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2001 01-09 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, JANUARY 9, 2001 - 6:00 P.M. 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 CITY MANAGER, TOM MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF DECEMBER 5, 2000 AND DECEMBER 12, 2000. COUNCIL AGENDA 01/09/01 Page 2 MAYOR'S PRESENTATIONS Point Loma Credit Union Glen Abbey Memorial Park & Mortuary California Petroleum Products Distribution - Newport Petroleum 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. 2001-1 Resolution of the City Council of the City of National City approving the application and assurances for grant funds under the Coastal Conservancy Enhancement Program for Paradise Creek Educational Park. (Parks & Recreation) 2. Resolution No. 2001-2 Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the City of San Diego for funding of the federally mandated Storm Water Monitoring Program (2000-2001) (Engineering/Public Works) **Refer to Item #16** 3. Resolution No. 2001-3 Resolution of the City Council of the City of National City extending the term of the Agreement with Claims Management Services. (Risk Management) COUNCIL AGENDA 01/09/01 Page 3 CONSENT CALENDAR (Cont.) 4. WARRANT REGISTER #24 (Finance) Ratification of Demands in the amount of $169,743.46 5. WARRANT REGISTER #25 (Finance) Ratification of Demands in the amount of $1,107,001.28 6. WARRANT REGISTER #26 (Finance) Ratification of Demands in the amount of $247,406.77 7. WARRANT REGISTER #27 (Finance) Ratification of Demands in the amount of $872,948.53 8. Claim for Damages: Darla June Leroux (City Clerk) 9. Claim for Damages: Alejandra Garcia (City Clerk) NON CONSENT RESOLUTION 10. Resolution No. 2001-4 Resolution of the City Council of the City of National City establishing the salary of the City Clerk and the City Treasurer. (City Attorney) COUNCIL AGENDA 01/09/01 Page 4 ORDINANCE FOR INTRODUCTION 11. An Ordinance of the City Council of the City of National City amending Title 4 of the National City Municipal Code by amending Chapter 4.32 relating to Transient Occupancy Tax. (Finance) ORDINANCES FOR ADOPTION 12. An Ordinance of the City Council of the City of National City establishing the salaries of the Mayor, the City Council, and the Chairman and Members of the Community Development Commission. (City Attorney) 13. An Ordinance of the City Council of the City of National City amending Chapter 13.12 of the National City Municipal Code, pertaining to Encroachment Permits for installation, maintenance and removal of facilities in streets, rights -of -way and other public property. (City Attorney) OLD BUSINESS 14. Request for direction from City Council regarding the draft lease agreement between Caltrans and the City of National City for the property located at the northwest corner of the Palm Avenue and Division Street Intersection. "The Bridge Proposal" (Public Works/Engineering) 15. Continued consideration of the proposed annexation of Lincoln Acres. (Planning) NEW BUSINESS 16. Status of the new Municipal Storm Water Permit in San Diego, Tentative Order No. 2001-01 and potential cost impact for the implementation of permit requirements. (Public Works/Engineering) **Refer to Item #2** COUNCIL AGENDA 01/09/01 Page 5 NEW BUSINESS (Cont.) 17. Adjustments to command staff span of control. (Police) 18. Notice of Decision - Approval of a Conditional Use Permit to allow a boardinghouse at 1009 E. 8`h Street. (Applicant: Monn Delrosario) (Case File Nos.: CUP-2000-21) (Planning) -* CITY MANAGER -* CITY ATTORNEY -> OTHER STAFF - 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. COUNCIL AGENDA 01/09/01 Page 6 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - January 16, 2001 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Dec 15 00 ❑S:17a Newport Petroleum (5621 427-2664 p.1 To: COMPANY: FROM: RE: neWPORT PeTROLeum Alvox A/14/4;74/ al,41 DATE: 2.-- l5''_ePC FAX: 6l r 3,3c PHONE: PAGES: ci inducing cover Should you have trouble receiving this Transmission, please call. 2650 Guidry Avenue Signal Hill, CA 90806 (562) 427-5660 Fax (562) 427-3401 Dec 15 00 09:17a Newport Petroleum (562) 427-2664 p.2 California Petroleum Products Distribution Petroleum products, for the most part are distributed in the basic distribution scheme of manufacturers, transporters, wholesalers, discounters and retailers all playing their classic roles. Several aspects unique to petroleum industry add both efficiencies and limitations by the very nature of the products themselves. The following discussion attempts to identify the parties, methods, and issues involved in the process. Manufacturing In the petroleum industry, refiners perform the manufacturing function. On the U.S. West Coast, there are three major refining centers, and two lesser ones. The major refining centers are the Puget Sound area, San Francisco Bay Area, and the Los Angeles region. Lesser refining centers include Vancouver, British Colombia, and Kern County in California. Alaska and Hawaii are usually supplied by refineries in their own areas due to the remoteness of their location, and are not a consideration in this discussion. Refiners receive raw materials, i.e. crude oil, which is processed into finished products, primarily gasoline, jet fuel, and diesel fuel. For the most part, the California refineries process Alaskan North Slope crude oil, and indigenous California crude oil. To a lesser degree, some crude oils from Mexico, Ecuador, and the Mid East are also refined. Puget Sound refiners rely on Alaskan, Canadian, and some foreign crude. For the purposes of this discussion, we will consider that there are only three products, gasoline, jet fuel and diesel fuel that make up the entire output of a given refinery, and that all products are fungible. That is to say that gasoline by one refiner is basically the same as the gasoline from another. In reality, this is the case, as all motor transportation fuels, including jet fuel, are produced to a rigid set of specifications, differing only in relatively minor ways to allow advertising and branding to create some manner of differentiation. As such refiners may distribute their products nearby or export them to other countries with little or no modification. This aspect of petroleum distribution held especially true until about 10 years ago when California led the nation in passing regulations requiring gasoline to be reformulated to burn in a cleaner manner. Since that time, and until recently, California alone held standards for gasoline and diesel fuel which surpassed those anywhere in the world. As these standards were introduced, wholesale physical changes to refineries were required to enable refiners to make the new fuels. Investment in the billions of dollars were required. In almost every case, the only economic justification was the ability to continue operations. This effectively eliminated a number of smaller, independent refiners from the landscape. In the five years prior to the rule changes, and in the ten years since, 15 refineries have been shut down and dismantled. The West Coast now lacks sufficient refining capacity to supply its own needs. This is the primary and underlying reason California transportation fuels are priced higher than transportation fuels in other areas of the United States. Dec 15 DC OS:17a Newport Petroleum (5621 427-2664 p.3 in times of high demand, usually in the 2ie and 3`d quarters of each year, the West Coast relied on specialized refiners in the U.S. Gulf Coast, Northwest Europe, and Asia to supplement it's shortfall. This tended to dampen and place a market cap on seasonal price increases in California. During the last ten years however, other regions and countries have gradually followed California's lead in requiring reformulated fuels. Many of the changes were implemented this year. As a result, the ability of manufacturers in other markets to re -direct supplies to California, became severely limited. This has caused the prolonged higher prices we have seen. We would not expect this to significantly change. In very broad terms the California marketplace demand still exceeds the ability of California refiners. Within California itself the Southern California marketplace is short of capacity, while the San Francisco refining complex has more capacity than requirements. Many of the excess product volumes produced in Northern California are shipped via tanker vessels to Southern California but these a'uss volumes are not nearly sufficient to meet all of Southern California's needs. Consequently, cargoes of transportation fuels are regularly shipped by tanker vessel to the Ports of Los Angeles and Long Beach from Puget Sound and offshore sources as far away as Eastern Canada and Northern Europe. Transportation Petroleum products are basically fungible. This means that they can be moved in large parcels, stored in commingled storage and can be moved by many modes of transport. Until proprietary additives are injected at the time trucks are loaded for final delivery to a branded station; products from several companies can be transported together or stored together in the same tank. Petroleum can be transported by pipeline, tank vessel, railcar, or truck. Of these modes, pipeline is by far the most efficient, waterborne methods are a close second, followed by railcars, and trucks. West Coast pipeline systems are sparse compared with pipeline systems in other parts of the United States. There are no pipelines connecting California with other refining regions of the United States, and Northern California systems are not effectively linked with Southern California systems. There are two pipeline distribution systems in California, one in the Northern California and one in Southern California. The Northern California system collects refined products at Concord California from refineries in the San Francisco Bay area and distributes these products on three pipelines. One pipeline runs Northeast from Concord and services Sacramento, Chico and Reno Nevada. The second pipeline runs Southeast from Concord to Stockton, Fresno, and Bakersfield. The third pipeline runs Southwest from Concord to Richmond, Oakland, San Francisco and San Jose. Pipeline systems in Southern California run from LA to Las Vegas on one line, LA to Phoenix on a second line, and LA to San Diego on the third. Pipelines in the Northwest connect Puget Sound with Portland, Oregon and to Eugene at the most southern point. In Dec 15 00 09:18a Newport Petroleum t562r 427-2664 p.4 essence the Southern California system includes Los Angeles, Santa Barbara, the Central California Coast, Las Vegas, San Diego, and to a certain extent, Phoenix Arizona. Almost every refiner is connected to a pipeline system of some sort. At various points on each pipeline are collections of storage tanks, called terminals, which warehouse the various products, segregate them by category, and load them into trucks, railcars or barges for further distribution. Most refiners are also sited where they can also load directly into trucks, waterborne vessels, or railcars as well. Pipelines are both privately owned or owned by a consortium of refiners. Almost all are common carriers, which require that they transport product for any bona fide shipper, based upon certain state - approved rules and policies establishing priority on available space. Terminals can also be privately owned, while some are effectively public warehouses. Pipelines are very efficient. They take relatively few people to operate, do not require large amounts of energy to transport goods, and they move very large volumes over short periods of time. Pipelines are limited in their capacity by the diameter of the line, the size of the pumps pushing product, and the pressure at which the line operates. For a given operating pressure, there will be a maximum volume limit the pipeline can move based on its diameter and pumping capacity. When the line reaches this point, and no more can be transported, shippers wishing to move product find other alternatives, or move lesser volumes. This condition is called pm -ration. This means that shippers will only be allowed to move a portion of the volume they desire, and their shipments will be pro -rated. Other transportation methods can be employed, but usually will be more costly. As a result, pricing in the outlying market areas will increase to the point where alternative transportation methods become economic, at which point the outlying market becomes satiated, and price increases slow or stop. Movement of product between West Coast refining centers is limited mostly to waterborne methods, either barges or ships. Railcars are slower and more expensive, plus many terminals do not have the ability to receive rail shipments or unload tank cars. Trucks are used mostly for distribution from the terminal to retail operations, and seldom to transport distances in excess of 50 miles unless access to a particular market is restricted, or markets are displaced to the extent the higher trucking costs are covered by pricing differences. As mentioned previously, the Los Angeles area is a refining center, and serves as the origin point for several pipelines servicing outlying markets. It was also pointed out that the Southern California demand exceeds the capacity of both local and statewide refining capacity, with the shortfall being supplied from areas beyond California's borders, and mostly by waterborne methods. When ships or barges arrive in the Port of LA or Long Beach, products are delivered into stand-alone terminals, which then pump volumes of product into pipelines serving among others, San Diego. Wholesale Distribution As in many industries, petroleum wholesalers play a role, not only in the physical distribution of products, but also in providing market liquidity. They function in a Dec 15 00 09:19a Newport Petroleum (5621 427-2664 p.5 warehousing role, and perform break bulk operations. Wholesalers also exist as jobbers, truckers, and traders. They usually buy in large lots and sell in the same manner, or break bulk into smaller volumes to smaller users. Wholesalers may act as competitors with their suppliers, or in a more traditional customer role. Wholesalers are critical to making markets more efficient. A wholesaler may hold a volume in San Francisco, that is needed by a refiner to cover a production shortfall. That same refiner may own a similar size volume of product in the LA area, which the wholesaler can use. In such a case, they may exchange volumes rather than transport their own requirements from one market to another. As a general rule, the more wholesalers that exist, the more competitive the market. Retail Distribution The retail distribution of petroleum products is a unique business. For the most part the products in one gas station are identical to the products in another. The price is posted in large figures for everyone to see as they drive by and your competitor across the street can see them as well. The criteria most people use to make a purchase decision rests on price, location of the station, lighting, and other differentiations such as brand or c-store operations. The best locations are located on corners of busy intersections, which are usually very desirable pieces of property, and therefore very expensive. The competitive nature of such an industry places a great deal of value on brand recognition. As in other segments of the industry, large integrated companies, as well as independent private parties hold retail distribution assets. Due to capital considerations alone, many small operators have sold properties to larger, stronger companies with national brands. Other independents have agreed to "brand" their stations with a major oil company name for which the major company agrees to renovate the station, provide advertising budgets, credit card services, merchandising, and other programs. Ili return the station owner agrees to purchase their fuel from the branding company, on a specified formula. The end result is the past trend seen in California where independent brands have become all but extinct. As more and more stations are using similar formulas, outside pressure for prices to closely follow the market, becomes nonexistent and prices are not as competitive. This becomes even more prevalent in markets with restricted access. However, recent mergers, acquisitions, and retailing changes are affecting this trend For example, Valero Refining recently purchased the Exxon refinery in Benicia, California. With the purchase came a license to use the Exxon brand. Valero is an independent refiner, with little or no retail presence in Southern California. To the extent Valero can brand Exxon, or acquire retail stations in that area, those stations will essentially function as independents, and will add a new supplier to the region. Recently, the "big box" retailers such as Costco and Wan Mart have begun offering fuel at their locations, again functioning as independent retailers. This type of growth is limited by the amount of product they can purchase from non -competing suppliers. That is, if buying from a major oil company, and marketing in competition with a branded outlet across the street, they cannot win. Having open access by more than one supplier gives them the chance. Dec 15 00 09:20a Newport Petroleum 15621 427-2664 -p.6 National City Terminal Project Overview Please refer to the discussion provided which addresses the basic distribution scheme of petroleum products on the U.S. West Coast, and Southern California in particular. That discussion sets a frame of reference for evaluating the project described below. Project Overview The proposed project contemplates using the existing petroleum tanks located on Quay St. between 24th and 28th Streets in National City and the Port of San Diego. The facility consists of three tanks, a total of 332,000 barrels (13.94 million gallons), situated on approximately 6 acres of ground It is connected to ocean berths 24-4 and 24 1n2 by two pipelines. San Diego Gas & Electric built the terminal to receive fuel oil from ships, for it's power generation plant in Chula Vista. For nearly five decades, the National City Terminal has received millions of barrels of fuel oil for power generation at the Chula Vista Plant. San Diego Gas and Electric sold the power plant and tanks to the City of San Diego in 1998 and Duke Energy North America currently operates the facilities for the City of San Diego. Newport's project proposal calls for converting the existing tanks from fuel oil service into motor fuels service. The initial phase of Newport's proposed conversion project consist of cleaning the tanks, inspection of their structure, any repairs required, testing pipelines, and making necessary connections between the tanks. In addition, we would build a truck "rack" to establish the ability to load trucks. At some point, in the near future the facility would be connected to the WesPac Pipeline, connecting the terminal to the San Diego Airport. The Westpac interface would also result in connecting the existing Kinder Morgan LA -San Diego pipeline to the National City Terminal. This connection would require very little new construction and would primarily be accomplished by the replacement of existing pipelines. The project would be completed in two phases., the first phase being the modifications required for handling jet fuel and diesel fuel, and building the truck loading rack. It is anticipated that the first phase will require some $2,000,000 in investment. The second phase will be additional modifications required to gasoline, at an additional cost of approximately $1,500,000. Phase one is expected to require less modification and permitting than phase two, and should be completed earlier. Both phases will commence simultaneously. The economic justification is based on a minimum viable volume of 100,000 barrels (4,200,000 gallons) of product per month. This is a relatively small amount. For comparison, the airport alone consumes three times this amount. At the completion of the project, transportation fuels from anywhere on the West Coast, Gulf Coast, East Coast, and foreign sources may be brought to San Diego directly without needing to be diverted through Los Angeles for later delivery to San Diego by the Kinder Morgan pipeline. Additionally, The need to endure increased truck traffic Dec 15 00 09:21a Newport Petroleum (562) 427-2664 p.7 from Los Angeles will no longer be a requirement necessitated by San Diego's projected growth. After products are received, they can be loaded into trucks for delivery to local retailers and sent through the pipeline to the airport, or other terminals in the area that may be experiencing congestion. Project Justification To Newport Petroleum, the justification is a matter of straightforward economics. Newport is engaged in the marine transportation of petroleum products. Newport also has experience in operating ocean terminals. The two activities are very compatible. We would generate revenue from hauling freight and from renting space in the terminal. We would not limit terminal customers by requiring they utilize Newport's vessels for transportation. Newport does not market petroleum products per se, but works with every producer, wholesaler, and trader on the West Coast. To be successful our company must work with all members of the distribution chain and it is essential to accommodate and promote as many customers to the facility as possible. This is in our own self interest and we feel is compatible with the best interest of National City and the residents of San Diego. Specifically to National City, our research indicates some ability to generate significant amounts of local tax revenue through the Bradley -Burns Uniform Local Sales and Use Tax Provisions of the California State Sales and Use Tax Law. This law authorizes each city in a county, which adopts an ordinance under Bradley -Burns Law to levy a state - administered city tax with the same base and rate of one percent (1%) or less which would be credited against the county tax of up to one and one quarter percent (1.25%). This law also authorizes a redevelopment agency of any city to levy a state -administered redevelopment agency tax at the rate of one percent (1%) or less to be credited against the city tax, provided the city ordinance includes a provision for the credit. We are aware that the city of Rialto, California, which has several such facilities within its limits, has levied such a tax successfully. At the minimum levels of activity foreseen in the Newport, project, a tax of 1% of the product value would generate approximately $42,000 monthly at the current rack price. In addition, the Port would receive wharfage and dockage equal to or exceeding its next best alternative use. From the perspective of area residents, the project is justified is several ways. As well evidenced by the high fuel prices in the San Diego area, the region is lacking in competitive supplies of petroleum products. To increase competition into the market, there must be more suppliers. To increase the number of suppliers, there must be more open access to the market place. To do this requires additional methods of delivery. As discussed in the paper addressing the California products distribution network, San Diego currently has only one major means of supply, the Kinder Morgan Pipeline (KMPL). KMPL is a common carrier, and will accept any party willing to transport products on their line provided there is space, and that the customer has storage space for Dec 15 00 09:22a Newport Petroleum (5621 427-2664 p.8 the product to be delivered. There are three pipeline -connected facilities in San Diego. The KMPL tank farm in Mission Valley, Arco's, and Chevron's terminals in the Port. The Chevron and Arco facilities are both proprietary terminals and are not open to the industry at large. The KMPL terminal in Mission Valley is a public facility, however, it too is full most of the time, and what space might be available, is extremely restricted. When KMPL pipeline is full, parties wishing to ship on the line must tender, or nominate, their volumes, along with a destination to KMPL schedulers. Depending on historical shipments, the volume nominated, and if space is available in the terminals, they will accept all or some pro rated volume of the shipment. If the party is a first time shipper, they would probably have to wait until an existing customer has cut back a scheduled volume, given up tankage, or in some manner made space available. The end result is that new shippers have a difficult time breaking into the market, and an even more difficult time in growing. Those that have been long term customers have an advantage that grows over time. This is not a conspiracy by any means. It speaks to the reality that as businesses have taken risks, and grown over many years, they have evolved to require greater pipeline capacity. These shippers have weathered up and down markets, but have always serviced the San Diego area. While it would be easy to suggest they have always made money, such is not the case. The nomins Ling procedures are approved by the regulating agencies, which recognize the risk and continued commitment these companies have had to the San Diego market. These rules have stood the test of time, and have protected those companies with a long-term outlook from those that might opportunistically seek to ship products into the market. As an unintended consequence, the San Diego market has become too large for the existing system, and as a result non- competitive. Please consider the fact that San Diego is the only port of significant size on the entire U.S. West Coast that cannot receive commercially marketable volumes of transportation fuels. This includes Los Angeles, Pt. Hueneme, San Francisco, Eureka, Coos Bay Oregon, Portland, Oregon, numerous Puget Sound ports, and all of Hawaii. As fewer suppliers become available, markets trend to stability, with lower highs and higher lows. Many residents undoubtedly feel that San Diego prices are extraordinarily high, and certainly they are higher than other California markets, but they are also less than they could be. For many years, San Diego and Phoenix shared the same problem. They were growing, vibrant cities, serviced by, and situated at the end of only one products pipeline. Both were supplied by the LA refineries and tank farms. In the late 1980's a new pipeline connection was made from the El Paso area. The El Paso refiners started marketing in Phoenix, and the local market began to be more competitive. Today Phoenix prices are among the lowest. San Diego could share a similar advantage. Gaining waterborne access allows new suppliers to bring large or small volumes of product to the area, without having to break into the pipeline distribution schemes. For example, current municipal bids for diesel fuel are limited to those that ship on KMPL. A new supplier would not be able to assure sufficient supplies if they are subject to Dec 15 00 09:22a Newport Petroleum (562) 427-2664 p.9 cutbacks or lack of tankage. There are no such restrictions on marine shipments. With the proposed project, Newport or other transporters would only have to schedule another shipment As a result, anyone, from LA to Seattle could offer on bids. The same goes for supplying fuel to the airlines. Less expensive jet fuel for airlines makes the San Diego airport more cost efficient, which supports more travel. Another advantage surfaces in the event of an emergency. If the pipeline should breakdown, suffer a casualty from an earthquake, or have other problems that interrupt supply of products to the San Diego area, having the ability to bring products into San Diego by vessel would not leave San Diego stranded. The National City Terminal in the preliminary stages of demolition and we understand the land on which the tanks now stand will be used for parking imported automobiles. Questions may arise regarding which activity is a better use for the property. In short, it is not a question of one use versus the other. The marine petroleum terminal will only occupy 6 acres. For the car facility to achieve a stated annual goal of 300,000 vehicles, more acreage will be required in several locations. The small parcel involved in the project will not inhibit the future of the car facility. In addition, the cost to replace the existing tank farm would be prohibitive. It would also be nearly impossible to find an appropriate location near the water. Port staff supports both of these points. It is not a question of which use is better, the question is why not both uses? The environmental differences of the two projects are nebulous. Today's environmental regulations relating to petroleum transportation and storage would not tolerate the degree emissions generated by thousands of automobiles being driven off of vessels and loaded aboard trucks or railcars. Nor would the expected total track traffic from a petroleum terminal exceed the current total number of trucks carrying petroleum products. While fears concerning the marine transportation of petroleum have historical foundation, please consider the vastly improved record of marine transportation, and the recent findings in the Northwest that the marine transportation compares favorably in safety and pollution with pipeline transportation. A recent pipeline proposal in Washington State was near defeat for just those reasons, when it was withdrawn in the face of failure. Newport is receiving daily inquiries from retailers, refiners, and wholesalers on the project. Their interest alone is proof of the concept outlined above. The recurring theme is the need for additional access to the San Diego market. While it would be imprudent for us to make any guarantee that the price of fuel in the San Diego market would decline, there is no question that increased competition would have a positive effect. In conclusion, all parties involved in this decision stand to gain in substantial ways. National City poteitially may derive a large economic benefit, the Port gains better utilization of its property, and therefore additional income, and most importantly, the San Diego community receives a more competitive supply of petroleum products. As a result, we ask for your help and support developing this project. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Tanuary 9, 2001 AGENDA ITEM NO. 1 ITEM TITLE Resolution of the City Council of the City of National City approving the application and assurances for grant funds under the Coastal. Conservancy Enhancement Program. PREPARED BY Jim Ruiz `(71� , DEPARTMENT Parks & Recreation EXPLANATION This Resolution is needed for the City to receive a $700,000 grant for developing Paradise Creek Education Park. Also provides a list of assurances that we will maintain the funded project, comply with the CEQA requirements, and comply with requirements imposed by the Conservancy. Environmental Review N/A Financial Statement Grant is for $700,000. Account No. STAFF RECOMMENDATION Approve Resolution. BOARD/COMMISSION RECOMMENDATION Approve. r--- ATTACHMENTS (Listed Below) Resolution and Assurances. Resolution No. 2000-1 A-200 (Rev. 9/B0) RESOLUTION NO. 2001— 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ENHANCEMENT PROGRAM FOR PARADISE CREEK EDUCATIONAL PARK WHEREAS, the Legislature has established the State Coastal Conservancy (pursuant to Public Resources Code 31000-314000) and authorized it to award grants to local public agencies and nonprofit organizations for the enhancement of coastal resources; and WHEREAS, the grants are awarded pursuant to guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and WHEREAS, the procedures established by the Coastal Conservancy require the applicant to certify by resolution approval of the application and listed assurances prior to submission of this application to the State. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Approves the filing of an application for funding under the State Coastal Conservancy's Enhancement Program; 2. Agrees to the List of Assurances attached hereto as Attachment 1; 3. Has or will have sufficient funds to operate and maintain the funded project(s); 4. Agrees to provide any funds needed beyond the grant requested to complete the project(s) funded under this program through the allocation of uncommitted funds; 5. Authorizes the Parks and Recreation Director to negotiate all agreements necessary to comply with the Coastal Conservancy's grant requirements; 6. Authorizes the Mayor to execute all agreements necessary to comply with the Coastal Conservancy's grant requirements. PASSED and ADOPIEI) this 941 day of January, 2001. Al'1'hST: Michael R. Dalla City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, lII City Attorney RESOLUTION NO. 2001-1 List of Assurances The applicant hereby assures and certifies that it will comply with State Coastal Conservancy regulations, policies, guidelines, and requirements as they relate to the acceptance and use of Conservancy funds for this project. Also the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant and to finance and construct the proposed facilities; that, where appropriate, a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. Sufficient funds will be available when the project is completed to assure the effective, operation and maintenance of the facility for the purposes constructed. 3. It holds sufficient title or interest in the property to enable it to undertake lawful development and construction of the project. 4. It will not dispose of or encumber its title or other interest in the site and facilities, except as permitted by the Conservancy. 5. It will give the Conservancy, through any authorized representative, access to and the rent to examine all records, books, papers, or documents related to the grant. 6. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the. Conservancy that funds have been approved, and the project will be carried to completion with reasonable diligence. 7. It will, where appropriate. comply with the requirements of the California Environmental Quality Act 8. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. Attachment `!1" MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 9, 2001 *Refer to Item #16* 2 AGENDA ITEM NO. (-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING\ THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF SAN DIEGO FOR FUNDING OF THE FEDERALLY MANDATED STORM WATER MONITORING PROGRAM (2000-2001) PREPARED BY Din Daneshfar DEPARTMENT Engineering/Public Works. EXPLANATION In compliance with the National Pollutant Discharge Elimination System (NPDES) Program, the City of National City is required to monitor wet weather storm water run off as regulated by the Federal Environmental Protection Agency. The San Diego County Co-permittees have been using a jointly developed monitoring program that is in compliance with the EPA regulations and is acceptable to the California Regional Water Quality Board. This year, the total cost of the monitoring program is proposed to be $600,000.00 (not to exceed). The City of National City's share of this cost is $14,235.46 (see the attached Cost Schedule). Those agencies that do not want to participate in the joint monitoring program may end up paying substantially more for the stormwater monitoring requirements. Environmental Review X N/A Financial Statement The funds for the monitoring program will be provided from Storm Water Management fee collection, Account No. 001-421-000-660- 7056. STAFF RECOMMENDATI Adopt the Resolu ion authorizing he Mayor to enter into an reement with the City of San Diego, as Princ.pal Permitee, for conducting a joint storm water monitoring program for an estimated not -to -exceed cost of $14,235.46. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below y Resolution No. 2001-2 1. Resolution 4. Detailed scope of 2. Agreement Work for storm water 3. Estimated Monitoring Cost Schedule monitoring by the consultant A-200 (9/80) swm RESOLUTION NO. 2001-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF SAN DIEGO FOR FUNDING OF THE FEDERALLY MANDATED STORM WATER MONITORING PROGRAM (2000-2001) WHEREAS, in compliance with the National Pollutant Discharge Elimination System (NPDES) Program, the City of National City is required to monitor wet weather storm water run off as required by the Federal Environmental Protection Agency; and WHEREAS, the County of San Diego, the incorporated cities of San Diego County, and the San Diego Unified Port District, referred to as "co-pemuttees", have been using a jointly developed monitoring program that is in compliance with the EPA regulations and is acceptable to the California Regional Water Quality Control Board. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an agreement with the City of San Diego for funding of the federally mandated Storm Water Monitoring Program (2000-2001). Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 9th day of January, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM CO-PERMITTEE JOINT WET WEATHER MONITORING AGREEMENT 2000-2001 STORM SEASON WHEREAS, the San Diego Regional Water Quality Control Board, through its Executive Director, has determined a wet weather storm water monitoring and testing program to be performed by the San Diego County Storm water permit co-permittees for the 2000-2001 storm season, and WHEREAS, the City of San Diego, as Principal Permittee, has published a Request For Proposals, interview prospective consultants, and, with the advice and consent of the other co- permittees selected and negotiated a contract with MEC Analytical Systems, Inc. to perform said wet weather storm water monitoring and testing, and WHEREAS, the consultant has developed a Scope of Work to satisfy the requirements of the Regional Board's wet weather storm water monitoring and testing program, a copy of which is attached and made part of this agreement, and WHEREAS, the consultant has agreed to perform the monitoring and testing program pursuant to the approved Scope of Work for a cost not to exceed 600,000, and WHEREAS, the Waste Discharge Permit renewal, (including an incorporated Memorandum of Understanding) regulating co-pennittee's storm water discharges for the period of 2001-2006 will not be approved by the Regional Board until January 2001 or later; NOW, THEREFORE, it is agreed by all the San Diego County co-permittees of Waste Discharge Permit and Board Order 90-42, as extended pursuant to Section 2235.2, Title 23 of the California Code of Regulations as follows: The division of costs for the wet weather monitoring program will be based on the percentages shown in the attached table. These percentages were derived by assigning 2.5 percent to the Unified Port District and the remaining 97.5 percent divided as follows: 1/5th divided equally among the remaining 19 co-permittees; 2/5ths divided according to 1998 SANDAG "Household" population figures; and 2/5ths divided according to 1998 SANDAG area figures for the respective co-permittees (the County area used being the "urbanized" area.) Each co-permittee's share of the wet weather monitoring costs pursuant to the attached Scope of Work and cost breakdown is due and payable upon acceptance and approval of this agreement. The cost breakdown of any other work done by the consultant, MEC Analytical Systems, Inc., under a joint venture by two or more co-permittees in satisfaction of any provision of the existing or future permits will be determined by separate agreement up to the $1,000,000 limit of the consultant's contract with the City of San Diego. Effective July 1, 2001, the City will administer the contract with the consultant with an administrative cost of ten percent (10%) of the contract amount divided equally to each co-permittee. At the conclusion of the 2000-2001 wet weather monitoring and testing program and after the total cost of the program is calculated, any monies collected and not expended will be refunded to the co-permittees. Accepted this Day of , 20 Authorized Representative Title: Municipality: H:\CoPermittee Costs\00Agreement.wpd 09-00 2000-2001 WET WEATHER TESTING ESTIMATED SHARE BY JURISDICTION (40% POPULATION/40% DEVELOPED LAND AREA/20% ADMINISTRATIVE SPL T) JURISDICTION POPULATION % OF TOTAL POPULATION . % OF TOTAL POPULATION FEE LAND AREA (ACRES)* % OF TOTAL LAND AREA % OF TOTAL LAND AREA FEE % OF TOTAL ADMINISTRATIVE FEE ** TOTAL INVOICED $600,000.00 PAID I CARLSBAD 82,030 3.0175% $7,242.05 9,733 3.8097% $9,143.22 $5,526.32 $21,911.59 CHULA VISTA 174,319 6.4124% $15,389.81 13,444 5.2622% $12,629.35 $5,526.32 $33,545.48 CORONADO 24,673 0.9076% $2,178.26 1,812 0.7093% $1,702.20 $5,526.32 $9,406.78 DEL MAR 5,391 0.1983% $475.95 858 0.3358% $806.01 $5,526.32 $6,808.27 EL CAJON 96,627 3.5545% $8,530.75 8,155 3.1920% $7,660.84 _ $5,526.32 $21,717.91 ENCINITAS 62,060 2.2829% $5,478.99 6,842 2.6781% $6,427.41 $5,526.32 $17,432.71 ESCONDIDO 127,813 4.7017% $11,284.01 12,957 5.0716% $12,171.86 $5,526.32 $28,982.19 IMPERIAL BEACH 29,180 1.0734% $2,576.17 1,757 0.6877% $1,650.53 $5,526.32 $9,753.02 LA MESA 59,210 2.1781% $5,227.38 5,133 2.0092% $4,821.96 $5,526.32 $15,575.65 LEMON GROVE 25,936 0.9541% $2,289.77 2,235 0.8748% $2,099.57 $5,526.32 $9,915.65 NATIONAL CITY 55,447 2.0396% $4,895.16 4,060 1.5892% $3,813.98 $5,526.32 $14,235.46 OCEANSIDE 160,753 5.9134% $14,192.13 14,745 5.7715% $13,851.52 $5,526.32 $33,569.97 '. POWAY 49,287 1.8130% $4,351.32 8,835 3.4582% $8,299.64 $5,526.32 $18,177.27 SAN DIEGO 1,277,168 46.9813% $112,755.22 99,799 39.0632% $93,751.63 $5,526.32 $212,033.16 SAN MARCOS 53,938 1.9841% $4,761.93 6,616 2.5896% $6,215.10 $5,526.32 $16,503.35 SANTEE 58,342 2.1461% $5,150.74 - 4,915 1.9238% $4,617.17 $5,526.32 $15,294.23 SOLANA BEACH 14,360 0.5282% $1,267.78 2,077 0.8130% $1,951.14 $5,526.32 $8,745.24 VISTA 85,659 3.1510% $7,562.43 9,562 3.7427% $8,982.59 $5,526.32 $22,071.34 COUNTY"` 276,265 10.1626% $24,390.15 41,946 16.4184% $39,404.26 $5,526.32 $69,320.73 PORT DISTRICT*"* 0 0.0000% $0.00 0 0.0000% $0.00 $15,000.00 $15,000.00 TOTALS 2,718,458 100.0000% $240,000.00 255,481 100.0000% $240,000.00 $120,000.00 $600,000.00 PROPORTIONS $240,000.00 $240,000.00 $120,000.00 2000 SANDAG FIGURES. LAND USES OMITTED FROM THE TOTAL LAND AREA FOR EACH AGENCY ARE AS FOLLOWS: 1. OPEN SPACE AND PARKS 2. AGRICULTURE 3. VACANT AND UNDEVELOPED LAND 4. FREEWAYS 5. SURFACE WATER BODIES ONE-HALF OF ADMINISTRATIVE FEE DIVIDED EQUALLY AMONG 19 CO-PERMITTEES "' POPULATION WITHIN COUNTY OF SAN DIEGO URBAN LIMIT LINES -- SAN DIEGO UNIFIED PORT DISTRICT SHARE IS 1/40TH OF THE TOTAL SHARED COST ATTACHMENT 2 Wet Weather Monitoring Program 2000/2001 I. Purpose The purpose of this Task Order is to conduct the 2000-2001 City of San Diego and Co- Permittee NPDES Storm Water Monitoring Program. This ongoing program will require: a) Planning and coordination meetings with Co-Permittee technical representative and the RWQCB. b) Attendance and participation at meetings. c) Field activities at five (5) monitoring stations located within the County of San Diego, laboratory analyses, and data analyses and reporting. d) Rapid stream bioassessment will be conducted at 23 bioassessment stations in Spring 2001. e) Program review of all activities conducted for the program over the past monitoring years. This review will include evaluation and assessment of the data, evaluation of trends, and comparison to other state/national programs. f) Program recommendations. Based upon the review of the program activities (e above), recommendations for the future program efforts and design will be made. II. Scope of Services Consultant shall perform activities required to execute the 2000-2001 Wet Weather Monitoring Program for the City of San Diego and Co-Permittees. Services performed under this task order shall include: Task 1. Planning and Mobilization for the Monitoring Program. Consultant shall: • Coordinate with City of San Diego and City Designees of storm water program (e.g., City, County of San Diego, Port of San Diego, Co-permittees, RWQCB) including meetings, teleconferences, acquiring and reviewing historical storm water material, strategic planning and design, and advising • representatives of the storm water program as designated by the City. • Field inspect five (5) existing monitoring stations employed during the 1999- 2000 monitoring program to check integrity of equipment shelters, identify storm drain blockages, and other potential problems. • Recover sampling equipment from MGD Technologies warehouse and perform sampling equipment quality control checks including: inspection, replacement of parts as necessary, and bench calibration. • Procure required field supplies including expendables (latex gloves, sampler tubing, bottles, etc.) and replacement monitoring equipment (as necessary). • Coordinate with laboratory subcontractors to facilitate sample delivery procedures and receipt of laboratory analyses results. • Obtain, review and refine Health and Safety Plan, Field Sampling Plan, and Standard Operating Procedures. • Identify, train and coordinate field sampling teams to ensure that Standard Operating Procedures are consistently applied and the Health and Safety Plan is carefully followed. • Re -install monitoring equipment at five (5) selected stations, and conduct field calibration QA/QC checks to ensure equipment operability. Task 2. Water Quality Monitoring at the Mass Loading Stations The 5 mass loading stations shall be monitored during the wet weather season over three (3) storm events. The third event shall be collected after February 1. As described in Order 95-76, the water quality sampling shall be conducted during a viable storm event. A viable storm event must be at least 0.1 inch of rainfall, each storm of at least 0.1 inch of rainfall must be separated by a minimum of 72 hours of rainfall, and the forecasted storm volume must be within + 50% of the average storm volume and duration for the region. Subtask 1. Mobilization/demobilization • Monitor storm events using weather forecasting services and prepare for mobilization when a storm projected to meet the criteria of a viable storm event in San Diego County. Continuous monitoring of storm volumes will be utilized throughout the storm event to calculate composite volume collection for flow weighted samples. • Mobilize field teams and equipment to collect samples during each of the viable storm events at the five (5) mass loading stations (SD13 California, SV I Sorrento Valley, AH1 Agua Hedionda, SD5 Tecolote, SD8 Chollas). • Following event, demobilization will be conducted. Composite samples will be retrieved from autosamplers, battery -packs will be removed for recharging, glass autosampler bottles will be removed for cleaning, etc. Subtask 2. Sample collection and analyses • At each station the following sampling will be performed: 1 flow -weighted composite will be collected by autosampler 1 grab samples will be collected by field personnel. • The flow -weighted composite will be analyzed for the following parameters (see Table 1 for analytical methods and target detection limits). An additional volume of composite sample for metals shall be prepared and provided to the RWQCB as a split for analysis. Inorganic chemicals — Ammonia, BOD, COD, Total phosphorus, nitrate, nitrite, total hardness, TKN, TDS, TSS, Turbidity, MBAS Metals (Total Metals and Dissolved Metals) — Antimony, Arsenic, Cadmium, Chromium, Copper, Lead, Nickel, Selenium, Zinc Organophosphate pesticides — Diazanon, Chlorpyrifos Toxicity Testing —(At SD8-Chollas and SD5-Tecolote Creek only) conduct toxicity testing using Ceriodaphnia and Hyalella for chronic toxicity. Daily mortality counts will be conducted to obtain acute toxicity data. • The grab sample will be analyzed for the following parameters (see Table 1 for analytical methods and detection limits). The insitu measurements (those conducted in the field) shall be performed on grab samples - temperature, pH, and conductance Oil and Grease, total coliform, fecal coliform and fecal Enterococcus (performed in the laboratory). Task 3. Sediment Sampling and Characterization at Chollas Creek Mass Loading Station Conduct sediment collection/analysis twice annually, once during the two weeks prior to October 1 and once after April 30. • At the non -tidal sampling stations at the SD8-Chollas Creek mass loading station collect 25 surface sediment grabs (see Figure 1) from each of the 25 stations in Chollas Creek and composite into 1 sample for chemistry testing. General physical sediment characteristics - grain size, TOC Metals - Arsenic, cadmium, chromium, copper, lead, mercury, nickel, silver, zinc. Organics - TPH, PAHs, Organochlorine pesticides, PCBs. • At the tidal sampling stations in San Diego Bay at the mouth of Chollas Creek collect 6 samples (see Figure 2). Composite samples from each radius (2 samples to on composite). Analyze the 3 composites for both sediment chemistry (Table 2) and toxicity using Eohaustorius sp. General physical sediment characteristics - grain size, total organic carbon Metals - Arsenic, cadmium, chromium, copper, lead, mercury, nickel, silver, zinc. Organics - TPH, PAHs, Organochlorine pesticides, PCBs. Toxicity - 10-day static toxicity testing using Eohaustorius estuaries: Task 4. Rapid Stream Bioassessment Monitoring This task is for the performance of the stream health indicator studies pursuant to the California Dept. of Fish and Game Rapid Stream Bioassessment Monitoring Procedures. Subtask 1. Site Selection and Calibration • Identify and select potential station locations throughout the County. Prepare report documenting sampling locations, rationale for location selection, SOP and analytical approach. • Obtain RWQCB approval of selected locations. • Sample and analyze from 3 replicate samples from each of 3 reference locations in Fall 2000 prior to rainy season. Request RWQCB or F&G to provide QA oversight. Subtask 2. Site Sampling and Analysis • Collect samples at 23 sites from approved station locations. Three replicate samples are to be collected and delivered to MEC Carlsbad laboratory for analysis. • Samples are to be analyzed in the Carlsbad taxonomy laboratory pursuant to the F&G procedure. Task S. Annual Storm Water Monitoring Reporting The results of Tasks 1-4 above will be provided in the Annual Storm Water Monitoring Report. This report shall include data and results summaries, explanations and discussions of data. Data comparisons, recommendations for future monitoring, comparison of current storm water monitoring results to previous years monitoring results, identification of trends, etc. shall be included in the report produced in Task 6 (below). Task 6. Storm Water Monitoring Program Review The objectives of this task are to: 1. Review prior information/data collected in the Co-Permittee monitoring program to identify trends and relationships. 2. Establish defined goals and objectives of the Co-Pernttee storm water monitoring program. 3. Make recommendations for changes to the Co-Permittee program for future years to meet defined program goals and objectives based upon a historical perspective (a review of prior monitoring efforts) and an analysis of industry trends (a review of other state monitoring programs). Subtask 1. Review of Program Objectives • The progression of objectives for at least five and possibly seven years of the storm water program as reported in annual reports and identified by SDRWQCB in permits and amendments and in announcements will be listed, and their evolution evaluated. • The objectives of other programs in California will be reviewed. • Either the Principal Investigator or Project Manager will attend State Storm water Task Force Meetings as well as Co-Permittee meetings in San Diego County and appropriate local SDRWQCB meetings to maintain informed regarding trends in regulatory compliance programs and enforcement as well as trends in monitoring and pollution prevention techniques relating to storm wafer, urban iunufi, and TMDLs. • The information gathered will be evaluated to arrive at a coherent set of objectives for the next four years of the Co-Permittee Storm Water Monitoring Program. Subtask 2. Review Past San Diego Storm Water Monitoring Data • Prior years analytical and collection methodologies will be reviewed for contemporary applicability (state of the art), detection limits, and temporal consistency. • Electronic data will be acquired from the previous contractor and form the core of a new database that will contain the last five years of data produced under the San Diego City and Co-Permittees' Storm Water Program. • The analytical data from the prior years shall be assessed for validity and comparability. This may require acquisition of raw chemistry/toxicity data to compare extraction/digestion procedures, detection limits, analytical techniques/methods, and general validity of data for input/comparison. • The database format of the electronic data will be reviewed by MEC and a final database format will be proposed to the Co-Permittees. A final database format will be established. This format will be provided to the Technical Coordinator of the City so he/she can have all non- electronic data (i.e., hardcopy data) placed in a database for submission to MEC in the final database format. • Statistical tests and analyses will be conducted to assess temporal trends and spatial distribution of measured constituents. Upstream/downstream relationships will be analyzed where possible. Uses of Repeated Measures Analysis of Variance, General Linear Model Analysis of Variance, and various forms of correlation analyses are anticipated, but other methods may also be utilized. Output products will include appropriate tables and graphs Subtask 3. Review Other California Storm Water Monitoring Programs • Selected municipal storm water programs or organizations performing storm water and related monitoring in California or other states will be contacted to obtain information on current or anticipated monitoring objectives, methods and strategies. Where available, the most recent annual reports or other summary program documents will he obtained and reviewed, and key program staff interviewed in person or by telephone. Monitoring programs will be assessed for successful methods and approaches that would benefit the San Diego program. • The program reviews shall include: • Program objectives • Major program elements • Sampling methodologies and techniques (physical, chemical, microbiological, bioassessment, other) ■ Equipment • Watershed monitoring ■ Observations of program successes and limitations • Program budgets ■ Anticipated future changes or additions Subtask 4 - Evaluation of Data Management Options A Needs Analysis and Assessment will be performed to determine the monitoring program's data management, reporting and dissemination requirements. Activities will include reviewing the intent of the program and existing and future data requirements, reviewing existing data management systems, and developing appropriate options. The strategy may be composed of a combination of the following: • Spreadsheets -generally used for data collection and some manipulation • Databases that can allow stakeholders to manipulate the data and view "what - if' scenarios • GIS-when linked with a database, can provide watershed -wide analysis and interpretation • Websites that can provide stakeholders with a collaborative workspace and can be used to inform the public. Subtask S — OMMITTED Subtask 6 — Evaluate Modeling Approaches and Tools An assessment of possible modeling approaches and tools that could be used to evaluate the San Diego storm water monitoring program will be conducted. Those additional monitoring needs that would be required to support modeling efforts will be identified. This will include a review the existing pollutant load model used for the program and recommendations relative to its usefulness in the future and suggested improvements that could be made (approach to use of land use data). Other more advanced approaches to modeling being applied or considered by other storm water programs or entities such as SCCWRP will be reviewed with respect to the potential applicability to the San Diego program. Subtask 7. Determine the 2001-2002 and Future Storm Water Monitoring Program for San Diego County The information collected and developed above will be assessed and evaluated to determine the future storm water monitoring program. Alternatives will be discussed and recommendation will be made with regard to the following: • Program Objectives • Constituents and Pollutants to be measured • Identifications and numbers of stations, upstream/downstream locations, and watersheds to be monitored • Tiered information for local/watershed/region application • Watershed monitoring or combinations • Data Management, Key Analyses and Graphic Presentation • Information Dissemination • Monitoring to support or achieve BMPs • Levels and Schedules for Modeling Subtask 8. Report of Recommendations All information from Task 6 shall be summarized in a final report. Additionally, the database developed from Task 6 shall be utilized to store future year's data, including data from 2000/2001. A presentation of findings and recommendations from Task 6 shall be made to the Co-Permittees and the RWQCB. MEETING DATE City of National City, California COUNCIL AGENDA STATE E T Tamiary 9, 7001 AGENDA ITEM NO. 3 ITEM TITLE PREPARED BY RESOLUTION EXERCISING RENEWAL OPTION FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES Kassia W. Kossyta DEPARTMENT Risk Management EXPLANATION. Self -insured for workers' compensation, the City of National City entered a three year adjusting contract with Claims Management Services in 1998. This $69,474/year agreement expires on June 30, 2001. There is a two year renewal option with a pre -negotiated rate increase of 3.5%/year. If the City does not exercise this option, the request for proposal process for workers' compensation claims adjusting services will need to start this month. State requirements and program size make it cost prohibitive to adjust claims in-house. Improve claims adjusting and control costs were the objectives given to Claims Management Services in 1998. These ongoing goals are being met. Senior adjusters with public agency experience were assigned to the City's account. Caseloads were reduced a minimum of 22% from the prior administrator's 185 lost time (indemnity) claims/adjuster to 145. Currently, our adjuster handles only National City files which total 59 including medical treatment as well as lost time cases. [JTACHME1T:. 11 ted Below) State mandated benefit increases of 68% in the last nine years and medical costs rising faster than inflation make it difficult to save money. According to the California Institute for Public Risk Analysis, the average cost for a California city workers' compensation claim is $7,330, in National City, it is $2,681 (please see Attachment A). This remarkable achievement is due to City employees' commitment to work, improved case supervision and Claims Management Services contracts with hospitals and clinics. In 1999, medical costs were $63,370 less than what the prior administrator paid in 1997 (please see Attachment B). Under both contractors, employees were allowed to select their own medical care provider. Env; onmental iew Financial Statement X N/A If approved, sufficient funds will be budgeted in the Expert and Consultant Services account, 62 7-414- 000-213, for the next two fiscal years. y?''') .?Wei, Account STAFF REC ENDATION Adopt a Resolution extending the $69,474/year contract for workers' compensation claims administration with Claims Management Service for an additional two years with a 3.5% fee increase each year. BOARD/COMMISSION RECOMMENDATION Resolution Attachrrents A & B Resolution No. 2001-3 A•200 {Res. 91fl0- RESOLUTION NO. 2001— 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY EXTENDING THE TERM OF THE AGREEMENT WITH CLAIMS MANAGEMENT SERVICES WHEREAS, in 1998, the City entered into an Agreement with Claims Management Services to provide worker's compensation claims administration services; and WHEREAS, said Agreement is scheduled to expire on July 31, 2001, unless the City exercises its option to extend the term of the Agreement for two additional one-year periods; and WHEREAS, Claims Management Services has performed well under the existing Agreement, and it is therefore recommended that the Agreement be extended for two additional one-year terms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby extends the term of the Agreement with Claims Management Services for two additional one-year terms, to July 31, 2003, and directs staff to notify Claims Management Services of said extension. PASSED and ADOPTED this 9"' day of January, 2001. George H. Waters, Mayor Al [EST: MichaelR. Dalla City Clerk APPROVED AS TO FORM: /73 George H. Eiser, III City Attorney ATTACHMENT A NATIONAL CITY AVERAGE CLAIM COST $4,500 $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $0 Average Claim Cost / Loss $4,398 1996 1997 1998 Fiscal Years / Prior TPA in Blue / CMS in Red 1999 'ACCORDING TO THE " CALIFORNIA INSTITUTE FOR PUBLIC RISK ANALYSIS", AVERAGE CLAIM COST FOR CITIES IN THE STATE OF CALIFORNIA IS $7,330. ATTACINIENP B PAID MEDICAL 250000 200000 150000 100000 50000 PAID MEDICAL 1995 1996 1997 1998 1999 FISCAL YEARS / CMS IN DARK GREEN PRIOR WA IN LITE GREEN City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 AGENDA ITEM NO. 4 (-ITEM TITLE WARRANT REGISTER #24 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #24 per government section code 37208. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend certification of these warrants for a total of $169,743.46 BOARD / COMMISSIO RECOMMENDATION L2 ATTACHMENTS ( Listed Below ) 1. Warrant Register #24 . Workers' Comp Warrant Register dated 12/6/00 Resolution No, A200 (9.99) MEETING DATE 01/09/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 (ITEM TITLE WARRANT REGISTER #25 PREPARED BY ROBERT A. RABAGO EXPLANATION DEPARTMENT FINANCE Ratification of Warrant Register #25 per government section code 37208. C. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION I recommend certification of these warrants for a total of $1,107,001.28 Approved y finance Dtor Account No. BOARD 1 COMMISSION RECOMMENDATION tat/Xi dr/ G t:te .) iApA A,Q(: ATTACHMENTS ( Listed Below ) 1. Warrant Register #25 2. Workers' Comp Warrant Register dated 12/13/00 3. Payroll dated 12/20/00 &27a7(Jij) /-.2-;lf��Gl./ Cs I 1 Resolution No. A-200 0.99) MEETING DATE 01/09/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 6 ITEM TITLE WARRANT REGISTER #26 PREPARED BY EXPLANATION ROBERT A. RABAGO DEPARTMENT FINANCE Ratification of Warrant Register #26 per government section code 37208. CEnvironmental Review Financial Statement N/A N/A STAFF RECOMMENDATION I recommend certification of these warrants for a total of $247,406.77 Approved By:GA ance Director Account No. BOARD / COMMISSI RECOMMENDATION ha ATTACHMENTS (Liisted Below ) 1. Warrant Register #26 2. Workers' Comp Warrant Register dated 12/20/00 Resolution No. A-200 (9 99) MEETING DATE 01/09/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 (ITEM TITLE WARRANT REGISTER #27 PREPARED BY DEPARTMENT ROBERT A. RABAGO FINANCE EXPLANATION Ratification of Warrant Register #27 per government Section code 37208. Environmental Review N/A Financial Statement N/A Approved By: Finance Directo STAFF RECOMMENDATION I recommend certification of these warrants for a total of $872,948.53 BOARD / COMMISSION RECO M DATION ATTACHMENTS ( Listed Below ) Resolution No. 1. Warrant Register #27 2. Workers' Comp Warrant Register dated 12/28/00 3. Payroll dated 01/03/01 A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 8 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Darla June Leroux PREPARED BY Michael R. Darla, CMCDEPARTMENT City Clerk EXPLANATION The claim of Darla June Leroux arises from an occurrence on October 5, 2000 and was filed with the City Clerk's Office on November 6, 200Q Environmental Review XX N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD ! COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below ) N/A A-200 (9/80) -_.. Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 9 AGENDA ITEM NO. / ITEM TITLE PREPARED BY CLAIM FOR DAMAGES: Alejandra Garcia Michael R. Dalla, CMGDEPARTMENT City Clerk EXPLANATION The claim of Alejandra Garcia arises from an occurrence on July 12, 2000 and was filed with the City Clerk's Office on November 21, 2000 Environmental Review xX__ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AGENDA 9, 2001 10 AGENDA ITEM NO. %ITEM TITLE RESOLUTION ESTABLISHING THE SALARY OF THE CITY CLERK AND THE CITY TREASURER. George H. Eiser, III I City Attorney PREPARED BY DEPARTMENT EXPLANATION Section 36517 of the Government Code provides that the City Clerk and City Treasurer shall receive compensation fixed by ordinance or resolution. There are no provisions in the state law or Municipal Code as to the timing or amounts of any changes in compensation for these offices. Current Council practice is to adjust the compensation for these positions at the same time, and by the same percentage, as the adjustments in compensation for the Mayor and City Council. Appearing on the January 9 agenda is the adoption of an ordinance increasing the compensation of the Mayor and City Council by the same percentages, on the same dates, and subject to the same conditions, as the salary increase for Municipal Employees' Association members, if any, granted between January 9, 2001 and the general municipal election held on November 5, 2002, provided that said increases shall not exceed ten percent of the current base monthly salaries. The proposed resolution would grant like compensation adjustments to the City Treasurer and City Clerk. Environmental Review X HIA Financial Statement Funds are budgeted. (STAFF RECOMMENDATION Adopt resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution. -200 (9/80) Account No. 2001-4 Resolution No. RESOLUTION NO. 2001— 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY OF THE CITY CLERK AND THE CITY TREASURER BE IT RESOLVED by the City Council of the City of National City that pursuant to the provisions of Section 36517 of the California Government Code, the base monthly salary for the City Clerk and the City Treasurer shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the salary increases for Municipal Employees' Association members, if any, granted between the date of this Resolution and the general municipal election held on November 5, 2002, provided that said salary increases shall not exceed a total of ten percent of the current base monthly salaries. BE IT FURTHER RESOLVED that the cafeteria plan benefits for the City Clerk shall be fixed at the same level as those for the Mayor and City Council. PASSED and ADOPTED this day of January, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla City Cleric APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 1/9/01 11 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY\ AMENDING TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX. PREPARED BY Jay Gonzales EXPLANATION See attached staff report. DEPARTMENT Finance CEnvironmental Review Financial Statement Minimal. X N/A Approved By: ' Finance Dire Account No. STAFF RECOMMENDATION Staff recommends the proposed revisions to certain sections of the Ordinance to enhance administration of specific procedures. f� BOARD / COMMISSION RECOM ENDATIOJ1 ATTACHMENTS I Listed Below ) Staff Report Ordinance Proposed Resolution Resolution No. A-200 (9199) STAFF REPORT REVISIONS TO TITLE 4 OF 11 NATIONAL CITY MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX Executive Summary The proposed revisions to the Transient Occupancy Tax were designed to enhance administration and to clarify certain procedures. These revisions do not change the existing transient occupancy tax structure or impose any new or higher taxes. These changes make the TOT provisions comparable to those of San Diego and Chula Vista. The motivation behind these revisions came from a recently concluded transient occupancy tax audit of a major hotel here in National City. Issues were raised relating to the interpretation of existing provisions of the Municipal Code as well as the effectiveness of existing practices. Concerns where raised by the hotel industry regarding unfavorable competition created by the differences. Hotel operators were notified about the proposed revisions and were given a draft of the proposed ordinance for review and comment. Finance staff and the Sr. Assistant City Attorney met with some hotel representatives. The ordinance has been modified at various times to address the concerns of the hotel operators and their recommendations. Fiscal Impact Minimal Significant Changes to Prior Code 1) Redefines the word "Rent" as consideration charged and collected. Prior code defines "Rent" as consideration charged whether or not received. 2) Redefines the term "Tax administrator" as the City Treasurer or the Finance Director. Prior code defines "Tax administrator" only as the City Treasurer. 3) Makes clear the definition of the word "Transient" and sets a process for hotel operators to follow in situations where a guest stays over 30 days. Prior code provided that "Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between theoperator and the occupant providing for a longer period of occupancy.". In the proposed revision, this part of the definition of the word "Transient" is moved to Section 4.32.030 and reworded to provide additional clarification as follows - "Any person who occupies or is entitled to occupancy for a period of 31 days or more shall be deemed not to have been a transient with respect to the first 30 days of occupancy or entitlement to occupancy for purposes of responsibility for payment of tax. No tax shall be due or payable nor be collected for the 31' consecutive day and all following consecutive days of occupancy, and any taxes for the first 30 days that were collected from the guest shall be refunded to the guest." 4) Makes clear which hotel rents are exempt and what documents hotel operators need to submit to the City in support of any exemptions claimed. Exemptions Prior code provided that — No tax shall be imposed (a) When hotel rents are directly paid by the United States Government or the State of California or their respective agencies. This exemption does not exempt a transient who is employed by an exempt entity from payment of the tax when the payment is later to be reimbursed by the entity. Proposed revision provides that — No tax shall be imposed: (a) When hotel rents are directly paid by the United States Government or its agencies or instrumentalities, or by a transient while he or she is on official business as an employee of the United States Government or a federal agency or instrumentality. This exemption does not exempt a transient who is employed by a business entity under contract to a federal entity from payment of the tax even though the payment is later to be reimbursed by the federal entity. (Rationale: Ninth Circuit decision made exemption applicable to all transients traveling on official federal business). (b) When hotel rents are directly paid by the State of California or a state agency. This exemption does not exempt a transient who is employed by the State from payment of the tax even though the payment is later to be reimbursed to the transient by the state. (The above decision does not affect state agencies). Documentation Adds official travel orders and government credit card payment vouchers as acceptable documentation supporting a claim for exemption. 5) Establishes a clear standard when a return is considered filed. Proposed revision adds for further clarification that — "The return is filed as of the date of the receipt issued by the tax administrator or, if mailed, as of the date of postmark provided payment is actually received by the tax administrator." 6) Makes clear the period of time hotel operators are required to keep and preserve records necessary to ascertain the accuracy of transient occupancy taxes paid and exemptions claimed. Prior code provided that — "It shall be the duty of every operator .... to keep and preserve, for a period of three years, all records as may be necessary ...." Proposed revision adds for further clarification that - "It shall be the duty of every operator ... to keep and preserve, for a period of three years, excluding the then current year, all records as may be necessary....". ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX BE IT ORDAINED by the City Council of the City of National City that Title 4 of the National City Municipal Code is amended as follows: Section 1. That Chapter 4.32 is amended by amending Sections 4.32.020, 4.32.030, 4.32.040, 4.32.070 and 4.32.110 to read as follows: CHAPTER 4.32 TRANSIENT OCCUPANCY TAX 4.32.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter A. `Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome, house trailer or recreational vehicle at a fixed location or other similar structure or portion thereof 03 through D — No change.) E. `Rent" means the consideration charged and collected for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, rash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. F. "Tax administrator" means the City Treasurer or Finance Director. G. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. In determining whether a person is a transient, all uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. 4.32.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent of the rent charged by the operator for each day of the first thirty (30) days of occupancy. Any person who occupies or is entitled to occupancy for a period of thirty-one (31) days or more shall be deemed not to have been a transient with respect to the first thirty (30) days of occupancy or entitlement to occupancy for purposes of 2001 Ordinance Transient Occupancy Tax Chapter 4.32 responsibility for payment of tax. No tax shall be due or payable nor be collected for the 31' consecutive day and all following consecutive days of occupancy, and any taxes for the first thirty (30) days that were collected from the guest shall be refunded to the guest by the operator. Said tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. 4.32.040 Exemptions. A. No tax chill be imposed: 1. When hotel rents are directly paid by the United States Government or its agencies or instrumentalities, or by a transient while he or she is on official business as an employee of the United States Government or a federal agency or instrumentality. This exemption does not exempt a transient who is employed by a business entity under contract to a federal entity from payment of the tax even though the payment is later to be reimbursed by the federal entity. 2. When hotel rents are directly paid by the State of California or a state agency. This exemption does not exempt a transient who is employed by the State from payment of the tax even though the payment is later to be reimbursed to the transient by the State. 3. When the transient is by treaty or federal or state law exempt from payment of transient occupancy taxes. B. No exemption shall be granted under subsections (AX1), (AX2) or (AX3) except upon a claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Documentation in support of the claim for exemption, such as copies of government issued contracts, official travel orders, government credit card payment vouchers, purchase orders or checks, shall be presented with the exemption form Completed exemption forms along with supporting documentation shall be returned to the tax administrator with the corresponding tax remittance. 4.32.070 Operator —Returns. Each operator shall, on or before the last day of the month following the close of each calendar month, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator, with any exemption forms and supporting documentation applying to the reporting period. The return is filed as of the date of the receipt issued by the tax administrator or, if marred, as of the date of postmark provided payment is actually received by the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder when deemed necessary in order to insure collection of the tax and tax administrator may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. 2001 Ordinance 2 Transient occupancy Tax Chapter 4.32 4.32.110 Operator —Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three calendar years, excluding the then current year, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. PASSED and ADOPTED this day of , 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2001 Ordinance 3 George H. Waters, Mayor Transient Occupancy Tax Chapter 4.32 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 9, 2001 AGENDA ITEM NO. - 12 ITEM TITLE AN ORDINANCE ESTABLISHING THE SALARIES OF THE MAYOR, THE CITY COUNCIL, AND OF THE CHAIRMAN AND MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION PREPARED BY EXPLANATION George H. Eiser, 1119 DEPARTMENT City Attorney At the December 12, 2000 City Council meeting, an ordinance was introduced to establish the salaries of the Mayor, the City Council and the Chairman and Members of the Community Development Commission. At that time, the Council determined that the effected salaries shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the salary increases, if any, for the Municipal Employees' Association members. The proposed ordinance implements this action Environmental Review Financial Statement Funds are budgeted. N/A Account No. STAFF RECOMMENDATION Enact Ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Proposed Ordinance Resolution No. A-200 (9/80) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARIES OF THE MAYOR, THE CITY COUNCIL, AND OF THE CHAIRMAN AND MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code, for the time period between the effective date of this Ordinance and the general municipal election held on November 5, 2002, the base monthly salary for the City Council shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the City Council shall not exceed a total of ten percent of the current base monthly salary. Section 2. That pursuant to the provisions of Section 36516.1 of the Government Code, for the time period between the effective date of this Ordinance and the general municipal election to be held on November 5, 2002, the base monthly salary for the Mayor shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the Mayor shall not exceed a total of ten percent of the current base monthly salary. Section 3. That pursuant to the provisions of Section 34130 of the Health and Safety Code, for the time period between the effective date of this Ordinance and the general municipal election to be held on November 5, 2002, the base monthly salary for the Chairman and each member of the Community Development Commission shall be increased by thesame percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the Chairman and each member of the Community Development Commission shall not exceed a total of ten percent of the current base monthly salary. PASSED and ADOPTED this day of January, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: y'/ata.•7C George H. Diser, III City Attorney _ George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 SECOND READING AGENDA ITEM NO. 13 -. ITEM TITLE AN ORDINANCE AMENDING CHAPTER 13.12 OF THE NCMC PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF WAY AND OTHER PUBLIC PROPERTY PREPARED BY EXPLANATION Rudolf Hradecky DEPARTMENT City Attorney Please see attached Staff Report. Environmental Review X N/A Financial Statement There is no cost to the City. Account No. STAFF RECOMMENDATION Adopt ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ordinance Staff Report Supplemental memorandum Resolution No. A-200 (9/80) STAFF REPORT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAP [ER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY The attached ordinance is proposed for adoption by the City Council. It updates and improves the terms and conditions under which public utility and convenience encroachments may be installed in the public rights -of -way or public property. The impetus for the attached has been an increased level of interest by various telecommunications providers in installing conduit, cable or fiber optics in the rights -of -way. In some cases, the installers will be merely passing through the city; in others, they will also be providing services within the city. The attached ordinance covers a variety of effects and needs. It addresses ongoing street maintenance impacts caused by or associated with such installation. It allows greater flexibility to the City to require encroachments to remove or relocate when made necessary by City needs. It mandates certain actions to be taken, including the coordination of installation with other installations pending or contemplated. It also addresses, albeit not in totality, potential telecommunication conduits and cables —both aerial and underground. A separate "Telecommunications Regulatory Ordinance" will deal with the licensing and franchise aspects of those types of encroachments. However, the attached gives greater flexibility for requiring undergrounding as a condition of the encroachment permit. Authority is granted to the City Engineer to make rules and regulations necessary to further implement the ordinance. Appeals to the City Council are provided for, and an alternative appeals procedure to an administrative hearing examiner is also provided for upon the mutual election of the City and the permittee/applicant. Of primary concern is the maintenance and resurfacing of streets. Particular emphasis is placed upon the permittee's financial obligation to ensure that the public streets are maintained properly, consistent with and proportional to the impacts caused by the installation and its benefits to the permittee. The attached ordinance completely rewrites the existing Chapter 13.12 on installations in the public streets. It preserves the misdemeanor nature of non -permitted installations and encroachments on both public property and the right-of-way, making an exception for emergency repairs for work to existing installations, provided a permit is applied for by the third business day following. This proposed ordinance has been coordinated by the City Engineer with SDG&E, PacBell, Sweetwater Authority and Cox Cable. It takes into account the terms and operational concepts of the existing franchises and agreements each of these entities has with the City. City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, HI • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: December 7, 2000 FROM: Senior Assistant City Attorney SUBJECT: Reintroduction of the Encroachment Permit Ordinance On December 5th, the City Council introduced the above -referenced ordinance by title only, thus constituting a first reading. Staff indicated that additional comments were received after the agenda was prepared, and that Staff intended to meet to assess whether the nature and scope of any possible changes would be either substantive or non -substantive. Minor non - substantive or clarifying changes would still allow the passage of the ordinance. Attached to this memorandum is a highlighted text of the ordinance showing changes that were made. The ordinance is now presented to you for re -introduction. Although the highlighted changes represent clarification of the original text, it appears to be the more prudent course to now re -introduce the ordinance for a first reading, bring back for a second reading and enactment at the next Council meeting in January. The attached changes shown in highlighted text were coordinated with and concurred by SDG&E, Pacific Bell, Cox Communications and Sweetwater Authority. RUDOLF HRADEC'KY enior Assistant City Attorney RH/gmo Attachment Recycled Paper ORDINANCE NO. 2000 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY 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 Chapter 13.12 of the National City Municipal Code is amended in its entirety to read as follows: ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAYS AND OTHER PUBLIC PROPERTY Sections: 13.12.010 Findings, purpose and intent. 13.12.020 Definitions and uses. 13.12.030 Encroachment permits —Required. 13.12.040 Encroachment permits —Bonds and insurance. 13.12.050 Encroachment permits —A. .lication. 13.12.060 Encroachment permits " ; <r. ti '; '` City Engineer. 13.12.070 Resurfacing of streets. 13.12.080 Encroachment permits —Revocation —Penalty for violation of terms. 13.12.090 Encroachment permits —Fees. 13.12.100 Nonexclusive use of right-of-way. 13.12.110 Appeal. 13.12.120 Assignment of encroachment permits 13.12.130 Safeguarding of Proprietorial Information. 13.12.140 Alternate administrative hearing procedures for appeals. 13.12.150 Violations and enforcement. 13.12.010 Findings, purpose and intent. A. The City Council finds and determines that the installation, repair, maintenance and removal of private and public facilities in the public streets, rights -of -way and other public property must be regulated in order to protect the public health, safety and welfare and provide for the orderly administration and maintenance of public roadways and other public property for the benefit of the community, while allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community. It is further 2000 Ordinance Encroachment Permits the intent of the City Council to require public utility providers, other public agencies and private parties who are permitted to install facilities in the public streets and rights -of -way to preserve the street surfaces and, when necessary, contribute proportionately to resurfacing and maintenance as a result of the impact and benefits caused by or obtained from their installations. B. It is not the intent of the Council to require applicants and permittees to disclose proprietary information or trade secrets applicable to their technology, systems or facilities, except to the extent reasonably necessary to evaluate the installation or operation of the facility in terms of public health and safety. C. Administration of this ordinance shall be under the direction and control of the City Manager, as further delegated to the City Engineer under this chapter. 13.12.020 Definitions and uses. NO CHANGES 13.12.030 Encroachment permits —Required. A. Except as provided in Subsection 13.12.030F, it is unlawful for any person to excavate, construct or remove improvements or facilities within, or grade or encroach upon or over, any public right-of-way or public property of the City of National City without a valid encroachment permit issued pursuant to this chapter. B. An encroachment permit shall allow only the designated permittee(s) and their authorized contractors to install, maintain or remove approved facilities within the boundaries and under the terms and conditions specified in the encroachment permit. The term of the permit may be for a specific duration, or unlimited duration conditional, however, upon the removal or relocation of the facility when necessary for reasons of the public health, safety and welfare, or convenience. No person or permittee, including a franchisee or licensee, shall assign or enlarge the scope of an approved encroachment permit to allow another person to install an additional facility within the permitted encroachment without the prior written authorization of the City Engineer or, when applicable, the City Manager or Council, which authorization shall not be unreasonably withheld or denied. C. The City Ent+ eer shall require the benefiting entity 3 and may Y require the installer when necessary to ensure proper project control, to apply for all requisite permits. Financial obligations imposed by this chapter 13.12 shall relate primarily to the responsibility of the permittee who benefits from the installation of the facility. D. As a condition of an encroachment permit, the permittee shall be required to remove or relocate the permitted facility or encroachment at the permittee's sole expense when determined necessary by the City Engineer as an exercise of the city's police power for the public health, safety and welfare or convenience. This shall include the right of the City to regrade or realign the streets or to install its own facilities, and require the permittee to remove or relocate its facility at the permittee's expense. A permittee may also be required to pay for the cost of relocating other previously permitted encroachments when necessary to accommodate its facility. E. The permittee shall obtain any business licenses and all other permits or licenses, including construction permits, required by code, statute or regulation pertaining to the installation of the facility, and for complying with all other provisions of law and this Code, including Chapter 6.12 relating to telecommunications, notwithstanding the issuance of an encroachment permit. 2000 Ordinance 2 Encroachment Pennits F. Nothing in this Chapter 13.12 shall prevent excavation for emergency repairs to public utility service connections or other work that is necessary for the immediate protection of life or property, provided a permit is applied for by the end of the third business day following the commencement of work. G. The City Engineer shall have the authority to promulgate rules and regulations necessary to implement this chapter, and to negotiate and issue annual master encroachment permits to repetitive users with due allowance for the requirements of this chapter 13.12. A "repetitive user" shall refer to any public agency, public utility or other entity with a franchise or license from the city that contemplates repetitive facility installations in the public rights of way and public property. 13.12.040 Encroachment permits —Bonds and insurance. NO CHANGES 13.12.050 Encroachment permits —Application. NO CHANGES 13.12.060 Encroachment permits City Engineer. A. The City Engineer may issue a permit to encroach upon, within or over the public right-of-way or other public property of the City of National City only if an applicant for such a permit can demonstrate that: (1) There is a compelling need to use the City right-of-way or property for the applicant's proposed use; (2) The issuance of a permit will not be detrimental to the public health, safety and welfare; (3) The applicant is capable and will comply with all the terms, conditions, and restrictions that are incorporated in the permit; and (4) The applicant has complied with all applicable state laws, and has obtained other applicable permits and certifications required under state `g _ federal law. (5) The applicant has reviewed city and other public records pertaining to existing and proposed encroachments and coordinated the details of its facility installation with those facilities and permittees. B. Except with respect to proprietorial information regarding the technology of the cable, facility or customer identity or which could adversely affect an applicant's competitive advantage, the City Engineer shall have the authori to r - s uire the a . ' licant, as a condition of permit issuance, to disclose informati (1) The applicant's proposed methods of use of any lines, wires, cables, conduits, and other equipment in the right-of-way, and pertinent technical details regarding the installation, operation and placement of the facility which is necessary to determine the impact upon the public health and safety and the venue of installation; (2) The quantity and dimensions of applicant's proposed installation of lines, wires, cables, conduits, and other equipment in the right-of-way; (3) The quantity and dimensions of applicant's proposed installation of lines, wires, cables, conduits, or other equipment which will be solely used for the provision of telephone service which is currently certificated by the Public Utilities Commission of the State of California; (4) The specific date(s) applicant proposes to begin using any lines, wires, cables, conduits, and other equipment in the right-of-way; 2000 Ordinance 3 Encroachment Permits (5) The location of all proposed or future installations by the applicant and all existing lines, wires, cables, conduits, and other equipment in the pertinent vicinity of the applicant's proposed installation in the City of National City right-of-way; (6) The specific traffic safety and environmental measures applicant proposes to use while applicant is excavating or obstructing any right-of-way; (7) Any limitations of time applicable to the use or removal of the facilities; (8) The coordination of the proposed facility installation with anticipated or existing encroachments and other construction or improvement in the affected venue of installation. (9) Traffic and pedestrian safety and control. C. Except as to those matters specifically regulated by the Public Utilities Commission, the Federal Communications Commission, or other state or federal agency, the City Engineer shall have the authority to coordinate and prescribe conditions for the installation, use, duration and removal of the facilities and other encroachments by the permittee and its assigns. These conditions may include submittal of record drawings, U.S.A."Dig-alert" subscription, joint trench cost sharing, screening of aboveground utility cabinets, coordination of work with other agencies or projects, and full cost reimbursement for reasonable and necessary City inspection services during construction. Additionally, the City Engineer is authorized to require installation to be made underground instead of an aerial placement, when determined to be feasible by the City Engineer and as required by law, and to prohibit or restrict the placement of permanent auxiliary power generators within the right-of-way. The applicant shall be responsible for reviewing city and other public records, and contacting existing City permittees and public utility companies to determine the location of existing facilities that will impact upon or be impacted by the proposed installation, and provide any necessary assurances or provisions regarding non-interference with prior permitted facilities and encroachments. The City reserves the right to require the permittee to pay costs of hiring an inspector or supervisor to oversee the work and protect the City's interests during facility installation. D. Issuance of a permit does not constitute a representation by the City that subsurface conditions are accurately reflected in the records of the City. Each permittee assumes the risk and responsibility for damage to previously installed permitted facilities. Each permittee shall be responsible for repair or reimbursement for damage to or for relocating previous installed facilities, when caused or necessitated by the installation of its facility. The permittee shall notify the City Engineer and any affected prior permittee(s) when relocation may become necessary. E. Each permit shall include a condition that the ermittee shall indemnify, defend and hold harmless the City from all liability occasioned U° or caused by the installation or operation of the facility, except that arising from the sole negligence or willful misconduct of the City. F. The City Engineer shall host periodic coordination meetings with potential applicants and current permittees regarding pending applications and proposed construction in the various rights of way and public places. The format of such meetings may be as provided for by existing franchise or license agreements, or as may be determined feasible by the City Engineer. The City Engineer shall not be responsible for obtaining information for any applicant, but shall make existing information available to an applicant for appropriate research and coordination. G. Whenever an exemption or exception from the requirements of this Chapter 13.12 is claimed by an applicant or pennittee under the terms of a franchise, an agreement or scope of regulatory preemption, the burden shall be on the applicant or permittee to establish the 2000 Ordinance 4 Encroachment Permits authori , sco s e and extent of the exem s tion to th 13.12.070 Resurfacing of streets. A. In cases of major excavation into city streets, particularly where the street has been resurfaced within three ears preceding the work, the ermittee ma be r s aired by the City En s eer to replace 11 entire lane of travel rather than to just patch and repair the particular trench. This requirement is imposed in order to maintain the road surface in a smooth, steady state for the benefit of motorists, preserve the structural integrity of the affected surface, and avoid the unnecessary future expenditure of public taxes and monies. B. In situations where several excavators are or will be allowed to separately excavate trenches of minor dimension, which, when accumulated, create a major impact to the road surface, comparable to that described in subsection A, the City Engineer may require each permittee to obligate itself to pay a proportional share for resurfacing of the entire lane of travel, and, where necessary and appropriate, to post a security deposit or surety bond guaranteeing it will participate in or fund the costs of the resurfacing and related work necessary to maintain and preserve the integrity of the right-of-way. C. The provisions of this section shall apply equally to franchisees and other public agencies desiring to excavate in the public right-of-wa in National C. , as s ecifically ' rovided otherwise in the terms of a franchise Determinations made by the City Engineer under sections 13.12.070A and B shall be based on best engineering and management practice. D. Notwithstanding subsection A, permittees who benefit from the facility installation may be required to share prorata in the ongoing costs of repair and street maintenance directly caused by the proportionate impacts of the installation and maintenance of their facility in the right-of-way. 13.12.080 Encroachment permits —Revocation —Penalty for violation of terms. NO CHANGES 13.12.090 Encroachment permits —Fees. NO CHANGES 13.12.100 Nonexclusive use of right-of-way. A. Encroachment permits are non- exclusive. Any permit issued by the City under this chapter which permits the applicant to excavate, construct or remove improvements or facilities, or grade or encroach within any public right-of-way also permit the City to utilize the right-of-way for its own public purposes during the same time period as the applicant's use. The City may extend the time period of the applicant's proposed use of the right-of-way to suit the city's own public purposes. The City engineer may require the permittee to allow others to utilize the excavation for placement of their separately permitted facilities ; _ .4,}i , ka., upon payment to the permittee of the proportional share of avoided expense together with any additional expense necessitated by such accommodation, provided such accommodation is feasible and does not delay o imact the , ermitt 2000 Ordinance 5 Encroachment Permits B. Permittees shall not interfere with facilities installed under prior permits, unless arrangements satisfactory to the City Engineer and the prior permittee are made to protect or relocate the prior facilities at the expense of the subsequent permittee. Notwithstanding, the City shall have the right to remove, relocate or displace any previously allowed or permitted encroachment without liability to a permittee when necessitated by public emergency or the City's exercise of its police power. C. Permittees who fail to provide accurate record drawings shall be financially liable to the City for the City's construction delay costs directly caused by misidentified facility locations installed by the permittee or its contractors. 13.12.110 Appeal. NO CHANGES 13.12.120 Assignment of encroachment permits or facilities. NO CHANGES 13.12.130 Safeguarding of Proprietorial information. NO CHANGES 13.12.140 Alternative administrative hearing provisions for appeals. NO CHANGES 13.12.150 Violations and enforcement. NO CHANGES 2000 Ordinance Encroachment Permits ORDINANCE NO. 2000 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY 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 Chapter 13.12 of the National City Municipal Code is amended in its entirety to read as follows: ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAYS AND OTHER PUBLIC PROPERTY Sections: 13.12.010 Findings, purpose and intent. 13.12.020 Definitions and uses. 13.12.030 Encroachment permits —Required. 13.12.040 Encroachment permits —Bonds and insurance 13.12.050 Encroachment permits —Application. 13.12.060 Encroachment permits —Authority of City Engineer. 13.12.070 Resurfacing of streets. 13.12.080 Encroachment permits —Revocation —Penalty for violation of terms. 13.12.090 Encroachment permits —Fees. 13.12.100 Nonexclusive use of right-of-way. 13.12.110 Appeal. 13.12.120 Assignment of encroachment permits 13.12.130 Safeguarding of Proprietorial Information. 13.12.140 Alternate administrative hearing procedures for appeals. 13.12.150 Violations and enforcement. 13.12.010 Findings. purpose and intent. A. The City Council finds and determines that the installation, repair, maintenance and removal of private and public facilities in the public streets, rights -of -way and other public property must be regulated in order to protect the public health, safety and welfare and provide for the orderly administration and maintenance of public roadways and other public property for the benefit of the community, while allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community. It is further the intent of the City Council to require public utility providers, other public and governmental agencies and private parties who are permitted to install facilities in the public streets and rights -of -way to preserve the street surfaces and, when necessary, , contribute proportionately to resurfacing and maintenance as a result of the impact and benefits caused by or obtained from their installations. 2000 Ordinance Encroachment Permits B. It is not the intent of the Council to require applicants and permittees to disclose proprietary information or trade secrets applicable to their technology, systems or facilities, except to the extent reasonably necessary to evaluate the installation or operation of the facility in terms of public health and safety. C. Administration of this ordinance shall be under the direction and control of the City Manager, as further delegated to the City Engineer under this chapter. 13.12.020 Definitions and uses. A. "Facility" means and includes, without limitation, any pole, light or signal standard, traffic or irrigation controller, pipe, conduit, cable, fiber optics, manhole, duct, tunnel, trench, utility cabinet or similar appurtenance. B. "Person" means and includes any natural person, corporation, firm, agency, co- partnership or association, and the singular and plural or the masculine or feminine gender. It also includes a public utility or a public or governmental agency. C. "Public right-of-way" means and includes any public 'street, alley, sidewalk, driveway, curb, pavement, gutter, or parkway. D. "Improvement" means and includes any addition, alteration or modification to an existing facility. E. "Public property" includes land, easements and other facilities owned, leased by or otherwise belonging to the City of National City, other than "public rights -of -way". F. "Applicant" and "permittee" means the person or entity that is to benefit from the facility and its installation, as well as the contractor or entity doing the actual installation. G. "Encroachment" means the installation of a physical object in, on, over, or upon real property. The term shall also include the line of sight aerial passage of a beam of light or laser through the airspace over real property. It shall not include any wireless, microwave or radio transmission over real property. 13.12.030 Encroachment permits —Required. A. Except as provided in Subsection 13.12.O30F, it is unlawful for any person to excavate, construct or remove improvements or facilities within, or grade or encroach upon or over, any public right-of-way or public property of the City of National City without a valid encroachment permit issued pursuant to this chapter. B. An encroachment permit shall allow only the designated permittee(s) and their authorized contractors to install, maintain or remove approved facilities within the boundaries and under the terms and conditions specified in the encroachment permit. The term of the permit may be for a specific duration, or unlimited duration conditional, however, upon the removal or relocation of the facility when necessary for reasons of the public health, safety and welfare, or convenience. No person or permittee, including a franchisee or licensee, shall assign or enlarge the scope of an approved encroachment permit to allow another person to install an additional facility within the permitted encroachment without the prior written authorization of the City Engineer or, when applicable, the City Manager or Council, which authorization shall not be unreasonably withheld or denied. C. The City Engineer shall require the benefiting entity or its duly authorized representative, and may also require the installer when necessary to ensure proper project control, to apply for all requisite permits. Financial obligations imposed by this chapter 13.12 shall relate primarily to the responsibility of the permittee who benefits from the installation of the facility. D. As a condition of an encroachment permit, the permittee shall be required to remove or relocate the permitted facility or encroachment at the permittee's sole expense when determined necessary by the City Engineer as an exercise of the city's police power for the 2000 Ordinance 2 Encroachment Permits public health, safety and welfare or convenience. This shall include the right of the City to regrade or realign the streets or to install its own facilities, and require the permittee to remove or relocate its facility at the permittee's expense. A permittee may also be required to pay for the cost of relocating other previously permitted encroachments when necessary to accommodate its facility. E. The permittee shall obtain any business licenses and all other permits or licenses, including construction permits, required by code, statute or regulation pertaining to the installation of the facility, and for complying with all other provisions of law and this Code, including Chapter 6.12 relating to telecommunications, notwithstanding the issuance of an encroachment permit. F. Nothing in this Chapter 13.12 shall prevent excavation for emergency repairs to public utility service connections or other work that is necessary for the immediate protection of life or property, provided a permit is applied for by the end of the third business day following the commencement of work. G. The City Engineer shall have the authority to promulgate rules and regulations necessary to implement this chapter, and to negotiate and issue annual master encroachment permits to repetitive users with due allowance for the requirements of this chapter 13.12. A "repetitive use?" shall refer to any public agency, public utility or other entity with a franchise or license from the city that contemplates repetitive facility installations in the public rights of way and public property. 13.12.040 Encroachment permits —Bonds and insurance. Proof of a performance bond and liability insurance shall be posted by the permittee for each individual or master encroachment permit issued to ensure timely completion of work and to cover damages caused by the work to public right-of-way and property. Comprehensive general liability insurance with a minimum of one million dollars combined single limit per occurrence coverage shall be maintained throughout the term of the permit, except that the City Engineer may require a greater amount of insurance when justified by accepted risk management standards. Statutory liability provisions pertaining to permissibly self -insured entities and joint power agreements or similar agreements with the city meeting the requirements of this chapter 13.12 respecting performance and maintenance criteria may satisfy these requirements. 13.12.050 Encroachment permits —Application. Before any encroachment permit may be issued, the applicant must file with the City Engineer a written application on forms provided by the City. The permit shall be subject to all provisions contained and approved within the application, the City of National City Standard Specifications, Regional and City Standard Drawings, Special Provisions, and Design Standards, and such other conditions as may be imposed by the City Engineer based on accepted engineering practice or as shall be necessary to protect the public health, welfare and safety. 13.12.060 Encroachment permits —Authority of City Engineer. A. The City Engineer may issue a permit to encroach upon, within or over the public right-of-way or other public property of the City of National City only if an applicant for such a permit can demonstrate that: (1) There is a compelling need to use the City right-of-way or property for the applicant's proposed use; (2) The issuance of a permit will not be detrimental to the public health, safety and welfare; 2000 Ordinance 3 Encroachment Permits (3) The applicant is capable and will comply with all the terms, conditions, and restrictions that are incorporated in the permit; and (4) The applicant has complied with all applicable state and federal laws, and has obtained other applicable permits and certifications required under state and federal law. (5) The applicant has reviewed city and other public records pertaining to existing and proposed encroachments and coordinated the details of its facility installation with those facilities and permittees. B. Except with respect to proprietorial information regarding the technology of the cable, facility or customer identity or which could adversely affect an applicant's competitive advantage, the City Engineer shall have the authority to require the applicant, as a condition of permit isQrance, to disclose information deemed necessary to the City's decision making process and make suitable provisions in a reasonable manner regarding: (1) The applicant's proposed methods of use of any lines, wires, cables, conduits, and other equipment in the right-of-way, and pertinent technical details regarding the installation, operation and placement of the facility which is necessary to determine the impact upon the public health and safety and the venue of installation; (2) The quantity and dimensions of applicant's proposed installation of lines, wires, cables, conduits, and other equipment in the right-of-way; (3) The quantity and dimensions of applicant's proposed installation of lines, wires, cables, conduits, or other equipment which will be solely used for the provision of telephone service which is currently certificated by the Public Utilities Commission of the State of California; (4) The specific date(s) applicant proposes to begin using any lines, wires, cables, conduits, and other equipment in the right-of-way; (5) The location of all proposed or future installations by the applicant and all existing lines, wires, cables, conduits, and other equipment in the pertinent vicinity of the applicant's proposed installation in the City of National City right-of-way; (6) The specific traffic safety and environmental measures applicant proposes to use while applicant is excavating or obstructing any right-of-way; (7) Any limitations of time applicable to the use or removal of the facilities; (8) The coordination of the proposed facility installation with anticipated or existing encroachments and other construction or improvement in the affected venue of installation. (9) Traffic and pedestrian safety and control. C. Except as to those matters specifically regulated by the Public Utilities Commission, the Federal Communications Commission, or other state or federal agency, the City Engineer shall have the authority to coordinate and prescribe conditions for the installation, use, duration and removal of the facilities and other encroachments by the permittee and its assigns. These conditions may include submittal of record drawings, U.S.A. "Dig -alert" subscription, joint trench cost sharing, screening of aboveground utility cabinets, coordination of work with other agencies or projects, and full cost reimbursement for reasonable and necessary City inspection services during construction. Additionally, the City Engineer is authorized to require installation to be made underground instead of an aerial placement, when determined to be feasible by the City Engineer and as required by law, and to prohibit or restrict the placement of permanent auxiliary power generators within the right-of-way. The applicant shall be responsible for reviewing city and other public records, and contacting existing City permittees and public: utility companies to determine the location of existing facilities that will impact upon or be impacted by the proposed installation, and provide any necessary assurances or provisions 2000 Ordinance 4 Encroachment Permits regarding non-interference with prior permitted facilities and encroachments. The City reserves the right to require the pennittee to pay the reasonable costs of hiring an inspector or supervisor to oversee the work and protect the City's interests during facility installation. D. Issuance of a permit does not constitute a representation by the City that subsurface conditions are accurately reflected in the records of the City. Each permittee assumes the risk and responsibility for damage to previously installed permitted facilities. Each permittee shall be responsible for repair or reimbursement for damage to or for relocating previous installed facilities, when caused or necessitated by the installation of its facility. The permittee shall notify the City Engineer and any affected prior permittee(s) when relocation may become necessary. E. Each permit shall include a condition that the permittee shall indemnify, defend and hold harmless the City from all liability occasioned from or caused by the installation or. operation of the facility, except that arising from the sole negligence or willful misconduct of the City. F. The City Engineer shall host periodic coordination meetings with potential applicants and current permittees regarding pending applications and proposed construction in the various rights of way and public places. The format of such meetings may be as provided for by existing franchise or license agreements, or as may be determined feasible by the City Engineer. The City Engineer shall not be responsible for obtaining information for any applicant, but shall make existing information available to an applicant for appropriate research and coordination. G. Whenever an exemption or exception from the requirements of this Chapter 13.12 is claimed by an applicant or permittee under the terms of a franchise, an agreement or scope of regulatory preemption, the burden shall be on the applicant or pe'rrmittee to establish the authority, scope and extent of the exemption to the reasonable satisfaction of the City Engineer. The City Engineer shall accept particular provisions from franchises and related agreements that are in substantial conformity with the various requirements of this chapter 13.12 in the administration and issuance of encroachment permits. 13.12.070 Resurfacing of streets. A. In cases of major excavation into city streets, particularly where the street has been resurfaced within three years preceding the work, the permittee may be required by the City Engineer to replace an entire lane of travel when necessitated by the scope of the installation of the facility, rather than to just patch and repair the particular trench. For purposes of this subsection A, major excavation shall be any trench cut greater than four inches (4") in width, or any point of repair that exceeds four feet by four feet (4'x 4'). The dimensions of the lane of travel shall refer to a pavement width of no less than eight feet (8') nor more than twelve feet (12'). The portion to be resurfaced shall not exceed that dimension that will create a smooth interface between the old and new pavement surfaces. This requirement is imposed in order to maintain the road surface in a smooth, steady state for the benefit of motorists, preserve the structural integrity of the affected surface, and avoid the unnecessary future expenditure of public taxes and monies. B. In situations where several excavators are or will be allowed to separately excavate trenches of minor dimension, which, when accumulated, create a major impact to the road surface, comparable to that described in subsection A, the City Engineer may require each permittee to obligate itself to pay a proportional share for resurfacing of the entire lane of travel, and, where necessary and appropriate, to post a security deposit or surety bond guaranteeing it will participate in or fund the costs of the resurfacing and related work necessary to maintain and preserve the integrity of the right-of-way. 2000 Ordinance 5 Encroachment Permits C. The provisions of this section shall apply equally to franchisees and other public and governmental agencies desiring to excavate in the public right-of-way in National City, except as specifically provided otherwise in the terms of a franchise or related agreement pertaining to street maintenance and repair. Determinations made by the City Engineer under sections 13.12.070A and B shall be based on best engineering and management practice. D. Notwithstanding subsection A, permittees who benefit from the facility installation may be required to share prorata in the ongoing costs of repair and street maintenance directly caused by the proportionate impacts of the installation and maintenance of their facility in the right-of-way. 13.12.080 Encroachment permits —Revocation —Penalty for violation of terms. A. The City Engineer is authorized to revoke an encroachment permit upon determining that the permittee has failed to comply with one or more of the material terms, conditions or restrictions incorporated in the permit or has provided materially false or misleading information to the City Engineer regarding the encroachment or its installation. B. Upon the revocation of an encroachment permit, the permittee shall immediately discontinue any work and cease and desist from further encroaching upon the public right-of- way or property of the City of National City. The permittee shall remediate the site to an as -near original condition as shall be feasible under the supervision and direction of the City Engineer in accordance with code and legal requirements in effect at the time of remediation. Installed facilities shall be removed, unless authorized to be disabled and abandoned in place when determined to be feasible by the City Engineer. C. Any permittee who violates any of the terms, conditions or restrictions of an encroachment permit and thereby materially and adversely affects the public health and safety shall be ineligible to receive another encroachment permit from the City Engineer for a period of one (1) year following the date of such determination, unless this restriction is waived by the City Engineer for good cause. 13.12.090 Encroachment permits —Fees. A. Unless otherwise specifically exempted by existing law or prior franchise, license or other contractual agreement, every person shall pay the fee established in the National City Fee Schedule prior to the issuance of an encroachment permit. B. The permit fee for any application which is not defined in the National City Fee Schedule will be determined by the City Engineer based on the following relevant factors: (1) The quantity, nature and impact of the facility proposed to be installed in the right-of-way; (2) The specific date(s) applicant intends to begin using the facility in the right-of-way, and any corresponding impacts to or upon public services; (3) The future cost to the City of any predictable impacts and accelerated degradation of the street surface caused by the proposed excavation or encroachment, as may be determined by reasonably accurate data and methodology for measuring the pavement's structural response to heavy dynamic loads, similar in magnitude and duration to those produced by moving traffic; (4) The actual or reasonably estimated cost to the City of staff time required to ensure the safety of the roadway, the coordination of the application with other applications, and proper restoration of the street surface; 2000 Ordinance Encroachment Permits (5) Whether the timing of the encroachment can be coordinated with an existing or proposed excavation or encroachment in the same location by the City or another applicant without causing unreasonable delay; and (6) Any other expense that is reasonably related to the additional cost that the City may incur as the direct result of the application or as allowed under law. C. In lieu of a fee, or in consideration of special benefits conferred upon the permittee or through a cost sharing joint trench agreement, the City Engineer or City Council, as applicable, may require the permittee to provide a portion of the installed facility or conduit to the City for its future use or allocation, in order to minimize future disruption to the right-of-way. 13.12.100 Nonexclusive use of right-of-way. A. Encroachment permits are non- exclusive. Any permit issued by the City under this chapter which permits the applicant to excavate, construct or remove improvements or facilities, or grade or encroach within any public right-of-way also permit the City to utilize the right -of -way -for its own public purposes during the same time period as the applicant's use. The City may extend the time period of the applicant's proposed use of the right-of-way to suit the city's own public purposes. The City engineer may require the permittee to allow others to utilize the excavation for placement of their separately permitted facilities when justified and necessary, upon payment to the permittee of the proportional share of avoided expense together with any additional expense necessitated by such accommodation, provided such accommodation is feasible and does not delay or adversely impact the permittee. Joint trench agreements under this section shall be required prior to commencement of construction. B. Permittees shall not interfere with facilities installed under prior permits, unless arrangements satisfactory to the City Engineer and the prior permittee are made to protect or relocate the prior facilities at the expense of the subsequent permittee. Notwithstanding, the City shall have the right to remove, relocate or displace any previously allowed or permitted encroachment without liability to a permittee when necessitated by public emergency or the City's exercise of its police power. C. Permittees who fail to provide accurate record drawings shall be financially liable to the City for the City's construction delay costs directly caused by misidentified facility locations installed by the permittee or its contractors. 13.12.110 Appeal. Any person who is aggrieved by the City Engineer's decision with respect to the issuance, denial, or revocation of an encroachment permit or the imposition of a fee or condition under this Chapter may appeal to the City Council within ten (10) days after receiving notification of the City Engineer's decision. A request for appeal must be filed with the City Clerk, and a hearing before the City Council will be scheduled within a reasonable time after the filing of the appeal. 13.12.120 Assignment of encroachment permits or facilities. Assignments of encroachment permits or facilities without authorization of the City are void. Assignment shall not obviate the obligation of the assignor to perform all terms and conditions of the permit and this ordinance, notwithstanding the assignee's assumption of the same. 13.12.130 Safeguarding of Proprietorial information. Applicants subject to this ordinance shall provide all information required by the City, except that which is expressly exempted 'by the terms of section 13.12.060(B)(1). If the Applicant declares any portion of the information to be "proprietorial information", Applicant shall identify the same by notation in 2000 Ordinance 7 Encroachment Permits the applicable applications or questionnaire and provide the information to the City in a separate sealed envelope or container clearly identified as "PROPRIETORIAL INFORMATION", together with information identifying ownership. The City will thereafter either retain that information separately in a secure facility, or will return the material to the Applicant without retention of a copy after having conducted its analysis. Proprietorial information retained by the City will not be released by the City under the Public Records Act (Government Code Sec. 6250, et seq.) to any source without prior notice to the Applicant, except upon receipt of a duly authorized court order. Applicant will be offered the opportunity by the City to intervene and represent the Applicant's interests in protecting said proprietorial information on City's behalf, if the opportunity is declined, then the City shall have no further obligation to protect or defend the non -release of the designated proprietorial information or portions thereof. Any proprietorial information previously returned to an Applicant that was relied upon by the City in framing the terms and conditions of a permit shall be conclusive and binding as to Applicant and non - contestable in any subsequent administrative or judicial proceeding involving the permittee regarding that permit. 13.12.140 Alternative administrative hearing provisions for appeals. Upon the mutual election of the City Manager and the Applicant or Permittee, appeals may be determined by an administrative examiner who shall be a member of the American Arbitration Association or similar body mutually acceptable to both parties, or an Administrative Law Judge assigned by the State of California Office of Administrative Hearings. The formal rules of evidence and procedure shall not be applicable to the proceedings, except that any evidence that is relevant and probative or admissible over objection in a civil proceeding shall be admissible during the hearing. The findings and conclusions of the administrative examiner shall be based on "substantial evidence" and be presented in an administrative record, the results of which shall thereafter constitute the exhaustion of administrative remedy and be subject to judicial review by writ of mandamus under Code of Civil Procedure Section 1094.6. 13.12.150 Violations and enforcement. Violation of Sections 13.12.030 or 13.12.080B is a misdemeanor. Each day a violation exists is a separate violation, and each violation may be charged as a separate offense. Violations may be enforced by civil, criminal or administrative measures, or combination, as provided for in Title 1 of this Code. PASSED and ADOPTED this day of . , 2000. George H. Waters, Mayor Al-1'hST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, ffi City Attorney 2000 Ordinance 8 Encroachment Permits City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 14 AGENDA ITEM NO. (-ITEM TITLE REQUEST FOR DIRECTION FROM CITY COUNCIL REGARDING THE DRAFT LEASE AGREEMENT BETWEEN CALTRANS AND THE CITY OF NATIONAL CITY FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE PALM AVENUE AND DIVISION STREET INTERSECTION. "THE BRIDGE PROPOSAL" PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION SEE ATTACHED Environmental Review X N/A Financial Statement The ten year cost of the lease is $5,120. There are two ten-year renewal terms allowed by the lease. The ase requires that any rent charged to subleases by the City must be forwarded to the State. Account No. STAFF RECOMMEND 10 Request direction from Council regarding hgw to proceed with the lease negotiations with Caltrans and with sub -tenants. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Draft Lease Agreement between City and Caltrans Resolution No. A (9/80) RE: REQUEST FOR DIRECTION FROM CITY COUNCIL REGARDING THE DRAFT LEASE AGREEMENT BETWEEN CALTRANS AND THE CITY OF NATIONAL CITY FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE PALM AVENUE AND DIVISION STREET INTERSECTION. "THE BRIDGE PROPOSAL" On November 9, 1999 the City Council heard a presentation from Operation Samahan and the US Institute of Amateur Athletics regarding their desire to use the property located at the northwest corner of the Palm Avenue and Division Street intersection for facilities they plan to build. The project was called "the Bridge Project." Council directed that the staff "move forward" with the project as proposed. Senate Bill 160 allows the City of National City to lease the property from Caltrans for "community benefit and social services purposes." Staff has, over the past year, gone through an iterative process to negotiate a lease with Caltrans that allows the City to sublease the property to Operation Samahan and USIAA. There have been a number of hurdles in the negotiations. The biggest issue being that Caltrans wanted a full set of project plans to base the lease upon. We argued that it would be financially infeasible to prepare a complete set of project plans when rights to the property are not secured by a lease. Caltrans agreed, but stipulated in the draft lease that improvement plans must conform to their standards and be subject to their review and approval It also requires that Caltrans and the Federal Hghway Administration must approve any sub -tenant. The current lease does not specifically mention operation Samahan or USIAA, although they have been involved in the preparation of the draft lease. We must still prepare a lease agreement with these sub -tenants, or any other sub -tenant that Council directs. The City Attorney has reviewed the lease and it may change in some particulars. However the substance of the lease will remain the same. It will be brought back to the City Council when it is ready for execution. This issue before the City Council today is a status report and a request for direction. Since the meeting on November 9, 1999 there has been mention of sub -tenants other than Operation Samahan and USIAA. Should staff continue to work on a lease agreements with these two entities or others? STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 11 P.O. BOX 85406 SAN DIEGO, CA 92186-5404 Fax: (619) 688-2570 (619) 688-6947 September 14, 2000 Mr. Steve Kirkpatrick City of National City Office of the City Engineer 1243 National City Boulevard National City, CA 91950-4397 Dear Mr. Kirkpatrick: GRAY DAVIS, Governor 11-SD-805. PM 11.2 11-SDX805-0012-01 CRY OF NATIONN14L CITY ENGINEERING DEPT. RECEIVED bete----- �-1..�.���a•----a kri Enclosed is a corrected draft for the proposed lease of Airspace parcel 11-SD-805-12A and 12B (FLA). Preparation of the lease format is the result of extensive coordination with Caltrans Headquarters, Caltrans Legal and the several divisions of District 11. The special circumstances of your proposed sublessees and the legislation passed in State SB 160 made this coordination necessary. As you probably recall, the proposed sublessees, Samahan and USIAA made it clear that they would not develop plans until they were certain a lease was obtained by City of National City. In our last. communication I proposed to write a short-term lease which would give your subtenants time to develop their plans for the community benefit and social services project known as "The Bridge." As it turns out, the complications of writing a short term -lease were no less accommodating than writing a lease for the full term suggested in SB 160. Therefore, the lease is written for ten years, extendable to twenty or thirty years per the stipulation of SB 160. It must be clear between our agencies that the lease is very restrictive in its wording. The effect of the wording is that Caltrans must review and approve any development on the property to the same standard we would require for any other long-term, improvements development lease. Your proposed sublessees will have to provide complete and professional engineering plans to Caltrans District 11 for approval by our District Airspace Review Committee (DARC) before any improvements can be allowed on the Airspace property. Once the improvements are approved, a lease amendment will be written to allow construction and to deal with protecting your sublessee's investment in those improvements. No such arrangements can be made until development plans are reviewed and approved by Caltrans. Further, no use is permitted for any other purposes than those specified in SB 160. The dates in the proposed lease draft are arbitrary and can be changed to allow more time for your review if necessary. There remains much to be done to approve your ultimate project. The proposed lease will provide a time frame within which all parties can proceed. If you have any questions about this process or the details of the proposed lease, please phone me at (619) 688-6947. Sincerely, CHARLES CARRILLO Airspace Manager District 11 Right of Way Enclosures CC:FBirchmore STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AIRSPACE GROUND LEASE FOR COMMUNITY BENEFIT AND SOCIAL SERVICE PURPOSES LEASE AREA No. 11-SDX805-12 THIS LEASE is written pursuant to legislative act by the State of California known as State Senate Bill 160, also known as the State Budget Bill of 1999, item 14(a) "The Department may lease the airspace under the interchange at Palm Avenue and Division Street in San Diego County to any city, county, or other political subdivision, or any state agency, for community -benefit and social service purposes. The Department may provide information to those entities regarding the lease of that airspace for that use. The lease shall be for$1 per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee." 14(b) "This lease shall also provide for the cost of administering the lease. The administrative fee shall not exceed $500 per year unless the department determines that a higher administrative fee is necessary." 14(c) "Upon request of the City of National city, the department may renew the lease for the period requested by the city, but not exceed 10 years, and may, subsequent to that renewal, agree to not more than two additional renewals of not more than 10 years each." THIS LEASE dated September 30, 2000 is by and between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called "Landlord," and CITY OF NATIONAL CITY, hereinafter called "Tenant." WITNESSETH For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by the Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises herein described for the term, at the rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth. ARTICLE 1. SUMMARY OF LEASE PROVISIONS LANDLORD: DEPARTMENT OF TRANSPORTATION TENANT: CITY OF NATIONAL CITY PREMISES: Near the interchange of Highway 805, Palm Avenue and Division Street located in National City and City of San Diego, County of San Diego, State of California, known to Landlord as 11-SD-805-12 and more particularly described in Article 2 of this lease. LEASE TERM: Ten (10) years, commencing October 1, 2000 and expiring on September 30, 2010 (Article 3), plus two (2) additional ten-year (10-year) renewal options beginning October 1, 2010 and ending September 30, 2030 if elected RENT: $1.00 per month, plus $500.00 per year administrative fee (Article 4) ADJUSTMENT TO RENT: Not applicable USE: Community Benefit and Social Service Purposes. LIABILITY INSURANCE: $5 Million (Article 9) LEASE AREA NO. 11-SDX805-12 ADDRESS FOR NOTICES: (Article 19) To Landlord: DEPARTMENT OF TRANSPORTATION, DISTRICT 11 — RIGHT OF WAY PO Box 85406 San Diego, CA 92186-5406 To Tenant: CITY OF NATIONAL CITY, CITY MANAGER 1243 National City Boulevard National City, CA 91950 References in this Article 1 to the other Articles are for convenience and designate other Articles where references to the particular item contained in the Summary of Lease Provisions appear. Each reference in this Lease to the Summary of Lease Provisions contained in this Article 1 shall be construed to incorporate all of the terms provided under the Summary of Lease Provisions. In the event of any conflict between the Summary of Lease Provisions and the balance of the Lease, the latter shall control. ARTICLE 2. PREMISES Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, those certain premises known as Airspace Lease Area No.11-SDX805-12, situated in the City of National City and City of San Diego, County of San Diego, said land or interest therein being shown on the map or plat marked "Exhibit A," attached, hereto and by this reference made a part hereof, and more particularly described as follows:" All that certain real property situated, lying, and being in the City of San Diego and in the "City of National City, County of San Diego, State of California, described as: THAT portion of lot 70, of Ex Mission Lands of San Diego (commonly called Horton's purchase), according to map thereof No. 283, filed in the San Diego County recorder's Office, on March 9, 1878, conveyed to the State of California in a deed recorded on May 21, 1971, as File No. 105932 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a Final Order of Condemnation recorded on May 16, 1972, 183419 in said recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on December 31, 1969, as File No. 236282 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on November 13, 1969, as File No. 207832 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on October 6, 1970, as File No. 181572 in said Recorder's Office, TOGETHER WITH Lot 3 and portions of Lots 1,2,4,5, and 31, according to map thereof No. 3153, filed on November 4, 1954, in said County Recorder's Office, conveyed to the State of California in a Final Order of Condemnation recorded April 26, 1972, as file No. 103745 in said Recorder's Office, TOGETHER WITH a portion of Lots 1 and 2 of Millerton, according to map thereof No. 1608, filed on November 7, 1913, in said County Recorder's Office, conveyed to the State of California in a deed recorded on August 14, 1970, as File No. 144917 in said County Recorder's Office , All lying within the following described area: BEGINNING at the Northwesterly terminus of that course shown as "N.59°31'47"W. 107.30 feet" in Parcel-9 of Relinquishment No. 24006 to the City of National City, recorded on September 2, 1975 as File No. 75-235593 in said County Recorder's Office; Page 2 of 26 LEASE AREA No. 11-SDX805-12 Thence (1) along the Northeasterly line of said Parcel-9, from a tangent which bears S. 72°15'46"W., along a curve to the right, having a radius of 30.00 feet, through a central angle of 63°58'57", an arc distance of 33.50 feet; thence (2) leaving said curve and continuing along said Northeasterly line N.43°45' 17"W., 244 feet, to the beginning of a tangent curve to the right, having a radius of 599 feet; thence (3) continuing along said Northeasterly line, along said curve to the right, through a central angle of 10°57'28", an arc distance of 114.56 feet; thence (4) leaving said Northeasterly line along the Northerly extension of said curve through a central angle of 47°55'02", and an arc distance of 500.96 feet; thence (5) N. 67°17'50" E., 54.00 feet; thence (6) S.25°05'02" E., 463.03 feet thence (7) S.33°56'57"E., 384.76 feet; thence (8) S72°15'46"W., 121.48 feet to the POINT OF BEGINNING. Containing 3.110 acres, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 6. Multiply all distances shown by 0.9999942 to obtain ground level distances. EXCEPTING THEREFROM all those portions of the above -described property occupied by the supports and foundations of the existing structure. ALSO EXCEPTING THEREFROM all that portion of said property above a horizontal plane five (5) feet below the underside of the superstructure of the existing structure, which plane extends to a line fifteen (15) feet, measured horizontally, beyond the outermost protrusion of the superstructure of said existing structure, as shown on the diagram marked exhibit "B," attached hereto and by this reference made a part hereof. This Lease is subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other matters of record, (2) all matters discoverable by physical inspection of the Premises or that would be discovered by an accurate survey of the Premises and (3) all matters known to Tenant or of which Tenant has notice, constructive or otherwise including, without limitations, those shown on Exhibit "A" attached hereto and made a part thereof. ARTICLE 3. TERM The term of this Lease shall be for ten (10) years, commencing October 1, 2000 and expiring on September 30, 2010. Tenant may renew this Lease for two (2) additional ten-year (10-year) terms. Tenant shall provide Landlord with written notice of its intent to renew the Lease not later than thirty (30) days before the expiration of the term or the expiration of the first renewal period, as applicable. Page 3 of 26 LEASE AREA No. 11-SDX805-12 ARTICLE 4. RENT 4.1 Rent Tenant shall pay to Landlord, without deduction, setoff, prior notice, or demand, the sum of $1.00 a month in advance for ten (10) years, plus $500 stipulated annual processing fee in advance for ten (10) years, totaling $5,120.00, as payment in full for the initial ten-year term. .In accordance with section 104.21 of the Streets and Highways Code, this total sum includes rent in the sum of $120.00 and administrative costs in the sum of $5000.00. If, pursuant to Article 3, Tenant requests renewal of the lease for an additional term, Tenant shall pay to Landlord as rent the sum of $5,120.00 before the commencement of the additional term. Landlord recognizes that Tenant may sublease all or part of the premises. All rent received by Tenant from any such subtenants shall be immediately and irrevocably assigned and paid to Landlord as rent in addition to any other amounts paid by Tenant under the terms of this Lease. All rents shall be made payable to the Department of Transportation and delivered to the DEPARTMENT OF TRANSPORTATION, Cashier, PO Box 168019, Sacramento, CA 95816-3819. 4.2 Reevaluation on Change in Use Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.4 as a condition to Landlord's approval of any use of the leased premises not specifically permitted by Section 5.1 and as a condition to any amendment to or changes in the uses permitted by that section. If such reevaluation is made, the provisions of Section 4.4 shall be followed except that in determining the fair market lease rate the appraisers shall also be instructed to consider the new uses to which the premises may be put as a result of Landlord's approval of those additional uses. 4.3 Reevaluation on Transfer Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.4 as a condition to Landlord's approval of any transfer, or assignment of this Lease or any subletting of all or any portion of the leased premises 4.4 Establishment of New Minimum Monthly Rent If Landlord elects not to terminate the Lease upon a change in use or upon assignment, sublease, encumbrance or transfer, a fair market lease rate shall be determined in the manner set forth below and shall be established as the minimum monthly rent commencing on the effective date of the change in use or the effective date of the assignment, sublease, encumbrance or transfer. The term "fair market lease rate" means the highest lease rate estimated in terms of money which the leased premises, excluding improvements constructed by Tenant thereon, would bring if exposed for lease in the open market, with a reasonable time allowed to find a tenant, leasing with full knowledge of the purpose and uses to which the leased premises is being put and the restrictions on use contained in Section 5.1 of this lease. The parties intend to establish the fair market lease rate through negotiation. However, if Landlord and Tenant have not agreed upon the fair market lease rate for the leased premises at least one -hundred eighty (180) days before the date of the scheduled commencement of the new minimum monthly rent as set forth above, then each party shall appoint an appraiser, who is a member of the American Institute of Real Estate Appraisers (M.A.I.) and who has appraised property put to commercial or industrial uses in San Joaquin County, and notify the other party of such appointment. Each party shall use its best efforts to give the notice of appointment to the other party at least one hundred fifty (150) days before the said commencement date. Landlord shall set the time and place for a conference between the parties hereto and said two appraisers, which conference shall be held within thirty (30) days of the receipt of notice of appointment by both parties. At such conference, the parties shall agree upon the general instructions to be given to said Page 4 of 26 LEASE AREA No. 11-SDX805-12 appraisers. The appraisers shall be instructed that in determining the fair market lease rate they shall consider the use to which the premises are being put and shall not consider the highest and best use for the premises without regard to the restrictions on use of the premises contained in the Lease. It is the intent of the Landlord and Tenant that the rent payable under this Lease not be less then the fair market rental value of the leased premises, and the purpose of Section 4.2 is to assure the establishment of this rent and to prevent a bonus value from accruing to either party. The appraisers shall be instructed as to this intent. The general instructions shall not place any additional limitations upon the appraisal techniques to be employed by the appraisers in the evaluation of the rent. Within forty-five (45) days after receiving said instructions, each of the appraisers shall deliver copies of a fully -documented signed written report containing an opinion of the fair market lease rate for the leased premises to Landlord and Tenant. When in receipt of both appraisals, Landlord shall set a time and place for a conference. Those to be in attendance at the conference shall include: (a) representatives of Landlord, (b) representative of Tenant, and (c) the two appraisers. The parties shall endeavor to reach agreement on the adjusted rent. If the parties cannot agree on the amount of the adjusted rent, the Landlord's and Tenant's appraisers shall select a third appraiser. Said third appraiser shall be allowed access to the two reports, shall prepare a third appraisal, and shall submit one copy of same to Landlord and Tenant within thirty (30) days of his selection as appraiser. Landlord and Tenant shall each pay for their respective appraisals and, if a third appraisal is necessary, each shall pay one-half (1/2) of the fees and expenses for said third appraisal. The determination of the fair market lease rate for the leased premises by the third appraiser, as documented in his signed written report submitted to the parties, shall be binding on Landlord and Tenant. The signed report shall be received at least thirty (30) days before the date of the scheduled commencement of the new minimum monthly rentas set forth above or on such other date upon which the parties shall have agreed. It is the intent of Landlord and Tenant that the time limitations specified in Section 4.2 are guidelines only and not mandatory. The failure to meet any of the time limitations set forth in Section 4.2 shall not prevent a reevaluation from occurring so long as Landlord requests the reevaluation prior to the scheduled commencement date of the new minimum monthly rent. If the fair market lease rate for the leased premises shall not have been determined prior to the date of the scheduled commencement of the new minimum monthly rent as set forth above, Tenant shall continue to pay the same rent as was being paid in the preceding period until a final determination has been made. Within thirty (30) days after such final determination is made, Tenant shall pay to Landlord the amount of difference between the rent actually paid during the period between the scheduled date of commencement of the new minimum monthly rent and the date the final determination is made and the amount of rent which should have been paid had the determination of the new minimum monthly rent been timely. Such payment shall include interest thereon at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the date of the scheduled commencement of the new minimum monthly rent until payment is made. For the purposes of this section, the applicable Federal Reserve Board discount rate shall be that which exists on the date of the scheduled commencement of the new minimum monthly rent. ARTICLE 5. USE 5.1 Specified Use The premises shall be used and occupied by Tenant only and exclusively for Community Benefit and Social Services Purposes and for no other purpose whatsoever without obtaining the prior written consent of Landlord and the concurrence of the Federal Highway Administration. Landlord expressly reserves the Page 5 of 26 LEASE AREA No. 11-SDX805-12 right to establish a new minimum monthly rent in the manner provided in Section 4.2 and 4.3 as a condition to landlord's approval of any use of the premises not specifically permitted by this section. 5.2 Condition of Premises Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all existing and future applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of Tenant's business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Lease. Except as may be otherwise expressly provided in this Lease, Tenant agrees to accept the Premises in its presently existing condition "as is", and that the Landlord shall not be obligated to make any improvements or modifications thereto except to the extent that may otherwise be expressly provided in this Lease. Tenant represents and acknowledges that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Lease (including investigation of the surface, subsurface and groundwater for contamination and hazardous substances) and is satisfied that the Premises will safely support the type of improvements to be maintained by Tenant upon the Premises, that the Premises are otherwise fully fit physically and lawfully for the uses required and permitted by this Lease and that Tenant accepts all risks associated therewith. Tenant agrees that, except as otherwise expressly provided in this Lease, Tenant is solely responsible without any cost or expense to the Landlord to take all actions necessary, off as well as on the premises to improve and continuously use the Premises as required by this Lease and in compliance with all applicable laws and regulations. 5.3 Compliance with Law Tenant shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall not allow the premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the premises. Tenant shall not commit or suffer to be committed any waste in or upon the premises. 5.4 Petroleum Products Tenant shall not install facilities for, nor operate on the land above or below a highway or freeway, a gasoline or petroleum supply station, nor shall the transportation or storage of gasoline or petroleum products be permitted under the structures, except those products stored within an operable vehicle for exclusive use by that vehicle. 5.5 Explosives and Flammable Materials The premises shall not be used for the manufacture of flammable materials or explosives, or for any storage of flammable materials, explosives or other materials or other purposes deemed by Landlord to be a potential fire or other hazard to the transportation facility. The operation and maintenance of the leased premises shall be subject to regulations of Landlord so as to protect against fire or other hazard impairing Page 6 of 26 LEASE AREA No. 11-SDX805-12 the use, safety and appearance of the transportation facility. The occupancy and use of the area shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the traveled way of the transportation facility. 5.6 Hazardous Materials Hazardous materials are those substances listed in Division 4.5, Chapter 11, Article 1 through 5 of Title 22 of the California Code of Regulations or described for toxicity, reactivity, corrosivity or flammability criteria, as well as any other substance which poses a hazard to health or environment. Except as otherwise expressly permitted in this Lease, Tenant shall not use, create, store or allow any hazardous materials on the premises. Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted. In no case shall Tenant cause or allow the deposit or disposal of any hazardous materials on the leased premises. Landlord, or its agents or contractors, shall at all times have the right to go upon and inspect the leased premises and the operations thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or the testing of soils or underground tanks on the premises. Breach of any of these covenants, terms and conditions shall give Landlord authority to immediately terminate this Lease. It is the intent of the parties hereto that Tenant shall be responsible for and bear the entire cost of removal and disposal of hazardous materials introduced to the premises during Tenant's period of use and possession as owner, operator or Tenant of the premises. Tenant shall also be responsible for any clean up and decontamination on or off the leased premises necessitated by the introduction of such hazardous materials on the leased premises. Tenant shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the premises by any party other than Tenant during any period prior to commencement of Tenant's period of use and possession of the leased premises as owner, operator or Tenant. Landlord shall be responsible for removal of hazardous material introduced to the leased premises from a highway accident or other occurrence on the overhead freeway structure. Tenant shall further hold Landlord, and its officers and employees, harmless from all responsibility, liability and claim for damages resulting from the presence or use of hazardous materials on the premises during Tenant's period of use and possession of the premises. 5.7 Signs Tenant shall not construct, erect, maintain or permit any sign, banner or flag upon the premises without the prior written approval of Landlord. Tenant shall not place, construct or maintain upon the premises any advertising media that include moving or rotating parts, searchlights, flashing lights, loudspeakers, phonographs or other similar visual or audio media. The term "sign" means any card, cloth, paper, metal, painted or wooden sign of any character placed for any purpose on or to the ground or any tree, wall, bush, rock, fence, building, structure, trailer or thing. Landlord may remove any unapproved sign, banner or flag existing on the premises, and Tenant shall be liable to and shall reimburse Landlord for the cost of such removal plus interest from the date of completion of such removal. 5.8 Landlord's Rules and Regulations Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate for the protection of the transportation facility and the safety of the traveling public. Landlord reserves the right from time to time to make reasonable modifications to said rules and regulations. The additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. 5.9 Wrecked Vehicles Tenant shall not park or store wrecked or inoperable vehicles of any kind on the leased premises. Page 7 of 26 LEASE AREA No. 11-SDX805-12 5.10 Vending Tenant shall not conduct or permit the vending or sale of any goods or services upon the premises except as specifically permitted under Section 5.1. 5.11 Water Pollution Control Tenant shall fully conform to the requirements of the Department of Transportation statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003 adopted by the State Water Resources Control board on July 15, 1999. This permit regulates storm water and non -storm water discharges associated with activities within Department of Transportation right of way. Tenant shall develop, implement, and maintain a Facilities Pollution Prevention Plan (FPPP), describing the pollution prevention practices associated with activities on facilities located within the Department of Transportation right of way. Tenant shall comply with the statewide NPDES Storm Water Permit by incorporating storm water management into its operational activities. The FPPP will accomplish compliance by implementing Best Management Practices (BMPs) described in the Department of Transportation Statewide Storm Water Management Plan (SWMP). Copies of the Permit and the Department of transportation SWMP may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 royal Oaks drive, Sacramento, California, 98518, Telephone (916) 445-3520. Tenant shall not allow the unauthorized discharge of storm water runoff into private or public storm water drainage systems. Tenant must comply with State and federal storm water pollution control standards, including those of the State Water Resources Control Board, and the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under jurisdiction of the above agencies. To minimize the discharge of pollutants, spilled or leaked fluids, and any other wastewater into the storm water drainage system, Tenant shall not allow the washing, fueling and repair of vehicles and equipment on the site. To minimize the discharge of pollutants from storm water resulting from contact with hazardous materials, Tenant shall not allow the storage or stockpile of hazardous materials on the site. Landlord, or its agents or contractors shall at all times have the right to go upon and inspect the site and the operations therein to assure compliance with the requirements herein stated. Inspection may include taking samples of substances and materials present for testing, and/or the testing of storm water systems or watercourses on the site ARTICLE 6. IMPROVEMENTS 6.1 Construction of Improvements and Alterations Tenant shall not place any improvements in, on, or upon the premises, nor shall Tenant make any alterations to said premises without the prior written consent and approval of Landlord and the Federal Highway Administration. 6.2 Standard of Construction Tenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements, (b) be subject to the approval of Landlord, the State Fire Marshall and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the lease. Tenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility Page 8 of 26 LEASE AREA No. 11-SDX805-12 situated on the leased premises or on adjoining real property. Tenant shall save Landlord harmless of and from any loss or damage caused by reason of the construction or use of said improvements. 6.3 Encroachment Permit Tenant, prior to construction or alteration of any improvements on or of the leased premises, shall obtain an executed Encroachment Permit from Landlord. Issuance by Landlord of an Encroachment Permit shall be contingent upon Tenant's providing the following: (a) Final construction plans and detailed specifications. All such plans and specifications submitted by Tenant to landlord shall be subject to the review and approval of Landlord, the State Fire Marshall and the Federal Highway Administration. (b) Evidence of coverage that assures Landlord that sufficient monies will be available to complete the proposed construction or alteration. The amount of coverage shall be at least equal to the total estimated construction costs. Such coverage shall take one of the following forms: (1) Completion bond issued to Landlord as obligee. (2) Performance bond and labor and material bond or Performance bond containing the provisions of the labor and Material bond supplied by Tenant's contractor or contractors, provided said bonds are issued jointly to Tenant and Landlord as obligees. (3) Any combination of the above. All bonds shall be issued by a company qualified to do business in the State of California and acceptable to Landlord. All bonds be in a form acceptable to Landlord and shall ensure faithful and full observance and performance by Tenant of all terms, conditions, covenants and agreements relating to the construction of improvements within the leased premises. Liability insurance as provided in Section 9.2. Fire insurance as provided in Section 9.3. A copy of a building permit issued by the appropriate local jurisdiction. A copy of Tenant's contract with the general contractor actually performing construction. Final landscaping and irrigation plans and detailed specifications including a maintenance plan for litter removal, watering, fertilization and replacement of landscaping. Evidence of compliance with the applicable provisions of all federal, state and local environmental statutes, laws, regulations and ordinances. Memorandum from City of San Diego agreeing to allow City of National City use of that portion of Lease Area 11-SDX805-12 which falls within the jurisdiction of the City of San Diego for the purposes set forth in this Lease. Tenant agrees to diligently apply for and meet all requirements for issuance of Encroachment Permit and Landlord agrees to not unreasonably withhold issuance of said Encroachment Permit. Tenant is obligated to deliver to Landlord the documents described in subdivisions (a) through (h) of this section regardless of whether an Encroachment Permit may have been issued inadvertently before these documents have been provided to Landlord. 6.4 Standard of Construction Tenant agrees that any improvements or construction upon the premises shall: (c) (d) (e) (fl (g) (h) (i) Page 9 of 26 LEASE AREA No. 11-SDX805-12 (a) be consistent with all fire safety requirements. (b) be subject to the approval of Landlord and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the same. Tenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Tenant shall save Landlord harmless of and from any loss or damage caused by reason of the construction of said improvements. 6.5 "As -Built" Plans Within ninety (90) days after completion of construction of improvements or alterations, Tenant shall furnish Landlord, at Tenant's expense, one set of "As -Built" plans, according to a scale and size designated by Landlord, showing said improvements as constructed in detail, including the location of underground and aboveground utility lines. ARTICLE 7. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY 7.1 Ownership of Improvements During Term All improvements constructed on the premises by Tenant as permitted or required by this Lease shall, during the term of this Lease, be and remain the property of Tenant; provided, however, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this lease and Tenant's interest in such improvements shall terminate upon the expiration or earlier termination of this Lease. Tenant shall not remove any improvements from the premises nor waste, destroy or modify any improvements on the premises, except as specifically permitted by this Lease. At the expiration or termination of this lease, all improvements constructed on the premises by Tenant shall vest in Landlord. Tenant shall deliver said improvements to Landlord in good condition and repair, reasonable wear and tear excepted, without compensation to Tenant, any subtenant or third party, free and clear of all claims to or against them by Tenant, subtenant or third party, and Tenant shall defend and hold Landlord harmless from all liability arising from such claims or from the exercise by Landlord of its rights under this section. In the event said improvements are not delivered to Landlord in good condition and repair, reasonable wear and tear excepted, Landlord shall make the necessary maintenance and repairs and Tenant shall be liable to and shall reimburse Landlord for any such expenditures made, plus interest as provided in Section 20.11 from the date of completion of work. Landlord and Tenant covenant for themselves and all persons claiming under or through them that the improvements are real property. 7.2 Removal of Personal Property and Ownership at Termination At the expiration or earlier termination of this lease, Landlord may, at Landlord's sole election, require the removal from the premises, at Tenant's sole cost and expense, of all personal property (other than fixtures), or of certain personal property (other than fixtures), as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to take effect on any other termination of the term of this Lease shall be effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination. Tenant shall be liable to Landlord for costs incurred by Landlord in effecting the removal of personal property which Tenant has failed to remove after demand pursuant to Section 7.2. Tenant may remove any personal property from time to time within forty-five (45) days of the expiration of the term. Tenant shall repair all damage (structural or otherwise) caused by any such removal. Any personal property not removed by Tenant within forty-five (45) days following expiration of the term shall be deemed to be abandoned by Tenant and shall, without compensation to Tenant, become the Landlord's property, free and clear of all claims to or against them by Tenant or any other person. 7.3 Removal of Improvements at Termination Page 10 of 26 LEASE AREA No. 11-SDX805-12 Upon the expiration or earlier termination of this lease, Landlord may, upon written notice, require tenant to remove, at the sole cost and expense of Tenant, and not later than ninety (90) days after the expiration or earlier termination of this lease, all structures, buildings and improvements of any kind whatsoever placed or maintained on the premises, whether below, on or above the ground by Tenant or others, including, but not limited to, foundations, structures, buildings, utility lines, switchboards, transformer vaults and all other service facilities constructed or installed upon the premises; and Tenant shall, upon the expiration or earlier termination of this Lease, immediately restore, and quit and peacefully surrender possession of the premises to Landlord in at least as good and usable condition, acceptable to Landlord, as the same was in at the time of first occupation thereof by Tenant or others, ordinary wear and tear excepted, and shall, in any event, leave the surface of the ground in a level, graded condition, with no excavations, holes, hollows, hills, or humps. Should Tenant fail to so remove said structures, buildings and improvements and restore the premises, Landlord may sell, remove or demolish the same, and in the event of said sale, removal or demolition, Tenant shall reimburse Landlord for any cost or expense thereof in excess of any consideration received by Landlord as a result of such sale, removal or demolition. ARTICLE 8. MAINTENANCE AND REPAIRS 8.1 Tenant's Obligations Tenant, at its own cost and expense, shall maintain the leased premises, improvements and landscaping thereon, including fences, and guardrails heretofore, or hereafter erected, in first class order, repair and condition and in compliance with all requirements of law. Tenant shall also, at its own cost and expense, install or provide for the installation of all required lighting on the leased premises and shall maintain the lighting in first class order, repair and condition. Landlord and Tenant recognize that because of the length of the term of this Lease it may be necessary for Tenant to perform certain substantial maintenance, repair, rehabilitation or reconstruction (hereinafter collectively referred to as "repair" or "repairs") of the improvements in order to ensure that the premises are kept in first-class order, repair and condition. "First-class order, repair and condition", as used herein, shall mean the maintenance, repair, renovation or replacement of buildings, equipment, furniture, fixtures, landscaping and appurtenances necessary to keep the premises in efficient and attractive condition, given the nature and age of the improvements at any time during the term of this Lease. Landlord and Tenant do not intend by the immediately preceding sentence that a property item is not first-class merely because of ordinary and reasonable wear and tear that does not materially and substantially reduce the attractiveness and utility of the item given the nature and age of the improvements at any time during the term of this Lease. Tenant hereby expressly waives the right to make repairs at the expense of Landlord and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code or any successor thereto. Tenant shall take all steps necessary to protect effectively the fences, guardrails, and the piers and columns, if any, of the structure from damage incident to Tenant's use of said premises and improvements, all without expense to Landlord. Tenant shall, at its own cost and expense, repair in accordance with Landlord's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and columns, caused by Tenant, subtenants, invitees or other third parties. At Tenant's request, Landlord will repair the damage to its property and Tenant agrees to reimburse Landlord promptly after demand for the amount Landlord has reasonably expended to complete the repair work. Tenant shall designate in writing to Landlord a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order. 8.2 Landlord's Rights In the event Tenant fails to perform Tenant's obligations under this Article, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the premises. If within thirty (30) days after Landlord sends written notice to repair, Tenant fails to do the work and diligently proceed in good Page 11 of 26 LEASE AREA No. 11-SDX805-12 faith to prosecute it to completion, Landlord shall have the right, but not the obligation, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand plus interest from the date of completion of such work to date of payment. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the premises by Tenant as a result of performing any such work. ARTICLE 9. INSURANCE 9.1 Exemption of Landlord from Liability This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes resulting from the operation or use of the premises by Tenant, its agents, customers or business invitees. Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, cost and obligation on account of any such injuries or losses. 9.2 Liability Insurance Tenant shall at its own cost and expense procure and keep in force during the term of this Lease bodily injury liability and property damage liability insurance adequate to protect Landlord, its officers, agents and employees, against any liability to the public resulting from injury or death of any person or damage to property in connection with the area, operation or condition of the premises, including any and all liability of Landlord for damage to vehicles parked on the leased premises. Such insurance shall be in an amount of not less than $5,000,000 combined single limit for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant. All insurance required hereunder shall be with companies to be approved by Landlord. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry. Said policies shall name the State as an additional insured and shall insure against the contingent liabilities, if any, of Landlord and the officers, agents, and employees of Landlord and shall obligate the insurance carriers to notify Landlord, in writing, not less than thirty (30) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the State of California, its officers, agents, or employees. Tenant shall furnish to Landlord a Certificate of Insurance acceptable to Landlord within not more than ten (10) days after execution thereof. Landlord shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Landlord, the insurance provisions in this Lease do not provide adequate protection for Landlord and for members of the public using the leased premises, Landlord may require Tenant to obtain insurance sufficient in coverage, form and amount to provide adequate protection. Landlord's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. Landlord shall notify Tenant in writing of changes in the insurance requirements; and if Tenant does not deposit copies of acceptable insurance policies with Landlord incorporating such changes within sixty (60) days of receipt of such notice, this Lease may be terminated, at Landlord's option, without further notice to Tenant, and be of no further force and effect. 9.3 Fire and Extended Coverage Insurance Tenant shall obtain and keep in effect at all times during the term of this Lease fire and extended coverage insurance upon all buildings, structures and improvements constructed on the premises Such policy or policies of insurance shall be for not less that one hundred percent (100%) of the full replacement value of the property covered and shall provide for payment of losses to Tenant. Landlord shall be named as an additional insured on all fire and extended coverage insurance policies placed on the buildings, structures Page 12 of 26 LEASE AREA No. 11-SDX805-12 and improvements on said premises. The full replacement value of the buildings, structures and improvements to be insured under this section shall be determined by the company issuing the insurance policy at the time the policy is initially obtained. Not more frequently than once each year, either party shall have the right to notify the other party that it elects to have the replacement value re -determined by an insurance company. The predetermination shall be made promptly and in accordance with the rules and practices of the Board of Fire Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the predetermination. 9.4 Failure to Procure and Maintain Insurance If Tenant fails to procure or maintain the insurance required by this Article in full force and effect, Landlord may take out insurance and pay the premiums thereon. The repayment of those premiums, plus payment of interest from the date such insurance is obtained, shall be the sole obligation of Tenant and shall be deemed to be additional rental and payable as such on the next day upon which rent becomes due hereunder. In addition, if Tenant fails to procure or maintain the insurance required by this Article, Tenant shall cease and desist from operating any business on the premises and the improvements erected thereon and shall prevent members of the public from gaining access to the premises during any period in which such insurance policies are not in full force and effect. 9.5 Waiver of Subrogation Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damages. The party obtaining the policies of insurance required hereunder shall give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in the Lease. ARTICLE 10. DAMAGE OR DESTRUCTION 10.1 Duty to Repair or Restore If during the term of this Lease any building or improvement on, in or appurtenant to the land at the commencement of the term or thereafter erected thereon shall be destroyed or damaged in whole or in part by fire or other cause, or shall be declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall within ten (10) days of the occurrence of such event, give to Landlord immediate notice thereof, and Tenant shall within sixty (60) days commence, and diligently pursue to completion, the repair, replacement or reconstruction of the same, at least to the extent of the value and as nearly as possible to the character of the buildings and improvements existing immediately prior to the occurrence of such event; and Landlord shall in no event be called upon to repair, replace or rebuild any such buildings or improvements. All buildings and improvements shall be repaired, replaced or reconstructed in accordance with the standards and requirements contained in Article 6. Tenant shall continue to pay rent hereunder (except if rent has been prepaid) during the period said improvements shall be damaged or destroyed. 10.2 Relief for Substantial Loss of Area and Damage or Destruction During Final Years of Term Tenant is relieved of the obligation to, but may, repair, restore, or reconstruct improvements damaged or destroyed during the final five (5) years of the term if (a) more than thirty-five percent (35%) of the improvements constructed on the premises are damaged or destroyed ; (b) the damage or destruction is uninsured and is not required to be insured under any provision of this Lease; and (c) Tenant complies with all the following conditions: (1) Gives Landlord notice of damage or destruction promptly but not later than ten (10) days after the event, detailing facts that qualify the casualty under this provision. Page 13 of 26 LEASE AREA No. 11-SDX805-12 (2) Is not in default under any provision or condition of this lease. (3) Continues to make all payments when due as required by the provisions of this Lease, provided that Landlord may, by notice given at any time after Tenant's notice of the damage or destruction, elect to terminate the Lease at a date stated in Landlord's notice and to forgive all rent for the period following that date. (4) Pay in full, or has paid in full, any outstanding indebtedness incurred by Tenant and secured by an encumbrance or encumbrances on the leasehold. (5) Delivers possession of the premises to Landlord and quitclaims all right, title and interest in the land and improvements promptly upon ceasing to do business on the premises. (6) Causes to be discharged all liens and encumbrances resulting from any act or omission of Tenant. (7) Removes or deposits the cost of removing all fixtures and improvements if Landlord so elects under the provisions of Article 7. Tenant shall also be relieved of the obligations to repair, restore or reconstruct improvements because of an insured loss if Tenant complies with all the above provisions and also assigns all net proceeds from the insurance settlement to Landlord. "Net proceeds" shall mean the full amount of the insurance settlement. Landlord and Tenant hereby waive the provisions of Section 1932 (2) and 1933 (4) of the California Civil Code and waive the provisions of any other statutes which relate to the termination of a lease when the leased property is destroyed. Landlord and Tenant agree that such an event shall be governed by the terms of this Lease. ARTICLE 11. PAYMENT OF TAXES Tenant agrees to pay and discharge, or cause to be paid and discharged when due, before the same become delinquent, all taxes, assessments, impositions, levies and charges of every kind, nature and description, whether general or special, ordinary or extraordinary, which may at any time or from time to time during the term of this Lease, by or according to any law or governmental, legal, political, or other authority whatsoever, directly or indirectly, be taxed, levied, charged, assessed or imposed upon or against, or which shall be or may be or become a lien upon said premises or any buildings, improvements or structures at any time located thereon, or any estate, right, title or interest of Tenant in and to said premises, buildings, improvements or structures. Tenant shall pay when due, before delinquency, personal property taxes on fixtures, equipment and facilities owned by Tenant, whether or not the same have become so fixed to the land as to comprise a part of the real estate. Tenant understands that any possessory interest of Tenant created in the leased premises by this Lease may be subject to property taxation and that Tenant may be liable for payment of any such tax levied on such interest. Any obligation of Tenant under this Article, including possessory interest tax that the city or county may impose upon Tenant's interest herein, shall not reduce any rent due Landlord hereunder and any such obligation shall become the liability of and be paid by Tenant. In the event Tenant shall fail to discharge any of the above obligations, Landlord may, at its option, discharge the same and the amount so paid by Landlord, plus interest from the date of payment by Landlord, shall be added to the rentals next accruing under this Lease. Tenant may, at its own expense, and before delinquency occurs, contest, object to or oppose the legality, validity or amount of such taxes. Landlord shall not be required to join in any proceeding or contest brought by Tenant. Immediately upon the final determination of the proceeding or contest, Tenant shall pay or discharge any decision or judgment rendered, together with all costs, charges, interest and penalties incident to the decision or judgment. If Tenant contests or seeks a reduction in the taxes as provided in this Article, Tenant shall, before the commencement of the proceedings or contest, furnish to Landlord security or other evidence satisfactory to Landlord that Landlord and the Premises will be held harmless from any damage arising out of the proceedings or contest and assuring the payment of Page 14 of 26 LEASE AREA No. 11-SDX805-12 any judgment that may be rendered. Any default in the payment of any of the obligations set forth in this Article shall, at the option of Landlord, be considered a default under the terms of this Lease. ARTICLE 12. RIGHT OF ENTRY 12.1 Inspection, Maintenance, Construction and Operation of Freeway Structures Landlord, through its agents or representatives, and other city, county, state and federal agencies, through their agents or representatives, shall have full right and authority to enter in and upon the premises and any building or improvements situated thereon at any and all reasonable times during the term of this Lease for the purpose of inspecting the same without interference or hindrance by Tenant, its agents or representatives. Landlord further reserves the right of entry for the purpose of inspecting the premises, or the doing of any and all acts necessary or proper on said premises in connection with the protection, maintenance, reconstruction, and operation of the freeway structures and its appurtenances; provided, further, that Landlord reserves the further right, at its discretion, to immediate possession of the same in case of any national or other emergency, or for the purpose of preventing sabotage, and for the protection of said freeway structures, in which event the term of this Lease shall be extended for a period equal to the emergency occupancy by Landlord, and during said period Tenant shall be relieved, to the degree of interference, from the performance of conditions or covenants specified herein. Landlord further reserves the right of entry by any authorized officer, engineer, employee, contractor or agent of the Landlord for the purpose of performing any maintenance activities upon the property which Tenant has failed to perform. All agreements which Tenant enters into for the sublease or use of all or any part of the leased premises shall contain a provision, approved by Landlord, which describes Landlord's right of entry as set forth in this Article. 12.2 Future Transportation Project (a) Landlord's Right to Possession of Premises. Tenant understands and acknowledges that Landlord may, during the Term of this Lease, construct an "Approved and Funded Transportation Project", which may require the temporary or permanent use of all or a portion of the premises. An "Approved and Funded Transportation Project" is defined as a proposed transportation facility to be constructed by Landlord where the funds necessary to construct the facility are available to Landlord (regardless of the source of the funds) and where the transportation facility can reasonably be expected to be constructed within a reasonable period of time following termination of this Lease as provided in this Section 12.2. In the event Landlord determines that the premises or any portion thereof will be affected by an "Approved and Funded Transportation Project", Landlord shall immediately notify Tenant of its intent to take possession of all or a portion of the premises and shall provide Tenant with at least one hundred eighty (180) days written notice within which to vacate the required area. Landlord's notice to Tenant shall indicate the area of the premises to be taken. If possession is to be a temporary use of all or part of the premises, Landlord shall additionally state in such notice to Tenant Landlord's reasonable estimate of the period of time of such temporary use by Landlord. Upon the date Landlord is entitled to possession of the premises, or portion thereof, Tenant shall peaceably surrender possession of the premises, or portion thereof, and comply with the restrictions as stated in the notice. The failure of Tenant to vacate the required area of the premises shall constitute a material default and breach of this Lease entitling Landlord to exercise its rights and remedies. (b) Tenant's Sole Rights; Tenant's Waiver. Landlord's taking of possession of the premises under Section 12.2 does not constitute a taking or damaging entitling Tenant to compensation under Article 13. Tenant expressly agrees to hold Landlord harmless from any and all liability for, and expressly waives any right it may have to Page 15 of 26 LEASE AREA No. 11-SDX805-12 recover against Landlord, damages to the Premises, any improvements constructed on the premises or improvements thereon, and damages to any other property, project or operations including any claim for loss of business goodwill or resulting from Tenant's inability to use or possess all or any portion of the premises as a result of an "Approved and Funded Transportation Project". In addition, Tenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Act (United States Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises for an "Approved and Funded Transportation Project". Landlord agrees to instruct its authorized representatives to minimize the effect of any required construction on Tenant's use of the premises, both in the construction phase and in the permanent effect on the premises in connection with an "Approved and Funded Transportation Project". In furtherance of the objectives of Section 12.2, Tenant acknowledges Landlord's power of eminent domain and Tenant hereby waives all objections that Tenant may have to Landlord's right to take all or part of the premises as provided in Section 12.2. 12.3 Retrofitting of Freeway Structures Tenant understands and agrees that Landlord may be required to perform retrofit work on all or a part of the freeway structures which are situated on and above the premises. Landlord shall have the right to impose such restrictions on Tenant's right to enter, occupy, and use the premises and to construct improvements thereon as Landlord deems are necessary to enable it to complete construction of all freeway structural retrofit work without interference from Tenant. In the event Landlord determines that it needs to obtain possession of all or a portion of the premises, or needs to place restrictions on Tenant's use of the premises, Landlord shall, at least thirty (30) days prior to the effective date of the commencement of such possession or restrictions notify Tenant in writing describing the extent of the possession or restrictions and the effective date of their commencement. Upon the effective date of said notice, Tenant shall peaceably surrender possession of the premises and comply with the restrictions as stated therein. Tenant expressly agrees to hold Landlord harmless from any and all liability for, and expressly waives any right it may have to recover against Landlord, damages to the premises, any improvements constructed on the premises, and waives its right to use or possess any portion of the premises or improvements thereon, and damages to any other property, project or operation caused by Landlord's possession, imposition of restrictions or Tenant's inability to use or possess all or any portion of the premises. In addition, Tenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Acts (United States Code, title 42, Section 4601, et seq.; California Government Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises. Tenant shall conduct its operation on the premises in such manner so as not to interfere with Landlord's or its contractor's performance of any required construction in connection with an "Approved and Funded Transportation Project", on or above the premises. Tenant acknowledges the performance of any required construction may cause damage to paving and other improvements constructed by Tenant on the premises. Tenant expressly agrees to hold Landlord harmless from all such damage to its improvements, except that at the conclusion of construction, Landlord shall restore the premises to their pre-existing condition at no cost to Tenant. Tenant shall conduct its operations on the premises in such a manner so as not to interfere with Landlord's or its contractor's performance of any structural retrofit work done on or above the premises. Tenant acknowledges that the performance of the structural retrofit work may cause damage to paving or other improvements constructed by Tenant on the premises. Tenant expressly agrees to hold Landlord harmless from all such damage to its improvements, except that at the conclusion of the retrofit work, Landlord shall restore the premises to their preexisting condition at no cost to Tenant. Page 16 of 26 LEASE AREA No.11-SDX805-12 ARTICLE 13. CONDEMNATION BY PUBLIC ENTITIES OTHER THAN LANDLORD 13.1 Definitions (a) "Condemnation" means (1) the exercise of the power of eminent domain, whether by legal proceedings or otherwise, by a public entity having that power, that is, a condemnor, and (2) a voluntary sale or transfer to any condemnor, either under the threat of condemnation or while legal proceedings in condemnation are pending. (b) "Award" means all compensation, sums, or anything of value awarded, paid or received upon a total or partial condemnation of the leased premises. (c) "Substantial taking" means a taking of a portion of the leased premises by condemnation which, assuming a reasonable amount of reconstruction on the remainder, substantially impairs Tenant's ability to use the remainder for the purposes permitted under this Lease. 13.2 Termination of Lease as to Part Condemned In the event the whole or any part of the premises is taken by condemnation by a public entity, other than Landlord, in the lawful exercise of its power of eminent domain, this Lease shall cease as to the whole or the part condemned upon the date possession of the whole or that part is taken by the public entity. 13.3 Partial Taking If a part of the leased premises is taken by condemnation but there is no substantial taking of the premises, Tenant shall continue to be bound by the terms, covenants, and conditions of this Lease. However, if the fair rental value of the remainder will be less than the rent required by this Lease, the minimum monthly rent and adjusted minimum monthly rent shall be reduced to an amount equal to the fair rental value as of the date possession of the part is taken by the public entity. If the part taken by condemnation constitutes a substantial taking of the leased premises, Tenant may elect to: (a) Terminate this Lease and be absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or (b) Continue to occupy the remainder of the premises and remain bound by the terms, covenants and conditions of this Lease. If Tenant elects to continue to occupy the remainder, and if the fair rental value of the remainder will be less than the rent required by this Lease, the minimum monthly rent and adjusted minimum monthly rent shall be reduced to the fair rental value as of the date possession of the part is taken by the public entity. Tenant shall give notice in writing of its election to terminate this Lease hereunder within thirty (30) days of the date possession of the part is taken by the public entity. If Tenant fails to give Landlord its written notice of termination within the time specified, this Lease shall remain in full force and effect except that the minimum monthly rental shall be reduced as provided in this section. If it continues to occupy the remainder, Tenant, whether or not the award upon the taking by condemnation is sufficient for the purpose, shall, at its expense, within a reasonable period of time, commence and complete restoration of the remainder of the leased premises as nearly as possible to its value, condition and character immediately prior to such taking; provided, however, that in the case of a taking for temporary use, Tenant shall not be required to effect restoration until such taking is terminated. Tenant shall submit to Landlord its plans for the restoration of the remainder within ninety (90) days of the date possession of the part is taken by the public entity. 13.4 Compensation Landlord shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the premises by exercise of eminent domain except as hereinafter provided. Tenant shall be Page 17 of 26 LEASE AREA NO.11-SDX805-12 entitled to that portion of said compensation which represents the present worth as of the date possession is taken by the public entity of the remaining use under the Lease of all improvements constructed by Tenant on the leased premises located within the part taken by the public entity. Tenant may also assert a claim for loss of business goodwill under the provisions of Section 1263.510 of the California Code of Civil Procedure. Tenant shall assert no claim for loss of bonus value. For the purposes of this Article, "bonus value" means that value attributable to the fact that the rental rate Tenant is obligated to pay under this Lease is less than the fair market lease rate of the premises as defined in Section 4.3 above. If all or a portion of the leased premises is condemned at a time when Tenant possesses an interest in real property located outside the leased premises (hereinafter called "outside property"), Tenant may claim entitlement to an award of damages accruing to the outside property by reason of the severance therefrom of the condemned portion of the leased premises as provided in the Eminent Domain Law (California Code of Civil Procedure Sections 1230.010 through 1273.050). ARTICLE 14. UTILITIES Tenant shall pay when due, and shall hold Landlord harmless from any liability for, all charges for water, gas, heat, light, power, telephone, sewage, air conditioning and ventilating, scavenger, janitorial and landscaping services and all other materials and utilities supplied to the premises. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service furnished to the premises, and no such failure or interruption . shall entitle Tenant to terminate this Lease. ARTICLE 15. LIENS 15.1 Exemption of Landlord from Liability Tenant shall at all times indemnify and save Landlord harmless from all claims for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment or facilities within the premises, and from the cost of defending against such claims, including attorney fees. 15.2 Tenant's Obligations In the event a lien is imposed upon the premises as a result of such construction, repair, alteration or installation, Tenant shall either: (a) Record a valid Release of Lien, or (b) Deposit sufficient cash with Landlord to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to a lien holder claim, or (c) Procure and record a bond in accordance with Section 3143 of the California Civil Code, which frees the premises from the claim of the lien and from any action brought to foreclose the lien. Should Tenant fail to accomplish one of the three optional actions within 15 days after the filing of such a lien, the Lease shall be in default and shall be subject to immediate termination. ARTICLE 16. DEFAULT 16.1 Default The occurrence of any of the following shall constitute a material breach and default of this Lease by Tenant. Page 18 of 26 LEASE AREA No. 11-SDX805-12 (a) Any failure by Tenant to pay rent or any other monetary sums required to be paid hereunder, where such failure continues for ten (10) days after written notice thereof has been given by Landlord to Tenant. The abandonment or vacation of the premises by Tenant. Failure to occupy and operate the premises for thirty (30) consecutive days following the mailing of written notice from Landlord to Tenant calling attention to the abandonment shall be deemed an abandonment or vacation. (c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. (d) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets, where possession is not restored to Tenant within forty-five (45) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets, where such seizure is not discharged within thirty (30) days. 16.2 Landlord's Remedies In the event of any material default or breach by Tenant, Landlord may at any time thereafter, without limiting Landlord in the exercise of any right of remedy at law or in equity which Landlord may have by reason of such default or breach: (a) Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the premises. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). In the event Landlord elects not to terminate the Lease, Landlord shall have the right to attempt to re -let the premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re -letting occurs, this Lease shall terminate automatically upon the new tenant taking possession of the premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially under this subparagraph, Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. (b) Terminate Tenant's right to possession by any lawful means, in which case this Lease shall immediately terminate and Tenant shall immediately surrender possession of the premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all (b) Page 19 of 26 LEASE AREA No. 11-SDX805-12 damages incurred by Landlord by reason of Tenant's default including, but not limited to, the following: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the premises, which Landlord in its sole discretion deems reasonable and necessary. As used in subparagraphs (i) and (ii), above, the "worth at the time of award" is computed by including interest on the principal sum at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the date of default. As used in subparagraph (iii), above, the "worth at the time of award" is computed by discounting such amount at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco at the time of award. The term "rent" as used in this Article shall be deemed to be and to mean rent to be paid pursuant to Article 4 and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease. 16.3 Landlord's Right to Cure Tenant's Default At any time after Tenant is in default or material breach of this Lease, Landlord may cure such default or breach at Tenant's cost. If Landlord at any time, by reason of such default or breach, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. ARTICLE 17. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES 17.1 Voluntary Assignments, Subleases and Encumbrances Tenant shall not voluntarily assign, transfer or encumber its interest in this Lease or in the premises, or sublet all or any part of the premises, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the premises without first obtaining Landlord's written consent and the concurrence of the Federal Highway Administration, unless otherwise expressly permitted by the provisions of this Article. Landlord may withhold its consent to any such assignment, transfer, encumbrance or sublease unless all of the following express conditions are satisfied: Page 20 of 26 LEASE AREA No.11-SDX805-12 (a) Landlord and Tenant recognize that any sublessee is to be a non-profit entity and that any sublease is to be for community benefit and social service purposes. Plans for any and all improvements to the lease property by sublessee(s) will be reviewed by Landlord and the Federal Highway Administration for approval. (c) Landlord receives and has the right to receive any and all consideration, whether in present payments or in future payments, which Tenant receives from an assignee, transferee or subtenant in excess of the amount of rent Tenant is obligated to pay to Landlord under this Lease. Tenant's failure to obtain Landlord's required written approval of any other assignment, transfer, or sublease shall render such assignment, transfer, or sublease void. Occupancy of the leased premises by a prospective transferee, sublessee or assignee before approval of the transfer, sublease or assignment by Landlord shall constitute a breach of this Lease. Landlord's consent to any assignment, or sublease shall not constitute a waiver of any of the terms, covenants or conditions of this Lease. Such terms, covenants and conditions shall apply to each and every assignment, and sublease of this Lease and shall be severally binding upon each and every party thereto. Any document to transfer, sublet, or assign the leased premises or any part thereof shall incorporate directly or by reference all the provisions of this Lease. (b) 17.2 Assignment of Rent from Subtenants Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the premises as permitted by this Lease, and Landlord, as assignee and attorney -in -fact for Tenant, or a receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligation under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent. 17.3 Information to be Supplied to Landlord Tenant shall supply Landlord with the necessary information on all persons or firms to which Tenant proposes to sublet or assign any of its interest in the premises, or which might establish rights to enter, control, or otherwise encumber the premises by reason of any agreement made by Tenant. In addition, with respect to any proposed sublease or assignment, Tenant shall provide Landlord with: (a) a copy of all documents relating thereto, (b) a statement of all terms and conditions of said transaction, including the consideration therefor, and (c) a copy of the financial statement of the prospective subtenant or assignee. 17.4 Encumbrances (a) Landlord and Tenant hereby acknowledge and agree that Tenant intends to encumber by deed of trust Tenant's interest in the leased premises, for the purpose of constructing improvements thereon, and/or the permanent financing of new improvements. Any such encumbrance is void without the prior written consent of Landlord. Tenant must secure the financing from a financial institution (hereinafter called "Lender") qualified to do business in the State of California. (b) Landlord agrees that it will not terminate this lease because of any default or breach thereunder on the part of Tenant if the Lender or the trustee under such deed of trust, within ninety (90) days after service of written notice on the Lender by Landlord of its intention to terminate said Lease for such default or breach, shall (1)Cure such default or breach if the same can be cured by the payment or expenditure of money provided to be paid under the terms of said Lease, or if such default or breach is not so curable, cause the trustee under the deed of trust to commence and Page 21 of 26 LEASE AREA No. 11-SDX805-12 thereafter to diligently pursue to completion steps and proceedings for the exercise of the power of sale under and pursuant to the trust deed in the manner provided by law, and (2)Keep and perform all of the covenants and conditions of this Lease requiring the payment or expenditure of money by Tenant until such time as the leasehold shall be sold upon foreclosure pursuant to the trust deed, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure; provided, however, that if the lender or the trustee under the trust deed shall fail or refuse to comply with any and all of the conditions of this section, then and thereupon Landlord shall be released from the covenants of forbearance herein contained, and all rights of Tenant and/or Lender and those who claim under Tenant, under this Lease, shall terminate. (c) In the event of a judicial foreclosure sale or trustee's sale of Lender's security interest pursuant to the laws of the State of California, or an assignment in lieu of foreclosure, the transferee, be it Lender or others, shall succeed to all of the right, title and interest of Tenant. (d) Landlord shall give Lender a written notice of any default by Tenant under this Lease which notice shall be given concurrently with the notice to Tenant. The prior written consent of Landlord shall not be required: (1)to a transfer of this Lease at foreclosure sale under the trust deed, under judicial foreclosure or by an assignment in lieu of foreclosure; or (2)to any subsequent transfer by the Lender if the Lender is an established bank, savings and loan association or insurance company, and is the purchaser at such foreclosure sale; provided that in either such event the Lender forthwith gives notice to the Landlord in writing of any such transfer, setting forth the name and address of the transferee, the effective date of such transfer and the express agreement of the transferee assuming and agreeing to perform all of the obligations of this Lease, together with a copy of the document of which such transfer was made and the payment to Landlord of the processing fee provided in Section 19.8. Any transferee under this section shall be liable to perform the obligations of the Tenant under this Lease only so long as such transferee holds title to the leasehold. Any subsequent transfer of the leasehold shall not be made without the prior written consent of the Landlord and shall be subject to the conditions relating thereto as set forth in this Lease. (e) Upon and immediately after the recording of the trust deed, Tenant at Tenant's expense, shall cause to be recorded in the office of the Recorder of San Diego County, California, a duly executed and acknowledged written request for a copy of any notice of default and of any notice of sale under the trust deed as provided by the statutes of the State of California relating thereto. Concurrently with the execution of the consent to a trust deed, Tenant shall furnish to Landlord a complete copy of the trust deed and note secured thereby, together with the name and address of the holder thereof. (0 The trust deed and all rights acquired thereunder shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Lease and to all rights and interests of Landlord hereunder, except as otherwise provided therein. In the event of any conflict between the provisions of this Lease and the provisions of any trust deed, the provisions of this Lease shall control. (g) No trust deed which Tenant may execute or create at any time shall include the Landlord's right, title and interest in and to the demised premises, nor shall any such trust deed subordinate or be deemed to subordinate the fee title to the demised premises or Landlord's Page 22 of 26 LEASE AREA No. 11-SDX805-12 interest in this Lease to the security interest created by such trust deed. It is the intention and agreement of the parties hereto that during the entire term of this Lease Landlord's right, title and interest in and to the demised premises shall not be subject to any liens or encumbrances of any kind or nature created either by Tenant or by Landlord. Nothing contained in any such trust deed, and no such trust deed, shall release or be deemed to release Tenant from the full and faithful observance and performance of any covenants and conditions in this Lease contained and on the part of Tenant to be observed and performed, nor be deemed to constitute a waiver of any rights of Landlord hereunder and the terms, covenants and conditions of this Lease shall control in case of any conflict between this Lease and any such trust deed. ARTICLE 18. NONDISCRIMINATION Tenant, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) in connection with the construction of any improvements on said land and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, (3) such discrimination shall not be practiced against the public in its access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the premises, and (4) Tenant shall use the land in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Part 21 (49 C.F.R., Part 21) and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Landlord shall have the right to terminate this Lease, and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. ARTICLE 19. SECURITY DEPOSIT No Security Deposit is required ARTICLE 20. ADDITIONAL PROVISIONS 20.1 Quiet Enjoyment Landlord covenants and agrees with Tenant that upon Tenant paying rent and other monetary sums due under the Lease and performing its covenants and conditions, Tenant shall and may peaceably and quietly have, hold and enjoy the premises for the term, subject however, to the terms of the Lease and of any of the mortgages or deeds of trust described above. 20.2 Captions, Attachments, Defined Terms The captions of the Articles of this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section of this Lease. Exhibits attached hereto, and addendum and schedules initiated by the parties, are deemed by attachment to constitute part of this Lease and are incorporated herein. The words "Landlord" and "Tenant," as used herein, shall include the plural as well as the singular. Words used in neuter gender include the masculine and feminine and words in the masculine or feminine gender include the neuter. If there be more than one Landlord or Tenant, the obligations hereunder imposed upon Landlord or Tenant shall be joint and several. If the Tenants are husband and wife, the obligations shall extend individually to their sole and separate property as well as to their community property. Page 23 of 26 LEASE AREA No. 11-SDX805-12 20.3 Entire Agreement This instrument along with any exhibits and attachments hereto constitutes the entire agreement between Landlord and Tenant relative to the premises and this agreement and the exhibits and attachments may be altered, amended or revoked only by an instrument in writing signed by both Landlord and Tenant. Landlord and Tenant agree hereby that all prior or contemporaneous oral agreements between and among themselves and their agents and representatives relative to the leasing of the premises are merged in or revoked by this agreement. 20.4 Severability If any terms or provision of this Lease shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 20.5 Costs of Suit If Tenant or Landlord shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of rent or possession of the premises, the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Should Landlord, without fault on Landlord's part, be made a party to any litigation instituted by Tenant or by any third party against Tenant, or by or against any person holding under or using the premises by license of Tenant, or for the foreclosure of any lien for labor or materials furnished to or for Tenant or any such other person or otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant shall save and hold Landlord harmless from any judgment rendered against Landlord or the premises or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Landlord in connection with such litigation. 20.6 Time, Joint and Several Liability Time is of the essence of this Lease and each and every provision hereof, except as to the conditions relating to the delivery of possession of the premises to Tenant. All the terms, covenants and conditions contained in this Lease to be performed by either party if such party shall consist of more than one person or organization, shall be deemed to be joint and several, and all rights and remedies of the parties shall be cumulative and non-exclusive of any other remedy at law or in equity. 20.7 Binding Effect; Choice of Law The parties hereto agree that all the provisions hereof are to be construed as both covenants and conditions as though the words importing such covenants and conditions were used in each separate section hereof; and all of the provisions hereof shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. This Lease shall be governed by the laws of the State of California. 20.8 Waiver No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Landlord in writing. 20.9 Surrender of Premises Page 24 of 26 LEASE AREA No. 11-SDX805-12 The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger and shall, at the option of the Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 20.10 Holding Over If Tenant remains in possession of all or any part of the premises after the expiration of the term hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month to month only and not a renewal hereof or an extension for any further term, and in such case, rent and other monetary sums due hereunder shall be payable in the amount and at the time specified in this Lease and such month -to -month tenancy shall be subject to every other term, covenant and agreement contained herein. 20.11 Interest on Past Due Obligations Except as expressly herein provided, any amount due to Landlord not paid when due shall bear interest at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the due date. Payment of such interest together with the amount due shall excuse or cure any default by Tenant under this Lease. 20.12 Recording Tenant shall not record this Lease without Landlord's prior written consent, and such recordation shall, at the option of Landlord, constitute a noncurable default of Tenant hereunder. Either party shall, upon request of the other, execute, acknowledge and deliver to the other a short form memorandum of this Lease for recording purposes. 20.13 Notices All notices or demands of any kind required or desired to be given by Landlord or Tenant hereunder shall be in writing and shall be deemed delivered forty-eight (48) hours after depositing the notice or demand in the United States mail, certified or registered, postage prepaid, addressed to the Landlord or Tenant respectively at the addresses set forth in Article 1. 20.14 No Reservation Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or option for lease; it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. 20.15 Corporate Authority This section is not applicable. _ 20.16 Force Majeure If either Landlord or Tenant shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, govemmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Lease) or other cause without fault and beyond the control of the party obligated (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Nothing in this clause shall excuse Tenant from prompt payment of any rent, taxes, insurance or any other charge required of Tenant, except as may be expressly provided in this Lease. 20.17 Estoppel Certificates Each party, within twenty (20) days after notice from the other party, shall execute and deliver to the other party, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the Page 25 of 26 LEASE AREA No. 11-SDX805-12 If either Landlord or Tenant shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, governmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Lease) or other cause without fault and beyond the control of the party obligated (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Nothing in this clause shall excuse Tenant from prompt payment of any rent, taxes, insurance or any other charge required of Tenant, except as may be expressly provided in this Lease. 20.17 Estoppel Certificates Each party, within twenty (20) days after notice from the other party, shall execute and deliver to the other party, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the amount of minimum monthly rent, the dates to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent. 20.18 Termination of Lease This lease may be terminated at any time by Tenant upon providing Landlord with one hundred eighty (180) days prior notice, in writing, and by the Landlord upon providing Tenant with one hundred eighty (180) days prior notice, in writing. In the event of cancellation by Landlord, said notice shall be served upon Tenant at his place of business in San Diego, California. In the event of cancellation by Tenant, said notice shall be served upon Landlord, care of the DEPARTMENT OF TRANSPORTATION, District 11 Right of Way Division, 3024 Juan Street, San Diego, CA 92110. If Tenant terminates this lease pursuant to the provisions of this section, and the entire cost of improvements has not been amortized by Tenant as hereinafter provided, Landlord shall not refund or share in the cost of such improvements after the termination of this lease by Tenant. In Witness Whereof Landlord and Tenant have executed this Lease as of the date first written above. LANDLORD: STATE OF CALIFORNIA, TENANT: CITY OF NATIONAL CITY, DEPARTMENT OF TRANSPORTATION CALIFORNIA BY: BY: GENE MATTOX Chief, Asset Management Branch Right of Way Division Department of Transportation APPROVED AS TO FORM: BY: ATTEST: BY: BY: City Attorney City Clerk Page 26 of 26 Y MAP 11-OA"Maa-I2,'StALAJ 11-so-aoO-L #ALa) R& n7e7- 110,72.1 SF CITY Of NATIONAL CITY 11- SOSOO T c flg ION }EON ND 61•111...1.1,61. UDS&W DENIES NOTE; WILRIC6 SHOWN FOR INFORNEYfYN ONLY. OOYPLCSE WNW AMOUNT& YRLIHY OATS SNONA Of. YERIF&O OS INS LOME. OM CITY O'F SAN DIEGO 1-SO-8O5�a., AEI- .EA RECORD IMP REFERENCE MAP PANE. EXk6+A VeNit Qf CA1,10kS1:Tii'A Ta#NSEERT'A51EN AQ$M4N REPA91NEiFET OF FRAN8PITAF1. 6RA110.1 Of WIeN%RV$ ¢LfT111137 It REV. 81RO -LAB. 11-SDX805-12 FREEWAY LEASE AREA EXHIBIT- B Contents 15-EX-I1, Column Protection Systems 15-EX-12, OSM&I Guidelines 15-EX-13, 23 Code of Federal Regulations 713 JHN-10-00 13:59 FROM:CALTRANS R/W ID:916 663 B762 PAGE 12/16 tAi'71G1 I OSM&I GUIDELINES 15-EX-12 PAGE 1 OF 5 State of California Business, Transportation and Housing Agency Memorandum To: DENNY SHIELDS, Program Manager Date; October 16,1995 Right of Way File: 413.3 Attention: Gene Mattocks Acquisition From: DEPARTMENT OF TRANSPORTATION OFFICE OF STRUCTURES MAINTENANCE AND INVESTIGATIONS Subject: OSM&l's'Guidefines on Air Space Facilities As a result of our meeting on October 12,1995 I would like to present the guideline that are being used by the Office of Structure Maintenance and Investigations. Although there may be instances where larger setbacks will be required, adequate access and working room for the vast majority of our structures will be provided by using the followin guidelines for permanent and semi -permanent air space facilities: 1. With 24 hour notification access to each column footing, jade cap or column shaft must be provided to allow mobilization of equipment and vehicles for repair. The access must be a minimum of 12 feet wide and must extend from a public street to the columns. 2. The facility must maintain a minimum setback of 10 feet from the perimeter of a column footing or pile cap and maintain a minimum setback of 20 feet from the face of column shafts. 3. Access to hinges must be provided to allow moving vehicles and equipment to the hinge. The access must be 12 feet wide and extend from a public street to the hinge. 4, At hinges the facility must maintain a minimum setback of 30 feet centered under the hinge to allow installation of temporary supporting falsework or perform other future work on the hinge. The setback must extend from edge of deck to edge of deck. In lieu of providing the 30 foot hinge access, ja¢ung points may be Constructed in the air space facility capable of supporting the hinge and a working platform to perform future work on the hinge. Also discussed at the meeting was the need to have bridge numbers added to the Airspace Database. If possible please modify your database to include the official eight digit Bridge Number so that Airspace parcels can be related to bridges. If you have any questions or comments please contact Harold Herr at 916-227-8277 Calnet 498-8277 or Richard Shepard at 916-227-8266, Calnet 498-8266. cc: PAskelson toe_ CARROLL D. HARRIS, Chief Office of Structures Maintenance • & Investigations. .7AN-10-00 14.00 FROM.CALTRANS R/W ID:916 653 8762 N.4. QSM&I GUIDELINES f1� is Ali Rev. 2/93 GENERAL REQUIREMENTS FOR USE OF AIR P Z_WITTLCBJ,TgANS STRUCTURF3 PAGE 13/16 CAMMII 15-EX-12 PAGE 2 OF 5 Any deviation from the following conditions mast be approved in advance by the Office of Structures Maintenance Airspace Coordinator - Reviewer. 1. The use of parcels ender and adjacent to Caltrans structures is subject to approval by the Division of Structures Airspace Coordinator/Engineer prior to any agreements that may be binding . on the use of the parcel. 2. Long-term Building Development Leases should not be granted in an area where the foreseeable future expansion or maintenance of • the transportation facility can be expected. • 3. The Division of Structures reserves the right of immediate access to all areas of the structure in the event of a seismic occurrence and/or structure retrofit activities. This right of access includes but is not Iimited to all activities associated with any inspection needs, and any activities associated with the maintenance, rehabilitation or retrofit of the structure. Airspace facilities shall not be used for the manufacture or storage of flammable, explosive, or hazardous materials, such as fuel tanks, pumps and vents.. 5. Access for bridge inspection must be maintained. For secured areas, the Lessee shall provide the following information to the Office of Structure Maintenance and Investigations: a. Responsible party to contact. b. Alternate contact in case of emergency. r c. Routine access mast be available within 24 hours. Emergency access must be available within one hour. The above information shall also be clearly posted at the entrance(s) to the secured area and will be kept current at all times. b. Certain minimum vertical and lateral clearances will be required. The specific minimums will be determined 'upon review of the preliminary plans. As a guideline, buildings will have the following clearances: a. Buildings, having an independent roof, constructed under a concrete yeemaisims, bridge shall have a minimum of three (3) feet vertical clearance for inspection. Tf the building is to be built under a hinge in the bridge, see (c) below. b. Buildings, having an independent roof, constructed under a eitateekterce.steelAgamci=i=r bridge require a minimum of five (5) feet vertical clearance to the underside of the girders. The building roof shall be constructed to support painters and their equipment. c. Improvements under highway structure (with hinges) will provide one of the following: I) Adequate clearance in the vicinity of the structure's hinge to allow for construction of falsework to support the hinge if required for maintenance repairs. 2) A structural support wall shall be built as a part of the airspace use to directly carry the dead and live load occurring at the hinge from the highway structure. PAGE 14/16 JAN-10-00 14.00 FROM:CALTRANS R/W ID_916 653 8762 OJIVitkl LiUIUtLIN1 a EXHIBIT 15-EX-12 PAGE 3 OF 5 General Airspace Requirements Sheet 2 of d. The use of airspace above the existing bridge deck plane is prohibited within an area 15 feet horizontally from the edge of bridge and a horizontal plane at least 16'- -t" (or a minimum vertical and horizontal clearance established by the state) above the bridge deck. e. Buildings located within 20' from the edge of the concrete bridge shall be of one -hour fire resistive construction and fully sprinklerized. f. Buildings located within 20' from the edge of the steel bridge shall be of noncombustible construction. g. Buildings lower than the bridge deck but higher than the bottom (soffit) of the bridge shall not be located closer than 'feet from the edge of the bridge. 7. Earthwork or superimposed loads from the airspace use, must not jeopardize bridge foundations. If earthwork (including excavations) * Or additional loadings are a part of the work, a preliminary plan (with appropriate geology or foundation report) is required for review prior to proceeding with the final design. 8. toihiie shall be fastened to the bridge proper without prior approval. 9. The bridge drainage system must not be obstructed. Airspace facilities chap have a Minimum clearance of 3' from all drain outlets near the base of the columns and provisions for backflushing column drains must be provided. 10. The Lessee will be responsible for the repair of any damage to the bridge caused by the construction, operation and maintenance of the airspace facility, and vehicle parking. 11. All construction must meet the fire codes of local building and fire departments and the State Fire Marshall. 12. Minimum Fire Code Guidelines (additional requirements may apply) a. Buildings constructed under concrete bridges: (1) Single and multi -level buildings having an independent roof shall be one -hour fire resistive construction. (2) Single level buildings using the' of it of the bridge as a roof shall be of noncombustible construction. (3) Multi -level buildings using the soffit of the bridge as a roof shall be of noncombustible construction. Rooms on the lower levels including the floor of the upper level may be of one -hour resistive construction. A one -hour separation shall be required between noncombustible construction and one -hour fire resistive construction. b_ Buildings constructed under steel girder bridges: (I) All buildings shall have an independent roof and shall be of noncombustible construction. c. All buildings shall be equipped with sprinklers. 13. The State shall not be held responsible for any leakage from bridge joints, soffit vents, access openings or cracks. Should the Li-cvr elect to intercept, collect and dispose of' said leafage, he do so at his expense subject to the approval of the State. may 14. All Engineering plans, specifications, calculations or other Engineering documents shall be provided with the submittal and shall be stamped and signed by the California Registered Engineer(s) in rr^crx,ncihb, there',' rh, art et. A .... ...:vrni .0.n IT AIRSPACE SETBACK GU1pELINE ,._-Abutment Bent Cap ilea Pile Footln9 Piles Hinge Piles Note: There may be Instances where larder setbacks will be required, however, adequate accese end working room ler the vast mof only of our struiutes will be provided by using the totloireind guideltn e e lot permanent and soml•pernranont all space facilities: t. With 29 hour nolilicalion access to each column looting, pile cep or column shell mull be prod -dud to allow mobilization of equipment and veld:te a for repair. The access must bo a minimum of 12 loot wide end rrlusl oKIond Irom a public street to the columns. 2. Tito lacttiIy milt maintain a minimum setback of 101oot Iron' the perimeter of a column fooling of pile cap and mainlaln a minimum setback of 20 teat from the lace 01 column ehatte. 3. Access to hinges moist be provided to allow moving vehicles and equipment to the hinge. The access rnusl be 12 Not wide and extend from a public street to the hinge. 4. Al hinges the lacilty (twat maintain a minimum setback of UO feet centered under the hinge to elluvr installation of tomporary supposing lalsowork or perform other future work on the hinge. The • Setback must extend from edge of deck to odope of deck. In lieu o1 providing the 30 loot lingo -o access, jacking points May be constructed In the air space lacillty capable of supposing the hinge )P and a working plallomt to perform future work on the hinge, m pN T rn Z9.LB S59 9I9'4I N a1 ,.--AbutinanI AIRSPACE SETB&CK QUjDE:LINU Bent Ca Colutnta--���' Piles Spread Footing Hinge Note: Abutment Is the term for the supports at the ends of the bridge, Bent is the term for a support between the abutments. The parts 6f a support are: the cap, column or wall, and spread footing (without plies) or pile footing (with piles). The pile footing is sometimes referred to as a pile cap. 9 C- x z Vm m ,24 m Y � Gm rr r� 11 rr • C, b r H D z m Z9L8 £59 9IB QI JAN-10-00 13:57 FROM:CALTRANS R/W ID:916 653 9762 PAGE 2/16 COLUMN PROTECTION SYSTEMS EXHIBIT 15-EX-11 PAGE 1 OF 10 COLUMN PROTECTION SYSTEMS Airspace Leases require a column protection system in areas where columns are exposed to vehienbr traffic. Protection systems using material capable of shrinking with age, such as wood, must have the ability to adjust for shrinkage. Systems usingadhesive bonding will not be permitted. Areas exposed to pedestrian traffic will have the additional requirement of presenting smooth surfaces to the passersby.* The following illustrations ns are examples of different types of column protection that can be used. They are not intenrtrri to be all encompassing, nor are they mandatory. If the samples provided are not suitable for a particular project, the applicant may submit an independent design of column protection for review. However, the system used shall provide an equivalent amount of protection to the structure columns and public as the examples shown. * A column protection system as shown in the example utilizing straps and turnbuckle satisfies the smoothness requirement for pedestrians. COLUMN PKOTC'1ION ( 511ZAr41PRNi3oGKI.�) 5LJIFAc* or C I.LJM 4 oac i$45M16 SwE14. r-- fr "mow+' I.^C., Affr trictl-arts) 4Arc,0> 4 Rom` �or ni y4 nr Yo& cou,?r icolcr sseg•pf+n() X c•C1 '" 01,.)^144.fxr) • Rsca6vv h ts_ .Y1 G••• 'I I{II 11111111111111111 I ijij I11111lf111111l1_ 1,41 r cli_ I NI II I If li IIA D I 1 fiII IIIf III I I6!il TY1IG�cL- 1 i 7IJ • A COLUMN PROTECTION SYSTEMS Z949 ESS 9IS:GI w O MN- 110-i010 1-'RUM: CALTRANS R7W IDsB16 653 8762 PAGE 4/16 COLUMN PROTECTION SYSTEMS EXHIBIT 15-EX-11 PAGE 3 OF 10 BACKFLUSHING ENCLOSED VERTICAL DRAIN SYSTEM Existing bridge coYRton wtdrain Piqc—� 6" 9" n� th Straps -- Galv. or Stairdees creel St --a" PLAN cryp.) Provide';' mytay. steel ladder rams t2" wide @ 12' O.C. in an excavations 2 Q' deep or deeper. (both pits) h' @water Tine -off valve GeoPPer pipe -Dry electric controller set for 3 times per week. for S minutes each. Provide Paddlow ctsecttvahe. Pipes and coatrots to be secured to column with straps. No anchors to columns. Tap 3 / 4 inch hole in dean out cap for 3 / 4 inch backflush water supply end wail whet* AC paving occurs CTYPa dab or AC paving /Pipe size per Wan Clem our 4=p s3 � le ea. -ray i 6- tTYR7 SECTION JAN-10-00 13:56 FROM.CALTRANS R/W ID:616 653 6762 PAGE 5/16 COLUMN PROTECTION SYSTEMS EXHIBIT 15-EX-11 PAGE 4 OF 10 0 Steel COLUMN PROTECTION IN PARKING LOTS 0 0 LAYOUT d 3 feet far autos and pickups d = 4 feet for buses and trucks Require 4 inch diameter standard steel pipe post set in and filled with conatete. Depth of post hole will vary dependent on soil conditions. Hole depth must be deep enough for post to bend on impact before overturning. JAN-10-00 1358 FROM:CALTRANS R/W ID:916 653 8762 PAGE 6/16 COLUMN PROTECTION SYSTEMS EXHIBIT 15-EX-1.1 PAGE 5 OF 10 x 6 x 4'-0" Rdwd_ rouges Ii �I I `° c4 T • r �` ZT Tobe set opposite side of pedestcia 'access Dia. rod thread at ends. (Galv.) PARTIAL PLAN ALTERNATIVE A .109 Galy, camgaied steel pipe S/. Lag screws tot. 2 /post 2"X 4 x 6'-0" Rdwd posts @18� Camps aj_z s1 Top of paving-----Th 7 of I PARTIAL ELEV Cot, op of paving CIRCULAR CCL PROTECTOR JAM-10-00 13.56 FROM.CALTRAMS R/W ID=S16 653 6762 PAGE 7/16 XXIXtXIXIXIXLX1XI t.xxixixixlxixixtxtxlxtxixixixixiX XiXJXt_XIXtXIXIXX X st, col. _/ / 'SiX �l X xi, %" Dia. rod thread- ed at ends. (Gaiv.) PLAN COLUMN PROTECTION SYSTEMS EXHIBIT 15-EX-11 PAGE 6 OF 10 Clamp at acts corner '1r 2"x 6"x 4'-0" Rdwd rough Top of paving ELEVATION Similar to Alternative A except as noted 2"x 4"x 6 =0" Rdwd post No . as required 18" max, spacing 4"x 4"x 6'-0"Rdwd .10g Galy. corrugated post @ .18 max. � X �steei pipe For Details rot shown see Perna! Eiev. Glta n.,i t, PLAN RECTANGULAR COL. PROTECTOR JAN-10-00 13:58 FROM:CALTRANS R/W ID:616 6E3 13762 PAGE 8/16 COLUMN PROTECTION SYSTEMS EXHFB1 1 15-EX-11 PAGE 7 OF 10 '4" Threaded rod with washers & hex. nuts. x Y.c SECTION B-B .. a Q. ` M1 4 'ds ari I I 1 f o - C 6- ' Q. • ®6 v o 6 6 • a ® a. o Q o .A OA - a. a o 0.a p A® 1) O .1y 410. I 1 1 1 l t I I I t I e B o•a• o 1a - a v ' p'a • A -Q A '0 - a• 0a 0 A o _A'•A �0 Q 0- • .o ®'•0. 0 0' a4 a° -A • A' D 4' Ir t ' I 1 ' s a1; �,r I, I I t i I I I 0 ecess nuts 0 2 x 8' 1//®l// 1//=I11 /f/ /II ELEVATION JAN-10-00 13:59 FROM:CALTRANS R/W ID:916 653 9752 PAGE 9/19 ,COLUMN PROTECTION SYSTEMS 4' 3'x8" 12' T 18" i . T T 1 17I-1)) 111\=//174V)11 ))1=J)\> 1I )1>=J)) 4'x12' • EAST ELEVATION to EXHIBIT 15-EX-it PAGE 8 OF 10 "." threaded rod )wy�f Y SOUTH ELEVATION I - -7 tuts to fit flush where pedestrians have access. JAN-10-00 13:58 FROM:CALTRANS R/W ID:91S 653 8762 PAGE 10/16 COLUMN PROTECTION SYSTEMS allarams••• EXHIBIT 15-EX-it PAGE 9 OF 10 JAN-10-00 13:59 FROM=CALTRANS R/W ID_S1S S53 S7S2 PAGE 11/1S COLUMN PROTECTION SYSTEMS EXHIBIT 15-EX-11 PAGE 10 OF 10 8"x 8" Post Stainless steel bands Exist. ground Column PLAN I I m 111=11I /11=111 ELEVATION EXHIBIT 15-EX-13 PAGE 1 OF 4 23 CODE OF FEDERAL REGULATIONS 713 Subpart B - Management of Airspace 713.201 Purpose: to prescribe FHWA policies relating to the management of airspace on Federal aid highway systems for non -highway purposes. 713.202 Applicability: (a) The provisions of this subpart apply to the use of airspace on the Federal aid highway systems except as provided in paragraph (b) of this section. (b) This subpart does not apply to railroads and public utilities which cross or otherwise occupy Federal aid highway rights of way nor to relocations of railroads or utilities for which reimbursement is claimed under subparts H and E of part 140 of this chapter; joint development and multiple use of highway rights of way as covered in volume 7, chapter 7, section 8 of the Federal Aid Highway Program Manual {3} {3} - the Federal -Aid Highway Program Manual may be examined at the Federal Highway Administration, 400 7th Street SW, Washington, D.C., 20590; and bikeways and pedestrian walkways as covered in part 652 of this chapter. 713.203 Definition: airspace, as used in this subpart, is that space located above, at, or below the highway's established gradeline, lying within the approved right-of-way limits. 713.204 Policies: (a) Where a SHD has acquired sufficient legal right, title, and interest in the ROW of a highway on a Federal aid system to permit the use of certain airspace for non -highway purposes and when such airspace is not required presently or in the foreseeable future for the safe and proper operation and maintenance of the highway facility, the right to temporary or permanent occupancy or use of such airspace may be granted by the SHD subject to prior FHWA approval. (b) The airspace required to accommodate foreseeable future expansion of the highway facility may not be used for non -highway purposes, except under the provisions of subpart A of this part, relating to property management. (c) In any case where sufficient land exists within the publicly acquired rights of way of any Federal aid highway system to accommodate needed rail or non -highway public mass transit facilities and where this can be accomplished without impairing automotive safety or future highway improvements, the FHWA may authorize a SHD to make such lands and rights of way available without charge to a publicly owned mass transit authority for such purposes whenever it may deem that the public interest will be served thereby. (d) If found to be consistent with highway designs, any portion of ROW may be used for green strips, small parks, play areas, parking or other highway related public use, or for any other public or quasi -public use which would assist in integrating the highway into the local environment and enhancing other publicly supported programs. Normally, the SHD should retain supervision and jurisdiction over such lands, but could enter into agreements with local political subdivisions relative thereto. (e) An individual company, organization, or public agency desiring to use airspace as defined herein shall submit an application therefor to the SHD in a manner and form deemed appropriate by the SHD. Applications, including a proposed airspace agreement, shall be forwarded to the FHWA, together with SHD recommendations for approval and any necessary supplemental information. The submission shall affirmatively provide for adherence to all policy requirements contained in this subpart where such are appropriate to the intended use. (f) All non -highway use of airspace shall be covered by a properly executed airspace agreement; the agreement shall contain the following: 23 CFR 713 EXHIBIT 15-EX-13 PAGE 2 OF 4 (1) The party responsible for developing and operating the airspace. (2) A general statement of the proposed use. (3) The general design for the use of the space, including any facilities to be constructed, and such maps, plans, or sketches as are necessary to set out pertinent features in relation to the highway facility. (4) A detailed 3-dimensional description of the space to be used, except when the surface area beneath an elevated highway structure or adjacent to a highway roadway is to be used for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, and other similar uses. In such cases, a metes and bounds description of the surface area, together with appropriate plans or cross sections clearly defining the vertical use limits, may be furnished in lieu of a 3-dimensional description. (5) Provision that any significant revision in the design or construction of a facility described in subsection 5f(3) above shall receive prior approval by the SHD, subject to concurrence by the FHWA. (6) Provision that any change in the authorized use of airspace shall receive prior approval by the SHD, subject to concurrent by the FHWA. (7) Provision that such airspace shall not be transferred, assigned, or conveyed to another party without prior SHD approval subject to concurrence by the FHWA. (8) Provision that the agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned. (9) Provision for the agreement to be revoked if the agreement is violated and such violation is not corrected within a reasonable length of time after written notice of non-compliance has been given. Further, that in the event the agreement is revoked and the SHD deems it necessary to request the removal of the facility occupying the airspace, the removal shall be accomplished by the responsible party in a manner prescribed by the SHD at no cost to the FHWA. An exception to this provision is permitted when the improvements revert to the state upon termination of the agreement. (10) When deemed necessary by the SHD or the FHWA, provision for adequate insurance by the responsible party for the payment of any damages which may occur during or after construction of the airspace facilities, to hold the State harmless. Exception to this requirement may be made where the proposal is for the use by a public or quasi -public agency when such agency is assigned the specific responsibility for payment of any related damages occurring to the highway facility and to the public for personal injury, loss of life, and property damage. (11) Provision for the SHD and authorized FHWA representatives to enter the airspace facility for the purpose of inspection, maintenance, or reconstruction of the highway facility when necessary. (12) Provision that the facility to occupy the airspace will be maintained so as to assure that the structures and the area within the highway ROW boundaries will be kept in good condition both as to safety and appearance and that such maintenance will be accomplished in a manner so as to cause no unreasonable interference with highway use. In the event the responsible party fails in its maintenance obligations, there will be provision for the SHD to enter the premises to perform such work. (13) Appropriate provisions of Appendix "C" of the State's Civil Rights Assurances {4) with respect to title VI of the Civil Rights Act of 1964 and 49 CFR part 21. {4} - Appendix "C" of the State's Civil Rights Assurances may be examined at any office of the SHD or at the FHWA, 400 7th Street S.W., Washington, D.C., 20590. (g) Use of airspace beneath the established gradeline of the highway shall provide sufficient vertical and horizontal clearances for the construction, operation, maintenance, ventilation, and safety of the highway facility. (h) The proposed use of airspace above the established gradeline of the highway shall not at any point between 2 points established 15 feet beyond the 2 outer edges of the geometric section (highway prism) of the highway extend below a horizontal plane which is at least 16 feet, 4 inches above the gradeline of 23 CFR 713 EXHIBIT 15-EX-13 PAGE 3 OF 4 (m) the highway or the minimum vertical clearance plus 4 inches as approved by the State, except as necessary for columns, foundations, or other support structures. Where control and directional signs are to be installed beneath an overhead structure, vertical clearance will be at least 20 feet from the gradeline of the highway to the lowest point of the soffit of the overhead structure. Exceptions to the lateral limits set forth above when justified by the SHD may be considered on an individual basis by the FHWA. Piers, columns, or any other portion of the airspace structure shall not be erected in a location which will interfere with visibility or reduce sight distance or in any other way interfere materially with the safety and free flow of traffic on the highway facility. The structural supports for the airspace facility shall be located to clear all horizontal and vertical dimensions established by the SHD. Supports shall be clear of the shoulder or safety walks of the outer roadway. However, supports may be located in the median or outer separation when the SHD determines and the FHWA concurs that such medians and outer separations are of sufficient width. All supports are to be back of or flush with the face of any wall at the same location. Supports shall be adequately protected by means acceptable to the SHD and the FHWA. No supports shall be located in the ramp gores or in a position so as to interfere with the signing necessary for the proper use of the ramp. The use of airspace shall not result in either highway or non -highway users being unduly exposed to hazardous conditions because of highway location, design, maintenance, and operation features. Appropriate safety precautions and features necessary to minimize the possibility of injury to users of either the highway facility or airspace due to traffic accidents occurring on the highway or accidents resulting from non -highway uses shall be provided. Airspace facilities shall not be approved for construction over or under the highways unless the plans therefor contain adequate provisions acceptable to the SHD and the FHWA for evacuation of the structures or facilities in case of a major accident endangering the occupants of such structures or facilities. Any airspace facility shall be fire resistant in accordance with the provisions of the local applicable building codes found to be acceptable by the SHD and the FHWA. Such airspace facility shall not be used for the manufacture or storage of flammable, explosive, or hazardous material or for any occupation which is deemed by the SHD or the FHWA to be a hazard to highway or non -highway users. Proposals involving the construction of improvements in airspace should be approved by the State authority responsible for fire protection standards. In cases where the SHD or the FHWA questions the acceptability of the existing code, conformance with a nationally accepted model building code will be required. (n) No structure or structures built over a highway facility shall occupy more length of the highway than will permit adequate natural ventilation of the enclosed section of the highway for the conditions at the location assuming a volume of traffic equal to capacity. Each such covered length shall be preceded and followed by uncovered lengths of highway that will safely effect natural ventilation. The SHD shall determine such lengths for each particular case, subject to FHWA concurrence. Exceptions may be considered when complete tunnel ventilation is provided. Unless tunnel ventilation is provided, structures over highways shall be so designed and constructed as to facilitate natural ventilation of the highway. To this end the underside and any supports for such structures shall have smooth and easily cleanable surfaces. Supports for such structures shall leave as much open space on the sides of the highway as feasible. Such space shall be appropriately graded where deemed necessary or desirable by the SHD. The design, occupancy, and use of any structure over or under a highway facility shall be such that neither the use, safety, appearance, nor the enjoyment of the highway will be adversely affected by fumes, vapors, odors, drippings, droppings, or discharges of any kind therefrom. (0) 23 CFR 713 EXHIBIT 15-EX-13 PAGE 4 OF 4 (p) (q) On -premise signs, displays, or devices may be erected on structures occupying highway airspace, but shall be restricted to those indicating ownership and type of on -premise activities and shall be subject to regulation by the SHD and the FHWA with respect to number, size, location, and design. construction of any structure above or below a highway facility shall not require any temporary or permanent change in alignment or profile of an existing highway without prior approval by the SHD and the FHWA. (r) Where either the SHD or the FHWA is of the opinion that the proposed use of airspace requires changes in or additions to existing highway facilities for the proper operation and maintenance of highways, such facilities shall be provided without cost to Federal funds. There may be exceptions to this policy when the proposed use is for highway related or other public or quasi -public use which would assist in integrating the highway into the local environment and enhance other publicly supported programs. This provision is not intended to expand existing limitations upon expenditures from the highway trust fund nor is it intended to conflict with the provisions of volume 7, chapter 7, section 8, of the Federal -Aid Highway Program Manual {5}relating to joint development of highway corridors and multiple use of roadway properties. {5} - the Federal -Aid Highway Program Manual may be examined at the FHWA, 400 7th Street S.W., Washington, D.C., 20590. (s) Proposed airspace facilities shall be designed and constructed in a manner which will permit access to the highway facility for the purpose of inspection, maintenance, and reconstruction when necessary. (t) Permission shall not be granted for any use of airspace which does not conform with the provisions of current, appropriate Federal Aviation Administration regulations. (u) Approval for the use and occupancy of highway ROW for the parking of motor vehicles shall be granted only if proper consideration has been given tot he need for the following: (1) Parking design or arrangement to assure orderly and functional parking. (2) Plantings or other screening measures to improve the esthetics and appearance of the area. (3) Surfacing, lighting, fencing, striping, curbs, wheel stops, pier protection devices, etc. (4) Access for fire protection and fire fighting equipment. (v) Disposition of income received from the authorized use of airspace shall be the SHD's responsibility and credit to Federal funds is not required. 713.205 Inventory: The SHD shall maintain an inventory of all authorized uses of airspace. This inventory, which shall be available for review by appropriate Federal and State agencies, shall include, but not be limited to, the following items for each authorized use of airspace: (a) Location by project, survey station, or other appropriate method. (b) Identification of the authorized user of the airspace. (c) A 3-dimensional description or a metes and bounds description. (d) As -built construction plans of the highway facility at the location where the use of airspace was authorized. (e) Pertinent construction plans of the facility authorized to occupy the airspace. (f) A copy of the executed airspace agreement. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 AGENDA ITEM NO. 15 ITEM TITLE CONTINUED CONSIDERATION OF THE PROPOSED ANNEXATION OF LINCOLN ACRES PREPARED BY Steve Ray, Principal Planner DEPARTMENT Planning EXPLANATION The City Council reviewed the fiscal impact analysis of the proposed annexation of Lincoln Acres at a workshop held December 12, 2000 and continued consideration of the annexation to the January 9, 2001 meeting. The attached report provides background information and outlines several options. Environmental Review Financial Statement N/A N/A Account No. STAFF RECOMMENDATION Council direction requested. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Background Report December 8, 2000 LAFCO letter Resolution No. A-200 (Rev. 9/80) BACKGROUND REPORT The County had made an application for the dissolution of the Lower Sweetwater Fire Protection District and formation of a County Service Area. LAFCO staff suggested that annexation of Lincoln Acres to National City be considered as an alternative to the proposal. The area is within National City's Sphere of Influence. In order to determine the economic effect of such an annexation on National City, the City Council directed that a fiscal impact analysis be prepared, and Hofman Planning Associates was selected to complete the study. The fiscal impact analysis estimated that the cost of the additional services and facilities that National City would provide for the Lincoln Acres area in the event of an annexation would exceed the additional revenue the City would receive by approximately $635,000 per year. In addition, the one time cost to being the Lincoln Acres area into compliance with minimum City standards is projected to be approximately $2,000,000. In a letter dated December 8, 2000, the LAFCO Executive Director has requested that National City state its position on whether the County proposal should be modified to include annexation of Lincoln Acres. Four major options have been identified by staff: 1. Support for annexation conditioned upon full cost recovery. This would require the County to provide the $2,000,000 for one-time costs to the City in addition to the $635,000 per year for a specified period, for instance, ten years. Negotiations with the County would be needed. 2. Support for annexation with partial cost recovery. County reimbursement would still be required, but at reduced levels from those identified in Option No. 1, as determined by City Council. 3. Support for annexation unconditionally. 4. Oppose annexation. LAFCO has set a hearing on the dissolution of the Lower Sweetwater Fire Protection District for March 5, 2001. They have asked for a response from the City Council by January 31, 2001. NATIONAL CITY PLANNING DEPARTMENT 1600 Pacific Highway • Room 452 San Diego, CA 92101 • (619) 531-5400 San Diego Local Agency Formation Commission Website: www.sdlafco.com Chairwoman Julianne Nygaard Councilmember, City of Carlsbad Vice Chairman Andrew L. Vanderlaan Public Member Members Bill Horn County Board of Supervisors Dianne Jacob County Board of Supervisors Patty Davis Councilmember, City of Chula Vista Harry Mathis Councilmember, City of San Diego Ronald W. Wootton Vista Fire Protection District Bud Pocklington South Bay Irrigation District Alternate Members Greg Cox County Board of Supervisors Juan Vargas Councilmember, City of San Diego Jill D. Greer City of Lemon Grove Andrew J. Menshek Padre Dam Municipal Water District Guy W. Winton Ill Public Member Executive Officer Michael D. Ott Counsel John J. Sansone December 8, 2000 Tom McCabe, City Manager City of National City 1243 National City Boulevard National City, CA 91950 SUBJECT: Actions Related to the Proposed Dissolution of the Lower Sweetwater Fire Protection District Dear Mr. McCabe: I wanted to follow up on my letter that requested a copy of the Lincoln Acres annexation feasibility study when it was completed. The report has been received, and I thank you for the prompt response. Also contained in the letter was a request that the City Council inform LAFCO whether annexation might still be considered if the study concluded that annexing Lincoln Acres would result in a negative financial impact to the City. In light of this request, I would like to submit a few comments regarding some of the conclusions contained in the report, and the determination that annexation of Lincoln Acres would create a substantial financial burden to National City. Certain assumptions contained in the report have been identified and have serious financial implications related to National City annexing, and then providing public services to Lincoln Acres. Those assumptions should be the subject of further examination and discussion. • The report assumes that the negotiated property tax exchange would be identical to the formula currently in place under the Master Property Tax Transfer Agreement. That assumption translates to National City receiving 46 percent of the property tax with the County receiving 54 percent. Since the proposed annexation of Lincoln Acres to National City would involve dissolution of the Lower Sweetwater Fire Protection District, the Master Agreement would not apply. Therefore, the exchange of property tax revenue between National City and the County would be subject to negotiation and ultimately could be allocated at a different proportion than that used in the report. Tom McCabe, City Manager Page 2 December 8, 2000 • In addition, the projected increase of costs associated with providing library services to the Lincoln Acres community may not be applicable. In stating that that library facilities are not expected to be adequate to serve the increased population associated with annexation of Lincoln Acres, the report assumes that the library currently does not serve residents of Lincoln Acres. Based upon the geographic relationship of Lincoln Acres to National City, it appears likely that Lincoln Acres residents already utilize the library's resources. Therefore, the projected increase in costs for providing library service for Lincoln Acres residents may not be significant. ♦ Another area where cost -saving might be realized is the projected need to enlarge the number of personnel currently working in the planning department. The report indicates that one full-time planner would be required due to the increase in the development potential of Lincoln Acres. Historically, Lincoln Acres has been an area where modest growth has occurred. Therefore, it appears that there may be justification to reconsider the assumption that annexation to National City would necessitate the addition of a full-time planner. • The report also identifies a substantial expenditure of funds for public works and engineering projects to bring Lincoln Acres up to City standards. Alternative strategies may exist that could diminish this negative financial impact to National City, and these alternatives may be worthy of investigation. One alternative might be the implementation of an overlay zone in Lincoln Acres that would designate the area as a place where urban type improvements, such as sidewalks, pedestrian ramps, and curbs, are not required. The benefit of this approach would be two -fold. First, a reduction of both start-up and on -going costs would be realized, and second, the area would maintain the rural character and atmosphere that current residents are seeking. These comments represent a brief assessment of some issue areas that emerged in a preliminary review of the fiscal report. A more thorough analysis might identify other areas where alternative plans could provide solutions and procedures to mitigate the financial implications of National City assuming responsibility for the Lincoln Acres community. We plan to schedule the Lower Sweetwater FPD dissolution proposal and related jurisdictional changes/alternatives for LAFCO consideration in February or March 2001. Therefore, we would appreciate a response by January 31, 2001 from the National City Council stating its position on whether this proposal should be modified to include annexation to National City. Tom McCabe, City Manager Page 3 December 8, 2000 Should you have any questions or comments, please do not hesitate to call me at (619) 531-5400. Executive Officer MDO:IEH:jb cc: Mayor George Waters Supervisor Greg Cox Roger Post, Planning Director, National City Joan Vokac, County Department of Planning & Land Use City of National City, California COUNCIL AGENDA STATEMENT January 9, 2001 MEETING DATE *Refer to Item #2* 16 AGENDA ITEM NO. (-ITEM TITLE Status of the New Municipal Storm Water Permit in San Diego, Tentative Order No. 2001-01 and Potential Cost Impact for the Implementation of Permit Requirements PREPARED BY Din Daneshfar EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review Financial Statement No immediate cost. STAFF RECOMMENDA Establish a fiscal funding X N/A Account No. ementatiorj'of the new Permit Order No. 2001-01. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Annual Cost Impact 2. A copy of the draft Permit Order No. 2001-01 Resolution No. A-200 (9/80) Explanation: In 1987 the Federal Government approved Amendments to the Clean Water Act. All of the Cities, the County of San Diego, and the Port District were designated co-permittees and issued a 5 year permit under the National Pollutant Discharge Elimination System (NPDES) from the San Diego Regional Water Quality Control Board. The basic provisions of this permit consisted of monitoring the dry and wet weather flows in the storm sewers to determine what and where the problems were. The programs also consisted of educating the public to the problems related to dumping materials into the storm drain system (best management practices) and adopting Municipal Code Ordinances prohibiting such dumping. The original 5 year permit was extended for an additional 7 years (total 12 years) until a new Municipal Storm Water Permit could be developed. The development of a new permit was delegated to the State Water Quality Control Board from the Environmental Protection Agency (EPA). The State Water Resources Board has held many hearings and appears to be ready to adopt a new permit on February 14, 2001. It is anticipated that the adopted permit will be identical to the attached draft permit with minor revisions. The new permit contains requirements that will take tremendous staff time to administer. It will also require extensive maintenance work and consulting services. Based upon an initial review of the proposed requirements, it appears that there will be an initial set up cost of $320,000 with an on going yearly cost of over $1,000,000 (refer to detail estimate). Presently National City is allocating $25,000 per year directly to the existing NPDES program, through a small surcharge on the sewage bills. Anticipating changes in the requirements of the NPDES permit, National City has over the past 2 years, added two new street sweepers to increase the over all cleanness of the streets. The City has also up sized, and modernized it sewage and storm sewage cleaning abilities through the expansion of its monitoring and maintenance procedures. The City has recently entered into an Agreement with a consulting firm to begin an overall inventory of the City's sanitary sewer pipes and storm sewer systems, along with the inventory, cleaning, and videoing of the systems. A GIS database will be created. The work will also consist of developing a hydraulic analysis of the existing systems, which will lead to the development of a 5 and 10 year Capital Improvement Program. The implementation of the above programs will offset the initial start up costs and the ongoing costs of the new permit, however it is extremely difficult to determine how much the costs will be offset, therefore a worst case cost scenario was developed and included in this report. ANNUAL ESTIMATED COSTS BY TASKS AND HOURS TO IMPLEMENT THE PROPOSED NPDES PERMIT (2001-01) Tasks 1 and 2 (apply to the categories of non -storm water discharges that need only be prohibited from entering a Municipal Separate Storm Water Sewer System (MS4) if such categories of discharge are identified as a significant source of pollutants) - Identify a category of non -storm water discharge to be prohibited or not by examining the dry weather field screening results (if it is to be prohibited establish BMP(s) and submit information to the SDRWQCB). Conduct follow up investigations to control any contaminated non -prohibited discharge category listed in the permit. If a discharge is found uncontrollable prohibit the discharge. 200 hours (one time) for administration -1 person $10,000 200 hours for administration -1 person $10,000 200 hours for maintenance - 2 people $10,000 Consultant Services - Lump Sum Cost $10,000 Subtotal $40,000 Task 3 - Notify and submit a report to the SDRWQCB of any pollutant discharges with BMP(s) to prevent/reduce the pollutants. Incorporate the report into the annual update to the jurisdictional Urban Runoff Management Program, URMP (the report shall include an implementation schedule). 400 hours for administration -1 person 400 hours for maintenance -1 person $20,000 $16,000 Subtotal $36,000 Task 4 - Establish, maintain, and enforce adequate legal authority through ordinance, statue, permit, contract to manage the storm water pollution prevention program (at a minimum, this legal authority authorizes to control pollutant discharges from industrial and construction sites). Update and enforce grading ordinances to comply with this permit, prohibit and eliminate illicit discharges and connections to the MS4, control the contribution of pollutants from a MS4 to another MS4 through interagency agreements, control discharge of spills, and utilize enforcement mechanisms to carry out inspections. Provide to the SDRWQCB a certified statement that the agency has adopted an ordinance to implement this permit. 240 hours (one time) for administration - 3 people 500 hours for administration - 3 people Subtotal $36,000 $75,000 $111,000 Task 5 — Revise General Plan to include principals and policies to minimize impervious surfaces, treat surface water, provide riparian corridors, wetlands and buffer zones, discourage disturbance of natural drainage systems, require BMP(s) to mitigate the future increased traffic, avoid developments of areas susceptible to erosion, implement SANDAG's recommendations as found in its Regional Growth Management Strategy, and maintain post -development below pre -development runoff rates and velocities. 300 hours (one time) for administration — 2 people $30,000 500 hours for administration — 2 people $50,000 Subtotal $80,000 Task 6 — Require implementation of the pollution prevention control in the conditions of approval for all of the development projects. The conditions of approval shall include policies to maximize infiltration to provide retention, require industrial applications for the projects subject to statewide General NPDES Permit for storm water discharge associated with industrial activities, require construction activities to meet components of this permit, require long term maintenance of post -construction BMP(s) in perpetuity, ensure that the post -development runoff rates and velocities from a site do not exceed the pre -development run off rates and velocities. 200 hours (one time) for administration — 2 people $20,000 500 hours for administration — 2 people $50,000 Subtotal $70,000 Tasks 7 through 9 — Develop a model Standard Urban Storm Water Mitigation Plan (SUSUMP) to reduce pollutants and runoff flows from new development and significant redevelopment projects, adopt the local SUSUMP, amend the ordinances to be consistent with the approved model SUSUMP, and submit both local SUSUMP and amended ordinance to the SDRWQCB. Ensure that all new development and significant re- development projects falling under the priority project categories or locations listed in the permit meet SUSUMP requirements. The SUSUMP shall include a list of recommended pollution prevention source control, and structural treatment BMP(s). Develop a procedure for pollutants of concerns to be identified for each development. Implement a process to identify at what point in the planning process, it will be required to meet SUSUMP requirements (restaurant projects with less than 500 square feet shall meet all SUSUMP requirements except for structural treatment BMP and numerical sizing criteria). 1000 hours (one time) for administration — 2 people $100,000 2000 hours for administration — 2 people $200,000 Subtotal $300,000 Task 10 — Revise environmental review processes and California Environmental Quality Act (CEQA) initial study checklists to include requirements for evaluation of water quality effects and identification of appropriate mitigation measures (the revised CEQA initial study checklist shall include questions, addressing increased pollutants and flows from the proposed projects). 480 hours (one time) for administration — 2 people $48,000 Task 11 — Implement an education program focused on new developments and redevelopment to ensure that the planning and development review staff is familiar with the permit requirements. Implement an education program to ensure that the development project applicants, developers, contractors and property owners are familiar with the permit requirements. 500 hours (one time) for administration — 1 person 200 hours for administration — 1 person $25,000 $10,000 Subtotal $35,000 Task 12 and 13 — Implement construction component of the permit, addressing pollution prevention, grading ordinance update, modifying construction and grading approval process, source identification, threat to water quality prioritization, BMP implementation, inspection of sites, enforcement of construction sites, and reporting of non -compliant sites to the SDRWQCB. 500 hours for administration and construction — 2 people $50,000 Task 14 — Implement municipal component of the permit, addressing pollution prevention, source identification, threat to water quality prioritization, BMP implementation, maintenance of Municipal Separate Storm Sewer System (MS4), management of pesticides, herbicides and fertilizers, and inspection of municipal areas and activities, enforcement of municipal areas and activities. 200 hours for administration — 1 person $10,000 500 hours for maintenance - 3 people $60,000 Consultant Services - Lump Sum Cost $5,000 Subtotal $75,000 Tasks 15 and 16 — Implement industrial component of the permit, addressing pollution prevention, source identification, threat to water quality prioritization, BMP implementation, monitoring of industrial sites, inspection of industrial sites, enforcement measures for industrial sites, and reporting of non -compliant industrial sites to the SDRWQCB. 200 hours for administration — 2 people $20,000 3 Task 17 — Implement commercial component of the permit, addressing pollution prevention, source identification, BMP implementation, inspection of commercial sites and sources, and enforcement of commercial sites and sources. 100 hours for administration — 2 people $10,000 Task 18 — Implement residential component of the permit, addressing pollution prevention, threat to water quality prioritization, BMP implementation, and enforcement of residential areas and activities. 100 hours for administration — 3 people $15,000 Task 19 — Implement educational component of the permit (using all media as appropriate), addressing municipal departments and personals, construction site owners and developers, industrial owners and operators, commercial owners and operators, residential community, general public, school children, and quasi -governmental agencies/districts. 500 hours for administration — 2 people Consultant Services — Lump Sum Cost Subtotal $50,000 $50,000 $100,000 Task 20 — Implement an illicit discharge detection and elimination component of the permit, addressing illicit discharge connections, dry weather analytical monitoring, investigation / inspection and follow up, elimination of illicit discharges and connections, enforcement of ordinance, preventing and responding to sewage spills, facilitating public reporting of illicit discharges, facilitating disposal of used oil and toxic materials, and limiting infiltration from sanitary sewer system. Submit dry weather analytical monitoring map and procedures, and conduct dry weather analytical monitoring. Dry Weather Monitoring Analysis shall include a completed MS4 map, selected dry weather analytical monitoring stations (out falls located by placing a grid over a drainage system map and identifying those cells of the grid which contain a segment of the MS4 or major out fall), and dry weather analytical monitoring procedures. 400 hours for administration — 1 person $20,000 400 hours for maintenance — 2 people $32,000 Consultant Services - Lump Sum Cost $70,000 Subtotal $122,000 Task 21 — Implement public participation component of the permit, addressing a mechanism for public participation in the implementation of the jurisdictional Urban Runoff Management Program (URMP). 4 100 hours for administration — 2 people $10,000 Task 22 and 23 - Develop a long term strategy to assess jurisdictional URMP effectiveness (the assessment shall be made as a part of the annual URMP reports). Implement a self -assessment, addressing the status of compliance with each component of jurisdictional URMP and the permit (the self -assessment shall include percentage compliance with this permit and be included in the jurisdictional URMP annual reports). 200 hours (one time) for administration — 2 people 400 hours for administration — 1 person $20,000 $20,000 Subtotal $40,000 Task 24 and 25 — Develop strategy to conduct a fiscal analysis of the urban runoff management program. Demonstrate sufficient financial resources to implement the permit requirements. Evaluate the expenditures (such as capital, operation and maintenance, education, and administrative expenditures) necessary to accomplish the permit requirements. 200 hours (one time) for administration —1 person 400 hours for administration — 1 person $10,000 $20,000 Subtotal $30,000 Task 26 — Implement watershed urban runoff management program by collaborating with other copermittees, preparing a map of the watershed addressing assessment of the water quality of all receiving waters in the watershed based upon existing water quality data, and annual watershed water quality monitoring. Identify major quality problems, implement time schedule of activities, identify responsible copermittees, provide a mechanism for public participation, a watershed based education program, and a mechanism to facilitate collaboration of neighboring local governments. Implement assessing the effectiveness of the watershed URMP. Each watershed member copermittee shall report to each lead watershed copermittee. 1000 hours for administration — 1 person $50,000 Task 27 — Execute and submit to SDRWQCB a memorandum of understanding, joint powers authority, which shows collaboration of all Co-permittees for using standardized methods to implement this permit. 400 hours for administration (one time) — 1 person $20,000 Tasks 28 through 31 — Implement receiving waters monitoring and report program, addressing assessment of the compliance with this permit, measuring the effectiveness of Urban Runoff Management Plans, assessing the chemical, physical, and biological 5 impacts to receiving waters, assessing the overall health and evaluating long-term trends in receiving water quality. 800 hours for administration — 1 person $40,000 Consultant Services - Lump Sum Cost $100,000 Subtotal Tasks 32 and 33 — See Task 20 $140,000 Tasks 34 and 35 — See tasks 1 through 33 for Compliance with the standard provisions reporting requirements, and notifications. The grand total cost (one time) is $319,000. The grand total cost (on going) is $1,073,000. 6 r Tentative Order No. 2001-01 Page 1 of 50 C:\Web Development\RW QCB9 Internet SiteUntemet DocumentssStormW ater\SDMuniPermitdoc CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION TENTATIVE ORDER NO. 2001-01 NPDES NO. CA0108758 October 11, 2000 WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES OF URBAN RUNOFF FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) DRAINING THE WATERSHEDS OF THE COUNTY OF SAN DIEGO, THE INCORPORATED CITIES OF SAN DIEGO COUNTY, AND THE SAN DIEGO UNIFIED PORT DISTRICT The California Regional Water Quality Control Board, San Diego Region (hereinafter SDRWQCB), finds that 1. COPERMITTEES ARE DISCHARGERS OF URBAN RUNOFF: Each of the persons in Table 1 below, hereinafter called Copermittees or dischargers, owns or operates a municipal separate storm sewer system (MS4), through which it discharges urban runoff into waters of the United States within the San Diego Region. These MS4s fall into one or more of the following categories: (1) a medium or large MS4 that services a population of greater than 100,000 or 250,000 respectively; or (2) a small MS4 that is Interrelated" to a medium or large MS4; or (3) an MS4 which contributes to a violation of a water quality standard; or (4) an MS4 which is a significant contributor of pollutants to waters of the United States. Table 1. Municipal Copermittees 1. City of Carlsbad 11. City of National City 2. City of Chula Vista 12. City of Oceanside 3. City of Coronado 13. City of Poway 4. City of Del Mar 14. City of San Diego 5. City of El Cajon 15. City of San Marcos 6. City of Encinitas 16. City of Santee 7. City of Escondido 17. City of Solana Beach 8. City of Imperial Beach 18. City of Vista 9. City of La Mesa 19. County of San Diego 10. City of Lemon Grove 20. San Diego Unified Port District 2. URBAN RUNOFF IS A "WASTE" AND A "POINT SOURCE DISCHARGE OF POLLUTANTS": Urban runoff is a waste, as defined in the California Water Code, that contains pollutants and adversely affects the quality of the waters of the State. The discharge of urban runoff from an MS4 is a "discharge of pollutants from a point source" into waters of the United States as defined in the Clean Water Act. 3. URBAN DEVELOPMENT AND RUNOFF CAUSES RECEIVING WATER DEGRADATION: Urban runoff discharges from MS4s are a leading cause of receiving water quality impairment in the San Diego Region and throughout the United States. As runoff flows over urban areas, it picks up harmful pollutants such as pathogens, sediment, fertilizers, pesticides, heavy metals, and petroleum products. These pollutants often become dissolved or suspended in urban runoff and are conveyed and discharged to receiving waters, such as streams, lakes, lagoons, bays, and the ocean without treatment. Once in receiving waters, these pollutants Tentative Order No. 2001-01 Page 2 of 50 October 11, 2000 C:1Web DevelopmenttRWQC89 Internet SiteNntemet Documents\StormWaterLSDMuniPermit.doc harm aquatic life primarily through toxicity and habitat degradation. Furthermore, the pollutants can enter the food chain and may eventually enter the tissues of fish and humans. There is a strong direct correlation between "urbanization" and "impacts to receiving water qualit}i'. In general, the more heavily developed the area, the greater the impacts to receiving waters from urban runoff. RBAN DEVELOPMENT INCREASES POLLUTANT LOAD, VOLUME, AND VELOCITY OF UNOFF: During urban development two important changes occur. First, natural vegetated pervious ground cover is converted to impervious surfaces such as paved highways, streets, rooftops, and parking lots. Natural vegetated soil can both absorb rainwater and remove pollutants providing a very effective natural purification process. Because pavement and concrete can neither absorb water nor remove pollutants, the natural purification characteristics of the land are lost. Secondly, urban development creates new pollution sources as human population density increases and brings with it proportionately higher levels of car emissions, car maintenance wastes, municipal sewage, pesticides, household hazardous wastes, pet wastes, trash, etc. which can either be washed or directly dumped into the MS4. As a result of these two changes, the runoff leaving the developed urban area is significantly greater in volume, velocity and pollutant load than the pre -development runoff from the same area. 5. WATER QUALITY DEGRADATION INCREASES WITH PERCENT IMPERVIOUSNESS : The increased volume and velocity of runoff from developed urban areas greatly accelerates the erosion of downstream natural channels. Numerous studies have demonstrated a direct correlation between the degree of imperviousness of an area and the degradation of its receiving water quality. Significant declines in the biological integrity and physical habitat of streams and other receiving waters have been found to occur with as little as a 10% conversion from natural to impervious surfaces. (Developments of medium density single family homes range between 25 to 60% impervious). Today "% impervious coverage" is believed to be a reliable indicator and predictor of the water quality degradation expected from planned new development. 6. URBAN RUNOFF IS A HUMAN HEALTH THREAT: Urban runoff contains pollutants, which threaten human health. Human illnesses have been clearly linked to recreating (i.e., swimming, surfing, etc.) near storm drains flowing to coastal beach waters. Such flows from urban areas often result in the posting or closure of local beaches. Pollutants transported to receiving waters by urban runoff can also enter the food chain. Once in the food chain they can "bioaccumulate" in the tissues of invertebrates (e.g., mussels, oysters, and lobsters) and fish which may be eventually consumed by humans. Furthermore, some pollutants are also known to "biomagnify". This phenomenon can result in pollutant concentrations in the body fat of top predators that are millions of times greater than the concentrations in the tissues of their lower trophic (food chain) counterparts or in ambient waters. 7. POLLUTANT TYPES: The most common categories of pollutants in urban runoff include total suspended solids, sediment (due to anthropogenic activities); pathogens (e.g., bacteria, viruses, protozoa); heavy metals (e.g., copper, lead, zinc and cadmium); petroleum products and polynuclear aromatic hydrocarbons; synthetic organics (e.g., pesticides, herbicides, and PCBs); nutrients (e.g., nitrogen and phosphorus fertilizers), oxygen -demanding substances (decaying vegetation, animal waste), and trash. Tentative Order No. 2001-01 Page 3 of 50 October 11, 2000 C:\Web Development\RWQCB9 Internet Skelinternet Documents\StormWaterrSDMuniPermit.doc URBAN STREAMS AS AN MS4 COMPONENT: Historic and current development make use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the municipalities MS4 regardless of whether they are natural, man-made, or partially modified features. In these cases, the urban stream is both an MS4 and a receiving water. 9. URBAN RUNOFF CAUSES BENEFICIAL USE IMPAIRMENT: Individually and in combination. the discharge of pollutants and increased flows from MS4s can cause or threaten to cause a condition of pollution (i.e.. unreasonable impairment of water quality for designated beneficial uses), contamination, or nuisance. The discharge of pollutants from MS4s can cause the concentration of pollutants to exceed applicable receiving water quality objectives and impair or threaten to impair designated beneficial uses. 10. COPERMITTEES IMPLEMENT URBAN RUNOFF MANAGEMENT PROGRAMS (URMPs) : Copermittee implementation of Urban Runoff Management Programs (URMPs) designed to reduce discharges of pollutants and flow into and from MS4s to the maximum extent practicable (MEP) can protect receiving water quality by promoting attainment of water.quality objectives necessary to support designated beneficial uses. To be most effective, URMPs must contain both structural and non-structural best management practices (BMPs). 11. BEST MANAGEMENT PRACTICES (BMPs): Pollutants can be effectively reduced in urban, runoff by the application of a combination of pollution prevention, source control, and treatment control BMPs. Source control BMPs (both structural and non-structural). minimize the contact between pollutants and flows (e.g., rerouting run-on around pollutant sources or keeping pollutants on -site and out of receiving waters). Treatment control (or structural) BMPs remove pollutants from urban runoff. 12. POLLUTION PREVENTION: Pollution prevention, the initial reduction/elimination of pollutant generation at its source, is the best "first line of defense" for Copermittees and should be used in conjunction with source control and treatment control BMPs. Pollutants that are never generated do not have to be controlled or treated. 13. RECEIVING WATER LIMITATIONS: Compliance with receiving water limits based on applicable water quality objectives is necessary to ensure that MS4 discharges will not cause or contribute to violations of water quality objectives and the creation of conditions of pollution. 14. RECEIVING WATER. LIMITATION COMPLIANCE STRATEGY: Implementation of BMPs cannot ensure attainment of receiving water quality objectives under all circumstances; some BMPs may not prove to be as effective as anticipated. An iterative process of BMP development, implementation, monitoring, and assessment is necessary to assure that an Urban Runoff Management Program is sufficiently comprehensive and effective to achieve compliance with receiving water quality objectives. OPERMITTEES' RESPONSIBILITY FOR ILLICIT DISCHARGES FROM THIRD PARTIES : As operators of MS4s, the Copermittees cannot passively receive and discharge pollutants from third parties. By providing free and open amass to an MS4 that conveys discharges to the waters of the United States, the operator of an MS4 that does not prohibit and/or control discharges into its system essentially accepts "title" for those discharges. 16. COPERMITTEES' RESPONSIBILITY BASED ON LAND USE AUTHORITY: Utilizing their land use authority, Copermittees authorize and profit from the urban development which generates the pollutants and runoff that impair receiving waters. Since the Copermittees utilize their legal authority to authorize urbanization, they must also exercise their legal authority to ensure that the resulting increased pollutant loads and flows do not further degrade receiving waters. Tentative Order No. 2001-01 Page 4 of 50 October 11, 2000 C:\Web DevelopmenttRWQCB9 Internet Site\Internet Documents\StormWater\SDMuniPermit.dac 17. THREE PHASES OF URBAN DEVELOPMENT: Urban development has three major phases: (1) land use planning for new development; (2) construction; and (3) the "use" or existing development phase. Because the Copermittees authorize, permit, and profit from each of these phases, and because each phase has a profound impact on water quality, the Copermittees have commensurate responsibilities to protect water quality during each phase. In other words, Copermittees are held responsible for the short and long-term water quality consequences of their land use planning, construction, and existing development decisions. 18. PLANNING PHASE FOR NEW DEVELOPMENT: Because land use planning and zoning is where urban development is conceived, it is the phase in which the greatest and most cost- effective opportunities to protect water quality exists. When a Copermittee incorporates policies and principles designed to safeguard water resources into its General Plan and development project approval processes, it has taken a far-reaching step towards the preservation of local water resources for future generations. 19. CONSTRUCTION PHASE: Construction activities are a significant cause of receiving water impairment. Siltation is currently the largest cause of river impairment in the United States. Sediment runoff rates from construction sites greatly exceed natural erosion rates of undisturbed lands causing siltation and impairment of receiving waters. In addition to requiring implementation of the full range of BMPs, an effective construction runoff program must include local plan review, permit conditions, field inspections, and enforcement 20. EXISTING DEVELOPMENT: The Copermittees' wet weather monitoring results collected during the past decade, as well as volumes of other references in the literature today, confirm substantial pollutant loads to receiving waters in runoff from existing urban development Implementation of jurisdictional and watershed URMPs, which include extensive controls on existing development, can reduce pollutant loadings over the long term. 21. CHANGES NEEDED: Because the urbanization process is a direct and leading cause of water quality degradation in this Region, fundamental changes to existing policies and practices about urban development are needed if the beneficial uses of San Diego's natural water resources are to be protected. 22. DUAL REGULATION OF INDUSTRIAL AND CONSTRUCTION SITES: Discharges of runoff from industrial and construction sites in this Region are subject to dual (state and local) regulation. (1) All industries and construction sites are subject to the local permits, plans, and ordinances of the municipal jurisdiction in which it is located. Pursuant to this Order, local (storm water, grading, construction, and use) permits, plans, and ordinances must (a) prohibit the discharge of pollutants and non -storm water into the MS4; and (b) require the routine use of BMPs to reduce pollutants in site runoff. (2) Many industries and construction sites are also subject to regulation under the statewide General Industrial Storm Water Permit or statewide General Construction Storm Water Permits. These statewide general permits are adopted by the State Water Resources Control Board and enforced by the nine Regional Water Quality Control Boards throughout California. Like the Copermittees' local permits and ordinances, the statewide General Industrial and Construction Permits also (a) prohibit the discharge of pollutants and non -storm water; and (b) require the routine use of BMPs to reduce pollutants in site runoff. I The 'statewide General industrial Storm Water Permit" refers to State Water Resources Control Board Water Quality Order No. 97-03-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. The "statewide General Construction Storm Water Permit" refers to State Water Resources Control Board Order No. 99-08-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. Tentative Order No. 2001-01 Page 5 of 50 October 11, 2000 C:\Web DevelopmentIRWQCB9 Internet Site\Internet Documents \StormWater\SDMuniPennit.doc Recognizing that both authorities share a common goal, the federal storm water regulations at 40 CFR 122.26 (and its preamble) call for the dual system to ensure the most effective oversight of industrial and construction site discharges. Under this dual system, each municipal Copermittee is responsible for enforcing its local permits, plans, and ordinances within its jurisdiction. Similarly, the SDRWQCB is responsible for enforcing both statewide general permits and this Order within the San Diego Region. 23. EDUCATION: Education is the foundation of every effective URMP and the basis for changes in behavior at a societal level. Education of municipal planning, inspection, and maintenance department staffs is especially critical to ensure that in-house staffs understand how their activities impact water quality, how to accomplish their jobs while protecting water quality, and their specific roles and responsibilities for compliance with this Order. Public education, designed to target various urban land users and other audiences, is also essential to inform the public of how individual actions impact receiving water quality and how these impacts can be minimized. 24. ENFORCING LOCAL LEGAL AUTHORITY: Enforcement of local urban runoff related ordinances, permits, and plans is an essential component of every URMP and is specifically required in the federal storm water regulations and this Order. Routine inspections provide an effective means by which Copermittees can evaluate compliance with their permits and ordinances. Inspections are especially important at high -risk areas for pollutant discharges such as industrial and construction sites. When industrial or construction site discharges occur in violation of local permits and ordinances, the SDRWQCB looks first to the municipality that has authorized the discharge for appropriate actions (typically education followed by enforcement where education has been unsuccessful). If the municipality has demonstrated a good faith effort to educate and enforce but remains unsuccessful, the SDRWQCB will then step in to enforce the applicable statewide general permit. If the municipality has not demonstrated a good faith enforcement effort, the SDRWQCB may initiate enforcement action against both the industrial or construction discharger (under the statewide general permit), as well as against the authorizing municipal Copermittee for violations of this Order. Each Copermittee must also provide the first level of enforcement against illegal discharges from other land uses it has authorized, such as commercial and residential developments. 25. PUBLIC PARTICIPATION: Public participation during the URMP development process is necessary to ensure that all stakeholder interests and a variety of creative solutions are considered. 26. TOXICITY: Urban runoff discharges from MS4s often contain pollutants that cause toxicity, (i.e., adverse responses of organisms to chemicals or physical agents ranging from mortality to physiological responses such as impaired reproduction or growth anomalies). The water quality objectives for toxicity provided in the Water Quality Control Plan, San Diego Basin, Region 9, (Basin Plan), state in part 'All waters shall be free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant; animal, or aquatic life.... The survival of aquatic life in surface waters subjected to a waste discharge or other controllable water quality factors, shall not be less than that for the same water body in areas unaffected by the waste discharge..." Urban runoff discharges from MS4s are considered toxic when (1) the toxic effect observed in an acute toxicity test exceeds zero Toxic Units Acute (TUa=O); or (2) the toxic effect observed in a chronic toxicity test exceeds one Toxic Unit Chronic (TUc=1). 27. FOCUS ON MAN-MADE POLLUTANTS AND FLOWS: The focus of this Order is on the control of urban runoff pollutants and flows which are either generated or accelerated by Tentative Order No. 2001-01 Page 6 of 50 October 11, 2000 C:1Web Developmen6RWQCB9 Internet Site lnternet DocumentssStormWater\SDMuniPennitdoc human activities. This Order is not meant to control background or naturally occurring pollutants and flows. 28. COMMON WATERSHEDS AND CWA SECTION 303(d) IMPAIRED WATERS: The Copermittees discharge urban runoff into lakes, drinking water reservoirs, rivers, streams, creeks, bays, estuaries, coastal lagoons, the Pacific Ocean, and tributaries thereto within ten of the eleven hydrologic units (watersheds) comprising the San Diego Region as shown in Table 2 below. During its downstream course, urban runoff is conveyed through lined and unlined (natural, manmade, and partially modified) channels, all of which are defined as components of the Copermittees' MS4. Some of the receiving water bodies, which receive or convey urban runoff discharges, have been designated as impaired by the SDRWQCB and USEPA in 1998 pursuant to Clean Water Act section 303(d). Also shown below are the watershed management areas (WMAs) as defined in the SDRWQCB report, Watershed Management Approach, January2000. Table 2. Watershed Management Areas (WMAs) 1. Conform Bacteria 2. Nutrients 1. County of San Diego Santa Margarita River Santa Margarita (902.00) Santa Margarita River and Estuary, Pacific Ocean San Luis Rey River San Luis Rey (903.00) San Luis Rey River and Estuary, Pacific Ocean 1. Colifam Bacteria 2. Nutrients 1. City of Escondido 2. City of Oceanside 3. City of Vista 4. County of San Diego Carlsbad Carlsbad (904.00) Batiquitos Lagoon San Elijo Lagoon Agua Hedionda Lagoon Buena Vista Lagoon And Tributary Streams Pacific Ocean 1. Colifonn Bacteria 2. Nutrients 3. Sediment 1. City of Carlsbad 2. Ctly of Encinitas 3. City of Escondido 4. City of Oceanside 5. City of San Marcos 6. City of Solana Beach 7. City of Vista 8. County of San Diego San Dieguito River San Dieguito (905.00) San Dieguito River and Estuary, Pacific Ocean 1. Coliform Bacteria 1. City of Del Mar 2. City of Escondido 3. City of Poway 4. City of San Diego 5. City of Solana Beach 6. County of San Diego Mission Bay Penasquitos (906.00) Los Pefiasquitos Lagoon Mission Bay, Pacific Ocean 1. Coliform Bacteria 2. Metals 3. Nutrients 4. Sediment 1. City of Del Mar 2. City of Poway 3. City of San Diego 4. County of San Diego San Diego River San Diego (907.00) San Diego River, Pacific Ocean 1. Coliform Bacteria 1. City of El Cajon 2. City of La Mesa 3. City of Poway 4. City of San Diego 5. City of Santee 6. County of San Diego San Diego Bay Pueblo San Diego (906.00) Sweetwater (909.00) Otay (910.00) San Diego Bay Sweetwater River Otay River Pacific Ocean 1. Coliform Bacteria 2. Metals 3. Toxicity 4. Benthic Community Degradation 1. City of Chula Vista 2. City of Coronado 3. City of El Cajon 4. City of Imperial Beach 5. City of La Mesa 6. City of Lemon Grove 7. City of National City 8. City of San Diego 9. County of San Diego 10.San Diego Unified Port District Tentative Order No. 2001-01 Page 7 of 50 October 11, 2000 C:1Web Development\RWQCB9 Internet Sitellnternet Documents\StormWater1SDMuniPennitdoc \RE Tijuana River Tijuana (911.00) Tijuana River and Estuary Pacific Ocean 1. Colirorm Bacteria 1. City of Imperial 2. Low Dissolved Oxygen Beach 3. Metals 2. City of San Diego 4. Nutrients 3. County of San Diego 5. Pesticides 6. Synthetic Organs 7. Total Dissolved Solids B. Trash 29. CUMULATIVE POLLUTANT LOAD CONTRIBUTIONS: Because they are interconnected, each MS4 within a watershed contributes to the cumulative pollutant loading, volume, and velocity of urban runoff and the ensuing degradation of downstream receiving water bodies. Accordingly, inland MS4s contribute to coastal impairments. 30. LAND USE PLANNING ON A WATERSHED SCALE: Because urban runoff does not recognize political boundaries, "watershed -based" land use planning (pursued collaboratively by neighboring local governments) can greatly enhance the protection of shared natural water resources. Such planning enables multiple jurisdictions to work together to plan for both development and resource conservation that can be environmentally as well as economically sustainable. 31. INTERGOVERNMENTAL COORDINATION: Within their common watersheds it is essential for the Copermittees to coordinate their water quality protection and land use planning activities to achieve the greatest protection of receiving water bodies. Copermittee coordination with other watershed stakeholders, especially Caltrans and the Department of Defense, is also critical. Establishment of a management structure, within which the Copermittees subject to this Order, will fund and coordinate those aspects of their joint obligations will promote implementation of Urban Runoff Management Programs on a watershed and regional basis in the most cost effective manner. 32. WASTE REMOVAL: Waste and pollutants which are deposited and accumulate in MS4 drainage structures will be discharged from these structures to waters of the United States unless they are removed. These discharges may cause or contribute to, or threaten to cause or contribute to, a condition of pollution in receiving waters. Once removed, such accumulated wastes must be characterized and lawfully disposed. 33. TOXIC HOT SPOTS: Urban runoff is a significant contributor to the creation and persistence of Toxic Hot Spots in San Diego Bay. California Water Code section 13395 requires regional boards to reevaluate waste discharge requirements (WDRs) associated with toxic hot spots. The State Water Resources Control Board (SWRCB) adopted the Consolidated Toxic Hot Spot Cleanup Plan in June 1999. The Plan states: "The reevaluation [of WDRs associated with toxic hot spots] shall consist of (1) an assessment of the WDRs that may influence the creation or further pollution of the known toxic hot spot, (2) an assessment of which WDRs need to be modified to improve environmental conditions at the known toxic hot spot, and (3) a schedule for completion of any WDR modifications deemed appropriate." 34. CHANGING THE STORM WATER MANAGEMENT APPROACH: In contrast to the conventional "conveyance" approach, a more natural approach to storm water management seeks to filter and infiltrate runoff by allowing it to flow slowly over permeable vegetated surfaces. By "preserving and restoring the natural hydrologic cycle", filtration and infiltration can greatly reduce the volume/peak rate, velocity, and pollutant loads of urban runoff. The greatest opportunities for changing from a "conveyance" to a more natural management approach occur during the land use planning and zoning processes and when new development projects are under early design. Tentative Order No. 2001-01 Page 8 of 50 October 11, 2000 C:\Web Development\RWQCB9 Internet Site\Internet Documents\StonnWaler\SDMuniPermit.doc 35. INFILTRATION AND POTENTIAL GROUNDWATER CONTAMINATION: Any drainage feature that infiltrates runoff poses some risk of potential groundwater contamination. Although dependent on several factors, the risks typically associated with the infiltration of runoff (especially from residential land use areas) are not significant. The risks associated with infiltration can be managed by many techniques, including (1) designing landscape drainage features that promote infiltration of runoff, but do not "inject" runoff (injection bypasses the natural processes of filtering and transformation that occur in the soil); (2) taking reasonable steps to prevent the illegal disposal of wastes; and (3) ensuring that each drainage feature is adequately maintained in perpetuity. Minimum conditions needed to protect groundwater are specified in section F.1.b. of this Order. 36. ANTIDEGRADATION: Conscientious implementation of URMPs that satisfy the requirements contained in this Order will reduce the likelihood that discharges from MS4s will cause or contribute to unreasonable degradation of the quality of receiving waters. Therefore, this Order is in conformance with SWRCB Resolution No. 68-16 and the federal antidegradation policy described in 40 CFR 131.12. EQA: The issuance of waste discharge requirements for the discharge of urban runoff from MS4s to waters of the United States is exempt from the requirement for preparation of environmental documents under the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, Chapter 3, § 21000 et seq.) in accordance with the CWC § 13389. 38. PUBLIC NOTICE: The SDRWQCB has notified the Copermittees, all known interested parties, and the public of its intent to consider adoption of an order prescribing waste discharge requirements that would serve to renew an NPDES permit for the existing discharge of urban runoff. 39. PUBLIC HEARING: The SDRWQCB has, at a public meeting on December 13, 2000, held a public hearing and heard and considered all comments pertaining to the terms and conditions of this Order. IT IS HEREBY ORDERED that the Copermittees, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations adopted thereunder, shall each comply with the following: A. PROHIBITIONS — DISCHARGES 1. Discharges into and from MS4s in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance (as defined in CWC § 13050), in waters of the state are prohibited. 2. Discharges from MS4s which cause or contribute to exceedances of receiving water quality objectives for surface water or groundwater are prohibited. 3. Discharges into and from MS4s containing pollutants which have not been reduced to the maximum extent practicable (MEP) are prohibited. 4. Applicable to New Development and Significant Redevelopment Only: Post -development runoff which is greater in peak rate or velocity than pre -development runoff from the same site is prohibited. Post -development runoff containing pollutants loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable is prohibited. Discharges of post -development runoff into a Clean Water Act section 303(d) water body containing any pollutant (for which the water body is already impaired) in levels exceeding predevelopment levels (for those same pollutants) is prohibited. Tentative Order No. 2001-01 Page 9 of 50 October 11, 2000 C:1Web DevelopmentlRWQCB9 Internet Site Internet Documents1StormWaterlSDMuniPermit.doc 5. In addition to the above prohibitions, discharges from MS4s are subject to all Basin Plan prohibitions cited in Attachment A to this Order. B. PROHIBITIONS — NON -STORM WATER DISCHARGES 1. Each Copermittee shall effectively prohibit all types of non -storm water discharges into its Municipal Separate Storm Sewer System (MS4) unless such discharges are either authorized by a separate NPDES permit; or not prohibited in accordance with B.2. and B.3. below. 2. Pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1), the following categories of non -storm water discharges need only be prohibited from entering an MS4 if such categories of discharges are identified by the Copermittee as a significant source of pollutants to waters of the United States: a. Diverted stream flows; b. Rising ground waters; c. Uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)1 to MS4s; d. Uncontaminated pumped ground water; e. Foundation drains; f. Springs; g. Water from crawl space pumps; h. Footing drains; i. Air conditioning condensation; j. Flows from riparian habitats and wetlands; k. Water line flushing; I. Landscape irrigation; m. Discharges from potable water sources other than water main breaks; n. Irrigation water; o. Lawn watering; p. Individual residential car washing; and q. Dechlorinated swimming pool discharges. 3. When a discharge category above is identified as a significant source of pollutants to waters of the United States, the Copermittee shall either. a. Prohibit the discharge category from entering its MS4; OR b. Not prohibit the discharge category and implement, or require the responsible party(ies) to implement, BMPs which will reduce pollutants to the MEP; AND c. For each discharge category not prohibited, the Copermittee shall submit the following information to the SDRWQCB within 180 days of adoption of this Order. (1) The non -storm water discharge category listed above which the Copeimittee elects not to prohibit; and (2) The BMP(s) for each discharge category listed above which the Copermittee will implement, or require the responsible party(ies) to implement, to prevent or reduce pollutants to the MEP. 4. Fire Fighting Flows: BMPs must be implemented to reduce pollutants from non -emergency fire fighting flows (i.e., flows from controlled or practice blazes) identified by the Copermittee to be significant sources of pollutants to waters of the United States. Emergency fire fighting flows (i.e., flows necessary for the protection of fife or property) do not require BMPs and need not be Tentative Order No. 2001-01 Page 10 of 50 October 11, 2000 C:\Web DevelopmentIRWQCB9 Internet Site\Intemet Documents\StormWater\SDMuniPermit.doc prohibited. 5. Dry Weather Analytical Monitoring and Non -Storm Water Discharges: Each Copermittee shall examine all dry weather analytical monitoring results collected in accordance with section F.5. and Attachment E of this Order to identify water quality problems which may be the result of any non - prohibited discharge category(ies) identified above in Non -Storm Water Discharges to MS4s Prohibition B.2. Follow-up investigations shall be conducted as necessary to identify and control any non -prohibited discharge category(ies) listed above. Non -prohibited discharges listed in B.Z. above which contain pollutants which cannot be reduced to the maximum extent practicable by the implementation of BMPs shall be prohibited on a categorical or case by case basis. C. RECEIVING WATER LIMITATIONS 1. Discharges from MS4s that cause or contribute to the violation of water quality standards (designated beneficial uses and water quality objectives developed to protect beneficial uses) are prohibited. 2. Each Copermittee shall comply with Part C.1. of this Order through timely implementation of control measures and other actions to reduce pollutants in urban runoff discharges in accordance with the Jurisdictional Urban Runoff Management Program (Jurisdictional URMP) and other requirements of this Order including any modifications. The Jurisdictional URMP shall be designed to achieve compliance with Part C.1. of this Order. If exceedance(s) of water quality standards persist notwithstanding implementation of the URMP and other requirements of this Order, the Copermittee shall assure compliance with Part C.1. of this Order by complying with the following procedure: a. Upon a determination by either the Copermittee or the SDRWQCB that MS4 discharges are causing or contributing to an exceedance of an applicable water quality standard, the Copermittee shall promptly notify and thereafter submit a report to the SDRWQCB that describes BMPs that are currently being implemented and additional BMPs that will be implemented to prevent or reduce any pollutants that are causing or contributing to the exceedance of water quality standards. The report may be incorporated in the annual update to the Jurisdictional URMP unless the SDRWQCB directs an earlier submittal. The report shall include an implementation schedule. The SDRWQCB may require modifications to the report; b. Submit any modifications to the report required by the SDRWQCB within 30 days of notification; c. Within 30 days following approval of the report described above by the SDRWQCB, the Copermittee shall revise its Jurisdictional URMP and monitoring program to incorporate the approved modified BMPs that have been and will be implemented, the implementation schedule, and any additional monitoring required; d. Implement the revised Jurisdictional URMP and monitoring program in accordance with the approved schedule. So long as the Copermittee has complied with the procedures set forth above and are implementing the revised Jurisdictional URMP, the Copermittee does not have to repeat the same procedure for continuing or recurring exceedances of the same receiving water limitations unless directed by the SDRWQCB to do so. 3. Nothing in this section shall prevent the SDRWQCB from enforcing any provision of this Order while the Copermittee prepares and implements the above report. D. LEGAL AUTHORITY Tentative Order No. 2001-01 Page 11 of 50 October 11, 2000 C:\Web Development1RWQC139 Internet Site\Internet DocumentssStormWater\SDMuniPermit.doc 1. Each Copermittee shall establish, maintain, and enforce adequate legal authority to control pollutant discharges into and from its MS4 through ordinance, statute, permit, contract or similar means. This legal authority must, at a minimum, authorize the Copermittee to: a. Control the contribution of pollutants in discharges of runoff associated with industrial and construction activity to its MS4 and control the quality of runoff from industrial and construction sites. This requirement applies both to industrial and construction sites which have coverage under the statewide general industrial or construction storm water permits, as well as to those sites which do not. Grading ordinances shall be upgraded and enforced as necessary to comply with this Order. b. Prohibit all illicit discharges including but not limited to: (1) Sewage; (2) Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types. of automotive services facilities; (3) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement -related equipment, and port -a - potty servicing, etc.; (4) Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning, etc.; (5) Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial, and residential areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.; (6) Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials; (7) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water; (8) Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction -related wastes; and (9) Discharges of food -related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water, etc.). c. Prohibit and eliminate illicit connections to the MS4; d. Control the discharge of spills, dumping, or disposal of materials other than storm water to its MS4; e. Require compliance with conditions in Copermittee ordinances, permits, contracts or orders (i.e., hold dischargers to its MS4 accountable for their contributions of pollutants and flows); f. Utilize enforcement mechanisms to require compliance with Copermittee storm water ordinances, permits, contracts, or orders; g. Control the contribution of pollutants from one portion of the shared MS4 to another portion of the MS4 through interagency agreements among Copermittees (and other owners of the MS4 Tentative Order No. 2001-01 Page 12 of 50 October 11, 2000 C:\Web Devetopment1RWQCB9 Internet Site\Internet 0ocumentssStormWater\SDMuniPermitdoc such as Caltrans or Department of Defense); h. Carry out all inspections, surveillance, and monitoring necessary to determine compliance and noncompliance with local ordinances and permits and with this Order, including the prohibition on illicit discharges to the MS4. This means the Copermittee must have authority to enter, sample, inspect, review and copy records, and require regular reports from industrial facilities discharging into its MS4, including construction sites; and i. Require the use of best management practices (BMPs) to prevent or reduce the discharge of pollutants to MS4s. 2. Within 90 days of adoption of this Order, each Copermittee shall provide to the SDRWQCB a statement certified by its chief legal counsel that the Copermittee has adequate legal authority to implement and enforce each of the requirements contained in 40 CFR 122.26(d)(2)(i)(A-F) and this Order. This statement shall include: a. Identification of all departments within the jurisdiction that conduct urban runoff related activities, and their roles and responsibilities under this Order. Include an up to date organizational chart specifying these departments and key personnel. b. Citation of urban runoff related ordinances and the reasons they are enforceable; c. Identification of the local administrative and legal procedures available to mandate compliance with urban runoff related ordinances and therefore with the conditions of this Order; d. Description of how these ordinances are implemented and appealed; and e. Description of whether the municipality can issue administrative orders and injunctions or if it must go through the court system for enforcement actions. E. TECHNOLOGY BASED STANDARDS Each Copermittee shall implement, or require implementation of, best management practices to ensure that the following pollutant discharges into and from its MS4 are reduced to the applicable technology based standard as specified below: Table 3. Technology Based Standards2 Industrial Activity owned by the Committee Categorical Industry in 40 CFR 122.26 BAT/BCT (pursuant to Statewide General Industrial Permit) Industrial Activity Construction Activity owned by the Cooermittee Construction Activity All other industry Greater than or Equal to 5 Acres (or less than 5 acres and Part of a Larger Common Plan of Sale or Development) All Other construction MEP BAT/BCT (pursuant to Statewide General Construction Permit) MEP 2 Pursuant to this Order, each Copermittee shall ensure that pollutants in runoff from industrial and construction sites within its jurisdiction have been reduced to the MEP standard before entering its MS4. The industrial and construction site dischargers themselves however must ensure that pollutants in runoff leaving their sites have been reduced to the BAT/BCT standard pursuant to either the statewide General Industrial or Construction Storm Water Permit Runoff from industrial and construction sites owned by municipalities and subject to either the General Industrial or Construction Storm Water Permits, must meet the BAT/BCT standard. Tentative Order No. 2001-01 Page 13 of 50 C:1Web DevelopmentiRWQCB9 Internet SiteUntemet Documents\StormWatenSDMuniPermitdoc Other Sources MS4s All discharges born MS4s October 11, 2000 F. JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM' Each Copermittee shall take appropriate actions to reduce discharges of pollutants and runoff flow during each of the three major phases of urban development, i.e., the planning, construction, and existing development (or use) phases. Each Copermittee shall implement a Jurisdictional Urban Runoff Management Program (Jurisdictional URMP) that contains the components shown below as described in Sections F.1. through F.8: F.1. Land -Use Planning for New Development and Redevelopment Component F.2. Construction Component F.3. Existing Development Component a. Municipal b. Industrial c. Commercial d. Residential F.4. Education Component F.5. Illicit Discharge Detection and Elimination Component F.6. Public Participation Component F.7. Assessment of Jurisdictional URMP Effectiveness Component F.8. Fiscal Analysis Component F.1. Land -Use Planning for New Development and Redevelopment Component Each Copermittee shall minimize the short and long-term impacts on receiving water quality from new development and redevelopment. In order to reduce pollutants and runoff flows from new development and redevelopment to the maximum extent practicable, each Copermittee shall at a minimum: F.1.a F.1.b F.1.c F.1.d Revise General Plan Modify Development Project Approval Processes Revise Environmental Review Processes Including CEQA Checklists Conduct Education Efforts Focused on New Development and Redevelopment F.1.a. Revise General Plan Each Copermittee shall incorporate water quality and watershed protection principles and policies into the General Plan or equivalent plan (e.g., Comprehensive, Master, or Community Plan) to direct land -use decisions and require implementation of consistent water quality protection measures for all development projects. These principles and policies shall be designed to protect natural water bodies, reduce impervious land coverage, slow runoff, and where feasible, maximize opportunities for infiltration of rainwater into soil. Such water quality and watershed protection principles and policies shall include for example: (1) Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment and where feasible maximize on -site infiltration of runoff. Tentative Order No. 2001-01 Page 14 of 50 C:\Web Development\RWQCB9 Internet Sitellnternet DocumentssStormWateriSDMuniPermitdoc October 11, 2000 (2) Implement pollution prevention methods supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into an MS4. (3) Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands, and buffer zones. Encourage land acquisition of such areas. (4) Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways, and bridges. Prior to making land use decisions, utilize methods available to estimate increases in pollutant loads and flows resulting from projected future development. Require incorporation of structural and non-structural BMPs to mitigate the projected increases in pollutant loads and flows. (6) Avoid development of areas that are particularly susceptible to erosion and sediment loss; or establish development guidance that identifies these areas and protects them from erosion and sediment loss. (5) (7) Reduce pollutants associated with vehicles and increasing traffic resulting from development. Coordinate local traffic management reduction efforts with the San Diego County Congestion Management Plan. (8) Implement the San Diego Association of Government's (SANDAG's) recommendations as found in the Water Quality Element of its Regional Growth Management Strategy. (9) For new development and significant redevelopment only: The post -development runoff rates and velocities from a site shall not exceed the pre -development runoff rates and velocities from the same site. Post -development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance or receiving water quality objectives or which have not been reduced to the maximum extent practicable. Post -development runoff discharges into a Clean Water Act section 303(d) water body shall not contain any pollutant (for which the water body is already impaired) in levels exceeding pre -development levels (for those same pollutants). F.1.b. Modify Development Proiect Approval Processes Prior to project approval and issuance of local permits, Copermittees shall review each individual proposed project plan and require measures to ensure that pollutants and runoff from the development will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of receiving water quality objectives. Each Copermittee shall further ensure that all development will be in compliance with Copermittee storm water ordinances, local permits, all other applicable ordinances and requirements, and this Order. (1) Conditions of Approval Each Copermittee shall include conditions of approval in local permits to ensure that pollutant discharges and runoff flows from development are reduced to the maximum extent practicable and that receiving water quality objectives are not violated throughout the life of the project. Such conditions shall, at a minimum: (a) Require project proponent to implement pollution prevention and source control BMPs for all development projects. Tentative Order No. 2001-01 Page 15 of 50 C:\Web Development\RWQCB9 Internet Sitelintemet DocumentsSStormWater\SDMuniPermitdoc (b) Require project proponent to implement site design/landscape characteristics where feasible which maximize infiltration, provide retention, slow runoff, and minimize impervious land coverage for all development projects. (c) Require project proponent to implement buffer zones for natural water bodies. (d) Require industrial applicants subject to California's statewide General NPDES Permit for Storm Water Discharges Associated with Industrial Activities (Except Construction), (hereinafter General Industrial Permit), to provide evidence of coverage under the General Industrial Permit. (e) Require project proponent to ensure its grading or other construction activities meet the provisions specified in Section F2. of this Order. (f) Require project proponent to ensure long-term maintenance of all post -construction - BMPs in pe tui . (g) Require project proponent to ensure that the post -development runoff rates and velocities from a site do not exceed the pre -development runoff rates and velocities from the same site. Require project proponent to ensure that post -development runoff pollutants loads from a site have been reduced to the maximum extent practicable and do not cause or contribute to an exceedance of water quality objectives. Require project proponent to ensure that post -development runoff into a Clean Water Act section 303(d) water body containing any pollutant (for which the water body is already impaired) does not exceed pre -development levels (for those same pollutants). (2) Standard Urban Storm Water Mitigation Plans (SUSMPs) Within 365 days of adoption of this Order, the Copermittees shall collectively develop a model Standard Urban Storm Water Mitigation Plan (SUSMP) to reduce pollutants and runoff flows from all new development and significant redevelopment projects falling under the priority project categories or locations listed in section F.1.b.(2)(a) below. Within 180 days of approval of the model SUSMP in the public process by the SDRWQCB, each Copermittee shall adopt its own local SUSMP, and amended ordinances consistent with the approved model SUSMP, and shall submit both (local SUSMP and amended ordinances) to the SDRWQCB. Immediately following adoption of its local SUSMP, each Copermittee shall ensure that all new development and significant redevelopment projects falling under the priority project categories or locations listed in F.1.b.(2)(a) below meet SUSMP requirements. The SUSMP requirements shall apply to all priority projects or phases of priority projects, including those with approved tentative maps, which have not yet begun grading or construction activities. (a) Priority Development Project Categories - SUSMP requirements shall apply to all new development and significant redevelopment projects falling under the priority project categories or locations listed below. Significant redevelopment is defined as the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Where significant redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in section F.1.b.(2)(c) applies only to the addition, and not to the entire development. i. Home subdivisions of 100 housing units or more. This category includes single- family homes, multi -family homes, condominiums, and apartments. October 11, 2000 Tentative Order No. 2001-01 Page 16 of 50 C:1Web Development112WQCB9Internet SiteUntemet Documents\StormWaterFSDMuniPermit.doc October 11, 2000 ii. Home subdivisions of 10-99 housing units. This category includes single-family homes, multi -family homes, condominiums, and apartments. iii. Commercial developments greater than 100,000 square feet. This category is defined as any development on private land that is not for heavy industrial or residential uses where the land area for development is greater than 100,000 square feet The category includes, but is not limited to: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; commercial nurseries; multi -apartment buildings; car wash facilities; mini -malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; and other light industrial facilities. iv. Automotive repair shops. This category is defined as a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. v. Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, induding stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. vi. All hillside development greater than 5,000 square feet. This category is defined as any development which creates 5,000 square feet of impervious surface which is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent or greater. vii. Environmentally Sensitive Areas: All development and redevelopment located within or directly adjacent to or discharging directly to an environmentally sensitive area, which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site to 10% or more of its naturally occurring condition. Environmentally sensitive areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. "Directly adjacent" means situated within 200 feet of the environmentally sensitive area. "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands. viii. Parking lots 5,000 square feet or more or with 15 or more parking spaces and potentially exposed to urban runoff. Parking lot is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce. ix. Street, roads, highways, and freeways. This category includes any paved surface used for the transportation of automobiles, trucks, motorcycles, and (c) Tentative Order No. 2001-01 Page 17 of 50 October 11, 2000 C:1Web Development RW QCB9 Internet Site Internet DocumentslStormWatenSDMuniPermitdoc other vehicles. x. Retail Gasoline Outlets. Retail Gasoline Outlet is defined as any facility engaged in selling gasoline. (b) BMP Requirements — The SUSMP shall include a fist of recommended pollution prevention, source control, and structural treatment BMPs. The SUSMP shall require all new development and significant redevelopment projects falling under the above priority project categories or locations to implement a combination of BMPs selected from the recommended BMP list, including at a minimum (1) pollution prevention BMPs, (2) source control BMPs, and (3) structural treatment BMPs. The BMPs shall, at a minimum: i. Maintain pre -development peak storm water runoff discharge rates and velocities; ii. Conserve natural areas; iii. Minimize storm water pollutants of concern (through implementation of pollution prevention and source control BMPs). Identification of pollutants of concern should include consideration of any pollutants for which the development's receiving water bodies are listed as impaired under Clean Water Act section 303(d), any pollutant associated with the land use type of the development, any pollutant commonly associated with urban runoff, and increased runoff flow rate from the development and its potential downstream impacts; iv. Remove pollutants of concern from urban runoff (through implementation of structural treatment BMPs); v. Minimize directly connected impervious areas; vi. Protect slopes and channels from eroding; vii. Include storm drain stenciling and signage; viii. Include properly designed outdoor material storage areas; ix. Include properly designed trash storage areas; x. Include proof of a mechanism for ongoing long-term BMP maintenance; xi. Include additional water quality provisions applicable to individual priority project categories; xii. Be designed to maximize their pollutant removal capabilities; xiii. Be implemented as close to pollutant sources as possible and prior to runoff discharges into the MS4 or other receiving waters; xiv. Ensure that post -development runoff does not contain pollutant loads which cause or contribute to an exceedance of water quality objectives or which have not been reduced to the maximum extent practicable; and xv. Ensure that post -development runoff into a Clean Water Act section 303(d) water body containing any pollutant (for which the water body is already impaired) does not contain those same pollutants in levels exceeding pre - development levels. Numeric Sizing Criteria —The SUSMP shall require structural treatment BMPs to be implemented at all priority development projects. In addition to meeting the BMP requirements listed in item F.1.b.(2)(b) above, all structural treatment BMPs for a single priority development project shall collectively be sized to comply with the following numeric sizing criteria: Volume Volume -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: Tentative Order No. 2001-01 Page 18 of 50 October 11, 2000 C:\Web DevelopmentRRWQCB9 Internet Sitetlnternet DocumentssStormWater\SOMuniPermit.doc The volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area);3 or ii. The volume of runoff produced by the 85th percentile 24-hour rainfall event, determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management. WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87. (1998) or iii. The volume of annual runoff based on unit basin storage volume, to achieve 90% or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — IndustriaUCommercial. (19932; or iv. The volume of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile 24-hour runoff event; OR Flow Flow -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i. The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, or ii. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or iii. The maximum flow rate of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile hourly rainfall intensity multiplied by a factor of two. (d) Equivalent Numeric Sizing Criteria - The Copermittees may develop any equivalent numeric sizing criteria or performance -based standard for post -construction structural treatment BMPs as part of the model SUSMP. Such equivalent sizing criteria may be authorized for use in place of the above criteria. In the absence of development and subsequent authorization of such equivalent numeric sizing criteria, the above numeric sizing criteria requirement shall be implemented. (e) Pollutants of Concern — As part of the model SUSMP, the Copermittees shall develop a procedure for pollutants of concern to be identified for each new development or significant redevelopment project. The procedure shall include, at a minimum, consideration of (1) receiving water quality (including pollutants for which receiving waters are listed as impaired under Clean Water Act section 303(d)); (2) land use type of the development project and pollutants associated with that land use type; (3) pollutants expected to be present on site; and (4) changes in flow rates and volumes resulting from the development project and sensitivity of receiving waters to changes in flow rates and volumes. (f) Implementation Process — As part of the model SUSMP, the Copermittees shall develop a process by which SUSMP requirements will be implemented. The process shall 3 This volume is not a single volume to be applied to all of San Diego County. The size of the Be percentile storm event is different for various parts of the county. The Copermittees are encouraged to calculate the 85th percentile storm event for each of their jurisdictions using local rain data pertinent to their particular jurisdiction. The 0.6 inch standard is a rough average for the county and should only be used where appropriate rain data is not available. Tentative Order No. 2001-01 C:\W INDO W SITEM PWttachmentsA-Ec.d oc Page E-4 OCTOBER 11, 2000 During monitoring, the accuracy of its MS4 map and shall be confirmed. Correct any inaccuracies in the either the MS4 map or the Dry Weather Analytical Stations Map and resubmit the corrected maps in the next annual report. 7. Summarize and Report Dry Weather Analytical Monitoring Results As part of its individual Jurisdictional URMP Annual Report, each Copermittee shall summarize and report on its dry weather analyticalmonitoring results. The data shall be presented in tabular and graphical form. The reporting shall include analytical monitoring results, as well as follow up and elimination activities for potential illicit discharges and connections. Dry weather analytical monitoring reports shall comply with all monitoring and standard reporting requirements in Attachments B and C of Order 2001-01. The Principal Permittee shall submit to the SDRWQCB the individual dry weather analytical monitoring reports as part of the unified Jurisdictional URMP Annual Report on January 31, 2002, and every year thereafter. Tentative Order No. 2001-01 Page E-3 OCTOBER 11, 2000 C:\WINDOWS\TEMP\attachmentsA Ec.doc (28) Nickel (Total and Dissolved) (29) Enterococcus bacteria (30) Total Coliform bacteria (31) Fecal Coliform bacteria c. If the station is dry (no flowing or ponded runoff), make and record all applicable observations. d. Develop a paired sample study to compare and evaluate the Colilert Quantitray method with the conventional Most Probable Number or Membrane Filtration methods for Total and Fecal coliform and Enterococcus bacteria analysis for dry weather monitoring?' 8 e. Develop criteria for dry weather analytical monitoring results whereby exceedance of the criteria will require follow-up investigations to be conducted to identify the source causing the exceedance of the criteria. f. Dry weather analytical monitoring stations identified to exceed dry weather analytical monitoring criteria for any constituents shall continue to be screened in subsequent years. g. Develop procedures for source identification follow up investigations in the event of exceedance of dry weather analytical monitoring result criteria. These procedures shall be consistent with procedures required in section F.5.c. of this Order. h. Develop procedures to eliminate detected illicit discharges and connections. These procedures shall be consistent with each Copermittees Illicit Discharge and Elimination component of its Jurisdictional Urban Runoff Management Plan as discussed in section F.5 of this Order. 5. Submit Dry Weather Analytical Monitoring Map and Procedures Each Copermittee shall submit its dry weather analytical monitoring map (including the MS4, drainage watersheds, and station locations) and dry weather analytical monitoring procedures to the Principal Permittee on the date prescribed by the Principal Permittee. The procedures shall, at a minimum, address all issues included in section 4. of this Attachment. The Principal Permittee shall collectively submit the dry weather monitoring analytical maps and procedures to the SDRWQCB within 180 days of adoption of this Order. Implementation of dry weather analytical monitoring shall commence within 180 days of adoption of this Order. 6. Conduct Dry Weather Analytical Monitoring Each Copermittee shall conduct dry weather analytical monitoring in accordance with its storm water conveyance system map and dry weather analytical monitoring procedures as described in Tasks 1 — 4 above. If monitoring indicates an illicit connection or illegal discharge, conduct the follow-up investigation and elimination activities as described in submitted dry weather analytical monitoring procedures and sections F.5.c. and F.5.d. of this Order. 7 The Colilert® System for Total Coliforms and Escherichia cell prepared by Stephen C. Edberg, Yale University School of Medicine; Frances Ludwig and Darrell B. Smith, South Central Connecticut Regional Water Authority; and Martin J. Allen, AWWA Research Foundation, April 1991. AWWA Research Foundation Order Number: 90576. http://www.awwart.com/exsums/90576.htm $ Comparison of the Colilert® Method and Standard Fecal Coliform Methods Prepared by Stephen C. Edberg, Yale AWWAiResearch Foundation Order Number: 90647 http://www.awwarf.com/exsumional Water Authority, May 1994 s/90647 htm Tentative Order No. 2001-01 C:\WINDOW SITEMP\attachmentsA-Ec.doc Page E-2 OCTOBER 11, 2000 3. Complete MS4 Map Each Copermittee shall clearly identify each dry weather analytical monitoring station on its MS4 Map as either a separate GIS layer or a map overlay hereafter referred to as a Dry Weather Analytical Stations Map. Each Copermittee shall confirm that each drainage area within its jurisdiction contains at least one station. 4. Develop Dry Weather Analytical Monitoring Procedures Each Copermittee shall develop written procedures for dry weather analytical monitoring (consistent with 40 CFR part 136), including field observations, monitoring, and analyses. At a minimum, the procedures must be based on the following guidelines and criteria: a. Dry weather analytical monitoring shall be conducted at each identified station at least once during the permit cycle of this Order. At a minimum, approximately 1/5 of the identified stations shall be field screened annually. b. If flow or ponded runoff is observed at a dry weather analytical monitoring station and there has been at least seventy-two (72) hours of dry weather, make observations and collect two (2) grab samples during a twenty-four (24) hour period with a minimum period of four (4) hours between samples. Record general information such as time since last rain, quantity of last rain, site descriptions (i.e., conveyance type, dominant watershed land uses), flow estimation (i.e., width of water surface, approximate depth. of water, approximate flow velocity, flow rate), and visual observations (i.e., odor, color, clarity, floatables, deposits/stains, vegetation condition, structural condition, and biology). At a minimum, collect samples for laboratory analysis of the following constituents: (1) Total Dissolved Solids (2) Total Suspended Solids (3) Turbidity (4) Total Hardness (5) pH (6) Specific Conductance (7) Surfactants (MBAS) (8) Total Phosphorus (9) Dissolved Phosphorus (10) Nitrate Nitrogen (11) Nitrite Nitrogen (12) Total Kjeldahl Nitrogen (13) Ammonia Nitrogen (14) Biological Oxygen Demand (15) Chemical Oxygen Demand (16) Oil and Grease (17) Total Petroleum Hydrocarbons (18) Diazinon and Chlorpyrifos (19) Cadmium (Total and Dissolved) (20) Copper (Total and Dissolved) (21) Mercury (Total and Dissolved) (22) Silver (Total and Dissolved) (23) Lead (Total and Dissolved) (24) Zinc (Total and Dissolved) (25) Antimony (Total and Dissolved) (26) Arsenic (Total and Dissolved) (27) Chromium (Total and Dissolved) Tentative Order No. 2001-01 C:\WINDOWS\TEM P\attachmentsA-Ec.doc Page E-1 OCTOBER 11, 2000 ATTACHMENT E DRY WEATHER ANALYTICAL MONITORING SPECIFICATIONS - URBAN RUNOFF Dry weather analytical monitoring consists of (1) field observations and (2) analytical monitoring at selected stations. Pursuant to section F.5 of this Order, the purpose of dry weather analytical monitoring is to detect and eliminate illicit connections and illegal discharges to the MS4. Each Copermittee shall conduct the following dry weather analytical monitoring tasks: 1. Develop MS4 Map Each Copermittee shall develop or obtain an up-to-date labeled map of its entire municipal separate storm sewer system (MS4) and the corresponding drainage watersheds within its jurisdiction. The use of a Geographic Information System (GIS) is highly recommended, but not required. The accuracy of the MS4 map shall be confirmed during monitoring activities (See Task 6). 2. Select Dry Weather Analytical.Monitorino Stations Each Copermittee shall select dry weather analytical monitoring stations within its jurisdiction. Stations shall be either major outtalls or other outfall points (or any other point of access such as manholes) randomly located throughout the MS4 by placing a grid over a drainage system map and identifying those cells of the grid which contain a segment ofi-tfie` MS4 or major outfall. The dry weather analytical mondoring stations shall be established using the following guidelines and criteria: a. A grid system consisting of perpendicular north -south and east -west lines spaced 1/a mile apart shall be overlayed on a map of the MS4, creating a series of cells; b. All cells that contain a segment of the MS4 shall be identified and one dry weather analytical monitoring station shall be selected in each cell; c. Stations should be located downstream of any sources of suspected illegal or illicit activity; d. Stations shall be located to the degree practicable at the farthest manhole or other accessible location downstream in the system within each cell; e. Hydrological conditions, total drainage area of the site, traffic density, age of the structures or buildings in the area, history of the area, and land use types shall be considered in locating stations; f. For small MS4s (which serve a population of less than 100,000), no more than 100 cells need to have identified stations; for medium MS4s (which serve a population of 100,000 - 250,000), no more than 250 cells need to have identified stations; and for large MS4s (which serve a population of more than 250,000), no more than 500 cells need to have identified stations; and g. If, fewer than 100 cells in small MS4s, fewer than 250 cells in medium MS4s, and fewer than 500 cells in large MS4s are created by the overlay on the MS4 map, then a monitoring station shall be located in each cell which contains a segment of the MS4. Tentative Order No. 2001-01 C:\W INDO W S\TEM KattachmentsA-Ec.dOc Page D-8 October 11, 2000 considered to be a Waters of the United States. Under this definition (see below), a Municipal Separate Storm Sewer System (MS4) is always considered a Waters of the United States. As defined in the 40 CFR 122.2, the Waters of the U.S. are defined as: "(a) All waters, which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate "wetlands;" (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition: (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial seas; and (g) 'Wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the EPA." Watershed - That geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also known as drainage area, catchment, or river basin). Tentative Order No. 2001-01 C:\W INDOWS\TEMP\attach mentsA-Ec.doc Page D-7 October 11, 2000 Total Maximum Daily Load (TMDL) - The TMDL is the maximum amount of a pollutant that can be discharged into a water body from all sources (point and non -point) and still maintain water quality standards. Under Clean Water Act section 303(d), TMDLs must be developed for all water bodies that do not meet water quality standards after application of technology -based controls. Urban Runoff - Urban runoff is defined as all flows in a storm water conveyance system and consists of the following components: (1) storm water (wet weather flows) and (2) non -storm water illicit discharges (dry weather flows). Waste - As defined in California Water Code Section 13050(d), "waste includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal." Article 2 of CCR Title 23, Chapter 15 (Chapter 15) contains a waste classification system which applies to solid and semi -solid waste which cannot be discharged directly or indirectly to water of the state and which therefore must be discharged to land for treatment, storage, or disposal in accordance with Chapter 15. There are four classifications of waste (listed in order of highest to lowest threat to water quality): hazardous waste, designated waste, nonhazardous solid waste, and inert waste. Water Quality Objective - Numerical or narrative limits on constituents or characteristics of water designated to protect designated beneficial uses of the water. [California Water Code Section 13050 (h)]. California's water quality objectives are established by the State and Regional Water Boards in the Water Quality Control Plans. Numeric or narrative limits for pollutants or characteristics of water designed to protect the beneficial uses of the water. In other words, a water quality objective is the maximum concentration of a pollutant that can exist in a receiving water and still generally ensure that the beneficial uses of the receiving water remain protected (i.e., not impaired). Since water quality objectives are designed specifically to protect the beneficial uses, when the objectives are violated the beneficial uses are, by definition, no longer protected and become impaired. This is a fundamental concept under the Porter Cologne Act. Equally fundamental is Porter Cologne's definition of pollution. A condition of pollution exists when the water quality needed to support designated beneficial uses has become unreasonably affected or impaired; in other words, when the water quality objectives have been violated. These underlying definitions (regarding beneficial use protection) are the reason why all waste discharge requirements implementing the federal NPDES regulations require compliance with water quality objectives. (Water quality objectives are also called water quality criteria in the Clean Water Act.) Water Quality Standards - are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.,) of water and the water quality objectives necessary to protect those uses. Waters of the State - Any water, surface or underground, including saline waters within the boundaries of the State [California Water Code Section 13050 (e)]. The definition of the Waters of the State is broader than that for the Waters of the United States in that all water in the State is considered to be a Waters of the State regardless of circumstances or condition. Under this definition, a Municipal Separate Storm Sewer System (MS4) is always considered to be a Waters of the State. Waters of the United States - Waters of the United States can be broadly defined as navigable surface waters and all tributary surface waters to navigable surface waters. Groundwater is not Tentative Order No. 2001-01 C:\W INDO W S\TEM P\attachmentsA-Ec.doc Page D-6 October 11, 2000 Pollutant - A pollutant is broadly defined as any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. Pollution Prevention - Pollution prevention is defined as practices and processes that reduce or eliminate the generation of pollutants, in contrast to source control, treatment, or disposal. Post -Construction BMPs - A subset of BMPs including structural and non-structural controls which detain, retain, filter, or educate to prevent the release of pollutants to surface waters during the final functional life of development. Pre -Development Runoff Conditions - The runoff conditions that exist onsite immediately before the planned development activities occur. This definition is not intended to be interpreted as that period before any human -induces land activities occurred. This definition pertains to redevelopment as well as initial development. Receiving Water Limitations - Waste discharge requirements issued by the SDRWQCB typically include both: (1) "Effluent Limitations" (or "Discharge Limitations") that specify the technology -based or water -quality -based effluent limitations; and (2) "Receiving Water Limitations" that specify the water quality objectives in the Basin Plan as well as any other limitations necessary to attain those objectives. In summary, the "Receiving Water Limitations" provision is the provision used to implement the requirement of CWA section 301(b)(1)(C) that NPDES permits must include any more stringent limitations necessary to meet water quality standards. Sediment - Soil, sand, and minerals washed from land into water. Sediment can destroy fish - nesting areas, clog animal habitats, and cloud waters so that sunlight does not reach aquatic plants. Storm Water - "Storm water" is as defined urban runoff and snowmelt runoff consisting only of those discharges which originate from precipitation events. Storm water is that portion of precipitation that flows across a surface to the storm drain system or receiving waters. Examples of this phenomenon include: the water that flows off a building's roof when it rains (runoff from an impervious surface); the water that flows into streams when snow on the ground begins to melt (runoff from a semi -pervious surface); and the water that flows from a vegetated surface when rainfall is in excess of the rate at which it can infiltrate into the underlying soil (runoff from a pervious surface). When all factors are equal, runoff increases as the perviousness of a surface decreases. During precipitation events in urban areas, rain water picks up and transports pollutants through storm water conveyance systems, and ultimately to waters of the United States. Toxicity - Adverse responses of organisms to chemicals or physical agents ranging from mortality to physiological responses such as impaired reproduction or growth anomalies). The water quality objectives for toxicity provided in the Water Quality Control Plan, San Diego Basin, Region 9, (Basin Plan), state in part... "All waters shall be free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life....The survival of aquatic life in surface waters subjected to a waste discharge or other controllable water quality factors, shall not be less than that for the same water body in areas unaffected by the waste discharge".... Urban runoff discharges from MS4s are considered toxic when (1) the toxic effect observed in an acute toxicity test exceeds zero Toxic Units Acute (Tua=O); or (2) the toxic effect observed in a chronic toxicity test exceeds one Toxic Unit Chronic (Tuc=1). Urban runoff discharges from MS4s often contain pollutants that cause toxicity. L Tentative Order No. 2001-01 C:\W INDOWS\TEMP\attachmentsA-Ec.doc Page D-5 October 11, 2000 Non -hazardous Solid Waste - Non -hazardous solid waste means all putrescible and nonputrescible solid, semi -sold, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi -sold wastes and other discarded solid or semi -solid waste; provided that such Wastes do not contain. wastes which must be managed as hazardous wastes, or wastes which contain soluble pollutants in concentration which exceed applicable water quality objectives or could cause degradation of wasters of the state." [CCR Title 27, Chapter 3, Subchapter 2, Article 2, Section 20220] Non Point Source (NPS) — Non point source refers to diffuse,.widespread sources of pollution. These sources may be large or small, but are generally numerous throughout a watershed. Non Point Sources include but are not limited to urban, agricultural, or industrial areas, roads, highways, construction sites, communities served by septic systems, recreational boating activities, timber harvesting, mining, livestock grazing, as well as physical changes to stream channels, and habitat degradation. NPS pollution can occur year round any time rainfall, snowmelt, irrigation, or any other source of water runs over land or through the ground, picks up pollutants from these numerous, diffuse sources and deposits them into rivers, lakes, and coastal waters or introduces them into ground water. Non -Storm Water - Non -storm water consists of all discharges to and from a storm water conveyance system that do not originate from precipitation events (i.e., all discharges from a conveyance system other than storm water). Non -storm water includes illicit discharges, non - prohibited discharges, and NPDES permitted discharges. An illicit discharge is defined at 40 CFR 122.26(b)(2) as any discharge to a municipal storm water conveyance system that is not composed entirely of storm water except discharges pursuant to a separate NPDES permit and discharges resulting from emergency fire fighting activities. Nuisance - As defined in the Porter -Cologne Water Quality Control Act a nuisance is "anything which meets all of the following requirements: 1) Is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. 2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. 3) Occurs during, or as a result of, the treatment or disposal of wastes." Numeric effluent limitations - The typical method by which effluent limits are prescribed for pollutants in waste discharge requirements implementing the federal NPDES regulations. When numeric effluent limits are met at the "end -of -pipe", the effluent discharge generally will not cause water quality standards to be exceeded in the receiving waters (i.e., water quality standards will also be met). Person - A person is defined as an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof. [40 CFR 122.2]. Point Source - Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operations, landfill leachate collection systems, vessel, or other floating craft from which pollutants are or may be discharged. Pollution - As defined in the Porter -Cologne Water Quality Control Act, pollution is "the alteration of the quality of the waters of the State by waste, to a degree that unreasonably affects the either of the following: A) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses." Pollution may include contamination. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.dac Page D-4 October 11, 2000 feasible, or the cost would be prohibitive. In selecting BMPs to achieve the MEP standard, the following factors may be useful to consider: a. Effectiveness: Will the BMPs address a pollutant (or pollutant source) of concern? b. Regulatory Compliance: Is the BMP in compliance with storm water regulations as well as other environmental regulations? c Public Acceptance: Does the BMP have public support? Cost: Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved? Technical Feasibility: Is the BMP technically feasible considering soils, geography, water resources, etc? The final determination regarding whether a municipality has reduced pollutants to the maximum extent practicable can only be made by the Regional or State Water Boards, and not by the municipal discharger. If a municipality reviews a lengthy menu of BMPs and chooses to select only a few of the least expensive, it is likely that MEP has not been met. On the other hand, if a municipal discharger employs all applicable BMPs except those where it can show that they are not technically feasible in the locality, or whose cost would exceed any benefit derived, it would have met the standard. Where a choice may be made between two BMPs that should provide generally comparable effectiveness, the discharger may choose the least expensive alternative and exclude the more expensive BMP. However, it would not be acceptable either to reject all BMPs that would address a pollutant source, or to pick a BMP base solely on cost, which would be clearly less effective. In selecting BMPs the municipality must make a serious attempt to comply and practical solutions may not be lightly rejected. In any case, the burden would be on the municipal discharger to show compliance with its permit. After selecting a menu of BMPs, it is the responsibility of the discharger to ensure that all BMPs are implemented." e. Municipal Storm Water Conveyance System — (See Municipal Separate Storm Sewer System or MS4). Municipal Separate Storm Sewer System (MS4) — MS4 is an acronym for Municipal Separate Storm Sewer System. A Municipal Separate Storm Sewer System is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, man-made channels, or storm drains): (i) Owned or operated by a State, city town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; (ii) Designated or used for collecting of conveying storm water; (iii) Which is not a combined sewer; (iv) Which is not part of the Publicly Owned Treatment Works (POTW) as defined at 40 CFR 1222. Historic and current development make use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the municipalities MS4 regardless of whether they are natural, man-made, or partially modified features. In these cases, the urban stream is both an MS4 and a receiving water. National Pollution Discharge Elimination System (NPDES) - These permits pertain to the discharge of waste to surface waters only. All State and Federal NPDES permits are also WDRs. r Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA Ec.doc Page D-3 October 11, 2000 Effluent limitations are limitations of the quantity and concentrations of pollutants in a discharge. The limitations are designed to ensure that the discharge does not cause water quality objectives to be exceeded in the receiving water and does not adversely affect beneficial uses. In other words, an effluent limit is the maximum concentration of a pollutant that a discharge can contain. To meet effluent limitations, the effluent typically must undergo one or more forms of treatment to remove pollutants in order to lower the pollutant concentration below the limit. Effluent limits are typically numeric (e.g., 10 mg/I), but can also be narrative (e.g., no toxics in toxic amounts). Erosion — When land is diminished or warn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via storm water runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, road building, and timber harvesting. Grading - The cutting and/or filling of the land surface to a desired slope or elevation. Hazardous Waste - Hazardous waste is defined as "any waste which, under Section 600 of Title 22 of this code, is required to be managed according to Chapter 30 of Division 4.5 of Title 22 of this code." [CCR Title 22, Division 4.5, Chapter 11, Article 1] Illicit Discharge - Any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges form the municipal separate storm sewer) and discharges resulting from fire fighting activities. Inert Waste - Inert waste is defined as one that "does not contain hazardous waste or soluble pollutants at concentrations in excess of applicable water quality objectives, and does not contain significant quantities of decomposable waste." [CCR Title 27, Chapter 3, Subchapter 2, Article 2, Section 20230] MEP — MEP is the acronym for Maximum Extent Practicable. MEP is the technology -based standard established by Congress in CWA section 402(p)(3)(B)(iii) that municipal dischargers of storm water (MS4s) must meet. Technology -based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by a combination of treatment and best management practices (BMPs). MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense). MEP considers economics and is generally, but not necessarily, less stringent than BAT. A definition for MEP is not provided either in the statute or in the regulations. Instead the definition of MEP is dynamic and will be defined by the following process over time: municipalities propose their definition of MEP by way of their Urban Runoff Management Plan. Their total collective and individual activities conducted pursuant to the Urban Runoff Management Plan becomes their proposal for MEP as it applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping, or MEP for sanitary sewer maintenance). In the absence of a proposal acceptable to the SDRWQCB, the SDRWQCB defines MEP. In a memo dated February 11, 1993, entitled "Definition of Maximum Extent Practicable," Elizabeth Jennings, Senior Staff Counsel, SWRCB addressed the achievement of the MEP standard as follows: "To achieve the MEP standard, municipalities must employ whatever Best Management Practices (BMPs) are technically feasible (i.e., are likely to be effective) and are not cost prohibitive. The major emphasis is on technical feasibility. Reducing pollutants to the MEP means choosing effective BMPs, and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, or the BMPs would not be technically Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page D-2 October 11, 2000 collection and analysis of samples of the benthic macroinvertebrate community together with physical/habitat quality measurements associated with the sampling site and the watershed to evaluate the biological condition (i.e. biological integrity) of a water body. Bioconcentration — A process by which there is a net accumulation of a chemical directly from water into aquatic organisms resulting from simultaneous uptake and elimination by gill or epithelial tissue. Bioconcentration differs from bioaccumulation in that bioaccumulation refers to the progressive concentration of contaminants in the tissues of organisms through multiple pathways. Biocriteria Under the Clean Water Act, numerical values or narrative expressions that define a desired biological condition for a water body that are legally enforceable. The U.S. EPA defines biocriteria as: "numerical values or narrative expressions that describe the reference biological integrity of aquatic communities inhabiting waters of a given designated aquatic life use...(that)...describe the characteristics of water body segments least impaired by human activities." Biological integrity - Defined in Karr J.R. and D.R. Dudley. 1981. Ecological perspective on water quality goals. Environmental Management 5:55-68 as: "A balanced, integrated, adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of natural habitat of the region." Also referred to as ecosystem health. Biomagnication — The transfer and progressive increase in tissue concentrations of a contaminant along the food chain. Because some pollutants can be transferred to higher trophic levels, carnivores at the top of the food chain, such as predatory fish, birds, and mammals (including humans), obtain most of their pollution burden from aquatic ecosystems by ingestion. Thus, although such pollutants may only be present in receiving waters in low concentrations, they can have a significant impact to the integrity of the ecosystem through biomagnification. Clean Water Act Section 402(p) - [33 USC 1342(p)] is the federal statute requiring municipal and industrial dischargers to obtain NPDES permits for their discharges of storm water. Clean Water Act Section 303(d) Water Body - is an impaired water body in which water quality does not meet applicable water quality standards and/or is not expected to meet water quality standards, even after the application of technology based pollution controls required by the CWA. The discharge of urban runoff to these water bodies by the Copermittees is significant because these discharges can cause or contribute to violations of applicable water quality standards. Contamination - As defined in the Porter -Cologne Water Quality Control Act, contamination is "an impairment of the quality of waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. `Contamination' includes any equivalent effect resulting from the disposal of waste whether or not waters of the state are affected." Designated Waste - Designated waste is defined as a "nonhazardous waste which consists of pollutants which, under ambient environmental conditions at the waste management unit, could be released at concentrations in excess of applicable water quality objectives, or which could cause degradation of waters of the state." [CCR Title 27, Chapter 3, Subchapter 2, Article 2, Section 20210; WC Section 13173] Effluent Limitations - Limitations on the volume of each waste discharge, and the quantity and concentrations of pollutants in the discharge. The limitations are designed to ensure that the discharge does not cause water quality objectives to be exceeded in the receiving water and does not adversely affect beneficial uses. .ti 4` Tentative Order No. 2001-01 C:\WINDOWS\TEM P\attachmentsA-Ec.doc Page D-1 October 11, 2000 ATTACHMENT D GLOSSARY Beneficial Uses - The uses of water necessary for the survival or well being of man, plants, and wildlife. These uses of water serve to promote the tangible and intangible economic, social, and environmental goals "Beneficial Uses" of the waters of the State that may be protected against include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. Existing beneficial uses are uses that were attained in the surface or ground water on or after November 28, 1975; and potential beneficial uses are uses that would probably develop in future years through the implementation of various control measures. `Beneficial Uses" are equivalent to "Designated Uses" under federal law. [California Water Code Section 13050(f)]. Best Available Technology (BAT) — BAT is the acronym for best available technology economically achievable. BAT is the technology -based standard established by congress in CWA section 402(p)(3)(A) for industrial dischargers of storm water. Technology -based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by a combination of treatment and best management practices, or BMPs. For example, secondary treatment (or the removal of 85% suspended solids and BOD) is the BAT for suspended solid and BOD removal from a sewage treatment plant. BAT generally emphasizes treatment methods first and pollution prevention and source control BMPs secondarily. The best economically achievable technology that will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued by the Environmental Protection Agency Administrator. Factors relating to the assessment of best available technology shall take into account the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non -water quality environmental impact (including energy requirements), and such other factors as the permitting authority deems appropriate. Best Conventional Technology (BCT) — BCT is an acronym for Best Conventioal Technology. BCT is the treatment techniques, processes and procedure innovations, operating methods that eliminate amounts of chemical, physical, and biological characteristics of pollutant constituents to the degree of reduction attainable through the application of the best management practices to the maximum extent practicable. Best Management Practices - Best Management Practices (BMPs) are defined in 40 CFR 122.2 as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. In the case of municipal storm water permits, BMPs are typically used in place of numeric effluent limits. Bioaccumulate - The progressive accumulation of contaminants in the tissues of organisms through any route including respiration, ingestion, or direct contact with contaminated water, sediment, pore water, or dredged material to a higher concentration than in the surrounding environment. Bioaccumulation occurs with exposure and is independent of the tropic level. Bioassessment - The use of biological community information to evaluate the biological integrity of a water body and its watershed. With respect to aquatic ecosystems, bioassessment is the Tentative Order No. 2001-01 C:\WINDOWS\TEMPlattachmentsA Ec.doc Page C-9 OCTOBER 11, 2000 6. Nothing in this Order shall be construed to preclude institution of any legal action or relieve the discharger from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Clean Water Act. 7. This Order shall become effective on February 14, 2001, provided the USEPA Regional Administrator has no objection. If the Regional Administrator objects to its issuance, this Order shall net become effective until such objection is withdrawn. 8. This Order supersedes Order No. 90-42 upon the effective date of this Order. Tentative Order No. 2001-01 C:\W IN DOW S\TEM P\attachm entsA-Ec.doc SAN FRANCISCO CA 94105 Page C-8 OCTOBER 11, 2000 12. Unless otherwise directed, the discharger shall submit three copies of each report required under this Order to the SDRWQCB and one copy to USEPA. C. NOTIFICATIONS 1. California Water Code Section 13263(o) No discharge of waste into the waters of the state, whether or not such discharge is made pursuant to waste discharge requirements, shall create a vested right to continue such discharge. All discharges of waste into waters of the state are privileges, not rights. 2. The SDRWQCB has, in prior years, issued a limited number of individual NPDES permits for non -storm water discharges to municipal storm water conveyance systems. The SDRWQCB or SWRCB may in the future, upon prior notice to the Copermittee(s), issue an NPDES permit for any non -storm water discharge (or class of non -storm water discharges) to a municipal storm water conveyance system. Copermittees may prohibit any non -storm water discharge (or class of non -storm water discharges) to a municipal storm water conveyance system that is authorized under such separate NPDES permits. 3. Enforcement Provisions [40 CFR 122.41(a)(2)] [California Water Code §§ 13385 and 133871 The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any condition or limitation of this Order, is subject to a civil penalty not to exceed $25,000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation of this Order, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than one year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than two years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than three years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than six years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any condition or limitation of this Order, and who knows at that time that he or she thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the Clean Water Act, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. 4. Except as provided in Standard Provisions A.10. and A.11. in Attachment C of this Order, nothing in this Order shall be construed to relieve the discharger from civil or criminal penalties for noncompliance. 5. Nothing in this Order shall be construed to preclude the institution of any legal action or relieve the discharger from any responsibilities, liabilities, or penalties to which the discharger is or may be subject to under Section 311 of the Clean Water Act. Tentative Order No. 2001-01 Page C-7 OCTOBER 11, 2000 C:\WINDOWS\TEMP\attachmentsA-Ec.doc (1) The authorization is made in writing by a person described in paragraph a. of this reporting requirement; (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and, (3) The written authorization is submitted to the SDRWQCB. c. If an authorization under paragraph b. of this reporting requirement is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph b. of this reporting requirement must be submitted to the SDRWQCB prior to or together with any reports, information, or applications to be signed by an authorized representative. d. Any person signing a document under paragraph a. or b. of this reporting requirement shall make.the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 10. Except for data determined to be confidential under 40 CFR Part 2, all reports prepared in accordance with the terms of this Order shall be available for public inspection at the offices of the SDRWQCB. As required by the Clean Water Act, Reports of Waste Discharge, this Order, and effluent data shall not be considered confidential. 11. The discharger shall submit reports and provide notifications as required by this Order to the following: Phil Hammer STORM WATER UNIT CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION 9771 CLAIREMONT MESA BLVD SUITE A SAN DIEGO CA 92124-1324 Telephone: (858) 467-2952 Fax: (858) 571-6972 Eugene Bromley US ENVIRONMENTAL PROTECTION AGENCY REGION IX PERMITS ISSUANCE SECTION (W-5-1) 75 HAWTHORNE STREET Tentative Order No. 2001-01 C:\W INDOWS\TEMP\attachmentstk-Ec.doc Page C-6 OCTOBER 11, 2000 c. Any discharge or spill of raw or potable water not authorized by this order or resulting from pipeline breaks, obstruction, surcharge or any other circumstance; d. Any upset which exceeds any effluent limitation in this Order; e. Any spill or discharge of non -storm water not authorized by this Order. Non -storm water discharges not prohibited by the Copermittees pursuant to Section B of this Order need not be reported under this section; and f. Any violation of this Order. 7. Other Non -Compliance [40 CFR 122.41(1)(7)] The discharger shall report all instances of noncompliance not reported elsewhere under other sections of this Order at the time annual reports are submitted. The reports shall contain the information listed in part B.7 of Attachment C of this Order. 8. Other Information [40 CFR 122.41(1)(8)] Where the discharger becomes aware that it failed to submit any relevant facts in a Report of Waste Discharge, or submitted incorrect information in a Report of Waste Discharge, or in any report to the SDRWQCB, it shall promptly submit such facts or information. 9. Sianatory Requirements [40 CFR 122.41(k)(1) and 40 CFR 122.22] All applications, reports, or information submitted to the SDRWQCB shall be signed and certified. a. All Reports of Waste Discharge shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (a) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation; or (b) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: (a) the chief executive officer of the agency; or (b) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of USEPA). b. All reports required by this Order, and other information requested by the SDRWQCB shall be signed by a person described in paragraph a. of this reporting requirement, or by a duly authorized representative of that person. A person is a duly authorized representative only if: Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA Ec.doc Page C-5 OCTOBER 11, 2000 4. Anticipated Non -Compliance [40 CFR 122.41(1)(2)] The discharger shall give advance notice to the SDRWQCB of any planned changes in the permitted facility or activity which may result in noncompliance with the requirements of this Order. 5. Transfers [40 CFR 122.41(1)(3)] This Order is not transferable to any person except after notice to the SDRWQCB. The SDRWQCB may require modification or revocation and reissuance of this Order to change the name of the discharger and incorporate such other requirements as may be necessary under the Clean Water Act or the California Water Code in accordance with the following: a. Transfers by Modification [40 CFR 122.61(a)] Except as provided in paragraph b. of this reporting requirement, this Order may be transferred by the discharger to a new owner or operator only if this Order has been modified or revoked and reissued, or a minor modification made to identify the new discharger and incorporate such other requirements as may be necessary under the Clean Water Act or California Water Code. b. Automatic Transfers [40 CFR 122.61(b)] As an alternative to transfers under paragraph a. of this reporting requirement, any NPDES permit may be automatically transferred to a new discharger if: (1) The current discharger notifies the SDRWQCB at least 30 days in advance of the proposed transfer date in paragraph b.(2) of this reporting requirement; (2) The,notice includes a written agreement between the existing and new dischargers containing a specific date for transfer of permit responsibility, coverage, and liability between them; and (3) The SDRWQCB does not notify the existing discharger and the proposed new discharger of his or her intent to modify or revoke and reissue the Order. A modification under this subparagraph may also be a minor modification under 40 CFR Part 122.63. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph b.(2) of this reporting requirement. 6. Twenty-four Hour Reporting [40 CFR 122.41(1)(6)] The discharger shall report any noncompliance with this Order or any noncompliance that may endanger health or the environment. Any information shall be provided orally to the SDRWQCB within 24 hours from the time the discharger becomes aware of the circumstances. A written description of any noncompliance shall be submitted to the SDRWQCB within five days of such an occurrence and contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The following shall be included as information which must be reported within 24 hours under this reporting requirement: a. Any unanticipated bypass which exceeds any effluent limitation in this Order; b. Any discharge of treated or untreated wastewater, including reclaimed or recycled wastewater, resulting from pipeline breaks, obstruction, surcharge or any other circumstance; Tentative Order No. 2001-01 C:\W INDOW S\TEMP\attachmentsA-Ec.doc Page C-4 OCTOBER 11, 2000 the Clean Water Act for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this Order, the SDRWQCB may institute proceedings under these regulations to modify or revoke and reissue the Order to conform to the toxic effluent standard or prohibition. 11. The discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the noncomplying discharge. 12. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 13. The discharger shall comply with any interim effluent limitations as established by addendum, enforcement action, or revised waste discharge requirements which have been, or may be, adopted by this SDRWQCB. B. REPORTING REQUIREMENTS 1. Duty to Reapply [40 CFR 122.41(b)] This Order expires on February 14, 2006. If the discharger wishes to continue any activity regulated by this Order after the expiration date of this Order, the discharger must apply for and obtain new waste discharge requirements. The discharger must file a Report of Waste Discharge in accordance with Title 23, California Code of Regulations not later than 180 days in advance of the expiration date of this Order as application for issuance of new waste discharge requirements. 2. Duty to Provide Information [40 CFR 122.41(h)] The discharger shall furnish to the SDRWQCB, SWRCB, or USEPA, within a reasonable time, any information which the SDRWQCB, SWRCB, or USEPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order, or to determine compliance with this Order. The discharger shall also furnish to the SDRWQCB, SWRCB, or USEPA, upon request, copies of records required to be kept by this Order. 3. Planned Changes [40 CFR 122.41(I)(1)] The discharger shall give notice to the SDRWQCB as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whethera facility is a new source in 40 CFR Part 122.29(b); b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in this Order, nor to notification requirements under 40 CFR 122.42(a)(I); or c. The alteration or addition results in a significant change in the discharger's sludge use or disposal practices, and such alteration, addition, or change may justify the application of conditions in this Order that are different from or absent in the existing Order, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Tentative Order No. 2001-01 C:\WINDOWS\TEMP1attachmentsA-Ec.doc Page C-3 OCTOBER 11, 2000 (2) Unanticipated bypass. The discharger shall submit notice of an unanticipated bypass as required in section B.7 of Attachment C. d. Prohibition of Bypass Bypass is prohibited, and the SDRWQCB may take enforcement action against the discharger for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back- up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The discharger submitted notices as required under paragraph c. of this section. The SDRWQCB may approve an anticipated bypass, after considering its adverse effects, if the SDRWQCB determines that it will meet the three conditions listed above in paragraph d.(1) of this section. 9. Upset [40 CFR 122.41(n)] a. Definition "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based effluent limitations because of factors beyond:the reasonable control of the discharger. An upset does not include. noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions Necessary for a Demonstration of Upset A discharger who.wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the discharger can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The discharger submitted notice of the upset as required in section B.7 of Attachment C of this Order; and (4) The discharger complied with any remedial measures required under Provision A.5. of Attachment C of this Order. d. Burden of Proof In any enforcement proceeding the discharger seeking to establish the occurrence of an upset has the burden of proof. 10. Other Effluent Limitations and Standards [40 CFR 122.44(b)(1)] If any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under Section 307(a) of Tentative Order No. 2001-01 C:\W IN D OW STEM P\attachmentsA-Ec.doc Page C-2 OCTOBER 11, 2000 The filing of a request by the discharger for modification, revocation and reissuance, or termination of .this Order, or a notification of planned changes or anticipated noncompliance does not stay any condition of this Order. 6. Property Rights [40 CFR 122.41(g)] [California Water Code §13263(g)] This Order does not convey any property rights of any sort or any exclusive privilege. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the discharger from liabilities under federal, state, or local laws, nor create a vested right for the discharger to continue the waste discharge. 7. Inspection and Entry [40 CFR 122.41(i)] [California Water Code § 1326.7(c)] The discharger shall allow the SDRWQCB, or an authorized SDRWQCB representative, or an authorized representative of the USEPA (including an authorized contractor acting as a representative of the SDRWQCB or USEPA), upon presentation of credentials and other documents as may be required by law, to: a. Enter upon the discharger's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Order; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and d. Sample or monitor at reasonable times, for the purposes of assuring compliance with this Order or as otherwise authorized by the Clean Water Act or California Water Code, any substances or parameters at any location. 8. Bypass of Treatment Facilities [40 CFR 122.41(m)] a. Definitions (1) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not Exceeding Limitations The discharger may allow any bypass to occur which does not cause effluent limitations of this Order or the concentrations of pollutants set forth in Ocean Plan Table A or Table B to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs c. and d. of this provision. c. Notice (1) Anticipated bypass. If the discharger knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least ten days before the date of the bypass. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page C-1 OCTOBER 11, 2000 ATTACHMENT C STANDARD PROVISIONS REPORTING REQUIREMENTS, AND NOTIFICATIONS A. STANDARD PROVISIONS 1. Duty To Comply [40 CFR 122.41(a)(1)] The discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this Order has not yet been modified to incorporate the requirement. 2. Need to Halt or Reduce Activity Nora Defense [40 CFR 122.41(c)] It shall not be a defense for the discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Order. Upon reduction, loss, or failure of a treatment facility, the discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative method of treatment is provided. This provision applies, for example, when the primary source of power of a treatment facility fails, is reduced, or is lost. 3. Duty to Mitigate [40 CFR 122.41(d)] The discharger shall take all reasonable steps to minimize or prevent any discharge or prevent any discharge or sludge use or disposal in violation of this Order which has a reasonable likelihood of adversely affecting human health or the environment. 4. Proper Operation and Maintenance [40 CFR 122.41(e)] The discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the discharger to achieve compliance with the conditions of this Order. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the discharger only when the operation is necessary to achieve compliance with the conditions of this Order. 5. Permit Actions [40 CFR 122.41(f)] [California Water Code § 13381] This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any terms or conditions of this Order; b. Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts; c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA Ec.doc Page B-7 OCTOBER 11, 2000 compliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. 7. Monitoring Reports [40 CFR 122.41(1)(4) Monitoring results shall be reported at the intervals specified elsewhere in this Order. 8. Monitoring Reports [40 CFR 122.41(I)(4)(ii)] If the discharger monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR part 136, unless otherwise specified in the Order, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the reports requested by the SDRWQCB. 9. Monitoring Reports [40 CFR 122.41(I)(4)(iii)] Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the SDRWQCB in the Order. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page B-6 OCTOBER 11, 2000 K. Monitoring programs and reports shall comply with Section VI of Attachment B, as well as Attachment C. VI. Standard Monitoring Requirements A. All monitoring activities shall meet the following requirements: 1. Monitoring and Records [40 CFR 122.41(j)(1)] Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Monitoring and Records [40 CFR 122.416)(2)] [California Water Code § 13383(a)] The discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the SDRWQCB at any time. 3. Monitoring and Records [40 CFR 122.21(])(3)] Records of monitoring information shall include the information requested in Attachment B and the following: a. The date, exact place, and time of sampling or measurements; b. . The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 4. Monitoring and Records [40 CFR 122.21(j)(4)] Monitoring results must be conducted according to test procedures approved under 40 CFR part 136 unless other test procedures have been specified in this Order. 5. Monitoring and Records [40 CFR 122.21(j)(5)] The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Order shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or both. 6. Monitoring and Records [40 CFR 122.41(k)(2)] The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or non- Tentative Order No. 2001-01 C:\WINDOWS\TEMMattachmentsA-Ec.doc Page B-5 OCTOBER 11, 2000 III. Submittal of Receiving Waters Monitoring Program Document The Principal Permittee shall submit to the SDRWQCB the countywide or watershed based Receiving Waters Monitoring Program within 180 days of adoption of this Order. The regional or watershed based Receiving Waters Monitoring Program shall describe how the Copermittees will meet the requirements of the components outlined in Section II of this Attachment. IV. Submittal of Receiving Waters Monitoring Annual Reports The Principal Permittee shall submit the Receiving Waters Monitoring Annual Report to the SDRWQCB on January 31 of each year, beginning on January 31, 2002. V. Monitoring Annual Report Requirements A. Monitoring reports shall provide the data/results, methods of evaluating the data, graphical summaries of the data, and an explanation/discussion of the data for each monitoring program component listed above. B. Monitoring reports shall include an analysis of the findings of each monitoring program component listed above. The analysis shall identify and prioritize water quality problems. Based on the identification and prioritization of water quality problems, the analysis shall identify potential sources of the problems, and recommend future monitoring and BMP implementation measures for identifying and addressing the sources. The analysis shall also include an evaluation of the effectiveness of existing control measures. C. Monitoring reports shall include identification and analysis of any long-term trends in storm water or receiving water quality. D. Monitoring reports shall provide an estimation of total pollutant loads (wet weather loads plus dry weather loads) due to urban runoff for each of the watersheds specified in Section J, Table 4 of Order No. 2001-01. E. Monitoring reports shall for each monitoring program component listed above, include an assessment of compliance with applicable water quality standards. F. All monitoring reports shall use a standard report format and shall include the following: 1. A stand alone comprehensive executive summary addressing all sections of the monitoring report; 2. Comprehensive interpretations and conclusions; and 3. Recommendations for future actions. G. All monitoring reports submitted to the Principal Permittee or the SDRWQCB shall contain the certified perjury statement described in Standard Reporting Requirements in Attachment C section B.1 0.d. H. All monitoring reports shall be peer reviewed prior to submittal to the SDRWQCB by an independent committee (consisting of no less than three members) of peers. All peer comments shall also be submitted to the SDRWQCB. I. All monitoring reports shall be submitted in both electronic and paper formats. J. All monitoring reports shall describe monitoring station locations by latitude and longitude coordinates, frequency of sampling, quality assurance/quality control procedures and sampling and analysis protocols. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page B-4 OCTOBER 11, 2000 included in the annual report. New reference stations will be selected as needed by the Copermittees. 2. The Copermittees shall design and implement a program to conduct standardized toxicity testing at urban stream bioassessment stations where the bioassessment data indicates significant impairment. When findings indicate the presence of toxicity, a Toxicity Identification Evaluation (TIE) shall be conducted to determine the cause(s) of the toxicity. B. Long-term Mass Loading Monitoring For purposes of evaluating Tong -term trends, the Copermittees shall continue to monitor the five existing long-term mass loading stations as specified in Monitoring and Reporting Program No. 95-76 and amended by Technical Change Order Nos. 1-4. When findings indicate the presence of toxicity, a Toxicity Identification Evaluation (TIE) shall be conducted to determine the cause(s) of the toxicity. C. Coastal Storm Drain Outtall Monitoring The Copermittees shall collaborate to develop and implement a monitoring program for discharges of urban runoff from coastal storm drain outfalls. The program shall meet the following requirements: 1. The program shall include rationale and criteria for selection of storm drain outfalls to be monitored. 2. The program shall include collection of samples for analysis of total coliform, fecal coliform, and enterococci, in addition to any other indicators or pathogens identified by the Copermittees. 3. Samples shall be collected at both the storm drain outfall and in the surf zone (at ankle to knee water depths) directly in front of the outfall. 4. Samples shall be collected during both dry and wet weather periods. 5. Exceedances of public health standards for bacteria must be reported to the County Department of Public Health as soon as possible by the Copermittees. D. Ambient Bay, Lagoon, and Coastal Receiving Water Monitoring The Copermittees shall collaborate to develop and implement a program to assess the overall health of the receiving water and monitor the impact of urban runoff on ambient receiving water quality. This monitoring shall including San Diego Bay, Mission Bay, Oceanside Harbor, the Pacific Ocean coastline, coastal lagoons and estuaries, and all Clean Water Act section 303(d) water bodies or other environmentally sensitive areas as defined in F.1.b(2)(a)vii of this Order . E. Toxic Hot Spots Monitoring in San Diego Bay The Copermittees shall collaborate to develop and implement a program to assess the relative contribution of urban runoff on Toxic Hot Spots in San Diego Bay. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachm entsA-Ec.doc Page B-3 OCTOBER 11, 2000 b. Each bioassessment station shall be monitored twice annually, in May and October of each year, beginning in May 2001. A minimum of three replicate samples shall be collected at each station during each sampling event. c. Sampling, laboratory, quality assurance, and analysis procedures shall follow the standardized procedures set forth in the California Department of Fish and Game's California Stream Bioassessment Procedure (CSBP). Analysis procedures shall include comparison between station mean values for various biological metrics. Sampling, laboratory, quality assurance, and analytical procedures shall follow the standardized "Non -Point Source Bioassessment Sampling Procedures" for professional bioassessment set forth in the CSBP. In the event that the CSBP "Point -Source Professional Bioassessment Procedure" is performed in place of the "Non Point Source Bioassessment Sampling Procedure," justification and documentation of the procedure shall be submitted with the report. Results of the Urban Stream Bioassessment Monitoring shall be reported annually as part of the overall Receiving Waters Monitoring and Reporting Program for Order No. 2001-01. Reporting of the bioassessment data shall follow the format of the San Diego Regional Water Quality Control Board 1999 Biological Assessment Annual Report4. The report shall include: (1) All physical, chemical and biological data collected in the assessment; (2) Photographic documentation of assessment and reference stations; (3) Documentation of quality assurance and control procedures; (4) Analysis that shall include calculation of the metrics used in both the CSBP and the 1999 Annual Report. (5) The report shall provide interpretation for comparisons of mean biological and habitat assessment metric values between assessment and reference stations. (6) Utilize a regional index of biological integrity as part of the analysis. (7) Electronic data formatted to California Department of Fish and Game Aquatic Bioassessment Laboratory specifications for inclusion in the Statewide Access Bioassessment database. d. A professional environmental laboratory shall perform all sampling, laboratory, quality assurance, and analytical procedures. While valuable, data collected by volunteer monitoring organizations shall not be submitted in place of professional assessments. e. Reference stations shall be selected following the recommendations in the 1999 Annual Report, Hughes (1995)5 and Barbour et. al. (1999)6. Reference stations shall be evaluated annually by the Copermittees for suitability and the results 4 San Diego Regional Water Quality Control Board ,1999 Biological Assessment Annual Report. A Water Quality Inventory Series: Biological and Physical/Habitat Assessment of California Water Bodies. California Department of Fish and Game Office of Spill Prevention and Response, Water Pollution Control Laboratory. December 1999. 5 Hughes, R. M. (1995) Defining Acceptable Biological Status by Comparing with Reference Conditions in Biological Assessment and Criteria: Tools for Water Resource Planning and Decision Making, Wayne S. Davis and Thomas P. Simon eds. Lewis Publishers, Boca Raton, LA. 6 Barbour, M.T. , J Gerritsen, B.D. Synder, and J.B. Stribling (1999) Rapid Bioassessment Protocols For Use in Streams and Wadeable Rivers: Periphyton, Benthic Macroinvertebrates, and Fish. Second Edition. EPA 841-B-99- 002 Tentative Order No. 2001-01 C:\WINDOW S\TEMP\attachmentsA-Ec.doc Page B-2 OCTOBER 11, 2000 11. Receiving Waters Monitoring Program - - Year Round Utilizing the findings of the "Previous Monitoring and Future Recommendations Report' discussed above, the Copermittees shall collaborate to develop, submit, conduct, and report on a year round countywide or watershed based Receiving Waters Monitoring Program2. The goals of both the countywide and watershed based Receiving Waters Monitoring Program shall be clearly stated. The Receiving Waters Monitoring Program goals shall focus on assessing compliance with this Order, achieving water quality objectives, protecting beneficial uses, and assessing the overall health and long-term water quality trends of receiving waters. For purposes of conducting the countywide or watershed based Receiving Waters Monitoring Program, the Copermittees are encouraged to collaborate with other agencies conducting similar monitoring, such as the Southern California Coastal Water Research Project (SCCWRP), the California Department of Fish and Game, or other municipalities in Southern California. Implementation of the countywide or watershed based Receiving Waters Monitoring Program shall begin within 180 days of adoption of this Order. The countywide or watershed based Receiving Waters Monitoring Program shall include, at a minimum, the following components: A. Urban Stream Bioassessment Monitoring B. Long-term Mass Loading Monitoring C. Coastal Storm Drain Outfall Monitoring D. Ambient Bay, Lagoon, and Coastal Receiving Water Monitoring E. Toxic Hot Spots Monitoring in San Diego Bay A. Urban Stream Bioassessment Monitoring 1. The Copermittees shall collaborate to develop and implement an urban stream bioassessment monitoring program. At a minimum, the program shall consist of station identification, sampling, monitoring, and analysis of data for 20 bioassessment stations in order to determine the biological and physical integrity of urban streams within the County of San Diego. In addition to the urban stream bioassessment stations, three reference bioassessment stations shall be identified, sampled, monitored, and analyzed. The selection, sampling, monitoring, and analysis of bioassessment stations shall meet the following requirements: a. Each urban stream bioassessment station shall be selected using the following criteria. Each urban stream bioassessment station shall: (1) be located within the jurisdiction of a Copermittee; or (2) be located within one of the nine watersheds specified in Section J, Table 4 of this Order; and (3) be representative of urban stream conditions within one of the nine watersheds specified in Section J, Table 4 of this Order; and (4) meet the physical criteria of the California Stream Bioassessment Procedure3; and (5) to the extent feasible, coincide with the location of an already existing monitoring station used by the California Department of Fish and Game in the conduct of the SDRWQCB's Ambient Bioassessment Program. 2 During the first two years, monitoring and reporting will be conducted and reported on a countywide basis. Beginning in the third monitoring period of Order 2001-01, the monitoring and reporting program will shift to a watershed based approach. 3 California Stream Bioassessment Procedure (Protocol Brief for Biological and Physical/Habitat Assessment in Wadeable Streams), California Department of Fish and Game — Aquatic Bioassessment Laboratory, May 1999. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page B-1 OCTOBER 11, 2000 ATTACHMENT B RECEIVING WATERS MONITORING AND REPORTING PROGRAM FOR ORDER NO. 2001-01 Countywide to Watershed Based Monitoring and Reporting Program The primary objectives of the Receiving Waters Monitoring and Reporting Program include, but are not limited to: 1) assessing compliance with Order No. 2001-01; 2) measuring the effectiveness of Urban Runoff Management Plans; 3) assessing the chemical, physical, and biological impacts to receiving waters resulting from urban runoff; and 4) assessing the overall health and evaluating long-term trends in receiving water quality. Like Order No. 2001-01 in general, the monitoring requirements below are intended to transition during the five-year permit period from a countywide approach to a watershed based approach. During the first two reporting periods1 of this Order, this monitoring program shall be conducted and reported on the same countywide basis as previously conducted under Order No. 90-42. Specifically, all monitoring shall be conducted jointly by all Copermittees under a single contractor with countywide coordination. Beginning with the third monitoring period of this Order (unless otherwise directed by the SDRWQCB Executive Officer) the design of the monitoring program will shift to a watershed based approach. The monitoring program shall continue to be conducted under a single contractor with countywide coordination. However, the monitoring program design, implementation, analysis,assessment, and reporting shall be conducted on a watershed basis for each of the nine hydrologic units. Monitoring results shall be assessed and reported on a watershed basis as a single report by the Copermittees consisting of one common section and nine watershed sections. Monitoring, analysis, assessment, and reporting shall satisfy the requirements of specified below for each watershed as applicable. Order No. 2001-01 may be modified by the SDRWQCB Executive Officer without further public notice to direct the Copermittees to participate in comprehensive regional monitoring activities in the Southern California Bight during the term of this Order. I. Previous Monitoring and Future Recommendations Report The Copermittees shall collaborate to develop a "Previous Monitoring and Future Recommendations Report" that summarizes all previous wet weather monitoring results and recommends future monitoring activities including the possibility of participating in coordinated comprehensive regional monitoring in the Southern California Bight. The Principal Permittee shall be responsible for the writing of the report and submittal to the SDRWQCB within 180 days of adoption of this Order. At a minimum, the report shall: A. Summarize the cumulative findings of all previous wet weather monitoring; B. Identify detectable trends in water quality data and receiving water quality, based on the cumulative previous wet weather monitoring findings; C. Interpret the cumulative previous wet weather monitoring findings; D. Draw conclusions regarding the cumulative previous wet weather monitoring findings; E. Provide recommendations for future monitoring activities; and F. Include an executive summary, introduction, conclusion, and summary of recommendations. f A reporting period is defined as October 1 s' to September 30'h of any year. The first reporting period under this Order is October 1, 2000 to September 30, 2001. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page A-2 October 11, 2000 10. The discharge of industrial wastes to conventional septic tank/subsurface disposal systems, except as authorized by the terms described in California Water Code Section 13264, is prohibited. 11. The discharge of radioactive wastes amenable to alternative methods of disposal into the waters of the state is prohibited. 12. The discharge of any radiological, chemical, or biological warfare agent into waters of the state is prohibited. 13. The discharge of waste into a natural or excavated site below historic water levels is prohibited unless the discharge is authorized by the Regional Board. 14. The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited. 15. The discharge of treated or untreated sewage from vessels to Mission Bay, Oceanside Harbor, Dana Point Harbor, or other small boat harbors is prohibited. 16. The discharge of untreated sewage from vessels to San Diego Bay is prohibited. 17. The discharge of treated sewage from vessels to portions of San Diego Bay that are less than 30 feet deep at mean lower low water (MLLW) is prohibited. 18. The discharge of treated sewage from vessels, which do not have a properly functioning US Coast Guard certified Type I or Type II marine sanitation device, to portions of San Diego Bay that are greater than 30 feet deep at mean lower low water (MLLW) is prohibited. Tentative Order No. 2001-01 C:\WINDOWS\TEMP\attachmentsA-Ec.doc Page A-1 October 11, 2000 ATTACHMENT A BASIN PLAN PROHIBITIONS California Water Code Section 13243 provides that a Regional Board, in a water quality control plan, may specify certain conditions or areas where the discharge of waste, or certain types of waste is not permitted. The following discharge prohibitions are applicable to any person, as defined by Section 13050(c) of the California Water Code, who is a citizen, domiciliary, or political agency or entity of California whose activities in California could affect the quality of waters of the state within the boundaries of the San Diego Region. 1. The discharge of waste to waters of the state in a manner causing, or threatening to cause a condition of pollution, contamination or nuisance as defined in California Water Code Section 13050, is prohibited. 2. The discharge of waste to land, except as authorized by waste discharge requirements or the terms described in California Water Code Section 13264 is prohibited. 3. The discharge of pollutants or dredged or fill material to waters of the United States except as authorized by an NPDES permit or a dredged or fill material permit (subject to the exemption described in California Water Code §13376)is prohibited. 4. Discharges of recycled water to lakes or reservoirs used for municipal water supply or to inland surface water tributaries thereto are prohibited, unless this Regional Board issues a NPDES permit authorizing such a discharge; the proposed discharge has been approved by the State Department of Health Services and the operating agency of the impacted reservoir; and the discharger has an approved fail-safe long-term disposal alternative. 5. The discharge of waste to inland surface waters, except in cases where the quality of the discharge complies with applicable receiving water quality objectives, is prohibited. Allowances for dilution may be made at the discretion of the Regional Board. Consideration would include streamflow data, the degree of treatment provided and safety measures to ensure reliability of facility performance. As an example, discharge of secondary effluent would probably be permitted if streamflow provided 100:1 dilution capability. 6. The discharge of waste in a manner causing flow, ponding, or surfacing on lands not owned or under the control of the discharger is prohibited, unless the discharge is authorized by the Regional Board. 7. The dumping, deposition, or discharge of waste directly into waters of the state, or adjacent to such waters in any manner which may permit its being transported into the waters, is prohibited unless authorized by the Regional Board. 8. Any discharge to a storm water conveyance system that is not composed entirely of "storm water" is prohibited unless authorized by the Regional Board. [The federal regulations, 40 CFR 122.26 (b) (13), define storm water as storm water runoff, snow melt runoff, and surface runoff and drainage. 40 CFR 122.26 (b) (2) defines an illicit discharge as any discharge to a storm water conveyance system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities. [§122.26 amended at 56 FR 56553, November 5, 1991; 57 FR 11412, April 2, 1992]. 9. The unauthorized discharge of treated or untreated sewage to waters of the state or to a storm water conveyance system is prohibited. Tentative Order No. 2001-01 Page 50 of 50 S:\STORM\S DPERMITSdperm99-01 \Permit\S DM uniPermit.doc October 11, 2000 2. All plans, reports and subsequent amendments submitted in compliance with this Order shall be implemented immediately (or as otherwise specified) and shall be an enforceable part of this Order upon submission to the SDRWQCB. All submittals by Copermittees must be adequate to implement the requirements of this Order. I, John H. Robertus, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Diego Region, on February 14, 2001. John H. Robertus Executive Officer Tentative Order No. 2001 _01 Page 49 of 50 S:\STORM\SDPERMIT\Sdperm99-01\Permit\S DMu n iPermit.doc 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 October 11, 2000 Principal Permittee shall submit 2nd unified 1.2. January 31, 2003 One Time Jurisdictional URMP Annual Report to SDRWQCB Submit to Principal Permittee Watershed M.1. Prior to January 31, Annually Specific URMP Annual Report 2004 (Principal Permittee specifies date of submittal) Principal Permittee shall submit 1st unified M.2. January 31, 2004 One Time Watershed Specific URMP Annual Report to and Annually SDRWQCB Thereafter Principal Permittee shall submit 3rd unified 1.2. January 31, 2004 One Time Jurisdictional URMP Annual Report to SDRWQCB Principal Permittee shall submit 2"0 unified M.2. January 31, 2005 One Time Watershed Specific URMP Annual Report to SDRWQCB Principal Permittee shall submit 4m unified 1.2. January 31, 2005 One Time Jurisdictional URMP Annual Report to SDRWQCB Principal Permittee shall submit 3f0 unified M.2. January 31, 2006 One Time Watershed Specific URMP Annual Report to SDRWQCB Principal Permittee shall submit 5m unified 1.2. January 31, 2006 One Time Jurisdictional URMP Annual Report to SDRWQCB Principal Permittee shall submit formal N.1.a. 180 days after One Time agreement between Copermittees which adoption of Order provides management structure for meeting Order requirements Principal Permittee shall submit N.1.b. 180 days after One Time standardized formats for all reports required adoption of Order under this Order Principal Permittee submits Previous Attachment B 180 days after One Time Monitoring and Future Recommendations adoption of Order Report to SDRWQCB Principal Permittee submits Receiving Attachment B 180 days after One Time Waters Monitoring Program document to adoption of Order SDRWQCB Principal Permittee submits Receiving Attachment B January 31, 2002 Annually Waters Monitoring Annual Report to SDRWQCB Submit to Principal Permittee dry weather Attachment E Prior to 180 days One Time analytical monitoring map and procedures after adoption of Order Principal Permittee submits collective dry Attachment E 180 days after One Time weather analytical monitoring maps and adoption of Order procedures Submit to Principal Permittee dry weather Attachment E Prior rtas part January 31, Annually analytical monitoring results as part of 2002, of individual Jurisdictional URMP Annual individual al JurisdictionalURMP Report Annual Report Principal Permittee shall submit NPDES Attachment C At least 180 days One Time applications for issuance of renewal prior to expiration of watershed based permits this Order Submit reports of any incidence of non- R.1, B.7 of Within 5 days of As Needed compliance with this Order Attachment C incidence of non compliance R. STANDARD PROVISIONS, REPORTING REQUIREMENTS AND NOTIFICATIONS 1. Each Copermittee shall comply with Standard Provisions, Reporting Requirements, and Notifications contained in Attachment C of this Order. This includes 24 hour/5day reporting requirements for any instance of non-compliance with this Order as described in section B.7 of Attachment C. Tentative Order No. 2001-01 Page 48 of 50 S:\STO RM\SDPERMIT1Sdperm99-01 \Permit\SDM un iPermitdoc October 11, 2000 35 of renewal watershed based permits Notify SDRWQCB of any incidence of non- compliance with this Order R.1, B.7 of Attachment C Table 6. Submittal Summary prior to expiration of Order Within 24 hours of incidence of non- compliance As Needed Submittal No. Submittal Permit Section Completion Date Frequency 1 Submit identification of discharges not to be prohibited and BMPs required for treatment of discharges not prohibited B.3. 180 days after adoption of Order One Time 2 Report on discharges causing or contributing to an exceedance of water quality standards, including description of BMP implementation C.2.a. With individual Jurisdictional URMP Annual Reports As Needed 3 Submit Certified Statement of Adequate Legal Authority D.2. 90 days after adoption of Order One Time 4 Submit certified statement if particular high priority construction sites are to be inspected monthly rather than weekly in the rainy season F.2.g.(2). 180 days after adoption of Order and as needed thereafter As Needed 5 Submit report on non -compliant construction sites F.2.i. Within 5 Days of incidence of non- compliance As Needed 6 Submit report on non -compliant industrial sites F.3.b.7. Within 5 days of incidence of non compliance As Needed 7 Submit to Principal Permittee first part of individual Jurisdictional URMP document covering requirements for all Components, excluding the Land -Use for New Development and Redevelopment Component H.1.a. Prior to 180 days after adoption of Order (Principal Permittee specifies date of submittal) One Time 8 Submit to Principal Permittee second part of individual Jurisdictional URMP document covering Land -Use Planning for New Development and Redevelopment Component requirements 1-1.1.b. Prior to 365 days after adoption of Order (Principal Penmittee specifies date of submittal) One Time 9 Principal Permittee shall submit to SDRWQCB first part of unified Jurisdictional URMP document covering requirements for all Components, excluding the Land -Use for New Development and Redevelopment Component H.2.a. 180 days after adoption of Order One Time 10 Principal Permittee shall submit to SDRWQCB second part of unified Jurisdictional URMP document covering Land -Use Planning for New Development and Redevelopment Component requirements, including Model SUSMP H.2.b. 365 days after adoption of Order One Time 11 Submit to SDRWQCB local SUSMP and amended ordinances El.b.(2). and 1-.1.d. 180 days after approval of Model SUSMP One Time 12 Submit to Principal Permittee individual Jurisdictional URMP Annual Report 1.1. Prior to January 31, 2002 (Principal Permittee specifies date of submittal) Annually 13 Principal Permittee shall submit 1st unified Jurisdictional URMP Annual Report to SDRWQCB 1.2. January 31, 2002 One Time and Annually Thereafter 14 Submit to Principal Permittee Watershed Specific URMP document L.1. Prior to January 31, 2003 (Principal Permittee specifies date of submittal) One Time 15 Principal Permittee shall submit unified Watershed Specific URMP document to SDRWQCB L.2. January 31, 2003 One Time Tentative Order No. 2001-01 Page 47 of 50 S:\STORM\SDPERMl PSdperm99-01\PermitlSDMuniPermit.doc October 11, 2000 permits - adoption of Order 7 Develop Model SUSMP F.1.b.(2). 365 days after One Time adoption of Order 8 Develop and adopt individual local SUSMP F.1.b.(2). 180 days after One Time and amended ordinances approval of Model SUSMP by SDRWQCB -- 9 Implement individual jurisdictional SUSMP F.1.b.(2). 180 days after (,, Continuous approval of Model SUSMP by SDRWQCB 10 Revise environmental review processes and F.1.c.(1). 365 days after One Time CEQA checklists adoption of Order 11 Conduct education program for municipal F.1.d.(1).and 365 days after Ongoing planning and development review staff, F.1.d.(2). adoption of Order project applicants, developers, contractors, and property owners 12 Implement all requirements of Construction F.2.a. — F.2.h. 180 days after Ongoing Component of Jurisdictional URMP adoption of Order 13 Notify SDRWQCB of non -compliant F.2.i Within 24 hours of As Needed construction sites incidence of noncompliance 180 days after adoption of Order 14 Implement all requirements of Municipal Existing Development Component of F.3.a.(1). — F.3.a.(8). Ongoing f7 15 dunsarcuwMu uruv r implement all requirements of Industrial Existing Development Component of F.3.b.(1) — F.3.b.(8) 180 days after adoption of Order Ongoing 16 Notify SDRWQCB of non -compliant industrial sites F.3.b.8 Within 24 hours of incidence of noncompliance As Needed 17 Implement all requirements of Commercial Existing Development Component of F.3.c.(1) — F.3.c.(5) 180 days after adoption of Order Ongoing 18 Implement all requirements of Residential Existing Development Component of F.3.d.(1) — F.3.d.(3) 180 days after adoption of Order Ongoing 19 Implement all requirements of Education Component of Jurisdictional URMP F.4.a. — F.4.c. 180 days after adoption of Order Ongoing 20 Implement all requirements of Illicit Connections/Illegal Discharges Component of Jurisdictional URMP F.5.a. — F.5.i. 180 days after adoption of Order Ongoing 21 Implement all requirements of Public Participation Component of Jurisdictional URMP F.6. 180 days after adoption of Order Ongoing 22 Develop strategy for assessment of Jurisdictional URMP effectiveness F.7.a. 180 days after adoption of Order One Time 23 Assess Jurisdictional URMP effectiveness F.7.b. January 31, 2002 Annually 24 Develop strategy for fiscal analysis of urban runoff management program F.8. 180 days after adoption of Order One Time 25 Conduct fiscal analysis of urban runoff management program in entirety F.8. January 31, 2002 Annually 26 Develop and implement Watershed URMP J.2. January 31, 2003 Ongoing 27 Execute formal agreement which provides management structure for meeting Order requirements N.1.a. 180 days after adoption of Order One Time 28 Develop standardized formats for all required reports of this Order N.1.b. 180 days after adoption of Order One Time 29 Develop Previous Monitoring and Future Recommendations Report Attachment B 180 days after adoption of Order One Time 30 Develop Receiving Waters Monitoring Program Attachment B 180 days after adoption of Order One Time 31 Implement Receiving Waters Monitoring Program Attachment B 180 days after adoption of Order Continuous 32 Develop dry weather analytical monitoring map and procedures Attachment E 180 days after adoption of Order One Time 33 Conduct dry weather analytical monitoring Attachment E January 31, 2002 Annually 34 Complete NPDES applications for issuance Attachment C At least 180 days One Time Tentative Order No. 2001-01 Page 46 of 50 S:\STORM\SDP ERMIT\Sdperm99-01 \Permit\SDMun i Pennit.doc Copermittees. The Principal Permittee shall also be responsible for collecting and assembling the watershed specific Watershed URMP Annual Reports covering the activities conducted by each individual Copermittee. e. Receiving Waters Monitoring and Reporting Program - The Principal Permittee shall be responsible for the writing and submittal of the Previous Monitoring and Future Recommendations Report. The report shall be submitted to the SDRWQCB within 180 days of adoption of this Order. f. Receiving Waters Monitoring and Reporting Program - The Principal Permittee shall be responsible for the development and writing of the Receiving Waters Monitoring Program as it is outlined in Attachment B. The Principal Permittee shall submit the Receiving Waters Monitoring Program to the SDRWQCB within 180 days of adoption of this Order. Receiving Waters Monitoring and Reporting Program : The Principal Permittee shall submit the Receiving Waters Monitoring Annual Report to the SDRWQCB on January 31 of each year, beginning on January 31, 2002. h. Formal Agreements/Standardized Formats - The Principal Permittee shall submit to the SDRWQCB, within 180 days of adoption of this Order, a formal agreement between the Copermittees which provides a management structure for meeting the requirements of this Order (as described in section N.1.a.). The Principal Permittee shall submit to the SDRWQCB, within 180 days of adoption of this Order, standardized formats for all reports and documents required under this Order. g• October 11, 2000 i. Dry Weather Analytical Monitoring - The Principal Permittee shall collectively submit the Copermittees' dry weather analytical monitoring maps and procedures to the SDRWQCB within 180 days of adoption of this Order P. RECEIVING WATERS MONITORING AND REPORTING PROGRAM 1. Pursuant to California Water Code section 13267, each Copermittee shall comply with Monitoring and Reporting Program for No. 2001-01 contained in Attachment B of this Order. 2. Each Copermittee shall also comply with standard provisions, reporting requirements, and notifications contained in Attachment C of this Order. Q. TASKS AND SUBMITTAL SUMMARY The tasks and submittals required under this Order are summarized in Tables 5 and 6 below: Table 5. Task Summary Task No. Task Permit Section Completion Date Frequency 1 Identify discharges not to be prohibited and BMPs required for treatment of discharges not prohibited 6.3. 180 days after adoption of Order One Time 2 Examine field screening results to identify water quality problems resulting from non - prohibited non -storm water discharges, including follow-up of problems B.5 January 31, 2002 Annually 3 Notify SDRWQCB of discharges causing or contributing to an exceedance of water quality standards C.2.a. Immediate As Needed 4 Establish adequate legal authority to control pollutant discharges into and from MS4 D.1. 90 days after adoption of Order One Time 5 Revise General Plan to incorporate water quality and watershed protection principles F.1.a. 365 days after adoption of Order One Time 6 Include conditions of approval in local F.1.b.(1). 365 days after One Time Tentative Order No. 2001-01 Page 45 of 50 S:\STORM\SDPERMI1\Sdperm99-01\Permit\SDMuniP ermit.doc O. PRINCIPAL PERMITTEE RESPONSIBILITIES October 11, 2000 The Principal Permittee shall be the City of Sari Diego. The Principal Permittee shall, at a minimum: 1. Serve as liaison between the Copermittees and the SDRWQCB on general permit issues. 2. Ensure coordination of permit activities among the Copermittees and facilitate collaboration on the development and implementation of programs required under this Order; 3. Integrate individual Copermittee documents and reports required under this Order into single unified documents and reports for submittal to the SDRWQCB as described below. If a reporting date falls on a non -working day or State holiday, then the report is to be submitted on the following working day. a. Unified Jurisdictional URMP Document — The Principal Permittee shall submit the unified Jurisdictional URMP document to the SDRWQCB. The first part of the unified Jurisdictional URMP document (as described in section H.2.a.) shall be submitted within 180 days of adoption of this Order. The second part of the unified Jurisdictional URMP document (as described in section H.2.b.) shall be submitted within 365 days of adoption of this Order. The Principal Permittee shall be responsible for producing the sections of the unified Jurisdictional URMP document submittals covering common activities conducted by the Copermittees. As part of the second unified Jurisdictional URMP document submittal, the Principal Permittee shall be responsible for the development and writing of a stand alone Model SUSMP document meeting the requirements of section F.1.b.(2). of this Order. The Principal Permittee shall also be responsible for collecting and assembling the individual Jurisdictional URMP document submittals covering the activities conducted by each individual Copermittee. b. Unified Jurisdictional URMP Annual Reports — The Principal Permittee shall submit unified Jurisdictional URMP Annual Reports to the SDRWQCB by January 31 of each year, beginning on January 31, 2002. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 31, 2002 shall cover the reporting period July 1, 2000 to June 30, 2001. The Principal Permittee shall be responsible for producing the section of the unified. Jurisdictional URMP Annual Reports covering common activities conducted by the Copermittees. The Principal Permittee shall also be responsible for collecting and assembling the individual Jurisdictional URMP Annual Reports covering the activities conducted by each individual Copermittee. c. Unified Watershed URMP Document — The Principal Permittee shall submit the unified Watershed URMP document to the SDRWQCB by January 31, 2003. The Principal Permittee shall be responsible for producing the section of the unified Watershed URMP document covering common activities conducted by the Copermittees. The Principal Permittee shall also be responsible for collecting and assembling the watershed specific Watershed URMP documents covering the activities conducted by each individual Copermittee. d. Unified Watershed URMP Annual Report - The Principal Permittee shall submit unified Watershed URMP Annual Reports to the SDRWQCB by January 31 of each year, beginning on January 31, 2004. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 3, 2004 shall cover the reporting period July 1, 2002 to June 30, 2003. The Principal Permittee shall be responsible for producing the section of the unified Watershed URMP Annual Reports covering common activities conducted by the Tentative Order No. 2001-01 Page 44 of 50 SASTORM\SDP ERMInSdperm99-01 \Permit\SDMuniPermit.doc period to meet the requirements of all components of the Watershed URMP section of this Order. Each Watershed URMP Annual Report shall, at a minimum, contain the following: a. Comprehensive description of all activities conducted by the watershed member Copermittees to meet all requirements of each component of Watershed URMP section J. of this Order b. Public participation mechanisms utilized during the Watershed URMP implementation process; c. Mechanism for watershed based land use planning; d. Assessment of effectiveness of Watershed URMP; e. Proposed revisions to the Watershed URMP; f. A summary of watershed effort related data not included in the annual monitoring report (e.g., special investigations); and g. Identification of water quality improvements or degradation. 2. Unified - The Unified Watershed URMP Annual Report shall contain a section covering common activities conducted collectively by the Copermittees, to be written by the Principal Permittee, and the nine Watershed Specific URMP Annual Reports. Each Lead Watershed Copermittee shall submit to the Principal Permittee a Watershed Specific URMP Annual Report by the date specified by the Principal Permittee. The Principal Permittee shall submit the Unified Watershed URMP Annual Report to the SDRWQCB by January 31, 2004 and every January 31 thereafter. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 31, 2004 shall cover the reporting period July 1, 2002 to June 30, 2003. 3. Universal Reporting Requirements All individual and unified Watershed URMP submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement N. ALL COPERMITTEE COLLABORATION 1. Each Copermittee shall collaborate with all other Copermittees regulated under this Order to address common issues, promote consistency among Jurisdictional Urban Runoff Management Programs (Jurisdictional URMPs) and Watershed Urban Runoff Management Programs (Watershed URMPs), and to plan and coordinate activities required under this Order a. Management Structure - All Copermittees shall jointly execute and submit to the SDRWQCB no later than 180 days after adoption of this Order, a Memorandum of Understanding, Joint Powers Authority, or other instrument of formal agreement which at a minimum provides a management structure for the following: • Designation of Joint Responsibilities ® Decision making ® Watershed activities; • Information management of data and reports, including the requirements under this Order; and • Any and all other collaborative arrangements for compliance with this Order. b. All Copermittees shall jointly develop a standardized format(s) for all reports required under this Order (e.g., annual reports, monitoring reports, fiscal analysis reports, and program effectiveness reports, etc.). The standardized reporting format(s) shall be used by all Copermittees and shall include protocols for electronic reporting. The Principal Permittee shall submit the standardized format(s) to the SDRWQCB no later than 180 days after adoption of this Order. October 11, 2000 Tentative Order No. 2001-01 Page 43 of 50 S:\STO R M\SDPERM IT\Sdperm99-01\Permit\S DMuni Permit.doc K. IMPLEMENTATION OF WATERSHED URMP October 11, 2000 Each Copermittee shall have completed full implementation of all requirements of the Watershed URMP section of this Order no later than January 31, 2003 unless otherwise specified. L. SUBMITTAL OF WATERSHED URMP DOCUMENT The written account of the overall watershed program to be conducted by each Copermittee during the remaining life of this Order is referred to as the "Watershed URMP Document". The Watershed URMP is conducted concurrently with the Jurisdictional URMP4. 1. Each Watershed Specific URMP document shall state how the member Copermittees within each watershed will develop and implement the requirements of the Watershed URMP section J. of this Order. The Copermittees responsible for each of the nine Watershed URMPs arespecified in Table 4 above. The Lead Watershed Copermittee for each watershed is highlighted. Each Lead Watershed Copermittee shall be responsible for producing its respective Watershed URMP document, as well as for coordination and meetings amongst all member watershed Copermittees. Each Lead Watershed Copermittee is further responsible for the submittal of the Watershed URMP document' to the Principal Permittee by the date specified by the Principal Permittee. a. Each Watershed specific URMP document shall include: (1) A completed watershed map (2) A water quality assessment and watershed monitoring needed (3) Prioritization of water quality problems (4) Recommended activities (short and long term) (5) Individual Copermittee implementation responsibilities and time schedules for implementation (6) A description of watershed public participation mechanisms (7) A description of watershed education mechanisms (8) A description of the mechanism and implementation schedule for watershed -based land use planning (9) A strategy for assessing the long-term effectiveness of the Watershed URMP 2. Unified - The unified Watershed URMP document shall contain a section covering common activities conducted collectively by the Copermittees, to be written by the Principal Permittee, and the nine Watershed Specific URMP documents. The Principal Permittee shall submit the unified Watershed URMP document to the SDRWQCB by January 31, 2003. 3. Universal Reporting Requirements. All individual and unified Watershed URMP submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. M. SUBMITTAL OF WATERSHED URMP ANNUAL REPORT 1. Watershed Specific - Each Watershed Specific URMP Annual Report shall be a documentation of the activities conducted by watershed member Copermittees during the previous annual reporting 4 As each Copermittee transitions from conducting its management program only within its jurisdiction to conducting it also throughout the entire watershed (with neighboring Copermittees), it is expected that many activities will continue on a jurisdictional level (e.g., enforcement of local ordinances and permits). Implementation of the Watershed URMP is not meant to replace, but to expand implementation of the Jurisdictional URMP. For this reason, it is necessary to report management activities on both levels. This can be accomplished either by submitting both a Jurisdictional URMP Annual Report and a Watershed URMP Annual Report or by submitting a single Watershed URMP Annual Report that contains two separate sections (I e , watershed activities and jurisdictional activities). Information need only be reported once (to the extent something is covered in the Watershed URMP Annual Report, it need not be covered again the Jurisditional URMP Annual Report). Tentative Order No. 2001-01 Page 42 of 50 S ASTORM\S DPERMIT\Sdperm99-01‘Permit\SDMuniPerm it.doc i. An implementation schedule for collaborative watershed -based land use planning to begin no later than January 2005. j. Long-term strategy for assessing the effectiveness of the Watershed URMP. The long-term assessment strategy shall identify specific direct and indirect measurements that will track the long-term progress of Watershed URMP towards achieving improvements in receiving water quality. Methods used for assessing effectiveness shall include for example: surveys, pollutant loading estimations, and receiving water quality monitoring. The long-term strategy shall also discuss the role of monitoring data in substantiating or refining the assessment. Table 4. Copermittees by Watershed October 11, 2000 RESPONSIBLE COPERMITTEE(S) WATERSHEDURBAN RUNOEE MANAGEMENT 'PROGRAM HYDROLOGIC .UNIT OR AREA 1. County of San Diego 1. City of Escondido 2. City of Oceanside 3. City of Vista 4. County of San Diego 1. City of Carlsbad 2. City of Encinitas 3. City of Escondido 4. City of Oceanside 5. City of San Marcos 6. City of Solana Beach 7. City of Vista 8. County of San Diego 1. City of Del Mar 2. City of Escondido 3. City of Poway 4. City of San Diego 5. City of Solana Beach 6. County of San Diego 1. City of Del Mar 2. City of Poway 3. City of San Diego Santa Margarita River San Luis Rey River Carlsbad San Dieguito River Pefiasquitos Santa Margarita HU (902.00) San Luis Rey HU (903.00) Carlsbad HU (904.00) San Dieguito HU (905.00) Miramar Reservoir HA (906.10) Poway HA (906.20) MAJOR•RECEIVING WATER BODIES Santa Margarita River and Estuary, Pacific Ocean San Luis Rey River and Estuary, Pacific Ocean BatiquitoS Lagoon San Elrlo Lagoon Agua Hedionda Lagoon Buena Vista Lagoon and Tributary Streams Pacific Ocean San Dieguito River and Estuary Pacific Ocean Los Penasquitos Creek Los Pefiasquitos Lagoon Pacific Ocean 4. County of San Diego 1. City of San Diego Mission Bay Scripps HA (906.30) Miramar HA(906.40) Tecolote HA (906.50) Mission Bay, Pacific Ocean 1. City of El Cajon 2. City of La Mesa 3. City of Poway 4. City of San Diego 5. City of Santee 6. County of San Diego San Diego River San Diego HU (907.00) San Diego River Pacific Ocean 1. City of Chula Vista 2. City of Coronado 3. City of El Cajon 4. City of Imperial Beach 5. City of La Mesa 6. City of Lemon Grove 7. City of National City 8. City of San Diego 9. County of San Diego 10. San Diego Unified Port District San Diego Bay Pueblo San Diego HU (908.00) 908.00 Sweetwater HU (909.00) Otay HU (910.00) San Diego Bay Sweetwater River Otay River Pacific Ocean 1. City of Imperial Beach 2. City of San Diego 3. County of San Diego Tijuana River Tijuana (911.00) TPacificia River and Estuary 0 The Lead Watershed Copermi ee for each watershed is Tentative Order No. 2001-01 Page 41 of 50 S:\STORM\SDPERMMSdperm99-01\Permit\SDMuniPermit.doc October 11, 2000 2. Unified - The unified Jurisdictional URMP Annual Report shall contain a section covering common activities conducted collectively by the Copermittees, to be written by the Principal Permittee, and the twenty individual Jurisdictional URMP Annual Reports. Each Copermittee shall submit to the Principal Permittee an individual Jurisdictional URMP Annual Report by the date specified by the Principal Permittee. The Principal Permittee shall submit a unified Jurisdictional URMP Annual Report to the SDRWQCB by January 31, 2002 and every January 31 thereafter. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 31, 2002 shall cover the reporting period July 1, 2000 to June 30, 2001. 3. Universal Reporting Requirements All individual and unified Jurisdictional URMP submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. J. WATERSHED URBAN RUNOFF MANAGEMENT PROGRAM 1. Each Copermittee shall collaborate with other Copermittees within its watershed(s) as shown in Table 4. below to identify and mitigate the highest priority water quality issues/pollutants in the watershed(s). 2. Each Copermittee shall collaborate with all other Copermittees discharging urban runoff into the same watershed to develop and implement a Watershed Urban Runoff Management Program (Watershed URMP) for the respective watershed. Each Watershed URMP shall, at a minimum contain the following: a. An accurate map of the watershed (preferably in Geographical Information System [GIS] format) that identifies all receiving waters (including the Pacific Ocean); all Clean Water Act section 303(d) impaired receiving waters (including the Pacific Ocean); land uses; MS4s, major highways; jurisdictional boundaries; and inventoried commercial, construction, industrial, municipal sites, and residential areas. b. An assessment of the water quality of all receiving waters in the watershed based upon (1) existing water quality data; and (2) annual watershed water quality monitoring that satisfies the watershed monitoring requirements of Attachment B ; c. An identification and prioritization of major water quality problems in the watershed caused or contributed to by MS4 discharges and the likely source(s) of the problem(s); d. An implementation time schedule of short and long-term recommended activities (individual and collective) needed to address the highest priority water quality problem(s). For this section, "short-term activities" shall mean those activities that are to be completed during the life of this Order and `long-term activities" shall mean those activities that are to be completed beyond the life of this Order; e. An identification of the Copermittee(s) responsible for implementing each recommended activity, including time schedule for implementation; t. A mechanism for public participation throughout the entire watershed URMP process; g. A watershed based education program; h. A mechanism to facilitate collaborative `watershed -based" (i.e., natural resource -based) land use planning with neighboring local governments in the watershed. Tentative Order No. 2001-01 Page 40 of 50 October 11, 2000 C:1Web DevelopmentlRWQCB9 Internet SItetlnternet DocumentsiStormWater\SOMuniPermit.doc c. Each Copermittee shall submit to the Principal Permittee each part of its individual Jurisdictional URMP document by the dates specified by the Principal Permittee. d. In addition to submittal of the two parts of the Jurisdictional URMP document, each Copermittee shall submit to the SDRWQCB its own adopted local SUSMP consistent with the approved Model SUSMP, as described in section F.1.b.(2). of this Order. Each Copermittee's own local SUSMP, along with its amended ordinances, shall be submitted to the SDRWQCB within 180 days of the SDRWQCB's approval of the Model SUSMP. 2. Unified — The Principal Permittee shall submit the unified Jurisdictional URMP document to the SDRWQCB. The unified Jurisdictional URMP document shall be submitted in two parts. a. The first unified Jurisdictional URMP document submittal shall address the requirements of the entire Jurisdictional URMP sections F.2 — F.8. of this Order, with the exception of the Land -Use Planning for New Development and Redevelopment Component. The first unified Jurisdictional URMP document submittal shall contain a section covering common activities conducted collectively by the Copermittees, to be written by the Principal Permittee, and the twenty individual Jurisdictional URMP documents. The Principal Permittee shall submit the first unified Jurisdictional URMP document to the SDRWQCB within 180 days of adoption of this Order. b. The second unified Jurisdictional URMP document submittal shall address the requirements of the Land -Use Planning for New Development and Redevelopment Component of the Jurisdictional URMP section of this Order: The second unified Jurisdictional URMP document submittal shall contain a section covering common activities conducted collectively by the Copermittees, to be written by the Principal Permittee, and the twenty individual Jurisdictional URMP documents. As part of the second unified Jurisdictional URMP document, the Principal Permittee shall be responsible for the development and wilting of a stand alone Model SUSMP document meeting the requirements of section F.1.b.(2). of this Order. The Principal Permittee shall submit the second unified Jurisdictional URMP document, including the Model SUSMP, to the SDRWQCB within 365 days of adoption of this Order. 3. Universal Reporting Requirements All individual and unified Jurisdictional URMP document submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. I. SUBMITTAL OF JURISDICTIONAL URMP ANNUAL REPORT 1. Individual - Each individual Jurisdictional URMP Annual Report shall be a documentation of the activities conducted by each Copermittee during the past annual reporting period. Each Jurisdictional URMP Annual Report shall, at a minimum, contain the following: a. Comprehensive description of all activities conducted by the Copermittee to meet all requirements of each component of the Jurisdictional URMP section of this Order; F.1. Land -Use Planning for New Development and Redevelopment Component F.2. Construction Component F.3. Existing Development Component (Including Municipal, Industrial, Commercial, Residential, and Education) F.4. Education Component F.5. Illicit Discharge Detection and Elimination Component F.6. Public Participation Component F.7. Assessment of Jurisdictional URMP Effectiveness Component F.8. Fiscal Analysis Component Tentative Order No. 2001-01 Page 39 of 50 October 11, 2000 C:\Web Development\RWQCa9 Internet SitelInternet DocumentssStormWaterrSDMuniPermit.doc (6) Education Component (7) (a) A description of the content, form, and frequency of education efforts for each target community Illicit Discharges Detection and Elimination Component (a) A description of the program to actively seek and eliminate illicit discharges and connections (b) A description of dry weather analytical monitoring to be conducted to detect illicit discharges and connections (see Attachment E) (c) A description of investigation and inspection procedures to follow-up on dry weather analytical monitoring results or other information which indicate potential for illicit discharges and connections (d) A description of procedures to eliminate detected illicit discharges and connections (e) A description of enforcement mechanisms and how they will be used (f) A description of methods to prevent, respond to, contain, and clean up all sewage (including spills from private laterals) and other spills in order to prevent entrance into the MS4 (g) A description of the mechanism to receive notification of spills from private laterals (h) A description of efforts to facilitate public reporting of illicit discharges and connections, including a public hotline (i) A description of efforts to facilitate proper disposal of used oil and other toxic materials (j) A description of controls and measures to be implemented to limit infiltration of seepage from sanitary sewers to MS4s (k) A description of routine preventive maintenance activities on the sanitary system and MS4 (8) Public Participation Component (a) A description of how public participation will be included in the implementation of the Jurisdictional URMP (9) Assessment of Jurisdictional URMP Effectiveness Component (a) A description of strategies to be used for assessing the long-term effectiveness of the individual Jurisdictional URMP. (10)Fiscal Analysis Component (a) A description of the strategy to be used to conduct a fiscal analysis of the urban runoff management program. b. The second submittal of the individual Jurisdictional URMP document shall address the requirements of the Land -Use Planning for New Development and Redevelopment Component of the Jurisdictional URMP section F.1. of this Order. At a minimum, the second submittal of the individual Jurisdictional URMP document shall contain the following information for the following components: (1) General Plan (or equivalent plan) revisions, specifying water protection policies (2) Conditions of project approval in local development permits (3) Participation efforts conducted in the development of the Model SUSMP (4) Environmental review processes and CEQA initial study checklist revisions (5) A description of the planning education program and how it will be implemented Tentative Order No. 2001-01 Page 38 of 50 October 11, 2000 C:\Web Development\RWQCB9 Internet Sitetntemet DocumentslstormWater\SDMuniPennitdoc (a) Which pollution prevention methods will be required for implementation and how they will be required (b) A completed watershed -based inventory of all municipal land use areas and activities (c) A completed prioritization of all municipal areas and activities based on threat to water quality (d) Which BMPs will be implemented, or required to be implemented, for each priority category (e) How BMPs will be implemented, or required to be implemented, for each priority category (f) Municipal maintenance activities and schedules (g) Management strategy for pesticides, herbicides, and fertilizer use. (h) Planned inspection frequencies for the high priority category (i) Methods for inspection (j) A description of enforcement mechanisms and how they will be used (3) Industrial (Existing Development) Component (a) Which pollution prevention methods will be required for implementation and how they will be required (b) A completed watershed -based inventory of all industrial sites (c) A completed prioritization of all industrial sites based on threat to water quality (d) Which BMPs will be implemented, or required to be implemented, for each priority category (e) How BMPs will be implemented, or required to be implemented, for each priority category (f) A description of the monitoring program to be conducted, or required to be conducted (g) Planned inspection frequencies for each priority category (h) Methods for inspection (i) A description of enforcement mechanisms and how they will be used (j) A description of how non -compliant sites will be identified and the process for notifying the SDRWQCB, including a list of current non -compliant sites (4) Commercial (Existing Development) Component (a) Which pollution prevention methods will be required for implementation and how they will be required (b) A completed watershed -based inventory of high priority commercial sites (c) Which BMPs will be implemented, or required to be implemented, for high priority sites (d) How BMPs will be implemented, or required to be implemented, for high priority sites (e) Planned inspection frequencies for high priority sites (f) Methods for inspection (g) A description of enforcement mechanisms and how they will be used (5) Residential (Existing Development) Component (a) Which pollution prevention methods will be encouraged for implementation and how they will be encouraged (b) A completed inventory of high priority residential areas and activities (c) Which BMPs will be implemented, or required to be implemented, for high priority areas and activities (d) How BMPs will be implemented, or required to be implemented, for high priority areas and activities (e) A description of enforcement mechanisms and how they will be used Tentative Order No. 2001-09 Page 37 of 50 October 11, 2000 C:1Web Development\RWQCB9 Internet SiteUnternet Documents\StormWater\SOMuniPermit.dac conduct an annual fiscal analysis as part of its individual Jurisdictional URMP Annual Report. This analysis shall, for each fiscal year covered by this Order, evaluate the expenditures (such as capital, operation and maintenance, education, and administrative expenditures) necessary to accomplish the activities of the Copermittee's urban runoff management program. Such analysis shall include a description of the source(s) of funds that are proposed to meet the necessary expenditures, including legal restrictions on the use of such funds. G. IMPLEMENTATION OF JURISDICTIONAL URMP Each Copermittee shall have completed full implementation of all requirements of the Jurisdictional URMP section of this Order no later than 180 days after adoption of this Order, with the exception of the requirements included in the Land -Use Planning for New Development and Redevelopment Component of the Jurisdictional URMP section of this Order. Each Copermittee shall have completed full implementation of all requirements of the Land -Use Planning for New Development and Redevelopment Component of the Jurisdictional URMP section of this Order no later than 365 days after adoption of this Order. H. SUBMITTAL OF JURISDICTIONAL URMP DOCUMENT The written account of the overall program to be conducted by each Copermittee within its jurisdiction during the five-year life of this Order is referred to as the "Jurisdictional URMP Document". 1. Individual — Each Copermittee shall submit to the Principal Permittee an individual Jurisdictional URMP document which describes all activities it has undertaken or is undertaking to implement the requirements of each component of the Jurisdictional URMP section F. of this Order. Individual Jurisdictional URMP documents shall be submitted in two parts. a. The first submittal of the individual Jurisdictional URMP document shall address the requirements of the entire Jurisdictional URMP section of this Order, with the exception of the Land -Use Planning for New Development and Redevelopment Component (i.e., sections F.2. — F.8.) At a minimum, the first submittal of the individual Jurisdictional URMP document shall contain the following information for the following components: (1) Construction Component (a) Which pollution prevention methods will be required for implementation and how they will be required (b) Updated grading ordinances (c) A description of the modified construction and grading approval process (d) Updated conditions of approval in local grading and construction permits (e) A completed watershed -based inventory of all construction sites (f) A completed prioritization of all construction sites based on threat to water quality (g) Which BMPs will be implemented, or required to be implemented, for each priority category (h) How BMPs will be implemented, or required to be implemented, for each priority category (i) Planned inspection frequencies for each priority category (j) Methods for inspection (k) A description of enforcement mechanisms and how they will be used (I) A description of how non -compliant sites will be identified and the process for notifying the SDRWQCB, including a list of current non -compliant sites (m) A description of the construction education program and how it will be implemented (2) Municipal (Existing Development) Component Tentative Order No. 2001-01 Page 36 of 50 C:\Web DevelopmentUiWQCB9 Internet SiteUntemet Documents1StormWateaSDMuniPennit.doc October 11, 2000 water quality impacts associated with discharges into or from MS4s. Each Copermittee shall facilitate public reporting through development and operation of a public hotline. Public hotlines can be Copermittee-specific or shared by Copermittees. All storm water hotlines shall be capable of receiving reports in both English and Spanish 24 hours per day / seven days per week. Copermittees shall respond to and resolve each reported incident. All reported incidents, and how each was resolved, shall be summarized in each Copermittee's individual Jurisdictional URMP Annual Report. F.5.h. Facilitate Disposal of Used Oil and Toxic Materials Each Copermittee shall facilitate the proper management and disposal of used oil, toxic materials, and other household hazardous wastes. Such facilitation shall include educational activities, public information activities, and establishment of collection sites operated by the Copermittee or a private entity. Curbside collection of household hazardous wastes is encouraged. F.5.i. Limit Infiltration From Sanitary Sewer to MS4/ Provide Preventive Maintenance of Both Each Copermittee shall implement controls and measures to limit infiltration of seepage from municipal sanitary sewers to MS4s. Such controls shall include overall sanitary sewer and MS4 system surveys and thorough, routine preventive maintenance of both. F.6. Public Participation Component Each Copermittee shall incorporate a mechanism for public participation in the implementation of the Jurisdictional URMP. F.7. Assessment of Jurisdictional URMP Effectiveness Component a. As part of its individual Jurisdictional URMP, each Copermittee shall develop a long-term strategy for assessing the effectiveness of its individual Jurisdictional URMP. The long-term assessment strategy shall identify specific direct and indirect measurements that each Copermittee will use to track the long-term progress of its individual Jurisdictional URMP towards achieving improvements in receiving water quality. Methods used for assessing effectiveness shall include for example surveys, pollutant loading estimations, and receiving water quality monitoring. The long-term strategy shall also discuss the role of monitoring data in substantiating or refining the assessment. b. As part of its individual Jurisdictional URMP Annual Report, each Copermittee shall include an assessment of the effectiveness of its Jurisdictional URMP using the direct and indirect assessment measurements and methods developed in its long-term assessment strategy. c. Individual Jurisdictional URMP Annual Reports shall also include each Copermittees' self - assessment of its "status of compliance" with this Order. Specifically, each Annual Report shall specify its self -assessment of its "percent compliance with each component of its Jurisdictional URMP" (sections F.1: F.8.), as well as the Copermittees' self -assessment of its "overall percent compliance" with this Order in its entirety. F.8. Fiscal Analysis Component Each Copermittee shall secure the resources necessary to meet the requirements of this Order. As part of its individual Jurisdictional URMP, each Copermittee shall develop a strategy to conduct a fiscal analysis of its urban runoff management program in its entirety. In order to demonstrate sufficient financial resources to implement the conditions of this Order, each Copermittee shall Tentative Order No. 2001-01 Page 35 of 50 October 11, 2000 C:1Web Development%RWQCB9 Internet SitelIntemet DocumentssStormWaterlSDMuniPermit.doc F.5.g Facilitate Public Reporting of Illicit Discharges and Connections — Public Hotline F.5.h Facilitate Disposal of Used Oil and Toxic Materials F.5.i Limit Infiltration From Sanitary Sewer to MS4 F.5.a. Illicit Discharges and Connections Each Copermittee shall implement a program to actively seek and eliminate illicit discharges and connections into its MS4. The program shall address all types of illicit discharges and connections excluding those non -storm water discharges not prohibited by the Copermittee in accordance with Section B. of this Order. F.5.b. Dry Weather Analytical Monitoring Each Copermittee shall conduct dry weather analytical monitoring of MS4 outfalls within its jurisdiction to detect illicit discharges and connections in accordance with Attachment E of this Order. F.5.c. Investigation / Inspection and Follow -Up Each Copermittee shall investigate and inspect any portion of the MS4 that, based on dry - weather analytical monitoring results or other appropriate information, indicates a reasonable potential for illicit discharges, illicit connections, or other sources of non -storm water (including non -prohibited discharge(s) identified in Section B. of this Order). Each Copermittee shall establish criteria to identify portions of the system where such follow-up investigations are appropriate. F.5.d. Elimination of Illicit Discharges and Connections Each Copermittee shall eliminate all detected illicit discharges, discharge sources, and connections immediately. F.5.e. Enforce Ordinances Each Copermittee shall implement and enforce its ordinances, orders, or other legal authority to prevent illicit discharges and connections to its MS4. Each Copermittee shall also implement and enforce its ordinance, orders, or other legal authority to eliminate detected illicit discharges and connections to it MS4. F.5.f. Prevent and Respond to Sewage Spills (Including from Private Laterals) and Other Spills Each Copermittee shall prevent, respond to, contain and clean up all sewage and other spills that may discharge into its MS4 from mt source (including private laterals). Spill response teams shall prevent entry of spills into the MS4 and contamination of surface water, ground water and soil to the maximum extent practicable. Each Copermittee shall coordinate spill prevention, containment and response activities throughout all appropriate departments, programs and agencies to ensure maximum water quality protection at all times. Each Copermittee shall develop and implement a mechanism whereby it is notified of all sewage spills from private laterals into its MS4. Each Copermittee shall prevent, respond to, contain and clean up sewage from any such notification. F.5.g. Facilitate Public Reporting of Illicit Discharges and Connections - - Public Hotline Each Copermittee shall promote, publicize and facilitate public reporting of illicit discharges or Tentative Order No. 2001-01 Page 34 of 50 October 11, 2000 C:\Web DevelopmenttRWQCB9 Internet SiteUntemet DocumentssStormWater\SDMuniPermit.doc In addition to the topics listed in F.4.a. above, the Municipal, Construction, Industrial, Commercial, and Quasi -Governmental (Educational Institutions, Water Districts, Sanitation Districts) Communities shall also be educated on the following topics where applicable: • Basic urban runoff training for all personnel • Additional urban runoff training for appropriate personnel • Illicit Discharge Detection and Elimination observations and follow-up during daily work activities • Lawful disposal of catchbasin and other MS4 cleanout wastes • Water quality awareness for Emergency/First Responders • California's Statewide General NPDES Permit for Storm Water Discharges Associated with Industrial Activities (Except Construction). ® California's Statewide General NPDES Permit for Storm Water Discharges Associated with Construction Activities • SDRWQCB's General NPDES Permit for Groundwater Dewatering • 401 Water Quality Certification by the SDRWQCB • Statewide General NPDES Utility Vault Permit (NPDES No. CAG990002) • SDRWQCB Waste Discharge Requirements for Dredging Activities ® Local requirements beyond statewide general permits • Federal, state and local water quality regulations that affect development projects • Water quality impacts associated with land development • Alternative materials & designs to maintain peak runoff values • How to conduct a storm water inspection • Potable water discharges to the MS4 • Dechlorination techniques ® Hydrostatic testing ® Spill response, containment, & recovery • Preventive maintenance • How to do your job and protect water quality F.4.c. Residential, General Public, School Children Communities In addition to the topics listed in F.4.a. above, the Residential, General Public, and School Children Communities shall be educated on the following topics where applicable: • Public reporting information resources ® Residential and charity car -washing ® Community activities (e.g., "Adopt a Storm Drain, Watershed, or Highway" Programs, citizen monitoring, creek/beach cleanups, environmental protection organization activities, etc.) F.5. Illicit Discharge Detection and Elimination Component Each Copermittee shall implement an Illicit Discharge Detection and Elimination Component containing measures to actively seek and eliminate illicit discharges and connections. At a minimum the Illicit Discharge Detection and Elimination Component shall address: F.5.a Illicit Discharges and Connections F.5.b Dry Weather Analytical Monitoring F.5.c Investigation / Inspection and follow-up F.5.d Elimination of Illicit Discharges and Connections F.5.e Enforce Ordinance F.5.f Prevent and Respond To Sewage Spills (Including from Private Laterals) and Other Spills Tentative Order No. 2001-01 Page 33 of 50 October 11, 2000 C:\Web Development\RWQC139Internet Site\Intemet Documents1StormWater\SDMuniPermit.doc Each Copermittee shall enforce its storm water ordinance for all residential areas and activities as necessary to maintain compliance with this Order. F.4. Education Component Each Copermittee shall implement an Education Component using all media as appropriate to (1) measurably increase the knowledge of the target communities regarding MS4s, impacts of urban runoff on receiving waters, and potential BMP solutions for the target audience; and (2) to measurably change the behavior of target communities and thereby reduce pollutant releases to MS4s and the environment. At a minimum the education component shall address the following target communities: • Municipal Departments and Personnel • Construction Site Owners and Developers • Industrial Owners and Operators • Commercial Owners and Operators • Residential Community, General Public, and School Children • Quasi -Governmental Agencies/Districts (Le., educational institutions, water districts, sanitation districts, etc.) F.4.a. All Target Communities At a minimum the Education Program for each target audience shall contain information on the following topics where applicable: • State and Federal water quality laws • Requirements of local municipal permits and ordinances (e.g., storm water and grading ordinances and permits) • Impacts of urban runoff on receiving waters • Watershed concepts (i.e., stewardship, connection between inland activities and coastal problems, etc.) • Distinction between MS4s and sanitary sewers • Importance of good housekeeping (e.g., sweeping impervious surfaces instead of hosing) • Pollution prevention and safe alternatives • Household hazardous waste collection • Recycling a BMPs: Site specific, structural and source control • BMP maintenance • Non -storm water disposal alternatives (e.g., all wash waters) • Pet and animal waste disposal • Proper solid waste disposal (e.g., garbage, tires, appliances, furniture, vehicles) • Equipment and vehicle maintenance and repair • Public reporting mechanisms • Green waste disposal • Integrated pest management • Native vegetation • Proper disposal of boat and recreational vehicle waste • Traffic reduction, alternative fuel use • Water conservation F.4.b. Municipal, Construction, Industrial, Commercial, and Quasi -Governmental (educational institutions, water districts, sanitation districts, etc.) Communities e�.....c...+........w.:u;�:s.+ww�uu........�.�mava+.....a.uea...,.... Tentative Order No. 2001-01 Page 32 of 50 C:\Web Development\RWQCB9 Internet Site\Internet DecumentslStormWater\SDMuniPermit.doc October 11, 2000 Each Copermittee shall implement a Residential (Existing Development) Component to prevent or reduce pollutants in runoff from all residential land use areas and activities. At a minimum the residential component shall address: F.3.d.(1) F.3.d.(2) F.3.d.(3) F.3.d.(4) Pollution Prevention Threat to Water Quality Prioritization BMP Implementation Enforcement of Residential Areas and Activities F.3.d.(1) Pollution Prevention (Residential) Each Copermittee shall include pollution prevention methods in its Residential (Existing Development) Component and shall encourage their use by all residents. F.3.d.(2) Threat to Water Quality Prioritization (Residential) Each Copermittee shall identify high priority residential areas and activities. At a minimum, these shall include: • Automobile repair and maintenance; • Automobile washing; ® Automobile parking; Home and garden care activities and product use (pesticides, herbicides, and fertilizers); • Disposal of household hazardous waste (e.g., paints, cleaning products); • Disposal of pet waste; • Disposal of green waste; • Any other residential source that the Copermittee determines may contribute a significant pollutant load to the MS4; and • Any residence yibutary to a Clean Water Act section 303(d) impaired water body or other environmentally sensitive area ( as defined in F.1.b.(2)(a)vii of this Order). F.3.d.(3) BMP Implementation (Residential) (a) Each Copermittee shall designate a set of minimum BMPs for high threat to water quality residential areas and activities (as required under section F.3.d.(2)). The designated minimum BMPs for high threat to water quality municipal areas and activities shall be area or activity specific. (b) Each Copermittee shall require implementation of the designated minimum BMPs for high threat to water quality residential areas and activities. If particular minimum BMPs are infeasible for any specific site/source, each Copermittee shall require implementation of other equivalent BMPs. Each Copermittee shall also implement, or require implementation of, any additional BMPs as are necessary to comply with this Order. (c) Each Copermittee shall implement, or require implementation of, any additional controls for residential areas and activities tributary to Clean Water Act Section 303(d) impaired water bodies, coastal lagoons, or other environmentally sensitive areas as necessary to comply with this Order. F.3.d.(4) Enforcement of Residential Areas and Activities (Residential] Tentative Order No. 2001-01 Page 31 of 50 C:\Web Development\RWQCB9 Internet SitetInternet Documents\StormWater\SDMuniPermitdoc October 11, 2000 (g) Automobile (or other vehicle) parking lots and storage facilities; (h) Retail or wholesale fueling; (i) Pest control services; (j) Eating or drinking establishments; (k) Mobile carpet, drape or furniture cleaning; (I) Cement mixing or cutting; (m) Masonry; (n) Painting and coating; (o) Botanical or zoological gardens and exhibits; (p) Landscaping; (q) Nurseries and greenhouses; (r) Golf courses, parks and other recreational areas/facilities; (s) Cemeteries; (t) Pool and fountain cleaning; (u) Marinas; (v) Port -a -Potty servicing; (w) Other commercial sites/sources that the Copermittee determines may contribute a significant pollutant load to the MS4; and (x) Any commercial site or source tributary to a Clean Water Act section 303(d) impaired water body or other environmentally sensitive area (as defined in F.1.b(2)(a)vii of this Order). The use of an automated database system, such as Geographical Information System (GIS) is highly recommended, but not required. F.3.c.(3) BMP Implementation (Commercial) (a) Each Copermittee shall designate a set of minimum BMPs for the high priority threat to water quality commercial sites/sources (listed above in section F.3.c.(2)). The designated minimum BMPs for the high threat to water quality commercial sites/sources shall be site and source specific as appropriate. (b) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs at each high priority threat to water quality commercial site/source within its jurisdiction. If particular minimum BMPs are infeasible for any specific site/source, each Copermittee shall implement, or require the implementation of, other equivalent BMPs. Each Copermittee shall also implement or require any additional site specific BMPs as necessary to comply with this Order. (c) Each Copermittee shall implement, or require implementation of, additional controls for commercial sites tributary to Clean Water Act section 303(d) impaired water bodies, coastal lagoons, or other environmentally sensitive areas as necessary to comply with this Order. F.3.c.(4) Inspection of Commercial Sites and Sources (Commercial) Each Copermittee shall inspect high priority commercial sites and sources as needed. Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. F.3.c.(5) Enforcement of Commercial Sites and Sources (Commercial) Each Copermittee shall enforce its storm water ordinance for all commercial sites and sources as necessary to maintain compliance with this Order. F.3.d. Residential (Existing Development) Tentative Order No. 2001-01 Page 30 of 50 C:\Web DevelopmenttRWQCS9 Internet SiteUnternet Documents1StormW ater\SDMuniPennit.doc October 11, 2000 (d) To the extent that the SDRWQCB has conducted an inspection of a high priority industrial site during a particular year, the requirement for the responsible Copermittee to inspect this site during the same year will be satisfied. F.3.b.(7) Enforcement of Industrial Sites (Industrial) Each Copermittee shall enforce its storm water ordinance at all industrial sites as necessary to maintain compliance with this Order. Copermittee ordinances or other regulatory mechanisms shall include sanctions to ensure compliance. Sanctions shall include for example: Non -monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. F.3.b.(8) Reporting of Non -compliant Sites (Industrial) Each Copermittee shall provide oral notification to the SDRWQCB of non -compliant sites within its jurisdiction within 24 hours of the incidence of noncompliance, as required under section R.1 (and B.7 of Attachment C) of this Order. Such oral notification shall be followed up by a written report to be submitted to the SDRWQCB within 5 days of the incidence of non-compliance as required under section R.1(and B.7 of Attachment C) of this Order. Sites are considered non -compliant when one or more violations of local ordinances, permits, plans, or this Order exist on the site. F.3.c. Commercial (Existing Development) Each Copermittee shall implement a Commercial (Existing Development) Component to reduce pollutants in runoff from commercial sites. At a minimum the commercial component shall address: F.3.c.(1) F.3.c.(2) F.3.c.(3) F.3.c.(4) F.3.c.(5) Pollution Prevention Source Identification BMP Implementation Inspection of Commercial Sites and Sources Enforcement of Commercial Sites and Sources F.3.c.(1) Pollution Prevention (Commercial) Each Copermittee shall implement pollution prevention methods in its Commercial (Existing Development) Component and shall require its use by commerce. F.3.c.(2) Source Identification (Commercial) Each Copermittee shall develop and update annually an inventory of the following high priority threat to water quality commercial sites/sources: (a) Automobile mechanical repair, maintenance, fueling, or cleaning; (b) Airplane mechanical repair, maintenance, fueling, or cleaning; (c) Boat mechanical repair, maintenance, fueling, or cleaning; (d) Equipment repair, maintenance, fueling, or cleaning; (e) Automobile and other vehicle body repair or painting; (f) Mobile automobile or other vehicle washing; Tentative Order No. 2001-01 Page 29 of 50 , October 11, 2000 C:1Web Development RWQCB9 Internet SiteUntemet Documents\StormWater\SDMuniPermitdoc coastal lagoons, or other environmentally sensitive areas as necessary to comply with this Order. F.3.b.(5) Monitoring of Industrial Sites (Industrial) (a) Each Copermittee shall conduct, or require industry to conduct, a monitoring program for runoff from each high threat to water quality industrial site (identified in F.3.b.(3) above). (b) At a minimum, the monitoring program shall provide quantitative data from two storm events per year on the following constituents: i. Any pollutant listed in effluent guidelines subcategories where applicable; ii. Any pollutant for which an effluent limit has been established in an existing NPDES permit for the facility; iii. Oil and grease or Total Organic Carbon (TOC); iv. pH; v. Total suspended solids (TSS); vi. Specific conductance; and vii. Toxic chemicals and other pollutants that are likely to be present in storm water discharges. F.3.b.(6) Inspection of Industrial Sites (Industrial) (a) Each Copermittee shall conduct industrial site inspections for compliance with its ordinances, permits, and this Order. Inspections shall include review of BMP implementation plans. (b) Each Copermittee shall establish inspection frequencies and priorities as determined by the threat to water quality prioritization described in F.3.b.(3) above. Each Copermittee shall inspect high priority industrial sites, at a minimum: Annually OR ii. Bi-annually for any site that the responsible Copermittee certifies in a written statement to the SDRWQCB all of the following (certified statements may be submitted to the SDRWQCB at any time for one or more sites): • Copermittee has record of industrial site's Waste Discharge Identification Number (WDID#) documenting industrial site's coverage under the statewide General Industrial Permit; and • Copermittee has reviewed the industrial site's Storm Water Pollution Prevention Plan (SWPPP); and • Copermittee finds SWPPP to be in compliance with all local ordinances, permits, and plans; and • Copermittee finds that the SWPPP is being properly implemented on site. Each Copermittee shall inspect medium and low threat to water quality industrial sites as needed. (c) Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. Tentative Order No. 2001-01 Page 28 of 50 C:1Web Development\RWQCB9 Internet SiteUntemet Documents1StormWaterlSDMuniPermitdoc October 11, 2000 Each Copermittee shall develop and update annually a watershed -based inventory of all industrial sites within its jurisdiction regardless of site ownership. This requirement is applicable to all industrial sites regardless of whether the industrial site is subject the California statewide General NPDES Permit for Storm Water Discharges Associated With Industrial Activities, Except Construction (hereinafter General Industrial Permit) or other individual NPDES permit. The inventory shall include the following minimum information for each industrial site: name; address; and a narrative description including SIC codes which best reflects the principal products or services provided by each facility. The use of an automated database system, such as Geographical Information System (GIS) is highly recommended, but not required. F.3.b.(3) Threat to Water Quality Prioritization (Industrial) (a) To establish priorities for industrial oversight activities under this Order, the Copermittee shall prioritize each watershed -based inventory in F.3.b.(2) above by threat to water quality and update annually. Each industrial site shall be classified as high, medium, or low threat to water quality. In evaluating threat to water quality each Copermittee shall consider (1) type of industrial activity (SIC Code); (2) materials used in industrial processes; (3) wastes generated; (4) pollutant discharge potential; (5) non -storm water discharges; (6) size of facility; (7) proximity to receiving water bodies; (8) sensitivity of receiving water bodies; (9) whether the industrial site is subject to the statewide General Industrial Permit; and (10) any other relevant factors. (b) At a minimum the high priority industrial sites shall include industrial facilities that are subject to section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA); industrial facilities tributary to a Clean Water Act section 303(d) impaired water body or other environmentally sensitive area (as defined in section F.1.b.(2)(a)vii of this Order); facilities subject to the statewide General Industrial Permit; and all other industrial facilities that the Copermittee determines are contributing significant pollutant loading to its MS4, regardless of whether such facilities are covered under the statewide General Industrial Permit or other NPDES permit. F.3.b.(4) BMP Implementation (Industrial) (a) Each Copermittee shall designate a set of minimum BMPs for high, medium, and low threat to water quality industrial sites (as determined under section F.3.b.(3)). The designated minimum BMPs for high threat to water quality industrial sites shall be industry and site specific as appropriate. (b) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs (based upon the sites threat to water quality rating) at each industrial site within its jurisdiction. If particular minimum BMPs are infeasible at any specific site, each Copermittee shall implement, or require implementation of, other equivalent BMPs. Each Copermittee shall also implement or require any additional site specific BMPs as necessary to comply with this Order including BMPs which are more stringent X- than those required under the statewide General Industrial Permit. (c) Each Copermittee shall implement, or require implementation of, additional controls for industrial sites tributary to Clean Water Act section 303(d) impaired water bodies, Tentative Order No. 2001-01 Page 27 of 50 October 11, 2000 C:1Web DevelopmentlRWQCB9 Internet SitetIntemet DocumentssStormWaterrSDMuniPermit.doc ii. Additional cleaning as necessary between October 1 and April 30 of each year; iii. Record keeping of cleaning and the overall quantity of waste removed; iv. Proper disposal of waste removed pursuant to applicable laws; v. Measures to eliminate waste discharges during MS4 maintenance and cleaning activities. F.3.a.(6) Management of Pesticides. Herbicides, and Fertilizers (Municipal) The Copermittees shall implement BMPs to reduce the contribution of pollutants associated with the application, storage, and disposal of pesticides, herbicides and fertilizers from municipal areas and activities to MS4s. Important municipal areas and activities include municipal facilities, public rights -of -way, parks, recreational facilities, golf courses, cemeteries, botanical or zoological gardens and exhibits, landscaped areas, etc. Such BMPs shall include, at a minimum: (1) educational activities, permits, certifications and other measures for municipal applicators and distributors; (2) integrated pest management measures that rely on non -chemical solutions; (3) the use of native vegetation; (4) schedules for irrigation and chemical application; and (5) the collection and proper disposal of unused pesticides, herbicides, and fertilizers. F.3.a.(7) Inspection of Municipal Areas and Activities (Municipal) At a minimum, each Copermittee shall inspect high priority municipal areas and activities annually. Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. F.3.a.(8) Enforcement of Municipal Areas and Activities (Municipal) Each Copermittee shall enforce its storm water ordinance for all municipal areas and ' activities as necessary to maintain compliance with this Order. F.3.b. Industrial (Existing Development) Each Copermittee shall implement an Industrial (Existing Development) Component to reduce pollutants in runoff from all industrial sites. At a minimum the industrial component shall address: F.3.b.(1) F.3.b.(2) F.3.b.(3) F.3.b.(4) F.3.b.(5) F.3.b.(6) F.3.b.(7) F.3.b.(8) Pollution Prevention Source Identification Threat to Water Quality Prioritization BMP Implementation Monitoring of Industrial Sites Inspection of Industrial Sites Enforcement Measures for Industrial Sites Reporting of Non -compliant Sites F.3.b.(1) Pollution Prevention (Industrial) Each Copermittee shall implement pollution prevention methods in its Industrial (Existing Development) Component and shall require its use by industry. F.3.b.(2) Source Identification (Industrial) Tentative Order No. 2001-01 Page 26 of 50 October 11, 2000 C:1Web Development\RWOCB9 Internet SiteUntemet DocumentssStormWateriSDMuniPermit.doc iii. Areas and activities tributary to a Clean Water Act section 303(d) impaired water body or other environmentally sensitive area (as defined in section F.1.b.(2)(a)vii of this Order). iv. Municipal Waste Facilities. • Active or closed municipal landfills; • Publicly owned treatment works (including water and wastewater treatment plants) and sanitary sewage collection systems; • Municipal separate storm sewer systems; ® Incinerators; • Solid waste transfer facilities; • Land application sites; • Uncontrolled sanitary landfills; ® Corporate yards including maintenance and storage yards for materials, waste, equipment and vehicles; • Sites for disposing and treating sewage sludge; and • Hazardous waste treatment, disposal, and recovery facilities. v. Other municipal areas and activities that the Copermittee determines may contribute a significant pollutant load to the MS4. F.3.a.(4) BMP Implementation (Municipal) (a) Each Copermittee shall designate a set of minimum BMPs for high, medium, and low threat to water quality municipal areas and activities (as determined under section F.3.a.(3)). The designated minimum BMPs for high threat to water quality municipal areas and activities shall be area or activity specific as appropriate. (b) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs (based upon the threat to water quality rating) at each municipal area or activity within its jurisdiction. If particular minimum BMPs are infeasible for any specific area or activity, each Copermittee shall implement, or require implementation of other equivalent BMPs. Each Copermittee shall also implement any additional BMPs as are necessary to comply with this Order. i. Each Copermittee shall evaluate feasibility of retrofitting existing structural flood control devices and retrofit where needed. (c) Each Copermittee shall implement, or require implementation of, any additional controls for municipal areas and activities tributary to Clean Water Act section 303(d) impaired water bodies, coastal lagoons, or other environmentally sensitive areas as necessary to comply with this Order. F.3.a.(5) Maintenance of Municipal Separate Storm Sewer System (Municipal) (a) Each Copermittee shall implement a schedule of maintenance activities at all structural controls designed to reduce pollutant discharges to or from its MS4s and related drainage structures. (b) Each Copemiittee shall implement a schedule of maintenance activities for the municipal separate storm sewer system. (c) The maintenance activities must, at a minimum, include: i. Inspection and removal of accumulated waste (e.g. sediment, trash, debris and other pollutants) between May 1 and September 30 of each year; Tentative Order No. 2001-01 Page 25 of 50 October 11, 2000 C:\Web Development\RWQC89 Internet SiteUntemet Documents\StormWater\SDMuniPermit.doc Each Copermittee shall implement an education program to ensure that project applicants, contractors, developers, property owners, and other responsible parties have an understanding of the topics outlined in section F.2.j.1. above of this Order. F.3. Existing Development Component Each Copermittee shall minimize the short and long-term impacts on receiving water quality from all types of existing development. F.3.a. Municipal (Existing Development) Each Copermittee shall implement a Municipal (Existing Development) Component to prevent or reduce pollutants in runoff from all municipal land use areas and activities. At a minimum the municipal component shall address: F.3.a.(1) F.3.a.(2) F.3.a.(3) F.3.a.(4) F.3.a.(5) F.3.a.(6) F.3.a.(7) F.3.a.(8) Pollution Prevention Source Identification Threat to Water Quality Prioritization BMP Implementation Maintenance of Municipal Separate Storm Sewer System Management of Pesticides, Herbicides, and Fertilizers Inspection of Municipal Areas and Activities Enforcement of Municipal Areas and Activities F.3.a.(1) Pollution Prevention (Municipal) Each Copermittee shall implement pollution prevention methods in its Municipal (Existing Development) Component and shall require its use by appropriate municipal departments and personnel. F.3.a.(2) Source Identification (Municipal) Each Copermittee shall develop, and update annually, a watershed based inventory of the name, address (if applicable), and description of all municipal land use areas and activities which generate pollutants. The use of an automated database system, such as Geographical Information System (GIS) is highly recommended when applicable, but not required. F.3.a.(3) Threat to Water Quality Prioritization (Municipal) (a) To establish priorities for oversight of municipal areas and activities required under this Order, each Copermittee shall prioritize each watershed inventory in F.3.a.2. above by threat to water quality and update annually. Each municipal area and activity shall be classified as high, medium, or low threat to water quality. In evaluating threat to water quality, each Copermittee shall consider (1) type of municipal area or activity; (2) materials used; (3) wastes generated; (4) pollutant discharge potential; (5) non -storm water discharges; (6) size of facility or area; (7) proximity to receiving water bodies; (8) sensitivity of receiving water bodies; and (9) any other relevant factors. (b) At a minimum, the high priority municipal areas and activities shall include the following: i. Roads, Streets, Highways, and Parking Facilities. ii. Flood Management Projects and Flood Control Devices. Tentative Order No. 2001-01 Page 24 of 50 October 11, 2000 C:\Web DevelopmenttRWQCB9 Internet Site.Intemet DocumentssStormWater\SDMuniPermitdoc i. Copermittee has record of construction site's Waste Discharge Identification Number (WDID#) documenting construction site's coverage under the statewide General Construction Permit; and ii. Copermittee has reviewed the constructions site's Storm Water Pollution Prevention Plan (SWPPP); and iii. Copermittee finds SWPPP to be in compliance with all local ordinances, permits, and plans; and iv. Copermittee finds that the SWPPP is being properly implemented on site. At a minimum, Medium and Low Priority construction sites shall be inspected by Copermittees twice during the wet season. All construction sites shall be inspected by the Copermittees as needed during the dry season (i.e., May 1 through September 30 of each year). (3) Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. F.2.h. Enforcement of Construction Sites (Construction) Each Copermittee shall enforce its ordinances (grading, storm water, etc.) and permits (construction, grading, etc.) at all construction sites as necessary to maintain compliance with this Order. Copermittee ordinances or other regulatory mechanisms shall include sanctions to ensure compliance. Sanctions shall include for example: Non -monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. F.2.i. Reporting of Non -compliant Sites (Construction) Each Copermittee shall provide oral notification to the SDRWQCB of non -compliant sites within its jurisdiction within 24 hours of the incidence of noncompliance, as required under section R.1 (and B.7 of Attachment C) of this Order. Such oral notification shall be followed up by a written report to be submitted to the SDRWQCB within 5 days of the incidence of non- compliance as required under section R.1 (and B.7 of Attachment C) of this Order. Sites are considered non -compliant when one or more violations of local ordinances, permits, plans, or this Order exist on the site. F.2.j. Education Focused on Construction Activities (Construction) (1) Internal: Municipal Staff Each Copermittee shall implement an education program to ensure that its construction, building, and grading review staffs and inspectors have an understanding of: (a) Federal, state, and local water quality laws and regulations applicable to construction and grading activities. (b) The connection between construction activities and water quality impacts (i.e., impacts from land development and urbanization). (c) How erosion can be prevented. (d) How impacts to receiving water quality resulting from construction activities can be minimized (i.e., through implementation of various source control and structural BMPs). (e) Applicable topics listed in section F.4. of this Order. (2) External: Project Applicants, Contractors, Developers, Property Owners, and other Responsible Parties Tentative Order No. 2001-01 Page 23 of 50 C:\Web Development\RWQCB9 Internet SiteUntemet DocumentssStormWaterlSDMunIPermit.doc October 11, 2000 to water quality. Each construction site shall be classified as high, medium, or low threat to water quality. In evaluating threat to water quality each Copermittee shall consider (1) soil erosion potential; (2) site slope; (3) project size and type; (4) sensitivity of receiving water bodies; (5) proximity to receiving water bodies; (6) non -storm water discharges; and (7) any other relevant factors. (2) A high priority construction site shall at a minimum be defined as a site meeting any one of the following criteria or equivalent criteria: (a) 50 acres or more; (b) Grading will occur during the wet season; (c) Highly erosive soils; (d) Hillside development and (e) Tributary to a Clean Water Act section 303(d) impaired water body or other environmentally sensitive area (as defined in section F.1.b.(2)(a)vii of this Order). F.2.f. BMP Implementation (Construction) (1) Each Copermittee shall designate a set of minimum BMPs for high, medium, and low threat to water quality construction sites (as determined under section F.2.e). BMPs are to be implemented year round. (2) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs (based upon the site's threat to water quality rating) at each construction site within its jurisdiction year round. If particular minimum BMPs are infeasible at any specific site, each Copermittee shall implement, or require the implementation of, other equivalent BMPs. Each Copermittee shall also implement or require any additional site specific BMPs as necessary to comply with this Order, induding BMPs which are more stringent than those required under the statewide General Construction Permit (3) Each Copermittee shall implement, or require the implementation of, BMPs year round; however, BMP implementation requirements can vary based on wet and dry seasons. (4) Each Copermittee shall implement, or require implementation of, additional controls for construction sites tributary to Clean Water Act section 303(d) impaired water bodies, coastal lagoons, or other environmentally sensitive areas as necessary to comply with this Order. F.2.g. Inspection of Construction Sites (Construction) (1) Each Copermittee shall conduct construction site inspections for compliance with its ordinances (grading, storm water, etc.), permits (construction, grading, etc.), and this Order. Inspections shall include review of site erosion control and BMP implementation plans. (2) Each Copermittee shall establish inspection frequencies and priorities as determined by the threat to water quality prioritization described in F.2.e above. During the wet season (i.e., October 1 through April 30 of each year), each Copermittee shall inspect, at a minimum, each High Priority construction site, either: (a) Weekly OR (b) Monthly for any site that the responsible Copermittee certifies in a written statement to the SDRWQCB all of the following (certified statements may be submitted to the SDRWQCB at any time for one or more sites): Tentative Order No. 2001-01 Page 22 of 50 C:\Web Development\RWQC69 Internet SiteUntemet Documents\StormWater1SDMuniPermit.doc October 11, 2000 F.2.c Modify Construction and Grading Approval Process (Construction) Prior to approval and issuance of local construction and grading permits, each Copermittee shall review all individual proposed construction and grading plans and require measures to ensure that pollutants from the site will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality objectives. Each Copermittee shall further ensure that all grading and construction activities will be in compliance with applicable Copermittee ordinances (e.g., storm water, grading, construction, etc.) and other applicable requirements, induding this Order. (1) Conditions of Approval Include conditions of approval in local grading and construction permits to ensure that pollutant discharges are reduced to the maximum extent practicable and water quality objectives are not violated during the construction phase. Such conditions shall indude for example: (a) Require project proponent to develop and implement a plan to manage storm water and non -storm water discharges from the site at all times; (b) Require project proponent to coincide grading with seasonal dry weather periods; (c) Require project proponent to emphasize erosion prevention as the most important measure for keeping sediment on site during construction; (d) Require project proponent to utilize sediment controls as a supplement to erosion prevention for keeping sediment on -site during construction, and never as the single or primary method; (e) Require project proponent to minimize areas that are cleared and graded to only the portion of the site that is necessary for construction; (f) Require project proponent to minimize exposure time of disturbed soil areas; (g) Require project proponent to temporarily stabilize and reseed disturbed soil areas as rapidly as possible; (h) Require project proponent to permanently revegetate or landscape as early as feasible; (i) Require project proponent to stabilize all slopes; and (j) Require project proponents subject to California's statewide General NPDES Permit for Storm Water Discharges Associated With Construction Activities, (hereinafter General Construction Permit), to provide evidence of existing coverage under the General Construction Permit. F.2.d. Source Identification (Construction) Each Copermittee shall annually develop and update, prior to the rainy season, a watershed based inventory of all construction sites within its jurisdiction regardless of site size or ownership. This requirement is applicable to all construction sites regardless of whether the construction site is subject to the Califomia statewide General NPDES Permit for Storm Water Discharges Associated With Construction Activities (hereinafter General Construction Permit), or other individual NPDES permit. The use of an automated database system, such as Geographical Information System (GIS) is highly recommended, but not required. F.2.e. Threat to Water Quality Prioritization (Construction) (1) To establish priorities for construction oversight activities under this Order, the Copermittee shall prioritize its watershed -based inventory (developed pursuant to F.2.d. above) by threat Tentative Order No. 2001-01 Page 21. of 50 C:\Web Development RW QCB9 Internet SiteUntemet DocumentssStormWatertSDMuniPennit.doc October 11, 2000 (c) How impacts to receiving water quality resulting from development can be minimized (i.e., through implementation of various source control and structural BMPs). (2) External: Project Applicants, Developers, Contractors, Property Owners As early in the planning and development process as possible, each Copermittee shall implement a program to educate project applicants, developers, contractors and property owners on the following topics: (a) Federal, state, and local water quality laws and regulations applicable to development projects; (b) Required federal, state, and local permits pertaining to water quality; (c) Water quality impacts of urbanization; and (d) Methods for minimizing the impacts of development on receiving water quality. F.2. Construction Component Each Copermittee shall implement a Construction Component of its Jurisdictional URMP to reduce pollutants in runoff from construction sites during all construction phases. At a minimum the construction component shall address: F.2.a. Pollution Prevention F.2.b. Grading Ordinance Update F.2.c. Modify Construction and Grading Approval Process F.2.d. Source Identification F.2.e. Threat to Water Quality Prioritization F.2.f. BMP Implementation F.2.g. Inspection of Construction Sites F.2.h. Enforcement of Construction Sites F.2.i. Reporting of Non -compliant Sites F.2.j. Education Focused on Construction Activities F.2.a. Pollution Prevention (Construction) Each Copermittee shall implement pollution prevention methods in its Construction Component and shall require its use by construction site owners, developers, contractors, and other responsible parties. F.2.b. Grading Ordinance Update (Construction) Each Copermittee shall review and update its grading ordinances as necessary for compliance with its storm water ordinances and this Order. The updated grading ordinance shall require pollution prevention, source control, and structural treatment BMPs to be implemented during all construction activities, including for example: (1) Erosion prevention; (2) Seasonal restrictions on grading; (3) Slope stabilization requirements; (4) Phased grading; (5) Revegetation as early as feasible; (6) Preservation of natural hydrologic features; (7) Preservation of riparian buffers and corridors; (8) Maintenance of all source control and structural treatment BMPs; and (9) Retention of sediment and other construction pollutants on site. Tentative Order No. 2001-01 Page 20 of 50 C:1Web Development\RWQCB9 Internet SitetIntemet DocumentssStormWater1SDMuniPennitdoc viii. Infiltration structural treatment BMPs shall not be used for areas of industrial or light industrial activity, areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as designated by each Copermittee. ix. Infiltration structural BMPs shall be located a minimum of 100 feet horizontally from any water supply wells. October 11, 2000 F.1.c. Revise Environmental Review Processes Includinu CEQA Checklists (1) Revise current environmental review processes and California Environmental Quality Act (CEQA) initial study checklists to include requirements for evaluation of water quality effects and identification of appropriate mitigation measures. The CEQA initial study checklist shasuch include questions addressing increased pollutants and flows from the proposed project as: (a) Would the proposed project result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen -demanding substances, and trash). (b) Would the proposed project result in significant alteration of receiving water quality during or following construction? (c) Would the proposed project result in increased impervious surfaces and associated increased runoff? (d) Would the proposed project create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? (e) Would the proposed project result in increased erosion downstream? (f) Is the project tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, will it result in an increase in any pollutant for which the water body is already impaired? (g) Is project tributary to other environmentally sensitive areas? If so, will it exacerbate already existing sensitive conditions? (h) Would the proposed project have a potentially significant environmental impact on surface water quality, to either marine, fresh, or wetland waters? (i) Would the proposed project have a potentially significant adverse impact on ground water quality? (j) Will the proposed project cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? (k) Will the project impact aquatic, wetland, or riparian habitat? F.1.d. Conduct Education Efforts Focused on New Development and Redevelopment (1) Internal: Municipal Staff Each Copermittee shall implement an education program to ensure that its planning and development review staffs have an understanding of: (a) Federal, state, and local water quality laws and regulations applicable to development projects; (b) The connection between land use decisions and short and long-term water quality impacts (i.e., impacts from land development and urbanization); and Tentative Order No. 2001-01 Page 19 of 50 October 11, 2000 C:4Web DevelopmentlRWQCB9 Internet SiteUntemet DocumentssStormWater\SDMuniPennit.doc identify at what point in the planning process development projects will be required to meet SUSMP requirements. The process shall also include identification of the roles and responsibilities of various municipal departments in implementing the SUSMP requirements, as well as any other measures necessary for the implementation of SUSMP requirements. (g) Restaurants Less than 5,000 Square Feet - New development and significant redevelopment restaurant projects where the land area development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirement F.1.b.(2)(c) above. A restaurant is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812). (h) Waiver Provision — A Copermittee may provide for a project to be waived from the requirement of implementing structural treatment BMPs (F.1.b.(2)(c)) if infeasibility can be established. A waiver of infeasibility shall only be granted by a Copermittee when all available structural treatment BMPs have been considered and rejected as infeasible. Copermittees shall notify the SDRWQCB within 5 days of each waiver issued and shall include the name of the person granting each waiver. As part of the model SUSMP, the Copermittees shall develop a program to require project proponents who have received waivers to transfer the savings in cost, as determined by the Copermittee(s), to a storm water mitigation fund. This program shall be implemented by all Copermittees which choose to provide waivers. Funds shall only be used on projects to improve urban runoff quality within the watershed of the waived project. The waiver program shall, at a minimum, identify: The entity or entities that will manage the storm water mitigation fund (i.e., ° assume full responsibility for) ii. The range and types of acceptable projects for which mitigation funds may be expended; iii. The entity or entities that will assume full responsibility for each mitigation project including its successful completion iv. How the dollar amount of fund contributions will be determined. (i) Infiltration and Groundwater Protection — At a minimum, use of infiltration structural treatment BMPs shall meet the following conditions: Use of infiltration structural treatment BMPs shall not cause or contribute to an exceedance of groundwater water quality objectives. ii. Urban runoff shall undergo pretreatment such as sedimentation or filtration prior to infiltration. iii. All dry weather flows shall be diverted from infiltration devices. iv. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration structural treatment BMPs are to be used. v. Infiltration structural treatment BMPs shall be adequately maintained to maximize pollutant removal capabilities. vi. The vertical distance from the base of any infiltration structural treatment BMP to the seasonal high groundwater mark shall be at least 10 feet. vii. The soil through which infiltration is to occur shall have physical and chemical characteristics (such as appropriate cation exchange capacity, organic content, day content, and infiltration rate) which are adequate for proper infiltration durations and treatment of urban runoff for the protection of groundwater beneficial uses. H-200 (9/80) STAFF RECOMMENDATION Approve Adjustment BOARD I COMMISSION RECOMMENDATION N/A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 AGENDA ITEM NO. 17 ITEM TITLE ADJUSTMENTS TO COMMAND STAFF SPAN OF CONTROL PREPARED BY Skip DiCerchio EXPLANATION Chief of Police EPARTMENT Police Department The police department is in need of adjustments to increase efficiency, reduce span of control and increase accountability. This can be accomplished by adding one captain for field operations. The command staff of the police department would then consist of one chief of police, one captain managing administrative support, support services, investigations and internal affairs, and one captain managing patrol, traffic, community services and operations support, both reporting to the Chief of Police. The lieutenants' positions will remain in place. The current span of control is far too broad to be efficient. The police chief is now the second line supervisor to uniform sergeants. Currently the Chief cannot be the appeal hearing officer, in many disciplinary matters, because he takes part in the issuing process. This type of inefficiency will be eliminated with the addition of one captain, which is long overdue. Environmental Review Financial Statement X NIA Funding is available in the police department's current salaries budget due to unfilled vacancies during the first half of the fiscal year. 001-411-000-101 yAc unt No. ATTACHMENTS ( Listed Below) Resolution No. 1. Organizational Review — Personnel Department 2. Memo to the City Manager, dated October 26, 2000 d Proposed Organizational Charts City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE December 22, 2000 TO Skip DiCerchio, Chief of Police FROM Roger C. DeFratis, Perso Dvior L SUBJECT ORGANIZAT ONAL REVIEW As requested, I have reviewed the Police Department's current organizational structure and have found some areas of concern. Over the last several years, the number of police safety personnel and programs have increased significantly due to grants and Council priorities, however, the number of true management safety employees is still only two —the Chief of Police and one Police Captain. The absence of one or both of these managers for any extended period would necessitate that some of the decision making be placed at the Lieutenant level. Not only would this situation create a labor issue of working out -of -class, but also decisions at this level would be suspect from influence from the labor group and not based solely in the best interests of the City and the department. In the current organization, even when both managers are present, it appears that the Police Chiefs time is underutilized providing time consuming ordinary supervision of line functions, rather than devoting all his time to setting policies, community relations, administering and controlling the budget, decision making, and resolving critical problems. This is a case of being too close to the trees to see the forest. It makes it very difficult to be perceived as a fair arbitrator in grievances and discipline, promotions, etc., when he is so closely involved. The Chief needs the big picture, and separation from day-to-day minutiae. Recommendations: Create another management position, possibly another Captain, in the Police Department to assume the day-to-day supervision and administration of the rank and file. The Chief would then only directly supervise the two Captains, who in turn would direct, supervise, and manage the two major functions in the department. RCD:vr ® Recycled Paper City of National City Police Department SKIP DiCERCHIO, CHIEF OF POLICE October 26, 2000 TO: Tom McCabe City Manager FROM: Skip DiCerchio (Y Chief of Police SUBJECT: Police Department Reorganization OBJECTIVE: The police department is in need of reorganization to increase efficiency, reduce span of control and increase accountability. This can be accomplished by adding one captain for field operations . The command staff of the police department would then consist of one chief of police, one captain managing administrative support, support services, investigations and internal affairs, and one captain managing patrol, traffic, community services and operations support, both reporting to the Chief of Police. The five lieutenant positions will remain in place. In reality, I am purposing adding one captain to the department as the current captain now acts in the assistant chief position. HISTORY: When the current chief was appointed, there -was one captain and six lieutenants on the senior staff. All lieutenants reported to the captain. This was cumbersome and the span of control was too large. It also required that all information to the police chief be filtered through one person. Shortly after the current chief was appointed, the captain's position was unexpectedly vacated. This made it necessary for all managers and lieutenants to report directly to the chief of police. Although the situation was a bit overwhelming, it was an opportunity for the new chief to get a handle on all operations within the department and familiarize himself with the inner workings of the organization. At that point, the newly promoted captain was placed in ® Recycled Paper 1200 National City Boulevard National City, CA 91950 (619) 336-4511 Tom McCabe, City Manager Re: Police Department Reorganization October 26, 2000 charge of administrative services. The operations of the police department still report directly to the chief of police. This is an undesirable situation because there is no one between the lieutenants and the chief. The chief of police must deal with very minor matters because he finds himself as the second line supervisor to patrol and investigative sergeants. A very serious problem exists in this situation because the chief of police cannot be the appeal hearing officer if he takes part in the issuing of discipline. POLICE DEPARTMENT City Manager Police Chief F.Y. 2000-2001 1 Executive Assistant II Chief of Police CURRENT Team 1 Commander 1 Lieutenant Day Watch Patrol 2 Sergeants 2 Senior Police Officers 10 Police Officers Traffic 1 Sergeant 2 Senior Police Officers 1 Administrative Secretary 1 PSO (parking enforcement) Patrol Administration/ Animal Control 1 Sergeant I Senior Police Officer (desk) 2 ARO 3 Crime Scene Specialists Team II Commander I Lieutenant Night Watch Patrol 4 Sergeants 4 Senior Police Officers 19 Police Officers Neighborhood Policing In 2 Sergeant 8 Police Officers Explorer Scout Program 17 Explorers Team III Commander 1 Lieutenant Core Investigations 1 Sergeant 10 Senior Police Officers 2 Senior Office Assistants Narcotics Task Force 1 Police Officer J.U.D.O.E. 1 Police Officer RAT.T. 1 Senior Police Officer Border Alliance I Senior Police Officer Crime Analysis Unit I Crime Analyst Property & Evidence 1 Prop. & Evid. Supervisor 1 Prop. & Evid. Specialist 1 PSO .5 Student Worker .5 Student Worker 1 Captain 1 Operations Assistant Operations Support 1 Lieutenant Community Services/ RSVP (Retired Senior Volunteer Program) 1 Sergeant 4 Police Officers (2 School Liaison, 1 JOG/DARE, 1 School Drug Officer) 12 Senior Volunteers Reserve Administration I Commander 1 Lieutenant 4 Sergeants 10 Police Officers Support Services I Support Services Manager Communications 1 Senior Police Dispatcher 9 Dispatchers .5 Part-time Dispatcher Records 1 Records Manager 4 Senior Office Assistants .5 Senior Office Assistant Administration Support 1 Lieutenant 1 Alarm Program Coordinator Internal Affairs/ Training/ Backgrounds/ Hiring & Recruitment 1 Sergeant 1 Police Officer 1 Personnel & Training Assistant POLICE DEPARTMENT City Manager PROPOSED 1 Executive Assistant II Chief of Police 1 Operations Assistant Administration Support 1 Lieutenant 1 Alarm Program Coordinator Internal Affairs/ Training/ Backgrounds/ Hiring & Recruitment I Sergeant 1 Police Officer 1 Personnel & Training Assistant Support Services 1 Support Services Manager Communications 1 Senior Police Dispatcher 9 Dispatchers .5 Part-time Dispatcher Investigations Commander 1 Lieutenant Core Investigations 1 Sergeant 10 Senior Police Officers 2 Senior Office Assistants Records 1 Records Manager 4 Senior Office Assistants .5 Senior Office Assistant Narcotics Task Force 1 Police Officer J.U.D.O.E. 1 Police Officer R.A.T.T. 1 Senior Police Officer Border Alliance I Senior Police Officer Crime Analysis Unit 1 Crime Analyst Property & Evidence 1 Prop. & Evid. Supervisor 1 Prop. & Evid. Specialist 1 PSO .5 Student Worker .5 Student Worker JANUARY 2001 Field Operations Div. Commander 1 Captain Team 1 Commander 1 Lieutenant Day Watch Patrol 2 Sergeants 2 Senior Police Officers 10 Police Officers Traffic 1 Sergeant 2 Senior Police Officers 1 Administrative Secretary 1 PSO (parking enforcement) Patrol Administration/ Animal Control 1 Sergeant 1 Senior Police Officer (desk) 2 ARO 3 Crime Scene Specialists Team H Commander 1 Lieutenant Night Watch Patrol 4 Sergeants 4 Senior Police Officers 19 Police Officers Neighborhood Policing Team 2 Sergeant 8 Police Officers Explorer Scout Program 17 Exp orers Operations Support 1 Lieutenant Community Services/ RSVP (Retired Senior Volunteer roa,am) 1 Sergeant 4 Police Officers (2 School Liaison, 1 JOG/DARE, 1 School Drug Officer) 12 Senior Volunteers Reserve Administration 1 Commander 1 Lieutenant 4 Sergeants 10 Police Officers City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 AGENDA ITEM NO. 18 ITEM TITLE NOTICE OF DECISION — APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A BOARDINGHOUSE AT 1009 E. 8r'' STREET (APPLICANT: MONN DELROSARIO) (CASE FILE NOS.: CUP-2000-21) PREPARED BY Jon Cain - Associate Pl DEPARTMENT Planning EXPLANATION This project proposes to legalize a boardinghouse that has been converted from a dwelling without permits. The 2,160 square foot, two-story structure would have five bedrooms/guestrooms, two bathrooms, and a common living room, kitchen and dining area. The applicant proposes to allow one person per room. No resident manager is proposed for the facility, and meals would not be provided. The property is located in a General Commercial (CG) zone, although the neighboring properties are all residential. The property has been the subject of code enforcement and Building Department enforcement action due to Building Code, Housing Code, and Health and Safety Code violations. Based on the history of violations on the property, it is questionable whether the use would be maintained in compliance with CUP conditions. During a December inspection, bunk beds or multiple beds were present in some of the rooms. The lack of an on -site manager is also a concern, along with the reduction of the housing stock caused by converting the single-family home. At the Planning Commission public hearings, citizens voiced concerns regarding the poor appearance of the property and the lack of a resident family for the boardinghouse. After discussion, the Planning Commission voted to approve the project with the added conditions that tenants rent at least month -to -month, that a sign with the manager's phone number be posted, and that City inspections of common areas be allowed at will. Environmental Review N/A a egorc xemp ion Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the item be set for hearing. BOARD / COMMISSION RECOMMENDATION F cfP The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Parra, Godshalk, Valderrama, Baca, Martinelli, Detzer O ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 29-2000 2. Location Map Resolution No. a -zoo (9 99( RESOLUTION NO. 29-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A BOARDINGHOUSE AT 1009 E. 8TH STREET. APPLICANT: MONN DELROSARIO. CASE FILE NO. CUP-2000-21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow a boardinghouse at 1009 E. 8th Street at a duly advertised public hearing held on November 20, 2000, and continued to the meeting of December 4, 2000 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2000-21 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on November 20 and December 4, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be completely contained within an existing structure on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is located on an arterial street and is not substantially more intense than the existing use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be residential in appearance and will be conditioned to have an attractive appearance. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide needed housing opportunities. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, Mechanical, and the California Title 24 Handicapped and Energy regulations. 2. All exterior electrical wiring shall be enclosed in a chase or located within building walls. 3. Smoke detectors shall be installed in all sleeping rooms and hallways leading to them. All cooking and cooking equipment shall be located in the kitchen. Cooking on hotplates, stoves, microwaves, etc. is prohibited in guest rooms. 4. An exterior stairway shall be provided to comply with Fire Department requirements. 5. Approximately 90' of standard gutters shall be provided in accordance with City standards. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and for any grading construction on private property. 7. Street improvements along property frontages shall be kept free from weed growth. Existing weeds in the sidewalk and pavement area along the sidewalks and fences shall be removed. 8. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 9. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 10. This Conditional Use Permit authorizes the use of the property as a five -bedroom boardinghouse with a maximum occupancy of one person per bedroom. All plans submitted for permits associated with the facility shall conform with Exhibits A -Revised and B, CUP-2000-21, dated 11/2/2000, except as modified by conditions of approval 11. The property shall be vacated within 30 days after approval of the Conditional Use Permit. The property shall not be occupied until all Building Code and Health and Safety Code violations have been corrected and improvements required to comply with the conditions of this permit are completed. 12. The parking are must be redesigned to comply with Code requirements and new plans submitted for approval of the Planning Director. Parking spaces shall not be located in the setback areas and all parking spaces shall comply with minimum size and aisle width requirements. 13. A detailed landscape and irrigation plan shall be submitted that includes plant types, method of planting, etc. The landscape plan shall include the removal of weeds in yard and parkway areas and shall show landscaping in all required setback areas; a minimum three- foot wide landscape strip around the home; and a minimum three-foot wide landscape strip along the north and east property lines, except for areas adjacent to existing drive aprons. 14. The exterior of the home shall have an appearance in compliance with Design Guidelines, which may include wood shingles on the second floor and shiplap wood siding on the first floor with stucco accent features at the porch area. Exterior plywood shall be removed and replaced with materials that match the remainder of the home. Any siding in disrepair shall be repaired or replaced. The home shall be painted to have a neutral color scheme such as brown with white trim, or as approved by Planning Department staff for compatibility with the neighborhood. 15. Rooms shall be rented for no less than month -to -month occupancy. Daily or weekly rentals shall not be permitted. 16. A small sign with the name and phone number of the off -site manager shall be posted on the property. The sign shall be subject to Planning Department review. 17. The property owner shall allow the City to conduct inspections of the common areas of the facility at will. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 18, 2000, by the following vote: AYES: Parra, Godshalk, Valderrama, Baca, Martinelli, Detzer. NAYS: Ungab ABSENT: ABSTAIN: CHAIRMAN �10 715 rtl 1010 I I 1 CL ilt%** A PROJECT LOCATION ZONE BOUNDARIES LOCATION MAP 1009 E. 8th St CUP-2000-21 NATIONAL CITY PLANNING DRN. DATE: 11/6/00 INITIAL HEARING: 11 /20/00 -3-PD MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January A, 2001 AGENDA ITEM NO. 1-ITEM TITLE Request to Use the Community Center by the National School District and Waiver of Fees PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION By the attached letter, the National School District is requesting use of the North Room of the Community Building on Wednesday January 17, 2001 from 8:00 a.m. to 4:00 p.m., Friday January 19, 2001 from 8:00 a.m. to 4:00 p.m., and the South Room on Thursday January 18, 2001 from 8:00 a.m. to 4:00 p.m. The School District will be using the Center for focus group interviews related to a classification study. They are expecting a total number of 50 people. Cost: Building: $1243.00 Custodian 323.93 Total: $1566.93 The School District is also asking for waiver of fees. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center", however it would take the approval of the City Council to waive the fees. Environmental Review X N/A Financial Statement Loss of $1566.93 if waiver of fe- approved. /STAFF RECOMMENDATI + N Council decision on use of nity Center and}fuver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for use of the Community Center National School District letter dated January 9, 2001 Account No. Resolution No. A-200 (9/80) JAN-09-2001 TUE 12:07 PM National School Dist. HR 619 336 7521 P. 03 Jan-O9-01 11:O9A P.02 APPLICATION FOR USE OF TILE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend die City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council Please refer to the attached copy of "Rules and Regulations." Name ol'Qrganiiattion r.t ply o 441 ScA o0 Business Address ... / S" O® ,hl. 4 t/s'i! W p Name of Applicam Ely") 44 , cR M.Q Stl re35 Address c..a AM. e Telephone Number(0g4)3$b..?7.d..1 (day) ( ) (evening) Type of Function Zti#E.e°eh'ef.4js t_.d. Alt SLr' 'r r'n t Ssirdie Date Requested `�"a r c. I y ��r�t0l!1 fj act O I Decorating 'rime (am/pm) to (am/pm) Function Time _le a v (Mrrt/pm) Use of Kitchen Facility .._._. __ yes X no Use Time (am/pm) to .- (am/pm) Cican-up (am/pm) to (am/pm) Number Of Participants _ SZ) ,_ Will Admission he charged? // n ?cm, Amount $ Will this event be used as a fund raising event? t7a Will alcohol be served? /1 0 ABC Permit Submitted? Certificate of Insurance attached'? an _4'1i , Special configuration of tables or chairs required? (if ycss, attach sketch) Special equipment required? ((ryes. attached list) Copy of Rules & Regulations provided? Fes. Tnitiul / T CERTIFY THAT T HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City `.s facility may create a pas.sessory interest .sulyeet to property taxation and that Applicant may he subject to the payment of properly taxes levied cm such interest. Applicant further tlgrear to pay any and oil property taxes, if any assessed during the use of the City a frailty pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's pocra.snry interest in the City r facility. i/-/, $i r aeure o pplicant sf f Pate. JAN-09-2001 TUE 12:08 P1i National School Dist. RR 619 336 7521 P. 05 Jane-09-01 11:09A CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFZCATION AGREEMENT Persons requesting use of City property, facilities or persotutel are required 10 provide a minitnutn of $1,000,000 combined single limit insurance fur bodily injury and property damage which includes the. City, its officials. agents and employees warned as additional insured and to sign the Hold Harmless Agreement, Certificate of Insurance must be attached to this permit. Organization Perstm is charge of activity C.Y-t6 �, A- Re Cq.5 Address l,SQ o lri 4Q _ I l/U. C. Tc cphone ,3 3L, - 7 7. - / City facilities and/or property requested Cc.' r„ t ,.0.1 u/7/' 1 Ph../ r' f d r` v Dat4s) of use isaIr.eay_a£.,;/ / f 0200 .(.. . HOLD HARMLESS AGRELMENT The undersigned hereby egree(s) to hold the City of National City harmless and indemnify t c 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 permittce's agents, employees or contractors. Signature of Applicant Official Title Date Certificate of Insurance Approved by Name & Title Rev. I /21 /Qt3 2 P.03 JAN-09-2001 TUE 12:07 PM National School Dist. HR 619 336 7521 P. 02 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL. CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 January 9, 2001 Mr. Burt Myers Acting Public Works Director 2100 Hoover Avenue National City, CA 91950 Dear Mr. Myers: I am submitting this letter to request the use of the National City Community Building on ranuary 17,18, and 19, 2001, from 8:00 a.m. to 4:00 p.m. We request that the fee be waived. The National School District will use the building for focus group interviews related to a classification study. Due to unforeseen situations our request is short notice. I apologize and I appreciate your kind attention to this matter. If you have any questions, please feel free to call my assistant, Maria Della, or me at 336- 7721. Thank you very much for assisting in this matter. We look forward to hearing from you regarding the City Council's approval of our request. Sincerely, Cynthia A. Mesaros Assistant Superintendent —Human Resources CAM:md BOARD MEMBERS: ROSAUE "ROSIE ALVARADO; ANNE L CAMPBELL; ALMA GRAHAM; JAMES GRIER. JR.; FRANC PEREZ DISTRICT SUPERINTENDENT: (GORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT -EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.O. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS City of National City ITI M # f Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 OFF AGENDA ITEM JANUARY 9, 2001 SUBJECT: TUP Application Approval EVENT: Used Vehicle Tent Sale SPONSORS: McCune Chrysler Plymouth Jeep DATES: January 12 —14, 2001 HOURS: 9 a.m. until 7 p.m. STAFF RECOMMENDATION: Approve the TUP application subject to compliance with all conditions of approval. Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — McCUNE-CHRYSLER-PLYMOUTH-JEEP USED VEHICLE TENT SALE PREPARED BY DEPARTMENT Kathleen Trees, I irector EXPLANATION Building and Safety This is a request from McCune -Chrysler -Plymouth -Jeep to conduct a three day used vehicle tent sale on Lot 2 at the Plaza Bonita Shopping Center, from Friday January 12 — Sunday January 14, 2001. The hours of the sale are 9:00 a.m. until 7:00 p.m. D.J music will be provided as entertainment from 10:00 a.m. until 6:00 p.m. Environmental Review XN/A Financial Statement Approved By: The City has incurred $115.00 in costs in processing the T.U.P. application through volitii'Qity Departments. STAFF RECOMMENDATION Account No. N/A 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 conditions of approval A-200 (9:99) Type of Event: _ Public Concert _ Fair _ Festival _ Community Event _ Parade _ Demonstration _ Circus _ Block Party _ Motion Picture , _Grand Opening ,Other 0 Event Title: (i/14A/[/n Event Location: 9 ' ^/ / Event Date(s): From-Jt %? to Jam-14- Total Anticipated Attendance: Month/Day/Year lc� Participants) ('J/ Spectators) Actual Event Hours: a pm to 7 Setup/assembly/construction Date; - / 3 Start timed -- fC} — / 0 Please JUI/ C\l/�r describe the scope oof/�your �'/� p/assembly work (speciifficcydetails): % f Al/&6- 47a %,77A1 4/ (V 9 reajCwi Dismantle Date —Jr —iv— (..S Completion Time: 62 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Ai/A Sponsoring Organization: VC ,v(- ( gt -LJ6 K For Profit _ Not -for -Profit Chief Officer of Organization (Name) (.0 E �L- krvi Applicant (Name): C,nOf SLr% `'(ELT " " /� 7� Address: 0 f v't I CN A l err r I �'SCV b/ N• 0 i OA 9161a) Daytime Phone: (ICI D 477 ((0! Evening Phone: ( ) e Fax: 474 S� 0 r.1 I� CI E-4-O5 ICI Contact Person "on site" day of the event: Pager ellular: Cp (� — V l 4 D 7_( NOTE: THIS PERSON MUST BE IN AT'F'NDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CI1`Y;OFFICIALS 1 Is your organization a `Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO _ YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ / PO O Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinen informati about the ent. ,t/2446 ( A; C � r r `.IJ L OV 774 b-1 (660 2 _ YES NO Does the event involve the sale or use of alcoholic beverages? XYES _ NO Will items or services be`sold at the event? If yes, please describe: akeS — UGAS - �UV S _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas I Please describe how food will be served at the event: / \/ If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: �-- (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above D. Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: f � i _(_ i5 PCB..- f►s Pt_ C 3 Please describe your procedures for both Crowd Control and Internal Security: —ECU r° i TLC_ iAi 0 g-14-- Mu YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES , NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Pieperindicate wh§t arrangement you have ade for prove ng First Aid Staffing and Equipment. r--t t R . Please describe your Accessibility Plan for access at your event by individuals with disabilities: Np �ctCTldr)c . Please rovide a de iled description of our PARKING plan: Pc i.C_ M- K 1 t� CA 4 Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: t\VA- p t 0 tom ' NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ,KYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: Nit 0 S C C RYES _ NO Will sound amplification be used? If YES, please indicate: Start time: 1 0 (___pm Finish Time am4 _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: t' Lt��+�3 4 Le i L i (4) 5 For Office Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval 6JILDiNG AND SO' ETV FIPCEIVED 1:3 C G 2000 NAI7ONAL orry, 6 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Chrysler Plymouth Jeep EVENT: Used Vehicle Tent Sale DATE OF EVENT: January 12-14, 2001 TIME: 9:00 a.m. until 7:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ 1 SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) There will be specific requirements for the use of the tent, but as usual, the fire department will require unrestricted access at all times. FINANCE (336-4330) A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. DEC 11 '00 03:48PM PLAZA BONITR P.2 Memo. 1VED U LI 1 1000 DATE: December 8, 2000 TO: Mc Cune Chrysler FROM: Holly Yarrls SUBJECT: Lot 2 Us SHOPPINQTOWN PLAZA BONITA 3030 Plaza Bonita Road #2075 National City, CA 91950 Telephone (619) 297-2860 Faoalmlle (619) 472.5652 This is to advise you that we are doing a contract with McCune Chrysler to conduct a used car sale January 12 - 14 in Lot 2, Please call if you have any questions, Cc; Cindy Kellen's City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 9, 2001 AGENDA ITEM NO. b Z (-ITEM TITLE Request to Use the Community Center by the National School District and Waiver of Fees PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION By the attached letter, the National School District is requesting use of the North Room of the Community Building on Wednesday January 17, 2001 from 8:00 a.m. to 4:00 p.m., Friday January 19, 2001 from 8:00 a.m. to 4:00 p.m., and the South Room on Thursday January 18, 2001 from 8:00 a.m. to 4:00 p.m. The School District will be using the Center for focus group interviews related to a classification study. They are expecting a total number of 50 people. Cost: Building: $1243.00 Custodian 323.93 Total: $1566.93 The School District is also asking for waiver of fees. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center", however it would take the approval of the City Council to waive the fees. Environmental Review Financial Statement Loss of $1566.93 if waiver of fee6 i STAFF RECOMMENDATI :BEN Council decision on use of approved. nity Center an BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for use of the Community Center National School District letter dated January 9, 2001 A-200 (9/80) iver of fees. Account No. r Resolution No. JAN-09-2001 TUE 12:07 Phl National School Dist. HR Jan-09-01 L 1 t O9A 619 336 7521 P. 03 P.02 'typeofFunction .Zn4.erv'r'eMJS Au O / Decorating Time (am/pm) to (am/pm) Function Time __S(' a U (n/pm) to if ?ea p- _...®(am/rj Use of Kitchen Facility ..__..._ yes A" no Use Time APPLICATION FOR USE OE Tux NATIONAL CfTY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of0rganiration Business Address Name of Applicant Address JJ A.4...0014/scA0Al A14e Telephone Number(42/4)336-1%a../ (day) ( ) .._ . __.._(evening) Date Requested (am/pm) to _ (am/pm) Clean-up (am/pm) to (an/pm) Number of Participants sn Will Admission be charged? el ei If yes, Amount $ Will this event be used as a fund raising event? f),d Will alcohol be served? p ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? (If ycs, attach sketch) Special equipment required? (lfycs. attached list) Copy of Ruler & Regulations provided? Initial ,1 T CERTIFY THAT I HAVE RECEIVED 'A COPY OF THE RULES & REGULATIONS FOR. THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the Clty `s facility may create a possessory interest .subject to property taxation and that Applicant may he subject to the payment of property taxes levied on such interest. Applicant further agrees m pay any and all properly taxes, if any assessed during the use of the Cily'r fiwility pursuant to Section's 107 wart 107.5 of the Revenue and Taxation Code agai»st Applicant s pamees.sory interest in the City x facility. JRN-09-2001 TUE 12:08 FN National School Dist. HR 619 336 7521 P. 05 Jan-09-01 11 : O9A P.03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION AGREEMENT Pcrvnrni rclucsting use of City property, facilities or personnel are rexluin`d to provide a minimum of $1,000,600 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 Person is charge of activity Address )gi ll r) ,a ! Se 4 a ©/ 1b,'s�Lc 7f /,5-, o i`i 4Qe /1. C, Telephone .3 3ta - 7 7. l- / City facilities and/or property requested ricer, u/1 'yy P 1• i i • Dat+ (s) of use HOLD HARMLESS AGREEMENT The. undersigned hereby agree(s) to hold the City of National City harmless and indemnity the City of National Cily 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 permittce's agents, employees or contractors. Siwinlure of Applicant Official Title Date Certificate of Insurance Approved by Name &'Title Rev. I /21 /t)A 2 JAN-09-2001 TUE 12:07 PM National School Dist, HR 619 336 7521 P. 02 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 January 9, 2001 Mr. Burt Myers Acting Public Works Director 2100 Hoover Avenue National City, CA 91950 Dear Mr. Myers: I am submitting this letter to request the use of the National City Community Building on January 17, 18, and 19, 2001, from 8:00 a.m. to 4:00 p.m. We request that the fee be waived. The National School District will use the building for focus group interviews related to a classification study. Due to unforeseen situations our request is short notice. I apologize and I appreciate your kind attention to this matter. If you have any questions, please feel free to call my assistant, Maria Dalla, or me at 336- 7721. Thank you very much for assisting in this matter. We look forward to hearing from you regarding the City Council's approval of our request. Sincerely, 111.64:14.41-49 Cynthia A. Mesaros Assistant Superintendent —Human Resources CAM:md BOARD MEMBERS: ROSALIE'ROSIE" ALVARADO; ANNE L. CAMPBELL; ALMA GRAHAM; JAMES GRIER. JR.: FRANK PEREZ DISTRICT SUPERINTENDENT: (GORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT --EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.O. ASSISTANT SUP ERINTENOENT—BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A MESAROS