HomeMy WebLinkAbout1999 10-26 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, OCTOBER 26, 1999 - 6:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBM►T IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 12,
1999.
COUNCIL AGENDA
10/26/99 Page 2
PROCLAMATION
Proclaiming the month of November 1999 to be: "HIV/AIDS AWARENESS
MONTH" and December 1, 1999 as: "WORLD AIDS DAY"
INTERVIEWS/APPOINTMENTS
Street Tree & Parkway Committee - Reappointment
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
1. Resolution No. 99-169
Resolution of the City Council of the City of National City authorizing the City
Engineer to establish a green curb visitor parking zone at 1701 "D" Avenue.
(National City Middle School, TSC Item No. 99-25) (Engineering)
2. Resolution No. 99-170
Resolution of the City Council of the City of National City awarding a contract to
MJC Construction Company for the repair of 30th Street between National City
Boulevard and "B" Avenue. (Specification No. 99-5). (Engineering)
3. Resolution No. 99-171
Resolution of the City Council of the City of National City approving a tentative
subdivision map for division of one lot into eleven single-family parcels at the
southeast corner of 9th Street and Paradise Drive. Applicant: Paradise Knoll
Partnership/Wilifrido C. Naval. Case File Nos. S-1999-1/IS-1999-1. (Planning)
COUNCIL AGENDA
10/26/99 Page 3
CONSENT CALENDAR (Cont.)
4. Ratification of public fireworks display conducted by Sweetwater Union High
School on October 15, 1999. (Fire)
5. WARRANT REGISTER #15 (Finance)
Ratification of Demands in the amount of $890,626.24.
6. WARRANT REGISTER #16 (Finance)
Ratification of Demands in the amount of $537,389.58.
ORDINANCES FOR ADOPTION
7. An Ordinance of the City Council of the City of National City amending the
National City Municipal Code by amending Title 6 by repealing Chapters 6.46,
6.48 and 6.56 regarding business licenses and regulations; amending Title 7,
Chapters 7.20 and 7.28 regarding property conservation and community
appearance; amending Title 9, Chapter 9.06 regarding food vending vehicles;
amending Title 10, Chapter 10.22 regarding public peace, morals and safety;
and Title 11, Chapter 11.32 regarding vehicles and traffic. (City Attorney)
8. An Ordinance of the City Council of the City of National City amending Title 7,
Chapter 7.10, Chapter 7.20 and Chapter 7.32 of the National City Municipal
Code, regulating garbage and rubbish containers, outdoor activities and
enforcement. (Planning)
COUNCIL AGENDA
10/26/99 Page 4
NEW BUSINESS
9. Use of the Community Center on December 18, 1999 by a non-profit local
chapter of Alcoholic Anonymous for an informational meeting. Waiver of fees is
requested. (Public Works)
10. Notice of Decision - Conditional Use Permit for a martial arts studio at 26 N.
Euclid Avenue. Case File No. CUP-1999-7. Applicant: Troy Rawls. (Planning)
11. Notice of Decision - Conditional Use Permit for a wireless communications
facility on a vacant lot east of 1840 E. 12th Street, and west of the 1-805 freeway.
Case File No. CUP-1999-4. Applicant: Nextel. (Planning)
- CITY MANAGER
-> CITY ATTORNEY
-* OTHER STAFF
- MAYOR
-* CITY COUNCIL
12. Letter from Tracy Gorman of the American Lung Association regarding tobacco
control policies. (Councilman Inzunza)
COUNCIL AGENDA
10/26/99 Page 5
NEW BUSINESS (Cont.)
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
CLOSED SESSION
Public Employee Discipline/Dismissal/Release
Government Code Section 54957
ADJOURNMENT
Adjourned Workshop - October 28, 1999 at 3:00 p.m. - Large Conference
Room, Civic Center.
Next Regular City Council Meeting - November 2, 1999 at 3:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
{
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
)tL of National. pity
rortantatiott
NNANNNThe global spread of HIV infection and AIDS necessitates a worldwide effort to
increase communication, education and action to stop the spread of HIV/AIDS; and
The joint United Nations Program on HIV/AIDS (UNAIDS) observes December 1 of
each year as World AIDS Day —a day to expand and strengthen the worldwide
effort to stop the spread of HIV/AIDS; and
In San Diego County there were 10,000 people diagnosed with HIV and AIDS
through August 31, 1999; and
HIV/AIDS Awareness Month and World AIDS Day provide an opportunity to focus
on the prevention of HIV infection and AIDS, caring for people with HIV infection
and AIDS, learning about HIV/AIDS, and taking action in each of these areas; and
The 1999 World AIDS Day theme, "Listen, Learn, Live," urges the world to
contemplate the long-term repercussions of AIDS, and recognizes that everyone can
do something about the pandemic through prevention, education and compassion.
NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City,
do hereby proclaim the month of November 1999 to be:
"HIV/AIDS AWARENESS MONTH "
and December 1, 1999 as:
"WORLD AIDS DAY"
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National
City to be affixed this 26th day of October, 1999.
Office of the Mayor
1243 National City Blvd., National City, CA 91950 (619) 336-4526
George H. Waters - Mayor
OCTOBER 20, 1999
TO: COUNCILMEMBERS
FROM: MAYOR GEORGE H. WATERS
SUBJECT: STREET TREE & PARKWAY COMMITTEE
Please be advised that Roy Cesena's term on the Street Tree & Parkway Committee
expired on April 30, 1999. Mr. Cesena served one term on the above -subject
committee and is requesting consideration for reappointment.
If there are no objections, I recommend we reappoint Mr. Cesena for a term ending
April 30, 2003. This item will be placed on the Council Agenda for the meeting of
October 26, 1999.
H. WATERS
GEORG H. H. WWATATERS
Mayor
GHW:nu
® Recycled Paper
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS
PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background
information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City.
Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
(You May Apply for More than One)
Building Advisory & Appeals Board
Civil Service Commission
Senior Citizens Advisory Board
Parks & Recreation Advisory Board
Serra Library Systems Board
Street Tree & Parkway Committee 3
Project Area Committee
Student Commissioner
Name:
Planning Commission
Port Commission
Traffic Safety Committee
Library Board of Trustees
Sweetwater Authority
San Diego County Water Authority _
Housing & Community Development
Committee
O� Birth Date c —�-
'tom) (Optional)
Home Address: ( 007 f ()-� 1 C
(Last)
Telephone: Residence ( I R -- Y 7 91-- LA-3 Business/Work ( Q )
NUMBER OF YEARS YOU HAVE LIVED IN: /�
CALIFORNIA? r7/ SAN DIEGO COUNTY?
^ T/.n NATIONAL CITY? ry
ARE YOU A REGISTERED VOTER: YES v NO
or�Y;rn �. �tiYY�i�.:m3:3.;e,,�.,:am,.. i}..,...
�.:ti:n...\ ...C.:x.A.:. x. 4 _..gii %`}by.Jli.JJYiJJA,}::.J: JX:}Xi.::: .:v.::i::.v:i::.vR Yii::.v:: nv:::::::.v...n. iv/: :}�A'J`:/:nwrvevJ'fv.: ii.::iJh:p-nvvi4.v:I:IJ.}J:v}.iiien:is;i �•v _ _
µwy:5:?....::.v::.: vi:::'{ntli xr'Olin:-:iF.J::. :}.iv.. :-v. n.. _.. ..
.... n.... .v... F..:n::%.... h:i:.:iJY:::N:: �.::: ':: x:-::.v:.v.::: }:..v:: vh.v.iJ:v'i}i::i:}:ii 'iv n}:iN::i43�vi:: ..�:IX.v v:nvv�gv�i
:......... ..::.vr:. f..v.0..:+•:.i : i� 4:}t}�'A..v.%.':{din:;.
S:Xrp'.4 .TJ.:..:.:.:iY iYnv'v:M.}P:S
':v.iry::.:N
an Colleges attended and degrees held, if �(
Y
Related Professional or Civic
Experience: �t'ev Oau .i[' t L.-1 i y %r e
PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE
REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR
COMMISSIONS:
CC?) Lt\
l s 1
DATE: YOUR SIGNATURE
RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATI6NAL CITY
1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950
-PP _ , . Qd-(, ,�--
c .. p� ,/1.1631,,-n,. • may ,
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
AGENDA ITEM NO. 1
(-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A GREEN
CURB VISITOR PARKING ZONE AT 1701 "D" AVENUE (NATIONAL CITY MIDDLE SCHOOL,
TSC ITEM NO. 99-25)
PREPARED BY
Adam Landa
DEPARTMENT Engineering
EXPLANATION
The Traffic Safety Committee has reviewed the green painted curb in front
of National City Middle School. Staff completed an investigation of the
site and recommended that two (2) visitors parking spaces be permitted (20
ft.). The Traffic Safety Committee approved the staff recommendation for
two (2) visitors parking spaces at their meeting on October 13, 1999.
Environmental Review X N/A
Financial Statement
Adopt the Resolution.
ti
1)4
STAFF RECOMMENDATION
Adopt the Resolution.
Account No.
BOARD/COMMISSION RECOMMENDATION
The Trattic Satety Committee at its meeting of October 13, 1999 approved
two visitor parking spaces and removed the remaining green curb at 1701 "D"
Avenue.
ATTACHMENTS ( Listed Below )
1. Resolution
2. Staff Report to the Traffic Safety Committee
99-169
Resolution No.
A-200 (9/80)
RESOLUTION NO. 99- 169
RESOLUTION OF'1'HE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
AUTHORIZING 1'HE CITY ENGINEER TO ESTABLISH A
GREEN CURB VISITOR PARKING ZONE AT 1701 "D" AVENUE
(National City Middle School, TSC Item No. 99-25))
WHERES, City Staff has completed aninvestigation of the site at National City
Middle School located at 1701 "D" Avenue and recommeds that two (2) visitor pacing spaces (20
feet) be permitted; and
WHEREAS, the Traffic Safety Committee has recommended approval of two (2)
visitor pacing spaces (20 feet) at National City Middle School located at 1701 "D" Avenue at its
regular meeting on October 13, 1999.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the City Council hereby authorizes the City Engineer to install two (2) visitor inking spaces
(20 feet) at National City Middle School located at 1701 "D" Avenue.
PASSED and ADOY1'1,D this 268i day of October, 1999.
AtThST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H.Eiisser, III
City Attorney
George 11 Waters, Mayor
2
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR OCTOBER 13,1999
ITEM TITLE: NATIONAL CITY MIDDLE SCHOOL GREEN CURB (BY: STAFF,
TEL 336-4394)
PREPARED BY: Adam Landa, Engineering Department
DISCUSSION:
National City Middle School has illegally painted the curb green in front of their property. Staff
believes that the curb was painted for visitors. Staff has investigated the site over a period of 2
weeks from August 30 to September 15, 1999 and found that two to three of the four parking spaces
are being used by school staff.
STAFF RECOMMENDATION:
Approve two (2) visitor parking spaces and remove the remaining green curb. Open for discussion.
EXHIBITS:
1. Letter from Public Works
2. Location Map
AUGUST 27, 1999
On 7/26/99 the Paint Crew at my direction removed several curb markings that reserved parking
for schoolstaff from the public right-of-way on "D" Ave. adjacent to National City Middle
School. The next week we noticed the markings had been repainted, we assume by school
district. It was my intent to have the unauthorized markings removed the next day, but Terry
contacted the school district and in attempting to work with them, he let them have until 8/26/99
to find a solution to their parking problem.
On 8/27/99 after no action by the school district the Paint Crew removed from the public
right-of-way on "D" Ave. the unauthorized curb markings and a freshly painted, unauthorized
and improperly installed Disabled Parking Space (they have 2 off street disabled spaces).
However we did leave a section of green curb designated for visitors that has not been approved
by Traffic Safety or Council, in the future we may want to return this to gray or have them go
through the process of making this a legal installation.
JEFFREY SERVATIUS
STREET MAINT. SUPERVISOR
CIJ
II IL- IIIII IIIIII
16TH
STREET
lOPION
21st
STREET
W
z
W
>
U
STREET
W
z
W
>
STREET
A
16TH STREET
w
z
w
>
Q
N. C. MIDDLE SCHOOL
(SITE
18th
w STREET
z
w
>
Li
LOCAL ION
473
w
z
w
oct
19th
STREET
w
STRE
21st
22nd
W
0
STR
STF
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
AGENDA ITEM NO. 2
(ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A\
CONTRACT TO MJC CONSTRUCTION COMPANY FOR THE REPAIR OF 30TH STREET BETWEEN
NATIONAL CITY BOULEVARD AND "B" AVENUE, SPEC. NO. 99-5
PREPARED BY Stephen KirkpatrickDEPARTMENT
EXPLANATION
Engineering
On October 15, 1999 bids were received and opened for the 30th Street
repair between National City Boulevard and "B" Avenue, Spec. No. 99-5. The
project includes the repair of a settling portion of 30th Street. The
repair includes the removal and replacement of curb, gutter, and sidewalk;
full depth pavement repair and pavement overlay; and the relocation of an
existing sewer main and the construction of three new manholes. The
project re -constructs the street and appurtenances at its original grade.
The street section has settled in excess of two feet since its original
construction. The street is constructed over a closed landfill site (Duck
Pond). The Contractor will be allowed 40 working days to complete the
project. Staff has reviewed the bid documents and found the lowest
responsive bidder, MJC Construction Company, qualified to perform the work.
The total cost for the project is estimated as $160,500. This amount
includes the construction bid cost of $139,502.25 plus approximately 5%
($7,000) for inspection and material testing services and approximately
\,.10% (13,997.75) for contingencies.
Environmental Review X N/A
Financial Statement The total project cost will be $160,500.
available through Account No. 109-409-500-598-1303-R.
Funding is
Acco No.
STAFF RECOMMENDATION
Adopt the Resolution awarding the contract to MJC Construction for the
repair of 30th Street, Spec. No. 99-5
.01
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Bid Opening Sheet
3. Bid Results Spreedsheet
Resolution No. 99-170
A-200 (9/80)
99-5
RESOLUTION NO. 99- 170
RESOLUTION OF TIE CITY COUNICIL OF
1'HE CITY OF NAITONAL CITY
AWARDING A CONTRACT TO MJC CONSTRUCTION
COMPANY FOR ELIE REPAIR OF 30TH STREET BETWEEN
NATIONAL CITY BOULEVARD AND `B" AVENUE
(Specification No. 99-5)
WHEREAS, the Engineering Department of the City of National City did, in open
session on October 15, 1999, publicly open, examine and declare all sealed bids for the repair of
30th Street between National City Boulevard and "B" Avenue.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the
City of National City hereby awards the contract for the repair of 30t Street between National
City Boulevard and `B" Avenue to the lowest responsive, responsible bidder, to wit:
MJC CONSTRUCTION COMPANY
BE IT FURTHER RESOLVED by the City Council of the City of National City,
California, that the Mayor is hereby authorized to execute on behalf of the City, a contract
between MJC Construction Company and the City of National City to repair of 30th Street
between National City Boulevard and `B" Avenue. Said agreement is on file in the office of the
City Clerk.
PASSED and ADOPTED this 26th day of October, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, IQ
City Attorney
BID OPENING
SPECIFICATION NUMBER: 99-5
30TH STREET REPAIR BETWEEN NATIONAL CITY
PROJECT TITLE: BOULEVARD AND "B" AVENUE
OPENING DATE: FRIDAY, OCTOBER 15, 1999
TIME: 3:00 P.M.
ESTIMATE: $ 127 , 000
No.
1.
2.
3.
4.
5.
6.
Bidder's Name
(page or )
(Yl G C.a,2,5
( c-r...Nra,e
fro c.� �ri r Sau:e t
R
Bid Amount
(page )
1 50 2-
154.t(.0 00
142)416 . g5
(cl `1 44,00 .3 0
Addenda
(page )
No
No
Bid Security
(page 18 — check)
(page 19 —bond)
bo
iDOv--c9.
bo
7.
8.
9.
10.
11.
12.
13.
14.
15.
NAMES/ADDRESSES OF BIDDERS:
1. MJC CONSTRUCTION
1234 NOLAN AVENUE
CHULA VISTA, CA 91911
2. GRANITE CONSTRUCTION
14080 "B" SAN PASCUAL VALLEY RD.
ESCONDIDO, CA 92027
3. PACIFIC SOUTHWEST
1161 E MAIN ST.
EL CAJON, CA 92021
4. ABC CONSTRUCTION CO.
3120 NATIONAL AVENUE
SAN DIEGO, CA 92113
5. ANDERSON PIPING
P.O. BOX 20517
EL CAJON, CA 92021
October 18, 1999
Bid Results for: 30th Street Repair Between National City Blvd. and "B" Avenue
MJC Construction
Pacific Southwest
Granite Construction
Anderson Pip ng Contractors
ABC Construction
No.
Item
Qnty
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
1
Mobilization
1
LS
$1,000.00
$1,000.00
$8,150.00
$8,150.00
$15,000.00
$15,000.00
$10,000.00
$10,000.00
$1,000.00
$1,000.00
2
Clearing and
Grubbing
1
LS
$10,000.00
$10,000.00
$21,000.00
$21,000.00
$23,934.00
$23,934.00
$26,000.00
$26,000.00
$45,404.00
$45,404.00
3
Cut, Cap, and
Grout Sewer
Main
1
LS
$3,500.00
$3,500.00
$3,000.00
$3,000.00
$6,000.00
$6,000.00
$2,000.00
$2,000.00
$4,370.00
$4,370.00
4
Overexcavate
and Recompact
1
LS
$7,200.00
$7,200.00
$3,800.00
$3,800.00
$6,400.00
$6,400.00
$18,000.00
$18,000.00
$12,098.00
$12,098.00
5
Import
1
LS
$5,000.00
$5,000.00
$22,400.00
$22,400.00
$4,500.00
$4,500.00
$12,500.00
$12,500.00
$23,258.00
$23,258.00
6
8" PVC SDR-35
Sewer Main
174
LF
$95.00
$16,530.00
$58.05
$10,100.70
$85.00
$14,790.00
$222.67
$38,744.58
$109.25
$19,009.50
7
Sewer Manhole
(Type S-2)
2
EA
$8,000.00
$16,000.00
$3,250.00
$6,500.00
$8,000.00
$16,000.00
$4,500.00
$9,000.00
$9,200.00
$18,400.00
8
Sewer Manhole
(Drop)
1
EA
$4,000.00
$4,000.00
$5,850.00
$5,850.00
$14,000.00
$14,000.00
$9,500.00
$9,500.00
$4,600.00
$4,600.00
9
10" Bg sreegate
550
TON
$35.00
$19,250.00
$30.00
$16,500.00
$24.00
$13,200.00
$31.00
$17,050.00
$28.90
$15,895.00
10
3"AC Sectioning
180
TON
$100.00
$18,000.00
$83.33
$14,999.40
$68.00
$12,240.00
$75.00
$13,500.00
$102.10
$18,378.00
11
1"AC Paving
Overlay
80
TO
N
$150.00
$12,000.00
$101.25
$8,100.00
$68.00
$5,440.00
$95.00
$7,600.00
$136.00
$10,880.00
12
AC Pavement
Repair
4
TO
N
$300.00
$1,200.00
$325.00
$1,300.00
$68.00
$272.00
$400.00
$1,600.00
$334.00
$1,336.00
13
Traffic Stripping
1
LS
$2,000.00
$2,000.00
$2,200.00
$2,200.00
$2,000.00
$2,000.00
$550.00
$550.00
$1,150.00
$1,150.00
14
Curb & Gutter
345
LF
$16.00
$5,520.00
$12.18
$4,202.10
$9.40
$3,243.00
$18.75
$6,468.75
$10.60
$3,657.00
15
Sidewalk
1385
SF
$4.25
$5,886.25
$3.57
$4,944.45
$5.00
$6,925.00
$3.00
$4,155.00
$3.16
$4,376.60
Page 1 of 2
October 18, 1999
Bid Results for: 30th Street Repair Between National City Blvd. and "B" Avenue
MJC Construction
Pacific Southwest
Granite Construction
Anderson Piping Contractors
ABC Construction
No.
Item
Qnty
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
16
Pedestrian
Ramp
3
EA
$900.00
$2,700.00
$600.00
$1,800.00
$450.00
$1,350.00
$175.00
$525.00
$520.00
$1,560.00
17
Driveway
204
SF
$9.00
$1,836.00
$4.90
$999.60
$3.75
$765.00
$4.10
$836.40
$4.30
$877.20
18
Crossgutter
490
SF
$12.00
$5,880.00
$6.94
$3,400.60
$5.30
$2,597.00
$8.10
$3,969.00
$6.00
$2,940.00
19
Traffic Control
1
LS
$2,000.00
$2,000.00
$3,250.00
$3,250.00
$7,500.00
$7,500.00
$7,500.00
$7,500.00
$9,271.00
$9,271.00
Total
$139,502.25
$142,496.85
$156,156.00
$189,498.73
$198,460.30
Engineer's Estimate
$ 127,000.00
$127,000.00
$127,000.00
$ 127,000.00
$ 127,000.00
Percent Over Estimate
9.8%
12.2%
23.0%
49.2%
56.3%
Page 2 of 2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
3
AGENDA ITEM NO.
%ITEM TITLE RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF ONE
LOT INTO ELEVEN SINGLE-FAMILY PARCELS AT THE SOUTHEAST CORNER OF 9th STREET AND
PARADISE DRIVE (APPLICANT: PARADISE KNOLL PARTNERSHIP/WILFRIDO C. NAVAL) (CASE
FILE NOS. S-1999-1, IS-1999-1)
PREPARED BY Jon Cain - Assistant Planner DEPARTMENT Planning
EXPLANATION
The Council voted to approve this item at the October 12, 1999 public hearing. The attached resolution is
necessary to follow through on the action. The resolution includes an additional condition that roof colors
be modified as requested at the public hearing.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt the attached resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution
Resolution No.
99-171
A-200 (9/80)
RESOLUTION NO. 99-171
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP
FOR DIVISION OF ONE LOT INTO ELEVEN SINGLE-FAMILY
PARCELS AT THE SOUTHEAST CORNER OF
91H STREET AND PARADISE DRIVE.
APPLICANT: PARADISE KNOLL PARTNERSHIP/WILIFRIDO C. NAVAL.
CASE FILE NOS. S-1999-1/IS-1999-1
WHEREAS, application was made for approval of a tentative subdivision map for the division of
one parcel into eleven at the southeast corner of 9th Street and Paradise Drive on property generally
described as:
All that portion of Lot 13 of Hills of Paradise, in the City of National City, County of San Diego,
State of California, according to map thereof no. 1860, recorded in the office of the County
Recorder of San Diego County, September 23, 1925, lying northerly of a line drawn parallel and
distance northerly 145.00 feet, measured at right angles from the southerly line of said lot 13.
WHEREAS, the Planning Commission of the City of National City, California, considered said
application and proposed Negative Declaration No. IS-1999-1 at public hearings held on August 16 and
September 20, 1999, and by Resolution recommended conditional approval of the application; and
WHEREAS, the City Council of the City of National City considered said application and
proposed Negative Declaration No. IS-1999-1 at a public hearing held on October 12, 1999, at which
time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report prepared for Case
File Nos. S-1999-1 and IS-1999-1 which is maintained by the City, and incorporated herein by
reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State and City
law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of public
health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City,
California, that it hereby approves the tentative subdivision map to divide one parcel into eleven parcels
based on the following findings:
CONTINUED ON PAGE 2
Resolution No. 99-171
Page 2
1. The proposed map is consistent with the National City General Plan and applicable specific
plans, since the map provides for the widening of 9th Street as required by Specific Plan-10-
76, and the map provides for the development of eleven single -family -homes in a single-
family zone which will provide opportunities for home ownership. In addition, proposed
lot sizes conform with the 5,000 square foot minimum called for by the combined General
Plan/Zoning designation.
2. The site is physically suitable for the proposed type of development, since the proposed
grading will accommodate building pals and yard areas for 1,600 square -foot homes.
3. The site is physically suitable for the proposed density of development, since split-level
building sites and larger than standard lots will provide useable yard areas on the lots
affected by larger slopes.
4. The design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat, since no unique environmental resources exist on the site.
5. The design of the subdivision and the proposed/required improvements are not likely to
cause serious public health problems, since all necessary public services will be provided.
6. The design of the subdivision and the proposed/required improvements will not conflict
with easements, acquired by the public at large, for access through or use of the property
within the proposed subdivision, since no such easements are located on the site.
7. The discharge of sewerage waste from the subdivision into the City of National City sewer
system will not result in violation of existing requirements prescribed by the California
Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000)
of the Water Code, as specified by Government Code Section 66474.6.
8. The subdivision has been considered by the City Council with regard to its effect on the
housing needs of the region, and these needs are balanced by the public service needs of the
residents and available fiscal and environmental resources.
9. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating and cooling opportunities in the subdivision, based on consideration of local
climate, topography, property configuration and other design and improvement
requirements without requiring reduction in allowable density or lot coverage.
CONTINUED ON PAGE 3
Resolution No. 99-171
Page 3
BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative
Declaration No. IS-1999-1, together with any comments received during the public review process, and
finds on the basis of the Initial Study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment, approves the proposed Negative
Declaration, and authorizes the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative
subdivision map for division of a vacant lot into eleven single-family parcels at the southeast corner of
9th Street and Paradise Drive is hereby approved subject to the following conditions:
1. A Hydrology study (100-year flood) shall be submitted for review and approval by the
City Engineer. The study will consider the area from the proposed project area to the
closest municipal storm drain collection pipe inlet.
2. A grading and drainage plan shall be submitted for review and approval by the City
Engineer showing all of the proposed and existing on- and off -site improvements. The
plan shall be prepared in accordance with the City's standard requirements by a
Registered Civil Engineer. All necessary measures for prevention of storm water
pollution, and hazardous material run-off to the public storm drain system from the
proposed development shall be implemented with the design of the grading plan. This
shall include the provision of such devices as storm drain interceptors, clarifiers, or
filters. Checklist for preparation of the grading and drainage plan is available at the
Engineering Department.
3. All surface run-off, including landscaping adjoining the public right-of-way, shall be
collected by approved drainage facilities, and directed to the street by sidewalk
underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off,
as a result of this development.
4. Separate street improvement plans shall be submitted, prepared by a Registered Civil
Engineer, showing all of the existing and proposed improvements. The plans shall be in
accordance with the City requirements, and shall show the following: Paradise, 9th Street,
Paradise Knoll Ct. The deteriorated portions of the existing street improvements along
the property frontages shall be removed and replaced, specifically, on 9th Street and
Paradise to the center line of the street. Missing street improvements shall be constructed
along the property frontage.
5. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all proposed and existing irrigation and
landscaping improvements installed within the public right-of-way. The sprinkler heads
shall be adjusted so as to prevent overspray upon the public sidewalk, or the streets. The
CONTINUED ON PAGE 4
Resolution No. 99-171
Page 4
proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation
mainline upon private property only, as required by the City. The property owner, its
successors or assigns shall remove and relocate all irrigation items from the public right-
of-way at no cost to the City, and within a reasonable time frame upon a written
notification by the City Engineer.
6. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall
be placed between the bottom layer of the finished surface and the top of the lines.
7. A soils engineering report shall be submitted for the Engineering Department's review.
The report shall address the stability of all of the existing and proposed slopes on
property. It shall also address the adequacy of the building pads, the criteria for any new
retaining wall design, the maximum allowable soil bearing pressure and the required
pavement structural sections for the proposed streets, the parking areas, and the
driveways. Street right-of-way shall be dedicated to the City and the street pavement
sections shall be in accordance with Standard Drawing G-24 modified.
8. The method of sewage collection and disposal shall be shown on the grading/drainage
plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean -
out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark
the location of the lateral.
9. A new street light is required on Paradise Knoll Ct. The street light shall be per City
standards. The location of the light shall meet the A.D.A. requirements. The feasibility
and the electrical energy availability of the street light will be verified with the Public
Works Department first prior to its final approval and installation.
10. The existing street improvements along the property frontage(s) shall be kept free from
weed growth by the use of special weed killers, or other approved methods.
11. All existing survey monuments, including any benchmark, within the boundaries of the
project shall be shown on the plans. If disturbed, they shall be restored by a licensed land
surveyor or civil engineer after completion of the work. The appropriate document shall
be filed with the County Recorder and a copy given to City at time of recording.
12. The existing and proposed curb inlets shall be provided with a "No Dumping" tile in
accordance with the NPDES program.
13. The/any unused driveway shall be removed and replaced with full height curb, and
sidewalk. All driveways (new and existing) shall be shown on the plans.
CONTINUED ON PAGE 5
Resolution No. 99-171
Page 5
14. A permit shall be obtained from the Engineering Department for all improvement work
within the Public Right -of -Way.
15. A permit shall be obtained from the Engineering Department for retaining walls and the
grading construction on private property.
16. A cost estimate shall be submitted with the plans. A performance bond equal to the
approved cost estimate for all of the proposed grading, drainage, street improvement,
landscaping and retaining wall work shall be posted. Three percent (3 %) of the
estimated cost shall also be deposited with the City as an initial cost for plan checking
and inspection services at the time the plans are submitted. The deposit is subject to
adjustment.
17. A title report shall be submitted to the Engineering Department for a review of all
existing easements and ownerships at the property.
18. All curb return radii shall be 25 feet. The plan shall call -out any required right-of-way
dedication, and shall show the relocation of all existing improvements, such as fire
hydrant, utility boxes, poles, etc. in conflict with the work.
19. The final map/parcel map shall meet all of the requirements of the Subdivision Map Act,
and the National City Municipal Codes including certification, acknowledgment,
complete boundary information and monumentation.
20. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire
flow requirements have been met. If additional improvements are needed, the developer
shall enter into an agreement for the water improvements with the Authority prior to
obtaining the final map approval.
21. Separate water and sewer laterals shall be provided to each lot/parcel.
22. The developer shall bond for the monumentation, the public improvements and the on -
site grading, drainage, landscaping, and other improvements through an agreement with
the City prior to the approval of the final map.
23. All utility distribution facilities within the boundaries of the subdivision, and within the
half street abutting the new subdivision, shall be placed underground.
24. The final map shall be recorded prior to issuance of any building permit.
CONTINUED ON PAGE 6
Resolution No. 99-171
Page 6
25. All new property line survey monuments shall be set on private property, unless
otherwise approved.
26. The parcel map/final map shall use the California Coordinate System for its "Basis of
Bearings" and express all measured and calculated bearings in terms of the system. The
angle of grid divergence from a true meridian, and the north point shall appear on the
map. Two measured ties from the boundary of the property to existing horizontal control
stations shall be shown.
27. Approval of the tentative map expires two (2) years after adoption of the resolution of
approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding
three (3) years has been filed as provided by Section 66452.6 (e) of the California
Government Code.
28. Plans must comply with the current editions of the Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, the National Electrical Code; and the State
Title 24 energy regulations.
29. Each lot shall have a minimum lot area of 5,000 square feet and a minimum of fifty feet
of street frontage, or a minimum of thirty-six feet of street frontage if fronting on the bulb
of the proposed cul-de-sac, consistent with exhibit A-2"d Revision, dated 7/19/99.
30. The final map shall be in substantial conformance with the tentative map depicted in
exhibit A-2" Revision, dated 7/19/99, and landscaping for the project shall be installed at
the time of grading in substantial conformance with exhibit A-2nd Revision, dated
7/19/99.
31. The following measures to prevent the loss of historical items shall be undertaken by a
qualified historical archaeologist:
a. Additional historical and archaeological research shall be conducted to obtain
information about the house and its history of occupation.
b. Trenches shall be excavated with a backhoe to identify any dump or privy areas
where historical artifacts may be preserved. Trenching should be halted as soon
as cultural materials are found.
c. If intact cultural materials are found during backhoe trenching, they should be
removed by hand excavation.
d. All materials collected at the site should be cataloged, analyzed, and prepared for
curation.
e. A report should be prepared for submittal to the City describing the importance of
the house site to the history of the area and addressing the history of this particular
house. Comparisons should be made with other areas of San Diego County.
CONTINUED ON PAGE 7
Resolution No. 99-171
Page 7
32. Buildings shall be in substantial conformance with those depicted in exhibit B, dated
4/23/99. The Subdivider shall record with the County Recorder a notice of restriction to
indicate this requirement prior to the approval of the final map.
33. Roof tile color shall be modified and subject to the approval of the Planning Director.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the resolution is adopted. The time within which
judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure
Section 1094.6.
PASSED and ADOPTED this 26th day of October, 1999.
GEORGE H. WATERS, MAYOR
ATTEST:
MICHAEL R. DALLA, CITY CLERK
APPROVED AS TO FORM:
GEORGE I -I. EISER, III -CITY ATTORNEY
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999 AGENDA ITEM NO. 4
t. ITEM TITLE
RATIFICATION OF PUBLIC FIREWORKS DISPLAY CONDUCTED BY"'
SWEETWATER UNION HIGH SCHOOL ON OCTOBER 15, 1999
PREPARED BY Donald Condon,0 DEPARTMENT
Fire Marshal
EXPLANATION
On 10/13/99 Sweetwater Union High School requested permission to conduct
a public fireworks display for a special event to be conducted on school
property on 10/15/99. This fireworks display used only ground sets with
no aerial shells or salutes.
Fire
A Fire Department permit was issued on 10/14/99 to Pyro Spectaculars to
conduct this display after all the following requirements were met:
1. City of National City, Public Property Use Hold Harmless and
Indemnification Agreement signed by the Assistant Principal of
Sweetwater Union High School.
2. Certification of Insurance provided.
3. Pyrotechnic Operator License provided.
4. National City Fire Department "Public Fireworks Display Application
for Permit" completed and submitted.
A site inspection was conducted by the Fire Department prior to final
approval of the display.
Environmental Review x N/A
Financial Statement
N/A
Account No.
STAFF RECO ENDATION
Ratify issuance of the fireworks disp perm is e. on 10/14/99.
BOARD/COMMISSION RECOMMENDATION
N/A
Randy K
,
ire Chief
ATTACHMENTS (Listed Below)
1. Fireworks display permit.
2. Indemnification Agreement.
3. Certification of Insurance.
Resolution No.
A-200 (Rev. 9/80)
\\\"nmmw1111/ ////ri
I. 'Slat CITE
N.C.F.D.
PAID
Amount: $65.00
Receipt: # /D'/23 7
Check: # / 33 Y
Date: ld//9-�
Received: D. LyMcEnery
PERMIT
Please type or print requested information and return to the National City Fire Department.
Owner Name
N/A
Contractor
PyroSpectaculars DBA San Diego Fireworks
Mailing Address
Address
7404 Mission Gorge Road
City, Zip
City, Zip
San Diego, CA 92120
Area Code/Telephone Number
Ea Code/Telephone Number
Phone: 583-6141 Fax: 583-6185
Job Name (if different from Owner)
Sweetwater Union High School
Contractor's License Number
GPD- 672
Job Address
2900 Highland Avenue
Sign u tractor) --
City, Zip
National City, CA 91950
Si nature ire
1\
Spector)
/D-/S- 7
UFC CODE SECTION
FEE CODE
(XX) USE ( ) HANDLE ( ) INSTALL ( ) MANUFACTURE ( ) STORE ( )
REMOVE
Article 78
12-05
Permit for public fireworks display by a LICENSED PYROTECHNIST in
accordance with Title 19 CCR and Article 78 UFC. There must be a 155
foot minimum separation from spectator viewing areas, vehicles and
buildings.
Transportation of fireworks/explosives to be in accordance with
California Vehicle Codes.
*Inspector's time after 5pm will result in a Technical
Services Fee of $100.
UPON VERIFICATION OF PYTOTECHNIST'S CERTIFICATION.
Date & Time: 10/15/99 7:30 P.M.
A FIRE SAFETY INSPECTION OF SITE IS REQUIRED, ALONG WITH THE.
STORAGE AND HANDLING OF THE FIREWORKS.
NOTE: THIS PERMIT IS NOT VALID UNTIL ALL FEES ARE PAID AND HAVE BEEN COLLECTED BY THE FIRE
DEPARTMENT OFFICIAL.
FIRE PERMIT APPROVED (XX) DENIED ( ) PLANS REQUIRED ( ) (XX) $65.00 FEES PAID
( IGNATIZOF F E FICIAL
TITLE
Donald Condon, Battalion Chief
DATE
(For Office Use Only)
Person in charge of activity
Address
LIIY UI- 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 Sweetwater Union High School
Jauhn Hinkle
2900 Highland AvenueNational City, Ca. 91950
Telphonu' (619) 474-4016 Date(s) of use October 15,1999
HOLD HARMLESS AGREEMENT
The undersigned hereby agree(s) to hold the City of National City and the Parking
Authority of the City of National City harmless and indemnify the City of National City
and the Parking Authority of the City of National City from and against all claims,
demands, costs, losses, damages, injuries, litigation and liability arising out of or
related to the use of public property by permittee or permitee's agents, employees or
contra tors.
Assistant Principle 10'(3—c17
o Applicant Official Title Date
=UMW. --_--=a =ic.
Certificate of Insurance approved
198712
=0-13-1999 12:41.0M
FROM San Diejo Fireworks
TO 3364562 P.92
DRAYTON' INSURANCE BROKERS, INC.
(
2500 CENTER POINT ROAD, SUITE 301
BIRMINGHAM, ALABA' "A 35215
'TFT nHONE: (2C5) S54-5896
POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35229
FAX: (205) 854.5599
CERTIFICATE OF INSURANCE NO. 981907
We certify that insurance as outlined below is afforded the Named Insured under policy .499EG24421 issued by Admiral insurance Company.
NAMED INSURED Pyro Spectaculars, Inc. North American Fireworks Co. (NAFCO)
P.O. Box 2329 .. San Diego Fireworks
Rialto, California 92377 ' Astro Pyrotechnics
Pyro Spectaculars Canada, Inc.
PERIOD January 13, 1999 to January 12, 2000; Both days inclusive.
COVERAGE Commercial General LIability. Covering against the legal liability of the Named Insured for Bodily Injury
and Property Damage caused by, or arising aem, the preparation for, the firing of; or the clearance following
fireworks display(s) stated below,
LIMITS OF A) Each Occurrence $1,000,000
LIABILITY B) Products & Completed Operations Aggregate $1,000,000
The addition of more than one insured does not serve to increase the limits of liability.
It is certified that, in accordance with, and subject to, the semis of the above policy, the following SPONSORS AND PROPERTY OWNERS
AND LICENSING AUTHORITIES are included as Additional Insured(s), but only in respect of The legal liability of such Additional Insared(s)
for Bodily Injury and Property Damage caused by the operations of the Named Insured in connection with the firing of The fireworks display(s)
stated'. below. The insurance afforded any Additional Insured does not include coverage for any injury or damage arising front the failure of such
Additional Insured to fulfill its obligations specified in its contract with the Named Insured,
NAME es ADDRESS OF INSURED SPONSORS
PROPERTY OWNERS, LICENSORS
ADDITIONAL INSUR£D((S):
Sweetwater H.lgh School
2900 Highland Avenue
Naiional City, CA 91950
City of National City, and Sweetwater High School, and Sweetwater Union
High School District, and their officers, agents and employees when acting in their
ottici�ia capacity as such
SP Y LOC T O, DISPLAY DATES)
DISPLAY School Football Field
:0-29601-iigilandAve. s..t; 3:-7:cif. -., s crk.:u 71- 37__2T_2 P.02
National City, CA 91950
-/-v 6 i0.•. •1 PY k. .j /y
_, This insurance applies automatically ifihe desenbed display is £nedon anyahemati)ve dmzlzeeuse of cancellation on_I c_da shown due.to�,
Weather -or other cause; however, IN NO EVENT-VT/ILL COVERAGE APPLY TO BODILY INJURY OR PROPERTY D6MAGE
SUSTAINED AFTER January 12, 2000. , 3,. .' £.
•
This! certificate is not an insurance policy and does not in any way amend, extend or alter the coverage afforded by the policy listed above. For
particulars concerning the terms, exclusions and conditions of such policy each Additional Insured is referred to the policy documents in the
possession of the Named Insured. Should the.above.deseribedpolicy.be:cancelled before the -expiration date thereof, the issuing company will
maiP30 days' prior written notice to the above named Additional -Insured. ' ' ' ` "
'.fa tr
October 12, 1999
IN io. wrYS;:_ r. aped
. $...75,11..
._...
DATE OF ISSUE
10/15 & 11/5/99
bRiiYTONINSURANCE
.. ii .i C`;{:'..i '. '?.. ICI\'._. - -.. - •!1 r
I STRINGER, PRESTO
-3)
1371 tor, ..,
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 10-26 -99 AGENDA ITEM NO.
5
ITEM TITLE WARRANT REGISTER #15
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION- RATIFICATION OF WARRANT REGISTER #15
PER GOVERNMENT SECTION CODE 37208.
Environmental Review N/A
Financial Statement
N/A
Account No.
TAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $890,626.24
14,
BOARD/COMMISSIOlCOMMENDATION
Ao
ATTACHMENTS (listed Below) Resolution No
1. Warrant Register #15
2. Workers' Comp Warrant Register dated 10/6/99
A-200 (Red. 9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
6
MEETING DATE 10/26/99 AGENDA ITEM NO.
ITEM TITLE WARRANT REGISTER #16
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION.
Ratification of Warrant Register #16
per government section code 37208.
Environmental Review N/A
Financial Statement N/A
Account No.
STAFF RECO ENDATION
I recommend ratification of these warrants for a total of $537,389.58
BOARD/COMMISSION RECOMMENDATIOP
/580/3 az-e), /5'o44 I UMV en,C i14)
.CHMENTS (Listed Below)
1. Warrant Register #16
2. Workers' Comp Warrant Register dated 10/13/99
Resolution No.
A-200 (Rev. 9/BO)
EXPLANATION
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
SECOND READING
AGENDA ITEM NO.
7
ITEM TITLE AN ORDINANCE AMENDING THE NCMC BY AMENDING TITLE 6 BY REPEALING CHAPTERS 6.46, 6.48
AND 6.56 REGARDING BUSINESS LICENSES AND REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28
REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE; AMENDING TITLE 9, CHAPTER 9.06
REGARDING FOOD VENDING VEHICLES; AMENDING TITLE 10, CHAPTER 10.22 REGARDING PTTRT IC PEACE, MORALS
AND SAFETY; AND TITLE 11, CHAPTER 11.32 REGARDING VII3ICT PS AND TRAFFIC
PREPARED BY DEPARTMENT
Rudolf Hradecky, Esq.
City Attorney pk
See attached staff report.
This proposed revision has been coordinated with the Police, Planning and Engineering Departments.
Environmental Review
Financial Statement
No financial impact.
X N/A
Account No.
STAFF RECOMMENDATION
Adopt Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Staff report and proposed ordinance.
A-200 (9/80)
Resolution No.
ADDENDUM TO STAFF REPORT
AN ORDINANCE AMENDING THE NCMC BY AMENDING IIILE 6 BY REPEALING
CHAPTERS 6.46, 6.48 AND 6.56 REGARDING BUSINESS LICENSES AND
REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28 REGARDING PROPERTY
CONSERVATION AND COMMUNITY APPEARANCE; AMENDING TITLE 9, CHAPTER 9.06
REGARDING FOOD VENDING VEHICJ FS; AMENDING TITLE 10, CHAPTER 10.22
REGARDING PUBLIC PEACE, MORALS AND SAFETY; AND 1'11'LE 11, CHAPTER 11.32
REGARDING VEHICLES AND TRAFFIC
This addendum to the previous Staff Report addresses the City Council's comments of the
meeting of August 24, 1999, when this ordinance was first introduced. Action was continued to
a later date. Staff has addressed certain of the City Council's concerns by revising the proposed
ordinance. -
Please refer back to the original Staff Report. This addendum will address only those sections
discussed during the August 24th meeting and the proposed revisions accordingly. Attached as
an Appendix to this report is a strikeout version that highlights the revisions to specific sections
based on the City Council's direction, and adds some additional clarification.
Section 7.28.050 Handbills —restrictions.
Staff has added an additional subsection to this section to prohibit entry upon posted or
restricted entry property and requires the handbill distributor to leave promptly upon request.
This will not interfere with any constitutionally protected speech rights, including political
canvassing, etc.
Section 10.22.050 Vending from pushcarts —regulated.
City Council was concerned about a means of identifying the source of products sold and
possible labeling of food products. Labeling on food wrappers is not likely to aid in identifying a
later source of illness if the wrapper is discarded. Labeling would also be problematical and
expensive for some vendors. Staff proposes to instead require proper identification on the
pushcart itself as a prerequisite to the issuance of a licensing decal. It is believed that this will
adequately satisfy public health concerns.
Section 10.22.060 Door to door solicitors and sales —regulated.
City Council was concerned about restrictions on the distribution of handbills as it might affect
political or expressive activity. Staff proposes to delete the reference to the distribution of
handbills in this section; this would include political and other first amendment protected
activity. The word "commercial" is added to underscore the concept of business by itinerant
peddlers and solicitors, and leaves this section clearly focused on itinerant sales activities.
Section 10.22.0070 Violations —penalty.
Staff has added a provision to clarify that a first offense be an infraction, and any subsequent
violations would be misdemeanors.
7.28.050 Handbill —restrictions. A. Except as provided in Section 7.28.050B, it is
unlawful to post, paste, staple, nail, stamp or otherwise affix a handbill to or to paint any mesage
upon any sidewalk, street, street tree, utility pole or box, hydrant, trash receptacle, bus or public
bench, any other public property or building, or upon the side of any building which abuts a public
right-of-way.
B. The prohibitions of Section 7.28.050A do not apply to public safety or traffic safety
signs, or to identification data or identification tags placed by an owner or a public agency upon
property it owns or controls, or to signs lawfully posted on private property in conformity with Title
18 of this code.
C. The restrictions of Section 7.28.050A are equally applicable to the placement or
distribution of handbills on private property by persons other than the owner of the property.
Handbills deposited on private property shall be weighted down or so placed so as to prevent being
blown about by wind.
D.___.._ianslbjlldistributors shale enter anon Ko r y_that is�� g st solicitors or
mddIers_an_d_shal1leayQother uroperty promptly anon_the questaf i er_ant_orsasup rlt
Qfthat.pprogerty..
DE. Nothing contained in this section shall be deemed to supersede or modify the
requirements of Chapter 18.62 regulating outdoor sign displays.
7.28.60 Removal and costs required. Handbills posted in violation of Section
7.28.050A are subject to summary removal by the owner of the affected object, property or structure
upon which the handbill is affixed, or by the City Manager or designee. The costs of removal may
be assessed in accordance with law against the party responsible for the violation. It shall be
rebuttably presumed that any person, principal or organization whose message is displayed on the
handbill or which benefits from the message displayed upon the handbill is the party responsible for
the costs of removal.
Section 4. That Title 9, Chapter 9.06 is amended by amending Section 9.06.030 to read as
follows:
9.06.030 Food vending vehicles —parking and stopping regulations. A. It is unlawful
to stop or park a food vending vehicle on a public thoroughfare for the purpose of preparing, selling,
giving away, displaying or offering for sale any food or beverage product except for a period of
time sufficient to consummate an immediate sale or sales, not to exceed ten minutes at that location
or at any immediately succeeding location which is within 300 feet of the former location where the
vendor completed the immediate last transaction.
B. It is unlawful to stop, park or cause any food vending vehicle to remain on any
public property except pursuant to the order of a lawful authority or for the purpose of making
emergency repairs to the vehicle; in no event shall any person sell or give away any food or
beverage product from a food vending vehicle while on any public property.
C. It is unlawful to stop, park or cause a food vending vehicle to remain on any private
property for the purpose of selling, giving away, displaying or offering for sale any food or beverage
product to any person other than the owner of such property or his agents, customers or employees.
1999 Ordinance
2
Titles 6, 7, 10 and 11
Attar hm' nt A
10.22.025 Sale_sx distribution of newspapers upon public sidewalks, rights -of -ways
and public property —regulated. A. It is unlawful for an itinerant vendor to sell, or distribute
newspapers from any portion of a street or from the median separating opposing lanes of
vehicular traffic.
B. The sale or distribution of newspapers to pedestrians by itinerant vendors upon
public sidewalks, public property (other than streets or medians separating opposing lines of
vehicular traffic) or public parks is not regulated or prohibited by this chapter 10.22.
C. Stationary newsracks that display only newspapers for sale may be located upon
public sidewalks without a permit provided the following rules regarding placement are
observed:
1. The newsrack contains the name, date of installation, address, and phone
number of the person or entity responsible for its distribution, maintenance and refund of
coinage;
2. The sponsoring entity provides a certificate of insurance to the City
Engineer certifying that the sponsor has a minimum one million dollars ($1,000,000) of
comprehensive general liability insurance in effect covering the installation.
3. Dimensions, Positioning and Condition:
a. The newsrack does not exceed a maximum dimension of 60 inches
in height, 30 inches in width and 24 inches in depth;
b. Newsracks may be placed next to each other, provided that no
group containing more than five (5) newsracks shall be placed along a curb.
c. The edges of the newsrack shall be designed to avoid injury or
danger to sight disabled or wheelchair users.
d. The newsrack may be affixed to the sidewalk by means of
removable mounting bolts or fasteners;
e. No newsrack will be chained, bolted, or otherwise attached to any
fixture in the public right-of-way;
f. The newsrack is kept painted, free of graffiti, handbills, rust and
corrosion and in an operable condition at all times.
4. Content:
a. Any newsrack containing printed material which openly displays
"specific anatomical areas", as defined in Section 18.69.020, shall be covered with an opaque
material (or blinder rack) to obscure public display of the specified anatomical areas;
b. Except when located in an area that excludes minors, any newsrack
containing "harmful matter" defined by Penal Code Section 313 shall be attended by an adult, in
order to prevent a sale or display to a minor in violation of Penal Code Section 313.1.
5. Location:
a. The newsrack is not located in front of any display window or the
door of a building abutting a sidewalk;
b. No portion of the newsrack projects into a distance of eighteen
inches measured from the edge of the curb line, nor less than six inches (6") from any building;
c. The clear unobstructed path of travel on the adjacent sidewalk is
not less than four (4) feet measured horizontally, perpendicular to the curb line or street line,
from the closest projecting edge of the newsrack to an opposing building, structure or utility
cabinet or poles;
1999 Ordinance
5 Titles 6, 7, 10 and 11
"All merchandise on display is available for a donation in an amount of the donor's
choice."
To be prominently displayed, the sign must be at an eye level of between a minimum of three
(3) feet to a maximum of six (6) feet and be clearly visible in its entirety from the sidewalk or right-
of-way from a distance of at least ten feet (10') to any prospective donor or passerby.
2. All other signs at the site of 'display are restricted to a maximum size of
twelve inches by eighteen inches (12" x 18") each.
C. It is unlawful and a misdemeanor for a solicitor or attendant to refuse to deliver
merchandise to a donor who has made a voluntary contribution for merchandise which is displayed
under Section 10.22.040B by an organization which has posted the sign required by Section
10.22.040B(1).
10.22.045 Vending from vehicles on public streets or private property —regulated.
A. It is unlawful to sell from or display merchandise for sale or lease upon vehicles
upon public streets except when fully stopped upon the request of a customer, and then only for the
period of time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that
location or at any immediately succeeding location which is within 300 feet of the former location
where the vendor completed the immediate last transaction.
B. Except as provided in Section 10.22.045C, it is unlawful to stop or park any vehicle
upon private property upon or from which merchandise is sold, displayed or offered for sale or lease
where the sale or display of the merchandise itself would violate the zoning restrictions of Title 18
of this code applicable to the property without regard to the use of the vehicle as a means of display.
C. With the permission of the owner or lessee of developed private property, sales of
merchandise from vehicles by a vendor properly licensed pursuant to Chapter 6.04 may be made
to that owner's or lessee's tenants and employees.
D. The provisions of Chapter 9.06 pertaining to health and sanitation are applicable
to the vending and display of food products, including ice cream, from vehicles.
10.22.050 Vending from pushcarts —regulated. A. It is unlawful to sell merchandise
from a pushcart except pursuant to a permit issued by the City Council. An identifying decal issued
by the Finance Director shall be affixed to each licensed pushcart. Each pushcart shall have the
name address and telephone number of the operator visibly printed on at least one side of the
puschcart using lettering of a minimum of one -inch (1" in height. No decal shall be issued until the
Finance Director or his/her designee confirms satisfaction of this requirement through ins i n.
B. Sales of merchandise from pushcarts shall be conducted according to the
following regulations: I ..
1. Food and beverage products offered for sale from a pushcart must be stored
and maintained, and, when applicable, refrigerated, in accordance with the health and sanitation
regulations contained in Chapter 9.06 of this Code and the regulatory codes of the County of San
Diego.
2. The original, if as a sole proprietor, or a photo copy if as an employee, of the
pushcart permit and a current business tax license issued pursuant to Chapter 6.04 of this code shall
be can-ied on the person while conducting the business of sales of merchandise.
1999 Ordinance 8
Titles 6, 7, 10 and 11
3. An employee shall carry a letter of identification from the employer
authorizing the employee to represent the employer and possesses the photocopy described in
Section 10.22.O50(BX2).
4. A photo identification card, such as a driver's license or other means of
identification, shall be carried on the person for verification of subsections B 1 and B2.
5. Merchandise shall not be sold from or displayed on a pushcart on streets,
sidewalks, or other public property. Sales shall only be made upon the request of a customer and
only for the time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that
location or at any immediately succeeding location which is within 300 feet of the former location
where the vendor completed the immediate last transaction.
C. Sales on private property shall be made only at the express request of the owner or
lessee of that property.
D. Violations of this section shall be an infraction for the first offense, and a
misdemeanor thereafter.
10.22.060 Door to door solicitors and advertisingsai s re Mated. It is unlawful for an
itinerant--vendor-oF-any person conducting business by commercial door to doorcitation or sales
of merchandise to fail to observe the following requirements:
A. The original, if as a sole proprietor, or a photo copy if as an employee, of a current
business tax license issued pursuant to Chapter 6.04 of this code shall be carried on the person.
B. Each employee shall carry a letter of identification from the employer authorizing
the employee to represent the employer and possesses the photocopy described in Section
10.22.O60(A).
C. A photo identification card, such as a drivers license or other means of identification,
shall be carried on the person for verification of subsections A and B.
D. Entry upon private property that is clearly posted against trespassing solicitation or
peddling is prohibited.
E. Sales or display of merchandise upon public sidewalks is prohibited.
F. Sales of merchandise which requires refrigeration, including eggs, is prohibited.
rnvitntlon ofthe-property-owner-or-tenant•4n-lawful-possession
H. Handbills must be placed so as to prevent being blown away by the elements as
litter.
Vendors shall not remain on private property any longer than one minute, or the time
actually necessary to consummate a sale of merchandise, whichever is greater.
3I. Vendors , must immediately leave private property upon request of the property
owner or agent.
10.22.070 Violation penalty. Any person violating any provision of this chapter is
guilty of _infi ction_for n_first o fens with a fine_not :to ..exceesi 150t or a misdemeanor,
punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six
months, or by both such fine and imprisonmentjor_a.secondor.subseauent_ofense_
1999 Ordinance
9 Titles 6, 7, 10 and 11
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
111'LE 6 BY REPEALING CHAPTERS 6.46, 6.48 AND 6.56 REGARDING BUSINESS
LICENSES AND REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28
REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE;
AMENDING TITLE 9, CHAPTER 9.06 REGARDING FOOD VENDING VEHICLES;
AMENDING TITLE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE,
MORALS AND SAFETY; AND ITILE 11, CHAPTER 11.32
REGARDING VEHICLES AND TRAFFIC
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 6 is amended by repealing Chapters 6.46 (Handbills), 6.48
(Peddlers and Solicitors), and 6.56 (Peddlers).
Section 2. That Title 7, Chapter 7.20 is amended by repealing Sections 7.20.070
(itinerant vendors, peddlers and solicitors) and 7.20.075 (outdoor display of goods prohibited).
Section 3. That Title 7, Chapter 7.28 is amended by repealing Sections 7.28.020,
7.8.030 and 7.28.040, and amending Sections 7.28.010, 7.28.050 and 7.28.060 to read as follows:
7.28.010 Definitions. The term "handbill" used in this Chapter 7.28 means any
material of paper, cloth or similar lightweight fabric upon which printed material or graphics, or
both, is placed. The term "handbill" includes objects commonly known as posters, billposters,
"dodgers," circulars, leaflets and the like, which are typically used to provide information or
advertise an event or sale. It does not include any medium regulated by Chapter 18.62.
7.28.020 [Reserved]
7.28.030 [Reserved]
7.28.040 [Reserved]
7.28.050 Handbill --restrictions. A. Except as provided in Section 7.28.050B, it is
unlawful to post, paste, staple, nail, stamp or otherwise affix a handbill to or to paint any message
upon any sidewalk, street, street tree, utility pole or box, hydrant, trash receptacle, bus or public
bench, any other public property or building, or upon the side of any building which abuts a public
right-of-way.
B. The prohibitions of Section 7.28.050A do not apply to public safety or traffic safety
signs, or to identification data or identification tags placed by an owner or a public agency upon
property it owns or controls, or to signs lawfully posted on private property in conformity with Title
18 of this code.
C. The restrictions of Section 7.28.050A are equally applicable to the placement or
distribution of handbills on private property by persons other than the owner of the property.
Handbills deposited on private property shall be weighted down or so placed so as to prevent being
blown about by wind.
D. Handbill distributors shall not enter upon property that is posted against solicitors or
peddlers, and shall leave other property promptly upon the request of the owner, agent or occupant
of that property.
E. Nothing contained in this section shall be deemed to supersede or modify the
requirements of Chapter 18.62 regulating outdoor sign displays.
7.28.60 Removal and costs required. Handbills posted in violation of Section
7.28.O5OA are subject to summary removal by the owner of the affected object, property or structure
upon which the handbill is affixed, or by the City Manager or designee. The costs of removal may
be assessed in accordance with law against the party responsible for the violation. It shall be
rebuttably presumed that any person, principal or organization whose message is displayed on the
handbill or which benefits from the message displayed upon the handbill is the party responsible for
the costs of removal.
Section 4. That Title 9, Chapter 9.06 is amended by amending Section 9.06.030 to read as
follows:
9.06.030 Food vending vehicles —parking and stopping regulations. A. It is unlawful
to stop or park a food vending vehicle on a public thoroughfare for the purpose of preparing, selling,
giving away, displaying or offering for sale any food or beverage product except for a period of
time sufficient to consummate an immediate sale or sales, not to exceed ten minutes at that location
or at any immediately succeeding location which is within 300 feet of the former location where the
vendor completed the immediate last transaction.
B. It is unlawful to stop, park or cause any food vending vehicle to remain on any
public property except pursuant to the order of a lawful authority or for the purpose of making
emergency repairs to the vehicle; in no event shall any person sell or give away any food or
beverage product from a food vending vehicle while on any public property.
C. It is unlawful to stop, park or cause a food vending vehicle to remain on any private
property for the purpose of selling, giving away, displaying or offering for sale any food or beverage
product to any person other than the owner of such property or his agents, customers or employees.
Section 5. That Chapter 10.22 is amended by amending the heading, the table of
contents and Sections 10.22.010, 10.22.020, 10.22.030 and 10.22.040, and adding Sections
10.22.005, 10.22.025, 10.22.045, 10.22.050, 10.22.060, 10.22.070 and 10.22.080, all to read as
follows:
1999 Ordinance
2 Titles 6, 7, 10 and 11
Chapter 10.22
SALES ACTIVITY AND SOLICITATION FROM OR
AFFECTING VEHICLES, TRAFFIC, PUBLIC PROPERTY
AND AREAS, AND COMMERCIAL PARKING AREAS
Sections:
10.22.005 Purpose and intent
10.22.010 Definitions
10.22.020 Prohibition of solicitation, distribution or sales affecting vehicles in
public right-of-way
10.22.025 Sale of newspapers upon public sidewalks, rights -of -ways and public
property --regulated
10.22.030 Prohibition of solicitation in unauthorized locations within commercial
parking areas
10.22.040 Sale of merchandise upon public sidewalks, right-of-ways and public
property --prohibited
10.22.045 Vending from vehicles on public streets or private property --regulated
10.22.050 Vending from pushcarts --regulated
10.22.060 Door to door solicitors and advertising --regulated
10.22.070 Violation --penalty
10.22.080 Enforcement
10.22.005 Purpose and intent. The City Council finds and determines that in order
to protect the public health, welfare and safety, promote the orderly and safe flow of traffic,
enhance pedestrian safety, and maintain community aesthetics, it is appropriate to regulate
certain types of public vending and solicitation activities. The objective is to improve public
safety and eliminate hazards to pedestrians and vehicles. The City Council therefore enacts the
regulations of this Chapter 10.22 in an organized, comprehensive, content -neutral "time, place,
manner," fashion, in order to promote and obtain those goals and objectives.
10.22.010 Definitions. For the purposes of this chapter 10.22, the following
meanings shall apply:
A. "Solicit" or "solicitation" means an act by which the availability of goods, labor,
services, money, merchandise or similar mediums of commerce, barter or exchange is made
known to, or is requested of or from, other persons. It can include words, physical gestures, or
passive or animated displays upon or through which a message is displayed. As defined herein, a
solicitation shall be deemed complete when made whether or not an actual employment
relationship is created, a transaction is completed or an exchange takes place.
B. "Employment" means and includes services, industry or labor performed by a
person for wages or other compensation under any contract of hire, written, oral, express or
implied.
C. "Merchandise" means any tangible object of nominal or value greater than one
cent ($.01), including but not limited to food, goods, flowers, beverages or iced flavors, but
excluding "newspapers" defined in Subsection D.
1999 Ordinance
3
Titles 6, 7, 10 and 11
D. "Newspapers" means and includes any journal, newspaper of general or limited
circulation, periodical, magazine or other multi -page printed material that is not a "handbill" or
part of the graphics on a container.
E. "Pushcart" means any non -self-propelled wagon or platform on wheels, including
a bicycle or tricycle, which is not required to be registered under the California Vehicle Code.
F. "Solicitor" or "attendant" means an employee or agent of a principal, or the
principal, who solicits or sells as defined in this section.
G. "Handbill" means any material of paper or similar lightweight material typically
of a single page used to advertise an event or sale, which is capable of being blown about by the
elements if not securely fastened.
H. "Commercial parking area" means privately owned property designed or used
primarily for the parking of vehicles, which adjoins one or more shopping centers, malls, or
commercial establishments. It excludes the parking area of a "modest retail establishment."
I. "Shopping center," as defined in Section 18.04.596 and as used in this Chapter
10.22, means a group of commercial establishments planned and developed, owned or managed
as a unit, and related in location, size, and type of shops to the trade area which the unit serves
with off-street parking and loading provided on the property. Typically, shopping centers may
include but are not limited to a combination or complex of grocery, drug, mercantile, restaurant
and similar shops and retail establishments which cater to the public at large. They can be
characterized as a shopping area which members of the public at large may frequent, without an
apparent specific purpose or intent to purchase specific goods or services from a predetermined
supplier or purveyor. "Shopping center" excludes a "modest retail establishment".
J. "Modest retail establishment" means a commercial parcel of less than 20,000
square feet in area which consists of and is used primarily for medical, dental, office, banking or
similar professional suites and services or for specific retail services, and the parking areas of
which are intended for and restricted to the tenants, employees and specific clientele of those
businesses --and not the public at large.
10.22.020 Prohibition of solicitation, distribution or sales affecting vehicles in public
right-of-way. A. It is unlawful for any person, while standing in any portion of the public right-
of-way, including but not limited to public streets, sidewalks and driveways, to solicit or attempt
to solicit from, or to sell, distribute or attempt to sell or distribute merchandise, newspapers or
handbills to any person traveling in a vehicle along a public right -of way.
B. It is unlawful for any person, while traveling as the occupant or driver of any
vehicle, to solicit or attempt to solicit from, or to sell, buy, distribute or attempt to sell to or buy
or distribute merchandise, handbills or newspapers from any person who is within the public
right-of-way, including but not limited to a public street, sidewalk, or driveway.
10.22.025 Sale or distribution of newspapers upon public sidewalks, rights -of -ways
and public property --regulated. A. It is unlawful for an itinerant vendor to sell or distribute
newspapers from any portion of a street or from the median separating opposing lanes of
vehicular traffic.
B. The sale or distribution of newspapers to pedestrians by itinerant vendors upon
public sidewalks, public property (other than streets or medians separating opposing lines of
vehicular traffic) or public parks is not regulated or prohibited by this chapter 10.22.
1999 Ordinance
4 Titles 6, 7, 10 and 11
C. Stationary newsracks that display only newspapers for sale may be located upon
public sidewalks without a permit provided the following rules regarding placement are
observed:
1. The newsrack contains the name, date of installation, address, and phone
number of the person or entity responsible for its distribution, maintenance and refund of
coinage;
2. The sponsoring entity provides a certificate of insurance to the City
Engineer certifying that the sponsor has a minimum one million dollars ($1,000,000) of
comprehensive general liability insurance in effect covering the installation.
3. Dimensions Positioning and Condition:
a. The newsrack does not exceed a maximum dimension of 60 inches
in height, 30 inches in width and 24 inches in depth;
b. Newsracks may be placed next to each other, provided that no
group containing more than five (5) newsracks shall be placed along a curb.
c. The edges of the newsrack shall be designed to avoid injury or
danger to sight disabled or wheelchair users.
d. The newsrack may be affixed to the sidewalk by means of
removable mounting bolts or fasteners;
e. No newsrack will be chained, bolted, or otherwise attached to any
fixture in the public right-of-way;
f. The newsrack is kept painted, free of graffiti, handbills, rust and
corrosion and in an operable condition at all times.
4. Content:
a. Any newsrack containing printed material which openly displays
"specific anatomical areas", as defined in Section 18.69.020, shall be covered with an opaque
material (or blinder rack) to obscure public display of the specified anatomical areas;
b. Except when located in an area that excludes minors, any newsrack
containing "harmful matter" defined by Penal Code Section 313 shall be attended by an adult, in
order to prevent a sale or display to a minor in violation of Penal Code Section 313.1.
5. Location:
a. The newsrack is not located in front of any display window or the
door of a building abutting a sidewalk;
b. No portion of the newsrack projects into a distance of eighteen
inches measured from the edge of the curb line, nor less than six inches (6") from any building;
c. The clear unobstructed path of travel on the adjacent sidewalk is
not less than four (4) feet measured horizontally, perpendicular to the curb line or street line,
from the closest projeeting edge of the newsrack to an opposing building, structure or utility
cabinet or poles;
d. The newsrack is not within one hundred (100) feet of any other
newsrack on the same side of the street in the same block containing the same publication;
e. The newsrack is not located on one side of a sidewalk directly
opposite another newsrack;
f. The newsrack is not within five (5) feet of a disabled person's
parking space (curb painted blue) in accordance with the California Vehicle Code Section 21458;
g. The newsrack is not within five (5) feet of any marked crosswalk,
or within ten (10) feet of any curb return;
1999 Ordinance
5 Titles 6, 7, 10 and 11
opening;
h. The newsrack is not within five (5) feet of any driveway top curb
i. The newsrack is not within five (5) feet ahead of or fifteen (15)
feet to the rear of a bus -stop sign, or within five (5) feet of the edge of a bus bench;
j. The newsrack is not within five (5) feet of a fire hydrant, or within
the intersections of sidewalks.
k. A newsrack may be mounted on a removable concrete slab on any
portion of unimproved public right-of-way behind a sidewalk's furthest edge from the curb in
order to observe the restriction of this Section 10.22.025(C)(5). The slab shall be of minimum
dimensions of 24 x 30 inches horizontally and 4 inches in thickness. The slab must be removed
when the newsrack is removed.
D. Newsracks that do not comply with Section 10.22.025C shall not be installed on
public sidewalks or the adjoining parkway except upon the issuance of an encroachment permit
by the City Engineer, who will be the enforcement and administration authority for this section.
The permit application form will be as developed by the City Engineer. The permit fee will be
as established in the National City Fee Schedule. No newsrack may be installed on other public
property without an encroachment permit. An encroachment permit will not be issued if the
proposed placement presents a fair risk of injury to persons or an adverse impact upon public
convenience and safety, or if the placement hinders the reasonable use of the public right-of-way.
E. It is unlawful to remove a newsrack for more than 72 hours unless the sidewalk or
curb is restored to original condition, and all mounting holes filled in or mounted bolts are
ground flush to the sidewalk surface.
F. Newsracks that are installed without a permit and which do not comply with
Section 10.22.025C are subject to summary removal and impound storage at the expense of the
exhibitor.
G. The City Manager or designate may relocate a newsrack temporarily when public
work is necessary at the location. The costs of relocation and reinstallation shall be borne by the
owner or permitee, which shall be a condition to the issuance of any encroachment permit or
placement without a permit under this section.
H. Operators of existing newsracks shall be allowed a grace period of ninety (90)
days following adoption of this section in which to comply with the requirements of this Section
10.22.025.
I. Allowing a newsrack to remain empty for a period of 30 consecutive days
establishes a rebuttable presumption of abandonment and provides a basis for removal or
revocation of the encroachment permit. The City Engineer shall communicate to the newsrack
operator in writing giving advance notice of action proposed under this section.
J. A permittee or applicant may appeal to the City Manager any action taken by the
City Engineer in enforcement of this section by filing with the City Manager a statement within
two (2) working days of such action setting forth grounds for the appeal. The City Manager may
affirm, overrule, or modify the action of the City Engineer. Notice of such action will be given
to the applicant in person or in writing. Similarly, any action taken by the City Manager may be
appealed to the City Council by filing a statement with the City Clerk within five (5) calendar
days after receipt of the written notice.
1999 Ordinance
6 Titles 6, 7, 10 and 11
10.22.030 Prohibition of solicitation in unauthorized locations within commercial
parking areas. A. It is unlawful to solicit or attempt to solicit within a commercial parking area,
except within an area authorized by the property owner for solicitation. This section shall not be
construed to apply to solicitation to perform employment or business for the owner or lawful
tenants of the subject premises.
B. This section shall only apply to commercial parking areas where the following
exists:
1. The 'owner of the commercial parking area has established a written policy
which provides area(s) for lawful solicitation in locations which are accessible to the public and
do not interfere with normal business operations of the commercial premises;
2. A copy of the policy has been submitted to the city manager to be maintained
in city files; and
3. The owner of the commercial parking area has posted a notice in a
conspicuous place at each entrance to the commercial parking area of not less than eighteen by
twenty-four inches in size with lettering not less than one inch in height and not to exceed in total
area, six square feet. The notice shall be in substantially the following form:
It is a misdemeanor to engage in the solicitation of employment,
business or contributions of money or other property in areas of
this commercial parking lot that are not approved for such activity
by the property owner.
C. Where the commercial parking area is part of a modest retail establishment, the
proscriptions of Section 1O.22.03OA shall apply without the need for compliance with the
requirements of Section 1O.22.O30B
10.22.040 Sale of merchandise upon public sidewalks, rights -of -ways and public
property —prohibited. A. Except upon the issuance of a permit issued pursuant to Chapter 15.60
or as provided in Section 1O.22.04O(B), it is unlawful to sell or display any merchandise upon or
within a public sidewalk or right-of-way, any public park or any other public property.
B. The display of merchandise, whether with or without graphics or lettering, or both,
by an organization or an attendant or solicitor on behalf of an organization as part of its first amend-
ment protected expressive activity will not violate Section 1O.22.O40(A) as merchandise displayed
for. sale, provided all the following apply:
1. At least one sign with a minimum dimension of twelve by eighteen inches
(12" x 18") is prominently displayed at the center of the display site bearing language in English in
letters of at least 1/2 inch in height that announces the following:
"All merchandise on display is available for a donation in an amount of the donor's
choice."
To be prominently displayed, the sign must be at an eye level of between a minimum of three
(3) feet to a maximum of six (6) feet and be clearly visible in its entirety from the sidewalk or right-
of-way from a distance of at least ten feet (10') to any prospective donor or passerby.
2. All other signs at the site of display are restricted to a maximum size of
twelve inches by eighteen inches (12" x 18") each.
1999 Ordinance
7
Titles 6, 7, 10 and 11
C. It is unlawful and a misdemeanor for a solicitor or attendant to refuse to deliver
merchandise to a donor who has made a voluntary contribution for merchandise which is displayed
under Section 10.22.040B by an organization which has posted the sign required by Section
10.22.040B(1).
10.22.045 Vending from vehicles on public streets or private property —regulated.
A. It is unlawful to sell from or display merchandise for sale or lease upon vehicles
upon public streets except when fully stopped upon the request of a customer, and then only for the
period of time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that
location or at any immediately succeeding location which is within 300 feet of the former location
where the vendor completed the immediate last transaction.
B. Except as provided in Section 10.22.045C, it is unlawful to stop or park any vehicle
upon private property upon or from which merchandise is sold, displayed or offered for sale or lease
where the sale or display of the merchandise itself would violate the zoning restrictions of Title 18
of this code applicable to the property without regard to the use of the vehicle as a means of display.
C. With the permission of the owner or lessee of developed private property, sales of
merchandise from vehicles by a vendor properly licensed pursuant to Chapter 6.04 may be made
to that owner's or lessee's tenants and employees.
D. The provisions of Chapter 9.06 pertaining to health and sanitation are applicable
to the vending and display of food products, including ice cream, from vehicles.
10.22.050 Vending from pushcarts —regulated. A. It is unlawful to sell merchandise
from a pushcart except pursuant to a permit issued by the City Council. An identifying decal issued
by the Finance Director shall be affixed to each licensed pushcart. Each pushcart shall have the
name, address and telephone number of the operator visibly printed on at least one side of the
puschcart using lettering of a minimum of one -inch (1") in height. No decal shall be issued until the
Finance Director or his/her designee confirms satisfaction of this requirement through inspection.
B. Sales of merchandise from pushcarts shall be conducted according to the
following regulations:
1. Food and beverage products offered for sale from a pushcart must be stored
and maintained, and, when applicable, refrigerated, in accordance with the health and sanitation
regulations contained in Chapter 9.06 of this Code and the regulatory codes of the County of San
Diego.
2. The original, if as a sole proprietor, or a photo copy if as an employee, of the
pushcart permit and a current business tax license issued pursuant to Chapter 6.04 of this code shall
be carried on the person while conducting the business of sales of merchandise.
3. An employee shall carry a letter of identification from the employer
authorizing the employee to represent the employer and possesses the photocopy described in
Section 10.22.050(B)(2).
4. A photo identification card, such as a driver's license or other means of
identification, shall be carried on the person for verification of subsections B 1 and B2.
5. Merchandise shall not be sold from or displayed on a pushcart on streets,
sidewalks, or other public property. Sales shall only be made upon the request of a customer and
only for the time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that
location or at any immediately succeeding location which is within 300 feet of the former location
where the vendor completed the immediate last transaction.
1999 Ordinance 8 Titles 6, 7, 10 and 11
C. Sales on private property shall be made only at the express request of the owner or
lessee of that property.
D. 'Violations of this section shall be an infraction for the first offense, and a
misdemeanor thereafter.
10.22.060 Door to door solicitors and sales —regulated. It is unlawful for any person
conducting business by commercial door to door solicitation or sales of merchandise to fail to
observe the following requirements:
A. The original, if as a sole proprietor, or a photo copy if as an employee, of a current
business tax license issued pursuant to Chapter 6.04 of this code shall be carried on the person.
B. Each employee shall carry a letter of identification from the employer authorizing
the employee to represent the employer and possesses the photocopy described in Section
10.22.060(A).
C. A photo identification card, such as a drivers license or other means of identification,
shall be carried on the person for verification of subsections A and B.
D. Entry upon private property that is clearly posted against trespassing, solicitation or
peddling is prohibited.
E. Sales or display of merchandise upon public sidewalks is prohibited.
F. Sales of merchandise which requires refrigeration, including eggs, is prohibited.
G. Handbills must be placed so as to prevent being blown away by the elements as
H. Vendors shall not remain on private property any longer than one minute, or the time
actually necessary to consummate a sale of merchandise, whichever is greater.
I. Vendors must immediately leave private property upon request of the property
owner or agent.
litter.
10.22.070 Violation --penalty. Any person violating any provision of this chapter is
guilty of an infraction for a first offense with a fine not to exceed $150, or a misdemeanor,
punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six
months, or by both such fine and imprisonment, for a second or subsequent offense.
10.22.080 Enforcement. A. Non-perishable merchandise vended or displayed in
violation of this Chapter 10.22 is subject to impoundment as evidence, and a receipt shall be
provided to the vendor following citation and impoundment.
B. The provisions of this Chapter 10.22 may be enforced by any police officer, any
Code Conformance Officer, or any other official authorized to enforce any other provision of the
municipal code.
Section 6. That Chapter 11.32 is amended by amending Section 11.32.150 to read
as follows:
11.32.150 Unlawful parking --vending by vehicle. A. It is unlawful to park or stop a
vehicle upon which merchandise is displayed or offered for sale or lease, upon any street, except
upon the request of a purchaser and then only for the actual time necessary to consummate a sale,
not to exceed a total of ten (10) minutes at that location or at any immediately succeeding
location that is within 300 feet of the former location where the vendor completed the immediate
last transaction.
1999 Ordinance 9 Titles 6, 7, 10 and 11
B. The pick-up or delivery of merchandise is not regulated or made unlawful by this
Section 11.32.150.
C. The parking of a vehicle upon which merchandise is transported but is not being
displayed or offered for sale is not made unlawful by this Section 11.32.150, provided the vehicle is
otherwise lawfully parked.
D. As used in this section, "merchandise" is as defined in Section 10.22.010C.
Section 7. Constitutional severability. The City Council declares that the judicially
declared invalidity of any section or portion of this ordinance or the chapters or sections of chapters
thereby adopted shall not affect the validity of any other remaining section or portion; that the
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 severed
or judicially interpreted in a way that could harmonize it with the remaining provisions, then it may
be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose,
meaning and effect to the remaining provisions- of this ordinance.
PASSED and ADOPTED this day of , 1999.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/0 /0
George H. Eiser, III
City Attorney
George H. Waters, Mayor
1999 Ordinance
10
Titles 6, 7, 10 and 11
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
SECOND READING
AGENDA ITEM NO. 8
ITEM TITLE AN ORDINANCE AMENDING THE NCMC BY AMENDING 1'11'LE 7, CHAPTERS 7.10,
7.20 AND 7.32 REGULATING GARBAGE AND RUBBISH CONTAINERS, OUTDOOR ACTIVITIES
AND ENFORCEMENT
PREPARED BY Roger G. Post
EXPLANATION
t
DEPARTMENT Planning
A series of code amendments have been developed to address several subject
areas. The attached report summarizes the amendments. Public Works, Engineering,
City Attorney's Office and Planning have all participated in this effort.
Environmental Review
Financial Statement
No financial impact.
STAFF RECOMMENDATION
Adopt Ordinance.
X N/A
BOARD / COMMISSION RECOMMENDATION
N/A
Account No.
ATTACHMENTS ( Listed Below )
Staff report and proposed ordinance.
Resolution No.
A-200 (9/80)
ADDENDUM TO STAFF REPORT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING ITILE 7, CHAPTER 7.10, CHAPTER 7.20 AND CHAPTER 7.32 OF THE
NATIONAL CITY MUNICIPAL CODE, REGULATING GARBAGE AND RUBBISH
CONTAINERS, OUTDOOR ACTIVITIES AND ENFORCEMENT
This addendum to the previous Staff Report addresses the City Council's comments of the
August 24, 1999 meeting, when this ordinance was first introduced. Action was continued to a
later date. Staff has addressed certain of the City Council's concerns by revising the proposed
ordinance.
Please refer back to the original Staff Report. This addendum will address only those sections
discussed during the August 24th meeting and the proposed revisions accordingly. Attached as
an Appendix to this report is a strikeout version that highlights the revisions to specific sections
based on the City Council's direction.
Section 7.20.050 Discharge of water into ground or into storm drains —prohibited.
The City Council expressed a desire to allow for the reuse of graywater for water conservation,
and requested Staff to explore the possibilities. Because of the public health ramifications of
allowing untreated water discharge, the County Health Department has advised that reuse of
graywater is permissible only through a specially designed graywater discharge system.
Subsection C has therefore been added to allow the discharge of graywater to the ground via a
system that meets the requirements of Appendix G of the Uniform Plumbing Code, as adopted.
Permits would be required from the County of San Diego for the water discharge, and from the
City for installation of any plumbing systems. Otherwise, ground discharge from structures and
appliances would continue to be prohibited as public nuisances.
Section 7.20.080 Residing or camping in recreational vehicles —prohibited.
The City Council requested a review of these sections to allow exceptions for visiting family
members. It was not clear from the discussion whether the exception was to allow visiting
relations to occupy recreational vehicles for sleeping purposes, or whether the exception was to
be applicable only to the parking and storage of recreational vehicles on developed residential
lots under proposed Section 7.20.140 when those relations visited a National City resident.
Staff again considered the options available and concluded that drafting an exception in the
ordinance to allow a visiting relative to sleep in or occupy a recreational vehicle while on a visit
could defeat the enforceability of the section as a whole. Therefore, Staff does not recommend
any revision to this Section or Sections 7.20.130 and 7.20.140.
Staff Report - Addendum
Title 7
Prior case law has held that familial status (kinship or consanguinity) cannot be used as a basis to
exclude persons from occupying structures or facilities for residency purposes. If the purpose of
the exception would be to allow only related visitors to reside in the recreational vehicle, it
would thereby exclude all other persons, including unrelated persons with a commonality of
communal association, which is a legally protected status. From an enforcement perspective, it
would be extraordinarily difficult, if not impossible, to first prove that a "person" was not
somehow "related" or conjoined with the primary property owner/occupant in a commonality of
interest, (other than the allowance of occupancy in the recreational vehicles) in order to enforce
the ordinance.
The problem here is that a homeowner/occupant could rent out or allow others to reside on the
property in a structure or facility not meeting the building codes —a use that is not allowed even
for temporary periods —and we would not be able to prove that the person does not enjoy a
protected status. Basically then, we could find ourselves allowing recreational vehicles to be
used for temporary or even long-term occupancy.
Much the same considerations would also apply to proposed Sections 7.20.130 and 7.20.140,
which restrict the washing of cars and the storage of recreational vehicles to those legal
occupants of residential structures. The problems that each of these ordinances seeks to
eliminate, as in the past, has been the congregation of many cars on a property thereby allowing
the operators to "hang-out", or the congregation of numerous vehicles being "stored" on
residential property for others who are not legal occupants of that property. Again, the issues are
(1) enforceability; and (2) elimination of a form of neighborhood blight by excessive
congregation of vehicles. A different approach to avoid "family" status would be to instead
allow exceptions for "guests" of the property occupant. By definition, however, anyone else on
the property would be an invitee or guest, and the objective of property maintenance is
frustrated.
It is therefore Staffs recommendation that none of these sections be revised to create exceptions
that would render the ordinances unenforceable upon judicial review. If, however, the City
Council does wish the exceptions to be included, then Staff will prepare such language based
upon the City Council's direction.
As a practical matter, most issues involving occupancy, car washing and recreational vehicle
storage do not arise except as a result of a complaint from adjoining neighbors. Generally, that is
as a result of a nuisance being committed (loud noise, parties, excessive occupancy, etc.).
Consequently, at least in general theory, the rule of "de minimus non curat lex" (the law does not
concern itself with trifles) would apply, and enforcement would not occur except in aggravated
situations.
The advantage to this approach is that it allows code enforcement not to have to prove a
"negative" and the ordinance remains facially neutral and therefore constitutional. It serves the
legitimate governmental interests of property preservation and the proper use and occupancy of
structures and land by persons with a legitimate interest in that property.
2 Staff Report - Addendum
Title 7
Section 2. That Title 7, Chapter 7.20 is amended by repealing Section 7.20.090.
Section 3. That Title 7 is amended by amending Sections 7.20.010, 7.20.050,
7.20.080, 7.20.100, 7.20.110, 7.20.130, 7.20.140 and 7.20.150 to read as follows:
7.20.010 Definitions. In this Chapter, the following terms shall mean:
A. "Graywater" means non -potable drain water, commonly discharged from
laundry tubs, washing machines, floor drains, bathing facilities and similar receptacles used
for washing or bathing. It includes water that is not fit or safe for human consumption.
"Graywater" that has been contaminated with any type of organic or fecal matter is sew. • e.
B. "Sewage" is " "
or fccal mattcran type of water discharge containin • or • anic or fecal matter.
C. "Outdoor" means to the exterior of an enclosed building or structure. Activity
carried on within a structure that is not completely enclosed on all sides is considered "outdoor
activity".
7.20.050 Discharges of water into ground or into storm drains --prohibited. A.
Except as provided in subsection C, lit is unlawful and a misdemeanor for any person to
discharge sewage, graywater or water draining from any swimming pool, sink, washtub or
wash basin, washing machine, or from any other source or liquid receptacle being used as a
cleaning device onto the ground or into a storm drain, gutter, flood channel or any other water
collection system, other than the municipal sewer system or a lawfully permitted septic system.
B. This Section 7.20.050 shall not apply to water run-off from construction sites.
Water run-off and discharge from construction sites shall comply with the requirements
established in Chapter 14.22 (Stormwater Management and Discharge Control).
C. The provisions of this Section 7.20.050 shall not apply to gra ater that is
discharged to the ground via a lawfully permitted • raywater discharge s stem that meets the
requirements of Appendix G of the Uniform Plumbing Codeas adopted.
7.20.080 Residing or camping in recreational vehicle --prohibited. A. It is the
purpose and intent of the City Council to prohibit the use of recreational vehicles as temporary
or permanent residences or sleeping quarters. This Section 7.20.080 is therefore enacted to
protect the public health and welfare.
B. It is unlawful to occupy a recreational vehicle for more than 10 consecutive
minutes between the hours of 2:00 a.m. and 6:00 a.m. while that vehicle is parked on a street
or on public or private property, except when that vehicle is parked within a lawfully
permitted mobile home park or campground.
C. It is unlawful to attach or hookup a recreational vehicle to a utility service
providing gas, water, sewage, telephone or cable TV, or any combination, at any time, except
in a lawfully permitted mobile home park or campground.
D. It is unlawful to hookup or attach a recreational vehicle to a utility service
providing electricity, except where that connection is made to a battery recharging device for a
period not to exceed 24 hours for the purpose of recharging the vehicle's battery, and for no
other purpose.
3
1999 Ordinance
Outdoor Activities
and Enforcement
Attachment A
ORDINANCE NO. 99-
AN ORDINANCE OF 1'HE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
11'1'LE 7, CHAPTER 7.10, CHAPTER 7.20
AND CHAPTER 7.32 OF THE NATIONAL CITY
MUNICIPAL CODE, REGULATING GARBAGE
AND RUBBISH CONTAINERS, OUTDOOR
ACTIVITIES AND ENFORCEMENT
BE IT ORDAINED by the City Council of the City of National City that Title
7, Chapters 7.10, 7.20 and 7.32 of the National City Municipal Code are hereby amended to
read as follows:
Section 1. That Chapter 7.10 is amended by amending Sections 7.10.010, 7.10.050
and 7.10.080 to read as follows:
7.10.010 Definitions (A through H--no change).
I. "Recyclables" or "recyclable materials" shall mean plastic bottles, plastic
containers, glass bottles, glass jars, newspapers, aluminum and/or metal cans, and any other
material designated by the city as a recyclable material in Chapter 9.52.
7.10.050 Garbage and rubbish containers. A. Receptacles for the containment of
garbage or rubbish placed for collection shall be as provided by the city rubbish collection
contractor.
B. Receptacles for the containment of yard waste shall comply with these
limitations:
1. They shall have the capacity of no more than forty gallons in volume.
2. Their weight shall not exceed fifty pounds when filled.
3. Reusable rigid containers or cans shall be constructed of nonabsorbent
and corrosion -resistant materials and should be easily cleanable.
4. The diameter of the can's opening shall be no less than the diameter
anywhere below the top and the can should be tapered to facilitate discharge of compacted
waste when the container is inverted.
5. The interior of the can shall be smooth, without projections which would
interfere with emptying the contents.
6. The can shall have no cracks, holes or jagged edges which could injure
collection personnel.
7 The can shall be fitted with handles located directly opposite one another
on the sides of the container for easy lifting.
8. Cans shall be equipped with covers or lids which are tight -fitting to resist
the intrusion of water and vectors.
9. Cans shall be designed so that they cannot be tip
ped over easily.
C. Single -use plastic and paper bags furnished by the city rubbish collection
contractor must be only those manufactured expressly for solid waste storage and shall meet
the standards of the National Sanitation Foundation as to thickness and bursting strength.
D. Commercial dump -type receptacles (bins) shall meet the minimum specifications
established by the city's rubbish collection contractor. They shall be maintained in good work-
ing order and shall be kept clean and sanitary. Such bins shall be equipped with solid,
noncombustible and closeable lids that are sufficient to contain a fire within the bin. It is a
violation to place any sort of liquid wastes into a bin unless they are contained in leak proof
vessels.
E. Preparation of recyclable refuse for collection —alternate methods.
1. In those areas of the city where recyclable material collection containers
are provided to users by the city rubbish collection contractor, recyclable materials defined in
Chapter 9.52 shall be separated from garbage and rubbish and placed in the respective
recycling collection container for collection by the contractor in accordance with Chapter 9.52.
2. Recyclable materials shall not contain garbage or rubbish.
F. Brush and limbs of trees may be placed for collection outside of receptacles in
tied bundles not more than four feet in length, not more than eighteen inches in diameter, and
not more than sixty pounds in weight each.
G. Garbage receptacles shall be kept covered. No person shall permit a garbage
receptacle to remain uncovered or open, or in such condition that flies or vermin may obtain
access thereto, except when necessary to place garbage therein or remove therefrom; for such
purposes covering shall be immediately replaced.
H. It is unlawful for any person to place any discarded material in, upon or near
any receptacle, container or bin, unless he or she has an ownership or possessory interest or
right in that receptacle, container or bin.
7.10.080 Enclosures required. A. All commercial, industrial, institutional, and
multifamily residential uses shall be provided masonry trash enclosures which shall comply
with the trash enclosure design guidelines adopted from time to time by resolution of the City
Council. It shall be the duty of the owner(s) of the affected property to provide and install the
enclosure required by this Chapter 7.10. The planning commission may waive this
requirement pursuant to a finding that the use does not generate a need for exterior trash
receptacles. Properties with trash receptacles having cumulative capacity of ninety (90)
gallons or less shall not be subject to this requirement if suitable and sufficient containers as
determined by the planning director are provided in accordance with Section 7.10.040A of this
chapter.
B. Multifamily residential properties containing no more than three units shall not
be subject to the requirements of this section if the planning director determines that all of the
following conditions exist:
1. The property is not of sufficient size, or the location and arrangement of
buildings on the property precludes installationof a trash enclosure;
2. All trash receptacles can be screened so that they cannot be viewed from
adjacent properties or city streets;
3. Dumpsters are not in use; receptacles are limited to metal or plastic cans.
C. Any building or structure or portion of building or structure used for storage of
rubbish and waste shall contain an approved floor drain connected to the public sewer system.
1999 Ordinance 2 Outdoor Activities
and Enforcement
Section 2. That Title 7, Chapter 7.20 is amended by repealing Section 7.20.090.
Section 3. That Title 7 is amended by amending Sections 7.20.010, 7.20.050,
7.20.080, 7.20.100, 7.20.110, 7.20.130, 7.20.140 and 7.20.150 to read as follows:
7.20.010 Definitions. In this Chapter, the following terms shall mean:
A. "Graywater" means non -potable drain water, commonly discharged from
laundry tubs, washing machines, floor drains, bathing facilities and similar receptacles used
for washing or bathing. It includes water that is not fit or safe for human consumption.
"Graywater" that has been contaminated with any type of organic or fecal matter is sewage.
B. "Sewage" is any type of water discharge containing organic or fecal matter.
C. "Outdoor" means to the exterior of an enclosed building or structure. Activity
carried on within a structure that is not completely enclosed on all sides is considered "outdoor
activity".
7.20.050 Discharges of water into ground or into storm drains —prohibited. A.
Except as provided in subsection C, it is unlawful and a misdemeanor for any person to
discharge sewage, graywater or water draining from any swimming pool, sink, washtub or
wash basin, washing machine, or from any other source or liquid receptacle being used as a
cleaning device onto the ground or into a storm drain, gutter, flood channel or any other water
collection system, other than the municipal sewer system or a lawfully permitted septic system.
B. This Section 7.20.050 shall not apply to water run-off from construction sites.
Water run-off and discharge from construction sites shall comply with the requirements
established in Chapter 14.22 (Stormwater Management and Discharge Control).
C. The provisions of this Section 7.20.050 shall not apply to graywater that is
discharged to the ground via a lawfully permitted graywater discharge system that meets the
requirements of Appendix G of the Uniform Plumbing Code, as adopted.
7.20.080 Residing or camping in recreational vehicle --prohibited. A. It is the
purpose and intent of the City Council to prohibit the use of recreational vehicles as temporary
or permanent residences or sleeping quarters. This Section 7.20.080 is therefore enacted to
protect the public health and welfare.
B. It is unlawful to occupy a recreational vehicle for more than 10 consecutive
minutes between the hours of 2:00 a.m. and 6:00 a.m. while that vehicle is parked on a street
or on public or private property, except when that vehicle is parked within a lawfully
permitted mobile home park or campground.
C. It is unlawful to attach or hookup a recreational vehicle to a utility service
providing gas, water, sewage, telephone or cable TV, or any combination, at any time, except
in a lawfully permitted mobile home park or campground.
D. It is unlawful to hookup or attach a recreational vehicle to a utility service
providing electricity, except where that connection is made to a battery recharging device for a
period not to exceed 24 hours for the purpose of recharging the vehicle's battery, and for no
other purpose.
1999 Ordinance 3
Outdoor Activities
and Enforcement
E. As used in this section:
1. "Recreational vehicle" means any vehicle so classified by the Vehicle
Code or National City Municipal Code Section 18.04.542, or any other vehicle, including a
trailer, camper, house trailer, or motor home, which is designed or modified to be used for
sleeping purposes.
2. As used in Section 7.20.080B, the term "occupy" means that one or
more persons is physically present within the recreational vehicle (as defined in Section
7.20.080(D)(1)), regardless of whether any person is camping, sleeping or attempting to camp
or sleep within that vehicle.
7.20.100 Off -road vehicles. A. It is unlawful for any person to operate for
recreational purposes any vehicle or off -highway vehicle, as defined in the California Vehicle
Code, or a motorized scooter, on any unimproved public or private property in the city.
B. Notice of this regulation may be given by placing appropriate signs on the
property or by verbal order of a police officer or code conformance officer.
C. When an individual has been given such verbal notice and anytime thereafter is
found to be violating that order, the offending vehicle may be seized and impounded by the
city until the violation is prosecuted. Impound costs shall be borne by the owner of the vehicle
or his designee.
D. "Recreational purposes" means that the vehicle is being driven on property
without any apparent purpose and for the apparent pleasure of the operator or a bystander.
This definition shall not apply when the vehicle is being used for the delivery or pickup of
goods or materials or the provision of services to that property.
7.20.110 Removal of traffic obstructions. A. The city traffic safety committee
shall investigate conditions reported by the police department or city engineer wherein there is
a serious or potentially serious traffic hazard condition caused by obscured vision at street and
alley intersections, driveways or sidewalks. For the purposes of this section, a serious traffic
hazard condition occurs and obscures vision when any landscaping, fence, lawn ornament,
sign, apparatus, structure or containment other than a building, occupies the visual field of
drivers on public streets in such a way that the usual capability or control of vehicles is thereby
impaired or limited. The standards adopted by the California department of Transportation
(Caltrans) and the California Highway Patrol (CHP) shall be used in making findings of
hazard.
That committee shall, where appropriate, submit a report and recommendation to the
City Council for corrective action.
The City Council may, after conducting a public hearing thereon, make a finding that a
traffic hazard exits and that the contributing view -obscuring conditions are a public nuisance.
An order by the City Council to abate such a public nuisance and the abatement shall
follow the procedures set forth in Section 7.12.090.
B. This section is not subject to any grandfather privilege that might be raised on
the grounds that the subject traffic hazard predates the adoption of this regulation or that the
condition has existed for an extended length of time, with or without knowledge of city traffic
officials, or others.
1999 Ordinance 4 Outdoor Activities
and Enforcement
C. It is unlawful for any person to fail to remove a serious or potentially serious
traffic hazard resulting from a condition maintained outdoors on private property owned or
occupied by that person which may cause obscured vision to an approaching motorist, within
ten (10) days following written notice from the City Council, or the City Manager acting for
the City Council. Notice may be provided by: (1) posting a notice on the property; or, (2) by
sending a written notice to the property owner or occupant by both certified mail and by first
class mail; receipt of either of which shall constitute service of notice; or (3) by a combination
of both (1) and (2) above.
D. This section shall not be construed to create a mandatory duty on the part of the
City or any official or employee of the City under Section 815.6 of the California Government
Code, nor shall this section be construed to impose any civil liability upon the City or any
official or employee of the City.
7.20.130 Repairing and washing of vehicles on residential property --restricted.
A. Except as permitted in Section 7.20.130B or C, it is unlawful to wash or repair
a motor vehicle upon property used for residential purposes within the city limits.
B. A motor vehicle may be repaired by the registered owner of that vehicle upon
property owned by or rented to that vehicle owner, provided the repairs are done either in an
enclosed garage, within the rear yard setback or on a paved parking space or driveway.
C. Non-commercial motor vehicles registered to a resident of the property may be
washed on that property, provided that no liquids other than potable water, either alone or
mixed with soap or detergent, drain onto a public street.
7.20.140 Vehicle storage of certain inoperative or unlicensed vehicles, recreational
vehicles and boats or parking on landscaped setback --prohibited. A. Notwithstanding the
provisions of Title 18, it is unlawful to park, repair, store or wash any vehicle within or upon
any unpaved portion of any public or private property.
B. Except in paved areas or driveways specifically designed for parking, it is
unlawful to park a vehicle within the front yard or the exterior side yard setbacks of private
residential property, or on the parkway or landscape area of the public right of way.
C. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current
or valid registration plates or tags, any junked, wrecked, abandoned or inoperable vehicle, or
any vehicle for which a certificate of non -operation has been issued by the Department of
Motor Vehicles on residential property, except within a fully enclosed garage.
D. It is unlawful to park or store any recreational vehicle, boat or boat and trailer:
1. On a residential parcel unless that recreational vehicle, boat or trailer is
owned by and registered to an occupant of a legal dwelling unit on the same parcel; or,
2. On any other parcel unless the parcel is zoned and licensed for use as a
recreational vehicle or boat storage yard or repair facility.
E. Vehicles parked or stored in violation of this Section 7.20.140 are declared to
be public nuisances and subject to abatement and removal in accordance with Chapter 11.48.
Citations for violations of this section shall not be issued until 24 hours have elapsed after the
placement of a notice of warning upon the offending vehicle or the concerned property when
access to the vehicle is denied.
1999 Ordinance
5
Outdoor Activities
and Enforcement
7.20.150 Vehicles used for outdoor advertising. A. It is unlawful for any person
to park any vehicle, whether licensed or not, upon private property in any location visible
from any public street, highway or alley when such vehicle has upon it, within it or attached to
it any sort of sign or advertising device that would in any way render that vehicle inoperable
under the provisions of the California Vehicle Code; or which diverts the attention of any
vehicle operator on any adjacent roadway or limits the field of vision of such operator or any
pedestrian. Illuminated signs of any sort, animated displays, or message boards on such
vehicles are prohibited.
B. Vehicles found to be in violation of this section may be seized, impounded and
held until the violation has been prosecuted.
Section 4.
read as follows:
That Title 7, Chapter 7.32 is amended by amending Section 7.32.020 to
7.32.020 Persons charged with enforcement of this title. A. Unless otherwise
specified, it is the responsibility of the code conformance officer to enforce all the provisions
of this Title 7 of the National City Municipal Code. In addition, the city manager may
designate and assign administrative responsibilities for enforcement activities to any of the
city's departments to fully utilize available manpower, expertise and resources.
(B and C - no change).
PASSED and ADOPTED this day of 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
1999 Ordinance 6 Outdoor Activities
and Enforcement
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
AGENDA ITEM NO.
(ITEM TITLE
Use of the Community Center on December 18, 1999 by a Non -Profit Local Chapter of the
Alcoholic Anonymous for an IInfora)nal Meeting. Waiver of Fees is Requested.
PREPARED BY T. McAvoy "/ //�/�'Y DEPARTMENT Public Works
EXPLANATION
Grupo AA Highland, a local chapter of Alcoholics Anonymous is requesting use of the Community
Center (north room) on December 18, 1999 from 12:00 p.m. to 10:00 p.m. to hold an informational
meeting. The Group is requesting full waiver of fees. Recommendation is made for waiver of building
fees but not custodial fees.
Cost: Building $ 879.70
Custodial 156.38
Total: $1,036.08
Approval of use of the Community Building pending insurance requirement of $1 million coverage
naming the City of National City as an additional insured is to be provided to the Public Works
Department 10 days (12/8/99) prior to the event.
Environmental Review X N/A
Financial Statement
Loss of $1,036.08 (all fees included) to the General Fund if waiver of fees is approved; loss of $879.70
(building fees only) to the General Fund if waived.
Account No.
STAFF RECOMMENDATION
Approve use of the Community Center, and partial waiver of fees. Approval is conditional upon receipt
of appropriate insurance binder.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Grupo AA Highland letter dated September 27, 1999.
Resolution No.
A-200 (9/80)
f
September 27, 1999
The Honorable Mayor George Waters
& City Councilmembers
City of National City
1243 National City Blvd.
National City, CA 91950
GRUPO AA H%OHLAND
Dear Mayor and Council:
We have a local chapter of Alcoholics Anonymous here in National City, we go
by the name, the Highland Group. We are having our first anniversary in
December and would like to use your community center to hold our first annual
event. This would be an informational meeting and anniversary held at the same
time.
We are a non-profit organization and would like to have the fees waived. The
date we set for this event is December 18, 19999, between the hours of 12:00
p.m. and 10:00 p.m. I can be reached at (619) 691-0843. Thank you for your
time.
6 ff-481.E
GRUPO AA HIGHLAND
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
10
AGENDA ITEM NO.
7-ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR A MARTIAL
ARTS STUDIO AT 26 N. EUCLID AVENUE. CASE FILE NO. CUP-1999-7.
APPLICANT: TROY RAWLS
PREPARED BY Ron Santos —
Assistant Planner
EXPLANATION
DEPARTMENT Planning
The applicant requests a Conditional Use Permit to operate a martial arts studio in a 900 square -foot suite of
the National City Plaza shopping center - located northwest of the intersection of Division Street and Euclid
Avenue. Classes would be held Monday through Friday between the hours of 4:00 p.m. and 7:30 p.m. Each
class would last approximately one hour and include 10 to 15 students.
Planning Commission voted to approve the application at the October 4 meeting. The Commission's staff
report noted that National City Plaza typically has a substantial number of unoccupied parking spaces, and
that the proposed use is unlikely to create parking or traffic impacts, since most students will be of non -
driving age. Also, conditions of approval limit class attendance to 15 persons.
Several parents of students enrolled in the martial arts classes spoke in support of the application. No
testimony was received in opposition.
Environmental Review
Financial Statement
STAFF RECOMMENDATION
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be
filed. RqP
X N/A
N/A
Account No.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted to approve the application.
Vote: Ayes -- unanimous
ATTACHMENTS ( Listed Below )
1. Resolution 8-99'
2. Location Map
Resolution No.
A-200 (9/80)
RESOLUTION NO. 8-99
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A MARTIAL ARTS STUDIO AT 26 N. EUCLID AVENUE.
APPLICANT: TROY RAWLS
CASE FILE NO. CUP-1999-7
WHEREAS, the Planning Commission of the City of National City considered .a
Conditional Use Permit application for a martial arts studio at 26 N. Euclid Avenue at a duly
advertised public hearing held on October 4, 1999 at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. CUP-1999-7 which is maintained by the City and incorporated herein
by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission
at the public hearing held on October 4, 1999, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since sufficient space exists
in the proposed suite to operate a martial arts studio for up to 15 students, and there is
sufficient parking availability to accommodate the proposed use in the shopping center.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, since
access to the property is provided along Euclid Avenue and Division Street, and the use is
not expected to generate a significant amount of traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since it will be conducted entirely within an enclosed building in a shopping center in a
commercial zone.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the use will provide recreational and educational opportunities for members
of the community.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. Plans submitted for Building Permits must comply with the 1998 California Building,
Plumbing, Electrical, Mechanical Codes, and Title 24 energy and handicapped regulations.
2. Use of the property as authorized by this Conditional Use Permit shall be limited to a martial
arts studio providing instruction for no more than 15 students at a time.
3. Before this Conditional Use Permit shall become effective, the applicant and property owner
shall sign and have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon the approval of this permit. Failure
to return the signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate the Conditional Use Permit.
4. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section 18.116.190
of the National City Municipal Code.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the
applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day
following the City Council meeting where the Planning Commission resolution is set for review, unless
an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council
meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and
set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of October
18, 1999, by the following vote:
AYES: UNGAB, VALDERRAMA, GODSHALK, PARRA, MARTINELLI
NAYS:
ABSENT: LARGE
ABSTAIN: DETZER
7.ei Gt4Gu.4.-
CHAIRMAN
L--t--DIVISION
Linj Mk*, WI
MELROSE7.
ST.
• 236IjI ,.. 234 233I 232I 231 1230I 2t9I 22.I 2227 229 225
237
236
239
240
241
242
243
t44
246
246
t47
tee
249
—
250
M
i
a
~
4
y
h
N
y
H
w
A
V
V
4
SCALE:
1':2002 ' CUP-1999-7
PROJECT SITE
(SHOPPING
CENTER)
LOCATION MAP
I ,igi
97
,
N
i93
.
.,
..
'94
1
'92
33
t
•'..0 -
32
%
a
30
w.
a
29
DRM. DATE
hPC"
' 26 N. EUCLID AVENUE HEARING
NATIONAL CITY PLANNING ,10049
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 26, 1999
AGENDA ITEM NO. 11
ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATIONS FACILITY ON A VACANT LOT EAST OF 1840 E. 12TH STREET, AND
WEST OF THE 1-805 FREEWAY. CASE FILE NO. CUP-1999-4. APPLICANT: NEXTEL
PREPARED BY Ron Santos — S DEPARTMENT Planning
Assistant Planner
EXPLANATION
Nextel Communications requests authorization to install equipment for wireless communications on a
vacant lot adjacent to I-805 freeway, in the General Commercial zone. Proposed equipment consists of a 60
foot tall antenna support pole designed to simulate the appearance of a palm tree, and a 200 square -foot
equipment building.
Planning Commission voted to approve the application on October 4, after reviewing photographs of similar
facilities existing in San Diego and Spring Valley, and photo -simulations of the proposed installation. (See
Attachment 3). A finding of no adverse effect on adjacent properties was adopted in support. The applicant
spoke in favor of the application at the hearing. No other testimony from the public was received.
Adopted conditions of approval require that the proposed equipment building be designed for architectural
compatibility with adjacent structures, and the planting of two real palm trees alongside the proposed
antenna structure.
Environmental Review
Financial Statement N/A
N/A
Account No.
STAFF RECOMMENDATION
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be
filed. 4p
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted to approve the application.
Vote: Ayes -- unanimous
ATTACHMENTS (Listed Below )
1. Resolution 9-99
2. Location Map
3. Photo of similar facility
Resolution No.
A-200 (9/80)
RESOLUTION NO. 9-99
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY ON A VACANT LOT EAST OF 1840
E. 12m STREET, AND WEST OF THE I-805 FREEWAY.
APPLICANT: MARK BRUNE FIE FOR NEXTEL COMMUNICATIONS
CASE FILE NO. CUP-1999-4
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a wireless communications facility on a vacant lot east of
1840 E. 12th Street, and west of the I-805 Freeway at a duly advertised public hearing held on
October 4, 1999 at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. CUP-1999-4 which is maintained by the City and incorporated herein
by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission
at the public hearing held on October 4, 1999, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since sufficient space exists
on the project site to accommodate the proposed antenna structure and equipment building.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, since
access to the property will be provided from either E. Plaza Boulevard or E. 12th Street, and
the unmanned communications facility is expected to generate a minimal amount of
additional traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the proposed antenna structure will be designed to simulate the appearance of a palm
tree, and since conditions of approval require (1) the planting of at least two real palm trees
designed to partially screen the proposed antenna structure; and (2) that the proposed
equipment building have an architectural appearance compatible with that of surrounding
residential buildings.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the facility will enhance and/or augment the availability of wireless
communication channels.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. Plans submitted for Building Permits must conform with the 1998 California Building,
Plumbing, Electrical, Mechanical and Energy Codes.
2. Exterior walls of all buildings shall be treated with "Graffiti Melt Coating" manufactured by
Genesis Coatings, Inc., or similar product that has been approved by the Building and Safety
Director.
3. Proof of a recorded easement, granted by the adjacent property owner, for access to the project
site from Playa Boulevard, shall be submitted to the Engineering Department for review and
approval. As an alternative, access to the project site from E. 12th Street may be permitted
upon approval by the Engineering Department.
4. A structural section showing the proposed access driveway to the project site shall be
submitted for review and approval by the Engineering Department. The section shall show a
six inch graded earthen berm with eight inches of decomposed granite compacted to 95%
relative compaction. The driveway shall have a minimum width of 12 feet, continuous from
the street to the proposed equipment building. The required driveway shall be shown on a site
plan submitted to the City for review and approval.
5. The driveway apron proposed along Plaza Boulevard shall be designed in accordance with
SDRSD G-14, and shall have a have a minimum width of 18 feet.
6. Construction and operation of the proposed facility shall comply with Sections 14.22.010 to
14.22.120 of the City of National City Storm Water Management and Discharge Control
Ordinance.
7. A permit shall be obtained from the Engineering Department for all improvement work within
the public right-of-way, and for the grading work on private property.
8. A cost estimate shall be submitted with improvement plans. A performance bond equal to the
approved cost estimate for all of the proposed grading and driveway improvements shall be
posted. Three percent of the estimated cost shall also be deposited with the City as an initial
cost for plan checking and inspection services at the time the plans are submitted. The deposit
is subject to adjustment.
9. The permittee shall not object to co -locating additional facilities of other communication
companies and sharing the project site, provided such shared use does not result in substantial
technical or quality -of -service impairment for the permitted use. In the event a dispute arises
with regard to co -locating with other existing or potential users, the City may require a third
party technical study at the expense of either or both the applicant or the complaining user.
This condition in no way obligates the City to approve any co -location proposal if it is
determined by the City not to be desirable in a specific case.
10. The proposed equipment building shall incorporate a pitched roof and exterior finish materials
typically used on single-family dwellings in the vicinity of the project area, such as stucco and
wood. The chainlink fence and barbed wire shown surrounding the proposed facility on
Exhibit A -Revised, Case File CUP-1999-4, shall be omitted from plans submitted for building
permits, and shall not be installed at the project site.
11. A landscape and irrigation plan, prepared in accordance with the City's Guidelines For On -Site
Landscaping, shall be submitted for review and approval by the Planning Department. The
plan shall depict proposed planting of a minimum of two palm trees in the area immediately
surrounding the proposed antenna support structure and additional shrubs and/or trees along
the perimeter of the proposed equipment building. Required palms, at least one of which shall
be a Date Palm (Phoenix dactylifera) species, shall have a minimum height of 25 feet at time
of planting. Required landscaping and irrigation shall be installed concurrently with the
installation of the proposed antenna structure, and shall be continuously maintained by the
applicant for the duration of this Conditional Use Permit.
12. Prior to issuance of building permits, the applicant shall submit a report, prepared by an
engineer, which quantifies the project's radio frequency exposures and compares them to FCC
adopted standards.
13. Antennas and equipment authorized by this Conditional Use Permit shall be removed by the
applicant upon discontinued use for a period of six or more consecutive months.
14. Use of the property as authorized by this Conditional Use Permit shall be limited to the
installation of wireless communications antennas and associated equipment, installed in
conformance with Exhibit A -Revised, Case File No. CUP-1999-4, dated 09/01/99, except as
modified by Conditions of Approval.
15. Before this Conditional Use Permit shall become effective, the applicant and property owner
shall sign and have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon the approval of this permit. Failure
to return the signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate the Conditional Use Permit.
16. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section 18.116.190
of the National City Municipal Code.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the
applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day
following the City Council meeting where the Planning Commission resolution is set for review, unless
an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council
meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and
set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of October
18, 1999, by the following vote:
AYES: UNGAB, GODSHALK, PARRA, MARTINELLI
NAYS:
ABSENT: LARGE
ABSTAIN: VALDERRAMA, DETZER
eLay4oca)k
CHAIRMAN
t07
2
P'
iith
an.
3
20
MA
4
19
P
18
42
5 6 7 81
RS-2.
16°
I A
9 10 11 Z
W
Q
12
••••
STREET
pops
T09 IR
In 2
)ieo
WY 3
v2/ 4e
M+T
*00 1 II w
iE
5
20
Ss.
%
son
--i2th-
aIo
MAP
6
18
7
18
_
8
IT
9
16
Y a
10
15
a
II
w
3880
K.30
14 13
a
a
MAP
MAP
F05
Ito
1440
/14/0
1•p
/436
/4
14.9
CO
pI
A
TIM
•
•
1—PD
a
6
40/
7
I:op 10Fal
MAP
1421
/433 moo 5
1.
1:1 asap �E
-2 PD
1
i
1
/0// 4
/02/ 3
a
/03/
B /035 I
lot al
I0
245
a'
'S
I• MAP 'p S — 2
i�
•
IF
NYpe
m
N
3
a'
•
w
•e
a'
(BOULEVARD
•
"II
IMio
c
CG—PD
CT—PD
10400 ..y�p
Ma,Ma,A :/4/5.
,fp7 �7 3 1 !
PD, • •142
'
/440
/0242
po
/042
Q
2
PROPOSED ANTENNA
\AND EQUIPMENT
BUILDING
4/445
/044
UNDER PASS
PROJECT SITE
ZONE BOUNDARY
SCALE:
1"=2001' LOCATION MAP
T
NORTH
❑_❑❑ CUP-1999-4
0501T 00
E(NATIONAL CITY PLANNING
FE
DRN. DATE:
09/21/99
P.C.
HEARING:
10/04/99
Attachment 10
• . 4
ellAtthtd4.44- !ii. .6.,..,
•
ree I an ego
2750 Fourth Avenue
P.O. Box 3879
San Diego, CA 92163-1879
Phone: (619) 297-3901
Fax: (619) 297-8402
1101 Airport Road, Suite C
Imperial, CA 92251
Phone: (760) 353-LUNG
Fax:(760)355-2173
August 25, 1999
Dear Councilmember Inzunza:
ITEM #12
AMiF(ICAN
LUNG
ASSOCIATION®
of San Diego and
Imperial Counties
Thank you for your interest in tobacco control policies.
As promised, I have enclosed a packet of information for
your review.
Unfortunately, our model ordinance is being revised and
will need to be reviewed by legal professionals before we
can distribute it so it may take a few weeks to get that to
you. In the meantime, I have enclosed copies of the
most recent ordinances passed in San Diego County.
These are San Diego City and San Marcos, both of which
include self-service display bans and advertising
restrictions, among other standard policies such as ID
checking and vending machine bans. Also enclosed are
some fact sheets on tobacco use, information on the
importance of tobacco self-service display bans and some
letters of recommendation from other city council
members, mayors and police department personnel.
I hope I have not overwhelmed you with information
right off the bat. Please let me know if there is any other
information that I can provide you. As I stated last night,
I would very much enjoy meeting with you and your
colleagues to discuss policy options for National City -
I look forward to hearing from you.
Sincerely,
Tracy Gor
Project Coor.inator, Tobacco -Free Youth
P.S. I do not yet have photos for you but I will send those
shortly.
Enclosures
AMERICAN LUNG ASSOCIATION®
of San Diego and Imperial Counties
PROTECTING KIDS FROM TOBACCO: WHICH CITIES MAKE THE GRADE? APRIL 1999
Local Cities
and San Diego
County
Final
Grade
Enforcement
of Sales to
Minors Laws
PC 308(a)
Participation
in STAKE
Stings
Ordinances
Eliminating
Self -Service Sales
Ordinance
Requiring
Licensing of
Tobacco
Retailers
Ordinance
Banning
Tobacco Stores
within 1,000 Ft.
of Schools
Ordinance
Requiring
Sales to
Minors
Signage
Ordinance
Eliminating
Free
Sampling
Self -Service Vending
Displays Machines
Carlsbad
D
V
0
0
0
0
0
0
0
Chula Vista
B
V
0
V
V
0
0
V
0
Coronado
B
V
V
V
V
0
0
V
®
Del Mar
F
0
0
0
0
0
0
0
0
El Cajon
B
0
V
V
V
0
0
V
0
Encinitas
D
V
0
0
0
0
0
®
0
Escondido
D
✓
0
0
0
0
0
0
0
Imperial Beach
B
V
0
✓
V
0
0
✓
0
La Mesa
D
V
V
0
0
0
0
0
0
Lemon Grove
D
0
0
®
✓
0
®
®
0
National City
F
0
0
0
0
0
0
0
0
Oceanside
B
V
0
✓
✓
0
0
✓
0
Poway
B
V
V
V
V
0
0
V
0
San Diego City
A
V
0
V
V
0
. 0
V
✓+
San Marcos
C-
V
V
0
* ✓-
0
0
0
®
Santee
D-
V
0
0
* ✓-
0
®
0
0
Solana Beach
C-
0
0
0
*✓_
0
0
0
✓
Vista
B
V
0
V
V
0
V
0
0
San Diego Co.
D
V
0
0
V
0
0
O
0
ermits vending machines in bars.
+ Prohibits free samp ing of promotional items.
A= 10-14; B= 5-9; C= 3-4; D= l-2; F= 0
AMERICAN LUNG ASSOCIATION®
of San Diego and Imperial Counties
PROTECTING KIDS FROM TOBACCO
WHICH CITIES MAKE THE GRADE? APRIL 1999
Local Cities
and San Diego
County
Ordinance
Banning
Unpackaged
Cigarettes
Ordinance
Banning Tobacco
Advertising/
Promotion on
City Property
Ordinance Banning
Tobacco Advertising/
Promotion Within
1,000 Ft. of a School/
Residential Area
Ordinance Prohibiting
Tobacco Advertising/
Promotion Below Four
Feet and Within Two
Feet of Candy in Stores
Ordinance
Restricting
Billboard
Advertising
Ordinance Prohibiting
Tobacco Advertising
Promotion Visible from
the Outside Within a
1,000 Ft. of Residential
Areas and Areas Where
Children Congregate
Carlsbad
Chula Vista
../
Coronado
s/
Del Mar
®
®
®
®
®
®
El Cajon
✓
®
®
®
Encinitas
Escondido
®
Imperial Beach
,/
®
La Mesa
Lemon Grove
®
®
®
®
®
®
National City
®
®
®
®
Oceanside
✓
®
®
®
®
®
Poway
✓
®
®
San Diego City
V
®
./
I
V
San Marcos
Santee
®
®
®
®
®
®
Solana Beach
V/
Vista
V
®
®
®
®
®
San Diego Co.
®
®
F;IOLOBALITFYITRACY1Report Card\Report Card - 1999.doc