Nuisance: 2104 E 12th St National City 91950 14^°4'uctior_s tnr kk ten a it: vieeee.cieer tine entire nrcrert.r �f nil deed r e ti rat d r. nd .. d An '1 fd .l ..�,..... weeds, . �"`..�: w track, wC',vrty .^. .'".. �w','"...,u. -�i ;vas :�. daze.. veaetation and debris must be removed 'from the property, (Please maintain any and all Grasses below 3 inches Year round) Dead bushes right of driveway) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 3/18/2015. "Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at ypeg expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors, Guidelines For The Abatement of Flammable Veaetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a" building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. Tti+ATENED OR ENDANGERED S?ECJS" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species cif fish o. wildlife have occurred car your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THLS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12..010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property-, or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premisesnot specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E, Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, arid/or and erudition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the sarne meaning es set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service oft the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be fled with the City Clerk. Lf you should have any questions, please feel free to call this number:1-866-779-3774 SI usted tienealguna pregunta, por favor dame al numeeo: 1-866-779-3774 Sa anumang hatannngan, tumawag lang po sa numerong Do: 1-866-779-3774 Sincerely yours in public safety, 41 **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or kttp://6reprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) " ***Fire Prevention Services, Inc. is under contract with the City of National City. 557 380 24 00 2104 E. 12th St Posted 3/16/2015 557 380 24 00 2104 E . 12th St Final 3/30/2015 ‘IR 557 380 24 00 2104 E. 12th St Posted 3/16/2015 60 557 380 24 00 2104 E. 12th St Final 3/30/2015 si 557 380 24 00 2104 E. 12th St Final 3/30/2015 61 557 380 24 00 2104 E. 12th St Final 3/30/2015 63 dams • NC --. CO,v7PLE7'E THIS .SEC7ION ON DELIVER Agerrt Acfdretisee p. delivery different froni. kern 17- N YES,.enter delivery address Wow. 3. SINVicG Type ,Certilod Men° Nark/Man F.xptes0 • 1;1 Registered Return Receiptler 'Merchandise 0Insured Mall 04.Collect ori Delivery Restricted OefiverY1 (Extra Fee) 104-4 26.30. DUO 2255 8044 Ppmestk Return RecelPt -U.S. Postal ServiceJ, CERTIFIED MAIL; RECEIPT (Domestic Mail Only; No Instir,arre Coverage Provided For delivery information, visit our website at www.usps.corti_. (*Wed Fee ROAM ROCertit Fee (iEndomerneftt Requited) N Cprnplete items 1, 2, arid 3. Alto cierpplete • item 4 if Restricted Delivery is &OW. Print yOur name and address on the !averse • so that we can return the card to you. • a Attach this caitt to t,he back of the maiiplece. orontbeirdnt if space permits. AnigieAddiessed to: , t • 557 380 24 0.0 i Georges Mario F j 2104 E 12th St • National City CA 91950 ,•:. 2. Aitiaie'..kiirebeii • • fnatnefeekim service label) 7013. NC PS Form 3811., J , tify 2013 • • KO • 19J ru C3 C3 _Reqtrtcled Delivery Fee meao(eemiepledred) •-10 7bIal — 557 380 24 00 •s-R • Georges Mario F C3 USW 2104 E 12th St arPO, CIN National City CA 91950 • CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. ; NATIONAL, CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 4399 Owner: Georges Mario F Address: 2104 E 12th St National City, CA 91950 Parcel #557 380 24 00 Job locaticon:2104 E 12th St National City 91950 Authorized b =•:r. 4 • ...1 WA 1(14 t A re S. MO : :: i ,..--- Date: '-if *- .--6 --,---rei WHEN SIGNED THIS DOCUMENT . i LO ' S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR TIDE PURPOSE OF FIRE VIOLAT ON /.PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: Tractor Mowing: sq. ft. Discing: cu. yds. sq. it. CREW INFORMATION Crew ]bate Type: Type: Type: Type: 57 Notes: Please clear the entire property of all weeds, dead vegetation. trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Dead bushes right of driveway) 06 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COMPLY WIT-1 LOCAL SUBDIVISION OR BUI`,QJNG ORD d NW, COR. OF Zia OF 5i.tr . $0 AC. ^�_t, . •. LOT2 ..I 5T. op.„,. CLSD. .41'9• i SAN DIEGO COUNTY ASSESSORS MAP BOOK SW PO 34 272 DETAIL"A" 1"= 2a 11 ot, `,(y 'V -ems y� IL o VV [' 66 z �i • - . ;o _ ` . �. �rrM• ate. dW* e / / s1 E. OF s0 AC. LOT 2 0‘'4O• 0.01 AC. 23/ Z SW COR. OF �A� Of E 1/2 OF t * 1 BCI AC. LOT 2 Z MAP 186 —RHO. DE LA NACPOR. CA SEC 129 ROS 8845,9406,17515 557-36 I' 100' 11119i2010 ACR C-IANG S BLK OLDINEY CUT 360 sz + 14 .re /4•4ss, 1101 I . �at.ti Lim c4 cc-14Wass z4 a i t 3a,1 15E0, I 2 X 35, deirq 81 Slii • • Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://f reprevention.net ADMJNISTRA I VE BILL 5/5/2015 Georges Mario F 2104E 12th St National City, CA 91950 Parcel # 557 380 24 00 Location: 2104E I2th St National City 91950 Dear Georges Mario F, Fire Prevention Services has been contracted by the City of National City to help reduce potential .fire violations thus improving the safety of its citizens. Your property was re -inspected on 3/30/2015 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 5/1/2015 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and plcasc include the File # 557 380 24 00 on the check. If you have any questions please call us direct at (866) 799-3774. Sincerely, 5� Fire Prevention Services, Inc. rev.05119/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel, sized 1 to 7,500 square feet $250.00 B, per parcel, sized 7,50i to 15,000 square feet $325.00 _ C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 F. per square foot over one acre $00.02 sq. A. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $0.10 se. ft. $150.00 $150.00 Debris Rnediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel cu.yds =_ $350.00 1 350.00 $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 H. unscheduled fees (reimbursement of cost) FILE # 4399 APN # 557-380-24-00 TOTAL $ 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:// fireprevcntion.n et Final Bill Georgvu 2104 E.12th St National City, CA 91950 Ref Parcel # 557 380 24 00 Dear Georges Mario F, This is a reminder of the letter we sent you on 5/5/2015 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 380 24 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire prevention Services, Inc. rev.05/19/06 SUMMARY REPORT FOR APN 558-023-07-00 02/10/15 Initial inspection was made, property was found to be in violation. 02/11/15 Mailed 30 day courtesy notice to the owner. 03/16/15 Re-inspectiun was wade, property was found to be in violation. 03/16/15 Posted property. 03/18/15 Mailed 10 day final notice to the owner, certified mail. 03/24/15 Received signed certified return receipt. 03/30/15 Final inspection was made, property was found to be in violation. 03/30/15 Verified ownership information with County of San Diego. 04/06/15 Work order authorization signed by District Official. 04/15/15 F.P.S.I. crews arrived to find the property in compliance. 04/16/15 The owner was mailed an Administrative bill at the contracted rates. 05/05/15 The owner was mailed a final bill. 05/22/15 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. I2th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Austin Edwin D Ii Tr Address: PO Box 120501 San Diego, CA 92112 Parcel Number: SS8 023 07 00 Date: 2/11/2015 Location of Public Nuisance: Pleasant Lin National City Instructions for Abatement: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles of dead teen and debris must be removed from the property. (Please maintain any and all grass= lieiuw 3 Ladies year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 2/11/2015. **Your failure to comply with this order will result in the City having your propaty cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 ad,..inistrative fee will be charged in addition to the cor'+.raator's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The_Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VhUEfAT1ON CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National Clio Municinal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Na&nai City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Muaicinat_ Code 1.36.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or persona! service of the required notice, the owner or person occupying or controlling such lot or.premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si uated tieneafguna pregunta, por favor llame al numero:1-866-779-3774 Sa ammmang katannngan, tumawag Lang pc sa numerong ito: 1466-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 eat. 311 or httpil/fireprevention.net The appeal shall be in writing and flied with the City Clerk. (N CMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** 43 y NATIONAL ATIONAL CITY FIRE DEPARTMENT* COMMON QUESTIONS AND ANSWERS • Yes No DO YOU UNDERSTAND THE Ila'RUG'InONS FOR Yes • • HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes OEAREMBWONEBLE FOR APING HAZARD A5ATEMENTONAYEAR ROUND' CAU. FIRE PREVENTION 1465 794774 httpalflreprevontion.net CALL FIRE PREVENTION FOft RESI'EOTION. 1460-7794174 6120MIromoverittottnet HAVE YOU THOROUGHLY REAO.THE A*ATEMENT INSTRUCTIONS If 11OTAISI ' IN TIME SPEC THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL CO8TS IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL. FIRE PREVENTION. 14864794774 htfp: nilon.n.t CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. h>mreprovirdl/ !FARROIGEWSWISARR MADE aux CITY Al4 7 I3NAZARD,THE ACOONTRATWE FESflAY HE WANED. 333 E.16th Street : National City, CA : 919504,596 6 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. 'Erector Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7;501 to 15,000 square feet $325.00 1 Y R' ,AA7 .0 �.� .t_ HA AAA r_ _� A. nw An C. per , 1, sized 1J,001 squat 1� VL to SU,UVV 4u LC L P.. ,$400.00 E . per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one ,ace $ 00.02 2. Hand Labor A. per square foot of area abated $ • 00.10 3. Dozer Cation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris.Remediation (includes chipping, grinding, and/or shredding) A, per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. AdminisiTinive Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings; etc,) A. Cost confirmations fee, per parcel $275.00 8. Miscellanegus Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10%a D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $. 50.00 H. unscheduled fees (reimbursement of cost) 405 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243.E. 12th St. : Suite A : NATIONAL C1Tx, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Austin Edwin D 1i Tr Parcel Number, 558 023 07 00 Address: PC Box 120501 Date: 3/18/2015 San Diego, CA 92112 Location of Public Nuisance: Pleasant La National City 1 a C A b t: 1pl .. I r ♦R entire r ern,, of all tvneile, r e:0 v.ene4ptie n ttwalh Belt finl,Rli AT1nuIn, . �i1 piles of de*d urb"rrw.�rvi,L, for L1VG�,A1VAlL. t a�uOw a.aWur w`. era: yr..r vegetation and debris must be removed from the property. (PIease maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, wr thihrn tee (10) days of 3/18/201S. **Your failure to comply with this order will result in you being charged the administra1ive fee and the City !laving your property cleaned by the City's contras tora2 veer expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 34-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. „NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS. YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National Citv Mgnicioal Code 9.12,010 Public Nuisance Declared -In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passegeways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Nadonal Citv Murder4al Code 9.12.020 Public Nuisance Declared -Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material thieh endanger the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. tri Cl witxrrici Code 1 10 lake 1'tiulsence at fin "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or perrni.ted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of proPerty in a neighborhnod, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement- Appeal- Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number:1-866-779-3774 Si usted tienealguna pregunta, por favor flame al numero: 1-866-779-3774 Sa anumang katanungan, tumawag lang po sa numerong ito: 1-866-779-3774 Sincerely your; in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or !clip://frreprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC I.36.050) '"*Fire Prevention Services, Inc. is under contract with the City ofNational City. Fire Prevention Services*** - rev. 03/27/06, 04/24/06, 0621/06 r- m t co iT • n1 ;?ymtege ! $ ci Gerttfted Fee Return Receipt Fee Rom, (EndoreementRequlred) neere.ribritialivetv Fee (Endorsement Rewired) •MI U.S. Postal Services ., CERTIFIED MAILLE,, RECEIPT (Domestic Mail Only; No lnsrrra59 Coverage,Provided) For delivefy information visit our website at-www:usps.coO:>>.... .A Temaf1J m N sent 'a 558 023 07 00 Austin Edwin D li Tr 1,a" PC Box 120501 San Diego CA SENDER: COMPLETE THIS S1=GT QN 1 ■ Complete fterne 1; 2, and 3. Also complete item 4 If Restricted Dellvety le de6ired. ■ . Print your name and address on the reverse so that we cart return tire: card to you. * Attach this card to the back of the mallplece,.: . or on the front if space permits: . ' 1. Article Addressed to: 55.023 07 00 Atisfin Edwin D ii Tr PO -Box 120501 San Diego CA 92112 NC ! ri � ..kr.•.6. . Article umber a' y3 2ix3Q...I3QQCf59 8i137 mansfer Prom ary l�;a :%e NC 92112 C.CMPLETE Z HlS SECTION. ON DEL1VERff 1 CrAdreeSsee f C. DatepiDc v&y tP YES,enter del 3. Service Type © Certifled MAP 0 Priority Mall Express'" 0 Registered . CI Return Recelpt.forMerchandise IZI rneured Mall . 0 Collect on. De1lverW 4. Restricted Delivery? Ore Fee) PR Form 3811, ,July 2013 ti ornestic Roturti Peceipt GYM tg 558 023 07 00 Pleasant Ln Right of 841 Pleasant Ln PrwsE ' 1 p E 1 5 Lei 558 023 07 00 Pleasant Ln Right of 841 Pleasant Ln P6rtn9 q/n!9fl1 g l�� c 0 1 CO Le mmot 1.0 CLOCt, f. „. W+ }ice►! .-T 558 023 07 00 Pleasant Ln Right of 841 Pleasant Ln c 0 a co 4-0 J j 0 0 LO 558 023 07 00 Pleasant Ln Right of 841 Pleasant Ln 73 558 023 07 00 Pleasant Ln Right of 841 Pleasant Ln Finn! a/ fl/9(11 7‘L. 558 023 07 00 Pleasant Ln Right of 841 Pleasant Ln PinA g/afl/9fl1 g 75 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 4401 Owner: Austin Edwin D Ii Tr Address: PC Box 120501 San Diego, CA 92112 Parcel #558 023 07 00 Job location:Pleasant Ln National City WHEN SIGNED THIS DOCUME , �. WS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR I Ht. PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: cu. yds. sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 414 SAN DEEGO COUNTY ASSESSOR'S MAP BODN 168 PAGE 07 Ow $m V7•'I 6 s-z0 rr . Foy a STREET +r®z S�; R &a? s 4.-47 — 36. • I 24iil IP an/ T) aw.v ti // F�, an 20,1E 1k.r4 4SEC �•„ �x ap- '! x < 7.22_ c)" 4 i W q IP , yyL 0.4 N +/. N STREET 3 3 NE:. COR LOT 3 MAP 96E7 MAP 1741 - ROTH TRACT MAP 1735 - TRUES DELL PLACE MAP'166 - RHO DE LA NACI0N '- POR RSEC 10(3 .11111 -oL. lir tiroOregal FTij 1�- ftilliWWI In MIMI ill MI MI INN Min Mil iMNi MIEN INN �i ��!• iiInn INiiili NUM MI=_E_ MIME MNI NMI iMi MIN Mil AIM iiuMI MAIN MINI �ii.i �-.- -ii■i iMIMIINN ri ioMil WIN MEMIN WI ir��ri Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 44S-6336 htta://fireorevention.net ADMINISTRATIVE BILL 4/16/2015 Austin Edwin D Ii Tr PO Box 120501 • San Diego, CA 92112 Parcel # 558 023 07 00 Location: Pleasant Ln National City Dear Austin Edwin D Ili Tr, Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 3/30/2015 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection wasperformed on the above referenced parcel, as of 4/15/2015 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by.. the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and please include the File # 558 023 07 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05119/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square fet C. per parcel, sw'ed a 5500iYfie feet to 30,000 3qfoot D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325:00 $400.00 $450.00 $00.02 quantity sub total sa. ft. $0.10 sq. ft. $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) cu.yds = Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 350.00 Attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. B. D. E. F. G. H. special insnection fee abatement lien Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor per man hour unscheduled fees FILE # 4401 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) APN # 558-023-07-00 TOTAL $ 350.00 Fire Prevention Services, Inc. P.O. Box 1720.: E1 Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 hutp://f.ireprevenxion,net Final Bill. 5/5/2015 Austin Edwin D Ii Tr PO Box 120501 San Diego, CA 92112 Ref: Parcel # 558 023 07 00 Dear Austin Edwin D Ii Tr, This is a reminder of the letter we sent you on 4/16/2015 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 023 07 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05;19/06 S' I SUMMARY REPORT FOR APN 558-320-21-00 11/10/14 Initial inspection was made, property was found to be in violation. 11/12/14 Mailed 30 day courtesy notice to the owner. 12/2/14 Courtesy uotZee was LeLU1.i.J.ed.. 12/03/14 Verified ownership information with County of San Diego. 12/15/14 Re -inspection was made, property was found to be in violation. 12/15/14 Posted property. 12/ 17/ 14 Mailed 10 day final notice to the owner, certified mail. 12/29/14 Final inspection was made, property was found to be in violation. 01/07/15 Work order authorization signed by District Official. 01/09/15 F.P.S.I. crews abated the property. 01/13/15 The owner was mailed a bill at the contracted rates. 01/13/15 A Notice of Abatement was filed on the property. 01/26/15 Bill returned. 02/03/15 The owner was mailed -a final bill. 02/17/15 Certified notice returned "refused". 05/22/15 The list of Fixed Charge Special Assessments [EDIT "A" 1 and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 21 CITY OF NATIONAL CITY FIRE DEPARTMENT 1.243 E. 12th St. Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner. Casillas Jose D Address: 1330 Oro Vista Rd#225 San Diego, CA 92154 Parcel Number: 558 320 2100 Date: 11/12/2014 Location of Public Nuisance; E chael Ave National City 91954 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation,' trash, debris and arundo. All piles of dead Vegetation en and debris mast be removed from the er'ctzertY, (F ease main .> rn any and all grasses blow 3 Lilacs ear- °osr d n You are hereby directed to -abate -the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 11/12/2014. #*Your failure to comply with this order will result in. the city hi ving your property aliened by the City's contractor at your expense (per National City M:uiicipai-Code •Chapter 1.36). A $350.00 administrative fee *ill be charged in addition to the ontractdfs -fee to clean the. property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veaetation For the protection of life and property, remove all brush,flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from - such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass .and other vegetation More than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed -of properly; Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY -BOTH AGENCIESAND THE NATIONAL CITY FIRE DEPARTMENT 1N Wki'1TN(r AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE-PROOfURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRE411 D BY -THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National Citv Municipal Code 9.12.010 Public Nuisance Declared—ln General Any of the following conditions are hereby declared to constitute a public nuisance; A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or -dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which. are so situated as to endanger life or property; or finds obstructions -to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the.fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire_ separation.waU.is reduced; or findsthat. any provision of the Uniform Fire Code is being violated. B. When the Fire Chief orhis/her, designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or.any appurtenance thereto, or anything regulated under a nationally recognized standard: in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fine. National City Municipal Code 9.12.020 Fpjgiie Nutsanea Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposesof this chapter,°weeds' shall include the following: A. Weeds_ which bear seeds of a, downy or wingy nature. - B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to becomes when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the publie'health. ' E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36,010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and eondition caused, maintained .er permitted to exist Which Constitutes a, threat to the public's health, safety and welfare "or which significantly obstructs, injures or interferes with the reasonable of free use of property. in a neighborhood, community or to any considerable number of persons. Apublie nuisance also bas.the same meaning as set forth iq California Civil Code Section 3479. National City Municipal Code 136.060 Abatement— Appeal— hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or•person occupying or -controlling such lot. or premises affected may appeal to the City Council. Such appeal shall:be in writing and shall be filed with the City Clerk. - - - • . If you should have any questions, please feel tree to call this number: 1-866-779-3774 Si-asted tienealguna pregunta, por favor ]lame al numeeo:1-866-779-3774. 8 3 Sa anumang katanungan, tumawag long po sa nuuxerong Ito: 1-S66-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-86o-779-3774 ext, 311 or htepJ/fireprevention.net The appeal shall be in writing and riled with the City Clerk. (NCMC 1.36.050) ***Five Prevention Services, Inc; is under contract with the City o€National City. Fire Prevention Services*** •. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS .ANDANSWERS „RE.. . C... 1 � THE ��� OWNER OF THIS PROPERTY? . Yes et6 Ve/E te.a� CLEWED THU I PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE OMMUCTIONS ? FOR ARNTEMENT (� Kir auxito. WITIIN TIME SPECIFIED THE MIER WILL ME CKARGEO A $350.00 ADMINISTRATIVE FEE. PLUS ME PREVENTION WILL ABATE THE OWNER -WILL BE MILLED FOR ALL cOS/S CALL FIRE PREVENTION .1.860.7794774 hsp: NSetprevenb 9nm CALL FIRE .' 4REMTI 7�&a FOR 1466.176 4774 htlp:illirepieveniionmet 'R0 MIEN ARRNIEFONNINJEF NAIMUNINO WARD AeATENINTONAyaw ROUND• HAVE YOU THOROUGHLY !MAD THE ASATEMENT Y mairRuctioNS IF YOU Do NOT UNDERSTAND INSTRUCTIONS t AU FIRE PREVENTION. 1-866.77943714 http l sprevenuon.net CALL FIRE -PREVENTION FOR ARRARIGEMENTC 1.866 479 3774 http/lfespreventfon.net i ARRAM ME MADD MSS TO !ATV AMMO NAZAR%NM ATRATWE FEE MAY REtlRfAd=E.=. 333 E. 16h Sit : National City, CA : 919504596 CITY OF NATIONAL CITY SCHEDULE OF FEES _Tr,M4wi g A. per pie?, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per pm-c,e11, sip 15,001 square lei to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $•00.10 $150.00 $150.00 4. Debris-ltemediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessp pnt Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 Q Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50;00 C. interest on Tien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $.50.00 H. unscheduled fees (reimbursement of cost) q.c CITYOF NATIONAL CITY FIRE DEPARTMENT 1243 E,12th St. Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE. Owner: Casilias Jose D Address: 1330 Oro Vista Rd #225 San Diego, CA 92154 Parcel Number: 558: 320 2100 Date: 12/17/2014 Location of Public Nuisance: Rachael Ave National City 91950 . - otiuo:lioir;; for Auateriitiit: Pleas'e.i.ieat Lite Ciiut'e Oruiiert ' of all -weeds dead VCgetatlon crash, debris anti arllncio, Ali piles of dead . vegetation and debris must be removed from the Aroterty. (Please maintain .any and all grasses below 3 inches year round) - You are hereby directed.to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 12/17/2014. **Your failure to eompiy with this order will result in you being charged the administrative f e and the City having your property cleaned by the City's Contractor at your expense (per National City.Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per ,Resolution - number 94-97). Violations are also. subject to prosecution as misdemeanors. Guidelines 1{or lb Abatement of Flatomable Vegetation For the protection of life and property, remove all brush, flammable vegetation; or combustible growth which is located from thirty (30) feet to one hundred (I00) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the mairrtenanoe of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. • "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare; threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOT!'Y BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEASTJTEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF. THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY Al TP:RNATrvF, PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN. PROCEED TO CLEAR VEGETATION AS DIRECTED BY 7NIS NOTICE, Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties, National City Municipal Code 9.12.010 Public Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, atticseparation or any fire separation wall is 'reduced; or finds • that any provision of the Uniform Fire Code is being violated. B. Whcn the Fire Chief or his/her designee deems any chimney; smokestack,. stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure.or premisesnot specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard C_ When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause.an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which may obstruct; delay,. hinder orinterfere with the operations of the fire department or the egress of occupants in the event of fire. • National C€te Munlelnal Code 9.12.020 Public Nuisanee)eelared--Weeds and Other Flammable Materiaji All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" .shalLinclude the following: . • A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry; a fire menace to adjacent improved property: • C. Weeds which are otherwise noxious or dangerous. D. Poison -oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, liner, .or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Op Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section.of this code, and/or and condition caused, maintained or permitted -to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property; in a neighborhood, community or to any considerable number of persons: A public nuisance also has the Barrie meaning as set forth in Caliifomia Civil Cede Section 3479. National City Municipal Code 1:36.060 Abatement— Appeal --Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling suck lot or premises affected may appeal to the City Council, Such appeal shall be in writing and shall be filedwith the City Clerk If you should have any gnestdnns, please feel free to call this number: 1466-.779-37'74. Si usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 • • iVe• Saanumang katanungan, tumawag tang po sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receiptof this notice. 1-866-779-3774 ext. 311 or http://fireprevention.net •The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City ofNational City. Fire Prevention Services*** rev. 03/27/06, 04/24/06, 06/21/06 NATION At CITY FIRE DEPT. 1243 National City Blvd National City, CA 91950-4596 Owner: Casillas iosen Address: 1330 Oro Vista Rd #225 San Diego, CA 92154 IMPUKTANr 12 NOV 2014 Pit1;8: HAZARD ABATNIENT NOTICE Parcel Number: 55 Date: 11/12/ NIXIE Location of Public Nuisance: Rachael Ave National City 91950 rnorootions for Abatement: Please_ele,ar the entire property of al *3129§941351,35=7; RETURN TO SCNDER NOT DELIVERABLE AS ADDRESSED UNABLE TO 'FORWARD :91.9.104sszas •.*2084-119142-12-34 id041141POWF"4101411111111111"014"111 918 7E 1009 BOI1/2.,S/1-4 DUD 2259 7863 Fri 1J ru m. US. Postal Service,' CERTIFIED fAIL RECEIPT 1Vomostic Mal On No insurance Cov;wage Pr{rJeJ) 0 Y Postage Certified Fee (6,167taffillnetiroRr Pee Restricted Detively Fee Modorsament Requited) 58 .go. 21 0.0: CasuIIaJose: OroNistt Rd #225 D P.6)1Did§o C; $3.30 $2,70 Sem 4.49 1. 0 CA 20 .NC. 92154 .._.:...-._ NATIONAL CITY FIRE DEPT. Naiional City, CA 91950-4596 1243 National City Blvd .....—_____...._,....„ l.3! \3\13101\t\011!! ' 14 . —'1111143° : 1 III1 :_,..a.Viltilli-v ------- ..TTI(-Art _....1 • FEB 1 7 Z015 , '7: Y OF NAONAL F .i.:' Casinms Jose 13 , ,...,,.. ' . 5.58:320. dcltoss: 1330 Oita VisptRa.#225 • 1/4,.: • s. ,,,..„.. , , - : • • • : San Diegd, CA 92154 - , \-,------,7 cation of Publie Ntii$arIM; Rachael Ave National City 9:, tatknaig7.0740 — jilpiilti+),110.1iisOhliniliblqiiiiiiiiivItillitilior *.otLfor,Abaj..ement:. P se lea h ea all liee4114$1 _ • • . ) U.S. Pl3STAGE. PAID EL CAJON Ca 92024 DEcj714 400Juu= .7 Fire Prevention Services •R O. Box 1720 Et Cajon, CA 92022-1720 2/3/2015 Casillas -Tose D 1330 Oro Vista Rd #225 San Diego, CA 92154 d on SAN - . • • . . ta FEB. -20$ 11.1 440( gA-Aliters :41141 RETURN.TO senosR lISUPTXCIEMT ADDRESS .4AAAin.t 1,0 F•ORMARD . sc! .9z9.2.21.42.94.1e 110'4114:040411#011111"41.1410 ti• Fire Prevention Service P. O. Box 1720 El Cajon, CA 92022-1720 oo 1/13/2.015 Castilla Jose D 1330 Oro Vista Rd #225 San Diego, CA 92154 : . • A I 1 SPAIDMEGOICANOD ans. Vigi 9 X. : - 4491ii 11ve4 TO-sesteit peLmveRAsta As.Aormssto -41C1'S2421M7.2MZ8 -*211:0407:Ciii1-;1:3-4.414 -IMPittilifitit#413414 AMAIW4441114t 411 558 320 21 00 Rachael Ave Right of 2120 Rachael Ave Pnis.thati 1911cm-id NOTICE T ABATE PUBLic NUISANc etw 0)6 558 320 21 00 Rachael Ave Right of 2120 Rachael Ave a:l i') / 0 / :i 4. ‘44- ql 558 320 21 00 Rachael Ave Right of 2120 Rachael Ave 17/9Q/9111A LLIPM. AL/ ..111Cr g- or / 5581320 21 00 Rachael Ave Right of 2120 Rachael Ave D III `il e) nY 1f',.+9. N l- ._ .. e ^ i 1 0 I i r....1,0+ M } �, M d t i l e} I r r I P# N it 4''+Ir1l1p,��!1.1 fe�7�ll/rtr^'iy,r t• i I'. N ?�r• ,,R f 1 N {.:! Ir f•. 1 PN I' 0 1 y r• �''''f.,i�rl ' piP6 iiii .ems ` 4.7. 1I�f 6 jR R�"m e 3ilk ■ �13 558 320 21 00 Rachael Ave Right of 2120 Rachael Ave rFn : 11212gi7na4 558 320 21 00 Rachael Ave Right of 2120 Rachael Ave q5 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Ovater: Casillas Jose D Address: 1330 Oro Vista Rd #225 San Diego, CA 92154 Parcel #558 329 21 00 Authorized b : Authorization # 4340 Job location:Rachael Ave National City 91950 VOA Date: WHEN SIGNED THIS DOCUMENT T o WS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE 'VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVA_L. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: q.fL Removal: eu. yds.. Tractor Mowing: sq.: Discing: sq. ft. Crew. Type: Type: ype: Type: CREW lleOktiVIATION Date ovi Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and • do. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round). 06 SMAstienseOUNlY BOOK 358 PATE 32 r!iLY z 1, aani ST SIB �y3. 47 . 3 V ! , la 88120223 mass 0 t 4 350 aez.6,5 387 W.. 4 1l-Z.4' 386 .1. QE 358�V. 0504 Est as... • $ '-1. y • 18 35 f 0 zoos- 26,10 384 •0 4'4' zt4. RA1 1~ Ir 1 PAR. 2 7174 PM0553 .iiil • PM17321 JI.+.w e an PM 6553$ -' tt ._ ,pg PM47821 m Z2 . a' 3r: sr 558-32 eiizco7 AJR 347 13'7 4348 312! 3478 33 713 7 OB 1633 48-51 TB .1559 1 MAP..1748 LINCOLN ACRES ANNEX N0 Hand. RI, Ft,: Work space for diagrams and amount of work done Tractor Sq. Ft.: Dump ticket: _.,�..,. C� • Dump Charge: ?s, CAKr- 613rn P.6 .('.0(20 51411-ti CA14,r64");,ci 5100 51 A" 0.9 "1-0 cA) isp&;19L'Itt g- Racfreal Avq_ rvtai a a • ek cakr is vs, vt._ .weassm.m.....•••...ms•••.••••••••••• g•ornnmrwv•an Total Removal Cu, Yds,: c-a= Or°. . - It .,, : i 1 ,'i t p _ ` - - * I y, I 116It M I '{ r I , ( y., M tl .1. ' ..isl, is, . �I .. a - sY �' .. I � a �'+ — � ''i 4, m. , p! a ,+I � 6 i. 1 14-... i ' N F J t F, . j 1 1. + r * y y i• 4 kt i ys".b 4P dire Prevention Services, Inc. P.O. Box 1720 : EI Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:// prventionmet 1/13/2015 • Casillas Jose D 1330 Oro Vista Rd #225 San Diego, CA 92154 Parcel # 558 320 21 00 location: Rachael Ave National City 91950 Dear Casillas Jose D This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,650.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 320 21 00 orthe eh ;ate If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 fey NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7;501 to 15,000 sure feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 F. per square foot over one acre $00.02 sq. it. quantity sub total Hand U hrnr A. per square foot of area abated $0.10 13,000 sq. ft. 1 300.00 Dozer Operation ` ;,A A. hourly rate $150.00 B, move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien ^. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 4340 APN # 558-320-21-00 $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 1,650.00 cu.yds = !�4 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fiK epre ventiion.riet Final Bill 2/3/2015 Casillas Jose D 1330 Oro Vista Rd #225 San Diego, CA 92154 Ref Parcel # 558 320 21 00 Dear Casillas Jose D, This is a reminder of the letter we sent you on 1/13/2015 and we have not received payment in the amount of $1,650.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and Local law, costs for such action will be added to your total amount. Please tender a check to us immediately' to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 320 21 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, inc. rev.05/l 9/06 let RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (6.19) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC# 2015-0016787 Jan 14, 2015 02:02 PM OFFICIAL RECORDS Ernest J. Dronenbure, Jr., SAN DIEGO COUNTY' RECORDER FEES: $0.00 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 1/7/2015, and WHEREAS representatives of the National. City Fire Department abated the violation(s) on 1/9/2015, and WHEREAS the charge for such abatement amounted to $1,720.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Gasifies Jose D at 1330 Oro Vista Rd #225, San Diego, CA 92154 described as follows: AFN # 558 320 21 00 ADDRESS: Rachael Ave National City 91950 LEGAL DESCRIPTION: Lot 382 Tr 1748 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessmenton the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,720.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED:ioru (3,20e State of California County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement A notary public or other offloer completing this certificate verifies only the identity of this individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity . of that document. On January 13. 2015 before me, Jessica A. iviorgan, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify. under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ) SS. WITNESS my hand and official seal. A. COMM. 02022405 ably Palle Caliente 3 (Seal) Olaza Mpg SUMMARY REPORT FOR APN 558-320-22-00 11 / 10/14 initial inspection was made, property was found to be in violation. 11/12/14 Mailed 30 day courtesy notice to the owner. 12/2/14 Notice returned. T2/03/14 Verified ownership information with County of San Diego. 12/15/14 Re -inspection was made, property was found to be in violation. 12/15/14 Posted property. 12/17/14 Mailed 10 day final notice to the owner, certified mail. 12/29/14Final .inspection was made, prope•ty was found to be in violation. 01/07/15 Work order authorization signed by District Official. 01/08/15 F.P.S.I. crews abated the property. 01/13/15 The owner was mailed a bill at the contracted rates. 02/02/15 Certified notice returned "unclaimed". 02/03/15 The owner was mailed a final bill. 01/13/15 A Notice of Abatement was filed on the property. 05/22/15 The list of Fixed Charge Special Assessments [EDIT "Awl and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF :NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA...91950=459b NOTICE TO ABATE PUBLIC NUISANCE Owner: Casillas Jose D Address: 1330 Oro Vista Rd 4225 San Diego, CA 92154 Parcel Number: 558 320 22 00 Date: 11/12/2014 Location of Public Nuisance: 2112 Rachaei Ave National City 91950 Instructions for Abatement Please clear the entire property of allweeds, head vegetation. trash, debris and arundo. All piles of dead vr.gleiai.iora antis ticatris muse, ise fimativteal from the mrnnerty., t-irtdge a ainttsii.arty and all l*rasses. below 3 inches year round) You are hereby directed to•abate the public nuisance describedabovs, of which you are the occupant or owner, within thirty (30) days of 11/12/2914. **Your failure to comply with this order will result in the City having your property cleared by the City's contractor at fur expense per National City Muiicipal.Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per .Resolution number 94497). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or cnmlwstiblc growth which is located from thhty (30) feet to one hundred (100) feet from such a building or structure.: or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than, thirty (30) from such building or structure. Cuttings are to be removed from the •property and disposed•of properly. Vegetation is .to be cut within two (2) inches of the ground, "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you_ have previously received a notice from the California Department of Fish and Game or the 0.S.-Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BATH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, 11 THESE AGENCIES 1 AL., TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY ThI S •NOTICE. Failure to:provide notification to these agencies may render you liable under Federal or State Law to. penalties: national City Municipal Code 9.i2.010 Public Nuisance Declared --In General Any offthe following conditions are hereby declared to constitute a,public nuisance: .. A. When the Fire Chief or •his/her.designee determines that there exists in any building or on any premises combustible, hazardous.or explosive materials or dangerous accumulations of nebbish; or unnecessary aceumulations of wastepaper, boxes, shavings, or any highly flammable inaterials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows.that reasonably tend to interfere with the operations of the fire department orthe egress of the occupants of such building of premises; orfinds that the effectiveness of any exit door,. attic separation or any fire separation wall is ieduCed, or •finds. that any . . provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator; furnace or other heating device,•eleetnc firtune or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or prenuses not specifically mentioned in the Unifomt Fire Code, to be defective or unsafe so as to create a hazard. . C. When the Fire Chief. or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a; greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing Or extinguishing. fire or any, thing or:act which may obstruct,, delay, hinder or interfere with the operations of the lire department or the egress of occupants in the event of fire: . PTet en)E City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, •:'weede" shallimciude the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved proPerty. C. D. E. Weeds which are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hszar0 in a portion of the City which has been zoned for single and multiple residence purposes. • National Citv Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of thiscode,' and/or and condition caused..maintained or permitted to artist which constitutes a lineal .to.the public's health, safety and welfare or Which Significantly obstructs, injures or interferes with the reasonable of tree use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section.3479, National City Municipal Code 1.36.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, :nailing or personal service of the regs:;rcd roux, the owner or person oceupying orcontrolling such lot or premises affected may appeal to the City Council, Such appeal shallbe in writing and shall be filed with the City Clerk. Ityou should have any questions, please feel free to call this number:1-866-779-3774 Si listed tienealguna pregunta, per favor flame al numero: 1-866-779-3774 Sa anumang katapungan, tanrawag lung po sa numerong Ito;14166-779�774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days ofthe receipt of this notice. 14866-779-3774 ext. 311 or http://fireprevention.net The appeal shall be M writing and filed with the City Clerk (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** NATIONAL CITY •E DEPARTMENT' COMMON QUESTIONS • ANSWERS I ear., YOU THE .,N'I' PROPERR'TY?I8 • Yes Nu ANSPONSIBLE FOR *ANT'ANrNo WORD AFATIONENTON A MAR ROUND - CALL FIRE PREVENTION ' 17794774 httplifiropmer eemnet CALL FIRE. PREVENTION FOR RE -INSPECTION. N. 14W84794774 httpailireprsysnIlonmet DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR Na READ.THE AEATtIMENT ABATEMENT? • INSTRUCTIONS; Yes PIADE HAVE TO ABATE THE PROPERTY? Y? No VWOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? TIME SPECIFIED THE OWNER WILL 13E CHIME:" A $360.00 ADMINISTRATIVE FIE. PLUS FIRE INVENTION WIL AEAT'E. THE OWNER.WILL BE BILLED FOR ALL COSTS Yee IF YOU D0 NOT UNDERSTAND INSTRUCTIONS CALL FIRE . PREVENTION. 1-1168479-3774 NftwifilteigeN.entfen.fiM CALL FIRE PREVENTION FOR ARRANGEMENTS. 1.0 7T 1778�� 4 httpgifirepresentIon.nst i I IF ENTBARE pane CITY AMINO HAZARD, Int AO$1NB$TRATNE FEE MAY BE WANED. 333 E. 16th S : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE .OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. C. D. E. per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre Per square fit over one acre ?_ band Labor A. per square foot of area abated 3. Dom Operation, A. hourly rate B. move -on fee $250.00 .$325.00 $400.00 $450.00 $ 00.02 $ • 00.10 .$150.00 $150.00 4. Pebris.Remediatign (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5, Admipisir ve Fed (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings; etc.) A. Cost confirmations fee, per parcel 8o kk: ° ma A. B. C. E. F. G. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50,00 10% $ 50.00 20.00 $ 50.00 $...50.00 (reimbursement of cost) 1 IZ CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. Suite A : NATIONAL CITY, CA. 91950-4596 FINAL :NOTICE TO ABATE PUBLIC NUISANCE. Owner. Casillas Jose D Address: 1330 Oro Vista Rd #225 San Diego, CA 92154. Parcel Number: 558 320 22 00 Date: 12/17/2014 Location of PubljcNuisance: 2112 Rachael the National City 91950 iasuuctioiis for Abatement: Pease clear the et -Aire lirolierty" of ail weeds, dead vegetation, ttitsla,debris gtnli: arundo. All oiler•of•uead Vegetation and debris i iustt be removed froth the property, (Please urainiitin any. and ailur-ram beiow 3 ineieets .vtar.rouuti)'• You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten 410) days of 12/17/2014. *Your . failure to comply with this order will result in you being charged the administrative fee and the City having your property cleantxi by ilte City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350:00 administrative fee will be charged in addition to the contracto's fees to clean the property (per Resolution number 94-97). Violations are also, subject to prosecution as misdemeanors.. . Guidelines For The Abatement of Flammable Vewrtatlon. .• For the protection of life and property, reprove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one Hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and 'other vegetation more. than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly: Vegetation is to be cut Within two (2) inches of the ground. . "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES If you have previously received a notice from the California Department of Fish and Game or the U:S. Fish and Wildlife Services that rare; threatened or endangered species of Rah or wildlife bave occurred on. yonr property in the areas identified for feel break clearance, YOU MUST NOTIFY BOTH( AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST .TEN (10) DAYS. PRIOR TO BEGINNING VEGETATION CLEARING. IF. THESE AGENCIES FAIT. TO. :OBJECT OR NOTIFY YOU OF -ANY ALTERNATIVE PR.00RA11RFS WITHIN THOSE TFN GoDAYS, YOU MAYTHEN PROCEED TO CLEAR VEGETATION AS DIKBCTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Publie Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials, or dangerous accumulations of rubbish; or uaneeessary accumulations of wastepaper, boxes, shavings, or any highly flanunable materials which are so: situated as to endanger life or property; or finds obstructions to or on. fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations'of the fire department or the egress of the occupants. of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; 'Or Ends that any provision of the Uniform Fire -Code is being violated. f . . . B. When the Fire Chieor his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture Or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or; premises.not specifically Mentioned in -the Uniform Fire Code, to be. defective or unsafe so as to create a hazard C, ' When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. • National City Municipal Cede 9.12.020 Publle Nuisance Declared —Weeds and Other Flammable MMteriitll All weeds, growing or located upon streets, sidewalks or private p,ope:ty are hereby declared to be a public nuisance....or the purposes of this chapter, "Weedds shail.include the following` A. Weeds which bear seeds of a downy or wingy nature. B. - Sagebrush, chaparral, and any -other brush or weeds which attain inch -large growth as to become, when dry, a fire inenace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry, grass, stubble, brush, litter, or other. flammable material which endangers the7public safety ;y creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. . • National City Municinal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused; maintained Or perrnitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the. reasonable of free use of. property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the.same meaning as set forth in California Civil Coda Section 3479. • National City Municipal Code 13 .060 Abatement-- Anneal- Hearing .. . Within ten (10) days from the date of posting; mailing or personal service of the required notice, the owner or person.occupying or controlling Sheri lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si listed tienealguna pregunta, per favor Ilame al numeeo: 1-866-779-3774 Sa anumeng katanungan, tumawag lang po sa numerong Ito: 1-866-779-3774 Sincerely yours in public safety, notice. 1-866-779 3774 ext. 311 or http://Ireprevention.net Fire Prevention Services*** rev. 03/27/06, 04/24/06, 06/21/06 **Yon have theright to appeal this matter to the City Council within ten (10) days of the receipt of this The appeal shall be in writing and flied With the City Cleric.; (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. 558 320 22 00 2112 Rachae! Ave Left of 2018-2020 Rachael Ave qi9C11 I Pi 558 320 22 00 2112 Rachael Ave Left of 2018-2020 Rachael Ave 1pon& = ?mO9fii,1 t6 558 320 22 00 2112 Rachael Ave Left of 2018-2020 Rachael Ave Pnqfori + NOTICE TO ABATE PUBLIC NUISANCE Atak._ NOTICE T ��4 558 320 22 00 2112 Rachael Ave Left of 2018-2020 Rachael Ave 19/9Q/ Q 4 1�1 558 320 22 00 2112 Rachael Ave Left of 2018-2020 Rachael Ave irrtcd.12124144 '2OI4 114 558 320 22 00 2112 Rachael Ave Left of 2018-2020 Rachael Ave Finni 1_2/29/2014 11 5583202200 2112 Rachael Ave Left of 2018-2020 Rachael Ave Final 1717Q17fl1,A Jo :CITY OFNATIONALCITYFIRE DEPARTME:N.T. 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 4341 Owner: Casillas Jose D Address: 1330 Oro Vista Rd #225 San niego, rA 92154 Parcel 4558 320 22 00 Job location:2112 Rachael Ave National City 91950 Authoriz Si ti • ... - irommitkpli.: v, , --..„,_T Date: . ......,--- WHEN SIGNED TIES DOCUMENT ALLO ' GUT OF PASSAGE ONTO PRIVATE; PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. • METHOD OF CLEARING Entire Parcel Fire Break }land Cutting: \ )00Dsq. ft. Removal: cu. yds. Tractor Mo-wing: sq. ft. Discing: �.sq. ft. Type:. Type: Type: . Crew Type: CREW INFORMATION Date 12-1 Notes: Please clear the entire property of all weeds, dead vegetation, trash. debris and artmdo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 0 a IA r COUNTY ASSESSOR'S NAP BOON. 558 PAGE 22 tom P-.'1 POR 5 350 IZofS A 351 ▪ 7• 0 __O 353 U454 V 0 355 lrs. Zlt3 zif 1b.. / .26 ass 7101 u' 3:57 358 ST 387 3726 { 386 rg Zit/ zath 384 0 �'f� of 311 4 ' ` 3 PL117�821. 1n r ID Z ii5 <asp 5159 Is rfr, C1,ARRrE7��R71Ei�n�•.4 4 YYlC A>� CAME kN Np7 CgLILY 1H AML OR zri _ an. ,k 71;sstiafgri,sa ��9.ie � roe.9e PM 8553 �a��d " 7J �eL w r PA 2 O 37 PM assn.4 Tl�r I PAR 2 o 'Z.P��p999 Za " Oa. INN m Z2_e7 5 ipsPMl7=11 II 33 1 10 ALaElklARLE ST CUmBeigetAND 87 MAP 1746 — LINCOLN ACRES ANNEX NO 2 Hand sq. Ft.: Dump ticket: Work space for diagrams and amount of_work done Tractor Sq. Ft.: 6L Total Removal Cu, Yds.: Dump Charge: x 2 - 0 13 O00 S91 • 0 IX/1° czsi �r,LHGr� rC 4• i I Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:!/firepr+evention.net 1/13/2015 Casillas pose D 1330 Oro Vista Rd #225 San Diego, CA 92154 Parcel # 558 320 22 00 Location: 2112 Rachael Ave National City 91950 Dear Casillas Jose D, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,650.00. You will incur no further costs if this amount is paid within. fifteen (15) days of the date of this notice. Failure to pay this bill may result in the fling of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 320 22 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 130 NATIONAL CITY SCHEDULE OF FEES TractorMowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. quantity .sub total Hand Labor A. per square foot of area abated $0.10 Dozer Operation A. hourly rate B. move -on fee $150.00 $150.00 13.000 sq. ft. 1.300.00, Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X cu.yds'= B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 Attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 4341 APN # 558-320-22-00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 1.650.00 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://firepreventien.net Final Bill 2/3/2015 Casilas Jose D 1330 Oro Vista Rd #225 San Diego, CA 92154 Ref: Parcel # 558 320 22 00 Dear Casillas Jose D, ,) 17 This is a reminder of the letter we sent you on 1/13/2015 and we have not received payment in the amount of $1,650.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 320 22 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev:05/19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC# 2015-0016788 IIIiII II1I IfII I1111111111IDII illII Ill1I ICI1hI11UI IIII IIll Jan 14, 2015 02:02 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr,, SAP DIEGO COUNTY RECORDER FEES: $0.00 NOTICE OF ABATEMENT TRE CURRENT OVER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on I/7/2015, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 1/8/2015, and WHEREAS the charge for such abatement amounted to $1,720.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid The current owner of the property is Casillas.Jose D at 1330 Oro Vista Rd #225, San Diego, CA 92154 described as follows: APN#5583202200 ADDRESS: 2112 Rachael Ave National City 91950 LEGAL DESCRIPTION: Lot 383 Tr 1748 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,720.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. f� Ep° .12Y:wary, 13, 2015 State of California County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On January 13, 2015 before me, Jessica A. Morgan, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and.. ciaiowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. ) ) SS. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. WITNESS my hand an.,.ocis] seal IOWAk *A F COMM. *202240E Matta'� wows g itsonvn.Eitas Iy1i 2017t 5 (Seal) SUMMARY REPORT FOR APN 564-010-55-00 07/25/14 Initial inspection was made, property was found to be in violation. 07/28/1.4 Mailed 30 day courtesy notice to the owner. 08/28/14 Re -inspection was made, property was found to be in violation. 08/28/14 Posted property. 09/03/14 Mailed 10 day final notice to the owner, certified mail. 09/15/14 Final inspection was made, property was found to be in violation, 09/23/14 Verified ownership information with County of San Diego. 10/02/14 Work order authorization signed by District Official. 10/08/14 Certified notice returned "unclaimed". 10/21/14 F.P.S.I. crews abated the property. 10/28/14 The owner was mailed a bill at the contracted rates. 10/28/14 A Notice of Abatement was filed on the property. 11/17/14 The owner was mailed a final bill. 05/22/15 The list of Fixed Charge Special Assessments [EiBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by „means of Regular Mail, Certified Mail and Posting upon the property, CITY OF NATIONAL CITY SCHEDULE OF FEES adatalgoatig A. per parcel, sized 1 to 7,500 square feet B. per pates, sized 7,501 to 15,000 square feet C. per parcel, sip' 15,001 square feet to 30,000 square feet D. per paw-, 1, sized 30,001 square feet to one acre E. ?cr 2 e foot over one acre 2. Hand LaQZ A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $40000 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. J7ebris.Rernediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per pares $350.00 6. AttoP1935SerYis A. per parcel, per hour $200.00 7. figment Fees (includes preparing reports, attending hearings; etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50,00 C. Interest on lice (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled for per man hour $.50.Q0 H. unscheduled fees (reimbursement of cost) 35 CITY OF NATIONAL CITY FIRE "DEPARTMENT . 1243 E. 12th St. Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Ruvaleaba Carl_os;Lilian Address: 5941 Alleghany St. San Diego, CA 92139 Date: 9/3/2014 Parcel Number: 564 010 55.00 4-*$SiA. is !a Location of Public Nuisance: Fenton PI National City. 91950 instruction for Abatement: Please clear lire entire property of all weeds., dead vegetation, trash, debris and arw ado. All piles of dead -.vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you ars.the occupant or owner, within -ten (10) days of 9/3/2014_ •*Yoirr failure to comply with.this order will result in .you being charged the administrative-feeand the City having your property cleaned by the City's contractor at ;your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative"fee will be charged in addition to the contractors fees• to clean the property (per Resolution number 94-97). Violations are also subject io prosecution as misdemeanors.: • Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (1.00) •feet from such a building or structure or to the property -line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty .(30) from such building or structure. Cuttings are to be removed from the property and disposed of properly:. Vegetation is to he cut.within two(2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" if you have previously received a notice front the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND TIC NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU 1, OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCE$D. TO,CL EAR VEGETATION AS DIRF,CTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable wider Federal or State Law to penalties. National Citv Municinal Code 9.12,010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations. of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire deparimieut or the egress of the occupants. of shah building of•premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or funds" that any provision of the Uniform Fire Code is being violated. • B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct; delay, hinder or interfere with the operations of the fire departrnent or the egress of occupants in the event of fire. . . • National City lkZunicioal Sode 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials • . All weeds, growing or. located upon streets, sidewalks or private property are hereby declared to he a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A Weeds which bear seeds of a downy or wingy nature. B. .Sagebrush, chaparral, and any other brush or weeds which attain such large growth ssto become, when dry, a fire menace to adjacent improved property: " C. Weeds which are otherwise noxious or dangerous. D. Poison .oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other Lammailie material which endangers the public safety by creating a fire hazard in a portion, of the City which •has been zoned for single and multiple residence purposes. • National City.Munieival Code 136.010 Public Nuisance Defined • "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused; maintained, or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood; cr>mmnnity'or to any considerable number of persons. A public nuisance alsohas the same meaning as set forth in California Civil Code Section 3479. National Clio Pduiucousi Cude 135.060 Abatement— Ararat —/tearing • Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or perion occupying Or controlling such lot or premise,s efeeted may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number:1.866-779-3774 Si listed tienealguha pregunta, por favor flame al numero:1-866-779-3774 Sa anurnang katannagan, tumawag fang po,sa numerong Ito: 1-866-779-3774 Sincerely yours in public safety, j'3t0 **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 eat 311 or littp://firepreienlion.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Sep ices, Inc. is under contract with the City cf National City. Fire Prevention Services*** rev. 0327/06, 04/24/06, 66/21/06 564 010 55 00 Fenton PI Left of 2553 Fenton PI , en� wf d 2 /9n11L 5640105500 Fenton PI Left of 2553 Fenton PI a 4 4 Ott 564 010 55 00 Fenton P Left of 2553 Fenton PI /2119 fl 1• A 0'1 (o ID a c in U. 564 010 55 00 Fenton PI Left of 2553 Fenton PI Pin21 Cill c/91114 • - _ - - • - I.- "IL 4, /- 44 - i; -0:-.... It'A • 1 L -,-,--t - -- ---,'-- 0,,,,,--,%-7,.. tI ' ••$, +SI 1W6.1---mrardidi - - -7 • ; 24' dr 1 4r. 5640105500 Fenton PI Left of 2553 Fenton PI Pinnl Oil is 9fl1 A 5640105500 Fenton P1 Left of 2553 Fenton P1 Fjnpl Q 1 coni '�3 564 010 55 00 Fenton PI Left of 2553 Fenton PI cinng 011 cmni rk4 564 010 55 00 Fenton P1 Left of 2553 Fenton PI Final Q/1I#n. �yS 5640105500 Fenton PI Left of 2553 Fenton PI Pinni Q/1 ROM zL 1 441 il OW Oa lit, , istie t - 1I ' limo A' ,di '' , J4 t l 1 k i 1 - i ! k '�'' ,ti9 i3 y141y : ; tigt-tki irsj 01 : 11aI- I ■ O (71 —T1 Cl CD CD 0 ru N. m • 7013 1090 0000 16841 U.S. Postal Service Tri CERTIFIED MAIL, RECEIPT (Duliegtic Mail Only; No Insuramco Coverage Provided) For delivery infprmat icisit our we Wi:Avilsps (Endorsement Required) (Endorsement Required) Reatricteti Dalivery Fe11 s RetAm ReesIpt Fee "4° 2i4 $2.70 CeattledP"Fee" $ 11749T Pc***- ilici55 00 $6473 rili*It::-4r.:J>1 Ruvalcaba Carlos;Lilian 5941 Allegheny St .1.16i14-41 San Diego CA, orPO.Box 92139 Sentra Cry, State, NATIONAL CITY FIRE DEPT. 1'243 National City Blvd National City, CA 91950-4596 RETURN RECEIPT REQUESTED .Lu1Iyd40S; /Address: 5941 Alleghany St San Diego, CA 92139 Date: 9/3/2014 111 11 11 0 IMO 168141 3272 Parcel Numb Location of Public Nuisance: !Fenton Pl National City 91950 Instructions for Abatement: Please clear the entire property of all -Kegetation and debris must besentoyed_frim the Dronertsr. Moo. BC: 91950459699 *9294-815 3'8-.02- 42. -54litelsiiWi J ' 7 6 U11117.0 STATES POSTAL SNIVICS I COO 92139 U.S POSTAGE PAIO EL Cfbal.CA-- SEP1014 AMOUNT $6470 0003 f 471-06 rd \,4040 NIXIE 91.8 DE. 13 9 0'009/28/1.4 R ETU:RN TO SENDER CL AIMED UNABLE- TO FORWARD CITY OF NATIONAL: CITY FIIRE DEPARTIVIE 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION . Authorization # 4284 Owner: Ruvalcaba Carlosailian Address: 5941 Alleghany St San Diego, CA 92139 Parcel #564 010 55 00 Authorize Job loca.tion:FentOti P1 National. City 91950. e WHEN SIGNED THIS DOCUMENT S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL METHOD OF CLEARING Entire Parcel Hand Cutting: quo sq. ft. Removal: Crew Type: Type: ype: Type: Fire Break CREW INFORMATION Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and anmdo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 0 4 P Aritt 16.83 441 . .SAN I EGG GCJNTV gyre's RAP BOC4(504 PAGE 01 7, 33 �Cy� eer4roinv sae 453 FRIMF IACI{LWIRS IW,ICE3• • LANOITAN AVE ?4AP .1754 LINCOLN ACRESANNEX NO.3 ROS 14114 564--01. are z Sb•- 1 "=100' • Work space for diagrams and amount of work done Tractor 5q. Ft.; Total Removal Cu, ' Dump Charge #0.7ggr•) 0 • • e+ • 4, 4.. q (I op K)01C'e : ?t\k_ U-)c-51 Crzata 460-ve. evr.A. co. 10-09 --t\iew reff-AL 1 t .4. '11 ica• .10 1E..1 e.1.44 i • • • Fire Prevention Services, Inc. P.Q. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 1 tv-np0I4 Ruvalcaba Carlos;Lilian 5941 Alleghany St San Diego, CA 92139 Parcel # 564 010 55 00 Location: Fenton PI National City 91950 Dear Rnvalcaba Carlos;Lilian, p This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,309.72. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatementlien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 564 010 55 ii0 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 tgt NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized. 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per. square foot over one acre $00.02 . sq. ft. Hand Labor A. per square foot of.area abated $0.10 4400 sq. ft. 440.00 Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to clipping, and or compacting $38.00 X 11.85 cu.yds =450.30 B. dump fees (reimbursement of cost) 1 69.42 Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour $350.00 1 350.00 $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation'fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 unscheduled fees (reimbursement of cost) FILE # 4284 APN # 564-010-55-00 TOTAL $ 1.309.72 �S, Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:/: fiix epreveat .ort.act Final Bill 11/17/2014 Ruvalcaba Carlos;Lilian 5941 Alicgbany St San Diego, CA 92139 Ref: Parcel # 564 010 55 00 Dear Ruvalcaba Carlos;Lilian, This is a reminder of the letter we sent you on 10/28/2014 and we have not received payment in the amount of $1,309.72 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 564 010 55 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev: A,5/19/Q6 (10 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058. fax (619) 445-6336 AND W ;N . RECORDED SAIL TO Fire Prevention. Services, Inc. PO Box 2012 Alpine, CA 91903-2012 IlIlIIHIMI�AIIIYYIININNBMI�iuWNMIIVII�I1 OCT 29, 2014 1:39 PM FFICIAL RECORDS SAN DIEGOCOUNTY RECORDER'S OFFICE Ernest J. Oronenburp. Jr.. COUNTY RECORDER FEES: 0.e00 PAGES: 1 11111111111111111111111101111111111111111101 NOTICE OF ABAIEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE Cf/VNERSIPURCHASERS O1 THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 10/2/2014, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 10/21/2014, and WHEREAS the charge for such abatement amoraated to $1,379.72; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid: The current owner of the property is Ruvalcaba Carlos;Lilian at 5941 Alleghany St, San Diego, CA 92139 described as follows: APN # 564 010 55 00 ADDRESS: Fenton PI National City 91950 LEGAL DESCRIPTION: /Exc Nly 86.54 Ft/ Lot 437 Tr 1754 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council ahail become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,379.72 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: October 28, 2014 State of California County of San Diego ) ) SS. BY: Ken Osborn, ire Prevention Services, Inc., Designee for National City Fire Department Certife to Of Acknowledgement On October 28, 2014 before me, Jessica A. Morgan, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JEUNO.A. iORGAN COMM. #2O22405 Notary Public California q 5aa D' t _M Comm. Apr. ,2017j (Seal) SUMMARY REPORT FOR APN 564-261-21-00 03/18/14 Initial inspection was made, property was found to be in violation. 03/19/14 Mailed 30 day courtesy notice to the owner. 04/28/14 Re -inspection was made, property was found to be in violation. 04/28/14 Posted property. 04/30/14 Mailed 10 day final notice to the owner, certified mail. 05/12/14 Final inspection was made, property was found to be in violation. 05/14/14 Verified ownership information with County of San Diego. 05/21/14 Work order authorization signed by District Official. 06/10/14 F.P.S.I. crews arrived to find property in compliance. 06/11/14 The owner was mailed an Administrative bill at the contracted rates. 07/10/14 The owner was mailed a final bill. 07/17/14 Certified notice returned "unclaimed". 07/24/14 A Notice of Abatement was filed on the property. 05/22/15 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE . TO ABATE PUBLIC NUISANCE Owner: Liwag Alejandro P;Patricia N Address: 3237 Alta Dr Date: 3/19/2014 National City, CA 91950 Parcel Number: 564 26121 CO Location of Public Nuisance: 323773239 Alta Dr National City 91950 Instructions for Abatement: Please clear the entire property of all sties of dead areisetation and debris. —. „ �'. ,_._i._31 b C ,. ataortri., discarded d it and appliances tr i !i, n;F of debrit from entire property. I`:CZLmC remove . "au* u�rer eels 0.4iAlD6/LLJLIIV.{r Wp6V. rM.W SC..:..:.. furniture -.'S.. �. - - You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 3/19f4014. "Your failure to comply with this order will result in the City having your property cleaned by the City's contactor at eye expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractors fees w clean the properwy (pet Resolution number 94-97). Violations ns ere oleo subject 1 prosecution as misdemeanors. Guidelines For The Abetment of Flammable Vegetation For the protection of life and properly, remove all brush, flasntitable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and uiiher vegetation more than thirty (30) from such building, or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish end Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for filet break clearance, YOU MUST NOTIFY BOTH AGENCIES AND. THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. TF 'MESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National city Nunicinal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger Iife•or property; or fords obstructions to or on fire escapes, stairs,passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the. egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds.that any provision of the Uniform Fire Code is being violated.. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any . appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code; to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a : . greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing of act whichmay obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National C€ Mulljg pal OadE9.12 20 PublicNulaanekase .4,s—Weetisa_nd Cater 'Faun:tillable Materials MI weeds, growing or located upon steels, sidewalks or private property ere hereby declared to be a public nuisance. For the purposes of this chapter, "woods" shall inelude the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. . C. Weeds which are otherwise noxious -or dangerous. . D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National CitvMunicipal Code 136.010 Public Nuisance Defined "Public Nuisance means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition cegsed, maintained or perinitted to exist winch constitutes a threat to the public's health, .safety and. wtiliue OF which significantly obstructs, injures. or interferes with the reasonable of free Use of prnperty. in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1,36.060 Abatement-- Anneal— Hearing Within ten (10) days froin the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si oared lieaealguna pregunta, por favor Ilame al Barmen: 1-866-779-3774 Sa anurnang katannngan, tumawag sang po sa numerong Ito: 1-866-779-3774 Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt o f this notit.e. 1.866-779-3774 ext. 311 or hops//fiireprevention.net The appeal shall be In writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** NATIONAL CITY ME DEPARTMENT* COMMON QUESTIONS AND ANSWERS Yoe HAVE -YOU CAD TIrEE F610PERTY SINCE THIS NOTICE? DO YOU VTAND THE INSTRUCTIONS FOR No MATO/MT? Yes HAVE YOU MADE MAU 1111 PROPERTY? No WOULD YOU LIKE THE CITY TO ABATE TH1 HAZARD FOR YOU? OWR ARBRAIPORMSLEFOR ROATAINDIM HAZARD MAMMY ON A YEAR ROUND' CALL FIRE PREVENTION 1.866779.3774 ht p:I/fTrrepr ventIon.not GALL FIRE, PREVENTION FOR RE -INSPECTION. 1.666-7704774 http:MiroprfvortIormot IN TIME SPED THE - OWERIARLI. BE CHARGED A 1380.00 ADMINISTRATIVE FEE. PLl013 FIRE PREVENTION W1L1. ABATT . OWPIER1RilLL BE BILU.ED FCR= COSTS IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-?79.3774 IltIPAIrOprovenliort.rot CAL. FIRE PREVENTION FOR ARRANGEMENTS. 14666.T7e3774 • http1lfImporontionnt if ARI MOENENT$ ARS WADENE TO CITY MATING WARD, THE ADIMPASYRATIVE FEE MAY DR WANED.. 333 E. lSth S : National City, CA : 91350-4598 CITY OF NATIONAL CITY SCHEDULE -OF FEES 1. Tractpr. Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet U. per parcel; sized 30;001 square feet to one acre E. Per square font over crrie r-e 3, Hand Later A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ • 00.10 $150.00 $150.00 4. Debris.Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. 6. 7. 8, Administrative Fee (failure to comply with final notice) A. per parcel $350.00 Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel MiWatalitous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Umtheduried t abor per man hour H. unscheduled fees $200.00 $275.00 $ 50.00 $ 50,00 10% $ 50.00 $ 20.00 $ 50.00 $..50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 L.12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Liwag Alejandro P;Patricia N Parcel Number: 564 2612100 Address; 1237 Alta Dr Date: 4/30/2014 National City, CA 91950 Location of Public Nuisance: 3237-3239 Alta Dr National City 91950 Instructions for Abatement: Please clear the entire lrropertj of all piles of dead vegetation and debris. Please remove "any and. all!' combustible materials, discarded furniture and anoliasees, trash, pies of debris from entire propertv.• You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 4/30/2014. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at vour expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. pni4elines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or Structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the Optic!. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARTING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF. ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (I 0) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIREC bD 13Y THIS IS NOTICE. Failure to provide notification to these r .ncies may render you liable under Federal or State Lew to penalties. National C(ty Municipal Code 9.12.010 Public Nutsanee Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or • dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; ,or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. 13. When the Fire Chief or his/her designee deans any chimney, smokestack, stove, oven, incinerator, Attract or other heating device, electric fikture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief orhis/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace'of fire to a, greater degree that customarily recognized es normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fue or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds Which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, bnish, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City. which has been zoned for single and multiple residence purposes. National LTV Vitial Code 1,3 .019.Iiwu6iic 1Vgiisaoce Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use •oi property in a neighborhood, community or to any considerable number of petsons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National Citv Municipal Code 1.36.060 Abatement— Appeal —Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises acted may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please Retiree to call this number: 1-866-779-3774 Si lasted tienealgana pregunta, por favor Ilam_e alnuaaerc: 1-866-779-3774 i Sa anumang katanungan, tumt Sincerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (1.0) days alto receipt of this notice. 1-866-779.3774 ext. •311 or http://tireprevention,net The appeal shall be in writing and filed with the City Clerk. (NCivi:C 1.36.050) *Fire Prevention Services, Inc. is under contract with the City of National City. • Fire Prevention Services*** rev. 0327/06, 04/206, 06/21/06 564 261 21 00 3237-3239 Alta Dr Posted 4/28/2014 564 261 21 00 3237-3239 Alta Dr Final 5/12/2014 uIs 564 261 21 00 3237-3239 Alta Dr Final 5/12/2014 CI CD 4:( CD CV 0, cq 0.1 ap .1747-5 04 I =r co CID 0.1 C: U, VD 6: ern T•e. 0 CD < CD (NJ C 564 261 21 99 3237-3239 Alta Dr Posted 4/28/2014 NOTICE TO ABATE PUBLIC NUISANCE MEO sr Ibtal P-5-04 n1 21 00 i? SentTe Livvag Alejandro P;Patricia N 3237 Alta Dr Yreit: at &pot .National City CA -91950 . , CERTIFIED MIIIL,„ "1 Tr5r rarrt... 7013 .1090 0000 13844 9141 umirdmrams POSTALSERVICE • Date: 4/30/2011 CA 919.50 • I-R U.S. Postal Service CERTIFIED MAIL., RECEIPT troomp.stic MO Only; Noloce Coverage Frovideip For delivery information visit our.vveb ea Postage -n Certified Fee %NM Recatit Aso (EndpreeTent RequIp41) le-ncrogenvm Retudrod) tit 1'4 _Restrlited DelNely Foe C1 Fit' NATIONAL, CITY FIRE DEPT. 1243 National City Blvd National 91950-4596 JUL 1 7 2014. CiITY flATIONAL L DEPANIWW -um= Lawag. &Wren: 3237 1000 91950 U.SAID.. POSTAGE P EL CAJON1CA 922u APR 30.11 AMOUNT $6g49 0006.4.72 --....4,..... , , r l'• li,t‘f.xre :,,IttittlY*4(3.1.-?' LoatThzi Of PlibliC 1*.igglICe "3137-3239 Alta Dr Islatioita1 City S - i:. -- : , . :- RE Tait* 1-:(4 seinvg,it..7- -,' tructioaq- for AltaAbatme, se cider lhe entirOoroparty of ai, , • 111,1c1,,Alare N-jint,s0z1ReAilitlite, 1111-401..t Tolf : C•Olt WAR 0 AY bit#4.41110.410,1a ' ' ,. . . --., . • , . - - 0 Cz -:-.91:954:4-6.*6,41, , +-•..4.t.i4L4?3:-.:$10., : -- . , , 14,1114.: 11-114q044•4+111 ' " - CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Owner Liwag Alejandro P;Patricia N Address: 3237 Alta Dr National City, CA 91950 Parcel #564 261 21 00 Authorization # 4091 Job location:3237-3239 Alta Dr National City 91950 WHEN SIGNED THIS DOCUMENT AL + i S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR TEE PURPOSE .OF FIRE V OLATION ! PUBLIC NUISANCE REDUCTION OR REMOVAL. • METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: . sq. ft. CREW _�_'NFORMAT1ON Crew Date Type: Type: Type: Type:. i Notes:. Please clear the entire property of all piles of dead vegetation and debris. Please remove "any and all" combustible materials. discarded furniture and appliances, trash, piles of debris from entire property. 06 sin alEsn cow/7 A mfason9 MS. • lopcx 514.11g� I-600-345-7334 556 0 04 0s. 562 561 558 y 49 15\41 07 A LTA .11111 11.1114111 II S.. 21 • 4 560 - as RE memo rcrca�, . +armor masts &T. aaawar a. imago'RATInr OMR.Y trIR . trxAL NR • 3 f_1.111.a 111 568 14 e 14 3 111111i11 6 570'• i it. • 0 at 11 rs 572 32_21( 7 4 57 33221 � Is 04 322z 2zb z2, 578 rl 575 r, 578 t0 577 !dry as 4. sn M • • • • • 1 f.s a scierA v srik A PARK 1 PG23SHT•R7 mot ac ntadaeg'M a 0 RITItik AELER . CSEE PG 23 3117 2 '.r 03.46 �g• 554-25 • a 'at aluA'PIGES ._,?,... ►Jrn t, ...... ....., ....In 111MI NMI 1•11111i NM NNE NB MINIM 11116111111111111 NI EOM =1 MI ..... 3 IMO SU ENEM MIM ENMINIIIMINI E MUM NM MEM NO CUT tiLiG 2 ? T999 MAP 17S3 - LINCOLN ACRES 4111E+Q NO. II ROS 15704 • i • • • Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774: fax (619) 445-6336 http:/ffireprevention.net ADMINISTRATIVE BILL. 6/11/2014 Liwag Alejandro P;Patricia N 3237 Alta Dr National City, CA 91950 Parcel # 564 26121 00 Location: 3237-3239 Alta Dr National City 91950 Dear Liwag Alejandro P;Patricia N, Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 5/12/2014 and found to still be in violation of the National City Municipal Code. Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 6/10/2014 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by yoia. Please make check payable to F.P.S.1. and please include the File # 564 261 21 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7.501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. II. Naiad Labor A. per square foot of area abated $0.10 sq. it Dozer Operation A. hourly rate B. move -on fee $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X cu.yds = B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 350.00 Attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien .$50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 H. unscheduled fees ' (reimbursement of cost) FILE # 4091 APN # 564-261-21-00 TOTAL $ 350.00 ►i1 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 7/10/2014 Liwag Alejandro P;Patricia N 3237 Alm Di National City, CA 91950 Ref: Parcel # 564 26121 00 Dear Liwag Alejandro P;Patricia N, ig This is a reminder of the letter we sent you on 6/ 11 /2014 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 564 261 21 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. r ev.05/ 19/06 lig RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECO/if/ED MAIM TO Fire Prevention Services, Inc. POBox 2012 Alpine, CA 91903-2012 111111111MIN�1�Ia�IG�I��I�I�IINNRNtlNllll JUL 28, 2014 1:46 PM OFFICIAL RECORDS SAN DIECaO COUNTY RECORDER'S OFFICE Ernestd. Dror+a, uro,Jr., COUNTY RECORDER FEES: WW2 PAGES: III IIIUIRIIIIIoiINIIN illitU IIi llU NCINIoi iI NOTICE OF ABATE N T TO THE CURRENT OWNER OF RECORD Al ANY FUTURE OWNERS/PURCHASERS OF THE IEREIlitT DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 5/21/2014, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 6/10,2014, and WHEREAS the charge for such abatement amounted to $450.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Liwag Alejandro P;Patricia N at 3237 Alta Dr, National City, CA 91950 described as follows: APN # 564 261 21 00 ADDRESS: 3237-3239 Alta Dr National City 91950 LEGAL DESCRIPTION: Lot 567 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council -shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $450.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: July 24, 2014 BY: Ken Osbom, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement State of California County of San Diego On July 24, 2014 before me, Jessica A. Morgan, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to Ile the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge; to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity won behalf of which the person(s) acted, executed the ins rufmned. I certify under PENALTY OF PERJURY under the laws of the State of C.aliforaia that the foregoing paragraph is true and correct. WITNESS hand official seal. JESSICA A.11C CM1 COMM. *2022405 z Notary Putlio • California SAri Diego County My Comm, Eyires l&r. 28, 20171 (Seal)111 CC/CDC-HA Agenda 6/2/2015 — Page 369 The following page(s) contain the backup material for Agenda Item: Public Hearing - Confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2015/16. (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. IITEM TITLE: Public hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Card for Fiscni Year 2015/16. (Planning) PREPARED BY: Raymond Pe, Principal Planner PHONE: 1336-4421 ; DEPARTMENT: Planning . 'Sion APPROVED BY: EXPLANATION: On May 19, 2015, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for Landscape Maintenance District No. 1 (Mile of Cars). At the May 19, 2015 meeting, the City Council initiated the proceedings for the levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments on the levy and collection of these assessments for Fiscal Year 2015/16. FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the public hearing. BOARD 1 COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 2015/16 Engineer's Report (Annual Report) MNBS helping communities, fund tomorrow City of National City Landscape Maintenance District No. 1 (Mile of Cars) Engineer's Report Fiscal Year 2015/16 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 Ron Morrison, Mayor Jerry Cano, Vice Mayor Albert Mendivil, Councilmember Mona Rios, Councilmember Alejandra Sotelo-Solis, Councilmember AGENCY STAFF Leslie Deese, City Manager Brad Raulston, Executive Director Ray Pe, Principal Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director NBS Pablo Perez, Project Director Brian Thomas, Assessment Engineer Brian Brown, Senior Consultant Reena Arvizu, Financial Analyst TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Assessment Roll 5-5 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2015/16. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The proposed assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2014/15 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Fiscal Year 2015/16 Actual Assessment Landscape Maintenance District No. 1 (Mile of Cars) $136,288.05 I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of district formation. No. 60907 Exp. 12•31-1 CIV11- Brian Thomas, Assessment Engineer City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 1-1 Prepared by NBS — Fiscal Year 2015/16 2. OVERVIEW 2.1 Introduction The City formed the District to provide maintenance services to benefit certain parcels in the City. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The 2015/16 Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2015/16 which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2015/16. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2015/16. 2.2 Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33`d Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-1 Prepared by NBS — Fiscal Year 2015/16 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-2 Prepared by NBS — Fiscal Year 2015/16 3. ESTIMATE OF COSTS The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the Fiscal Year 2015/16 estimate of costs for the District: Description Median Frontage Improvements Improvements Total Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: Incidental Expenses A. Administration B. Other Contractual Obligations(1) C. Engineering D City Expenses E. Consultant Fees F. County Collection Fees Total Incidentals: Total Estimated Annual Cost: (Less) General Benefit Contribution(2): $0.00 $41,371.29 $41,371.29 20,556.06 0.00 20,556.06 4,095.00 4,095.00 8,190.00 13,433.66 13,433.66 26,867.32 13,000.00 0.00 13,000.00 3,046.11 0.00 3,046.11 7,807.03 0.00 7,807.03 2,250.00 2,250.00 4,500.00 2,500.00 2,500.00 5,000.00 $66,687.86 $63,649.95 $130,337.81 $3,000.00 $3,000.00 $6,000.00 3,600.00 3,600.00 7,200.00 250.00 250.00 500.00 500.00 500.00 1,000.00 1,950.72 1,950.72 3,901.44 2.30 2.30 4.60 $9,303.02 $9,303.02 $18,606.04 $75,990.88 $72,952.97 $148,943.85 ($6,475.39) ($6,180.41) ($12,655.80) TOTAL ANNUAL ASSESSMENT FOR THE DISTRICT(3): $69,515.49 $66,772.56 $136,288.05 1) Includes legal, accounting and advertising. 2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. 3) Does not include any rounding adjustments. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 3-1 Prepared by NBS — Fiscal Year 2015/16 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 4-1 Prepared by NBS — Fiscal Year 2015/16 F1LEO IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NATIONAL CITY THrS_DAY OF , 1990_ CITY CLERK CITY OF NATIONAL CITY STATE OF CALIFORNIA RECORDED IN THE OFFICE CF THE SUPERINTENDENT OF' STREETS OF 1RE CITY OF NATIONAL MY THIS _DAY OF 1996. SUPERINTENDENT OF STREETS CITY OF NATIONAL CITY STATE OF CAUFORNIA AN ASSESSMENT WAS LEVIED 9Y THE CITY COUNCIL ON THE LOTS, PIECES, AND PARCELS OF LAND SHOWN ON THIS ASSE55MENT DIAGRAM. SARI ASSESSMENT WAS LEVIED ON THE DAY OF , 19901 SAID ASSESSMENT OIACRAM AND THE ASSESSMENT ROLL WERE RECORDED Pt THE OFFICE OF THE SUPERINTENDENT OF STREETS OF SAID CITY ON THE DAY OF 1996. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE CF THE SUPERINTENDENT OF STREETS FOR 1NE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHORN ON THIS ASSESSMENT 9IAORAM. CRY CLERK CITY OF NATIONAL CITY STATE OF CALIFORNIA FILED THIS DAY OF 1996, AT THE HOUR DF O'CLOCK _ .M. 01 ROOK OF MAPS OF ASSESSMENT AND CODMMLINIIY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF TIE COUNTY OF SAN DIEGO, CALOFORNOu,. COUNIrf RECORDER COUNTY OF SAN DECO STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA SSD-310-40 2IT' BOULEVARD SHEET 1 OF 3 SHEETS 291' 550-203-00 L. 190' 560-204-04 TRY 550-20A-02 1W 560-391-03 JBV 560-393-80 i REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISE) 5-26-04 100 0 100 T00 EXTERIOR DOWIDARY OF FASTRrCT TOO 400 'AfitroNTAGE OF EACH PARCEL IS RASED UPON COUNTY CURRENT COUNTY ASSESSOR'S MAPS ANO SHOWN HEREON TO 1H£ NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY OIIUEHSOHS NOT SHORN_ NASLAND ENGINEERING DU'0, 611 JHQ,Rl010 • J1IRYCITNG . LAID PLANNING I5{0 5055,1r 5Ire.1. 500 DIY^, 0.01e1014, 04111 • e10—TIT—Tn0 NOTE. ORIGINAL SHEET SIZE 18" x 26' N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIORNIA 560-530-03 591' NATIONAL 1 L BOULEVARD 562-021-01 100' 502-021-07 160' 290' 562-340-69 562-300-70 TRANSPORTATION AVENUE 562-090-06 270' NATIONAL 0174 562-240-4? SHEET 2 OF 3 SHEETS 563-100-14 035' 562--100-13 035. BOULEVARD 436' 562-340-48 O Z 100 EXOEtelOR 001J01760Y t>E 11121150T REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 0 000 200 1 sae 400 s11 l'ON.OvrAct 4F ¢1 PARS IS 065E0 WON ONTCOUNTY ET Ac 44.0 1�EON7ENE Sr001. 6(660 TO �ES'091-5 11.AO0GE1. 04499 609 PRCPERT? L'+11EN90145 NOT V074'71. NASLAND ENGINEERING Ci99. CN0000Cf0N0 • 51IRVCTN0O • 1AN0 PLAN/11Na 4710 6.AM1.er Thee.. Po. IAHe, C46fareh. 92111 • 616-282.-7770 NOTE: ORIGINAL SHEET SIZE 18' x 26' N.E. JOB No. 105-148 562-160-07 300' 562-160-32 62' AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CAL.IFORMA 562-100-33 127' sen 562-340-09 209' 562-150-13 N'ORTATION AVENUE NATIONAL CITY BOULEVARD 230' 562-220-13 100 562-321-07 162 562-330-35 EXTERIOR OOONDARY OF DISTRICT Wirt ncnreoe OF E+M1W PAROOL 15 ®A5E0 UPON CURRENT COUNTY ASSESSOR'S WARS MO SNOW HEREON TO THE NEAREST root. REFER TO Puma MAPS FOO PROPERTY 591555014 NOT 514DWR 100 zoo m 76.E <00 immemINITO immtmell N SHtt 13 OF 3 SHEET REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING CIVIL ENGINEERING • 91.111O1MNG . LAND PLANNING 4 10 Ralle•' S4. t. See 01ege. C.RfaM.. 02)LI • 010-272-7770 NOTE ORIGINAL SHEET SIZE 18' x 26' N.E. JOB No. 105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2015/16, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.2 of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: • Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. • Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. • Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. • Policy LU-5.10: Assist the business community in evaluating National City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. • Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-1 Prepared by NBS — Fiscal Year 2015/16 • Policy LU-9.4: Encourage an overall high quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for National City, where appropriate. • Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. • Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. • Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. • Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. Aesthetic Benefit The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: • Uniform and up to date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. • The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. • The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. • The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. • Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-2 Prepared by NBS — Fiscal Year 2015/16 Separation of General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. Quantification of General Benefit As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2"d Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-3 Prepared by NBS — Fiscal Year 2015/16 (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel residing within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71 % of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71 % of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District based upon the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District — the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: Median Improvements 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-4 Prepared by NBS — Fiscal Year 2015/16 parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. Frontage Improvements 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 4. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 5. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. MAXIMUM ANNUAL ASSESSMENT RATES The annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2015/16 is $15.11. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot (1) 1996/97 N/A $3.29 $6.43 $9.72 1997/98 10% 3.62 7.07 10.69 1998/99 10% 3.98 7.78 11.76 1999/00 10% 4.38 8.56 12.94 2000/01 10% 4.82 9.41 14.23 2001/02 10% 5.30 10.35 15.66 2002/03 10% 5.83 11.39 17.22 2003/04 10% 6.41 12.53 18.95 2004/05 10% 7.05 13.78 20.84 2005/06 10% 7.76 15.16 22.93 2006/07 10% 8.54 16.68 25.22 2007/08 10% 9.39 18.35 27.74 2008/09 10% 10.33 20.18 30.52 2009/10 10% 11.36 22.20 33.57 2010/11 10% 12.50 24.42 36.93 2011/12 10% 13.75 26.86 40.62 2012/13 10% 15.12 29.55 44.68 2013/14 10% 16.64 32.51 49.15 2014/15 10% 18.30 35.76 54.07 2015/16 10% 20.13 39.33 59.46 (1) Rates are truncated. Allow for minor rounding error. 5.2 Assessment Roll The proposed Fiscal Year 2015/16 District assessment roll is listed on the following page. City of National City - Landscape Maintenance District No. 1 (Mile of Cars) 5-5 Prepared by NBS - Fiscal Year 2015/16 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2015/16 APN Owner 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 560-204-04-00 BALL JOHN D II 560-210-01-00 HATTON RONNIE & HATTON PAM 560-210-04-00 LTC PROPERTIES L L C 560-210-40-00 CAPPS DIANE L & BALL 1998 TRUST 560-210-41-00 CAPPS DIANE L & BALL 1998 TRUST 560-210-42-00 LTC PROPERTIES L L C 560-261-08-00 CAPPS DIANE L & BALL 1998 TRUST 560-271-07-00 CAPPS DIANE L & BALL 1998 TRUST 560-271-09-00 BALL AUTOMOTIVE GROUP 560-271-14-00 CAPPS DIANE L & BALL 1998 TRUST 560-271-15-00 CAPPS DIANE L & BALL 1998 TRUST 560-330-03-00 S K R B L P 560-393-03-00 PNJ PROPERTIES L L C 560-393-04-00 FALK PROPERTIES N C L L C 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 562-031-13-00 BALL JOHN II 562-031-14-00 BALL JOHN II 562-090-06-00 WEBSTER GEORGE H SECOND LIVING TRUST 10-10-00 562-100-13-00 BALL JOHN D II 562-100-14-00 WEBSTER GEORGE H SECOND LIVING TRUST 10-10-00 562-150-13-00 GEN 3 PROPERTIES ONE L L C 562-160-07-00 GEN3 PROPERTIES TWO LLC 562-180-32-00 GEN3 PROPERTIES TWO LLC 562-180-33-00 GEN3 PROPERTIES THREE LLC 562-220-11-00 HARRISON RESIDUAL TRUST & VAUGHN FAMILY LIVING TRUST 02-06-13 562-220-13-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 562-220-31-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 562-220-32-00 FRANK REAL PROPERTIES II LP 562-251-37-00 C V VENTURES L L C 562-251-38-00 C V VENTURES L L C 562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDOLPH F JR 562-321-07-00 S 0 C PROPERTIES L L C 562-321-08-00 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 562-330-35-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 562-330-42-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 562-330-43-00 54/NATIONAL SELF STORAGE L L C 562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA J 562-340-47-00 MOSSY IMPORTS L L C 562-340-48-00 MOSSY IMPORTS L L C 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY L L C 562-340-69-00 FELICE REAL PROPERTIES I L P 562-340-70-00 FELICE REAL PROPERTIES I L P Frontage (Feet) 291 140 190 125 165 211 50 30 270 75 50 95 100 591 140 480 100 160 110 160 270 135 135 209 300 82 127 100 230 155 314 202 167 330 182 148 249 76 40 300 164 436 291 300 290 300 Levy Misc Adjs Total $4,398.96 $0.00 $4,398.96 2,116.34 0.00 2,116.34 2,872.17 (0.01) 2,872.16 1,889.59 (0.01) 1,889.58 2,494.26 0.00 2,494.26 3,189.62 0.00 3,189.62 755.83 (0.01) 755.82 453.50 0.00 453.50 4,081.51 (0.01) 4,081.50 1,133.75 (0.01) 1,133.74 755.83 (0.01) 755.82 1,436.09 (0.01) 1,436.08 1,511.67 (0.01) 1,511.66 8,933.97 (0.01) 8,933.96 2,116.34 0.00 2,116.34 7,256.01 (0.01) 7,256.00 1,511.67 (0.01) 1,511.66 2,418.67 (0.01) 2,418.66 1,662.84 0.00 1,662.84 2,418.67 (0.01) 2,418.66 4,081.51 (0.01) 4,081.50 2,040.75 (0.01) 2,040.74 2,040.75 (0.01) 2,040.74 3,159.39 (0.01) 3,159.38 4,535.01 (0.01) 4,535.00 1,239.57 (0.01) 1,239.56 1,919.82 0.00 1,919.82 766.86 0.00 766.86 3,476.84 0.00 3,476.84 2,343.09 (0.01) 2,343.08 4,746.64 0.00 4,746.64 3,053.57 (0.01) 3,053.56 2,524.49 (0.01) 2,524.48 4,988.51 (0.01) 4,988.50 2,751.24 0.00 2,751.24 2,237.27 (0.01) 2,237.26 3,764.06 0.00 3,764.06 1,148.87 (0.01) 1,148.86 604.67 (0.01) 604.66 4,535.01 (0.01) 4,535.00 2,479.14 0.00 2,479.14 6,590.88 0.00 6,590.88 4,398.96 0.00 4,398.96 4,535.01 (0.01) 4,535.00 4,383.84 0.00 4,383.84 4,535.01 (0.01) 4,535.00 46 Accounts $136,288.05 ($0.29) $136,287.76 Page 1 of 1 CC/CDC-HA Agenda 6/2/2015 — Page 388 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City Amending Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays (Applicant City - Initiated) (Case File 2015-07 A) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City Amending Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays (Applicant City -Initiated) (Case File 2015-07 A) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Planning. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The City Council held a public hearing on proposed changes to amend Title 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays at a Public Hearing on May 19, 2015. Questions were raised about non-commercial sign size increases during election periods, at which time staff was asked to research similar language in the City of Chula Vista and City of San Diego Municipal Codes. The attached background report discusses this information and has options for potential Council action. Staff is recommending introduction of the Ordinance. FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report 3. Existing Chapter 18.47 Ordinance for Introduction 2. City of Chula Vista Municipal Code 4 Ordinance for Introduction section 19.60.600 (Specialty signs) BACKGROUND REPORT The City Council held a public hearing on proposed changes to amend Title 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays at a Public Hearing on May 19, 2015. Several points were discussed and clarification provided. The main issues were flags, vehicle signs, identification tags on temporary signage, and temporary noncommercial signs. Discussion on noncommercial signage was primarily related to increases specified in the proposed Ordinance for signs installed during the election period (period of time which begins 60 days before a special, general, or primary election in which at least some registered voters in the City are eligible to vote, and ends ten days after such election). The existing Sign Ordinance limits temporary signage size for an event to the following: • One or more sign, each no larger than 6 square feet. o Corner lots may have two addition signs, each no larger than 16 square feet (all signs must be removed within ten days after event). The proposed Sign Ordinance limits temporary signage size to the following: • Maximum display area: 16 square feet per parcel at all times; (total cumulative size) • During the Election Period this allowance may be increased up to 32 square feet per parcel per street frontage visible from the public right of way. The increase to 32 square feet is a suggested size and may be modified by Council. At the public hearing, Council asked staff to research the Municipal Codes of both the City of Chula Vista and San Diego to see if they contained allowable increases during election periods. The City of San Diego has no such provision; the City of Chula Vista limits temporary noncommercial signage as follows: • Maximum display area: 1-1/2 square feet per parcel at all times; (one wall or one freestanding sign) • During the period of four calendar months preceding any scheduled election and up to and including ten calendar days following such election, temporary signs bearing noncommercial messages (no limit of how many) may be displayed on private property provided they are no larger than 5 square feet each. As evidenced by Chula Vista's Code, the National City Sign Ordinance has greater allowances currently and proposed for temporary noncommercial signs. As previously mentioned, the proposed Sign Ordinance allows for up to 16 square feet of temporary noncommercial signage at all times. Provided that the sign is not related to an event, the sign may be installed all year round (e.g. "James Bond for Council", "Be Kind to Animals"). Signs related to events must be removed within ten days after event (e.g. "James Bond for City Council — November 2016"; Vote "YES" on Proposition X). Options for the City Council for suggested language pertaining to size of temporary noncommercial signage during an election period include the following: OPTIONS 1. Introduce the Ordinance as originally proposed (32 square feet per parcel, per frontage); 2. Introduce the Ordinance as amended by Council (32 cumulative square feet per parcel); 3. Introduce the Ordinance as amended by Council ( square feet per parcel, per frontage); 4. Introduce the Ordinance as amended by Council ( cumulative square feet per parcel); 5. Introduce the Ordinance removing references to a permitted increase in size of temporary noncommercial signage during the election period. A strikethrough/underline version of the proposed Ordinance is attached, in which previous typographical issues have been resolved. City of Chula Vista 19.60.600 Specialty signs. K. Temporary Noncommercial Signs During Certain Periods. In addition to signage otherwise allowed in any zone, during the period of four calendar months preceding any scheduled election and up to and including 10 calendar days following such election, temporary signs bearing noncommercial messages (including but not limited to messages on the topics of politics, religion, science, arts, philosophy, etc.) may be displayed on private property (not including private property which is also public right-of- way), without permit, subject to the owner's consent, and also subject to: 1. In agricultural and residential zones: a. No sign may exceed five square feet in area. b. Double-faced signs as defined in this chapter are permitted. c. No sign shall be posted in such a manner that any portion of said sign is within five feet of the house side of the sidewalk and, if there is no sidewalk within 15 feet of said sign, then 15 feet from the house side of the street curb. Said signs must be placed at least five feet from the house side of intersecting sidewalks or if there are no sidewalks, then 15 feet from the house or back sides of intersecting curbs. Unless a further setback is required by the foregoing rules (as in the case of corner lots adjacent to intersecting streets), said signs shall be located at least five feet from side property lines except for lots located at intersections. d. No sign shall exceed three and one-half feet in height in the front setback area, and such signs shall not exceed six feet in height in any area unless said sign is attached flush to any building. The measurement shall be taken from the ground level to the top of said sign. e. No sign may be affixed to an already existing sign. f. Nothing in this section shall be construed to render a property owner liable for the posting of a sign on his or her property. 2. In commercial and industrial zones: a. No sign may exceed 12 square feet in area. Double-faced signs as defined in this chapter may be permitted. b. No sign may be affixed to an already existing sign. 3. Removal. The procedure for the removal of temporary noncommercial signs is as follows: a. Notice. The director shall give 24 hours' notice to the owner of the sign (if known), of the city's intent to remove any unauthorized temporary sign bearing a noncommercial message. The notice shall specify the provision of the sign ordinance being violated, and shall inform the owner that removal charges will be assessed. The owner may, within 24 hours of receiving notice, request a hearing before the director to appeal the decision to remove the sign. If the owner so requests, the sign shall not be removed until the hearing has been held and a final decision rendered. If the owner cannot be identified or located after reasonable effort, the sign may be treated as abandoned property and removed. b. Appeal and Removal. In the absence of an appeal of the removal decision, the sign may be removed by the city and the reasonable cost thereof charged to the sign owner and/or persons responsible for placing the illegal sign. Such cost shall be set by resolution of city council. City of San Diego No increase in square -footage for noncommercial signs during an election period is mentioned in San Diego's Municipal Code. Standard size rules apply. These sizes are different in each zone, but only real estate and garage sale signs are allowed with regard to temporary signs. Chapter 18.47 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.47.010 18.47.020 18.47.030 18.47.040 18.47.050 18.47.060 18.47.070 18.47.080 18.47.090 18.47.100 Purpose. Site plan review and/or sign permit required. Unlawful display of signs or banners prohibited. Dentitions. Design and maintenance. Permanent signs permitted in all zones. Large permanent signs in commercial, industrial, mixed -use and institutional zones. Large permanent signs in shopping centers. Small permanent signs in commercial, industrial, institutional, mixed -use, and multi -family zones. Pole -mounted or freestanding signs in commercial, industrial, mixed -use, and institutional zones. 18.47.110 Roof mounted signs. 18.47.120 Revolving signs in commercial and industrial zones. 18.47.130 Temporary signs permitted in all zones. 18.47.140 Projecting signs in commercial, industrial, nixed -use, and institutional zones. 18.47.150 Vehicle signs. 18.47.160 Public assembly use signs. 18.47.170 Mural -type signs in commercial and mixed -use zones. 18.47.180 Digital advertising display (dad) signs. (National City Supp. No. 35) 766 18.47.190 Flags, banners, and pennants. 18.47.200 Signs prohibited in all zones. 18.47.210 Master sign program. 18.47.220 Removal from abandoned site or building. 18.47.230 Nonconforming signs. 18.47.240 Constitutional severability. 18.47.250 Non-commercial speech. 18.47.260 Sign regulations by zone and type. 18.47.270 Signs for special uses. 18.47.010 Purpose. The purposes of this chapter are to: aid in the identification of properties, land uses, and enter- prises; improve traffic safety by reducing visual distractions and physical obstructions and haz- ards; enhance the general appearance and aesthet- ics of the urban environment; and protect the natural beauty of the city's open space. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.020 Site plan review and/or sign permit required. A. Site Plan Review and/or Sign Permit Ap- proval. Signs allowed by this chapter may not be installed until a site plan review and/or sign permit is conducted and approved (see Section 18.12.100) and a finding of compliance is made with the design criteria identified in this chapter by the planning division. Signs that are not consistent with the design criteria outlined in this chapter may not be installed. This determination may be appealed pursuant to the provisions of Section 18.12.060. B. Considerations. Site plan review and/or a sign permit shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and com- parable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. 18.47.040 C. Exempt Signs. Site plan review and sign permits- are not required for exempt signs pursu- ant to Section 18.12.100(C). (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.030 Unlawful display of signs or banners prohibited. A. Except as provided in this chapter and in Section 18.12.100, it is unlawful for any person or entity to install, maintain, or allow the installation or maintenance of a sign or banner as defined in this chapter in any zone. B. The reference to a specific prohibition in this chapter shall not affect the validity and effect of the general prohibition set forth in this chapter or its application regulating the uses of property outlined throughout the remainder of the Land Use Code, nor shall it affect Chapter 10.54 prohib- iting the maintenance of graffiti as a public nui- sance. C. This chapter shall not apply to any govern- mental agency or to any regulatory sign prescribed or required by federal or state law or local ordi- nance. D. Nothing in this chapter is intended to au- thorize the installation of a sign or banner with- out the permission of the owner or occupant of that property. E. Within this chapter, all regulations shall refer and apply only to. "on -site" displays of signs and banners. When a regulation is made applica- ble to an "off -site display, it shall be so desig- nated. Unless so designated, off -site displays are prohibited. Off -site displays include "sign spin- ners? (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.040 Definitions. A. As used in this chapter, and in addition to the definitions in the glossary, the following defi- nitions or concepts shall be applicable: 1. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message," attached outdoors to a building, structure or mounting device, or at- 767 tached indoors to a building, structure or mount- ing device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. 2. "Billboard" means a sign which directs at- tention to a business, community service or enter- tainment not exclusively related to the premises where such sign is located. 3. "Bunting" is a form of banner that is typi- cally presented and displayed in a folded or gath- ered fashion or combination. It may include a display in combination with a flag or banner. De- pending on the format of the display, the term may be synonymous with banner. 4. "Business premises" refers to specific busi- ness occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exits) so as to maintain a specific business identity and Iocation. 5. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. 6. "Directional sign" is any individual sign used to provide directions to pedestrians and ve- hicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. 7. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. 8. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar struc- tural components that are not attached to any building. This category includes both monument and pole signs. 9. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See the glossary pertaining to frontage when made applicable to a parcel of land. It shall also (National City Sapp. No. 35) 18.47.040 refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. 10. "Height" means the distance measured vertically from grade to the highest point or por- tion of the object to be measured or height lim- ited. 11. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. 12. "Install" or "installation" includes but is not limited to the act by which a sign is con- structed or placed on land or a structure, or the act of attaching, painting, printing, producing, or re- producing, or using any other method or process by which a visual message is presented or placed upon a surface. 13. "Message" means any form of visual com- munication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. 14. "Monument sign" means a low -profile free- standing sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. 15. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. 16. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, ser- vices or activities located or offered on a business pieniises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. 17. "On -site" or "on -site sign" refers to a sign. or banner that promotes or advertises goods, ser- (National City Supp. No. 35) 768 vices, or activity located or offered on the business premises or parcel of property where the sign is located. 18. "Outdoors" means a location on undevel- oped property or to the exterior of a building or structure. 19. "Outdoor advertising" refers to the place- ment of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. 20. "Parcels" or "property" or similar refer- ences or descriptions shall refer to parcels defined or delineatedby assessor parcel numbers main- tained by the County tax assessor or as defined in the glossary of this Code. 21. "Pennant" is a banner with three sides. 22. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment meth- ods, thereby rendering the sign non -moveable or difficult to reposition without the use of machin- ery, cutting devices, or mechanical devices. See also "temporary sign." 23. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. 24. 'Projecting sign" is any sign which proj- ects beyond a. building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely at- tached to the face of a building. 25. "Rooftop or roof -mounted sign" means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. 26. "Shopping center" shall mean a group of commercial buildings as defined in the Glossary. 18.47.060 27. "Sign" as used in this chapter, shall gener- ically refer to any medium through which a mes- sage is conveyed which is placed outdoors in any zone or is visible to the exterior of a commercial or industrial building or structure. It shall include a banner and any of the following: a. Any advertising display defined in Section 9.32,010, b. Any message painted, printed, or other- wise produced or affixed on or to: c. The exterior of a building or structure; d, A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free- standing; or e. An inflatable balloon or other three-dimen- sional object that is tethered or fastened to a build- ing, structure, pole, or the ground. 28. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a man- ner as to be rendered a permanent sign. 29. "Visible to the exterior" refers to the place- ment of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately con- tiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.050 Design and maintenance. A. Uniform Building, Electrical and Mechan- ical Code Compliance —Required. No sign shall be installed that does not comply with the appli- cable Uniform Building, Mechanical and Electri- cal. Codes adopted by the city. Permits for instal- lation shall be obtained, when required, prior to any installation, from the director of building and safety, B. Maintenance. All signs and their support- ing structures and components shall be main- tainedin a state of safe condition and good repair. Signs shall be "face washed" at least once a year. 769 Electrically energized components must bear the seal of approval of an approved testing labora- tory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within thirty days from the date of notification from the city. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.060 Permanent signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review shall not be required. A. Permanent Signs. 1, Size. The display on any parcel of any single sign, flag, or banner that is less than six square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the require- ments of this chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of three square feet in size per sign and total area combined does not exceed nine square feet. C. Freestanding or Monument Signs. A max- imum of two freestanding or monument signs not to exceed a total of one hundred square feet, are permitted for single-family subdivisions, multi- family developments, or mobile home parks. D. Official Flags. Up to three official flags of the Unites States, the State of California, or other states of the nation, counties, municipalities, and official flags of sovereign. nations. Proposals for more than three flags require a sign permit and site plan review. If flags are to be displayed on vertical flagpoles, these poles shall be permanently in- stalled with appropriate building permits. Flags of nationally or internationally recognized organiza- tions and corporate or business flags are only permitted if displayed in conjunction with the United States flag. The Flag Code of the United States shall be observed at all times. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) {National City Supp. No. 35) 18.47.070 18.47.070 Large permanent signs in commercial, industrial, mixed -use and institutional zones. A. Specifications and Restrictions. Except in shopping centers, large permanent signs (those exceeding twenty-five square feet in area) may be installed on or along the face of a building in commercial, and commercial uses in a mixed -use zone, industrial or institutional zones, subject to the following specifications and restrictions: 1. Signs shall be limited to one sign per busi- ness premise per frontage along a street, freeway, or parking lot. 2. Sign area on the primary frontage shall not exceed thirty percent of the area of the building face or four square feet of sign for each linear foot of building face along that frontage, whichever is greater. 3. Sign area on a secondary frontage shall not exceed fifteen percent of the area of the building face or two square feet per linear foot of second- ary frontage, whichever is greater. 4. The sign face shall not be located, such as by a 'cabinet, deep lettering, or architectural fea- ture, more than eighteen inches from a building face unless an exception is approved pursuant to site plan review. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.080 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per busi- ness premises per frontage on a common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of these signs shall con- form with the standards specified by Section 18.47.070 as well as standards that may be applied Through any required city council or planning com- mission approval, including but not limited to a conditional use permit, planned development per- mit, specific plan, or variance. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) (National City Supp. No. 35) 770 18.47.090 Small permanent signs in commercial, industrial, institutional, mixed -use, and multi -family zones. A. Permanent Signs Less than Twenty -Five Square Feet. Any permanent sign measuring less than 25 square feet and not described elsewhere in this chapter shall be considered a small permanent sign that shall only be permitted in commercial, industrial, and institutional zones and commer- cial uses in a mixed -use zone as follows: I. Small permanent signs shall be permitted only in windows or along the face of a building. 2. The total area of all small permanent signs and any allowable small temporary signs com- bined shall not exceed ten percent of the wall or elevation on which the sign is placed. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.100 Pole -mounted or freestanding signs in commercial, industrial, mixed -use, and institutional zones. A. Requirements. Pole -mounted or freestand- ing signs are permitted in the commercial and industrial zones and commercial uses in a mixed - use zone, subject to the following requirements: 1. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway, or parking lot, and may include a cluster sign identifying individual businesses on the parcel(s). 2. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage. 3. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage. 4. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.110 Roof mounted signs. Roof -mounted signs are not permitted. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.130 18.47.120 Revolving signs in commercial and industrial zones. Signs that revolve shall be restricted to those that rotate three hundred sixty degrees and no more than eight revolutions per minute. Revolving signs shall be permitted only in commercial and industrial zones. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.130 Temporary signs permitted in all zones. A. Temporary Signs on Construction Sites. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at single- family residential construction projects shall be twenty square feet per street frontage. 2. The maximum area of signage at other construction projects shall be fifty square feet per street frontage. 3. For any request for square -footage exceed- ing the limits set forth in subsections (A)(1) and (A)(2), a temporary use permit is required, the granting or denial of which shall be based solely on objective criteria such as time, Location, and size. 4. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. Temporary Signs on For Sale or For Lease Property. A maximum of two temporary signs on currently for sale or for lease property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed by this section per parcel per street frontage in com- mercial, industrial, mixed -use, multi -family, or in- stitutional zones shall be fifty square feet. 2. The maximum area of signage allowed by this section per parcel per frontage in single-family residential zones is six square feet. 3. These signs shall not be lighted. 771 4. Signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary Off -Site Signs Prohibited. Tem- porary off -site signs are prohibited in all zones, unless otherwise provided herein and by state law. D. Temporary Signs For Events. Additional temporary signs erected due to an event are pen- mitted as follows: 1. Commercial/Industrial/Multi-Family/ Mixed-Use/Institutional Zones. a. One or more temporary signs, each of which is thirty-two square feet or less in area, shall be permitted per parcel. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.47.190 for restrictions on flags and banners.) c. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single -Family Residential Zones. a. One or more temporary signs, each of which is six square feet or less in area, shall be permitted per parcel. b. A parcel that is a corner lot can also have up to two signs greater than six square feet or less in area, but less than or equal to sixteen square feet in area per parcel. c. Permission of the property owner or occu- pant where the sign is placed shall be required. d. No temporary signs are permitted in the public right-of-way. e. Removal. If the signage was erected for an event, such signage shall be removed within ten days after the event. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) (National City Supp. No. 35) 18.47.140 18.47.140 Projecting signs in commercial, industrial, mixed -use, and institutional zones. A. Conditions. A projecting sign may be per- mitted in all commercial, industrial, mixed -use, and institutional zones, subject to the following conditions: 1. Projecting signs shall not project over any public right-of-way, including streets or alleys, ex- cept as provided in subsection (D) below. 2. The maximum height of projecting signs shall be twelve feet, and may project above any eave or parapet of less than twelve feet in height, but may not project inward over any such eave or parapet. 3. The maximum area of a projecting sign shall be thirty-two square feet. 4. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width. For the purpose of this section, "street parkway" is defined as that part of the public street right-of- way lying between the front property line and the edge of the roadway. 5. No more than one projecting sign shall be placed on each street frontage per business prem- ises. 6. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 7. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. (Ord._ No. 2012-2372., Exh. B-1, 2-7-2012) 18.47.150 Vehicle signs. A. Permitted Vehicle Signs. 1. Advertising signs on buses and taxis. 2. Signs on automobiles and trucks that are painted on or attached flat against the vehicle to identify or advertise the associated business, pro- vided that the vehicle is primarily used for the business and not parked on public streets. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) (National City Supp. No. 35) 772 18.47.160 Public assembly use signs, On property used for public assembly, one wall mounted sign not to exceed twenty square feet in area per street frontage or parking lot front- age, and one freestanding changeable copy direc- tory sign not to exceed six feet in height and twenty square feet in area per street frontage or parking lot frontage shall be allowed; provided, however, that the signs shall be architecturally related to the structure to which they are appurte- nant. No more than two wall -mounted signs plus no more than two freestanding signs shall be per mitted. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.170 Mural -type signs in commercial and mixed -use zones. Mural -type signs not exceeding one hundred. ten square feet in area shall be allowed in commer- cial zones and for commercial uses in mixed -use zones in lieu of a fixed sign. (Ord. No. 2012-2372, Exh, B-1, 2-7-2012) 18.47.180 Digital advertising display (dad) signs. A. Purpose. The use of digital advertising display technology (also known as a message cen- ter display or electronic reader board) for on - premises advertising signage can be an enhance- ment to the city as a whole, provided that sufficient standards are established to regulate daytime/ nighttime illumination, prohibit movement, flash- ing, and other animation that may distract motor- ists, and allow for reasonable height and size requirements that balance the need for visibility with overall city aesthetic concerns; and The need for establishing design and opera- tional standards for digital advertising displays for digital advertising signage will ensure that they do not create adverse effects on adjacent uses, for motorists, or conflict with Amber light or other digital emergency response signage; and The Federal Highway Administration in a 2007 ruling stated that digital billboards are permissible adjacent to and visible from federal highways. 18.47.180 B. Applicability. Digital advertising display signs are allowed in commercial, mixed -use, and industrial zoned areas along highways and arterial roadways (as defined by the General Plan Circu- lation Element) with approval of a sign permit provided all the conditions identified below are met. C. Requirements. 1. The maximum height of the sign structure containing the digital advertising display shall be subject to the same height restrictions as con- tained in Section 18.47.260 of the Land Use Code. 2. For properties that front on arterial road- ways, the electronic message display component of the sign structure shall not exceed eighty square feet in area per sign face. 3. For properties that front on highways, the electronic message display component of the sign structure shall not exceed two hundred fifty square feet in area per sign face. 4. No more than one digital advertising dis- play sign shall be permitted on a site. The elec- tronic message display may be single -faced or dou- ble-faced. 5. The electronic message display shall be an electronic LED (light emitting diode) screen. 6. The pixel pitch of the LED electronic mes- sage display shall be no greater than twenty-five mm; twenty mm or less is preferred, especially for arterial roadways. 7. Each DAD sign shall be provided with encapsulated LED's for weather protection. 8. The DAD may be programmed to allow changeable messages, provided that any image shall be displayed for a minimum of eight seconds, and transitions between slides shall not exceed one second. Fading in or out, or scrolling of text shall be permitted as transitions. 9. Each DAD shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime in- tensity shall be limited to 0.3 foot-candles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America 773 (OAAA). The city may modify or further restrict the intensity of any DAD display should the light- ing create a distraction to drivers or an adverse effect on nearby residential property. 10. The electronic message display shall not be operated between the hours of midnight and six a.m. 11. The electronic message display shall not result in unacceptable light intensity and glare impacting surrounding property. 12. All new digital advertising display signs not attached to a building shall be mounted on one support column only. 13. Digital advertising display signs are per- mitted to be located on the wall of a building provided the sign does not obscure any of the building's windows, architectural features, or other architectural details. 14. No digital advertising display sign may be placed within one -mile of another DAD on the same side of a highway. No more than two DAD signs are permitted per freeway. 15. Digital advertising display signs are lim- ited to on -premise signs only. No digital display signs may be placed within one thousand feet of another DAD sign on the same side of an arterial roadway. 16. An existing billboard sign may be refur- bished with a digital advertising display sign pro- vided it does not exceed the area of the existing billboard and in all other respects meets the re- quirements of this chapter. 17. Cabinetry shall include solid welds and voltage protection. 18. Exterior cabinetry consisting of sheet metal or fabricated metal construction is not per- mitted. 19. The electronic message display shall be maintained in good operating condition and ex- ternal appearance at all tidies. 20. Solar powered DAD signs are encour- aged. 21. A DAD shall be subject to all other sign face size restrictions as containedin this chapter. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) (National City Supp. No. 35) 18.47.190 18.47.190 Flags, banners, and pennants. A. Regulations. 1. Permit Required. All banners require the approval of the planning division. In order to obtain approval, see applicationand drawings re- quired at the city planning division. 2. Minimum Standards. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that.: a. The displays are properly maintained; b. Displays are limited to the perimeter of the lot; c. Displays do not exceed a height of twenty- five feet above the ground; d. Displays may not be used in place of a permanent sign. 3. Flags, banners, and pennants may be dis- played on other commercial and industrial uses for a cumulative period of sixty days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty days per calen- dar year. A banner permit fee and an administra- tive fee in an amount representing the anticipated city enforcement costs in causing the applicant to remove flags or banners shall be paid to the city treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verificd removal of the flag or banner by the specified deadline. 4. The following shall apply to all displays of flags, banners, and pennants: a. Must be removed by the owner or occu- pant within fifteen days after a determination by the city manager or his/her designee that the dis- play is improperly maintained or the flag or ban- ner is tattered or worn. b. Shall not be larger than forty square feet. c. Shall not be displayed in lieu of a perma- nent sign. d. Shall not be placed on a roof, placed in required yard areas, or landscaped areas. (National City Supp. No. 35) 774 e. Must be compatible with the primary build- ings appearance. f. Violation of the time limits shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. g. The restrictions of this section shall also apply to signs and banners located within the first eight feet of the interior of commercial or indus- trial premises when such sign or banner is visible to the exterior. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.200 Signs prohibited in all zones. A. Prohibited Signs. Notwithstanding Sec- tion 18.47.030 the following signs are strictly pro- hibited in all zones: 1. Signs that obstruct any window, door, or opening used or requiredas a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. 2. Signs placed on public property or within the public street right-of-way. 3. Signs placed on property without permis- sion of the property owner or occupant. 4. Signs on fences. 5. Except as provided in otherwise in this chapter, signs on vacant or unimproved land. 6. Any sign whose intensity of illumination or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. 7. Animated and flashing signs exceeding the following limits or restrictions: a. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of sixty watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. b. High intensity neon lights, tubes, or flash- ing fights exceeding sixty watts are prohibited on animated or flashing signs. c. Rotating beacon -type lighting elements on signs are prohibited. 18.47.240 8. Temporary or permanent off -site signs, in- cluding billboards, are prohibited except where otherwise provided by state law or in Section. 18.47.180. 9. Inflatable signs and displays, unless autho- rized pursuant to a temporary use permit. 10. Signs mounted on motor vehicles that are in violation of Section 7.20.150 or signs exceeding twenty-five square feet mounted on motor vehi- cles parked for more than eight hours in any twenty- four -hour period on private property. 11. Off -site temporary signs, mobile billboards on public streets (excepting buses, taxicabs, and business vehicles with an advertisement or display of its owner). 12. Mobile Billboard Advertising. Mobile bill- board advertising includes any vehicle or wheeled conveyance which carries, conveys, pulls, or trans- ports any sign or billboard for the primary pur- pose of advertising. Mobile billboard advertising upon any street or other public place within the city in which the public has the right of travel is prohibited. Any vehicle which displays an adver- tisement or business identification of its owner, so long as such vehicle is engaged in the usual busi- ness or regular work of the owner and not used merely, mainly, or primarily to display advertise- ments; buses; and taxicabs are exempt from this prohibition. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.210 Master sign program. A. Purpose and Applicability. The purpose of the master sign program provisions is to pro- vide a coordinated approach to signage for Na- tional Citys business districts, which include the Harbor District, Downtown, Mile of Cars, and Plaza Bonita. The development of a master sign program is optional, but strongly encouraged for these areas. B. Approval. A master sign program shall require the approval of the planning commission and the city council. C. Design Standards. Master sign programs shall feature a unified and coordinated approach 775 to the materials, color, size, type, placement and general design of signs proposed for a project or property. D. Effect of Master Sign Program. All subse- quent signs proposed for a development or prop- erty subject to an approved master sign program shall comply with the standards and specifications included in the master sign program. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.220 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated, or abandoned for any reason for a period of more than one hundred twenty consecutive days, the owner or person in posses- sion of the property shall be responsible for the physical removal of all signs on the property, build- ing or wall(s), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty days following notice from the city. Re- moval, painting out, or obliteration shall be per- formed in a manner that does not create a blight- ing influence. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.230 Nonconforming signs. Any sign that is made nonconforming by en- actment of Ordinance 2001-2192 may continue to be maintained or displayed subject to the provi- sions of Section 18.11.090 regarding the continu- ance and abatement of nonconforming signs. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.240 Constitutional severability. The city council declares that the judicial in- validity of any subsection or portion of this chap- ter shall not affect the validity of any other remain- ing section. or portion; that the city council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the pre- ceding sentence can either be judicially severed or interpreted in a way that could harmonize it with (National City Supp. No. 35) 18.47.240 the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.250 Non-commercial speech. Anywhere that commercial signage is allowed, non-commercial sianage is allowed subject to the same restrictions as those set forth for commercial signage, but not in addition to such allowance. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) 18.47.260 Sign regulations by zone and type. The following table summarizes the types of signs that shall be permitted within the zoning designations listed below. Signs are not permitted in public rights -of -way unless otherwise noted in Table 18.47.260 below. TABLE 18.47.260 Sign Regulations by Zone and Type Sign Type Use or Zone Location Maximum: Size d Height . Other Regulations Permanent signs less than 6SF All (except home occupation) — 6 square feet — Directional sign All — 3 square feet per sign and a com- bined total of 9 square feet — Official flags (United States, California, other state or nation, county, munici- pality or sover- eign nation) All — — Maximum of three flags; must be on perma- nently installed poles; organiza- tions, corpora- tions and business flags prohibited. (National City Supp. No. 35) 776 18.47.260 Sign Type . Jw or Zone I Maximum e and Height Other Regulations Building mounted greater than 25 SF Commercial, In- dustrial, Mixed- Use One sign per building premises per frontage on a street, parking lot or freeway. Primary frontage: 30% of the area of the building face or 4 square feet of sign for each linear foot of building face along the front - age, whichever is greater. Secondary front- age: 15% of the area of the build- ing face or 2 square feet per linear foot of sec- ondary frontage, whichever is greater. May not extend more rhar 1 is" from building face. Internally illuminated light box or cabinet signs not pernut- ted Building mounted greater than 25 SF Shopping Cen- ters, MXD-1 and MXD-2 (except residential build- in gs) One sign per busi- ness premises per frontage along a common walk- way, parking lot, driveway, alley- way, street or freeway. Primary frontage: 30% of the area of the building face or 4 square feet of sign for each linear foot of bu>l ng face along the front- age, whichever is greater. Secondary Front- age: 15% of the area of the build - area of face or 2 square feet per linear foot of sec- ondary frontage, whichever is greater. May not extend more than 18" from building face. Internally illuminated light box or cabinet signs not permit - ted. 777 (National City Stipp. No. 35) 18.47.260 S T Use or Zone Location M l *ind Height Other Uegtdat ons Building mounted less than 25 SF Commercial, In- dustrial, Mixed- Use, Institutional, Multi -Family Windows or along the face of a building 10% of the wall or elevation on which the sign is placed or 25SF, j whichever is less. May not extend more than 18" from building face. Internally illuminated light box or cabinet signs not permit- ted. Freestanding/ pole -mounted Commercial, In- dustrial, MXD-1 and MXD-2 (ex- cept residential buildings), Insti- tutional One sign per building premises per frontage on a street, parking lot or freeway, Not permitted in re- quired setbacks. Primary frontage: 4 square feet per lineal foot Secondary front - age: 2 square feet per lineal foot. Cluster signs identifying indi- vidual businesses on a parcel are permitted. Roof -mounted All zones Not permitted. Not permitted. Not permitted. Revolving Commercial, In- dustrial Same as Free- standing/Pole- mounted. 360 degree rota - tion only and maximum of 8 revolutions per minute. Projecting sign In- dustrial, Mixed- Use, Institutional One sign per street frontage per business premise. May extend into overhang no orCommercial, more than one half of the set- back or street parkway distance. A sign may not extend beyond the street curb. Area: 32 square feet Height: 12 feet . Permitted only in lieu of a free - standing or mar- quee sign. Must be an integral component of building. Decora- five brackets 1'el- witted, Public assembly si ns signs All One wall- mounted sign per street or parking lot frontage plus one freestanding sign per street frontage. One wall mounted sign not to exceed 20 square feet in area and one free- standing sign not to exceed 6 square feet in height and 20 square feet in area. No more than 2 "Fall -mounted signs and no more than 2 free - standing signs snail shabe permit - ted. (National City Supp. No. 35) 778 18.47.260 ,Sign Type Use or Cane Location Ma ll� and 'Heigh Other Regudrttions Temporary signs, construction sites All — Single-family Res - idential, MXG1 and MXC-2: 20 square feet per street frontage Other: 50 square feet per street frontage. Temporary use permit required. Shall be removed in ten days fol- lowing sale or lease of the preen- ises. Temporary signs, event All Window display or display boards permitted only. Commercial, in- dustrial, mixed - use or multi -fam- ily, institutional: One or more each of which is 32 square feet or less in area. Single-family Res- identiat: One or more limited to 6 square feet or less in area per parcel except corner lots are permitted up to two signs greater than 6 square feet or less in area per parcel, but less than or equal to 16 square feet in area per parcel. For commercial, industrial, mixed- use or multi-fam- ily, may not be fastened to exte- rior wall or build - ing face (except flags and ban - ners). Temporary off- site signs Prohibited in all zones. Prohibited in all zones. Prohibited in all zones. Prohibited in all zones. Mural signs Commercial 110SF or 25% of he wail of a f building, which- 1 ever is less. I Permitted in lieu of a fixed sign. Must be coated with anti -graffiti coating. Window signs Commercial,l In - dustrial, Mixed- Use — . of of the area of a window or 12SF, whichever— is less. 779 (National City Supp. No. 35) 18.47.260 Sign'[ v Use or Zone t Ml ' Maximum Sri and 'Height Other Regulations Awning, canopy or marquee Commercial, In- dustrial, Mixed- Use — Awning or can- opy: 50% of the total area of the awning or canopy Marquee: 75% of the total area of the marquee. Internally illumi- Hated or backlit awning signs not Permitted. Building arcade hanging sign(also gCommercial, known as sus- pended or blade sign) Mixed -Use One per tenant. Must be perpen- dicular to face of building. Area: 6 square feet; Width: No ie than 60% of arcade. Clearance: No less than 8' above finished grade. Internal illuni.na- tion not permit- ted. (Ord. No. 2012-2372, Exh. B-I, 2-7-2012) 18.47.270 Signs for special uses. For institutional, educational, regional com- mercial or other large campus -style uses — includ- ing but not limited to hospitals, schools and col- leges, or shopping malls — signs may exceed the design guidelines as prescribed in this chapter with the approval of the planning commission. Ap- proval may be either through a discretionary de- velopment process (PD, CUP, etc) for new con- struction or through the approval of plans process for existing facilities. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012) (National City Sapp. No. 35) 780 ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.47 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended such amendment. NOW, THEREFORE, the City Council does ordain as follows; Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Section 18.47 of Title 18 of the Municipal Code be amended to read as follows: CHAPTER 18.47 SIGNS ON PRIVATE PROPERTY AND PUBLIC PROPERTY NOT OWNED BY THE CITY OR ITS AFFILIATED AGENCIES Sections: 18.47.010 Title. 18.47.020 Authority, Scope, Intent, Purposes. 18.47.030 Basic Principles. 18.47.040 Definitions. 18.47.050 Sign Permits, Other Sign -Related Decisions, Appeals. 18.47.060 Signs Exempt From Sign Permit Requirement. 18.47.070 Prohibited Signs. 18.47.080 Permanent Signs. 18.47.090 Temporary Signs. 18.47.100 Vehicles Signs. 18.47.110 Murals. 18.47.120 Flags, Banners, and Pennants. 18.47.130 Master Sign Programs. 18.47.140 Nonconforming Signs; Abandoned Uses. 18.47.150 Safety, Maintenance, and Refacing. 18.47.160 Enforcement and Removal. 18.47.170 Severability. 18.47.010 Title. This Chapter shall be known as the Regulatory Sign Ordinance of the City of National City, California. 18.47.020 Authority, Scope, Intent, Purposes. A. Authority. This Chapter is enacted pursuant to the City's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq. and 13540; Penal Code Section 556 et seq.; and other applicable state laws. B. Scope. This Chapter regulates signs, as defined herein, which are located within the corporate limits of the City of National City and over which the City has land use regulatory authority, but not on City owned land. Signs on City land are subject to Chapter 13.28. Signs used in conjunction with parades, protests, demonstrations and outdoor public assemblies are regulated as temporary uses under Chapter 15.60. C. Intent. By adoption of this Chapter, the City Council intends to create and implement a comprehensive system for the regulation of signs within the scope of this Chapter, with a regulation system that: 1) accommodates the expression rights of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution; 2) comports with all applicable principles of federal and state constitutional, statutory and administrative law. D. Purposes and Interests Served. The purposes of this Chapter include, but are not limited to: 1) serving the governmental and public interests in controlling visual clutter, community esthetics, and safety of drivers, passengers, and pedestrians; 2) aiding in the identification of properties, land uses, enterprises and other establishments; 3) enhancing the general appearance and esthetics of the urban environment; and 4) protecting the natural beauty of the City's open space. 18.47.030 Basic Principles. A. Message Neutrality Policy. It is the policy of National City to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message content. B. Message Substitution Policy. A constitutionally protected noncommercial message may be substituted, in whole or in part, for any allowed commercial message or any other protected noncommercial message, provided that the sign structure or mounting device is legal. Any substitution shall require the private property owner's consent. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. The message substitution policy does not: 1) create a right to increase the total amount of sign display area on a site or parcel; 2) create a right to substitute an off -site commercial message in place of an onsite commercial message or in place of a noncommercial message; 3) affect the requirement that a sign structure or mounting device must be properly permitted; 4) authorize changing the physical method of image presentation (such as digital or neon) display without a permit; or 5) authorize a physical change to the sign structure without compliance with applicable building codes, safety codes, and neutrally - applicable rules for sign size, height, orientation, setback, separation or illumination. C. Enforcement Authority. The Director is authorized and directed to administer and enforce this Chapter. Signs & Outdoor Advertising Displays 2 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) D. Administrative Interpretations. Interpretations of this Chapter are to be made initially by the Director in consultation with the City Attorney. The Director may refer an interpretation question to the Planning Commission. All interpretations of this Chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Building Code, as adopted by the City, then the Planning Commission or Director, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter. E. Responsibility for Compliance. The responsibility for compliance with this Chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and / or other parties holding the legal right to immediate possession and control. F. Onsite-Offsite Distinction. Within this Chapter, the distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to non- commercial messages. 18.47.040 Definitions. The following definitions apply to this Chapter, and to other chapters when cross-referenced by such other Chapters. "Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a message, attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. "Billboard" means a permanent sign structure in a fixed location which meets any one or more of the following criteria: (1) it is used for the display of off -site commercial messages; (2) the message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign, typically for a fee or other consideration, i.e., it is general advertising for hire; (3) the sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land. "Bunting" means a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. "Changeable copy sign" means a sign displaying a message that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Digital signs," "dynamic signs," and CEVMS (changeable electronic variable message signs) are all within this definition. "City" means the City of National City California. "City property" means any parcel of land or separately leasable space over which the City or any of its related entities, holds the present right of possession and control, regardless of who may hold legal fee title, or that is within the public right-of-way. "Commercial mascot" means a person or animal attired or decorated with commercial insignia, images, costumes, masks, or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial Signs & Outdoor Advertising Displays 3 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) enterprise. This definition includes "sign twirlers," "sign clowns," "sign spinners," "sign twirlers," and "human sandwich board" signs. Also known as "living signs." "Commercial message" means a message that proposes a commercial transaction or pertains primarily to the economic and commercial interests of the message sponsor and/or the sign audience. "Construction site sign" means a sign that is displayed on the site of a construction development project during the period of time of actual construction. "Digital display" means display methods utilizing LED (light emitting diode), LCD (liquid crystal display), plasma display, projected images, or any functionally equivalent technology, and which is capable of automated, remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them. "Director" means the City Manager or designee. "Directional sign" is a sign used to provide directions to pedestrians and vehicular traffic. "Election period" means that period of time which begins 60 days before a special, general, or primary election in which at least some registered voters in the City are eligible to vote, and ends ten days after such election. "Establishment" means any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries, but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Multi -unit housing developments are considered establishments during the time of construction; individual units are not within the meaning of establishment once a certificate of occupancy has been issued or once a full-time residency begins. "Establishment premises" means a specific occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific identity and location. "Flag" means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. "Freestanding sign" means a sign which is principally supported on the ground by one or more uprights, braces, poles, pylons or other similar structural components. This category includes both monument and pole signs. "Frontage" when used as a measurement reference of a building or establishment premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Glossary pertaining to frontage when made applicable to a parcel of land. The term also refers to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. "Garage sale sign" means a sign whose message concerns short-term rummage, estate, boutique, or garage sales of used or handmade common household items from a residential property. "General advertising," also known as "general advertising for hire," means the enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self -promotion or on -site advertising. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. Signs & Outdoor Advertising Displays 4 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) "Illegal sign" means a sign that was installed without proper City or other required approvals and/or permits at the time it was initially installed, and which has not been legalized by later action. This definition also includes a sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but which was subsequently altered so as to be out of compliance with applicable law, including the terms of permits which authorized construction. All signs described in Business and Professions Code section 5499.1 and defined therein as an "illegal on -premises advertising display" are also within this definition. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes (or functionally equivalent technology), typically (but not necessarily) during hours of darkness. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. "Legal nonconforming sign" means a sign that complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to currently applicable law and rules. "Mobile billboard" means a sign on a wheeled conveyance (whether motorized or not) or water craft, including those which carry, convey, pull or transport any sign used for general advertising for hire. The term does not include vehicles and vessels that display identification information concerning the usual business or regular work of the vehicle/ vessel owner (not including general advertising). "Motor fuel price sign" means a sign of the type described and required by Business and Professions Code section 13530 et seq. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles, which may contain copy on more than one side. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. Murals or mural - type signs, including those described as artistic murals, shall be treated as any other sign subject to the signage area requirements. "Non-commercial message" means a constitutionally protected message that addresses topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. "Offsite sign" means a sign that advertises commercial products, accommodations, services, or activities not provided in or on the property or premises upon which it is located. The on-site/off-site distinction does not apply to non-commercial messages. "Onsite sign" means a sign that advertises the commercial business, accommodation, services, or activities provided on the premises on which the sign is located, or is expected to be provided in the near future, such as "coming soon" movie posters. In the case of developments subject to a master sign program, all establishments subject to the program are considered on - site whenever located within any location subject to the program. All establishments within a shopping center are on -site as to any sign(s) also located within that shopping center. The on- site/off-site distinction does not apply to non-commercial messages. Signs & Outdoor Advertising Displays 5 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) "Outdoors" means a location on undeveloped property or the exterior of a building or structure. "Parcels" or "property" or similar references or descriptions mean parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the Glossary of this Code. "Pennant" is a banner with three sides, or swallow -tail form. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. The term includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. The term does not include signs that are installed along the face of a building and that are completely attached to the face of a building. "Real Estate Sign" means any sign whose message concerns a proposed economic transaction involving real estate, including all signs described in Civil Code 713. "Residential Sign" means a sign displayed on a legal, individual dwelling unit. The term does not apply to management offices of apartment complexes or mobile home parks, or to hotels, motels, inns or other places of transient occupancy. "Responsible Party" means the permittee, property owner, or owner or person in charge of the sign. "Rooftop sign" or "Roof -mounted sign" means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. "Safety Codes" refers to the Building, Electrical, Plumbing, Grading, and similar codes which ensure safe construction. "Shopping center" shall mean a group of commercial buildings as defined in the Glossary. "Sign" as used in this Chapter, generally means the public display of any visually communicative image placed on public display and visible from the exterior of any portion of the public right of way or place open to passage by the public. Notwithstanding the generality of the foregoing, the term "sign" does not include: 1. Aerial banners towed behind aircraft; 2. Architectural features — decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples include color stripes around an office building or retail store); 3. Automated Teller Machines (ATM's), when not used for general advertising; 4. Cornerstones and foundation stones; 5. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter; 6. Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased; 7. Historical monuments, plaques and tablets; Signs & Outdoor Advertising Displays 6 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) 8. Holiday and cultural observance decorations displayed in season, including inflatable objects, on private residential property which are on display for not more than 45 calendar days per year (cumulative, per dwelling unit) and which do not include commercial messages; 9. Inflatable gymnasiums associated with legal residential uses — inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices (also called "party jumps" or "bounce houses"); 10. Interior graphics — visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof; 11. Manufacturers' marks — marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; 12. Mass transit graphics — graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city; 13. News racks, newspaper vending devices and newsstands; 14. Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel and the like, unless it constitutes a commercial mascot; 15. Safety warnings on motorized or electrified equipment; 16. Searchlights used as part of a search and rescue or other emergency service operation (this exclusion does not apply to searchlights used as attention attracting devices for commercial or special events); 17. Shopping carts, golf carts, horse drawn carriages, and similar devices (any motorized vehicle which may be legally operated upon a public right-of-way is not within this exclusion); 18. Symbols embedded in architecture — symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal, by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells and religious statuary; 19. Vehicle and vessel insignia — on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel. 20. Vending machines, automated intake devices and product dispensing devices which do not display off -site commercial messages or general advertising messages; 21. Window displays — the display of merchandise in a store window, when such merchandise is immediately available for purchase. "Signage" is the collective noun for all signs on a given parcel, lot or location, or within a stated classification; "Sign area" means that portion of a sign which consists of visually communicative copy, including the advertising surface and any framing, trim, or molding but not including the supporting structure, measured one side only, provided that the angle between faces for two- sided signs does not exceed 30 degrees. Signs & Outdoor Advertising Displays 7 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) "Sign copy" means the visually communicative elements, including but not limited to words, letters, numbers, designs, figures, or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter or message. "Sign face" means the portion of a sign that is available for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it may be placed. Those portions of the supports, uprights, or base of a sign that do not function as a sign shall not be considered as part of a sign face. "Sign height" means the vertical distance of a sign from the uppermost point used in measuring the sign area to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign. "Special Event" means an activity or event that occurs rarely or irregularly, is open to the public, and is of a duration not exceeding 7 days. Any event that is subject to a Temporary Use Permit will be considered within this definition. By way of example and not limitation, special events include circus or carnival runs, 4th of July Festival, Easter Egg Hunt, Relay for Life, Christmas Tree Lighting, parking lot sales at shopping centers and malls, holiday celebrations, Auto Heritage Day, etc. "Temporary message" means a message that pertains exclusively to an event which occurs on, or ends on, a particular day. "Temporary sign" means a sign that is constructed of lightweight or flimsy material, and is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure" under the Building Code is not within this definition. "Visibility triangle" means at the intersection of any two or more streets, that area extending horizontally 50 feet from the corner of the intersection and vertically, from a height of three feet to a height of eight feet. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. "Wall sign" means a sign that is attached to, erected against or painted on the wall of a building or other vertical structure. "Warning sign" means a sign that is posted to provide notice of danger, such as "Beware of Dog," "Railroad Crossing," "Danger High Voltage" or noting the location of underground utilities. "Window sign" means a sign that is painted or mounted on a window pane, or that is mounted within five feet of a window and oriented for viewing by exterior passersby. "Zone" refers both to the zone classifications given in 18.20.020, and to the specific areas or districts to which a given zoning classification applies. 18.47.050 Sign Permits, Other Sign -Related Decisions, Appeals. A. Sign Permit Generally Required. Unless exempted from the sign permit requirement, all signs regulated by this Chapter may be installed, maintained, erected, or displayed only pursuant to sign permit pursuant to this Chapter, and a finding of compliance is made by the Planning Division, using the design criteria identified in this Chapter and other Signs & Outdoor Advertising Displays 8 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) applicable regulations. A sign permit may be approved subject to conditions, so long as those conditions are required by this Chapter or some other applicable law, rule or regulation. B. Compliance Required. No permit shall be issued for any sign or sign structure except in compliance with the provisions of this Chapter. A sign permit may be subject to compliance with permitting requirements imposed by other sources of law, including the safety codes for building, electrical, plumbing, grading, etc. Where there is a conflict between the provision of this Chapter and other applicable regulations, the more restrictive shall apply. C. Right to Permit or Display. When any sign permit application is complete and fully complies with all applicable provisions of this Chapter, and all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time. In the case of signs which are exempt from the sign permit requirement, there is a right to erect, display, and maintain such signs as are authorized by this Chapter, subject to the applicable rules. This "right to permit" provision does not apply when the relevant city law is under active consideration for amendment at the time the application for a sign permit is submitted, or when the rules or regulations relevant to the application are changed prior to the expiration of the time for decision. D. Legally Existing Signs; Alterations. Signs legally existing prior to the effective date of this Chapter shall be exempt from the sign permit requirement unless a structural alteration is made, the sign area or any other point of nonconformity is enlarged or expanded, or there is some other change in the structural elements of the sign. Structural alterations and expansions require a sign permit. E. Review. All sign permit applications shall be initially reviewed by the Director. In the case of any discretionary permit in which signage is included, such as a master sign program, a specific plan including signs, a variance, or an appeal, the Director shall prepare a report for the body which shall hear the matter, the Planning Commission or City Council. The report may, but is not required, to include recommendations. F. Application for a Sign Permit. Any person seeking a sign permit for a sign shall submit to the Director a written application for such. The Director shall prepare a sign permit application form and provide it to any person on request, along with such other materials and information as applicants need to submit for a permit. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site; however, the Director may make separate decisions as to each sign. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the City Council. G. Application Contents. The sign permit application form may call for the following information: 1. Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number; when the applicant is not the holder of legal title to the property, consent to the installation of the sign by the person(s) or entities who hold legal title and the present right of possession and control of the property; when the sign is proposed to be installed by a sign contractor, the name, address, contact information, and the license number, if any, of the contractor; 2. As to the proposed location for the sign, multiple sets of a fully dimensioned Site Plan (drawn to scale) indicating the street address, Assessor's Parcel Number, zone classification, all property lines, public and private street lines (including center Signs & Outdoor Advertising Displays 9 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) lines), structures, easements, utility poles and wires, and the location and size (in square feet) of all existing and proposed signs; 3. As to existing signs already on parcel, information as to whether each is permitted or exempt from permitting; 4. Accurate and scaled building elevation showing existing and proposed building signs; including existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area; 5. A statement as to whether the sign is intended to be used in whole or in part for off -site commercial messages, advertising for hire or general advertising; 6. A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day -glow type colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays or other video -like methods; digital display technology; use of live animals or living persons as part of the display; mannequins or statuary; 7. A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application; 8. Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed; 9. In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process(es); 10. The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) days public notice. The Director is also authorized to request, require, or accept application materials, in whole or in part, in electronic form, and to specify the acceptable computer formats for such submissions. H. Completeness. As the first step in processing a sign permit application, the Director shall determine whether the application is complete. If the application is not complete, the applicant shall be so notified in person or in writing initially within 30 days of the date of receipt of the application; the notice of incompleteness shall state the points of deficiency and identify any additional information necessary. The applicant shall then have thirty (30) calendar days, to submit additional information to render the application complete. Disqualification. No sign permit application will be approved if: 1. The applicant has installed a sign in violation of the provisions of this Chapter and, at the time of submission of the application, each illegal or non -permitted sign has not been legalized, removed or a cure included in the application; 2. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application; Signs & Outdoor Advertising Displays 10 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) 3. The sign application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application; 4. The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application. J. Applications for Multiple Signs. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial. K. Discretion. When discretion is authorized for a master sign program or site plan review, that discretion may be exercised only as to location, structural and safety factors, and not as to message content, graphic design or artistic merit. Permissible factors for consideration include: style or character of existing improvements upon the site and lots adjacent to the site; construction materials; number and spacing of signs in the area; the sign's height, design, and location in relation to its proposed use; form, proportion, scale, overall sign size; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or facade or public view of historical or architectural significance; potential obstruction of views of users of adjacent buildings. L. Master Sign Programs. Permit applications for Master Sign Programs as part of planned commercial, office -professional and industrial development shall include the above information as part of a Site Development Plan or Specific Plan. When approval is sought for a development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this Chapter. In addition, when a development project will have 6 or more leased spaces, it must also comply with the Master Sign Program requirements set forth in Section 18.47.130. Such proposals may be reviewed by the Director and shall be decided by the Planning Commission. In preparing a report for the Planning Commission, the Director may, but is not required to, make recommendations. M. Revocation or Cancellation. The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirements of this Chapter, after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. However, opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety. N. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the Director upon written notice to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes but is not limited to omissions, errors or misrepresentations in the application materials, and oversights or errors in the processing thereof. O. Inspections. All signs subject to one or more safety permits (building, plumbing, electrical, grading, etc.) require final inspection and approval by the Building Official. P. Sign -Related Decisions. Challenges or objections to sign -related decisions, notices and orders, other than approval or denial of a sign permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and particularly state the matter challenged and the grounds therefore. Challenges shall be made to the Director within 30 days of the date of the decision, notice, and/or order. Challenges and objections to sign - related decisions not made in accordance with these procedures shall not be eligible for appeal. Signs & Outdoor Advertising Displays 11 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) Q. Levels of Review; Order of Review. Except for signs subject to initial review by the Planning Commission, initial review and decisions on all sign permit applications shall be by the Director unless otherwise stated herein; appeal is first to the Planning Commission and then to City Council. R. Safety Codes. When a proposed sign, by virtue of its physical, structural, location, and other non -message factors, is subject to any permits or requirements under the safety codes, then satisfaction of such requirements shall be a condition of the sign permit. S. Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall specifically state the grounds for denial. T. Timely Decision. At each level of review or appeal, the decision shall be rendered in writing within 30 calendar days. The time period begins running when an appeal, challenge, or objection is received, the application is complete (or is deemed complete because no notice of incompleteness has been given), an amendment is received, or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied; in the case of an appeal, the lower level decision shall be deemed affirmed. U. Appeal. Any decision regarding a sign permit application or other sign -related decision may be appealed by any affected person. Notices of Appeal and challenges and objections to sign -related decisions must be filed with the City Clerk within thirty calendar days of the decision; if City offices are not open on the thirtieth day, then the time period is extended to the next day City offices are open to the public. Appeals shall be heard by the Planning Commission. The decision of the Planning Commission may be appealed to the City Council pursuant to 18.12.060, as augmented by this Chapter. The appeal right arises at the earliest of: a) the date of the written decision that is delivered to the applicant, or b) the time for decision has run without a written decision. The Notice of Appeal, Objection, or Challenge must state specifically the matter appealed from and the grounds for appeal. Notices of Appeal must be signed by the appellant or their authorized agent, representative, or attorney. V. Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes an immediate threat to public safety. W. Judicial Review. Following final decision by the City Council, any affected person may seek judicial review of the final decision on a sign permit application or other sign -related decision pursuant to the applicable provisions of the California Code of Civil Procedure. X. Notices. Written notices by the City, required within this Chapter, shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee. 18.47.060 Signs Exempt From Sign Permit Requirement. The signs listed in this section are exempt from the requirement of prior approval (either by sign permit or site plan review), but still subject to the rules stated in this Chapter. When any residential sign meets the definition of "structure" in the Building Code, or is electrified, then compliance with all safety codes (building permits, electrical permits, etc.) is required. Signs may also be exempted from Signs & Outdoor Advertising Displays 12 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) the sign permit requirement by other sections of this Chapter, other chapters of this code, or other bodies of law. A. Residential Signs. All legal residential dwelling units are allowed a defined maximum cumulative display area, which is available at all times, subject to: 1. Physical types: residential signs may be free standing or mounted on doors, walls, or fences; flag poles not exceeding 25 feet cumulative of linear footage; roof - mounted signs are prohibited; 2. Permissible message types: any variety or combination of constitutionally protected noncommercial speech (including but not limited to political / election signs); real estate signs (must be removed not more than five days after the proposed economic transaction is completed, or the property goes off the market); garage sale signs compliant with the other provisions in the Municipal Code addressing garage sales which is currently set forth at Section 7.21.060; construction site signs; 3. Prohibited message types: commercial messages other than those specified in the preceding subsection; general advertising for hire; any message whose public display is illegal; 4. Maximum display area: 16 square feet per parcel at all times; except that during the Election Period, this allowance may be increased up to 32 square feet per parcel per street frontage visible from the public right of way. The maximum display area is the cumulative total of all signs that are subject to the area limit. Not included within with the cumulative total: indicators of street address and occupants' name(s), visual images mounted on the ground (i.e., door mats); 5. Illumination: special illumination of residential signs is prohibited; residential signs may be illuminated only by natural and legal ambient lighting; B. Construction Site Signs, subject to: 1. On single-family residential properties, construction site signs shall be no larger than 20 square feet per street frontage; 2. For all other construction projects: maximum display area for signs shall be no greater than 50 square feet per frontage; 3. Construction site signs must be removed prior to final inspection or before issuance of a certificate of completion or certificate of occupancy, as applicable; 4. Illumination: prohibited. C. Signs required or authorized by other bodies of law or court orders; D. Signs required by the fire department to designate fire lanes; E. Nameplate identification signs and combination name plates and address signs with letters that do not exceed three inches in height, are not illuminated, and do not exceed four square feet in area; F. Window signs that do not exceed 15% of the area of a window or 12 square feet, whichever is less; G. Warning signs such as "no parking," "watch dogs," "private property," and "security service" that are not illuminated, do not exceed one square foot in area each, and do not project over a public right-of-way. No more than three of these signs shall be allowed per premises; H. Bulletin boards, provided they do not exceed sixteen square feet in area, do not project over a public right of way, and are not illuminated; Signs & Outdoor Advertising Displays 13 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) 18.47.070 Prohibited Signs. The signs listed in this section are prohibited in all zones and at all times unless explicitly authorized or allowed by another provision of this Chapter, another chapter of the code, or other applicable law. 1. New billboards, conversion of existing billboards to digital or dynamic or tri-vision display, expansion of the display face of any existing billboard (except as authorized by state law), and the installation of an additional display face to an existing billboard structure; 2. Mobile billboards, but not including taxis or shuttle vehicles or public transportation vehicles that legally pass through the city; 3. Signs mounted on roofs, water towers, radio, television, or cell phone towers; 4. Signs mounted on fences; 5. Signs mounted on trees, bushes, or vegetation; 6. Signs placed on property (public or private) without consent of the property owner or other party holding the present right of possession and control; 7. Signs that obstruct any window, door, gate or opening used or required as a means of regular ingress or egress, legal light or ventilation, as a fire escape or other emergency access or escape; 8. Signs displayed on vacant or undeveloped lots; 9. Signs whose intensity of illumination or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a wheeled vehicle on adjoining public streets; 10. Signs mounted in such a manner as to obstruct the free flow of vehicular or pedestrian traffic; 11. Signs that are confusingly similar to authorized, official traffic and pedestrian control signs, even though they are in fact not traffic control signs; 12. Signs using animation, flashing, blinking, or intermittent light exceeding any of these operational parameters: a. Illumination equivalent to incandescent light bulbs of sixty watts maximum per bulb; b. Flashes or blinks more than 15 times per minute; c. Chaser lights; d. High intensity neon lights, tubes and flashing lights are prohibited on animated and flashing signs; e. Rotating beacon lighting elements. 13. Advertising or attention -getting devices that are inflatable, float in air or water, or are activated by wind or forced air; 14. Temporary signs displaying off -site commercial messages or used for general advertising for hire, unless required by state law; 15. Signs placed in the public right-of-way, unless explicitly allowed by Chapter 13.28. 16. Signs mounted on motor vehicles parked in the public right of way. 18.47.080 Permanent Signs. Unless specifically exempted herein, all permanent signs require a sign permit. The following three types of signs are categorically exempt from this sign permit requirement: 1) signs installed and displayed pursuant to court order, statutory Signs & Outdoor Advertising Displays 14 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) requirement or authorization; 2) signs on residential properties; 3) signs posted by any governmental entity in the execution of its official duties. A. Signs less than six square feet. The display on any non-residential parcel of any single sign or banner that is less than six square feet in area is allowed and is exempt from obtaining a sign permit. B. Directional Signs. Directional signs that do not exceed a total of three square feet in size per sign, and total area combined does not exceed nine square feet per parcel, are allowed, and are exempt from obtaining a sign permit. C. Freestanding Signs. A maximum of two freestanding or monument signs, not to exceed a total of one hundred square feet, are allowed, subject to a sign permit, for single- family subdivisions, multi -family developments, and mobile home parks. D. Flags. On residential land uses, a total of 24 square feet of flag area may be displayed at any and all times; on non-residential land uses, a total of 40 square feet of flag area may be displayed at any and all times. The number of flag poles is limited to cumulative linear footage as follows: 25 feet on residential lots and 35 feet on all other parcels or lots. Flag poles intended for permanent use are subject to appropriate building permits. E. Permanent Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones. Except in shopping centers (where special rules, stated in the next subsection, apply) and public assembly uses (to which special rules, stated below, apply), permanent signs may be installed on or along the face of a building in commercial zones and commercial uses in a mixed -use zone, and industrial or institutional zones, subject to the following: 1. Signs exceeding twenty five square feet in display area: a. Maximum number: one sign per establishment premise per frontage along a street, freeway, or parking lot; b. Sign area on the primary frontage shall not exceed 30 percent of the area of the building face or four square feet of sign for each linear foot of building face along that frontage, whichever is greater; c. Sign area on a secondary frontage shall not exceed 15 percent of the area of the building face or two square feet per linear foot of secondary frontage, whichever is greater; d. The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than 18 inches from a building face. 2. Permanent signs with 25 square feet or less of display area in Commercial, Industrial, Institutional, Mixed -Use and Multi -Family Zones: a. Location: only in windows or along the face of a building; b. Maximum total cumulative area: not exceeding ten percent of the wall or elevation on which the sign is placed; F. Permanent Signs in Shopping Centers. Permanent signs for establishments within a shopping center shall be limited to one per establishment premises per frontage on a common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of these signs shall conform with the standards specified for Permanent Signs in Commercial, Industrial, Mixed -Use and Institutional Zones (Subsection 18.47.080(E)) as well as standards that may be applied through any required City Council or Planning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan, or variance. Signs & Outdoor Advertising Displays 15 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) G. Public Assembly Uses. On property used for public assembly, with periodically changing programs, the following signs may be installed and displayed, subject to a sign permit: 1. Wall sign: one wall mounted sign not to exceed twenty square feet in area per street frontage or parking lot frontage; and 2. One freestanding changeable copy directory sign not to exceed six feet in height and twelve square feet in area per street frontage or parking lot frontage shall be allowed; 3. Provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant; 4. Number Limit: No more than two wall -mounted signs plus no more than two freestanding signs. H. Pole or Monument Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones. Pole -mounted or freestanding signs are allowed subject to a sign permit in the commercial and industrial zones and non-residential uses in a mixed -use zone, subject to: 1. Number Limit: Pole signs or monument signs shall be limited to one sign per frontage on street, freeway, or parking lot, and may include a cluster sign identifying individual businesses on the parcel(s); 2. Display Area Limit: a. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage; b. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage; 3. Location: Sign structures shall not be placed within the required setback area applicable to that zone, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 4. Height Limit: Pole signs may be 11/2 feet high for each 1-foot away from the centerline of the street on which the sign is located, but in no case exceeding: a. MXC 1 & MXD 1 zones - 50 feet; b. MXC 2 & MXD 2 zones - 50 feet. Signs exceeding 50 feet may be allowed if located near a freeway and approved by the Planning Commission as compatible with the other uses near the site; c. CA & CS zones - 50 feet. Signs exceeding 50 feet may be allowed, up to a maximum of 75 feet, if located near a freeway and approved by the Planning Commission as compatible with the other uses near the site; d. Industrial zones - 70 feet. e. Institutional zones — 50 feet. Rotating Signs in Commercial and Industrial Zones. Signs that rotate are restricted to no more than eight revolutions per minute. Rotating signs are allowable only in commercial and industrial zones. J. Projecting Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones. Projecting signs may be installed and displayed, subject to a sign permit, in all commercial, industrial, mixed -use, and institutional zones, subject to: 1. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D, below; 2. The maximum height of any projecting sign shall be 12 feet, and may project above any eave or parapet of less than 12 feet in height, but may not project inward over any such eave or parapet. Signs & Outdoor Advertising Displays 16 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) 3. Maximum display area for all sides: 32 square feet. 4. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. 5. Number limit: No more than one projecting sign shall be placed on each street frontage per business premises. 6. Qualification: A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 7. Design: Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. K. Digital Display Signs. Signs using digital display are allowed in the following zones: industrial, commercial, and mixed -use districts, subject to a sign permit, and subject to: 1. Maximum height: the same rule that would apply to the same sign if it were not using digital display; 2. Minimum requirement: digital display must be part of a master sign program; 3. Maximum display area: a. For properties that front on arterial roadways, the digital display portion of the sign structure shall not exceed 25% of the allowable display area; b. For properties that front on highways, the digital display portion of a sign shall not exceed 50% of the allowable display area; c. Maximum Number: No more than one sign using digital display may be permitted on a site. The electronic message display may be single -faced or double- faced. d. Signs using digital display may not project moving images or images that appear to move; each still image must be on display a minimum of 8 seconds; transitions between still images shall not exceed one second. e. Light Intensity: each sign using digital display shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 foot-candles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The city may modify or further restrict the intensity of any DAD display should the lighting create a distraction to drivers or an adverse effect on nearby residential property. f. Operational Hours: the digital display portion of any sign shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. g. Signs using digital display shall be shielded or the light intensity reduced as necessary to prevent annoying glare impacting surrounding properties. h. All new signs using digital display, which are not attached to a building, shall be mounted on one support column only. Signs using digital display may be located on the wall of a building, provided the sign does not obscure any of the building's windows, architectural features, or other architectural details. Signs & Outdoor Advertising Displays 17 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) j. No sign using digital display may be placed within one mile of another sign using digital display on the same side of a highway. No sign using digital display may be placed within 1000' of another digital display on any street. k. Signs using digital display are limited to noncommercial messages and onsite commercial messages; such signs may not be used as billboards or for purposes of general advertising for hire. 18.47.090 Temporary Signs. All temporary signs must have attached to them contact information for the persons and/or entities placing the signs on public display. Such information must include, at a minimum, the name of the person(s) and/or entities, and currently valid contact information such as phone number, mailing address, or email address. The purpose of this requirement is to give the City a way to contact persons who exceeded the time limit or other rules regarding display of certain signs, and give them an opportunity to cure the violation. The contact information must be in an easily readable, common typeface, such as Times New Roman, Garamond, Helvetica, Arial, or similar. Type size much be at least ten point. A. Construction Site Signs. Temporary signs may be installed and displayed on construction sites without permit, subject to: 1. The maximum total area for signs at single-family residential construction projects shall be 20 square feet per street frontage; 2. The maximum area of signage at other construction projects shall be 50 square feet per street frontage; 3. For any request for square -footage exceeding the limits set forth in Subsections A.1. and A.2., a temporary use permit is required, the granting or denial of which shall be based solely on objective criteria such as time, location, and size; 4. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. Temporary Signs Regarding Real Property Offered For Sale or Lease. Temporary signs may be installed and displayed on real property that is currently offered for sale or lease, or otherwise pursuant to Civil Code 713, without a sign permit, subject to: 1. A maximum of two temporary signs may be installed on developed or undeveloped property, with the following requirements and specifications for the sign: a. The maximum area of signage allowed by this section per parcel per street frontage in commercial, industrial, mixed -use, multi -family, or institutional zones shall be 50 square feet; b. These signs shall not be specially illuminated; c. Such signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary Signs for Special Events. Temporary signs may be installed and displayed when related to and for the duration of thirty (30) days prior and five (5) days after a special event, subject to: 1. Special Event Signs in Commercial, Industrial, Multi -family, Mixed -use and Institutional zones a. Temporary signs which do not cumulatively exceed 32 square feet in display area per street frontage, are allowed subject to a special event permit; Signs & Outdoor Advertising Displays 18 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Temporary signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.47.120 for restrictions on flags and banners.) D. Temporary Signs in Residential Zones. Refer to Section 18.47.060 for signs in residential zones. 18.47.100 Vehicle Signs. Buses and taxis that legally traverse the public streets may display advertising; however, mobile billboards are prohibited on public streets and parking spaces. 18.47.110 Murals. Murals or mural -type signs, including those described as artistic murals, shall be treated as any other sign subject to signage area requirements. 18.47.120 Flags, Banners, and Pennants. Permit required: All banners require the approval of the planning division. In order to obtain approval, see application and drawings required at the city planning division. A. Auto Sales Lots. These provisions apply to all motor vehicle sales. Flags, banners, and pennants may be displayed on automobile sales lots without time limitation or site plan review, provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of twenty-five feet above the ground; 4. Displays may not be used in place of a permanent sign. B. Other Commercial and Industrial Uses. Flags, banners, and pennants may be displayed on other commercial and industrial uses for a cumulative period of sixty days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated city enforcement costs in causing the applicant to remove flags or banners shall be paid to the city treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of commercial flags, banners, and pennants, except for displays on auto sales lots: 1. Must be removed by the owner or occupant within fifteen days after a determination by the city manager or that the display is improperly maintained or the flag, banner or pennant is tattered or worn; 2. Shall not be larger than forty square feet (cumulative of all visible copy/image areas); 3. Shall not be displayed in lieu of a permanent sign; 4. Shall not be placed on a roof, placed in required yard areas, or landscaped areas; 5. Must be compatible with the primary building's appearance; Signs & Outdoor Advertising Displays 19 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) 6. Violation of the time limits shall render the site ineligible for issuance of a permit for display of a flag, banner or pennant for a period of one year from the date that the violation is abated; 7. The restrictions of this section shall also apply to signs and banners located within the first eight feet of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 18.47.130 Master Sign Programs. Purpose and Applicability. The purpose of the master sign program provisions is to provide a coordinated approach to signage for National City's business districts, which include but not limited to the Harbor District, Downtown, Mile of Cars, and Plaza Bonita. Whenever a development project will have 6 or more separately leased spaces, then a master sign program is required. A. Approval. A master sign program shall require the approval of the planning commission and the city council, after considering the proposed design standards. B. Design Standards. Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property. C. Effect of Master Sign Program. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program. 18.47.140 Nonconforming Signs; Abandoned Uses. Signs that were legal when first installed, and which have not been modified or expanded in a manner that was illegal at the time of modification or expansion, may continue in use, so long as there is no modification or expansion which violates the regulations of this Chapter. If the size or configuration of a parcel or building is changed by the subdivision or splitting of the property or alterations to the building or parcel, property identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels, at the time such change becomes effective. Nonconforming signs shall be removed or made conforming when the business or property changes occupancy or ownership. A. Change of Land Use / Nonconforming Signs. When there is a change in the use of land upon which are located signs that do not conform to this Chapter, then all signs on the parcel, lot, or leasable space must be brought into conformance with this Chapter and all other applicable laws, rules, regulations and policies. B. Abandoned Site or Building. When the use of any parcel or building is vacated, terminated, or abandoned for any reason for a period of more than ninety consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty days following notice from the city. Removal, painting out, or obliteration shall be performed in a manner that does not create a blighting influence. Any sign that relates or pertains to an establishment that is not actually operating on the same site for a period of ninety (90) or more consecutive calendar days shall be considered abandoned. Legal nonconforming use rights are extinguished when a sign qualifies as abandoned. Signs & Outdoor Advertising Displays 20 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) 18.47.150 Safety, Maintenance, and Refacing. A. Safety Codes — Compliance Required. All signs must comply with the applicable Uniform Building, Mechanical, Electrical Codes, and other safety codes adopted by the City. Safety Code Permits for installation shall be obtained, when required, prior to any installation, from the director of building and safety. B. Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within thirty days from the date of notification from the City. All permanent signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within fifteen days from the date of notification from the city. C. Refacing. Changing the copy or refacing of a sign shall require a sign reface permit. No consideration of message content shall occur. The purpose is to maintain an inventory of signs. 18.47.160 Enforcement and Removal. A. Public Nuisance. All violations of this Chapter are declared to constitute public nuisances which may be abated by any method provided by law. B. Enforcement. Each day of violation or non-compliance with these regulations shall be deemed as a separate offense and subject to all remedies available at law. Legal procedures and penalties shall be in accordance with the enforcement procedures established by the municipal code or state law. C. Illegal Signs. Illegal signs may be abated by the City in accordance with its Municipal Code, state law, including but not limited to Business and Professions Code 5499.1 et. seq., or state law on abatement of public nuisances, or as otherwise provided by law. D. Summary Abatement — Safety Hazards. If any sign is an immediate threat to the public health and safety by virtue of the physical condition of the sign structure, said sign may be immediately and summarily removed with the cost of such removal charged to the property owner in accordance with this Chapter. E. Notice of Violation. Whenever any sign or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal sign and/or is erected or maintained in violation of this Chapter, the Director shall give written notice to all Responsible Parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal or replacement by a specific date. The notice shall advise the permittee, owner, or person in charge of the sign of the hearing rights established by this Chapter. The date for removal specified in the written notice shall not be less than ten (10) days from the date of the mailing of the notice. The responsible party receiving notice may request a hearing as detailed in 18.47.050. F. Removal of Uncured Violations. Whenever the Responsible Parties fail to comply with an order of the Director made pursuant to this Section, and the time for cure has elapsed without the cure being effected, the Director may remove the sign, or order it removed, either by the City's own force or by a private party under contract. The expense of the removal may be charged, jointly and severally, to any and all responsible parties. Such amount shall Signs & Outdoor Advertising Displays 21 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) constitute a debt owed to the City. No permit shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the City in collection of the costs shall be added to the amount of the debt. G. Cumulative Remedies. The provisions of this Section are alternative and additional remedies for the enforcement of this Chapter. Nothing in this Section shall preclude the City from enforcing the provisions of this Chapter by any other criminal, civil, or administrative proceeding. 18.47.170 Severability. The city council declares that the judicial invalidity of any subsection or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter. PASSED and ADOPTED this day of , 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Signs & Outdoor Advertising Displays Ron Morrison, Mayor 22 Ordinance No. 2015 - NCMC Chapter 18.47 (Date) CC/CDC-HA Agenda 6/2/2015 — Page 431 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Sections 15.70.010, 15.70.020, 15.70.025, 15.70.065, 15.70.075, and 15.70.140 of Chapter 15.70 (Grading). (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending the Nationai City Municipal Code by amending Sections 15.; 0.010, 15.70.020, 15.70.025, 15_70.065, 15.70.075, and 15.70.140 of Chapter 15.70 (Grading). (Engineering/Public works) PREPARED BY: Step en Manganieiio, City Engineer PHONE: Al 9-336 4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: L`6vw^o: ace ordinance x FINAL ADOPTION: BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wi summary of changes 2. Ordinance with strikeout 3. Proposed Ordinance DEPARTMENT: Engineering/Public yis Work* � ..:43ii�'.. iiiv�aoJ APPROVED BY: 'Midi ittigt4 APPROVED: APPROVED: Finance MIS Explanation An introduction of an Ordinance of the City Council of the City of National amending the National City Municipal Code by amending Sections 15.70.010, 15.70.020, 15.70.025, 15.70.065, 15.70.075, and 15.70.140 of Chapter 15.70 (Grading). in 2008, the City of National City (City) updated the Storm Water Management and Discharge Control Ordinance (Municipai Code 14.22), the Grading Ordinance (Municipal Code 15.70), and the Jurisdictional Urban Runoff Management Pr^ram (JUR ,�P) d L " �� 1 1 ia��uiiieir� a'S required by the San Dipeo rf,Y'�lf1f 1:11 111%�"fer Quality Control Board (RWQCB) Order No. R9-2007-0001 (Municipal Permit). This permit is reissued every few years and requires municipalities to develop and implement a storm water management plan/program with the goal of reducing the discharge of pollutants to the maximum extent practicable. An updated Municipal Permit was adopted on May 8, 2013 (Order No. R9-2013-0001) and later amended by the RWQCB on February 11, 2015. The 2013 Municipai Permit changed the name of the storm water management program to "Jurisdictional Runoff Management Program" (JRMP) and mandated updates to reflect new requirements. The proposed amendments to the Ordinances will provide the legal authority to support the program changes. A 24-month transitional period is allowed for updates to the program and amendments to the Ordinances. As required by the Municipal Permit, the JRMP will take effect on July 1, 2015, the beginning of fiscal year 2016. Since the City is proposing to enact an ordinance to implement the requirements of the 2013 Municipal Permit and the City has no discretion in this regard, the proposed action is not a project subject to review under the California Environmental Quality Act (CEQA). Section 15050(c)(1) of the State CEQA Guidelines provides that only those actions involving the exercise of discretionary powers are projects within the meaning of CEQA. If the action is a project subject to CEQA review, it would be exempt from CEQA review pursuant to Public Resources Code § 21080.5 as part of a certified regulatory program. The Basin Plan and Water Quality Control Plans implemented by the 2013 Permit are certified regulatory programs within the meaning of Public Resources Code section 21080.5. (14 Cal. Code Regs. § 15251(g).) The 2013 Municipal Permit is functionally a portion of the RWQCB administered regulatory program and as such is exempt from CEQA review by Public Resources Code § 21080.5. (Water Code § 3775.) The proposed action is further exempt from CEQA review by and pursuant to Sections 15301, 15307, and 15308 of the 5.:o..te CE G. Guidelines. Section 15301 exempts from CEQA review the "operation, repair; maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination" by amending the Storm Water Management and Discharge Control Ordinance in accordance with the 2013 Municipal Permit, the City is taking a necessary step to allow for the continued operation of its existing M54. As such, the proposed action is exempt from CEQA review pursuant to Section 15301 of the State CEQA Guidelines. Sections 15307 and 15308 of the State CEQA Guidelines collectively exempt actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, and protection of a natural resource or environment where the regulatory process involves procedures for protection of the environment. The Storm Water Management and Discharge Control Ordinance is being enacted to help protect the beneficiai uses of waters of the United States and State receiving waters in the manner required by the 2013 Municipal Permit. The 2013 Municipal Permit and resultant provisions in the Storm Water Management and Discharge Control Ordinance include procedures fnr the nrntecrinn of tiie environment. rhesc includc rcgw„�.,,.,,.. nts c, m. _:t__:__ - ,-' ---•.- -� ---_ ..,....,.. ...... e..r a.....yu,. a. ur�e:�,to /ve niW nevi ur4, l'ICpVl Lfllg, and enforcement to ensure actions taken to protect natural resources and the environment are effective. The proposed action is, accordingly, exempt from CEQA review by Sections 15307 and 15308 of the State CEQA Guidelines. The amendments to the Storm Water Management and Discharge Control Ordinance (Municipal Code 14.22) and Grading Ordinance (Municipal Code 15.70) to address the requirements of the Municipal Permit are summarized below. Grading Ordinance 15.70.020 Appendix J of the 2013 California Building Code, Section 1102 "Definitions" Amended. Definitions were revised as needed for consistency with the definitions and terms used in the Municipal Permit. Definitions were deleted for terms that are no longer referenced in the ordinance and newly added terms were defined. 15.70.140 Appendix J of the 2013 California Building Code, Section J110 "Erosion Control," Subsection 3 "Storm Water Erosion and Sediment" --Added. Similar to Chapter 14.22, specific BMPs were removed from this chapter and instead a reference to the City's BMP Manual was included for minimum BMP requirements for construction sites. Revised the erosion and control system standard requirements and added post -project BMP maintenance and repair requirements. Previously, it was stated that "a site is considered inactive if construction activities have ceased for a period of ten or more consecutive days." This definition has been changed to a period of 14 or more consecutive days of inactivity to be consistent with the requirements of the State's Construction General Per alit. This should prevent confusion of site operators/owners whose training typically refers to the State's permit requirements. ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTIONS 15.70.010, 15.70.020, 15.70.025, 15.70.065, 15.70.075, AND 15.70.140 OF CHAPTER 15.70 (GRADING) The City Council of the City of National City does ordain as follows: Section 1. Sections 15.70.010, 15.70.020, 15.70.025, 15.70.065, 15.70.075, and 15.70.140 of Chapter 15.70 of Title 15 are amended, as follows: 15.70.010 Purpose. The purpose of this chapter is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water run-off are regulated to reduce, to the maximum extent practicable (MEP), pollutants entering the MS4 and receiving waters to protect water quality. 15.70.020 Appendix J of the 2013 California Building Code, Section J102 "Definitions" —Amended. For the purposes of this chapter, the following definitions supplement, or modify certain definitions in Appendix J of the 2013 California Building Code, Section J102. All other definitions listed in the 2013 Building Code shall remain applicable. APPROVAL - The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. AUTHORITY HAVING JURISDICTION - means the City Engineer of the City of National City, or designee. BEST MANAGEMENT PRACTICES (BMPS) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. "Erosion and sediment control measures" are BMPs. BMP MANUAL- shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. BUILDING OFFICIAL - means the City Engineer or designee. CIVIL ENGINEER - means a professional engineer registered in the State of California to practice in the field of civil engineering as defined in Section 6731 of the California Business and Professions Code. He or she is the person directly responsible for the project design, plan certification, and construction supervision. CITY - means the city of National City. DEVELOPMENT - means new development or redevelopment with land disturbing activities, construction, or installation of a structure, the creation of impervious surface or land subdivision. DISCHARGE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. DRAINAGE PLAN - means a plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a registered civil engineer, an architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineer. If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. EROSION AND SEDIMENT CONTROL PLAN - means a plan prepared and signed and stamped/sealed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control measures. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of run-off at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION AND SEDIMENT CONTROL SYSTEM - means any combination of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE - means the vertical location of the ground surface, in relation to a National City benchmark elevation. LAND DISTURBANCE ACTIVITY - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. MAXIMUM EXTENT PRACTICABLE (MEP) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. MS4 PERMIT - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. NON -STORM WATER DISCHARGE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. PERMITTEE - means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity, which submits an application for a permit pursuant to this Chapter. POLLUTANT - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. POLLUTION - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. PRIORITY DEVELOPMENT PROJECT - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. RAINY SEASON - means the period beginning October 1st and ending April 30th in the next calendar year. The remainder of the year is the dry season. Ordinance 2015- 2 NCMC Chapter 15.70 Grading RETAINING WALL PLAN - means a plan prepared by a registered civil engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in excess of 3 feet (3') in height, measured from the top of the footing, to the top of the wall, and for walls less than or equal to 3 feet (3') in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. RUN-OFF - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. STATE - means the State of California. STATE CONSTRUCTION GENERAL STORM WATER PERMIT - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. STORM WATER - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATER QUALITY STANDARDS - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATERS OF THE STATE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATERS OF THE UNITED STATES - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATERCOURSE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. 15.70.025 Hazards and safety precautions. If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The Permittee shall be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from Permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the city engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. The Permittee shall incur cost associated with any work outlined in this section. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any public way, or create an Ordinance 2015- 3 NCMC Chapter 15.70 Grading unreasonable hazard to person or property, or cause or contribute to an exceedance of State water quality standards, or fail to reduce pollutants from the site to the MEP. 15.70.065 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals," Subsection J104.6 "Regular grading and retaining wall construction requirements" —Added. Section J104.6 is added to the 2013 California Building Code to read as follows: J104.6 Regular Grading and Retaining Wall Construction Requirements. Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity, to indicate the nature and extent of the work, as well as supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. All grading plans shall be prepared and signed and stamped/sealed by a registered civil engineer and by a registered soil engineer, or registered civil engineer competent in soils engineering. The plans shall include the following information: 1. Location of work; 2. Name of the person who prepared the plans; 3. General vicinity of the proposed site; 4. Limiting dimensions and depth of cut and fill with input and export values; 5. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (15') of the proposed grading; 6. All other relevant information listed in the plan checklists as developed by the City Engineer. The City Engineer may waive the requirement for a grading permit when the proposed grading is on a single lot or parcel not proposed for further subdivision and in the opinion of the City Engineer, the proposed grading entails no hazard to any adjacent property, does not necessitate construction of extensive drainage structures or erosion and sediment control facilities, and does not interfere in any way with existing natural or improved drainage courses or channels. A retaining wall less than or equal to three feet (3') in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building shall be exempt from a grading permit. However, the construction of said retaining wall shall comply with the Regional Standard Drawings, and is subject to inspection by the City Engineer or his/her designee. Ordinance 2015- 4 NCMC Chapter 15.70 Grading 15.70.075 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals," Subsection J104.8 "Conditions" —Added. Section J104.8 of the 2014 California Building Code is added to read as follows: A. Standards. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Public Works Inspection Manual (latest adopted edition), the Standard Specifications for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. B. Water Quality. It shall be a condition of every permit issued under this chapter that the Permittee shall comply with all the provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code. C. Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. D. Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan in accordance with the requirements of the City's BMP Manual and designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. E. Priority Development Project Determination Form. A determination form as created by the City Engineer shall be submitted with plans. 15.70.140 Appendix J of the 2013 California Building Code, Section J110 "Erosion Control," Subsection 3 "Storm Water Erosion and Sediment" —Added. Subsection J110.3 is added to the 2013 California Building Code to read as follows: J110.3 Stormwater Erosion and Sediment. A. Plans for an erosion and sediment control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion and sediment control system shall comply with the requirements of the latest State Ordinance 2015- 5 NCMC Chapter 15.70 Grading general construction stormwater permit (NPDES Permit No. CAS000002) and any amendments thereto; the MS4 Permit; the City's Storm Water Management and Discharge Control Ordinance (Chapter 14.22), and this chapter to satisfy the requirements for erosion and sediment control and to eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address, and signature of the Civil Engineer or person who prepared the plan; 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion and sediment control system standards shall be as follows: 1. Erosion and sediment control BMPs shall be implemented as required by the City's BMP Manual. 2. The Permittee or owner shall be responsible for control of erosion and sediment on all areas of grading until acceptance of the completed grading by the City Engineer. This responsibility extends to completed and occupied lots. 3. No earth or organic material shall be deposited or placed where it may be directly carried into a stream or body of standing water. 4. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the Ordinance 2015- 6 NCMC Chapter 15.70 Grading project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 5. At any time of year, an inactive area shall be fully protected from erosion and discharges of sediment. An area is considered inactive if construction activities have ceased for a period of 14 or more consecutive days. 6. BMP Implementation. The Permittee shall implement the BMPs necessary to reduce discharges of pollutants in storm water from construction sites to the MEP, and effectively prevent non -storm water discharges from construction sites into the MS4 in accordance with the BMP Manual. The BMPs shall be site specific, seasonally appropriate, and construction phase appropriate. BMPs shall be implemented at each construction site year round. If the project is subject to post -construction BMP requirements for Priority Development Projects described in the BMP Manual, the Permittee shall ensure that post -construction structural BMPs are installed per plans and maintenance is established. 7. BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project. 8. No grading shall be allowed from October 1st through the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the Permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 9. Establishment of Permanent Vegetation. a. General. The face of all cut and fill slopes, in excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City Engineer may approve other plant materials as specified by a Ordinance 2015- 7 NCMC Chapter 15.70 Grading landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. b. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2 1/4 inch pots or trees having a one (1) gallon minimum size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. c. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. d. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion and sediment control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion and sediment control measures such as erosion control mats or blankets shall be installed on the slopes. 10. Irrigation System Requirements. a. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Permittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope less than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. b. Minimum Requirements (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system Ordinance 2015- 8 NCMC Chapter 15.70 Grading shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 11. Waiver of Planting and Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 12. State Construction General Storm Water Permit Requirements. a. Notice of Intent. Permittees required to comply with the State construction general storm water permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number for the site, and a copy of the Notice of Intent filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan (SWPPP). Permittees required to prepare a SWPPP under the State construction general storm water permit must prepare the SWPPP, implement the SWPPP, and maintain it at the site, readily available for review. Failure to comply with an applicable State -required SWPPP is a violation of this chapter. c. Facility Monitoring. Permittees required to conduct monitoring under the State construction general storm water permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by the city engineer. Section 2. The proposed action is not a project subject to review under the California Environmental Quality Act (CEQA) because this ordinance is to implement other agency requirements and the City has no discretion regarding the permit requirement. Section 15O6O(c)(1) of the State CEQA Guidelines provides that only those actions involving the exercise of discretionary powers are projects within the meaning of CEQA. Even if the action is a project, it is exempt from CEQA review pursuant to Public Resources Code § 21080.5 as part of a certified regulatory program. The Basin Plan and Water Quality Control Plans implemented by the 2013 Permit are certified regulatory programs within Ordinance 2015- 9 NCMC Chapter 15.70 Grading the meaning of Public Resources Code section 21080.5. (14 Cal. Code Regs. § 15251(g).) The 2013 Municipal Permit is functionally a portion of the RWQCB administered regulatory program and as such is exempt from CEQA review by Public Resources Code § 21080.5. (Water Code § 3775.) Moreover, the proposed action is also exempt from CEQA review by and pursuant to Sections 15301, 15307, and 15308 of the State CEQA Guidelines. Section 15301 exempts from CEQA review the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination". Amending the Storm Water Management and Discharge Control Ordinance in accordance with the 2013 Municipal Permit, the City is taking a necessary step to allow for the continued operation of its existing MS4. As such, the proposed action is exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines. Sections 15307 and 15308 of the State CEQA Guidelines collectively exempt actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, and protection of a natural resource or environment where the regulatory process involves procedures for protection of the environment. The Ordinance is being enacted to help protect the beneficial uses of waters of the United States and State receiving waters in the manner required by the 2013 Municipal Permit. The 2013 Municipal Permit and resultant provisions in the Ordinance include procedures for the protection of the environment, including requirements for monitoring, reporting, and enforcement to ensure actions taken to protect natural resources and the environment are effective. The proposed action is, accordingly, also exempt from CEQA review under Sections 15307 and 15308 of the State CEQA Guidelines. PASSED and ADOPTED this day of , 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance 2015- 10 NCMC Chapter 15.70 Grading CC/CDC-HA Agenda 6/2/2015 — Page 445 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 14, Chapter 14.22, Storm Water Management and Discharge Control of the National City Municipal Code. (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance cf the City Council cf the City of National City amending Title 14, Chapter 14.22, Storm Water Management and Discharge C'ontroi of the Nationai City Municipai Code. PREPARED BY: Stephen Mandaniello, City Engineer DEPARTMENT: ; n+ineeri g/Public Works PHONE, 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ summary of changes 2. Ordinance with strikeout 3. Proposed Ordinance Explanation An introduction of an Ordinance of the City Council of the City of National City amending Title 14, Chapter 144.22,, Storm Water Management and Discharge Control In 2008, the City of National City (City) updated the Storm Water Management and Discharge Control Ordinance (Municipal Code 14.22), the Grading Ordinance (Municipal Code 15.70), and the Juricdictinna! Urban Runott Management Program (JURMP) document as required by the San Diego Regional Water Quality Control Board (RWQCB) Order No. R9-2007-0001 (Municipal Permit). This Hermit is reissued every few years and requires municipalities to develop and implement a storm water management plan/program with the goal of reducing the discharge of pollutants to the maximum extent practicable. An updated Municipal Permit was adopted on May 8, 2013 (Order No. R9-2013-0001) and later amended by the RIA1QCB on February 11, 2015. The 2013 Municipal Permit changed the name of the storm water management program to "Jurisdictional Runoff Management Program" (JRMP) and mandated updates to reflect new requirements. The proposed amendments to the Ordinances will provide the legal authority to support the program changes. A 24-month transitional period is allowed for updates to the program and amendments to the Ordinances. As required by the Municipal Permit, the JRMP will take effect on July 1, 2015, the beginning of fiscal year 2016. Since the City is proposing to enact an ordinance to implement the requirements of the 2013 Municipal Permit and the City has no discretion in this regard, the proposed action is not a project subject to review under the California Environmental Quality Act (CEQA). Section 15060(c0(1) of the State CEQA Guidelines provides that only those actions involving the exercise of discretionary powers are projects within the meaning of CEQA. If the action is a project subject to CEQA review, it would be exempt from CEQA review pursuant to Public Resources Code § 21080.5 as part of a certified regulatory program. The Basin Plan and Water Quality Control Plans implemented by the 2013 Permit are certified regulatory programs within the meaning of Public Resources Code section 21080.5. (14 Cal. Code Regs. § 15251(g).) The 2013 Municipal Permit is functionally a portion of the RWQCR administered regulatory program and as such is exempt from CEQA review by Public Resources Code § 21080.5. (Water Code § 3775.) The proposed action is further exempt from CEQA review by and pursuant to Sections 15301, 15307, and 15308 of the State CEQA Guidelines. Section 15301 exempts from CEQA review the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the iead agency's determination" by amending the Storm Water Management and Discharge Control Ordinance in accordance with the 2013 Municipal Permit, the City is taking a necessary step to allow for the continued operation of its existing MS4. As such, the proposed action is exempt from CEQA review pursuant to Section 15301 of the State CEQA Guidelines. Sections 15307 and 15308 of the State CEQ,4 Guidelines collectively exempt actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, and protection of a natural resource or environment where the regulatory process involves procedures for protection of the environment. The Storm Water Management and Discharge Control Ordinance is being enacted to help protect the beneficial uses of waters of the United States and State receiving waters in the manner required by the 2013 Municipal Permit. The 2013 Municipal Permit and resultant provision in the Storm Water Management and Discharge Control Ordinance include procedures for the protection of the environment. These include requirements for monitoring, reporting, and enforcement to ensure actions taken to protect natural resources and the environment are effective. The proposed action is, accordingly, exempt from CEQA review by Sections 15307 and 15308 of the State CEQA Guidelines. The amendments to the Storm Water Management and Discharge Control Ordinance (Municipal Code 14.22) and Grading Ordinance (Municipal Code 15.70) to address the requirements of the Municipal Permit are summarized below. Storm Water Management and Discharge Control Ordinance 14.22.020 Purpose and intent. The language of this section was streamlined to clearly state the chapter's purpose. 14.22.030 Definitions Definitions were revised as needed for consistency with the definitions and terms used in the Municipal Permit. Definitions were deleted for terms that are no longer referenced in the ordinance and newly added terms were defined. More significantly, the definition of an illegal discharge was updated to include the example of irrigation runoff discharges. 14.22.040 General provisions. Text was updated to clearly establish support for the implementation and enforcement of the City's BMP Manual, which includes the BMP Design Manual, and to eliminate some unnecessary or repetitive anmiriisrrasive !?nguage. Relocated Subsection H, "Guidance Oocurnents", to Section .1.4.22.070. 14.22.060 Discharge prohibitions. Includes updates to the types of discharges prohibited under the 2013 Municipal Permit, such as discharges from irrigation runoff. 14.22.070 Exemptions to discharge prohibitions. Includes updates to the types of conditionally allowed discharges under the 2013 Municipal Permit and the specific conditions that must be met in order for these types of discharges to be permitted. 14.22.080 Best management practice requirements for all dischargers. Eliminated specific BMPs and instead included reference to the City's BMP Manual, which will contain the minimum BMPs requirements for industrial/commercial/municipal/residential facilities and for construction and development projects. This is the recommended format, since if BMP requirements must be modified, revisions can be made to only the BMP Manual, which should avoid the need for additional Municipal Code amendments. SWPPP requirements were also removed since this information will be covered by the BMP Manual. Subsections E, F, and G were deleted from this section since this information will be included in the Illicit Discharge Detection and Elimination section of the City's updated Jurisdictional Runoff Management Program document. 14.22.090 Additional requirements for land disturbance activity. Eliminated specific BMPs and instead included reference to the City's BMP Manual. 14.22.100 Additional requirements for all land development and redevelopment projects. Eliminated specific BMPs and instead included reference to the City's BMP Manual. 14.22.110 Maintenance of BMPs. Added Subsection H, "Assurance of Maintenance for Land Development Projects", which establishes the requirement for development project proponents to provide the City with proof of long-term maintenance plans for structural post -construction BMPs. 14.22.120 Inspection and sampling. Rephrased language regarding access to structural BMPs for clarity. Removed reference to easements since verbal or written permission is sufficient for granting City staff or contractors access to structural post -construction BMPs when needed. 14.22.140 Enforcement Authority. Removed Section 14.22.140, since enforcement authority is covered under Section 14.22.160, "Penalties"- ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CHAPTER 14.22 (STORM WATER MANAGEMENT AND DISCHARGE CONTROL) OF THE NATIONAL CITY MUNICIPAL CODE IN ITS ENTIRETY The City Council of the City of National City does ordain as follows: Section 1. Title 14, Chapter 14.22, of the National City Municipal Code is hereby amended in its entirety to read as follows: Chapter 14.22 STORM WATER MANAGEMENT AND DISCHARGE CONTROL* Sections: 14.22.010 Title. 14.22.020 Purpose and intent. 14.22.030 Definitions. 14.22.040 General provisions. 14.22.050 Watercourse protection. 14.22.060 Discharge prohibitions. 14.22.070 Exemptions to discharge prohibitions. 14.22.080 Best management practice requirements for all dischargers. 14.22.090 Additional requirements for land disturbance activity. 14.22.100 Additional requirements for all land development and redevelopment projects. 14.22.110 Maintenance of best management practices. 14.22.120 Inspection and sampling. 14.22.130 Enforcement. 14.22.140 Enforcement authority. 14.22.150 Other acts and omissions that are violations. 14.22.160 Penalties 14.22.170 Restrictions and conditions on issuance of ministerial and discretionary development permits. 14.22.010 Title. This chapter shall be known as the "National City Storm Water Management and Discharge Control Ordinance," and shall be so cited. 14.22.020 Purpose and intent. The purposes of this chapter are as follows: A. To establish requirements for discharges into the MS4, receiving waters, and the environment; B. To protect, to the maximum extent practicable (MEP), life, property, receiving waters, aquatic life, and the environment from loss, injury, degradation, or damage by discharges from within the City's jurisdiction; C. To protect the stormwater conveyance system from damage; and D. To meet the requirements of state and federal law and the MS4 Permit. 14.22.030 Definitions. When used in this chapter and reference documents (including the Best Management Practices Manual), the following terms shall have the meanings ascribed to them in this section: "Authorized enforcement official" means the city manager of the city of National City or any designee of the city manager who is responsible for enforcing the provisions of this chapter, including but not limited to, the directors, their management staff, and designees. "Authorized enforcement staff" means any city employee or contractor hired by the city who is assigned to duties involving permits and other city approvals, inspections, or enforcement related to this chapter. "Best management practices" (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, pollution treatment practices or devices, and other management practices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to storm water, the MS4, or to receiving waters. BMPs also include, but are not limited to, treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage. "BMP Manual" or "Manual" means the city's Best Management Practices (BMP) Manual described in Section 14.22.040.0 of this chapter, adopted by resolution as part of the city's Jurisdiction Runoff Management Program, which also includes the City's BMP Design Manual. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. "City" means the City of National City. "Contamination" as defined in the Porter -Cologne Water Quality Control Act, is "an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. 'Contamination' includes any equivalent effect resulting from the disposal of waste whether or not waters of the State are affected. "Developer" means a person who seeks or receives permits for or who undertakes land development activity. "Development project" means new development or redevelopment with land disturbing activities, construction, or installation of a structure, the creation of impervious surface or land subdivision. "Development project proponent" means developer. "Directors" means the director of development services. "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water or to allow storm water or non -storm water to directly or indirectly enter the MS4 or receiving waters, from an activity or operations which one owns or operates. When used as a Ordinance No. 2015- 2 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control noun, "discharge" means the pollutants, storm water and/or non -storm water that is discharged. "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the MS4 or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights -of -way. "Erosion" refers to any process in which land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, road building, and timber harvesting. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated. "Illegal connection" means a pipe, facility, or other device connected to the MS4 or receiving waters, which has not been reviewed and authorized by the city; or a permitted/authorized pipe, facility, or other device, which conveys illegal discharges. "Illegal discharge" means any discharge to the MS4 or receiving water that is prohibited by this chapter. This includes, but is not limited to, discharges of non -storm water that are not exempt discharges listed in Section 14.22.070, discharges of irrigation runoff to the MS4, and any discharges that contain additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a NPDES permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES permit are illegal discharges for the purposes of this chapter unless compliance with all applicable permit and SWPPP conditions is maintained. "Impervious surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways. "Land development activity" means construction, rehabilitation, redevelopment, or reconstruction of any public or private projects. "Land disturbance activity" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling, or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity or the original purpose of the facility, nor does it include emergency construction activities or maintenance activities required to protect public health and safety. "Land owner" means the holder of legal title to the land and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long-term lease. "Maximum extent practicable" (MEP) is an acceptability standard for BMPs. When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still Ordinance No. 2015- 3 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control practicable. A BMP is effective if it prevents, reduces, or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as storm water regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. "MS4 permit" means RWQCB Order No. R9-2013-0001, NPDES No. CAS0109266, as may be amended. "Municipal separate storm sewer system" (MS4) is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (1) owned or operated by the City having jurisdiction over disposal of storm water; (2) designated or used for collecting or conveying storm water; (3) which is not a combined sewer; (4) which is not part of a publicly owned treatment works as defined at 40 CFR 122.26. "National Pollution Discharge Elimination System (NPDES) permit" means a national pollutant discharge elimination system permit issued by the RWQCB or the SWRCB. "Non -storm water discharge" means any discharge to the MS4 that is not entirely composed of storm water. "Nuisance" shall have the same meaning as set forth in National City Municipal Code Section 1.36.010. "Pollutant" means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. "Pollution" as defined in the Porter -Cologne Water Quality Control Act, is "the alteration of the quality of the waters of the State by waste, to a degree which unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses." Pollution may include contamination. "Post -construction BMP Plan" means a plan, submitted on a city form or in a city -specific format in connection with an application for a city permit or other city approval, identifying the BMPs that will be used for storm water and non -storm water management during the permitted activity. "Premises" means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved. "Priority Development Projects" refers to new development and redevelopment project categories as more fully set forth in Section E.3.b of the MS4 Permit and in the BMP Manual. "Receiving water" means all waters that are "Waters of the United States". "Redevelopment" means any construction, alteration, or improvement of an already developed site that will increase the total impervious surface area of that site or that involves activities that could expose pollutants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surfaces. "Runoff" means all flows in a stormwater conveyance system including stormwater (wet weather flows) and non-stormwater (dry weather flows). Ordinance No. 2015- 4 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control "RWQCB" means the Regional Water Quality Control Board for the San Diego region. "Sediment" means soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediment resulting from anthropogenic sources (i.e. human induced land disturbance activities) is considered a pollutant. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms' survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. "State" means the State of California. "Stop Order" means a verbal directive, written notice or combination directed to one or more responsible parties to cease and desist immediately from conducting business or performing or allowing work or activity to continue, including without limitation construction, land development or land grading, without having first obtained a required permit or license or from conducting work or activity in a manner that violates the terms and conditions of an issued permit or license or while a required permit or license is suspended or revoked. "Storm water" means, per 40 CFR 122.26(b)(13), storm water runoff, snowmelt runoff and surface runoff and drainage. Surface runoff and drainage pertains to runoff and drainage resulting from precipitation events. "Storm water management" means the use of structural or nonstructural BMPs that are designed to reduce urban run-off pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the city or another municipality, storm water management also includes planning and programmatic measures. "Storm Water Pollution Prevention Plan (SWPPP)" means a document which describes the BMPs to be implemented by the owner or operator to eliminate or reduce to the MEP discharges of pollutants to the MS4. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premise and have a reasonable potential to impact storm water quality; 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error; 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the storm water conveyance system; 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets, and point(s) of discharge to a municipal storm water conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area; 5. An employee training program, as defined in subsection D of this section, including training outlines and training records; 6. A description of any storm water monitoring program that is conducted on the site. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES storm water permit shall meet the definition of a storm water pollution prevention plan for the purposes of this chapter. "Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition) or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non -storm water discharges. Ordinance No. 2015- 5 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control "Structural post -construction BMP" means a structural BMP (other than a temporary construction -related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters or to prevent or reduce erosion downstream from the project. All treatment control BMPs are structural post - construction BMPs. "SWRCB" means the State Water Resources Control Board. "Water main" means a potable or recycled water delivery line greater than or equal to four inches in diameter. "Water quality standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or United States Environmental Protection Agency to protect those uses. "Waters of the State" means any water, surface or underground, including saline waters within the boundaries of the State (State Water Code Section 10350(e)). The definition of the "Waters of the State" is broader than that for the "Waters of the United States" in that all water in the State is considered to be "Waters of the State" regardless of circumstances or condition. "Waters of the United States" means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. (In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands). "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo, or wash in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. Watercourse does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo, or wash. 14.22.040 General provisions. Responsibility for Administration. This chapter shall be administered for the city of National City by its authorized enforcement officials. A. Construction and Application. This chapter shall be interpreted to assure consistency with the requirements of the MS4 permit. This chapter is not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule, or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm water and non -storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste discharge requirements permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB. B. BMP Manual. The City may establish and adopt a written description of the runoff management measures and programs, including minimum BMPs, that the City will implement, or require to be implemented, to ensure compliance with this chapter. These documents shall be known collectively as the BMP Manual. Amendments to the BMP Manual shall be approved by the authorized enforcement official. Ordinance No. 2015- 6 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control C. Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid. 14.22.050 Watercourse protection. Every person owning or occupying property through which a natural watercourse of a stormwater conveyance system passes shall: A. Keep and maintain that part of the watercourse within the property free of trash, debris and other materials which would pollute, contaminate, retard, or divert the flow of water through the watercourse or the MS4; B. Maintain existing structures within or adjacent to such a watercourse so that those structures will not become a hazard to the use, function, or physical integrity of the watercourse or the MS4; C. Not remove healthy bank vegetation beyond that necessary for maintenance, nor remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion; D. Not deposit in, plant in or remove any material from a watercourse including its banks, except as required for necessary maintenance; E. Not construct, alter, enlarge, connect to, change or remove any structure in a watercourse; and F. Not carry out developments within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is the greater distance from the top of the bank. G. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game, SWRCB, the RWQCB, or the United States Army Corps of Engineers regulating waters of the United States and/or storm water discharges. 14.22.060 Discharge prohibitions. A. Illegal Discharges. The discharge of pollutants directly or indirectly into the MS4 or receiving waters is prohibited, except as exempted in Section 14.22.070 of this chapter and unless the applicable requirements of this chapter have been met. It is unlawful for any person to cause either individually or jointly any discharge into or from the MS4 which results in or contributes to a violation of the MS4 Permit. B. Illegal Connection. It is prohibited to establish, use, maintain or continue illegal connections to the MS4, regardless of whether such connections were made under a permit or other authorization or other authorization or whether permissible under the law or practices applicable or prevailing at the time of connection. C. Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. D. Violations of the MS4 Permit. It is unlawful for any person to cause, or threaten to cause, either individually or jointly any discharge into or from the stormwater conveyance system that results in or contributes to a violation of the MS4 Permit. 14.22.070 Exemptions to discharge prohibitions. A. Permitted Discharges. Any discharge to the MS4 that is regulated under a NPDES permit issued to the discharger and administered by the State pursuant to Division 7 of Ordinance No. 2015- 7 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control the California Water Code is allowed, provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations. B. Groundwater Discharges Typically Requiring Permits. Non -storm water discharges to the MS4 from the following categories are allowed if: (i) the discharger obtains coverage under NPDES Permit No. CAG919001 (RWQCB Order No. R9-2007-0034, or subsequent order) for discharges to San Diego Bay, and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or (ii) the RWQCB determines in writing that coverage under NPDES Permit No. CAG919001 (or subsequent permit) is not required. Otherwise, non -storm water discharges from the following categories are illegal discharges: 1. Discharges from uncontaminated pumped groundwater; 2. Discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year; 3. Discharges from water from crawl space pumps; 4. Discharges from water from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year. C. Discharges from Water Lines. Non -storm water discharges to the MS4 from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES Permit No. CAG679001 (RWQCB Order No. R9-2010-0003, or subsequent order), and the discharge is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. This category includes water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations. Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have coverage under an NPDES permit. Otherwise, discharges from water lines are illegal discharges. D. Allowable Discharges. Non -storm water discharges to the MS4 from the following categories are allowed, unless the enforcement official or the RWQCB identifies the discharge as a source of pollutants to receiving waters, in which case non -storm water discharges from the following categories are illegal discharges: 1. Discharges from diverted stream flows; 2. Discharges from rising groundwater; 3. Discharges from uncontaminated groundwater infiltration to the MS4; 4. Discharges from springs; 5. Discharges from flows from riparian habitats and wetlands; 6. Discharges from potable water sources, except as set forth in Section 14.22.070(C) and except that irrigation runoff discharges are considered illegal discharges and are not allowed; 7. Discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non -storm water discharges under unusual circumstances; Ordinance No. 2015- 8 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 8. Discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non -storm water discharge under unusual circumstances. E. Conditionally Allowed Discharges. Non -storm water discharges from the following categories are allowed if they are controlled as follows and in accordance with the city's BMP Manual. Otherwise, non -storm water discharges from the following categories are illegal discharges: 1. Air conditioning condensation. Air conditioning condensation shall comply with applicable BMPs identified in the BMP Manual. 2. Individual residential vehicle washing. Wash water from individual residential vehicle washing must be directed to landscaped areas or other pervious surfaces, where feasible. Where discharges cannot be feasibly prevented, BMPs must be implemented in accordance with the BMP Manual. Non-commercial car washes, such as fundraisers and other similar activities, are not considered individual residential vehicle washing. Discharges from such activities are therefore considered illegal discharges. 3. Water from swimming pools. (i) Chlorinated swimming pool water. Chlorine, algaecide, filter backwash, and other pollutants must be eliminated prior to discharging swimming pool water to the MS4. (ii) Saline swimming pool water. Saline swimming pool water must be directed to the sanitary sewer, landscaped areas, or other pervious surfaces that can accommodate the volume of water, unless the saline swimming pool water can be discharged through a pipe or concrete channel directly to a naturally saline water body (e.g., the Pacific Ocean). F. Firefighting Activities. Non -storm water discharges to the MS4 from firefighting activities are allowed if they are addressed as follows: 1. Non -emergency firefighting discharges. Non -emergency firefighting discharges, including building fire suppression system maintenance discharges (e.g. sprinkler line flushing), controlled or practice blazes, training, and maintenance activities shall be addressed by BMPs to prevent the discharge of pollutants to the MS4. 2. Emergency firefighting discharges. BMPs are encouraged to prevent Pollutants from entering the MS4. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs shall not interfere with emergency response operations or impact public health and safety. G. Exemptions Not Absolute. Notwithstanding the categories of non -storm water discharges conditionally allowed by Section 14.22.070.A through F, if the RWQCB or the authorized enforcement official determines that any of these categories of otherwise conditionally allowed discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the MS4. Ordinance No. 2015- 9 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.080 Best management practice requirements for all dischargers. A. Best Management Practices. Any person engaged in activities, which will or may result in discharges to the MS4 shall undertake all measures to reduce the risk of non -storm water discharges and such pollutants to the MEP. 1. Every person undertaking any activity or use of premises which may cause or contribute to storm water pollution, illegal discharges, or non -storm water discharges to the MS4 shall comply with the BMP requirements, as described in the BMP Manual and as may be established by the authorized enforcement official. BMPs shall be maintained routinely throughout the life of the activity. Such BMPs include the minimum BMPs set forth in the BMP Manual. 2. Authorized enforcement staff may require any facility or operation that is engaged in activities which may result in pollutant discharges to the MS4 to develop and implement a storm water BMP plan, which must include employee training program and the applicable minimum BMPs from the BMP Manual. 3. Each discharger that is subject to any NPDES permit shall comply with all requirements of all such permits. The discharger must also make reports submitted to the RWQCB or other permitting agency, including monitoring data, available to the City upon request. 4. Parties undertaking land disturbance activities shall comply with all applicable requirements of this chapter, the BMP Manual, and National City Municipal Code Chapter 15.70 (Grading). 5. Parties undertaking land development and redevelopment activities shall comply with all applicable requirements of the BMP Manual and Section 14.22.110. B. Guidance Documents. Any authorized enforcement official under the supervision of the City Engineer may prepare, disseminate, and maintain guidance documents addressing the use of BMPs for specific activities or facilities, illegal connections, and illegal discharges. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter or specified in the BMP Manual. C. Significant Sources of Pollutants. When authorized enforcement staff identifies a discharge that is in violation of Sections 14.22.060.D and 14.22.070.G, the authorized enforcement official may order the discharger to install, implement, and maintain additional BMPs to prevent or reduce contamination in storm water and non -storm water to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. Failures to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter. D. Collection and Use of Storm Water. An authorized enforcement official may modify any requirement imposed by this chapter to allow the on -site collection and use of storm water, or the collection of storm water for delivery to and use at city -designated sites, provided the modified requirements are enforceable and provide equivalent environmental protection. Ordinance No. 2015- 10 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.090 Additional requirements for land disturbance activity. A. Permit Issuance. No land owner or development project proponent shall receive any city grading, clearing, building, or other land development permit or equivalent approval required for land disturbance activity without first meeting the requirements of this chapter, the BMP Manual, and National City Municipal Code Chapter 15.70 (Grading) with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. B. Owners and Operators Both Responsible and Liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the city, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this chapter, provided however, that a local government or public authority is not a discharger as to activities conducted by others in public rights -of -way. C. BMP Plan Submittals. All applications to the city for a permit or approval associated with a land disturbance activity must demonstrate how the proposed activity will comply with all applicable BMP requirements in a format specified by the city. The submitted materials shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter, the BMP Manual, and National City Municipal Code Chapter 15.70 (Grading) for the activity at issue. 14.22.100 Additional requirements for all land development and redevelopment projects. A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City grading, clearing, building, or other land development permit required for land development activity or redevelopment activity unless the project meets or will meet the requirements of this chapter and applicable requirements defined in the city's BMP Manual. For Priority Development Projects, the project's post -construction BMP Plan must be approved prior to the issuance of such permits. B. Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which land development activity is performed are dischargers for purposes of this chapter, provided, however that a local government or public authority is not a discharger as to activities conducted by others in public rights -of -way. C. Post -construction BMPs Required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement post -construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, and will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of water quality standards in accordance with the requirements defined in the BMP Manual. D. Post -construction BMP Plan. All applications to the city for a permit or approval associated with a land development or redevelopment activity must be accompanied by a post - construction BMP plan on a form or in a format specified by the city. The plan shall specify the manner in which the discharger/applicant will implement the post -construction BMPs required by Ordinance No. 2015- 11 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control this chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the California Environmental Quality Act. Post -construction BMPs for other aspects of the project need not be addressed in this plan. E. Post -construction BMP Plan Review Fee and Deposit. Fees for post -construction BMP plan review and deposit thereof shall be adopted by resolution. F. Control to the Maximum Extent Practicable. All dischargers engaged in land development and significant redevelopment activities shall install, implement, and maintain post - construction BMPs as needed to prevent or reduce pollutant discharges in stormwater from land disturbance to the MEP. 14.22.110 Maintenance of BMPs. A. Existing Development. Dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter. B. Structural post -construction BMPs. The owners and occupants of lands on which structural post -construction BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs, and shall maintain those BMPs by contract or covenant or pursuant to this chapter. The owners of lands on which BMPs have been installed to meet the requirements of this chapter and applicable post -construction BMP requirements are responsible for maintenance of those BMPs, shall enter into a BMP maintenance agreement contract or equivalent agreement with the city, and shall provide annual written verification that appropriate maintenance is conducted for all treatment control BMPs. C. Maintenance Obligations. Primary responsibility to maintain a structural post - construction BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the city pursuant to this chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this chapter. D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of city enforcement, no contract or other agreement imposing an obligation to maintain a structural post -construction BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter. E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a structural post -construction BMP is located or will be located or who otherwise transfers ownership of a structural post -construction BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer, and shall record that obligation so that the structural post -construction BMP will run with the land. F. Maintenance Plans for Development Projects. The proponents of any land development project or redevelopment project that requires installation of structural post - construction BMPs shall provide to the City for review and approval prior to issuance of such Ordinance No. 2015- 12 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control permit, a plan for maintenance of all structural post -construction BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons, or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all structural post -construction BMPs at least annually and for the retention of inspection and maintenance records for at least three years. G. Access for Maintenance. Structural post -construction BMPs shall be provided adequate access for long-term inspection and maintenance purposes. H. Assurance of Maintenance for Land Development Projects. The proponents of any land development activity or redevelopment activity that requires a city permit shall provide to the city, prior to issuance of permits for the project, proof of a mechanism acceptable to the city which will ensure ongoing long-term maintenance of all structural post -construction BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless, and until, an alternative mechanism for ensuring maintenance is accepted by the city and becomes effective. I. Security for Maintenance for Land Development Projects. If it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official. 14.22.120 Inspection and sampling. A. Regulatory Inspections and Certification Programs. Authorized enforcement staff may establish inspection or certification programs to evaluate and enforce compliance with the requirements of this chapter. Authorized enforcement officials may inspect facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the land owner or operator or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. Inspections of New Construction. When any new storm drain system or structural BMP is installed on private property as part of a project that requires a city permit, in order to comply with this chapter, the land owner shall grant the city permission to access the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice for routine inspections, to enter as needed for additional inspections when the city has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter. C. Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained and whether the facility or activity complies with the other requirements of this chapter. Ordinance No. 2015- 13 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.130 Enforcement. The city engineer shall be the primary enforcement official for this chapter. When appropriate or necessary, this chapter may also be enforced by any other official or officer who is charged by the municipal code with code enforcement authority. The enforcement of this chapter shall be accomplished in the same manner as provided in Chapter 7.32 of this code except that reference to the term "code conformance officer" in Chapter 7.32 shall include the authorized enforcement official as defined in this chapter and that all references to "Title 7" shall mean this storm water management and control ordinance for the purposes of enforcement of this chapter only. The authorized enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: A. Carry out any sampling activities, including taking samples from the property of any person or from any vehicle which any authorized representative of the enforcement agency reasonably believes is currently, or has in the past, caused or contributed to causing an illegal discharge to the MS4. B. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illegal discharge to the MS4 when accompanied by a uniformed police officer in a clearly marked vehicle; C. Conduct tests, analyses and evaluations to determine whether a discharge is an illegal discharge or whether the requirements of this chapter are not met; D. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site or condition contributing to storm water pollution and constituting a violation of this chapter; E. Review and obtain a copy of the BMP plan prepared by an owner and/or occupant or facility operator, if such a plan is required; F. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed thirty days; G. Review and obtain copies of all storm water monitoring data compiled by the owner and/or occupant or facility operator, if such monitoring is required; H. The authorized enforcement official may issue warning notices to any person owning or occupying a premise to clean up and abate any release of pollutants on the premise, which may result in a violation of this chapter. The authorized enforcement official may also order the abatement of pollutant storage practices, which may reasonably result in such a violation; I. The authorized enforcement official may require reasonable monitoring of discharges from any premises to the MS4 and shall have the authority to order the mitigation of circumstances which may result in illegal discharges to the MEP; J. Enter upon and conduct inspections or samplings as may be required of any premises, facilities or equipment, including monitoring and control equipment, to ensure compliance with the BMP Manual and jurisdictional runoff management program (JRMP). The authority to conduct reasonable inspections and the obligation of an owner or occupant to allow such inspection upon presentation of official credential is conferred and shall be exercised pursuant to Chapters 1.12 and 1.20 of this code. Ordinance No. 2015- 14 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.140 Enforcement authority. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows: A. Administrative Authorities. 1. Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties as set forth in Chapters 1.44 and 1.48. Administrative penalties may include the recovery of fines assessed against the city of National City by the RWQCB. Any later -enacted administrative penalty provision in this code shall also be applicable to this chapter, unless otherwise provided therein. 2. Cease and Desist Orders. Written and/or verbal orders pursuant to Section 1.12.030 may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official. 3. Notice and Order to Clean, Test or Abate. Written and/or verbal orders may be issued to perform any activities to comply with the BMP Manual, this chapter, or as directed by an authorized enforcement official where conditions warrant. 4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections (A)(2) and (A)(3) are not performed, the authorized enforcement official may abate any public nuisance pursuant to this code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure. 5. Stop Orders. Whenever any work is being done contrary to the provisions of this chapter or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing in accordance with Section 1.12.030 served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work. 6. Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other city license suspension or revocation in accordance with this code. B. Judicial Authorities. 1. Civil Penalties and Remedies. The city attorney is authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in Section 14.22.160 of this chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed. 2. Injunctive Relief. The city may enforce compliance with this chapter by judicial action for injunctive relief. 3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code and/or a citation and notice to Ordinance No. 2015- 15 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter. 14.22.150 Other acts and omissions that are violations. In addition to failing to comply with any of the other requirements of this chapter, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity: A. Causing, Permitting, Aiding, or Abetting Noncompliance. Causing, permitting, aiding, or abetting noncompliance with any part of this chapter constitutes a violation of this chapter. B. Concealment, Misrepresentation, and False Statements. Any falsification or misrepresentation made to the city concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure; any submission of a report that omits required material facts without disclosing such omission and any withholding of information required to be submitted by or pursuant to this chapter in order to delay city enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter. C. Failure to Promptly Correct Noncompliance. Violations of this chapter must be corrected within the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter. D. City Permits and BMP Plans. Any failure to conform to an applicable BMP plan prepared pursuant to this chapter; any failure to comply with storm water -related provisions of a city -issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water -related provisions in any other city permit or approval, is also a violation of this chapter. For purposes of this chapter a permit provision or condition of approval is "storm water -related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating run-off flows rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. 14.22.160 Penalties. A. Administrative Penalties. Administrative penalties may be imposed pursuant to this code. Any later -enacted administrative penalty provision in the code shall also be applicable to violations of this chapter, unless otherwise provided therein. B. Misdemeanor Penalties. Noncompliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. Ordinance No. 2015- 16 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control D. For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the city. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action: 1. Injunctive relief; 2. Costs to investigate, inspect, monitor, survey, or litigate; 3. Costs to place or remove soils or erosion control materials, costs to correct any violation and costs to restore environmental damage or to end any other adverse effects of a violation; 4. Compensatory damages for losses to the city or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations; 5. Civil penalties; 6. Reasonable attorney fees; and 7. Fines assessed against the city by the RWQCB. As part of a civil action filed by the city to enforce provisions of this chapter, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted, or maintained by such person(s). In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require. E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. 14.22.170 Restrictions and conditions on issuance of ministerial and discretionary development permits. All development permits issued by city departments shall be subject to review and compliance with the BMP Manual. The city engineer may require conditions for BMP Manual compliance for development permit issuance, and no permit shall be issued by any department or city agency without those conditions being incorporated into the permit. Conditions which may be required for new construction, alterations to existing structures, land grading, or excavation may include, but shall not be limited to the following: A. Installation of rain gutters, brow ditches, curbing and berms; B. Drainage flow, flow redirection and directional flow control; C. Installation of French drains; D. Installation of clarifiers, filters or liquid traps; E. Installation of reservoirs, holding and settling tanks or filtration systems; F. Maintenance and monitoring programs and adequate funding for required systems and programs; G. Payment of program compliance monitoring fees; Ordinance No. 2015- 17 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control H. Any other requirements as may reasonably and rationally relate to meeting BMP Manual objectives and requirements. This authority shall also include the right to require monitoring and compliance programs on each project to be guaranteed by adequate security and servitudes or conditions running with the land on which the project is located to be recorded with the County of San Diego recorder. If an off -site system is used, appropriate easements shall be required to be obtained and recorded against that site to ensure the maintenance and inspection of any required system and its installed facilities on the project site. Section 2. The proposed action is not a project subject to review under the California Environmental Quality Act (CEQA) because this ordinance is to implement other agency requirements and the City has no discretion regarding the permit requirement. Section 15060(c)(1) of the State CEQA Guidelines provides that only those actions involving the exercise of discretionary powers are projects within the meaning of CEQA. Even if the action is a project, it is exempt from CEQA review pursuant to Public Resources Code § 21080.5 as part of a certified regulatory program. The Basin Plan and Water Quality Control Plans implemented by the 2013 Permit are certified regulatory programs within the meaning of Public Resources Code section 21080.5. (14 Cal. Code Regs. § 15251(g).) The 2013 Municipal Permit is functionally a portion of the RWQCB administered regulatory program and as such is exempt from CEQA review by Public Resources Code § 21080.5. (Water Code § 3775.) Moreover, the proposed action is also exempt from CEQA review by and pursuant to Sections 15301, 15307, and 15308 of the State CEQA Guidelines. Section 15301 exempts from CEQA review the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination". Amending the Storm Water Management and Discharge Control Ordinance in accordance with the 2013 Municipal Permit, the City is taking a necessary step to allow for the continued operation of its existing MS4. As such, the proposed action is exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines. Sections 15307 and 15308 of the State CEQA Guidelines collectively exempt actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, and protection of a natural resource or environment where the regulatory process involves procedures for protection of the environment. The Ordinance is being enacted to help protect the beneficial uses of waters of the United States and State receiving waters in the manner required by the 2013 Municipal Permit. The 2013 Municipal Permit and resultant provisions in the Ordinance include procedures for the protection of the environment, including requirements for monitoring, reporting, and enforcement to ensure actions taken to protect natural resources and the environment are effective. The proposed action is, accordingly, also exempt from CEQA review under Sections 15307 and 15308 of the State CEQA Guidelines. Ordinance No. 2015- [Signature Page to Follow] 18 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control PASSED and ADOPTED this day of , 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- Ron Morrison, Mayor 19 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control CC/CDC-HA Agenda 6/2/2015 — Page 469 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Chapter 6.04 of the National City Municipal Code by adding new Section 6.04.210 requiring businesses to participate in the Free Resource and Energy Business Evaluation (FREBE) program. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Chapter 6.04 of the National City Municipal Code by adding new Sec'iion 6.04.210 requiring businesses to pafficipate in the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) PREPARED BY: 'Raymond Pe PHONE: 1336-44211 EXPLANATION: DEPARTMENT: Planning Division APPROVED BY: In 2011, the City Council adopted the Climate Action Plan (CAP) with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020, This goal is consistent with California's Global Warming Solutions Act of 2006 (AB32). One of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage. The proposed Free Resource and Energy Business Evaluations (FREBE) program would implement this measure for businesses in the City. The City of Chula Vista has agreed to enter into a Memorandum of Understanding to implement the program in National City with funding through the South Bay Energy Action Collaborative. Chula Vista has been operating the very successful FREBE program in Chula Vista since 2008. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: ENVIRONMENTAL REVIEW: This activity is not a project as defined it Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: I ; 1 FINAL ADOPTION: STAFF RECOMMENDATION: Introduce the Ordinance for first reading. BOARD / COMMISSION RECOMMENDATION: 'Not Applicable; ATTACHMENTS: 1. Background Report Finance MIS Attachment 1 Background Report Climate Action Plan In 2011, the City Council adopted the Climate Action Plan (CAP) with the goal of reducing National Cit►'s greenhouse gas (GHG) emissions to 15 percent below 2005 levels by 2020. This 00ai is consistent with California's Global Warming Solutions Act of 2006 (AB32). The CAP sets forth emission reduction measures that could be implemented to achieve the 2020 goal. One of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage. The proposed Free Resource and Energy Business Evaluations (FREBE) program would implement this measure for businesses in the City. The CAP found that commercial and industrial operations accounted for 25 percent of community -wide emissions in 2005 and forecasted an increase to 38 percent by 2030 under the `business -as -usual' scenario, i.e. if no additional measures are taken to reduce GHG emissions. CAP Implementation Study In 2014, the City initiated a study to identify potential policies and programs that could be implemented to help achieve CAP goals. This effort was funded through the South Bay Energy Action Collaborative (SoBEAC), a cooperative initiative between National City, Chula Vista, Imperial Beach and Coronado with the goal of advancing energy efficiency and conservation efforts among the member cities. SoBEAC is a Local Government Partnership funded through SDG&E. After a review of innovative energy and water saving programs in effect throughout the state; Chula Vista's l=WERE program stood nut for its effectiveness in helping businesses reduce utility costs though energy and water saving measures. The program began as a voluntary program in 2008; however, after initially low participation, the program was made mandatory. The program has since been very successful with over 99 percent participation. Evaluations are conducted when convenient for businesses, which receive customized recommendations to save energy and water and to implement plement sustainable practices. Businesses have no obligation to carry out the recommendations since implementation is voluntary. In Chula Vista, roughly 600 businesses are evaluated annually, and approximately 65 percent choose to implement one or more recommendations. In addition, businesses are referred to the SDG&E Direct Install program, which provides energy efficiency equipment upgrades at no -cost to small and medium sized businesses. The average Direct Install participant saves over $4,000 in annual energy costs. Chula Vista reports that many businesses see utility bill savings on their next bill following evaluations and many are inspired to continue making other sustainable improvements. 1 Memorandum of Understanding Through a Memorandum of Understanding (MOU), the City and the City of Chula Vista would agree to the operation of the program in the City of National City. The resources to operate the program in the City would be provided by the City of Chula Vista, which is able to do so through funding from the South Bay Energy Action Collaborative. The National City FREBE Program is intended to help businesses conserve energy and water resources to reduce greenhouse gas emissions while lowering utility costs. The program is modeled after the Chula Vista FREBE program and, through the Memorandum of Understanding, will fully leverage the resources of Chula Vista's program, With the implementation of the program, National City businesses will receive valuable and actionable recommendations. FREBE Program The proposed ordinance would codify the energy and water evaluation requirement for businesses by amending Municipal Code Chapter 6.04. Businesses occupying a physical storefront or office on a commercial utility meter would be required to participate in the program. There are approximately 2,600 business licensees operating in the City. The program would evaluate approximately 300 businesses annually. The ordinance would not require businesses to implement any of the identified energy or water efficiency recommendations. FREBE program evaluations would be approximately 30 minutes in duration and would be conducted on -site in the presence of the business owner or manager. Trained evaluators would conduct a review of businesses utility bills, building systems (e.g. lighting, cooling, and heating), building envelope (e.g. exterior windows, doors, and insulation), office equipment, appliances, and operational procedures. Results of the evaluation and detailed strategies to reduce utility costs would be provided to the business. Recommendations could include low- or no -cost measures, such as behavior modification, as well as recommendations that may require an investment. Evaluators would also identify incentives, rebates, and low cost financing options that could reduce or eliminate implementation costs. Businesses to be evaluated wouid be notified to schedule an appointment at their convenience within 45 days; otherwise, an appointment will be, scheduled during regular business hours. Businesses that do not comply will be noticed and given a 30-day opportunity to cure. Non-compliance will not impact businesses license status or occupancy permit. Chula Vista's program support would consist of in -kind operational support, including experienced staff from the Chula Vista FREBE program to conduct business evaluations, program management, and other program duties such as scheduling and notification. Consequently, effectiveness is expected to be on par with the Chula Vista program, and implementation cost to National City will be negligible. 2 Fiscal Impact Since program funding through SoBEAC has only been committed for 2015, the implementing ordinance would sunset at the end of the year. Subsequent implementing ordinances could be adopted as program funding becomes avaiiabie for future years. SoBEAC support beyond 2015 is dependent on SDG&E budgets, which are expected to be finalized in the summer of 2015. There will be no direct impact on the General Fund of the City_ Staff costs associated with implementation of the program would be minimal. Most of the program implementation costs would be directly provided as in -kind support by the City of Chula Vista though SoBEAC funding. Minimal staff time is anticipated to assist with the implementation of the program. ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 6.04 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING NEW SECTION 6.04.210 REQUIRING BUSINESSES TO PARTICIPATE IN THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM WHEREAS, the intent of the Free Resource and Energy Business Evaluation ("FREBE") program is to help businesses conserve energy and water resources to reduce greenhouse gas emissions while lowering utility costs; and WHEREAS, the City will provide free resource and energy evaluation of businesses and will provide the businesses with custom recommendations to reduce energy and water use; and WHEREAS, the businesses will have no obligation to implement the recommendations; and WHEREAS, the City anticipates entering into a Memorandum of Understanding with the City of Chula Vista so that Chula Vista staff can perform the evaluations. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Chapter 6.04 of the National City Municipal Code is amended by adding new section 6.04.210 to read as follows: 6.04.210 Resource and Energy Evaluation Program. A. Every business not exempt pursuant to Section 6.04.070 shall receive afree resource and energy evaluation for facilities under its operational control. B. Upon notice from the City, the business principal or designee, shall: 1. Set a date for the evaluation within forty-five days of the notice; 2. Allow City staff or its designated program partner access to the facilities under his or her operational control during regular business hours; and 3. Authorize City staff or its designated program partner to review the historical energy and water usage for the business. C. The following businesses are exempt from the requirements of this Section: 1. Any business that does not have a commercial utility gas or electric meter; 2. Any business occupying facilities that were constructed or remodeled within three years of business tax license application or renewal. Section 2. This ordinance shall remain in effect through December 31, 2015 and as of that date is repealed unless a later enacted ordinance deletes that date or extends that date. [Signature Page to Follow] PASSED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- 2 Free Resourceand Energy Business Evaluation Program CC/CDC-HA Agenda 6/2/2015 — Page 476 The following page(s) contain the backup material for Agenda Item: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluation (FREBE) pro CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) AGENDA ITEM NO. PREPARED BY: (Raymond Pe PHONE: 336-4421t EXPLANATION: ••• DEPARTMENT: Plan • Divis. APPROVED BY: In 2011, the City Council adopted the Climate Action Plan (CAP) with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020. This goal is consistent with California's Global Warming Solutions Act of 2006 (AB32). One of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage. The proposed Free Resource and Energy Business Evaluations (FREBE) program would implement this measure for businesses in the City. The City of Chula Vista has agreed to enter into a Memorandum of Understanding to implement the program in National City with funding through the South Bay Energy Action Collaborative. Chula Vista has been operating the very successful FREBE program in Chula Vista since 2008. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute the Memorandum of Understanding. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS. 1. Memorandum of Understanding Finance MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA FOR THE ADMINISTRATION OF THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM This Memorandum of Understanding ("MOU") is entered into by and between the City of National City ("National City"), a municipal corporation, and the City of Chula Vista ("Chula Vista"), a municipal corporation, and is dated , 2015, for the purposes of reference only. RECITALS A. In 2009, Chula Vista began administering its Free Resource and Energy Business Evaluation ("FREBE") program, which helps local businesses identify opportunities to save energy and water. B. With funding support from San Diego Gas & Electric, Chula Vista created the South Bay Energy Action Collaborative ("SoBEAC") in 2013 to assist smaller neighboring cities with their energy efficiency and sustainability initiatives. C. National City wishes to participate in the Free Resource and Energy Business Evaluation ("FREBE") Program. D. As part of the FREBE Program, National City anticipates adopting an ordinance amending Chapter 6.04 of the National City Municipal Code to require businesses in National City to accept a no -cost resource and energy evaluation through the FREBE Program. E. National City does not have sufficient staff to administer the FREBE Program. F. Chula Vista has agreed to administer the FREBE Program in National City, during calendar year 2015, under the SoBEAC component of its Local Government Partnership with San Diego Gas & Electric. G. The FREBE program expansion into National City would be fully supported through existing SDG&E Local Government Partnership funding AGREEMENT 1. Term of the MOU. This MOU shall be effective on the date that the ordinance described in Recital D, above, is effective and shall remain in effect through December 31, 2015. 2. Chula Vista's Responsibilities. 2.1. Chula Vista staff agrees to administer the FREBE Program in National City with funding provided by SDG&E Local Government Partnership. 2.2. Chula Vista staff shall draft and mail a letter introducing the FREBE Program, explaining that Chula Vista staff will perform the evaluation on behalf of National City, and requesting an appointment to conduct the evaluation (the "Introduction and Appointment 1 Letter"). The Introduction and Appointment Letter will be on National City letterhead and be signed by National City's Director of Finance, or designee. 2.3. If there is no response, or a negative response, from the business, Chula Vista staff shall draft a postcard reminding the business of its obligation to accept the evaluation (the "Follow-up Postcard"). The Follow-up Postcard will include the National City Logo. 2.4. In performing the evaluations, Chula Vista staff will use best efforts to minimize inconvenience and disruption to the businesses. 2.5. In implementing the FREBE Program in National City, Chula Vista staff will use best efforts to minimize disruption to the National City Finance Department. 2.6. Chula Vista staff will provide the businesses with information that may include, but not be limited to the following: 2.6.1. Historical energy and water consumption, identified conservation and efficiency opportunities, potential utility cost savings, and an estimate of the corresponding greenhouse gas emission reductions; 2.6.2. Recommendations for sustainable practices applicable to the business, their employees or customers, and an estimate of the corresponding greenhouse gas emission reductions; 2.6.3. Information and assistance regarding federal, state, and local rebate programs, financing options, and other funding resources to reduce the time and cost of implementing conservation and efficiency measures; and 2.6.4. Contact information for local utility account and program staff and contractors that may provide services to implement conservation and efficiency measures. 3. National City's Responsibilities. 3.1. National City Finance staff will give Chula Vista staff a list of the most recent business licenses (approximately 300) issued by National City. The information will include the business name, address, phone number(s), and names of principals. 3.2. National City Finance staff will approve the Introduction and Appointment letter. 3.3. National City Finance staff will approve the Follow-up Postcard. 3.4. National City Finance staff will approve the Non-compliance Letter. 3.5 National City staff will cooperate and work with Chula Vista staff. 4. Indemnity. 4.1 Claims Arising From Sole Acts or Omissions of Chula Vista. Chula Vista agrees to defend and indemnify National City, and its respective agents, officers and employees, from any claim, action or proceeding against National City, arising solely out of the negligent 2 acts or omissions or willful misconduct of Chula Vista in the performance of its duties pursuant to this MOU. At its sole discretion, National City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Chula Vista of any obligation imposed by this MOU. National City shall promptly notify Chula Vista of any claim, action or proceeding and cooperate fully in the defense. 4.2 Claims Arising From Sole Acts or Omissions of National City. National City agrees to defend and indemnify Chula Vista, and its agents, officers and employees, from any claim, action or proceeding against Chula Vista, arising solely out of the negligent acts or omissions or willful misconduct of National City in the performance of its duties pursuant to this MOU. At its sole discretion, Chula Vista may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve National City of any obligation imposed by this MOU. Chula Vista shall promptly notify National City of any claim, action or proceeding and cooperate fully in the defense. 4.3 Claims Arising From Concurrent Acts or Omissions. National City agrees to defend and indemnify Chula Vista from any claim, action or proceeding arising out of, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions, or willful misconduct of Chula Vista, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of National City, its employees, agents or officers, or any third party. 4.4 Joint Defense. Notwithstanding subsection 4.3, above, in cases where Chula Vista and National City agree in writing to a joint defense, Chula Vista and National City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Chula Vista and National City. Joint defense counsel shall be selected by mutual agreement of the parties. The parties further agree that no party may bind the other party to a settlement agreement without the written consent of the other party. 4.5 Reimbursement and/or Reallocation. Where a final judgment of a court award allocates or determines the comparative fault of the parties, Chula Vista and National City may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 4.6 Limitation of Liability. Other than claims for physical injury to person or property, the Parties acknowledge that each Party's liability under this MOU shall be limited to actual damages only and that the Parties shall have no obligation or liability for general or special damages. 4.7 Survival. A Party's obligations under this Indemnity section shall survive the termination of this MOU. 5. Insurance. Chula Vista shall provide its own liability insurance, including automobile liability insurance, health, disability and other insurance. National City shall not be responsible for insurance coverage for Chula Vista's employees. Chula Vista shall provide its own workers compensation insurance for any Chula Vista employee who performs services pursuant to this MOU. 3 6. Termination. Either Party may terminate this MOU by providing fifteen days' written notice to the other Party. Notwithstanding the foregoing, if, for any reason, SDG&E ceases to provide Chula Vista with the funding necessary to perform Chula Vista's responsibilities under this MOU, then the MOU shall be immediately terminated and Chula Vista shall be relieved of all obligations imposed on it by this MOU. 7. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this MOU, against Chula Vista unless a claim has first been presented in writing and filed with Chula Vista and acted upon by Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. 8. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this MOU must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified below: a. Chula Vista Bob Beamon 276 Fourth Avenue, Chula Vista, CA 91910 619-409-1965 b. National City Brad Raulston 1243 National City Boulevard National City, CA 91902 619-336-4240 9. Integration. This MOU, together with any other written document referred to or contemplated in it, embody the entire agreement and understanding between the Parties relating to the subject matter hereof. Neither this MOU nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the Party against which enforcement of such amendment, waiver or discharge is sought. 10. Capacity of Parties. Each signatory and Party to this MOU warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this MOU, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this MOU. 11. Governing Law/Venue. This MOU shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California. (End of page. Next page is signature page.) 4 Signature Page to Memorandum of Understanding between City of Chula Vista and City of National City For the Administration of the Free Resource and Energy Business Evaluation Program IN WITNESS WHEREOF, Chula Vista and National City have executed this MOU, indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA CITY OF NATIONAL CITY Mary Casillas Salas, Mayor Ron Morrison, Mayor Attest: Attest: Donna Norris, City Clerk Michael Dalla, City Clerk Approved as to form: Approved as to form: Glen R. Googins, City Attorney Claudia G. Silva, City Attorney 5 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF CHULA VISTA TO PROVIDE IN -KIND SERVICES TO IMPLEMENT THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM WHEREAS, in 2011, the City Council adopted the Climate Action Plan ("CAP") with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020, which is consistent with California's Global Warming Solutions Act of 2006 (AB32); and WHEREAS, one of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage; and WHEREAS, the proposed Free Resource and Energy Business Evaluations ("FREBE") program would implement this measure for businesses in the City, and the City of Chula Vista has agreed to enter into a Memorandum of Understanding to implement the program in National City at no cost to the City with funding through the South Bay Energy Action Collaborative. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluations ("FREBE") program. The Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of June, 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 6/2/2015 — Page 484 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2015/16. (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Resod ton of the City Council of the City of National City confirming the assessment and ordering the levy for the Lar.dsr.ape Maintenance nisstrict No. 1 (Mile of Cars) for Fiscal Year 2015/16. (Planning) PREPARED BY: Raymond Pe, Principal Planner seguie DEPARTMENT: Plarin iiig Divisions PHONE: 1336-4421 1 APPROVED BY: EXPLANATION: On May 19, 2015, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for Landscape Maintenance District No. 1 (Mile of Cars). At the May 19, 2015 meeting, the City Council initiated the proceedings for the levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. A public hearing was held on June 2, 2015 to receive any public comments on the levy and collection of these assessments for Fiscal Year 2015/16. Adoption of the resolution would confirm the .os..ssment and order the levy for the Landscape Maintenance District No. 1 (Mile of Cars). FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution confirming the assessment and ordering the levy_ BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2015/16 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish National City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, on May 19, 2015, the City Council adopted Resolution 2015-66 declaring its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded, and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS: 1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2015 and ending June 30, 2016. 3. Ordering of the Levy: The City Council hereby orders consultant to prepare and submit the levy of assessments to County of San Diego for placement on the Fiscal Year 2016/16 secured property tax roll. PASSED and ADOPTED this 3rd day of June, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 6/2/2015 — Page 487 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Kimley-Horn and Associates, Inc. to increase the not - to -exceed amount of the Agreement by $900,000 to provide on -call proj CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Kimley-Horn. and Associates, Inc. to increase the not -to -exceed amount of the Agreement by $900,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering and contract management, architecture, land surveying, environmental compliance, assessment and r uediation, geotec-Imica1, soils and materials Ceding, plan reviews, constructabiiity reviews, and community outreach (funded by various CIP projects) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. There is no financial impact at this time. Funds will be encumbered on an as -needed basis from previously approved CIP project appropriations. ENVIRONMENTAL REVIEW: N/A DEPARTMENT: Engineering & Public Works APPROVED BY: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A Finance MIS ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution Explanation: On April 15, 2014, per City Council Resolution No. 2014-48, the City of National City entered into an agreement with Kimley-Horn and Associates, inc. to on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geoteo 11 ical, soils and materials IaLer IGIS LCSLII ly. , plan I t views, I;UI I,LI UL.:LdUIIILy reviews, and community outreach. The Agreement was for a not -to -exceed amount of $2,000,000 and a term of two years, with the option to extend. Kimley-Horn & Associates, Inc. is providing services for a variety of CIP projects, including the following: • "A" Avenue Green Street • Kimball Park / Paradise Creek Improvements • Downtown-Westside Community Connections • Paradise Valley Road Safe Routes to School • 18th Street Community Corridor In order to complete these projects in a timely manner and to provide support services for upcoming CIP projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $900,000. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN & ASSOCIATES, INC. This FirstSt l111G nd 1G 1a to 4GG A0 IGG1G1a rnt GlGVd into this L.ta1 day oJune, ,2015 by and between the City of National City, a municipal corporation ("CITY"), and Kimley- Horn & Associates, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSUL T ANT entered into an Agreement on April 15, 2014, ("the Agreement") through the adoption of City of National City Council Resolution No. 2014-48, wherein the CONSULTANT agreed to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach. WHEREAS, the original Agreement had a not -to -exceed amount of $2,000,000; and WHEREAS, the original Agreement is set to expire on April 14, 2016, with optional extensions when mutually agreed upon by the parties; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to increase the not -to -exceed amount by $900,000, for a total Agreement amount of $2,900,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on April 15, 2014 as follows: 1. Increase the not -to -exceed amount by $900,000, for a total Agreement amount of $2,900,000. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 15, 2014, shall remain in full force and effect. <Signature page to follows IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written. CITY OF NATIONAL CITY KIMLEY-HORN & ASSOCIATES, INC. By: By tO Ron Morrison, Mayor Dennis`Landaal, Sr. dice President By: APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Mat ,ew Capuzzi, Ass" t Secretary RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $900,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, ARCHITECTURE, LAND SURVEYING, ENVIRONMENTAL COMPLIANCE, ASSESSMENT AND REMEDIATION, GEOTECHNICAL, SOILS AND MATERIALS TESTING, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, on April 15, 2014, the City Council adopted Resolution No. 2014-48 entering into an Agreement with Kimley-Horn and Associates, Inc., for on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach; and WHEREAS, the Agreement was for a not -to -exceed amount of $2,000,000 and a term of two years, with the option to extend; and WHEREAS, Kimley-Horn & Associates, Inc., is providing services for a variety of CIP projects, including the following: • "A" Avenue Green Street • Kimball Park / Paradise Creek Improvements • Downtown-Westside Community Connections • Paradise Valley Road Safe Routes to School • 1 8th Street Community Corridor WHEREAS, in order to complete these projects in a timely manner and to provide support services for upcoming CIP projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $900,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Kimley-Horn & Associates, Inc., to increase the not to exceed amount by $900,000 for on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach. The First Amendment to the Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 2nd day of June, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 6/2/2015 — Page 494 The following page(s) contain the backup material for Agenda Item: A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO,. ITEM TITLE: A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to ,acre___ , the monthly rates for refuse collection services. PREPARED BY: Kuria Muthusamv, Asst. Director PHONE (614) 336-4383 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: engineering/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS No financial impact to City of National City; rate increases are borne by residents and businesses that use EDCO Disposal Corporation ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold public hearing to consider rate adjustment for refuse services BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Public Hearing to Consider Proposed Rate Increases for Refuse Services 3. Residential Rates Adjustment 4. Commercial Rates Adjustment 5. Rate Comparison of Various Cities 6. Exhibit A —National City Rate Sci eduie Explanation A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The rates for trash service are based on various components: landfill and yard waste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPI). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY 2016 Rate Factors Total proposed adjustment is $0.62 (3.56%) increase per month to the standard residential rate and $3.95 (3.58%) increase per month to the standard commercial rate. There are four main components to the rates. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton increased from $41.28 to $41.73 on July 1, 2014. The "tipping fee" increase of $0.45 per ton equates to a weighted average adjustment of $0.05 to the standard residential rate and $0.39 to the standard commercial rate. Ratepayers benefitted as a result of EDCO not requesting an increase in FY 2014. Yard Waste The estimated yard waste disposal rate increase is $0.72 per ton (from $26.65 to $27.37) with the tonnage remaining similar to last year. This equates to a weighted average adjustment of $0.03 to the standard commercial rate and no change to the residential rate, Recycling Changes in recycle values are factored into the rate with increases in values causing rates to decrease, and decreases in values causing rates to increase. Recyclable revenue decreased by $73,870 since the last review period due to a reduced revenue on collected recycling and the impacts of scavenging. This equates to an increase adjustment of $0.14 to the standard residential rate and $0.98 to the standard commercial rate. Consumer Price Index (CPI) The 2012 and 2013 published one-year San Diego Consumer Price index (PCI) is 1.5% and 1.7%, respectively. This equates to a weighted average adjustment of $0.35 to the standard residential rate and $2.08 to the standard commercial rate. EDCO will continue to contribute approximately $150,000 annually to the City's Enterprise Fund through collections from rate payers. The fund is used to pay for AB-939 programs such as Household Hazardous Waste collection and preparation of the City's Annual Report required by CalRecycle. The fund also pays for disposal services for hazardous wastes collected from the public right-of-way, as well as a portion of the City's street sweeping services. Summary a of Rate Adjustments stments The total proposed increase of $0.62 (3.56%) per month to the standard residential rate was calculated by adding $0.05 to the rate for refuse, based on a July 1, 2014 increase in the tipping fee of $0.45 per ton; $0.14 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; $0.35 based on the San Diego Consumer Price index (CPI) for years 2012 and 2013 of 3.28%; and $0.08 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed increase of $3.95 (3.58%) per month to the standard commercial rate was calculated by adding $0.39 to the rate for refuse, $0.03 to the rate for yard waste, $0.98 to the rate for recycling; $2.08 based on the CPI; and $0.47 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed rate increases summarized above are for basic service subscribers, and would take effect on July 1, 2015, the beginning of FY 2016. Residential Service Rates Current Monthly Rate Proposed Monthly Rate Base Rate $17.47 $18.09 Senior Discount Rate $13.99 $14.49 Silver Bag Rate $2.39 per bag $2.48 per bag National City currently pays the lowest residential service base rate in the County. If the total proposed base rate increase is approved, National City would still have the lowest residential service base rate in the County. EDCO Disposal Corporation has agreed to initiate a pilot program for up to 75 lockable carts in National City. In addition, EDCO Disposal Corporation has agreed to service all trash cans at all Bus Stops in National City which is accessible to an automated trash collection vehicle. Staff will bring forward an amendment to the Agreement if necessary for both these items. Attachment 2 City of National City Notice off Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of'the City Cone eel of the City of Ngdioetal City on June 2, 2015, at 6:00 PM, in the Council Chamber of the Civic Center, 1243 National City Blvd., National City, CA 91950 for the purpose of considering an increase in rates for refuse services, including recycling and yard waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City CIerk, City of National City, at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest dust include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The amount of the increase to the residential rate was calculated by adding $0.05 to the rate for refuse, based on a July 1, 2014 increase in the tipping fee of $.45 per ton; adding $0.14 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; and adding $0.35 based on the San Diego Consumer Price Index (CPI) for years 2012 and 2013 of 3.28%. The amount of the increase to the commercial rates was calculated by adding $.39 to the rate for refuse, $.03 to the rate for yard waste, $.98 to the rate for recycling, and $2.08 based on the CPI. The amounts of the increases to the commercial rates were calculated based on the same increases to the tipping fees, impacts on recycling, and CPI index. An increase to the City Franchise Fee and Enterprise Fund of $.08 for residential and $.47 for commercial rates is also included in the overall adjustment. The total increase of $0.62 cents per month for residential users and $3.95 per month for commercial users would be effective for basic service subscriberw. The proposed increase in rates for refuse services would take effect on July 1, 2015. Additional information pertaining to this matter may be obtained from the Engineering Department at 1243 National City Blvd., National City, CA 91950 Current Monthly Rate Proposed Monthly Rate Residential Service Rates Base Rate $17.47 Senior Discount Rate $13.99 Silver Bag Rate $2.39 per bag $18.09 $14.49 $2,48 per bag Attachment 3 Residential Rates Adjustment National City Rate Adjustment July 1, 2015 Gross Rats n yo:uESF w.onic C EwEG Less Residents! Franchise Fees 9 % Less Enterprise Fund (res portion) Residential Rate Revenue Net of Franchise and Enterprise Fund Annual Amount 1,635,587 ($147,203) ($49,620) 1,438,764 venue Coornponents (net of Franchise Pots Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Net of Franchise Fees $1,438,764 100.00% Less: Actual Residential refuse Disposal Expense -$458,479 -31.87% Less: Actual Yard Waste Disposal (res portion) -$14,050 -0.98% Add: Recycling Revenue (residential portion) 641,926 2.56% Residential Service Revenue $1,008,162 69.72% ent factors Adjustment Factor Old Nev Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 41.28 3 41.73 $ 0.45 1.09% YW Tipping Fee per Ton $ 26.65 $ 27.37 $ 0,72 2.70% Recycling Revenue Increase / (Decrease) $70,050 $45,673 $ (24,377) -34.80% CPI- San Diego Index CUUSA424SA0 253.4 261.7 8.31 3.28% nt factors e Revenue Components _ Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 31.87% 1.09% 0.35% Yard Waste Disposal 0.98% 2.70% 0.03% Recycling Revenue (Increase)1Decrease -2.56% -34.80% 0.89% Service 69.72% 3.28% 2.29% Totals 100.00% _ 3.56% o Residential Rates Service r. Current Monthly Rate s Weighted Rate Adjustment. Rate Change Adjusted Monthly Rage Residential Single Family Rate $17.47 3.56% 0.62 18.09 Senior Rate $13.99 3.56% " 0.50 14.49 Silver Rag $2.39 3.56% 0.09 2.48 Mufti family recycling per Unit $0.99 3.56% 0.04 1.03 Updated Allocation of current rate change I Proposed New Rate Allocation Service Landfill Enterprise Fund Curbside Recycling Yard Waste collection Franchise Fee (9%) Total Rate $10.71 $4.90 $0.53 ($0.39) $0.15 $1.57 $0.35 $0.05 $0.02 $0.14 $0.00 $0.06 $11.06 $4.95 $0.55 ($025) $0.15 $1.63 $17.47 $0.62 $18.09 Attachment 4 Commercial Rates Adjustment National City Rate Adjustment -July 1, 2015 '' Gross Rate Revenue & Franchise Fees Gross Commercial Rate Revenue - 2014 Less Gros Franchise Fe8s © yr, Less Enterprise Fund (comm portion) Commercial Rate Revenue Net of Franchise Fee and Enterprise Fund Annual Amount 3.316,178 ($298,366) . ($95,578) 1 2 921 233 $ Revenue Components (net of Franchise Fees) Annual Amount "Grde;atit ge icu 'Revenue Net or Francnlee Fees Commercial Rate Revenue Net of Franchise Fees $2,921,233 100.00% Less: Actual Commercial Refuse Disposal Expense -$1,068,031 -36.56% Less: Actual Yard Waste DIsposai(comm portion) -$28,525 -0.98% Add: Recycling Revenue (comm portion) 435,123 2.91% Commercial Service Revenue $1 909,800 • 65.38% Adjustment Factor Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 41.28 $ _ 41.73 5 0.45 1.09% YW Tipping Fee per Ton $ 26.65 $ 27.37 $ 0.72 2.70% Recycling Revenue increase / (Decrease) $ 142,223 $ 92,730 $ (49,493) -34.80% CPI- San Deco Index CUUSA424SA0 253.4 261.7 3.28% 3.28% Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 36.56% 1.09% 0.40% Yard Waste Disposal 0.98% 2.70% 0.03% Recycling Revenue (Increase)/Decrease -2.91% -34.60% 1.01% Service 65.38% 326% 2.14% Totals 100.00% 3.58% Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Month Rate y 3 Cu Yerd x 1 week $110.23 3.58% $3.95 $114.18' Updated Allocation cf current rate Change Propnsed 1 New Allocation Service $63.50 $2.08 $65.58 Landfill $35.51 $0.39 3.29 $$ Enterprise Fund $3.18 $0.11 $3.29 Curbside Recycling ($2.83) $0.98 ($1.85) Yard Waste collection $0.95 $0.03 $0.98 Franchise Fee (9%) $9.92 $0.35 $10.28 Total Rate $110.23 $3.95 $114.13 Attachment 5 Residential Rates National City - current $17.47 Effective 7/1/13 1NationalProposed Escondido Coronado - Proposed Del Mar Chula Vista - 64 gal Santee La Mesa - Proposed Encinitas - Proposed Oceanside Carlsbad Vista Lemon Grove - Proposed Poway - Proposed San Marcos - Proposed El Cajon Chula Vista - 96 gal Solana Beach Imperial Beach - Proposed 08.09 Proposed I $18.71 $18.98 $19.40 $19.72 $19.74 $19.77 $19.78 $20.13 $20.40 $20.50 $21.10 $21.19 $21.49 $21.89 $23.21 $23.96 $28.62 Effective 3/1115 Proposed 7/1/15 Effective 7/1/14 Effective 11/1/14 Effective 7/1/14 Proposed 7/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 7/1/14 Effective 7/1/14 Proposed 7/1/15 Proposed 7/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 11/1/14 Effective 7/1/14 Proposed 7/1/15 NATIONAL CITY RATE SCHEDULE July 1, 2015 CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RUBBISH AND GARBAGE RATE RATE 1. RESIDENTIAL F2e_ r7i n'thl residentia! single family prcpeerties $17.47 $18.09 $0.62 For the second and for each additional residential unit in multiple dwellings which do not exceed four units $13.77 $14.26 $0.49 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $12.08 $12.51 $0.43 3. APARTMENT HOUSES One time per week, per unit, per month $12.27 $12.71 $0.44 4. SENIOR CITIZEN RESIDENTIAL. Per month $13.99 $14.49 $0.50 5. SILVER BAG SERVICE Per month $2.39 $2.48 $0.09 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month $20.85 $38.80 $49.87 $61.64 $80.52 Additional or unusual accumulation of rubbish (per cubic yard) $20.85 $21.60 $0.75 $40.19 $1.39 $51.66 $1.79 $63.85 $2.21 $83.40 $2.88 $21.60 $0.75 EXHIBIT"A►► Page 1 of 2 NATIONAL CITY RATE SCHEDULE July 1,2015 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RATE RATE 1 1 13 $11Q.23 $114.18 $3.95 2 1 26 $186.07 $192.73 $6.66 3 1 39 $261.92 $271.30 $9.38 4 1 52 $340.00 $352.17 $12.17 5 1 65 $418.07 $433.04 $14.97 6 1 78 $496.16 $513.92 $17.76 7 1 91 $574.23 $594.79 $20.56 1 2 26 $188.31 $195.05 $6.74 2 2 52 $337.77 $349.86 $12.09 3 2 78 $487.23 $504.67 $17.44 4 2 104 $634.45 $657.16 $22.71 5 2 130 $781.69 $809.67 $27.98 6 2 156 $928.92 $962.18 $33.26 7 2 182 $1,076.14 $1,114.67 $38.53 1 3 39 $266.38 $275.92 $9.54 2 3 78 $485.00 $502.36 $17.36 3 3 117 $703.61 $728.80 $25.19 4 3 156 $920.00 $952.94 $32.94 5 3 195 $1,136.37 $1,177.05 $40.68 6 3 234 $1,352.76 $1,401.19 $48.43 7 3 273 $1,569.14 $1,625.32 $56.18 1 4 52 $344.45 $356.78 $12.33 2 4 104 $632.23 $654.86 $22.63 3 4 156 $920.00 $952.94 $32.94 4 4 208 $1,205.52 $1,248.68 $43.16 5 4 260 $1,491.07 $1,544.45 $53.38 6 4 312 $1,776.60 $1,840.20 $63.60 7 4 364 $2,062.13 $2,135.95 $73.82 1 5 65 $422.54 $437.67 $15.13 2 5 130 $779.46 $807.36 $27.90 3 5 195 $1,136.37 $1,177.05 $40.68 4 5 260 $1,482.14 $1,535.20 $53.06 5 5 325 $1,Si27.90 $1,893.34 $65.44 6 5 390 $2,173.66 $2,251.48 $77.82 7 5 455 $2,519.45 $2,609.65 $90.20 1 6 78 $500.61 $518.53 $17.92 2 6 156 $926.69 $959.87 $33.18 3 6 234 $1,352.76 $1,401.19 $48.43 4 6 312 $1,765.45 $1,828.65 $63.20 5 6 390 $2,178.14 $2,256.12 $77.98 6 6 468 $2,590.82 $2,683.57 $92.75 7 6 546 $3,003.52 $3,111.05 $107.53 EXHIBIT "A" Page 2 of 2 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION TO INCREASE THE MONTHLY RATES FOR REFUSE COLLECTION SERVICES WHEREAS, on September 25, 1990, the City of National City and EDCO Disposal Corporation ("EDCO") entered into "The Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation" (the "Agreement") providing for refuse collection services; and WHEREAS, the Agreement was amended on June 22, 1993, pursuant to Resolution No. 93-86; on November 9, 1993, pursuant to Resolution No. 93-176; on June 21, 1994, pursuant to Resolution No. 94-88; on September 16, 1997, pursuant to Resolution No. 97-119; on June 12, 2001, pursuant to Resolution No. 2001-88; on May 20, 2003, pursuant to Resolution No. 2003-64; June 21, 2005, pursuant to Resolution No. 2005-134; on June 5, 2007, pursuant to Resolution No. 2007-116; and on June 4, 2013, pursuant to Resolution No. 2013- 79; and WHEREAS, pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged; and WHEREAS, EDCO has applied for an increase of $0.62 per month to the residential rate, and $3.95 per month to the standard commercial rate; and WHEREAS, the proposed increases are based on an increase in the tipping fees at the landfill, the decrease in revenue from recyclables sold, and the San Diego Consumer Price Index; and WHEREAS, pursuant to Section 4 of the Agreement titled "Rates for Contractor's Services", EDCO shall charge no more than the maximum rate set forth in the Rate Schedule, which is set out in Exhibit "A" to the Agreement, and WHEREAS, the proposed Amendment to the Agreement will replace Exhibit "A" with the Rate Schedule titled "NATIONAL CITY RATE SCHEDULE — July 1, 2015"; and WHEREAS, the proposed increases in rates reflected in the Rate Schedule will be effective July 1, 2015, and WHEREAS, on June 2, 2015, the City Council held a public hearing on the proposed increases in rates; and WHEREAS, during the public hearing, the City Council heard and considered all oral objections and protests against the proposed increases in rates; and WHEREAS, prior to the conclusion of the public hearing, the City Clerk received all written protests to the proposed increases in rates; and WHEREAS, the City Clerk counted the written protests; and WHEREAS, written protests against the proposed increases in rates were not presented by a majority of the owners or the tenants. Resolution No. 2015 — Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse (trash) service rate schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2015. PASSED and ADOPTED this 2nd day of June, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY RATE SCHEDULE July 1, 2015 CURRENT MONTHLY RUBBISH AND GARBAGE 1. RESIDENTIAL RATE Per month residential single family properties $17.47 For the second and for each additional residential unit in multiple dwellings which do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month 3. APARTMENT HOUSES One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL Per month 5. SILVER BAG SERVICE Per month $13.77 $12.08 $12.27 $13.99 $2.39 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month $20.85 $38.80 $49.87 $61.64 $80.52 Additional or unusual accumulation of rubbish (per cubic yard) $20.85 PROPOSED PROPOSED MONTHLY CHANGE RATE $18.09 $0.62 $14.26 $0.49 $12.51 $0.43 $12.71 $0.44 $14.49 $0.50 $2.48 $0.09 $21.60 $0.75 $40.19 $1.39 $51.66 $1.79 $63.85 $2.21 $83.40 $2.88 $21.60 $0.75 EXHIBIT "A" Page 1 of 2 NATIONAL CITY RATE SCHEDULE July 1,2015 BOX TYPE REFUSE SERVICE COLLECTION YARDS PER FREQUENCY MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE PROPOSED CHANGE 1 1 $110.23 $114.1 $3 2 2 $186.07 $192.7 $6 3 3 $261.92 $271.3 $9 4 5 $340.00 $352.1 $1 5 6 $418.07 $433.0 $1 6 7 $496.16 $513.9 $1 7 9 $574.23 $594.7 $2 1 Q n 1 2 $188.31 $195.0 $6 2 5 $337.77 $349.8 $1 3 7 $487.23 $504.6 $1 4 1 $634.45 $657.1 $2 5 1 $781.69 $809.6 $2 6 1 $928.92 $962.1 $3 7 1 $1,076.1 $1,114 $3 R d F7 R 1 3 $266.38 $275.9 $9 2 7 $485.00 $502.3 $1 3 1 $703.61 $728.8 $2 4 1 $920.00 $952.9 $3 5 1 $1,136.3 $1,177 $4 6 2 $1,352.7 $1,401 $4 7 2 $1,569.1 $1,625 $5 7 a R9 F 1 5 $344.45 $356.7 $1 2 1 $632.23 $654.8 $2 3 1 $920.00 $952.9 $3 4 2 $1,205.5 $1,248 $4 5 2 $1,491.0 $1,544 $5 6 3 $1,776.6 $1,840 $6 7 3 $2,062.1 $2,135 $7 1 6 $422.54 $437.6 $1 2 1 $779.46 $807.3 $2 3 1 $1,136.3 $1,177 $4 4 2 $1,482.1 $1,535 $5 5 3 $1,827.9 $1,893 $6 6 3 $2,173.6 $2,251 $7 7 4 $2,519.4 $2,609 $9 .ri s F5 n 1 7 $500.61 $518.5 $1 2 1 $926.69 $959.8 $3 3 2 $1,352.7 $1,401 $4 4 3 $1,765.4 $1,828 $6 5 3 $2,178.1 $2,256 $7 6 4 $2,590.8 $2,683 $9 7 5 $3,003.5 $3,111 $1 A n C n'7 EXHIBIT "A" Page 2 of 2 CC/CDC-HA Agenda 6/2/2015 — Page 508 The following page(s) contain the backup material for Agenda Item: Status report and seeking direction on negotiations for a Lease/Operating Agreement with GB Capital Holdings, LLC (Pier 32 Marina) for the operation of the Waterfront Adventure Center. (Community Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2015 AGENDA ITEM NO. ITEM TITLE: Status report and seeking direction on negotiations for a Lease/Operating Agreement with GB Capital Holdings, LLC (Pier 32 Marina) for the operation of the Waterfront Adventure Center. (Community Services) PREPARED BY: Audrey Denham PHONE: 019-336-4243; EXPLANATION: DEPARTMENT: C APPROVED BY: Development FINANCIAL STATEMENT: ACCOUNT NO. N/P ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report Staff Report Status report and seeking direction on negotiations for a Lease/Operating Agreement with GB Capital Holdings, LLC (Pier 32 Marina) for the operation of the Waterfront Adventure Center. (Community Services) Summary Pier 32 Marina has the ability to operate the Waterfront Adventure Center and offer a variety of recreational aquatic, safety and environmental programs with a focus on community benefits and National City residents. In addition, they are capable of developing multiple partnerships to create maximum access and use of the facility. They also have the necessary capital to provide all furniture, fixtures and equipment. On May 19, 2015 City Council authorized staff to begin negotiating terms of a Lease/Operating Agreement with Pier 32 Marina. City staff are currently working together with Pier 32 Marina to develop programs and fees that will benefit National City residents. Staff has begun negotiating Lease/Operating Agreement terms with Pier 32 Marina and are seeking further direction. Lease/Operating Agreement Key Terms • Term. The Term of the Lease/Operating Agreement shall be for a period of 5 years with the option to extend the term for an additional 5 years upon mutual agreement. • Use. The premises are to be used for the purpose of conducting activities associated with the maintenance and operation of the Waterfront Adventure Center, and offer a variety of recreational aquatic, safety and environmental programs with a focus on community benefits to the residents of the City of National City and to provide such means of education, wholesome recreation, and proper guidance as may seem desirable for the accomplishment of this purpose. • Activities and Fees. Pier 32 Marina shall submit a schedule of activities and fees to be approved by City Council as part of the Lease/Operating Agreement. On an annual basis Pier 32 Marina shall submit a schedule of activities and fees to be approved by City staff. • Use of Waterfront Adventure Center by City. The City shall be entitled to use of the Waterfront Adventure Center for 12 days each year at no cost. The dates of such use shall be mutually agreed upon in advance. • Rent. The City and Pier 32 Marina acknowledge that the consideration for the Lease/Operating Agreement shall be the monthly sum of $1.00. • Repairs by Lessee. Pier 32 Marina shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the building located on the premises. • Utilities. Pier 32 Marina will be responsible for payment of utilities, including but not limited to electric, gas, telephone, security, fire alarm, sewer, trash, and water. CC/CDC-HA Agenda 6/2/2015 — Page 512 The following page(s) contain the backup material for Agenda Item: Update on Community Service Day held on April 25, 2015. (Community Services) ITEM # 6-2-15 UPDATE ON COMMUNITY SERVICE DAY HELD ON APRIL 25, 2015 (COMMUNITY SERVICES) CC/CDC-HA Agenda 6/2/2015 — Page 514 The following page(s) contain the backup material for Agenda Item: Recap of the Green Street Tour. (Community Services) ITEM # 6-2-15 RECAP OF THE GREEN STREET TOUR (COMMUNITY SERVICES) CC/CDC-HA Agenda 6/2/2015 — Page 516 The following page(s) contain the backup material for Agenda Item: Report on the upgrade and deployment of the Library's new public computers. (Library) ITEM # 06/02/15 REPORT ON THE UPGRADE AND DEPLOYMENT OF THE LIBRARY'S NEW PUBLIC COMPUTERS (LIBRARY)