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HomeMy WebLinkAbout1999 10-05 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, OCTOBER 5, 1999 - 3:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL 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 ASSISTANT CITY MANAGER, PARK MORSE. INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF SEPTEMBER 21, 1999 AND SEPTEMBER 28, 1999. COUNCIL AGENDA 10/5/99 Page 2 PROCLAMATION Proclaiming the week of October 10-16, 1999 as: "WORLD POPULATION AWARENESS WEEK" INTERVIEWS/APPOINTMENTS Civil Service Commission - 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. 99-164 Resolution of the City Council of the City of National City approving salary, benefit provisions and titles for National City Confidential Employees (Unrepresented Group) (Personnel) 2. Resolution No. 99-165 Resolution of the City Council of the City of National City approving the wage increases for part-time and seasonal employees. (Personnel) 3. Resolution No. 99-166 Resolution of the City Council of the City of National City authorizing the upgrade of the Purchasing Department's Senior Office Assistant position to that of Purchasing Clerk. (Purchasing) COUNCIL AGENDA 10/5/99 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 99-167 Resolution of the City Council of the City of National City approving and authorizing an Encroachment Agreement between the City of National City and Restructure Petroleum Marketing Services for installation of two groundwater monitoring wells along Tolas Court and Salot Avenue. (Engineering) 5. Resolution No. 99-168 Resolution of the City Council of the City of National City denying the Coastal Development Permit and Conditional Use Permit for the continued use of an automobile and truck import/export storage yard and new paving to accommodate expansion of the facility located in the Harbor District Specific Plan area at the northwest corner of 32' Street and the proposed Harrison Avenue extension. (Applicant: Port of San Diego. Case File Nos. CDP-1999-2 and CUP-1999-3) (Planning) 6. WARRANT REGISTER #13 (Finance) Ratification of Demands in the amount of $955,219.91. ORDINANCES FOR INTRODUCTION 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) COUNCIL AGENDA 10/5/99 Page 4 ORDINANCES FOR INTRODUCTION (Cont.) 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) ORDINANCE FOR ADOPTION 9. An Ordinance of the City Council of the City of National City amending Chapters 15.36, 18.04 and 18.69 of the National City Municipal Code relating to peep show establishments, cabarets and adult oriented businesses. (City Attorney) NEW BUSINESS 10. Use of the Community Center on October 30th and 31' by the National City Host Lions Club and Waiver of Fees. (Public Works) 11. Temporary Use Permit - Seafood City Supermarket Filipino -Mexican cultural show. (Building & Safety) -* CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF COUNCIL AGENDA 10/5/99 Page 5 NEW BUSINESS (Cont.) —> MAYOR —> CITY COUNCIL 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 Conference with Council Representative - Government Code Section 54957.6. Agency Designated Representative: Ron Morrison Employee Group: Executive and Management Employees ADJOURNMENT Next Regular City Council Meeting - October 12, 1999 at 6:00 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 tat lflrurtamatiun WHEREAS, World population is projected to reach six billion this year,•a trebling of the planet's human numbers within this century and an event that will be symbolically recognized on the Twelfth of October; and WHEREAS, State and local jurisdictions, including the City of National City are confronted with environmental and societal challenges such as water shortages, traffic congestion, inner city deterioration, curtailment of basic services, climate change, and the spread of infectious diseases; and WHEREAS, These challenges are inextricably linked to patterns of considerable demographic change, such as areas west of the Mississippi River doubling in population size as rapidly as Africa, the world's fastest growing region; and WHEREAS, Urban areas historically have served as centers of trade, transportation, industry and markets, providing the economic and cultural diversity and vitality that often define the very nation or region in which they are located; and WHEREAS, Over 50 percent of the world's more than six billion people are expected to live in urban areas early in the next century, and by the year 2020 urban population is projected to exceed five billion, or 61 percent of the world total; and WHEREAS, The challenges of rapid population growth and urbanization call for innovative leadership to ensure resource conservation, protection of open space, waste prevention, sanitation management and a higher quality of life. • NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of October 10-16, 1999 as: "WORLD POPULATION AWARENESS WEEK " IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 5th flay of October 1999-. PEORGE H. WATERS Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 27, 1999 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: CIVIL SERVICE COMMISSION Please be advised that Kathleen Smith's term on the Civil Service Commission will be expiring on September 30, 1999. Ms. Smith has served on the above -subject committee since 1989 and is requesting consideration for reappointment until December 30, 1999. If there are no objections, I recommend we reappoint Ms. Smith for a term ending December 30, 1999. This item will be placed on the Council Agenda for the meeting of October 5, 1999. GEORGE H. WATERS Mayor GHW:nu ® Recycled Paper EXPLANATION - City of National City, California COUNCIL AGENDA STATE E T MEETING DATE OeLober 5, 1999 AGENDA ITEM NO, 1 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING SALARY, BENEFIT PROVISIONS AND TITLES FOR NATIONAL CITY CONFIDENTIAL EMPLOYEES (UNREPRESENTED GROUP) PREPARED BY DEPARTMENT ROGER C. DeFRATIS Personnel Personnel Directo A summary of the significant changes to the Confidential Employees Salary and Benefit Provisions is attached. Included is the Personnel Director's recommendation to change classification titles, job duties, and entrance requirements, which if the titles and salaries are approved by Council, will also need Civil Service Commission's approval of the Class Specifications next. Environmental Review x N/A Financial Statement This agreement would direct the City Manager to allocate the necessary funds to the appropriate accounts. The estimated additional general fund cost is approximately $38,000 for 1999-2000 fiscal year for increases in salary and benefits. Account No STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Proposed Resolution 2. Summary of Salary & Benefits 99-164 Resolution No. A-200 (Rev. 9/00) RESOLUTION NO. 99- 164 RESOLUTION OF [ELL CITY COUNCIL OF ERE CITY OF NATIONAL CITY APPROVING SALARY, BENEFIT PROVISIONS AND I'I1'LES FOR NATIONAL CITY CONFIDENTIAL EMPLOYEES (Unrepresented Group) WHEREAS, the Personnel Director has presented the City Council with certain recommendations regarding the salaries and benefit provisions for City Confidential Employees; and WHEREAS, the City Council has determined that the recommended Confidential Employee salary and benefit provisions, together with any required modifications, should be implemented; and WHEREAS, the Personnel Director recommends that the titles of most Confidential Employees be changed to the appropriate level of the Executive Assistant Class in order to avoid complications that may arise from Equal Pay laws due to same titles in the MEA Unit; and WHEREAS, it is also recommended that the Executive Assistant Class job descriptions be changed to provide a higher level of duties and entrance requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the changes to salaries, benefit provisions and titles for National City Confidential Employees are hereby approved effective the start of the first pay period in FY 99-2000, as set forth in the attached Exhibit "A". BE IT FURTHER RESOLVED that the City Manager is directed to allocate necessary funds to implement the aforementioned changes to salaries and benefits for Fiscal Years 1999-2000 through 2001-02. PASSED and ADOPTED this 5"day of October, 1999. Al 1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George By: , III, City Attorney lidolf Hradecky Senior Assistant City Attorney George H. Waters, Mayor Resolution No. 99-164 Page Two SUMMARY OF SALARY AND BENEFITS CITY OF NATIONAL CITY CONFIDENTIAL EMPLOYEES 1. Effective start of first pay period in FY 99-2000, increase salaries of the unrepresented Confidential Employees by 5%. 2. Confidential employees shall receive salary increases as attached and all other benefits, which are provided to the Municipal Employees' Association, except as listed in #3 below. 3. Additionally, this shall memorialize the one additional floating holiday each year, and increase the maximum accumulation of sick leave to 400 hours. NOTE: The Personnel Director is recommending that the titles of most Confidential Employees be changed to the appropriate level of the Executive Assistant class in order to avoid complications that may arise from Equal Pay Laws due to same titles in the MBA Unit. The Job Descriptions have also been changed to provide a higher level of duties and entrance requirements. The new title of Payroll Technician was previously a Senior Accounting Assistant represented by MEA. 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( -}: a:--.-$`.,-. u«:a.:.,.'_ a. .: ,:,,n-S-'..;. ti..v..:_n }n _... _ }� v+-. rn v- M.v iCIC- i:.Sv Vva`:-}}X}v'-2 iYY2Rt'ava4���.�-�J�VvL iJ-.v:.vh*«{L}. kA'r+: rC t2h.n}yx ,Uxv-nx. v}v-kS.y kY`i�yi-on `iY,23._..n+x:LJ}-:aa. ,x3 .�:`'.2i�-"na"":a':��-,;a -:$ �yv:{v`x}S\,e-: _ .iY:?nV%n, _ :::2[;:+ aG-�22-'t`ci.d.._i.:,sx }.' `'�E}:vaa}a-^ia -• ',�i-`�':-+��V"F}.Y LLvin y .SK" iw vh: a v .$i4 y2. `CLCL `FLVKCax.+.v :'ii vp:# (v,"vi y'-a::-tY��.a-,:'.-.,--v-.`v:�L:2i ..`V'u` i$:}..v a�'t �. n }bfiik LLv:i`-S`}'^ . <Mc aY,t"Y MIS Technician II $3458 - $4203 MIS Technician II $3631 - $4413 MIS Technician I $3038 - $3692 MIS Technician I $3190 - $3877 Secretary to the City Manager $2652 - $3224 Executive Assistant IV $2785 - $3385 Secretary to the City Attorney $2512 - $3054 Executive Assistant Ill $2638 - $3207 Secretary to the Mayor $2336 - $2839 Executive Assistant II $2453 - $2981 Executive Secretary $2336 - $2839 Executive Assistant II $2453 - $2981 Senior Personnel Assistant $2294 - $2788 Executive Assistant II $2453 - $2981 Senior Accounting Assistant (NCMEA) $2154 - $2619 Payroll Technician $2282 - $2750 Personnel Assistant $2060 - $2504 Executive Assistant I $2163 - $2629 ADDITIONAL SALARY INCREASES Effective start of first pay period in: 4 July 1999 3% (same as were offered to MEA 4 January 2000 3% for Secretary positions) 4 July 2000 3% 4 January 2001 3.5% -3 July 2001 3% -4 January 2002 4% EXHIBIT "A" Page 2 of 2 EXPLANATION City of National City, California COUNCIL AGENDA STATE ENT 2 MEETING DATE October 5, 1999 AGENDA ITEM NO ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING THE SALARY FOR PART-TIME AND SEASONAL EMPLOYEES PREPARED BY Roger C. DeFratis DEPARTMENT Personnel Personnel or It has been six (6) years since the City of National City has increased the hourly wages of the unrepresented part-time employees. The City is now experiencing retention and recruitment problems for most part-time positions, especially Lifeguards. In order to remain competitive with neighboring cities, I am recommending a 5% increase for all listed positions, except Lifeguard and Senior Lifeguard where I am recommending 10% effective at the start of the Id pay period following affirmative resolution to this recommendation. Environmental Review X N/A Financial Statement The additional cost for Fiscal Year 1999-00 is approximately $14,250. Account No. STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD/COMMISSION RECOMMENDATION N/A TT CI4MENTS (Listed Below) 1. Compensation Plan Resolution No. 99-165 A-200 (Rey. 9/801 RESOLUTION NO. 99- 165 RESOLUTION OF 1'HE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 1111; WAGE INCREASES FOR PART-TIME AND SEASONAL EMPLOYEES WHEREAS, it has been six (6) years since the City has increased the hourly wages of the unrepresented part-time and seasonal employees; and WHEREAS, the City is currently experiencing retention and recruitment problems for most part-time positions, especially lifeguards; and WHEREAS, in order to be more competitive with neighboring cities, Staff recommends a 5% increase for all positions listed on Exhibit A, and a 10% increase for Lifeguard and Senior Lifeguard positions effective at the start of the first pay period following the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the wage increases for part-time and seasonal employees effective at the start of the first pay period following the adoption of this resolution. PASSED and ADOPTED this 5th day of October, 1999. George Ii. Waters, Mayor Al _LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney adec Se or Assistant City Attorney Resolution 99-165 City of National City Personnel Department PART-TIME & SEASONAL POSITIONS October 19, 1999 POSITION TITLE SALARY RANGE HOURLY SALARY Aquatics Manager 57 $9.37 - $11.38 Cashier 28 $7.36 - $8.95 Equipment Service Trainee 57 $9.37 - $11.38 Lifeguard/Swim Instructor 40 $8.50 - $10.34 Office Aide 25 $7.19 - $8.75 Photo Radar Specialist — $10.50" Police Cadet 20 $6.91 - $8.40 Recreation Aide 20 $6.91 - $8.40 Recreation Leader I 36 $7.83 - $9.52 Recreation Leader II 45 $8.48 - $10.31 Recreation Leader In 57 $9.37 - $11-38 Recreation Specialist 47 $8.59 - $10.44 Senior Lifeguard 55 $9.64 - $11.72 Stock Clerk/Storekeeper 59 $9.52 - $11.58 Student Worker 20 $6.91 - $8.40 An additional $3.50/hour shalt be paid for performing supervisory duties. ASCOMPENSATON PLAN SALARY SCHEDULE (18) NCPO 09/27/990 EXHIBIT A City of National City, California COUNCIL AGENDA STATEMENT October 5, 1999 3 MEETING DATE AGENDA ITEM NO. / ITEM TITLE RESOLU'1'ION AUl'HOR1L1NU '1 Hr. UruRAur. uF"THE 'SENIOR OFFICE ASSISTANT' POSITION TO A `PURCHASING CLERK'. Brenda E. Hodges PREPARED BY Purchasing Agent DEPARTMENT EXPLANATION. See attached explanation. Purchasing Department Environmental Review )C N/A Financial Statement There are sufficient funds in the cu ent budget to support the upgrade. 628-408-000-101 ;,A`d Account No. TAFF RECOMMENDATION Approve upgrade. BOARD/COMMISSION RECOMMENDATION The Civil Service Commission has approved the attached Job Description TT CHME TS (L'isted Below) xp ana ton i g - ) Resolution No. 99-166 Civil Service Commission Meeting Notice (pg 3) Salary Survey by Personnel Director, with Job Description (pg 4-7) A-200 (Rev. 9/80) RESOLUTION NO. 99-166 RESOLUTION OF 1HL CITY COUNCIL OF 171.E CITY OF NATIONAL CITY AUTHORIZING THE UPGRADE OF THE PURCHASING DEPARTMENT'S SENIOR OFFICE ASSISTANT POSITION TO THAT OF PURCHASING CLERK WHEREAS, the current functions of the Purchasing Department's Senior Office Assistant position are less administrative and more technical due to new technology; and WHEREAS, the functions that need to be performed in this position are beyond the scope of the Senior Office Assistant position; and WHEREAS, the Purchasing Agent desires to upgrade the Senior Office Assistant position to that of Purchasing Clerk; and WHEREAS, the Civil Service Commission approved the job description on September 16, 1999; and WHEREAS, the Municipal Employee's Association has been notified of the request to upgrade the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the upgrade of the Purchasing Department's Senior Office Assistant position to that of Purchasing Clerk. PASSED and ADOPTED this 5th day of October, 1999. Al _LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: dolf Hradecky Senior Assistant City Attorne George H. Waters, Mayor EXPLANATION: The Senior Office Assistant (SOA) position in the Purchasing Department is currently vacant, and it is recommended that the position be upgraded to a `Purchasing Clerk' prior to recruitment. The scope of the lob has change for the following reasons: 1. There are less administrative functions now, due to new technology introduced by the City. The new phone system with Voice Mail reduces the need for someone to take messages. Re - engineering our internal procedures has eliminated the need to track, calculate and process partial payment requests. The new Eden software system reduces the need to type Purchase Orders. These things in addition to newer technology in copiers, fax machines, and computers, have reduced the administrative workload for this position. 2. There are more technical functions now. The part-time Buyer position was eliminated in 1994, due to the budget crisis. The SOA at the time, eventually assumed many of the Buyer's duties. 3. The new Eden system has created a shift in workload. The SOA ended up with less administrative duties, while the Purchasing Agent ended up with more, due to on-line approvals, authority levels, change orders, and the year-end process. More administrative functions here, create the need to delegate other responsibilities to the SOA. Background: Since the previous SOA had assumed some of the Buyer's duties, I was on the verge of reclassifying her. She was performing duties above and beyond the scope of the SOA position. Before I could pursue the reclassification, she found a job elsewhere for more money. I planned to leave the SOA position in place to perform clerical duties, and to replace the part- time Buyer to perform technical duties. As such, recruitment was completed for the SOA, and the position was filled. A Program Change was submitted with the FY99/00 budget, to refill the part-time Buyer position. That request was denied. This resulted in the same situation as before, where I'd have to continue relying on the SOA to do part of the Buyer's job. I would have to knowingly work her out of class, or eventually reclassify the position. Unfortunately, I had to release the newly hired SOA from probation after 3 months of service. Recommendation: The position is currently vacant. Rather than attempt to refill the SOA position with the knowledge that I would have to work them out of class, and eventually pursue a reclassification, this is the perfect opportunity to upgrade the position to a Purchasing Clerk. Recruitment can then proceed for an appropriately qualified candidate. The Civil Service Commission approved the job description on September 16, 1999. The Municipal Employee's Association has been notified of the request to upgrade the position. The Personnel Director has completed the Salary Survey. The salary recommendation is $2280/month, which results in an increase of approximately $2400 per year. The current salary budget is sufficient to cover the increase. City of National City Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE TO FROM SUBJECT September 10, 1999 Brenda Hodges, Purchasing Agent Roger C. DeFratis, Perso ector CIVIL SERVICE COMMISSION MEETING The following item will be on the agenda of the next meeting of the Civil Service Commission: 6. NEW BUSINESS C. Establish New Classification of Purchasing Clerk The Commission meeting will be held: 5:30 p.m. Thursday, September 16, 1999 Large Conference Room, Second Floor, Civic Center It may be helpful to the Commission in its consideration of this matter that you or your representative be present. Enclosed is a copy of the agenda and the information that is being submitted to the Civil Service Commission. Please call me if you have any questions. RCD:vr Enclosure ® Recycled Paper City of National City y `' Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE September 7, 1999 TO Brenda Hodges, Purchasing Agent FROM Roger C. DeFratis, PersonyJel Dire SUBJECT PURCHASING CLERK CLASSIFICATION 'To. 4 In regards to the proposed re-classification of Senior Office Assistant to Purchasing Clerk, our office conducted a class and salary survey of San Diego County municipal agencies for comparable positions and salaries. The findings of the survey: Five cities reported positions performing similar duties to our proposed class. Agency Comparable Title Salary City of San Diego Buyer's Aide II $2532-$3051/mo. City of Oceanside Purchasing Technician $2142-$2673/mo. City of El Cajon Buyer $2491-$3035/mo. City of Santee Purchasing Technician $2717-$3303/mo. City of Escondido Inventory Control/Purchasing $2393-$2908/mo. Aide The average salary at top step is $2994/mo. for position performing somewhat higher duties to the proposed job class. We also surveyed their positions comparable to our Senior Office Assistant job class and the average monthly salary was $2197. The differential between these two classes was approximately 36% and that same differential applied to our Senior Office Assistant ($2039/mo.) would result in a salary for Purchasing Clerk of $2693/mo. However, a recommendation for that salary level would cause major disparity in internal relationships with other City classes recognized to be performing higher level of duties. Internally, I consider the work of Accounting Assistant in Finance ($2280/mo.) most similar to the duties proposed for Purchasing Clerk which is an increase of approximately 12% and would recommend placement at this level. ® Recycled Paper An area of concern is that many of the cities not reporting a comparable class have the duties that are to be performed by our Purchasing Clerk assigned to other classes as an additional duty. They have decentralized the purchasing function to the individual departments except for only the most major purchases. The classes in those other cities to which these duties have been assigned vary from secretary to general clerk to finance personnel. Reclassification and salary setting may be considered a meet and consult issue with the MEA, so please let me know if and when you intend to proceed with this proposal. RCD:vr AAMSWORD-PRCHC[K.DOC PURCHASING CLERK City of National City LA a PIE@OPO©Ggti'OOO IE Approved: EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. Receives requisitions, checking for completeness and accuracy of data; investigates inadequate requisitions; confers with City personnel regarding supply and equipment needs, modification or clarification of specifications and delivery requirements; verifies funding source and availability of funds; investigates sources of supply and secures prices for items from catalogs and/or vendors; establishes and maintains bidder lists and vendor files; assists in preparing and analyzing bids; types, assembles, distributes and receives bids; posts bid figures to spreadsheets; meets with sales people to discuss products and places approved orders; monitors agreements/commitments with vendors to ensure compliance with delivery dates and terms of purchase; checks invoices against Purchase Orders; investigates complaints and reconciles discrepancies. Maintains and dispenses departmental supplies. Orders and maintains catalogs. Recommends new and revised procedures. Assists in the warehouse, pulling orders and doing paperwork, as needed when stock clerk is gone. Performs pricing, product or historical research. Works closely with other City employees to ensure compliance with policies and procedures. Types correspondence, forms, reports, requisitions and other related material from rough draft, marginal notes, machine recording or oral instructions; collects information for the public or department use; compiles, tabulates and checks statistical data; maintains files, cards, mailing lists and other records; produces letters using standard formats; screens visitors and telephone calls by furnishing routine information requested or by referring to appropriate source; receives, operates computer equipment to store, analyze and retrieve information and to prepare correspondence and reports; performs basic fiscal record keeping in the maintenance of financial and cost records; maintains time and payroll records; operates standard office equipment and operates telephone console; files all purchasing related paperwork; opens and distributes mail; answers telephone and greets visitors; and performs other related work as required. MINIMUM QUALIFICATIONS Training & Experience - Graduation from high school, including or supplemented by courses in office practices and typing; and two (2) years of clerical experience in a Purchasing environment, processing requisitions, purchase orders, and invoices. Knowledge and Skills in - basic purchasing procedures in terminology; basic financial record keeping procedures; modem office practices, procedures and methods; record keeping records; organizational skills; business mathematics; correct English usage, spelling, grammar and punctuation; efficient use of Windows '95 and Microsoft Office '97 software. Strong organizational, computer and mathematical skills are required. Knowledge of Lotus 123 and Leading Edge software is desirable. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE OCTOBER 5, 1999 4 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICES FOR INSTALLATION OF (2) GROUNDWATER MONITORING WELLS ALONG TOLAS CT. AND SALOT AVENUE. PREPARED BY JAMES SLADE DEPARTMENT ENGINEERING EXPLANATION Restructure petroleum marketing services, the owner of the property formerly known as E-Z serve station located at 3530 East 8th Street, is seeking an encroachment agreement to install (2) ground water monitoring wells within the public right-of-way on Tolas Court and Salot Avenue respectively, in order to monitor the presence of separate phase hydrocarbons (sph)and elevated concentrations of dissolved total petroleum hydrocarbons (TPH) in the down gradient wells, hydrocarbon impacted soil and groundwater at the site and surrounding area as required by the County of San Diego Department of Environmental Health, Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of 2° diameter schedule 40 P.V.C. pipe in screened cement casing, by approximately 20 feet deep, completed with flush mounted boxes at the surface (See attachments). A faithful performance bond in the amount of $4,000.00 has been posted with the City of National City as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restripping and any required well head adjustment. STAFF RECOMMENDATIOI Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 99-167 1. Encroachment Agreement 4. Resolution 2 Plat Map 3 Proposed Monitoring Well Drawing A -zoo (9iso) RESOLUTION NO. 99- 167 RESOLUTION OF THE CITY COUNCIL OF I'HN; CITY OF NATIONAL CITY APPROVING AND AUTHORIZING AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND RESTRUCTURE PETROLEUM MARKETING SERVICES FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS ALONG TOLAS COURT AND SALOT AVENUE WHEREAS, on October 5, 1999 the matter of an encroachment permit was presented to the City Council by the applicant Restructure Petroleum Marketing Services for the installation of two groundwater monitoring wells within the public right-of-way on Tolas Court and Salot Avenue; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City agreeing to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement," executed by Restructure Petroleum Marketing Services and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of October, 1999. George H. Waters, Mayor At LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Atto dolf Hr. . ec Senior Assistant City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure within a CITY easement or right-of-way for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on Salot and Tolas Street, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of- way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well on Salot and Tolas Street prior to installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER, or assign shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on Salot and Tolas Street and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of-way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, successor in interest, or assign shall notify the CITY in writting at least 48 hours prior to any intended monitoring and sampling of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extend of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES": SEE EXHIBIT "B" ATTACHED Dated: '2/l/ Vi? JieeJ Lo Person in Rponsible Charge (print n e) (kr) o 7,-ss7/ 24 hr. Phone Number Res4rveTvrc PLTreleor, M•,i.ek LI:5./71.c Firm Name J OWNER\APPLI ta� ce i,..1 L. o n Printed Name & eSTry PLM►te✓r. tioloat i SO*Y 2rc. 2oS S. N®v.►e i- ' . Sk a of aa..__. P- MailiqqNg'Address -' (1) C3v-fit/ Phone Number P.S. Attach notary certification for the name shown above. SA:jha2 encho -Wee STATE OF Fc7Y�a�o• COUNTY OF .t(.s( oroa ALL PURPOSE ACKNOWLEDGEMENT } } SS. On Jab 11 19i9 before me, James personally appeared Anlr_._. $. Ltiv • y►t v rs U r. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name't } is4are- subscribed to the within instrument and acknowledged to me that heEche{they executed the same in his Iverfthetr authorized capacity4ies), and that by his tkerJihei* signature on the instrument the tioNasettralerehe entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. Signature err«+ 2—' 4Nr4tn4.o % a+M`a. James R Thomasson Jr V*MY Commission CC705909 e4,rnf Expires January 1, 2002 (This area for official notarial seal) 4/94 Ree.Ferm 8111 PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED OWNER\APPLICANT Dated: X, 0/4il9.i t-k i / ,34146 Person in Responsible Charge (print name) I - SOO-331- (D 83a 24 hr. Phone Number Cleartiker aRcuP, DV. Firm Name ..4 /14 ,; Printed Name & Signature 5 a.c Su. vie 1,01 awhdcuanrt, c a4 o-1- Mailing Address 5l0) 89 3-51420 Phone Number P.S. Attach notary certification for the name shown above. California All Purpose Acknowledgement Notary only. SA:jha2 encho Use ALL PURPOSE ACKNOWLEDGEMENT } STATE OF CALIFORNI } SS. COUNTY OF c-DA ' } On t-CB A I L t"I 1 before me, gFF S personally appeared ° - c r DI g•A (. ONLY pzonauu'mown tome (or proved to me on the basis of satisfactory evidence) to be the person(is-whose names/aie—subscribed to the within instrument and acknowledged to me that (/she/t xecuted the same in s/her/th W'authorized capacitys), and that by .bisfher/theirsignature) o_n the instrument the personC or the entity upon behalf of which the person% acted, executed the instrument. WITNESS my hand and official seal. Signatu SONJA PAGE COMM :t)083738 0 NOTARY PUBLICOALIFORNIA U; COUNTY Of ALAMEDA - 5� My Comae. Expires Jan. 21, 2O (This area for official notarial seal) 4/94 Mc.Ferm 1R99 'SII- 0. PSD-9-& SOLAT AVE MW-4 tl 64 oe` 3.s oc G4, 7 1 MW-3 PSII-10 9 MW-5 PARKING LOT MW-2 B MN'-7 M W-1 PLAZA BLVD MW-6 Pomlcr Underground Storage Tanks PARKING LOT PSD-12 _4_ a PARKING LOT PSD-11 Two Story Shopping/Office Complex EXPLANATION MW-7 PSD-3 so AI'IHUYIMAIES AtEINSFEr PROPOSED SOIL BORING LOCATION PLAN Former E-Z Serve Station #100802 3530 E. Eighth St. National City, California ao CLEARWATER GROUP, INC. Project No. EZ100802 Report Date 3/98 Figure 3 Ilelallug Monitoring Will Proposed Soil During/ Monitoring Well Location Groundwater Plow Direction Dimensions Adapted From SECOR5/95 Site Assessment Report d3?0 •v, ao -P AZA HOULEVARG r-1 LfX-3 I 11 i i6 v MW-a 33.34 1 1l 1 "hl'! 0419) t II t d33S I l 11 L_JL_11_ {_! ! / • PARKING LOT FORMER UNOERG;:OUNO STGRAC-E MKS - LEGENO GROUNOWAIE.° MONITORING •i L (1NSTA11 cT) APRIL 1993) 5}0-- GaOUNOWAT R MONITORING war (INSTALLED JANUARY 12 ) GROUNOWATER ELEVATION (.s MEASURED IN 4/97) (8419) PA TONG LOT MW-7 sr(7s.32) GROUNDWATER. c ,Arz:t CONTOUR GROUNDWATER FLOW DIRECTION aefATICN NOT USED TO CALCULATE GRCUNOWATE,° GaAOtENT CONTOUR 0 30 60 Separate Phase Hydrocarbon Contour Map From: Former E-Z Serve Station #100802 3530 8th St., National City, California CLEARWATER.GROU-P, INC. Project No. EZ100S02 Figure 5 Fiore taken from 'ECOR 4/97 Quarterly Monitoring • R^ori 10 20 30 40 50 70 PROPOSED MONITORING WELL CONSTRUCTION (MIN-8 THROUGH MW-12) ' Flush Mounted Christy Box lT Cement/Bentonitd Jf/ffit--- Slurry •/JJ/e/ Ground Surface • 777777 „ el,♦ !fee • !///el f/,f/, ,Jette f l,f/ ee• ',, /feel, f eet,/ fJ,f/e ife„ le/eel /e/eef ',ewe eeeeee ,fete, felt,, J,/,', flee,/ ////e l/le/ f , /reef /f/fif ',fete ',owe e etJ' eeeee, fete • •— Bentonite Seal #2/12 Filter Pack 59' bgs (6/97, MW-5) Proposed Well Construction Former E-Z Serve Service Station #100802 3530 E. 8th" St.' National City, California CLEARWATER GROUP, ENTC. Project No. 100802 ,r:Fib re=Date`-- 3/98 --Fibre MEETING DATE October 5, 1999 City of National City, California COUNCIL AGENDA STATEMENT 5 AGENDA ITEM NO. /ITEM TITLE RESOLUTION DENYING COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT APPLICATIONS FOR THE CONTINUED USE OF AN AUTOMOBILE AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE HARBOR DISTRICT SPECIFIC PLAN AREA AT THE NORTHWEST CORNER OF 32ND STREET AND THE PROPOSED HARRISON AVENUE EXTENSION (APPLICANT: PORT OF SAN DIEGO) (CASE FILE NOS. CDP-1999-2, CUP-1999-3) PREPARED BY Cain - Assistant Planner DEPARTMENT Planning EXPLANATION The Council voted to deny this item without prejudice at the September 28, 1999 public hearing. The attached resolution is necessary to follow-through on the action. 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. 99-168 A-200 (9/80) RESOLUTION NO.99-168 RESOLUTION OF 1HE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING IRE COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR THE CONTINUED USE OF AN AUTOMOBILE AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE HARBOR DISTRICT SPECIFIC PLAN AREA AT THE NORTHWEST CORNER OF 32an STREET AND THE PROPOSED HARRISON AVENUE EXTENSION APPLICANT: PORT OF SAN DIEGO CASE FILE NOS. CDP-1999-2 AND CUP-1999-3 WHEREAS, Coastal Development Permit application CDP-1999-2 and Conditional Use Permit application CUP-1999-3 were considered by the City Council of the City of National City at a public hearing held on September 28, 1999, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File Nos. CDP-1999-2 and CUP-1999-3, which are 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 that the testimony and evidence presented to the City Council at the public hearing held on September 28, 1999, fail to support findings, required by the National City Local Coastal Program for granting the Coastal Development Permit, that the proposed use is in conformity with and implements the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act Sections 30210- 30214, 30220-30224, and 30252; and they also fail to support findings, required by the National City Local Coastal Program for granting the Coastal Development Permit, that the granting of the Coastal Development Permit is consistent with all other plans and ordinances of the City. BE IT FURTHER RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on September 28, 1999, fail to support findings, required by the National City Municipal Code for granting any Conditional Use Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE TT FURTHER RESOLVED by the City Council of the City of National City that the testimony and evidence presented to City Council at the public hearing held on September 28, 1999, support the following findings: 1. That granting of the Coastal Development Permit is not in conformity with the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-30224, and 30252 because further development of this type will result in the National City Marina Project being delayed or not developed_ Resolution No. 99- 168 Page Two That granting of the Coastal Development Permit is not consistent with all other plans and ordinances of the City because areas within the west side of National City are over -developed with storage of cars, having little economic benefit to the City and precluding other development which is of greater economic benefit. That the proposed use will have an adverse effect upon adjacent or abutting properties, since further development of this type will eventually result in the National City Marina Project being delayed or not developed. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since areas within the west side of National City are over -developed with storage of cars, having little economic benefit, and precluding other development which is of greater economic benefit. BE IT FURTHER RESOLVED that the City Council hereby denies Coastal Development Permit Application No. CDP-1999-2 and Conditional Use Permit application No. CUP- 1999-3. 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 provisions of Code of Civil Procedure Section 1094.6 govern the time within which judicial review of this decision may be sought. PASSED and ADOPTED this 5th day of October, 1999. A11EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, IlI City Attorney By: u olf ec Senior Assistant City Attorney George H Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 10/05/99 6 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #13 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION - Ratification of Warrant Register #13 per government section code 37208. Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION I recommend rat&fi tion of these warrants for a total of $955,219.91 BOARD / COMMISSIO RECOMMENDATION TT CHMENTS (Listed Below) 1. Warrant Register #13 2. Workers' Comp Warrant Register dated 09/22/99 Resolution No. A-200 (Rev. 9/80) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 5, 1999 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 VEBICTRS; AMENDING TITLE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE, MORALS AND SAFETY; AND TITLE 11, CHAPTER 11.32 REGARDING VEHICLES AND TRAFFIC PREPAREY DEPARTMENT Rudolf Hradecky, Esq. i�i City Attorney pk EXPLANATION 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. Resolution No. A-200 (9/80) ADDENDUM TO STAFF REPORT AN ORDINANCE AMENDING THE NCMC BY AMENDING 11'1LE 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 TITLE 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 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. ___ ndbill diatrihutorn shall_not Qnter anon tope thutia edagain solioiorgr paddlers a_n_d_s.h_alLleaxe.Qther_prQp i promptiY unon_ th�_ro uest Qf1he Q et aienf_or occupant Qfthat.nroij ... 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 Attactutent A 10.22.025 Sale_Qrdistribution 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 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. 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 ad-vertisil —regulated. It is unlawful for an itinerant -vendor -or -any person conducting business bys.ommrsial door to doorplipitation 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 1O.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. invitation-of4he-property-owner-er-tenant-in-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 . n infractiQn.for.. a first.offense__ with_ajine_ noUo exceed._ $1.50 . 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 imprisonments_ of-a_s and or subsequent pffense. 1999 Ordinance 9 Titles 6, 7, 10 and 11 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF IHE 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 IlILE 7, CHAPTERS 7.20 AND 7.28 REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE; AMENDING IlILE 9, CHAPTER 9.06 REGARDING FOOD VENDING VEHICLES; AMENDING ITILE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE, MORALS AND SAFETY; AND TITLE 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 7.28.050A 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. 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 projecting 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.22.030A shall apply without the need for compliance with the requirements of Section 10.22.030B 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.22.040(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.22.040(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 1O.22.O40B(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 1O.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 10.22.05O(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 litter. 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. 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. Al`1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: rD 4412,- George H. ter, 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 5, 1999 AGENDA ITEM NO. 8 (-ITEM TITLE AN ORDINANCE AMENDING THE NCMC BY AMENDING 111'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 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. X N/A Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A 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 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 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 sewage. B. "Sewage" is " n or fccal mattcr. any type of water discharge containing organic or feral 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 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 Attachment A ORDINANCE NO. 99- AN ORDINANCE OF 1'HE 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 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 tipped 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 installation of 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 SECOND READING COUNCIL AGENDA STATEMENT MEETING DATE October 5, 1999 9 AGENDA ITEM NO. 7ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES PREPARED BY EXPLANATION Rudolf Hradecky DEPARTMENT City Attorney Please see attached StaffReport. This proposed ordinance has been approved and coordinated with the Police and Planning Departments. Environmental Review x N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION Proposed Ordinance approved by Planning Commission on June 21, 1999. ATTACHMENTS ( Listed Below Staff report Proposed Ordinance Resolution No. A-200 (9/80) STAFF REPORT AN ORDINANCE OF 1'Hl: CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36,18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO THE DEFINITIONS OF PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES This proposed ordinance will amend, clarify and further tighten up definitions pertaining to adult oriented businesses in Title 15, Chapter 15.36 and Title 18, Chapter 18.69, as they may affect National City. At present, there are no adult oriented businesses operating in National City. This proposed ordinance "fine-tunes" the existing provisions of law, and adds some new definitions to cover the latest generation of adult oriented businesses that are being proposed for operation in other jurisdictions. The ordinance does the following: • Tightens up definitions on "peep shows" and clarifies structural requirements for the establishment within Chapter 15.36; • Substitutes "adult oriented businesses" for the term "adult entertainment business"; • Adds definitions and regulations covering "lingerie modeling establishments"; • Defines the term "consideration" as it may apply within the context and practice of adult oriented businesses; • Adds a requirement that the exterior windows of adult oriented businesses be opaquely covered; • Adds a constitutional severability clause to Chapter 18.69. National City's Adult Entertainment Ordinance (NCMC Chapter 18.691 The U.S. and California Constitutions generally require that at least some portion of land in a city remain available for business activities protected by the First Amendment. Federal and state courts have interpreted "free speech" to include some activities commonly described as "adult entertainment," because of the "expressive" nature of such activities. National City's adult oriented business land use regulations (NCMC Chapter 18.69) have been narrowly tailored to provide for proper regulation of such business for "important or substantial" governmental interests. Any business that proposes the display of the human body in a nude or "semi-nude" state potentially falls under these adult oriented business regulations. The regulations place certain "time, place, and manner" restrictions on such businesses, protecting the public interest in health, safety and welfare. Chief among them is the provision that any adult oriented business be located in areas that are separated from schools, churches, residential areas and parks by distances ranging from 1,000 feet to 1,500 feet. However, exempt from this distance separation would be a location within an enclosed mall, or a mall screened from view. 1 Staff Report Adult Oriented Businesses In addition to land use regulations, the Municipal Code also regulates the operations of several types of adult oriented businesses. These additional regulations are selective, and pertain only to adult cabarets, massage establishments, and escort services. Thus, the only regulation affecting other adult oriented businesses such as adult bookstores, adult motion picture theaters, and adult hotels is the land use requirement separating such businesses from sensitive uses. The City's ordinances do not currently contain a definition or regulation of lingerie modeling, or nude lingerie modeling in conjunction with retail sales of clothing. It is proposed therefore to add such definitions in advance of any entry into National City. However, to interpret the possible effects of such a business on the public health, safety, and welfare, the City may rely on its own experience with other adult oriented businesses, and on the experience of other cities with adult oriented businesses, and with lingerie modeling studios specifically. If a state of nudity or semi -nudity is involved in a proposed business, the effect on public health, safety, and welfare is easily documented. For example, over 25 years ago the U.S. Supreme Court described the harmful effects associated with nude dancing in a case called California v. La Rue (1972). Relying on the trial court's transcript, Justice William Rehnquist explained that "prostitution occurred in and around such premises, and involved some of the female dancers." Other negative effects included "indecent exposure to young girls, attempted rape, rape, and assaults on police officers." Customers of the establishment engaged in sexual acts and simulated sexual acts, and numerous other forms of contact with employees. Similarly, in Renton v. Playtime Theatres (1986), the U.S. Supreme Court determined that the City of Renton's ordinance properly targeted such "negative secondary effects," and that the effect that nude dancing establishments had in increasing various types of crime justified severe regulation of such establishments. In Barnes v. Glen Theatres (1991), the U.S. Supreme Court upheld an Indiana anti -nudity statute that was used to prohibit nude dancing. The court described numerous negative secondary effects of adult oriented businesses in its opinion, including prostitution, increased sexual assaults, and other criminal activity. Over the past 20 years, studies performed in various cities throughout the nation yielded statistical evidence that adult nude entertainment establishments increase reported incidents of prostitution, rape, commercial exploitation of sex acts, face-to-face street robberies, illegal gambling, drug use and drug dealing, neighborhood blighting, and decreased property values. According to the Court's opinion in Renton, cities are entitled to rely on the experiencesof other cities in enacting adult oriented business ordinances. The First Amendment does not require a city to conduct new studies or to produce independent evidence of secondary effects. The names (and dates) of cities which have undertaken studies on the secondary effects of adult businesses include: Garden Grove, California (1991); Whittier, California (1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980); Oklahoma City, Oklahoma (1986); and Seattle, Washington (1989). In the last five years Atlanta, Georgia conducted 2 Staff Report Adult Oriented Businesses studies which dealt specifically with "lingerie modeling studios." Similar statistical increases in crime and violent crime resulted from the establishment of such lingerie modeling businesses in Atlanta. Following the Atlanta studies, numerous cities have incorporated the term "lingerie modeling" into their existing adult oriented businesses. Among these are the cities of San Buenaventura, California; Mission Viejo, California; Costa Mesa, California; and Atlanta, Georgia. Therefore, the proposed business of "lingerie modeling" is likely to include nude modeling, and will possibly include strip teases in a one-on-one setting between employee and customer. Based on the experience of the other cities described above, and our own experiences, nude modeling, lingerie modeling, and strip tease is likely to have significant negative secondary effects on the public health, safety and welfare. The City may therefore adopt appropriate land use regulations, as proposed in the attached ordinance. It is therefore recommended that the Council approve the proposed ordinance which adds businesses described as lingerie modeling and similar other activities in conjunction with "adult oriented" activity to Title 18, and adopt the clarifications and additional restrictions proposed for peep shows in Chapter 15.36. 3 Staff Report Adult Oriented Businesses ORDINANCE NO. 99- AN ORDINANCE OF T'HE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.36 of the National City Municipal Code is amended by adding Section 15.36.005 and amending Sections 15.36.010, 15.36.020, 15.36.030, 15.36.040, 15.36.050 and 15.36.070 to read as follows: 15.36.005 Definitions. A. "Peep show establishment" means any place in which a peep show device is installed, maintained or operated. It includes an adult motion picture arcade defined in Section 18.69.020F. B. "Peep show device" means an aperture or device by or through which electronic, video, photographic, cinematic, digital, or computer generated images are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 15.36.010 Wall --partition construction. No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one hour fire resistive material. Any wall of a room, enclosure or booth which adjoins another room, enclosure or booth containing a peep show device shall be solid and uninterrupted by any hole or aperture, other than a lawfully conforming exit or other lawful means of ingress and egress. 15.36.020 Aisle --minimum width. No person shall operate a peep show establishment in which the width of the aisles in any room, enclosure or booth where a peep show device is located is less than forty-two inches. 15.36.030 Doorways —requirements. No person shall operate a peep show establishment unless there are no fewer than two doorways of a width no less than thirty-six inches which provide ingress or egress from any room, enclosure or booth in which a peep show device is located; provided, however, that one doorway shall be sufficient should the fire chief so determine, based on fire safety considerations. Doorway or doorways shall be opened and unlocked during business hours. 15.36.040 Lighted exit signs. No person shall operate a peep show establishment unless there is placed over every doorway that provides egress from any room, enclosure or booth in which a peep show device is located an internally illuminated exit sign with letters at least five inches in height. 1999 Ordinance Adult Oriented Businesses 15.36.050 Patron --view of doorway. No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit a patron to have a constantly unobstructed view of the interior of the room containing the peep show device. The interior of the room, enclosure or booth containing a peep show device shall be visible at all times. No curtain, door or opaque cover shall block the view of an operator into the interior of the room, enclosure or booth containing the peep show device. 15.36.070 Maximum occupancy load. No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room, enclosure or booth where a peep show device is located exceeds one person per thirty square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room. Section 2. That the title of Chapter 18.69 of the National City Municipal Code be amended to read as "Adult Oriented Businesses". Section 3. That Sections 18.04.113 and 18.04.501 of the National City Municipal Code be amended to read as follows: 18.04.113 Cabaret. "Cabaret" means a cafe, restaurant, bar or any other public establishment that serves food or alcoholic or non-alcoholic beverages, or both, where entertainment is regularly provided by paid or unpaid performers or musicians, or dancing is regularly allowed to the accompaniment of recorded or live music or rhythmic sound. See also Section 18.69.020H. 18.04.501 Definitions. A. "Peep show establishment" means any place in which a peep show device is operated. See also Chapter 15.36. B. "Peep show device" means an aperture through which may be viewed images that are exhibited by means of the projection or internal electronic reflection of motion picture film, or slides, or both. See also adult motion picture arcades defined in Section 18.36.020F and adult mini -motion picture theater in Section 18.69.020E. Section 4. read as follows: That Section 18.69.010 of the National City Municipal Code be amended to 18.69.010 Purpose and intent. A. It is the purpose of this Chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. B. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the City in preventing problems of blight and deterioration which accompany and are brought about by adult oriented businesses, while allowing reasonable alternative locations for those businesses. 1999 Ordinance 2 Adult Oriented Businesses C. In enacting this Chapter, the City Council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult oriented businesses, which this Chapter is intended to curtail. Section 5. That Section 18.69.020 of the National City Municipal Code be amended to read as follows: (A through E--no change). F. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer generated images depicting specified anatomical areas or specified sexual activity defined by Section 18.69.020 are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. (G—no change) H. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverage, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. (I through J--no change). K. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. (L through R - No change). S. "Establishing an adult oriented business," as used in this chapter, means and includes any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this chapter; or 3. The addition of any of the adult oriented businesses defined herein to any other existing adult oriented business; or 1999 Ordinance 3 Adult Oriented Businesses 4. The relocation of any such business. T. "Transfer of ownership or control," as used in the chapter, means and includes any of the following: 1. The sale, lease or sublease of an adult oriented business; 2. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. U. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photographic film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. Section 6. That Subsections Y, Z, and AA be added to Section 18.69.020 of the National City Municipal Code to read as follows: Y. "Sexually -oriented business" is any business in which: (1) Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or (2) Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. Z. "Consideration," as used in this Chapter 18.69, means a payment or transfer of money or other thing of value exceeding a total of one cent ($.01) to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: 1. Any donative intent of the payor, transferror or donor; 2. The time of payment or transfer; or, 3. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. AA. "Lingerie Modeling Establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either (1) wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or (2) changes from one costume into another in the presence of a patron or patrons and thereby exposesone or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial 1999 Ordinance 4 Adult Oriented Businesses retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel, and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. Section 7. That Section 18.69.030, Section 18.69.040, Section 18.69.050, Section 18.69.060, Section 18.69.070, and Section 18.69.080 of the National City Municipal Code be amended to read as follows: 18.69.030 Prohibitions. A. No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.69.060, of any of the following adult oriented businesses if such adult oriented business is or would be within one thousand five hundred feet of another adult oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city: 1. Adult bookstore 2. Adult motion picture theatre 3. Adult mini -motion picture arcade (peep shows) 4. Adult arcade 5. Adult drive-in theater 6. Adult cabaret 7. Adult motel 8. Adult theater 9. Adult model studio 10. Body painting studio 11. Massage parlor 12. Any sexually oriented business 13. Adult video games 14. Adult video cassette sales and rentals 15. Sexual encounter establishments 16. Lingerie modeling establishment B. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of the premises shall otherwise comply with the land use code and all other applicable regulations. C. Nothing in this chapter prohibits the location of adult oriented businesses within retail shopping centers in all commercial zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. D. Massage parlors, and sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. E. The location of an adult oriented businesses listed in Section 18.69.030(A) of this code (with the exception of subsection (A)(11) and (A)(15)) within any new or existing retail center shall not require a conditional use permit under Section 18.16.095 of this code. 1999 Ordinance 5 Adult Oriented Businesses 18.69.040 Measure of distance. The required minimum distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closed exterior structural wall of each such business. The distance between any adult oriented business and any public school, public parks or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult oriented business to the closest property line of the public school, public park or residential zone. 18.69.050 Development and maintenance standards. All adult oriented businesses hereafter commenced shall, in addition to compliance with the land use code, comply with these specific requirements: A. Signs. Except for theater marquee signs, changeable copy sign, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission. B. Exterior Painting. Building and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. C. Advertisements, displays of merchandise, signs, or any other exhibit depicting adult oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. D. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult oriented use is allowed. E. Upon the order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. F. All exterior windows that are visible to the public must be opaquely covered. 18.69.060 Exceptions. A. Any person having ownership or control of an adult oriented business which is within one thousand five hundred feet of another such business or within one thousand five hundred feet of any public school, public park, or within one thousand feet of any residential zone on the date this section first became effective (date: September 11, 1979) shall be permitted to transfer such principal ownership or control within a period of two years thereafter provided that the persons acquiring such ownership or control shall be required to discontinue and abate the uses transferred thereunder within a period not to exceed five years from the date of such transfer of principal ownership or control if such business continues to be within one thousand five hundred feet of any other such adult oriented business or within one thousand five hundred feet of any public school or public park or within one thousand feet of any residential zoned property in the City. B. Nothing in the section prohibits the transfer of principal ownership or control of adult oriented uses permitted under Sections 18.69.030, subsection C or 18.69.030, subsection E. C. After the effective date of adoption of Section 18.69.030(A), (date: September 11, 1979) no public school, public park or residential zoned area shall be allowed to commence within those minimum distances of separation. D. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. 1999 Ordinance 6 Adult Oriented Businesses 18.69.070 Other regulations, permits or licenses. A. Effect. chapter do not waive or modify any other provision of this code. Adult comply with all applicable provisions of law and this code. B. Reference. This list is not all-inclusive and is inserted here applicable regulations include, but are not limited to the following Chapters: Escort services Live entertainment Massage establishments Obscene matter Pornography Peep show establishments 10.74 10.73 10.76 10.34 10.62 15.36 The provisions of this oriented businesses shall for reference only; other 18.69.080 Protection of minors. Adult oriented businesses shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. Section 8. Section 18.69.100 is added to read as follows: 18.69.100 Constitutional severability. The City Council declares that the invalidity of any section or portion of this Chapter 18.69 shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions notwithstanding any later declared invalidity. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either 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 chapter. Section 9. Further amendment of Title 18 by which renumbered section numbers of other titles are to be inserted into existing sections of Title 18 may hereafter occur without first referring the renumbering to the Planning Commission, provided there is no substantive change thereby created. Section 10. That the City Council finds that the proposed code amendments are consistent with the General Plan, since the General Plan contains policies that encourage adoption and review of appropriate regulations and procedures. Amending the language to clarify the requirements for adult establishments will strengthen the code by eliminating possible ambiguity or inconsistency. It will not change established policies, regulations or practices. Section 11. That the proposed code amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will clarify the Code procedures already in practice. Furthermore, CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects of the environment. The amendment addresses regulations that affect only social aspects associated with the development that may occur. It will not generally effect the location of business, schools, parks, or homes in the city. 1999 Ordinance 7 Adult Oriented Businesses Section 12. Severability. The City Council declares that the invalidity of any section or portion of this ordinance or the 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 be severed or judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be so 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. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ,04.:� George H. Eiser, III, City Attorney 1999 Ordinance 8 Adult Oriented Businesses City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5, 1999 AGENDA ITEM NO. 10 / ITEM TITLE Use of the Community Center on October 30th and 31st by the National City Host Lions Club and Waiver of Fees PREPARED Y Burton Myers DEPARTMENT Public Works EXPLANATION The National City Host Lions Club are requesting use of the Community Center, Large Room on October 30th and 31', to host the Lions District Cabinet meeting and Halloween Party. Waiver of fees is requested. Fees: October 30th: Building $1,876.16 Custodial 254.74 Total: $2,121.90 October 315t: Building $ 820.82 Custodial 145.21 Total: $ 966.03 Grand Total: $3,087.93 Environmental Review X N/A Financial Statement Loss of $3,087.93 if waiver of fees pi roved. STAFF RECOMMENDATI r. Approve use of Community :"!'l • a • waiver of fee �►RD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Lions Club letter dated September 22, 1999 A-200 (9/80) P.O. BOX 986 - NATIONAL CITY. CA 91951 City Of National City 1243 national City Blvd. National City, Ca 91951 September 22, 1999 To Whom it May Concern: The National City Host Lions Club would like to respectfully request the use of the Community Center located at 140 E. 12th St. in National City on October 30th & 31st, 1999. We are planning to host the Lions District 4L-6 2nd District Cabinet meeting and Halloween Party. The success of the meeting last year and the feedback from fellow Lions from throughout San Diego & Imperial County have made National City a great location for such an occasion. Once again, we would like to become positive ambassadors of the City and put forth a positive image of our City. As per our rental contract with the City, we are allocated (2) dates to utilize the large meeting room. We therefore request the dates stated above as our credit, to utilize this facility In addition, we are requesting the waving of any fees or janitorial costs associated with the room rental. Attached are our applications for both dates and a certificate of Insurance as requested. Your consideration in our request will be very much appreciated. Respectfully Vincent Reynolds National City Host Lions Club President City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5, 1999 AGENDA ITEM NO. 11 ITEM TITLE TEMPORARY USE PERMIT — SEAFOOD CITY SUPERMARKET FILIPINO-MEXICAN CULTURAL SHOW PREPARED BY DEPARTMENT EXPLANATION Kathleen Trees, Acting Director Building and Safety This is a request from Seafood City Supermarket to conduct its annual Filipino -Mexican cultural show and singing contest in the parking lot at 1420 E. Plaza Blvd, from 10:00 a.m. to 10:00 p.m., on Saturday, October 30, 1999. The event is free, all food and prizes are donated, and the only sales will be conducted by non-profit organizations and service clubs as fund-raising efforts. The applicant indicated that some National City service clubs and civic groups would be involved in the event. Environmental Review X N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A-200 (9/80) c/A200-1.DOC 001-3585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Print or Type): ,ter SPONSORING ORGANIZATION(s): J&IbeP0cil7 ORGANIZATION ADDRESS: /S/?Z • J 74 iL ��jjvrutvt� t C� . pity '�""State LOCATION OF EVENT: /r%2,Vl� 6Pr1Qzxi /���jj� / DATE(S) REQUESTED FOR EVENT: FROM /' 3U — HOURS OF USE ON DAY OF EVENT: FROM / OJ . 4 7 9/ 9r6 PHONE: A/9— 5/774:20 Zip / / TO /v ' � 531 A. / P.M. TO /v. Cit) A.M. LEA. (BEGIN SETUP) DATE TIME A.M. /P.M. — (END SETUP) DATE TIME (BEGIN TEARDOWN) DATE TIME A.M. /P.M.— ( END TEARDOWN) DATE / TIME BRIEF DESCRIPTION OF EVENT: , slid F" /�//�ro — /�6-�jCAN!4 A.M./P.M. A. M✓P. M. (A brief summary of the event/may be requested. A summary of the event activity may be attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT. WHO WILL BE ON -SITE THE DAY OF THE EVENT: HOW MAY THIS PERSON BE CONTACTED? S SPECIFIC USE REQUEST: JUSTIFICATION: REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ j NOV1/- WILL FOOD/ DRINK BE SOLD: YES[ /NO( I (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a T.U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES [ j NO ( If "YES,", permit maybe required from Fire Department) WAIVER OF FEES REQUESTED: YES [ j NO [ 1 !rf "YE_S:"rrmpfrita attached sucpiementa: q:.esdennaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: SECURITY CONTROL: PARKING/BARRICADES: /4/71'� 6 fi �J EXTERIOR LIGHTING/ELECTRICAL: L7///6-74-/v"g ,r TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT: SANITARY FACILITIES: /-''" THE it b 5 �pbr �> h S k—)r PLEASE COMPLETE (Print or Type) NAME OF APPLICANT: J 6/712)D C/7- ,sei/a5IZGf/ia ADDRESS' //X 7. PLA J3LcJGl / ,/9 PHONE:4✓9-5/7 SIGNATURE OF APPLICANT: DATE: 9/7/.5/ (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: $150/ Paid PERMIT NO.: USE GROUP: A USE CLASS: A BOND: N/A PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS I COMMENTS: (See Attached) (RECEIVED DATE STAMP) BUILDING AND SAFETY DEPT. RECEIVED sEp 1 6 1999 NATIONAL CITY, CALIF. APPROVALS / STIPULATIONS (Check Where Applicable): mitlal Date PLANNING YES [ ] NO [ ] SEE STIP [ I FIRE YES [ I NO [ ] SEE STIP [ ] Initial Date PUBLIC WORKS YES [ I NO [ ] SEE STIP [ ] Initial Date FINANCE YES [ ] NO [ ] SEE STIP [ ] Initial Date POLICE YES [ ] NO [ ] SEE STIP [ ] Initial Date PARKS & REC. YES [ ] NO [ j SEE STIP [ ] Initial Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] • Initial Date CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] Initial Date RISK MANAGER YES [ j NO [ ] SEE STIP [ I Initial Date COMMUNITY DEVELOP. YES [ ] NO [ j SEE STIP [ ] Initial Date OTHER Cg• H#ixh , 1ept.YES [ I NO [ ] SEE STIP [ j Initial Date CITY COUNCIL MEETING DATE: October 5, 1999; 3:00 p.m. TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ I WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: DATE CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization J 64/C C)17 Person in charge of activity Address/2 6. l GAizio e('t , 9i (c-e) Telphone s7 7 -G ��f6 Date(s) of use AD - j r) -99 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 contractors. Official Title Date (For Office Use Only) Certificate of Insurance approved 198712 M O •I IT • ` q ae t %te \(e FOOD CITY INTERNATIONAL SUPERMARKET PIC IN SAVE OUSE OF FABRICS FROM : FMCI aimp law asmew „=1^017Y,,,.. Schell & Eggert 7901 Raytheon Rd San Diego, CA 92111 (819) 541-7177 ..,..w..,ywY.., EMaIm FORTUNE MANAGEMENT CORP ETAL 914-16 $. AJAX AVE CITY OF INDUSTRY CA 91748 PHONE NO. SEP. 15 1999 04:51P11 P2 9/1E/1999 I DUI CERTU C*TE 1$ ISSUED AS A MAT T r' H of INPQ %MATION ONLY AND COMO No !HOTS UPON THE coMPICATC HOLODR. THIS CERTIACATE E DOE NOr AMENDA WNW OR ALTER THE COYEItAQR APPORDOD by 741E PatJ l mow. .,..., .,... nwwrnw..wr,...ww.. yMMMWW+.,..• OOMPANIES WORDING COVERAGE : 6269129271 COWRY A LEMUR FIDELITY & GUARANTY INS CO "44144.T. IS ......,,,.CAL ".,COMP —w........... „w._. .....Yry Y C HARTFORD STD BOILER THIS IS TO CERTIFY THAT THE POLICIES; OF INSURANCE LISTED BELOW KAYE SEEN ISSUED TO THE INSURED NAMED ABOME FCR THE POLICY Rpm INDICATED. NOTNITHETANOING ANY IMQUIRFAIENT, TEES+! OR CONbmON OF ANY CONTRACT CR OTHER DOCUMENT WETH RESPECT TO WHO THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, NE INSURANCE AFFORDED BY THE PLIuOl1S DESCRIBED HEREIN IS SUWEOT TO ALL THE TERM$, E LCLUSIONB AND CONDmONS OF BUGH POLICIES. M CWN MAK HAVE ERN TODOCED BY PAM CLAIMS:, ram DPSLROR = MOT SUMER LIR Ai-.. w.«.iwwiw..•w.�+Y.uunuw.vwww..vnwww..*••.,.+...n..«YY'� LDOINEMPL MILEY DREOiON.9 cLAEA4was 1 1oSSUN, Omen S CQHTTIAC IRE MT. LX" ANY AUTO ALL CAM AIM ootemA.ED AUTOS j .! too moo N'SIFOWNER M1TOS lemm C BOILER & MA.CEINERY,, DFIMt M= OP OPARAflpNWLO Al TTfMB RE: FILIPINO CULTURAL FESTIVAL OCTOBER 30, 1999 LOCATION: SEAFOOD CITY, NATIONAL CITY CA a . For Non Pa ra,e Da Notice** CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91930 DAB0600099 1 POMP �jp��WeARDN 1 uYnS . DAIS moon jjS I £ • w.w. WM.. Y *M. FWYMV.•w„r......4.., ....M.M1.re..wn1W.,MMK 4 VFMMV WW' V ij• •iOEIE LZoi LATE 5 LU6Ul 1 NAiioucTsATiAEO. l; 2, + 0 000 r6/03/99.106/03/001 PERT 6" J,, lro ! A •Z e �EACN tlC(AJAfil10E i 1, 000, 000 t s 300,000 - 1,000,000 N AE hM AGg u4q pt# IMO Ao E7E�.... (.. a� PgthlNtL yyyM,�,Y�..l... wl. Wrvinw.v. .MUMMW,.ury.Mllryy,NNYY�M p EWGt�f OMIT 6 /03 /9 9 1 0 6/ 03 / 0 0' BC41LY IN,IaFN Vet Poiel4 grasicATMAr I PROW( OMUA# 1 GACfIaceuFrOOS vw.•.w..rnwmwn...�i,,.Ar�vmr+il.••..+.,:w.e,.. ` ....n...n,.... ��'�.."'� n� A4wid P.i MUM! UNITS_ MOMS, .2/01/98 112/01/99 iwrin E nova -',way um 1a ].. 000, 000 .t 6/07/99 ( 06f 03/ 00i EQUIPMENT 1 BTJS . INC. g 2,900,000 1,920,000 BHOULR IWY OF THE ABOVE DESCRIBED POUom DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MINE COMPANY WILL ENDEAVOR Ta MAIL .._'. 0. DAYS W#TrEN NOAQE TO NE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE ((HALL IMPOSE NO CELIG TTCN OR LIABILITY OF ANY HIND UPON THE COMPANY, 11t3 A4 NTs CR RE PREBE:NTATIVES. RPNREIIAIT'AYER CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: Seafood City Supermarket LOCATION OF EVENT: 1420 E. Plaza Blvd. DATE OF EVENT: October 30,1999 TIME: 10:00 a.m. to 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [x ] POLICE YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] (SAN DIEGO COUNTY HEALTH DEPARTMENT HAS BEEN NOTIFIED) SPECIFIC STIPULATIONS/COMMENTS: FIRE 336-4550 1. Fire Department access to be maintained at all times. 2. Access to Fire Protection equipment must be maintained at all times, fifteen (15) feet minimum. (Fire Hydrants, Fire System connection, etc.,). FINANCE 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each separate vendor must have a separate business license. 3. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Finance Department prior to the event for verification of business license numbers. Call 336-4341 HEALTH DEPT. 1. All food vendors (non-profit included) are required to submit an application for a special event food booth. (Tents and enclosed booths are required) Call 338-2222. GA200-1.DOC