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HomeMy WebLinkAbout2002 09-17 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - SEPTEMBER 17, 2002 - 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 ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 3, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 9/17/02 PAGE 2 PRESENTATION Employee Introduction Program PROCLAMATIONS Proclaiming the week of September 30-October 5, 2002 as: "LAWSUIT ABUSE AWARENESS WEEK" Proclaiming the month of October 2002 to be: "THE COLUMBIAN FOUNDATION FOR PEOPLE WITH MENTAL RETARDATION MONTH" INTERVIEWS/APPOINTMENTS Local Law Enforcement Advisory Board — Appointments City Boards & Commissions — Interviews/Reappointment/Appointments 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. 2002-141 A Resolution of the City Council of the City of National authorizing the Mayor to execute a First Amendment to the five-year license agreement between San Diego Gas & Electric and the City of National City for the Bayshore Bikeway. (Public Works/Engineering) COUNCIL AGENDA 9/17/02 PAGE 3 CONSENT CALENDAR (Cont.) 2. Resolution No. 2002-142 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Schatz Consulting Group, Inc. to perform consulting services for design and construction support services for the Martin Luther King, Jr. Community Center. (Public Works/Engineering) 3. Resolution No. 2002-143 A Resolution of the City Council of the City of National City authorizing the Police Chief to execute Memorandums of Understanding with the Sweetwater Union High School District and the National School District for joint funding of the D.A.R.E./J.O.G./School Resource Officer Program. (Police) 4. Resolution No. 2002-144 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for a Community Health Center at 1419 East 8th Street near Horizons Adult Day Health Care Center in the Palm Plaza Shopping Center. Applicant: Kalusugan Community Services. Case File No. CUP-2002-11. (Planning) 5. Resolution No. 2002-145 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for a wireless communications facility near Sweetwater Theaters in Sweetwater Town and Country Shopping Center. Applicant: Cingular Wireless. Case File No. CUP-2002-3. (Planning) 6. WARRANT REGISTER NO. 10 (Finance) Ratification of Demands in the amount of $1,250,244.50. COUNCIL AGENDA 9/17/02 PAGE 4 CONSENT CALENDAR (Cont.) 7. WARRANT REGISTER NO. 11 (Finance) Ratification of Demands in the amount of $473,848.67. 8. Claim for Damages: Mario Gonzalez -Garcia (City Clerk) ORDINANCES FOR INTRODUCTION 9. An Ordinance of the City Council of the City of National City adopting the California Mechanical Code, 2001 Edition, adopting Appendix A, B and C of said Code, and amending Ordinance No. 99-2160 and Chapter 15.14 of the National City Municipal Code. (Building & Safety) 10. An Ordinance of the City Council of the City of National City adopting the California Electrical Code, 2001 Edition and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, as amended, establishing requirements, rules and standards for electrical installations and materials, within the City and amending Ordinance No. 99-2161 and Chapter 15.24 of the National City Municipal Code. (Building & Safety) 11. An Ordinance of the City Council of the City of National City adopting the California Plumbing Code, 2001 Edition adopting Appendix A, C, and H of said Code, amending certain sections of the California Plumbing Code and amending Ordinance No. 99-2163 and Chapter 15.20 of the National City Municipal Code. (Building & Safety) COUNCIL AGENDA 9/17/02 PAGE 5 ORDINANCES FOR INTRODUCTION (Cont.) 12. An Ordinance of the City Council of the City of National City adopting Volumes I and II of the California Building Code, 2001 Edition, amending certain sections and adopting Appendix Chapters 9, 10, 12 (Division IIA), 15, 31 (Division III) and 34 (Division III); providing penalties for violation thereof and amending Ordinance No. 99-2157 and Chapter 15.08 of the National City Municipal Code. (Building & Safety) 13. An Ordinance of the City Council of the City of National City adopting the Uniform Swimming Pool, Spa and Hot Tub Code, 2000 Edition, and amending Ordinance 99- 2162 and Chapter 15.22 to the National City Municipal Code relating to swimming pools, spas, and hot tubs. (Building & Safety) 14. An Ordinance of the City Council of the City of National City adopting the California Fire Code 2001 Edition; and the Uniform Fire Code Standards 2000 Edition; Appendices thereto, and National Fire Protection Association Standards, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations; and establishing a Community Risk Management Group and providing officers therefore and defining their powers and duties, repealing Ordinance No. 99- 2165 and all other ordinances and parts of Ordinance in conflict therewith, and amending Chapter 15.28 of the National City Municipal Code. (Fire) NEW BUSINESS 15. Expiration of Agreement with Randall Funding & Development. (City Manager) 16. Temporary Use Permit — Holiday Inn South Bay — Boxing Match. (Building & Safety) 17. Temporary Use Permit — First United Methodist Church Street. Fair. (Building & Safety) COUNCIL AGENDA 9/17/02 PAGE 6 NEW BUSINESS (Cont.) 18. Temporary Use Permit — Annual review of the temporary office trailer for Paradise Creek. (Building & Safety) —> 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. CLOSED SESSION Conference with Legal Counsel -Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One potential case) COUNCIL AGENDA 9/17/02 PAGE 7 NEW BUSINESS (Cont.) ADJOURNMENT Closed Session - Public Employee Discipline/Dismissal/Release, October 1, 2002 - 3:00 p.m. — City Council Chambers, Civic Center Next Regular City Council Meeting — October 1, 2002 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE 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 TO FROM SUBJECT : September 10, 2002 Park Morse, Assistant City Manager Roger C. DeFratis, 13,era Dir to EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid appearance. overtime for such The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. DEPARTMENT ...................................... Chief DiCerchio E1AALt3YEE/PQSitititt Stephanie Tuley-Fuson/Police Dispatcher Mika! Clement/Police Recruit August 13, 2002 September 3, 2002 Chief Kimble Paul Kane/Firefighter September 3, 2002 xc: Chief DiCerchio Chief Kimble RCD:Im Employee Intro ® Recycled Paper 11rn rtamat `nu WHEREAS, The United States of America has been the worldwide symbol of individual liberty and a beacon of hope and opportunity for more than two centuries; and WHEREAS, Our Constitution and the Bill of Rights embody this principle and preserve our uniquely American liberties, such as freedom of speech, freedom of religion, freedom of the press, freedom of petition and due process of law, and the right to a trial by a jury of our peers; and WHEREAS, It is vital that justice for legitimate victims should not be delayed due to meritless and frivolous litigation which serves only to clog our courts; and WHEREAS, Abuse of the legal system (lawsuit abuse) is a plaque upon our justice system and our economy that carries a cost for each and every American citizen, costs jobs and cripples small businesses; and WHEREAS, It is incumbent upon all members of the legal profession and our elected leaders to protect California consumers, businesses and families by seeking sensible reforms which will discourage the filing of frivolous lawsuits, reducing the exorbitant costs of litigation, restrain the prospects for arbitrary and unjust awards, and protect legitimate victims against unfair and outrageous contingency fees; and WHEREAS, An important and enduring part of the movement to restore fairness and balance to our civil justice system, and to encourage more citizens to safeguard the justice system by serving on a jury when called, is the dedicated work of Citizens Against Lawsuit Abuse (CALA). It's mission is to educate the public about the human and financial costs of lawsuit abuse and thereby create a climate for change. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of September 30-October 5, 2002 as: "LAWSUIT ABUSE AWARENESS WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 17TH day of September 2002. o_ George Ff. Waters. Mayor WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 11ru clamatiwi Mental Retardation is a condition which today affects an estimated 1,700 National City children and adults and their families; and Mental retardation and related disorders are debilitating illnesses for patients and families affecting thousands worldwide physically, emotionally, and financially; and The most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and The potential for citizens with mental retardation to function more independently and productively must be fostered; and The Columbian Foundation for Persons with Mental Retardation, Inc., has been outstanding in their efforts to help persons with mental retardation participate in all activities and experiences life has to offer; and The Knights of Columbus exemplify the true spirit of concern for their active involvement in the well-being of the people of our community by their Annual Fundraising support for the Columbian Foundation. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the month of October 2002 to be: "THE COL UMBIAN FOUNDATION FOR PEOPLE WITH MENTAL RETARDATION MONTH" in the City of National City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 171' day of SEPEMBER, 2002. George ' Waters, Mayor 1 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 10, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: LOCAL LAW ENFORCEMENT ADVISORY BOARD Please be advised that we presently have three vacancies on the Local Law Enforcement Advisory Board. This Board determines the expenditure of the FY 2002-2003 Local Law Enforcement Block Grant Funds. If there are no objections, I recommend for appointment, Mr. Victor Nunez, Assistant Division Chief, Prosecutors Office, South Bay Office representing the District Attorney's Office, Ms. Michelle Longtin, Assistant Executive Officer, San Diego County Superior Court , South County Division, Court Representative, and Ms. Alma Graham, National City Chamber of Commerce Public Safety Committee Member representing Community Volunteer Group. Mr. Keith Fifield, Police Lieutenant from the National City Police Department will be replacing Lieutenant Allen as the liaison for the Advisory Board. This item will be placed on the Council Agenda for the meeting of September 17, 2002 and Lieutenant Fifield will introduce Mr. Nunez, Ms. Longtin, Ms. Filzenger and Ms. Graham. /4- GEORGE . WATERS MAYOR GHW:nu Cc LT FifField ® Recycled Paper CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may applyfor more than one) ❑ Building Advisory & Appeals Board U Civil Service Commission ❑ Senior Citizens Advisory Board ❑ Parks & Recreation Advisory Board ❑ Serra Library Systems Board ❑ Street Tree & Parkway Committee ❑ Project Area Committee ❑ Student Commissioner Name:(Last) (Z WVt% ., Home Address: ❑ Planning Commission ❑ Port Commission ❑ Traffic Safety Committee ❑ Library Board of Trusetees ❑ Sweetwater Authority ❑ San Diego County Water Authority ❑ Housing & Community Sevelopment Committee fa OPHe c_) L13i-0Cd' CP2,4,3--ADJiS012-y LoMm,rr (First) VG Birth Date ll( Z .r.2.. Telephone: Residence ( ) .Business/Work (L(f) C?/ - j2 ?Pr NUMBER OF YEARS YOU HAVE LIVED IN CALIFORNIA: CALIFORNIA: Y 3 SAN DIEGO COUNTY: 2 2. NATIONAL CITY: 0 ARE YOU A REGISTERED VOTER: CikCS ❑ NO School attending Grade Colleges Attended and Degrees Held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: 70 2. Your Signature: /`! .. 2 CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT. It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. ca PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may apply for more than one) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name:(Last) 47/ 7 // Home Address: O / GV2'//%f ❑ Planning Commission ❑ Port Commission ❑ Traffic Safety Committee ❑ Library Board of Trusetees ❑ Sweetwater Authority ❑ San Diego County Water Authority ❑ Housing & Community Sevelopment Committee ® Cf1Di-t Loc.AL L.4u EJFoR,c ME,JT i3LOGiL ...............,__ (7�L'A.JT APVisow C=oMMI Tre-E (First) / l fl, e G 4 . /&% p/qi() / t1�/ Telephone: Residence ( ) Business/Work f,�/�1 G� �� Birth Date NUMBER. OF YEAS YOU HAVE LIVED IN CALIFORNIA: CALIFORNIA: xf,4 SAN DIEGO COUNTY: 3-,-2 NATIONAL CITY: ARE YOU A REGISTERED VO t ER: Iia'I'ES ❑ NO School attending Grade Colleges Attended and Degrees Held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: reseptA `i 4 DATE: 91j/02—/ Prilogeadd; Your Signature: CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may apply for more than one) ❑ Building Advisory & Appeals Board ❑ Civil Service Commission ❑ Senior Citizens Advisory Board ❑ Parks & Recreation Advisory Board ❑ Serra Library Systems Board ❑ Street Tree & Parkway Committee ❑ Project Area Committee ❑ Student Commissioner Name:(/.act) Home Address: ❑ Planning Commission ❑ Port Commission U Traffic Safety Committee ❑ Library Board of Trusetees ❑ Sweetwater Authority U San Diego County Water Authority ❑ Housing & Community Sevelopment Committee (ADFlo�) LeC L.- t4 J l3a-/-)X-A-Pvisor-% C.O.MM t Ri VIII M (First) /41.114/'7 90,3 7 2 Telephone: Residence ( ) Birth Date -S1/315-6 .Business/Work (d ) 9d 7-/ 77 NUMBER OF YOU HAVE LIVED IN CAL7IF9RNIA: !� CALIFORNIA: SAN DIEGO COUNTY: 7 NATIONAL CITY; L - ARE YOU A REGISTERED VOTER: /U YES ❑ NO School attending Colleges Attended and Degrees Held, if any: Grade Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: g/ii ese t J 727fnezi7 DATE: 6%z�/6 Zi Your Signature: CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may apply for more than one) U Building Advisory & Appeals Board ❑ Civil Service Commission ❑ Senior Citizens Advisory Board U Parks & Recreation Advisory Board ❑ Serra Library Systems Board ❑ Street Tree & Parkway Committee ❑ Project Area Committee ❑ Student Commissioner Name:(hist) F��EC12 Home Address: Telephone: Residence ( ❑ Planning Commission U Port Commission ❑ Traffic Safety Committee ❑ Library Board of Trusetees ❑ Sweetwater Authority ❑ San Diego County Water Authority ❑ Housing & Community Sevelopment Committee ® (9l IOC,) LOC4L l hu1 E,•5-o Me/..T AIDOS (ty eoMM l rt- (First) e�' /7 Birth Date J/3'/ &c, .Business/Work (Cf°/%) X6o NUMBER OF YOU HAVE LIVED IN CALIF: CALIFORNIA: SAN DIEGO COUNTY: 3 NATIONAL CITY: ARE YOU A REGISTERED VOTER: ❑ YES ONO - School attending Grade Colleges Attended and Degrees Held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES COMMISSIONS• Ejl Ill L/ c -effnie, 19 Pie_ DATE: Your Signature: c_oG% Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Mr. Gustavo T. Rios 3414 Eleanor Place National City, CA 91950 4AI Dear Mr. Rios: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 17, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, Aleeuic GEOR H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: Ries Gtcskt!(1 (Last) Home Address: 31) l 6 leg n o r / p L. Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee 311f j (� Oh Birth Date l ` 0 — .S (First (Optional) l»ici he 7a l C; 7Q 6 7 ) Business/Work NUMBER OF YFj,Al.12S YOU HAVE LIVED IN: CALIFORNIA? ��++�l SAN DIEGO COUNTY? Telephone: Residence 4/ [ q 5— a7 ARE YOU A REGISTERED VOTER: YES 17 NATIONAL NO alago (6f9 Ss7 5370 "1Ip a CITY? HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD,A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) School; C (1 'r `« Pad Colleges attended and degrees held, if any: Soct,Atves-fern Collect Netonal Unli/ersi tit! �R-/c�rrlcn teAavtor Related Professional or Civic Experie-t nce: Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: Assisted clv'-e Oerni2,011;ns during i6C Liorts 4+4 o Jct(tl`CrtrnIva L• Helpedu�; 4-11 h%4�iortal Ci+y tileiuL borkaod C leaner? Camrat4 ns would 1ik . +o �e1p l� An4kinYq ►Jet�•Ional C;+-y Jone. o4` 1-he eleane5t otnd ►most betttt4i�'kl C,itles wi 44,1SQ 11 n o Ie?a Coca +j. DATE: / S/0 ; YOUR SIGNATURE)7l) c/26e;5' RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Mr. Carlos Carrillo 3421 Eleanor Place National City, CA 91950 Dear Mr. Carrillo: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 17, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may apply for more than one) ❑ Building Advisory & Appeals Board ❑ Civil Service Commission ❑ Senior Citizens Advisory Board ❑ Parks & Recreation Advisory Board ❑ Serra Library Systems Board ❑ Street Tree & Parkway Committee ❑ Project Area Committee ❑ Student Commissioner U Planning Commission ❑ Port Commission ❑ Traffic Safety Committee ❑ Library Board of Trusetees ❑ Sweetwater Authority ❑ San Diego County Water Authority ❑ Housing & Community Sevelopment Committee Name:(Last) C/4I i` I L_ L ci (First) CAK Home Address: 3 y ! C Lcfri .C92 PL-fi Birth Date / /( 0/ O Telephone: Residence (!r I ) .5 U'MY(' .Business/Work (a/9) 1�7� i `'2 7 25 NUMBER OF YEARS YOU HAVE LIVED IN CALIFORNIA:u CALIFORNIA: 3 ( SAN DIEGO COUNTY: / / NATIONAL CITY: - /Z ARE YOU A REGISTERED VOTER: Uv YES ❑ NO School attending Grade Colleges Attended and Degrees Held, if any: UN Y U Z dZSi'7 l �r+i . (� i (, L' (� : (4. (1 q Related Professional or Civic Experience: 1"LAilNV(> )En,'(,M,'Etii iL arc(_ 1't' 6 I9t2GSF',7 tiR/'14 - NRnPruelL C ; ry fe)Li i-e-cn no A) iim, is Fv2.cc5 ('Nnic r(ZEC Sept rf6,iitO PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: / / `/ 11 L Your Signature: Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 8, 2002 Ms. Roberta Settergren 1317 D Avenue, # 802 National City, CA 91951 Dear Ms. Settergren: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 17, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: 51: I � R 63 N (Last) Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee )( e Y 1 Birth Date I (First) (Optional) Home Address: / 3/ 7 l i V E CJ Telephone: Residence (6/ — y 7 7- U 7 7/ ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 3 SAN DIEGO COUNTY? BusinessfWork ( ) NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: )( YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: =�'(;r ide a xa Related Professional or Civic Experience: £ ou 1 . s - 5 L.q r i ti'? 1� / l L //%5e m/444la(gM it/ I F-5)s fi'C Please indicate below ariy further information that will be of value regarding your service on the above named boards, committees or E�Vt✓/commissions: D M a LL OFF,e 's or / ).7 triy .� SSti�l/G¢r 1— fr; /7 y 4 s y 4 lc Rc!.--1 /-f o, DATE: 6//o1 Cr YOUR SIGNATURE </71Y'.�Z�,r RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor September 3, 2002 Ms. Alethea R. Pruitt 1321 Manchester Street National City, CA 91950 Dear Ms. Pruitt: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 17, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORG H W MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority X San Diego County Water Authority Housing & Community Development Committee Name: P'r v \ f ` i C if, e .. (Last) Home Address: (First) Birth Date (Opti/Y3 al) 13a L Yl1atilclelesG+• t00C(B40.) Lahr ('19 cogs./ ( Telephone: Residence(& Q a& 7-3317 ) Business/Work( 6/q e' 754?'056Z. ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 39 SAN DIEGO COUNTY? 3 CY NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES / \ NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR H A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: S a Q i-eei ctheolPif..f? CO (Jt° ei •Vl, CA . u1st tvMvlt plle-revl%X 1CV_4C4. CNcLlc¢r•a_UNAlc-A51 c ? e,, Related Professional or Civic Experience: s- 1;6u in/ s peit tEn»Ce (owtren Nad-CCmna.Q eik( I:64 ou , M1�CfLQ. YYLe. • et..W 6 W E E t't t tca t-rrN Gtnn d) ek3A.J r t tr w a e 4 Ot+.'&oto f k1 1 sS v'2Q 1 Please indicate below any further information that will be of vale regarding your service on the above named boards, committees or commissions: ' ` .- �j��, 'F EEL 1 cad- �O r C if ^ Y19 G C t 1 "_ `l' we_ -1--6 s-t✓v -K-e -eC3p if c Malt! rno r3 L +.3 tP c ra p ac%d-y DATE: Vigioz_ YOUR SIGNATURE ZiC.e'-/ RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor September 11, 2002 Ms. Gloria Pangelinan 2021 "N" Avenue National City, CA 91950 a ,p Dear Ms. Pangelinan: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 17, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEO CAE H. WATERS WATERS MAYOR GHW:nu eRecycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: r a (Last) Home Address: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee , (First) Birth Date 7-at (Optional) Telephone: Residence ( ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: �Q CALIFORNIA? 1S SAN DIEGO COUNTY? (j_ NATIONAL CITY? 1.55 L(YS ARE YOU A REGISTERED VOTER: YES Y NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAS A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) T`NTTCISS ie F Colleges attended �and degrees held, if any: /0,11/nU @,61A,ffit' Wit 12-Mlat CAbsk`Qt 011AAC Related Professional or Civic Experience: J Please indicate below any further information that will be of value regarding your service on the above nam ! boards,� lommittees or om ions: VI.�J aZig WA }Auk as `1 UAW CVO' ' l� 1/w DATE: 1-o� YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 11, 2002 TO: FROM: SUBJECT: COUNCILMEMBERS MAYOR GEORGE H. WATERS SENIOR CITIZENS ADVISORY BOARD Ms. Helen Murphy's term on the above -subject board expired she is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Citizens Advisory Board. This item will be placed on the meeting of September 17, 2002. GEORGH. WATERS Mayor GHW:nu on August 30, 2002 and Murphy to the Senior Council Agenda for the Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board X Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: Murphy Helen Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee, (Last) Home Address: (First) '\' Birth Date (Optional) 1112 Manchester Street National City, CA 91950 Telephone: Residence ( ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: �y CALIFORNIA? (v6 SAN DIEGO COUNTY? / Q NATIONAL CITY? "! ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) MOW Salaoiil Aau Colleges attended and degrees held, if any: Experience: Related ‘4'?4.--)9Ctrde4- Please indicate below any further information that will be of value rgarding your service on the above named boards, committees or commissions: Professional or Ivic DATE: y YOUR SIGNATURE r,� RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 17, 2002 AGENDA ITEM NO. 1 (ITEM TITLE RESOLUTION APPROVING A 5-YEAR LICENSE AGREEMENT FOR THE BAYSHORE BIKEWAY WITH SAN DIEGO GAS & ELECTRIC PREPARED BY Rhonda Darling DEPARTMENT Public Works/Engineering EXPLANATION On March 4, 1997, the Council approved a five-year license agreement allowing the City of National City to lease a 1,000 foot right-of-way segment of the Bayshore Bikeway in National City from San Diego Gas & Electric, located in the vicinity of the new Marina. Since the Port District property could not accommodate the bikeway, the only alternative was to utilize the adjacent San Diego Gas & Electric right-of-way. All rights -of -way for the Bikeway from Coronado to San Diego had been secured except for this one link. It was anticipated that a permanent solution to the right-of-way would occur during the original five-year lease. However, the lease has now expired, and the Marina development has not occurred as rapidly as anticipated, so San Diego Gas & Electric is requesting that the City renew their lease for an additional 5-year term. As soon as plans are received for the new marina, the City will work with the Port District to include the Bikeway on the Marina parcel. The final phase of the dredging work will be awarded by the Port on October 30, 2002. Per our agreement with the Port, once the operator is selected, the dredging is completed and plans are accepted, then the City will have input as to the placement of the permanent 1,000-foot right-of-way segment. As stated in Paragraph 9 of the license agreement, we may terminate this license for any reason, at any time, by providing 60 days written notice. ( Environmental Review X N/A Financial Statement A fee of $2,400 per year is Approved By: required by San Diego Gas & Electric, with an annual adjustment tor Finance Director consumer price index increases, if - y. Funds are available through Account No. 001-422-221-290. The City will be responsible for o %oi m intenance. STAFF RECOMMENDATION Approved the Resol Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2002-141 1. Resolution 2. First Amendment to License 3. Copy of Resolution No. 97-27 A-200 19Y99j RESOLUTION NO. 2002 — 141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE FIVE-YEAR LICENSE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC AND THE CITY OF NATIONAL CITY FOR THE BAYSHORE BIKEWAY WHEREAS, San Diego Gas & Electric (hereinafter "SDG&E) and the City of National City entered into a license agreement on March 4, 1997; and WHEREAS, the term of five (5) years, as set forth in paragraph 3 of the License, expired on March 31, 2002; and / WHEREAS, pursuant to paragraph 5 of the License, the City desires to exercise its option to extend the term of the license for an additional five (5) years beginning April 1, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a First Amendment to the 1997 License Agreement with SDG&E for the Bayshore Bikeway. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 171 day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO LICENSE THIS FIRST AMENDMENT TO LICENSE is made entered into effective April 1, 2002, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation, hereinafter "Licensor," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Licensee," concerning the following facts: Whereas, Licensor and Licensee entered into a License on March 4, 1997 (the "License"); and Whereas, the term of five (5) years set forth in Paragraph 3 of the License expired March 31, 2002; and Whereas, pursuant to paragraph 5 of the License, Licensee exercised its option to extend the term of the license for an additional five (5) years beginning April 1, 2002; and Whereas, Licensor and Licensee wish to amend the License as set forth herein. Therefore, Licensor and Licensee agree as follows: 1 For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree to amend the License in the following particulars only. 2. The term of the License is extended for five (5) years beginning April 1, 2002, and ending March 31, 2007. 3. The base annual consideration commencing April 1, 2002, shall be Two Thousand Four Hundred Dollars ($2,400.00), payable annually on April first of each year for the balance of the term of the License, provided that beginning April 1, 2002 the annual consideration shall be increased by an amount equal to the Consumer Price Index as set forth and described in paragraph 1 of Exhibit "B" to the License. 4. effect. In all other respects the terms and provisions of the License remain in full force and In witness whereof, Licensor and Licensee have executed this First Amendment to License effective as of April 1, 2002. San Diego Gas & Electric Company City Of National City A California Corporation A Municipal Corporation By: By: Rand Wassem Burt Myers Manager, Corporate Real Estate Public Works Director National City Amendment.doc -1- FIRST AMENDMENT TO LICENSE THIS FIRST AMENDMENT TO LICENSE is made entered into effective April 1, 2002, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation, hereinafter "Licensor," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Licensee," concerning the following facts: Whereas, Licensor and Licensee entered into a License on March 4, 1997 (the "License"); and Whereas, the term of five (5) years set forth in Paragraph 3 of the License expired March 31, 2002; and Whereas, pursuant to paragraph 5 of the License, Licensee exercised its option to extend the term of the license for an additional five (5) years beginning April 1, 2002; and Whereas, Licensor and Licensee wish to amend the License as set forth herein. Therefore, Licensor and Licensee agree as follows: 1. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree to amend the License in the following particulars only. 2. The term of the License is extended for five (5) years beginning April 1, 2002, and ending March 31, 2007. 3. The base annual consideration commencing April 1, 2002, shall be Two Thousand Four Hundred Dollars ($2,400.00), payable annually on April first of each year for the balance of the term of the License, provided that beginning April 1, 2002 the annual consideration shall be increased by an amount equal to the Consumer Price Index as set forth and described in paragraph 1 of Exhibit "B" to the License. 4. effect. In all other respects the terms and provisions of the License remain in full force and In witness whereof, Licensor and Licensee have executed this First Amendment to License effective as of April 1, 2002. San Diego Gas & Electric Company City Of National City A California Corporation A Municipal Corporation By: By: Rand Wassem Burt Myers Manager, Corporate Real Estate Public Works Director National City Amendment.doc -1- c City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 4, 1997 ITEM TITLE R1 T]TION„bAPPR BIKEWAY WITH SD( PREPARED BY EXPLANATION. I') All rights -of -way for the Bayshore Bikeway from Coronado to San Diego have been secured except for one link in National City. That segment consists of approximately 1,000 feet in the vicinity of the new Marina. The dredging plans on file confirm that the Port District property cannot accommodate the bikeway. The only alternative is to utilize the adjacent SDG&E right-of-way. To do this, a License Agreement must be executed. The license is for five (5) years, and it is anticipated that a permanent solution to the right-of-way will come about during this period. SANDAG is the coordinator of the bikeway. Councilman Ralph Inzunza has been the City's representative for the project along with City Engineering staff. CALTRANS will fund the project and must have assurance that the right-of-way is available prior to construction. 2 AGENDA ITEM NO, LICENSE AGREEMENT FOR THE BAYSHORE Paul Desrochers Executive Directo DEPARTMENT COMMUNITY DEVELOPMENT COMMISSION (CDC) Environmental Review X N/A Financial Statement A fee of $2,000 per year is required by SDG&E. The City will be responsible for on -going maintenance. Account No. STAFF RECOMMENDATION Approve resolution. OARD/COMMISSION RECOMMENDATION N/A ATTACH MEMS (Lisped Below) License Agreement Resolution No 97-27 bikeway.200 A-200 (Rev. ?(00) RESOLUTION NO. 9 7-2 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A LICENSE AGREEMENT FOR THE BAYSHORE BIKEWAY WITH SAN DIEGO GAS & ELECTRIC (SDG&E) WHEREAS, the City of National City has agreed to participate with SANDAG in the development of a regional bicycle route around San Diego Bay, called the "Bayshore Bikeway"; and WHEREAS, the route has been secured from all member cities except for a portion of the right-of-way in National City; and WHEREAS, the only alternative to complete the National City portion of the bikeway is for the City to enter into a License Agreement with SDG&E for a five- year period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the License Agreement for the Bayshore Bikeway with San Diego Gas & Electric is hereby approved. Said License Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of March, 1997. Waters, Mayor ATTEST: Michael R. Da11, City Clerk APPROVED AS TO FORM: //5g•g•Lar George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on March 4, 1997, by the following vote, to -wit: Ayes: Council Members Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. I Abstain: Council Member Beauchamp. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California Clerk of the ty of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 97-27 of the City of National City, California, passed and adopted by the Council of said City on March 4, 1997. City Clerk of the City of National City, California By: Deputy ORIGINAL LICENSE THIS License, made and entered into as of this 4th day of March , 19 97 , by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "LICENSOR," and the CITY OF NATIONAL CITY, a Municipal corporation, hereinafter called "LICENSEE." In exchange for the payment of consideration by LICENSEE, and performance of the conditions and covenants herein contained, LICENSOR hereby extends a license to LICENSEE to use LICENSOR'S real property as follows: 1. Licensed Premises: The real property which is the subject of this License (hereinafter called "Licensed Premises"), is located at County of San Diego, State of California, as further set forth on Exhibit "A", attached hereto and incorporated herein by reference. 2. Standard License Provisions: In addition to the terms set forth in this License, LICENSEE agrees to comply with, and be bound by, the Standard License Provisions set forth in Exhibit "B", attached hereto and incorporated herein by reference. 3. Term of License: This License shall be for a term of five (5) year(s) commencing on April 1, 1997, and terminating at midnight on March 31, 2002, unless sooner revoked or terminated as herein provided. 4. Consideration for License: LICENSEE shall pay to LICENSOR as the first year's consideration, without deduction, set-off, prior notice, or demand the sum of $2,000.00. This sum shall be referred to as the "base annual consideration." This base annual consideration shall be subject to adjustment in determining the annual consideration for this License for the years following the first year of this License, if any, as set forth in Paragraph 6 below. The base annual consideration, and all consideration for each subsequent years, shall be payable in advance commencing on April 1, 1997, and thereafter on or before the first day of April, of each succeeding year through the term of this License. 5. Extension: LICENSOR grants to LICENSEE an option to extend this License for five (5) year(s) after the expiration of the original term hereof. LICENSEE may exercise this option by giving written notice to LICENSOR at least ninety (90) days prior to the expiration of this License. If this option is exercised, all terms and conditions of this License shall remain the same with the exception of the base annual consideration. The base annual consideration will be renegotiated to the mutual satisfaction of each party prior to the termination of the original term. 6. Payment Review: On each annual anniversary date of the commencement of this License during the term of this License, the base annual consideration then due and owing shall be increased based on the formula set forth in Paragraph 1 of Exhibit "B". 7. Use of Premises: This License is non-exclusive, personal to the LICENSEE, cannot be assigned and isvalid for the following uses only: A twelve (12) foot wide bike path with four (4) foot high chain -link fence and gates, as shown on the attached Exhibit "A" drawings, sheets 1 and 2. 8. Surfacinu: As additional consideration for this License, LICENSEE agrees at its own expense: (a) to pave the surface of the area to be used for the bike path, if required by LICENSOR, to LICENSOR'S specifications; (b) to maintain the paving in good condition, reasonable wear and tear excepted, during the term of this License, including any renewals; (c) to paint, stripe, or provide barricades so as to promote safety and the orderly flow of bicycles along said bike path; (d) to construct and maintain fences as required by LICENSOR to LICENSOR'S specifications; and (e) to submit in writing for LICENSOR'S approval prior to construction a general plan showing the proposed bike path, widths, obstructions and improvements. 9. Revocability: LICENSOR or LICENSEE may revoke and thereby terminate this License for any reason, at any time, without cause, by giving either party sixty (60) days' written notice. -2- 10. Notices: Pursuant to Paragraph 2 of Exhibit "B", notices to be given to LICENSEE shall be addressed as follows: Mr. George Waters Mayor City of National City 1243 National City Boulevard National City, CA 91950 11. Taxes: As additional consideration for this License, LICENSEE shall reimburse to LICENSOR within ten (10) days after receiving written demand therefore, a sum of money equivalent to the taxes levied or assessed against the Licensed Premises while occupied by LICENSEE pro -rated to the extent this License was not in effect for a portion of the applicable tax year. LICENSEE shall also reimburse LICENSOR for taxes levied against improvements and personal property placed or constructed on the Licensed Premises by LICENSEE. LICENSEE shall not be responsible for taxes levied against improvements and personal property placed or constructed on the Licensed premises by LICENSOR. IN WITNESS WHEREOF, the parties have executed this License as of the above date first written. LICENSOR: SAN DIEGO GAS & LECTRIC COMPANY, a ifa corporation By: . Lar : , Director al Estate Operations LICENSEE: CITY OF NATIONAL CITY, a Municipal Corporation By: George Waters Mayor APPROVED AS TO FORM -3- George H. Eiser, III City Attorney " <TE AN RIGHT OF WAY D FOR C�' VCESS DATA . SEE RIGHT ACCUF Tp OF W, D MAPS AT DISTRICT CURVE R 25' 65' CURVE DATA A 37' 53' 12" 89'26' 05" REMOVE FENCE (12' LENGTH) REMOVE FENCE (12' LENGTH) 8.58' 64.36' •32ND ST I. 16.53' 101.46' SEE DETAIL F -'-END-CONSTRUCLI ON Y I- V J z 0 F z 22.1f6L "$I' Ie2 2— 163t63 "gu )II t39 — 1131-2 ' NATIONAL CITY NLE, N \ [REMOVE CHAIN LINK FENCE \fl 2' LENGTH) 7 '52'47" E, 5. .IS' PEGISi FL1fDCIv�L.=`f,�NE En �O_' cszeir PLANS GPiFWHOi � " Lno : FMMI,LMIA(sclla ✓IISLv 4vLL of wrma rermvne r>rro Mary l Of EfpA" bNV/C, a ;ode; of His Om flog '8': 103463.64 EC MATCH LINE SEE SHEET L-5. STA 108+00.00 7 "J• ". 7 J i SENSIT IVENAREAY OUT 1 5O' L-4 "r; CT ENGINEER sc. STATE Of CALIFORNI MAICH LINL SLL SFILLI L-4, SIA 108+00.00 NOILI FOR COMPLETE RIGHT OF WAY ANO ACCURATE ACCESS DATA . SEE RIGHT OF WAY RECORD MAPS AT DISTRICT OFFICE. D.M. STEBBI,NS DEVELOPMENT ts NATIONAL CITY CURVE DATA CURVE R A T L () 66' 96'13'22" 72.47' 109.16' 1320'57" 9.36' 18.64' 0 60' 19.20' (D 100' 11005" 9.63' 0 100' 19'17'46" 17.00' 33.68' "8" 111+39 22 BC' CHULA VISTA CITY LIMITS SWEETWATER RIVER 5 STATE R/W LIMITS CHULA VISTA • ENVIIONMNTALLY SENDITIVE AREA 9. N 79 2T E 1 1 41.91' ev472 &). ... 0 0 9 - 88-115+32.63 I 11 PARADI4-MeA BIKE PATH BRIDGE BR NO SY-CIK‘ • BEGIN ROCK SLOPE PROTECTION "8- 114.11.00 2BMECSID END ROCK l_OPE ENVIRONMENTALLY SENSITIVE AREA C; 10 111 ID -J 0 VI uJ z -J 1.1 REGISTERED CIVIL EUCIKER PLANS APPROVAL OATE fle Sfee V LonfloTla or Ns cillefts YVW, sherre1to re Ar I c =Artful er tleciffek <Wes a'Nt, rim Ow LAYOU SCALE: =5 EXHIBIT "B" STANDARD LICENSE PROVISIONS TABLE OF CONTENTS DESCRIPTION PAGE 1. Payment Review 1 2. Notices 1 3. General Restrictions 2 4. Licensor's Facilities 2 5. Alterations 2 6. Environmental Compliance 2 7. Compliance with Law 4 8. Assumption of Risk 5 9. Electric and Magnetic Fields 5 10. Indemnification 6 11. Public Liability Insurance 6 12. Obstructions 6 13. Attorney's Fees 7 14. Condemnation 7 15. Breach of Conditions 7 16. Time of the Essence 7 17. Growing Crops or Tree Stock 7 18. General Order 69-C 8 19. Default 8 20. Condition of Premises - End of Term 8 21. Payment of Service Utilities 9 22. Audit Rights 9 23. Governing Law 9 24. Severability 9 25. Execution of License 9 EXHIBIT "B" Standard License Provisions San Diego Gas & Electric, LICENSOR 1. Payment Review: As provided in the License the base annual consideration shall be increased based on the following formula: The amount of annual consideration due will be computed by using the Consumer Price Index Number covering the cost of "all items" of goods and services purchased by all urban consumers in Los Angeles, Anaheim, Riverside, California, published by the United States Department of Labor, using the period 1982-84 = 100 as the base period. The annual consideration for each period subsequent to the first year of the License shall be computed by dividing the annual base consideration by the Index Number for the first month of the first year of the License. The amount derived is then multiplied by the average Index Number for the third and fourth months immediately preceding the anniversary date of each subsequent year of the License to determine the annual consideration. Notwithstanding the above, the annual consideration shall not be reduced below the annual consideration for the preceding year. If there is no such Consumer Price Index published at the time of any periodic mathematical computation required by this paragraph, but a comparable Index is published by any agency of the United States Government, such latter Index shall be selected by LICENSOR. If no such comparable Index is then published, the computation will be made in accordance with the change in the cost of living and, if not arrived at by agreement of the parties, will be determined by arbitration under the rules and procedures of the American Arbitration Association. 2. Notices: Notices to be given under the License shall be deemed given when placed by either party in the United States mail, postage prepaid, certified, and addressed to the LICENSEE at the address in the License and to LICENSOR: San Diego Gas & Electric Company Attention: Real Estate Operations P. O. Bos 1831 San Diego, CA 92112 B-1 3. General Restrictions: No trailers or house trailers shall be parked in or on the Licensed Premises. No storage parking shall be allowed on the Licensed Premises unless specifically allowed elsewhere in this License. LICENSEE shall not live or reside on and shall not permit anyone, including its agents, servants, employees, contractors or any third person whatsoever, to live or reside on the Licensed Premises. LICENSEE shall (a) at all times keep the Licensed Premises clean, and free from rubbish, public nuisances, weeds, brush, flammable materials, growth, debris, and waste, and in a condition satisfactory to LICENSOR and (b) shall guard against erosion or fires occurring upon the Licensed Premises. 4. LICENSOR'S Facilities- LICENSEE'S use of the Licensed Premises shall not interfere or conflict with LICENSOR'S use and ownership of the Licensed Premises, and LICENSOR shall at all times have the right to enter and use the Licensed Premises for any purpose, including, but not limited to installation and maintenance of facilities and equipment at such locations and at such elevations as LICENSOR may or in the future deem advisable. LICENSEE accepts the Licensed Premises subject to the foregoing. LICENSOR shall have the right to trim any trees, brush, or roots on the Licensed Premises when necessary for the safety of its facilities. 5. Alterations: LICENSEE shall not make or allow to be made any alterations of the Licensed Premises, except as provided in the paragraph entitled "Use of the Premises" in the License. For those alterations which are allowed by the License, LICENSEE shall not begin work until prior written consent for specific construction and landscaping plans is obtained from LICENSOR which consent will not be unreasonably withheld. LICENSEE shall keep the Licensed Premises free from any liens arising from such work performed, material furnished, or obligations incurred by LICENSEE, or arising from any taxes or assessments levied or assessed upon LICENSEE or the Licensed Premises by reason of the use of, or anything done or permitted by LICENSEE upon such premises. LICENSEE shall obtain appropriate permits and a completion bond, for LICENSOR'S approval, in the amount of the proposed improvements prior to beginning any alterations. 6. Environmental Compliance: LICENSEE shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether, legal or illegal, accidental or intentional) of any hazardous or toxic substances, materials or wastes, or any wastes B-2 regulated under any local, state or federal law. All substances/materials to be used by LICENSEE at this site are set forth on Schedule "A", attached hereto. LICENSEE shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). LICENSEE shall not create nor permit to be created nor permit to exist upon the Premises any non-compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). LICENSEE shall contain any Harmful condition to prevent it from deteriorating. LICENSEE shall notify LICENSOR immediately of any Harmful Condition or non-compliance with any Standard and LICENSEE shall notify all responsible local, state or federal agencies as required by local, state or federal regulations. In the event LICENSEE fails to be in full compliance with the obligations assumed by LICENSEE herein and LICENSEE does not correct such non-compliance within three (3) days of written notice of such failure given by LICENSOR, LICENSOR may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If, however, LICENSEE has begun compliance within three (3) days of written notice, but such compliance cannot be accomplished within the allowed time frame, LICENSOR shall not interfere with LICENSEE'S good faith efforts. If compliance has not been accomplished within fifteen (15) days, LICENSOR may, but shall not be obligated to, take whatever action is necessary. LICENSEE shall reimburse LICENSOR for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by LICENSOR as a result of LICENSEE'S failure to comply with the foregoing obligations assumed by LICENSEE, and also such costs as may be incurred by LICENSOR in abating or protecting against Harmful Conditions and/or a violation of Standards. B-3 LICENSEE shall indemnify, defend, and hold LICENSOR, its employees and agents, harmless from and against any claim or lawsuit, local, state, or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of LICENSOR and LICENSEE, which arise during LICENSEE'S presence on, or negligent use of, the Premises. LICENSEE expressly agrees that the indemnification, and hold harmless obligations assumed by LICENSEE with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this License. 7. Compliance with Law: LICENSEE shall comply with all laws, ordinances, codes, zoning ordinances, and regulations of any Federal, State, Local or other public body or agency exercising jurisdiction over the Licensed Premises. LICENSEE shall maintain the Licensed Premises and any improvements according to zoning, and other standards, including, but not limited to, water, air and noise standards, set by such bodies or agencies. LICENSEE shall notify LICENSOR immediately of any non-compliance with any laws, ordinances, codes, zoning ordinances, and regulations of any Federal, State, Local or other public body or agency exercising jurisdiction over the Licensed Premises. The failure of LICENSEE to maintain the Licensed Premises and any improvements according to such standards, shall be construed as a default of this License. LICENSOR may, after giving ten (10) days written notice of such failure to LICENSEE, do any acts necessary to bring the Licensed Premises and improvements into compliance with such standards. If, however, LICENSEE has begun compliance within ten (10) days of written notice, but such compliance cannot be accomplished within the allowed time frame, LICENSOR shall not interfere with LICENSEE'S good faith efforts. If compliance has not been accomplished within thirty (30) days, LICENSOR may, but shall not be obligated to, take whatever action is necessary. LICENSEE agrees to repay LICENSOR for all costs, including but not limited to consulting, engineering, construction and legal costs incurred by LICENSOR in abating a violation of such standards, protecting against a threatened violation of such standards and paying any fine or assessment levied as a result of violation of such standards. LICENSEE shall further indemnify and hold harmless LICENSOR from any claim, loss, damage or injury, including any fines or penalties assessed by any agency, body or court, resulting from any violation of such B-4 standards in connection with LICENSEE'S negligent use of the Licensed Premises and improvements. LICENSEE shall, at its cost, undertake to respond to all such claims. 8. Assumption of Risk: LICENSEE acknowledges and expressly agrees that there are or may be high voltage lines, towers, poles, underground electric ducts, cables, wires, and high pressure gas or oil pipelines, valves and facilities, situated on, in, or near the Licensed Premises which are used by LICENSOR in its regular course of business. LICENSEE for itself, its agents, employees, independent contractors, invitees, licensees, permittees, and the agents and employees of each hereby assumes all risks, including those of an extra -hazardous nature, of injury to persons and damage to property arising out of the use of the Licensed Premises. LICENSEE for itself and for each of the above described persons hereby waives and releases LICENSOR from all liability as set forth above. If agricultural or horticultural use is being made of the Licensed Premises, LICENSEE further agrees to periodically warn and remind all of the above described persons, at least on a weekly basis during picking or harvesting, of such risk. LICENSEE also agrees to adopt any existing work methods or procedures and to use any existing equipment which will measurably reduce the amount of such risk. 9. Electric and Magnetic Fields: Electric and Magnetic Fields (EMF) are present whenever electricity flows - around appliances and power lines, and in offices, schools and homes. Most, but not all, childhood studies have reported a weak association between estimates of residential magnetic field exposure and certain types of childhood cancer. Worker studies have shown mixed results. Given the uncertainty of the issue, the medical and scientific communities have been unable to determine that EMF causes health effects or to establish any standard or level of exposure that is known to be either safe or harmful. Many researchers believe that if there is a risk of adverse health effects from EMF, it is probably low, but warrants further investigation. Recent concern focuses on exposure to magnetic fields rather than electric fields. Whenever anyone plans to license SDG&E property that is in close proximity to SDG&E electric facilities, we want to share with them the balanced information or literature we have about EMF if they are interested. We have attached to this license a packet that contains several sources of EMF information and that outlines SDG&E's policy in this area. Please let us know if you have questions or wish to have additional information. B-5 10. Indemnific tion: LICENSEE agrees to indemnify and hold LICENSOR, its officers, employees, agents or Licensees harmless from and against any and all demands, claims, suits, costs of defense, attorneys' fees, witness fees, including expert witness fees, liability, loss, costs, obligations or other expenses for damage to property or for injury to or death of any persons in any manner arising from (a) LICENSEE'S negligent use, maintenance, presence on or occupation of the Licensed Premises, (b) the presence of LICENSEE'S facilities upon the Licensed Premises, or (c) any act or omission of LICENSEE, its employees, agents or Licensees, or of any employees, agents or Licensees of its contractors, subcontractors or independent contractors. 11. Public Liability Insurance• LICENSEE shall, at its own expense secure and maintain in effect during the entire life of this License insurance coverage's as described herein, in amounts not less than the minimum limits specified, to protect LICENSOR and LICENSEE from claims or liabilities in any way arising out of the ownership, maintenance or use of the License Premises: (a) Workers' Compensation Insurance and Employer's Liability Insurance in accordance with statutory requirements and limits, including U. S. Longshoremen's and Harbor Workers' Compensation Act coverage, where applicable, (b) Comprehensive General Liability Insurance to include products -completed operations and contractual liability coverage for liability assumed by LICENSEE under this License, and automobile liability insurance, with limits of not less than $1,000,000 each occurrence for bodily injury and property damage combined. Such liability insurance shall name LICENSOR as additional insured, shall contain a severability of interest or cross liability clause and shall be primary for all purposes. Certificates of insurance evidencing the coverage's and provisions required in (a) and (b) above shall be furnished to LICENSOR prior to any use of the Licensed Premises by LICENSEE and shall provide that written notice be given to LICENSOR at least thirty (30) days prior to cancellation or reduction of any coverage. LICENSEE agrees, at request of LICENSOR, to increase the limits of insurance to meet the limits then required by LICENSOR for similar licenses of this type. The provisions of this paragraph shall not in any way limit any of LICENSEE'S other obligations or liabilities under this License. The LICENSEE has the right to self -insure these exposures. 12. Obstructions: Except as permitted by this License, LICENSEE shall not place, install, maintain, or allow any combustible materials, buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface B-6 elevation therein to be changed in any way whatsoever, without LICENSOR'S prior written approval. 13. Attorney's Fees: If either party hereto commences any legal action or proceeding against the other by reason of the alleged failure of the other to perform under this License, the party prevailing in said action or proceeding shall be entitled to recover, in addition to court costs, a reasonable attorney's fee to be fixed by the court. Such recovery shall include court costs and attorney's fees on appeal, if any. As used herein, "the party prevailing" means the party in whose favor fmal judgement is rendered. 14. Condemnation: If the whole or any part of the Licensed Premises shall be taken by any public or quasi -public authority under the power of eminent domain, this License shall cease as to that part so taken from the day possession of that part shall be required for any public purpose. On or before that day, LICENSEE shall elect in writing either to cancel this License or to continue as to the remainder of the Licensed Premises under the terms herein provided. If LICENSEE elects to continue, the consideration paid by LICENSEE for all subsequent years of this License shall be reduced by a percentage equivalent to the percentage the Licensed Premises was reduced in area by the taking. All damages awarded for such taking shall belong to and be the property of LICENSOR, with the exception that in the event LICENSEE should not be allowed to remove any fixtures or other personal property as provided by the terms of this License, then LICENSEE shall receive that portion of the award, paid to LICENSOR, which shall represent the value of LICENSEE'S property so retained. 15. Breach of Conditions: LICENSOR'S waiver of any one or more of the covenants, conditions, or agreements of this License shall not be construed to be a waiver of any subsequent or other breach of the same or any other covenant, conditions, or agreement of this License. LICENSOR'S failure to require or exact full complete compliance with any of the covenants, conditions, or agreements of this License shall not be construed as changing the terms hereof, and such failure shall not stop LICENSOR from enforcing the full provisions hereof. The terms of this License shall be amended only in writing by LICENSOR and LICENSEE. 16. Time of the Essence: It is mutually agreed that time is of the essence of each and all of the terms and provisions of this License. B-7 17. Growing Crops or Tree Stock: If, at the revocation or termination of this License, there are growing crops or tree stock on Licensed Premises in which LICENSEE has an interest, LICENSEE shall nonetheless leave the Licensed Premises and LICENSOR shall have the right to do with or dispose of said crops or stocks as LICENSOR sees fit without compensation, remuneration or liability to LICENSEE on account thereof. However, in the event that said crops or stock will mature within one month after the date of termination of this License, and if during the term hereof LICENSEE shall have requested extension of this License as herein provided, which extension was denied by LICENSOR, LICENSOR shall extend the term of this License for forty (40) days from the date of said termination for additional consideration based on a pro-rata amount of the consideration in effect at such time. 18. General Order 69-C: Notwithstanding any other provisions to the contrary, this License is expressly conditioned upon the right of LICENSOR to commence or resume the use of the property whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by General Order 69-C or any revision thereof or amendment thereto, of the Public Utilities Commission of the State of California. 19. Default: In the event of default by LICENSEE in the performance of any of the covenants, conditions or agreements hereof, LICENSOR shall give LICENSEE written notice as provided herein of the default. If the default is not cured or corrected to the satisfaction of LICENSOR within ten (10) days of said written notice LICENSOR may immediately revoke and terminate this License and LICENSEE shall forfeit all consideration paid. 20. Condition of Premises - End of Term: Upon termination or revocation of this License, LICENSEE shall surrender the Licensed Premises to LICENSOR in a condition satisfactory to LICENSOR, clean and free of debris. At LICENSOR'S option, and at no cost to LICENSOR, LICENSEE shall, within ten (10) days, remove from the Licensed Premises all buildings, structures, facilities, equipment and personal property of whatever nature belonging to LICENSEE and return the Licensed Premises to the condition in which it was in immediately prior to commencement of this License. If, within ten (10) days, LICENSEE has failed to remove its property and/or return the Licensed Premises to its original condition, LICENSOR may, at its option, remove LICENSEE'S property and restore the Licensed Premises to its original condition, and LICENSEE hereby agrees and covenants that it shall pay to LICENSOR all expenses of LICENSOR including, but not B-8 limited to, labor costs, including overhead expenses, rental of storage space, equipment rental, materials and fuel costs of machinery. 21. Payment of Service Utilities: LICENSEE shall pay for all utilities furnished to the Licensed Premises during the term of this License or any renewal thereof, including but not limited to electricity, gas, water and telephone service. 22. Audit Rights. t(A) LICENSOR reserves the right to audit any books, records, receipts, purchase orders, settlements and other documentation and supporting information relating to this Agreement. Any such audit (s) shall be undertaken by an employee of LICENSOR or its contracted representative (s) from a Certified Public Accounting Firm at reasonable business hours and in conformance with generally accepted auditing standards. LICENSEE agrees to fully cooperate with any such audit (s). (B) If such audit shows a deficiency in any percentage payment for the period covered, the amount thereof shall be paid within fifteen (15) days by LICENSEE. If such audit shall show percentage payments to have been overpaid, the excess shall be applied to any amounts there due to LICENSEE. If any deficiency in percentage varies by more than three percent (3%) over figures submitted by LICENSEE, LICENSEE shall pay for the audit; if audit verifies LICENSEE'S figures within three percent (3%), expense of audit shall be borne by LICENSOR. 23. Governing Law: This License shall be governed by and construed in accordance with the laws of the State of California. 24. Severability: If any part, paragraph or provision of this Agreement should be invalid, then all the remaining parts, paragraphs and provisions shall continue to be fully effective. B-9 25. Execution of License: Execution of this Exhibit "B" as part of this License by LICENSEE and its return to LICENSOR shall not be binding on LICENSEE until LICENSEE has in fact signed and delivered this Exhibit "B" to LICENSOR. I have read and accept the foregoing Exhibit "B" to the License Agreement. LICENSEE: CITY OF NATIONAL CITY a Municipal Corporation Date: George aters, Mayor APPROVED AS TO FORM #3.2004 George H. Eiser, III City Attorney B-10 SCHEDULE "A" LICENSEE may use, only so long as LICENSEE is in full conformance and compliance with all State, Federal, and Local rules, regulations, and laws, the following substances for the following specified purposes: --NONE-- The use, storage, disposal, or handling of any material or sub -stances not identified above, or any misuse of the material or substances identified above, shall be considered a material breach and default of this License. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 17, 2002 AGENDA ITEM NO. 2 (-ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SCHATZ CONSULTING GROUP INC. TO PERFORM CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER PREPARED BY DEPARTMENT Stephen Kirkpatrick Public Works/Engineering EXPLANATION See Attached Explanation Environmental Review X NIA Financial Statement The fee agreed upon to perform is $27,000. Funds has been 629-409-500-598-8032 (-STAFF RECOMMENDA Approved y : e design and construction support services A... Finance Director b.. •et-d fort is work in the Capital Improvement Project Account Number /'— Account No. ;` r ✓ go3J -o° Adopt the Resolution that .'f.pro es contrac and authorizes the Mayor to execute the contract with Schatz Consulting Group to perform the consult' g services as described. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Resolution No. 2002-142 A-200 (9//99) EXPLANATION: The City has a Capital Improvement Project to install an integrated Security/Fire Alarm/Access Control system into the Martin Luther King, Jr. Community Center. This is an extension of the project that has been designed for the City Hall and Police Station Building, and is currently being installed in the City Hall Building. The system is fully integrated and reports to a head end in the Police Station Dispatch Office. It can be monitored at remote locations through an internet IP address. It is planned that the system will eventually expand to include all City Facilities and so has been designed to ensure that technology is capable of the expansion. The Community Center Building is the next building that will be integrated into the system. The expansion of the system into additional City Facilities will be the subject of future proposed CIP budgets. In order to implement this project, the City advertised a Request for Qualifications (RFQ) to select a consulting firm to provide design and construction support services for the City Hall and Police Station project. Five consulting firms submitted a Statement of Qualifications in accordance with the RFQ requirements. The five firms were: Construction Electronics, Inc. Poway, California MW Consulting Engineers, Inc. Spokane, Washington Pennell Consulting, Inc. Nine Mile Falls, Washington Schatz Consulting Group, Inc. Yorba Linda, California TransTech Systems, Inc. San Diego, California A selection committee consisting of Assistant City Manager Park Morse, MIS Manager Bernard Yeo, Director of Public Works/Engineering Burton Myers, Assistant Director of Public Works/ Engineering Stephen Kirkpatrick, and Facilities Maintenance Supervisor John Cole reviewed the statements and decided to interview three of the firms. In addition to the selection committee, representatives of the Police and Fire Department attended to the interviews. Schatz Consulting Group, Inc. (SCGI) was the unanimous chose to provide design and construction support services for the project. Schatz Construction Group was a very knowledgeable and responsive to the City's needs so the selection committee decided to enter into negotiations with them for the Community Center portion of the work. Agreement was reached on the required Scope of Work and the corresponding fee. The Scope of Work is explained fully in Section 2 and Exhibit A of the attached consulting contract. In summary, the scope of work also includes complete design, bid documents, and support during the bidding and construction phases of the project. RESOLUTION NO. 2002 — 142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SCHATZ CONSULTING GROUP, INC. TO PERFORM CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER t WHEREAS, the City desires to employ a consultant to design and monitor the construction of a integrated Security, Fire Alarm, Access Control System for the Martin Luther King, Jr. Community. Center building; and WHEREAS, it has been determined that Schatz Consulting Group, Inc., is a professional design and engineering firm and is qualified by experience and ability to perform the services desired by the City, and Schatz Consulting Group, Inc., is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Schatz Consulting Group, Inc., to design and monitor the construction of a integrated Security, Fire Alarm, Access Control System for the Martin Luther King, Jr. Community Center building. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SCHATZ CONSULTING GROUP INC. THIS AGREEMENT is entered into this 17`h day of September 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Schatz Consulting Group Inc., (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and monitor the construction of a integrated Security, Fire Alarm, Access Control System for the Martin Luther King, Jr Community Center Building. WHEREAS, the CITY has determined that the CONTRACTOR is a professional design and engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The work is further described as follows: a. The contractor shall complete design and construction documents for the installation of the integrated fire alarm/security/card access system in the Martin Luther King Jr. Community Center. b. The designed system will be fully compatible and integrated with the system already designed for the City Hall and Police Station Buildings, and currently being installed in the City Hall Building. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. Revised 52000 The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Mike Long hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution `of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. John Hofferbert thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work, including all reimbursables, described in Exhibit A shall not exceed the schedule given in Exhibit B ($27,000) without prior written authorization from the City of National City Director of Public Works/City Engineer or his designated representative. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The construction documents (tasks 1 through 4) will be completed within 60 days of the date of this agreement. The bid phase and the constuction phase tasks 5 and 6) will be completed within 8 months of the date of this agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereb}&..expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which 2 Standard Professional Services Contract -- Rev ised5/2000 authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and 3 Standard Professional Services Cont&ct -- Revised5/2000 Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR' s professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in 4 Standard Professional Services Contract -- Revised5/2000 conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services tq be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Standard Professional Services Contract -- Revised5/2000 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies that hold a current policyholder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not 6 Standard Professional Services Contract-- Revised5/2000 be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal, Express or the like); or sent by registered or certified mail, postage prepaid, return Standard Professional Services Contract -- Revised5/2000 receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Mr. Burton S. Myers Public Works Director/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Brett M. Schatz Principal Schatz Consulting Group Inc. 23001 East La Palma, Suite 230 Yorba Linda California, 92887 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests' conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Standard Professional Services Contract-- Revised5/2000 The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each ofvhich shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. "Exhibit A" - Detailed Scope of Work for design, and "Exhibit B" - Fee Schedule. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 9 Standard Professional Services Contact -- Revised5/2000 drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: By: George H. Waters, Mayor (Name) C CONTRACTOR (Two signatures corporatio APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Title) required if a TPep- _ tki4P_L.--__. . ame) (Title) 1 0 Standard Professional Services Contract -- Revised5/2000 Schatz Consulting Group, Inc. Integrated Security Systems, Fire Alarm and Access Control Consulting, Design & Engineering Services City of National City National City, California August 20, 2002 EXHIBIT A SCOPE OF SERVICES SCOPE OF INTEGRATED SECURITY SYSTEMS Consulting, design and engineering services for integrated security systems. Systems design and specification to include: Security Sub -Systems • CCTV • Access Control • Badging (if accepted by the City of National City) • Alarm • Console Design • Systems Integration and Infrastructure Engineering (Conduits, Cabling) SCOPE OF FIRE ALARM SYSTEMS Consulting, design and engineering service for building fire alarm systems. System specification and design to include: • Building Fire Alarms • Appropriate Fire Alarm Zoning • Manual Fire Alarm Stations • Speaker/Strobe Annunciators • Smoke/Heat Detectors • Mechanical Duct Detectors • Door Holder Release Systems • Pressure Monitor Supervisory Devices • Building and Main Fire Alarm Annuciators • Appropriate Annunciator Zoning • Automatic/Manual Voice Controls • Graphic Display • Code Compliance • NFPA 72 • NFPA 101 • NFPA 99 • NFPA 70 • Elevator Recall Page 1 of 4 Schatz Consulting Group, Inc. Integrated Security Systems, Fire Alarm and Access Control Consulting, Design & Engineering Services City of National City National City, California August 20, 2002 SCOPE OF SERVICES (Continued) SCOPE OF FIRE ALARM SYSTEMS (Continued) • HVAC Shut -down • Smoke Exhaust System Control • Damper Control (if feasible, required and/or desired) • UPS System Connection • Building Generator Monitor • Security System Integration • Off -Site Fire Alarm Reporting • Fireman Phone Systems • Infrastructure Engineering (Conduits, Cabling) SCOPE OF FINISH HARDWARE SPECIFICATION SERVICES Consulting, design and engineering service for building finish hardware specification development. System specification and design to include: • Finish Hardware (Wood & Hollow Metal Doors) • Security/Electrified Door Hardware • Aluminum/Glass Door Hardware • Herculite Door Hardware • Coordination of Specialty Doors • Coordination of Access Control Page 2 of 4 Schatz Consulting Group, Inc. Integrated Security Systems, Fire Alarm and Access Control Consulting, Design & Engineering Services City of National City National City, California August 20, 2002 EXHIBIT B PROFESSIONAL FEES SCGI has endeavored to produce an accurate job cost forecast, using normal industry methods and a detailed costing for the defined Scope of Work. Based on past experience and our best judgment, SCGI will undertake the described Scope of Work on an hourly rate fee, not -to -exceed, basis. SCGI CONSULTING, DESIGN & ENGINEERING FEES COMMUNITY CENTER Security and Fire Systems with Integration of Existing and to Existing Task #1 -Kick-Off Meeting Task #2- Program Confirmation Task #3- Schematic/Design Development Task #4- Bid Documents Task #5- Bid Phase Task #6- Construction Phase $1,000.00 $2,000.00 $11,000.00 $10,000.00 $1,000.00 $2,000.00 NOT TO EXCEED $27,000.00 Electrified/Finish Door Hardware Design & Engineering - N/C Page 3 of 4 Schatz Consulting Group, Inc. Integrated Security Systems, Fire Mann and Access Control Consulting, Design & Engineering Services City of National City National City, California August 20, 2002 EXHIBIT C SCHEDULE OF FEES The following hourly rate fees will be applicable to the work performed in connection with the specific Project described in the accompanying proposal. SCGI will hold firm our offer for 60 days. Principal $120.00/hr Project Manager $ 85.00/hr Security Systems Consultant $ 80.00/hr Fire Alarm Systems Consultant $ 80.00/hr Finish Hardware Systems Consultant $ 80.00/hr Professional Engineer (PE) $100.00/hr Security Systems Engineer $ 65.00/hr Fire Alarm Systems Engineer $ 65.00/hr Finish Hardware Systems Engineer $ 65.00/hr Computer Aided Design (AutoCAD) $ 55.00/hr Technical Staff Manager $ 80.00/hr Technical Operations Manager $ 70.00/hr Administration $ 35.00/hr Specification Writers Security Systems $ 85.00/hr Fire Alarm Systems $ 85.00/hr • Security/Electrified Door Hardware Systems $ 85.00/hr Hourly rates are determined by direct personnel expense, as defined by the American Institute of Architects, with a multiplier of 2.75. Page 4 of 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Sept 1 7 , 7007 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION TO AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM. PREPARED BySkip DiCerchio, Chief ere;(...-DEPARTMENTPolice Jose Tellez, Sergeant --- EXPLANATION The National City Police Department currently assigns a police officer to teach the D.A.R.E. program to all fourth grade students and the J.O.G. (Juveniles Out of Gangs) program to all fifth grade students in the National School District. This same officer, on a part time basis, along with three additional police officers assigned on a full time basis as School Resource Officers, provide campus security and general law enforcement services to the three Sweetwater Union High School District secondary schools located in National City. The salaries for the police officers as well as educational materials and supplies for the programs are currently funded by a joint funding agreement between the National School District and the City of National City. The City of National City also has a funding agreement with the Sweetwater Union High School District. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the following fiscal years: 95/96 through 01/02. The National School District and Sweetwater Union High School District have both indicated an interest in continuing the program. (...___ Environmental Review N/A Financial Statement If this resolution is approved the City of National City will be reimbursed the described funds in the amount of $ 154,808 from the National School District and the Sweetwater Union High School District. Account No. STAFF RECOMMENDATION Approve the resolution. BOARD I CO ISSION RECOMMENDATION ATTACHMENTSBelem!, 2002-143 1 Listed Bela . 1 Resolution No. Memorandum of Understanding from the National School District Memorandum of Understanding from the Sweetwater Union High Schoold District A -too (9/80) COUNCIL AGENDA STATEMENT RESOLUTION- D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM Page 2 The Board of the National School District and the Board of the Sweetwater Union High School District have each approved their respective proposed MOU with the City of National City for Fiscal Year 2002/2003. Undenthe proposed MOU with the National School District, the D.A.R.E./J.O.G./ School Resource Officer will be assigned approximately two thirds of his time, or 27 hours per week, to school campuses of the National School District. While on National School District campuses, the officer's primary duty will be the instruction of D.A.R.E. and J.O.G. curriculum. As time permits his duties may also include campus security and enforcement duties. Under the proposed MOU with the Sweetwater Union High School District, the D.A.R.E./J.O.G./School Resource Officer would be assigned to spend approximately one third, or 13 hours per week, of his time on Sweetwater Union High School District campuses assigned primarily to campus security and general law enforcement duties. The costs of funding the D.A.R.E./J.O.G./School Resource Officer under the proposed agreements will be paid as follows. D.A.R.E./J.O.G./School Resource Officer Funding (1 Officer) Percent Amount National City Police Department 50% $ 39,608 National School District 33.3% $ 26,379 Sweetwater Union H.S. District 16.7% $ 13,230 TOTAL COST 100 % $ 79,217 Additionally, $ 5,000 in material and supply costs would be divided in half with the National School District and National City Police Department each paying 50% or $ 2,500 of the material and supply costs for the D.A.R.E. and J.O.G. program. Under the proposed MOU with Sweetwater Union High School District for Fiscal Year 2002/2003, $ 13,230 will be paid by the District to the City of National City for the part time services of the D.A.R.E./J.O.G./ School Resource Officer. Additionally, $ 118,825 will be paid, by the Sweetwater Union High School District for 1 1/2 of three officers assigned full time to School Resource Officer duties. The Sweetwater School District will pay a total of $ 132,055. COUNCIL AGENDA STATEMENT RESOLUTION- D.A.R./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM Page 3 School Resource Officers (3) Full Time Positions: Percent/Positions Amount National City Police Department 50 % (1% officers) $ 118,825 Sweetwater Union H.S. District 50 % (1% officers) $ 118,825 TOTAL COST 100 % (3 officers) $ 237,650 The Sweetwater Union High School District is essentially paying the cost of one full time officer, one-half of a second full time officer, and one -sixth of the part time D.A.R.E./J.O.G. officer. The National City Police Department will pay the cost of one full time officer, one-half of the second officer, and fifty percent of the part time D.A.R.E./J.O.G. officer. The proposed MOU with the Sweetwater Union High School District would be retroactive to July 1, 2002. The proposed MOU with the National School District would be retroactive to July 1, 2002. Approval of the resolution would enable the Chief of Police to enter into the MOUs with the National School District and Sweetwater Union High School District to continue the existing programs. RESOLUTION NO. 2002 — 143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE CHIEF TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers and Juveniles Out of Gangs programs. WHEREAS, the costs of such programs include salary, benefits, materials and supplies; and WHEREAS, the National School District and the Sweetwater Union High School District wish to contribute their share toward the cost of said programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District respectively, for the School Liaison Officers and the Juveniles Out of Gangs programs. Said Memorandums of Understanding are on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of September, 2002. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and reducing the involvement of youth in gangs and drug abuse in National City are priorities to both the National School District and the National City Police Department. The influences that cause youth to become involved with street gangs and substance abuse begin to act on children during the pre -teen years. Children are not instinctively able to combat these forces and must be taught the negative effects of drug abuse and involvement with street gangs. Likewise children must also be taught techniques to resist peer pressure to join gangs and use drugs. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police. Department and youth in our community. Recognizing these factors, the National School District and the National City Police Department agree to work together to provide an educational program designed to deter children from substance abuse and becoming involved with street gangs; and to provide the presence of a police officer on campus to help maintain a secure environment. To this end the following are specific agreements between the National School District and National City Police Department. Role of the School District: The National School District agrees to: 1. Provide allotted time for Drug Awareness Resistance Education (D.A.R.E.) instruction in the 4th grade classes in the District. 2. Provide allotted time for Juvenile Out of Gangs (J.O.G.) instruction in the 5th grade classes in the District. 3. Coordinate scheduling with the J.O.G./D.A.R.E. instructor and the assigned police department supervisor. Memorandum of Understanding Page Two 4. Require classroom teachers to remain in the classroom for J.O.G./D.A.R.E. presentations. 5. Schedule orientation time for classroom teachers. 6. Schedule parent meetings as needed. 7. Designate a District staff person to regularly meet with the law enforcement agency to evaluate J.O.G., D.A.R.E and campus security needs. 8. Provide space for posting J.O.G. and D.A.R.E. material within classrooms and school grounds. 9. Provide adequate space for the J.O.G./D.A.R.E./School Resource Officer to carry out non - classroom duties. 10. Provide regular feedback to the law enforcement agency concerning the performance of the J.O.G/D.A.R.E/School Resource Officer. 11. Permit the J.O.G./D.A.R.E./School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 12. Commit audiovisual equipment for J.O.G, D.A.R.E. and other law enforcement related educational presentations. 13. Maintain a J.O.G./D.A.R.E question box in a prominent place in the classroom. 14. Permit the J.O.G./D.A.R.E/School Resource Officer to assign reasonable homework during the course of J.O.G. or D.A.R.E. instruction. 15. Reinforce the J.O.G. curriculum throughout the week by such activities as incorporating "J.O.G." words into weekly spelling tests and assigning J.O.G. related topics for themes. 16. Reinforce the D.A.R.E. curriculum throughout the week by such activities as incorporating "D.A.R.E." words into weekly spelling tests and assigning D.A.R.E. related topics for themes. 17. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. Memorandum of Understanding Page Three 18. Develop procedures to handle campus safety issues. 19. To establish and follow procedures for referring police involvement. 20. Abstain from calling upon the J.O.G./D.A.R.E. officer for enforcement duties while he/she is involved in classroom instruction except in emergencies. 21. The National School District will remit $ 26,379, payable to the National City Police Department Personnel Services Account, to offset costs of the JOG/DARE/School Liaison officer. One half of this amount, or $13,189, will be paid by January 1, 2003, the remaining one half, or $13,189, will be paid by May 1, 2003. By May 1, 2003, the District will also place $2,500, into the Juvenile Drug/Gang Education Fund held by the Treasurer of the City of National City to be used for supplies used in the J.O.G. and D.A.R.E programs. The City of National City will match the school district's contribution of $2,500, or 50% of the Juvenile Drug/Gang Education Fund. 22. Coordinate with the police department, other public and private agencies, community and civic groups to develop a community partnership in support of the J.O.G. and D.A.R.E. programs. Role of the National City Police Department: The National City Police Department agrees to: 1. Assign an uniformed police officer as the J.O.G./D.A.R.E./School Resource Officer. 2. Assign the J.O.G./D.A.R.E./School Resource Officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School District engaged in the following duties. • Instruction of anti -gang J.O.G. curriculum to all fifth grade students. • Instruction of anti -substance abuse D.A.R.E. curriculum to all fourth grade students. • Anti -drug and anti -gang parent education. • Training for teachers and other school staff on law enforcement and campus security issues. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). 3 Memorandum of Understanding Page Four . • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and/or damage to property Weapons on campus Alcohol and drugs on campus Truancy 3. Ensure that a J.O.G./D.A.R.E. instructor will be available to instruct at scheduled presentation times. 4. Ensure that the officer assigned as the J.O.G./D.A.R.E. officer receive all required training and any additional training deemed beneficial to his/her tasks. 5. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. 6. Schedule the J.O.G./D.A.R.E./School Resource Officer at one of the campuses each weekday. The J.O.G/.D.A.R.E./School Resource Officer will be afforded ample time to engage in informal interaction with the students. 7. Abstain from having the J.O.G./D.A.R.E/School Resource Officer perform enforcement duties during time scheduled for classroom instruction, except in cases of emergency. 8. Provide a weekly log accounting for the time and activities of the J.O.G./D.A.R.E./School Resource officer to a designated staff member of the National School District. 9. Pay salary and benefits for the police officer assigned as the J.O.G./D.A.R.E/School Resource Officer. 10. Coordinate with the school district, other public and private agencies, community and civic groups to develop a community partnership in support of the J.O.G. and D.A.R.E. programs. Memorandum of Understanding Page Five This Memorandum of Understanding shall be effective July 1, 2002, and shall remain in effect until June 30, 2003. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. (? (& A.L. DiCerchio George J. ' ameron, Ed. D. Chief of Police District Superintendent National City Police Department National School District S GOVERNING BOARD AGENDA ITEM Agenda Date: July 10, 2002 Prepared by: Katie Filzenger Department: Educational Services AGENDA ITEM: Approve Memorandum of Understanding with the National City Police Department to provide the Juveniles Out Of Gangs (JOG) and Drug Awareness Resistance Education (D.A.R.E.) Programs during the 2002-03 school year at a cost not to exceed $28,879. X Action Information BACKGROUND INFORMATION: Ensuring the safety of students and staff on school campuses and reducing the involvement of youth in gangs and drug usage in National City have been priorities in the National School District. The JOG program is designed to deter students from becoming involved with street gangs. The D.A.R.E. program is designed to deter students from substance abuse, and to teach them to make good choices in their lives. We entered into this MOU with the National City Police Department during the 1995- 1996 year, and have continued this relationship during the past five years with very positive results. Students are actively involved in the instructional program at grades four (D.A.R.E.) and five (JOG). Principals reported that they appreciated the presence of a uniformed office on campus and the quick and professional response of our Liaison Office when needed for enforcement. CURRENT INFORMATION: This MOU provides allotted time for DARE instruction to all fourth grade students and JOG instruction to all fifth grade students in the district. It provides for 27 hours per week of uniformed police officer time on school campuses for instruction, teacher training, participation in SARB, and enforcement. The district's financial responsibility for this program will be $ 28,879, which includes $ 26,379 to offset the cost of the School Liaison Officer and $ 2,500 for program supplies. The National City Police Department will match this contribution to provide a total of $5,000 in supplies and program incentives for students. ADDITIONAL DATA: NA COST IMPLICATIONS: $28,879 FUNDING SOURCE: Safe and Drug Free School (70%) and Tobacco Use Prevention (30%) to MEMORANDUM OF UNDERSTANDING BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security is enhanced by the presence of police officers. Police officers on campus also help improve relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District and the National City Police Department agree to undertake the following responsibilities to achieve these mutual objectives. A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support the National City Police Department to ensure the success of programs involving students, school personnel, parents and community. B. LAW ENFORCEMENT'S ROLE AND RESPONSIBILITY 1. To provide prevention/intervention by: . Developing classroom and faculty presentations related to youth and the law; . Attending parent conferences/meetings; . Attending S.A.R.B. and S.A.T. meetings; and . Scheduling security activities as needed. 2. To continue to work with: . Community agencies; and . South Bay Task Force. 1 Memorandum of Understanding Page Two 3. To continue training National City Police Department staff assigned to the school sites. 4. To work with school staff in matters of mutual concern such as: . Alcohol and drug use on campus . Safety of students and staff on campus . Gang related violence and crime . Campus intrusion . Loss and/or damage to property C. TIME FRAME This Memorandum of Understanding shall remain in effect for 2002 - 2003 fiscal year, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Understanding. D. LOCATION Prevention/education/training activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective communities. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 AND Memorandum of Understanding Page Three National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 F. ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOU at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and a second officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the Police Department and the Sweetwater Union High School District with each providing 50% of the funds. The funding will be at the following levels: Salary $ 60,224 Fringe Benefits $ 18,993 TOTAL $ 79,217 G. ASSIGNMENT OF PART TIME O1ir10ER COST The National City Police Department will assign an additional officer (fourth overall) on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 13 hours per week. The Sweetwater Union High School District will pay the City of National City, the amount of $ 13,229 one -sixth (16.7%) the cost of the officer for FY 02/03. The National City Police Department will provide the Sweetwater Union High School District with a weekly log which accounts for the time of the part time officer. Memorandum of Understanding Page Four This memorandum of understanding, Provisions A. through F. will be effective from July 1, 2002 to June 30, 2003. Provision G of this memorandum of understanding will be contingent upon the National School District and the City of National City signing a joint funding memorandum of understanding to pay the balance of costs of the officer assigned part time to the Sweetwater Union High School District that are not paid for by the Sweetwater Union High School District. Provision G. will become effective upon signature of the joint funding memorandum of understanding between the National School District and City of National City, but no earlier than July 1, 2002 and will remain in effect until June 30, 2003. The total amount of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director of National City will be the amount of $ 132,054: - Salary/Benefits one officer (100%) $ 79,217 - Salary/Benefits one officer (50%) $ 39,608 - Salary/Benefits one officer (16.7%) $ 13.230 Total funds due: $ 132,055 One half of this amount, or $ 66,027, will be paid no later than January 1, 2003. The remaining half, or $ 66,027, will be paid no later than May 1, 2003. This memorandum of understanding shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. SWEETWATER UNION CITY OF NATIONAL CITY HIGH SCHOOL DISTRICT By: r ,��e< -mac Date: Board Approval Date: July 17, 2002 Item #C-8 • Issue: Renewal of Memorandum of Understanding (MOU) between the Sweetwater Union High School District (SUHSD) and: • City of Chula Vista for School Resource Officers; • City of National City for School Resource Officers;. • City of San Diego for School Resource Officers; and • San_Diego County Sheriff's Department for Gang Intervention Specialist and School Resource Officer. Superintendent's Recommendation: Approve renewal of Memorandum of Understanding between the Sweetwater Union. High School District (SUHSD) and: • City of Chula Vista for School Resource Officers; • City of National City for School Resource Officers; • City of San Diego for School Resource Officers; and • San Diego County Sheriff's Department for Gang Intervention Specialist and School Resource Officer. Analysis: Chula Vista, National City, San Diego Police and Sheriffs' Departments provide uniformed School Resource Officers for all district schools in those jurisdictions. The City of Chula Vista will provide twelve officers and one agent that serve district schools and elementary schools. The City of Chula Vista and Sweetwater Union High School District agree to share the cost at 50% each. In addition, the agent position is also funded partially by the Chula Vista Elementary School District. The San Diego County Sheriff's Department through the City of Imperial Beach will provide one gang intervention specialist which assists Mar Vista High School in gang related incidents only and one resource officer which provides Mar Vista High School with law enforcement support. The City of Imperial Beach and the Sweetwater Union High School District agree to share half the cost. The City.of National City will" provide three officers, which are assigned to Sweetwater High School, National City Middle School, and Granger Junior High School. The City of National City and the Sweetwater Union High School District agree to each fund one officer. .The third officer is a shared cost.to both agencies at 50% each. ` -APPROVED • Page 1 of 2 Board Agenda Item C-8 July 17, 2002 The. City of San Diego will provide two officers, which are' assigned to Mar Vista Middle::School, Southwest Middle School, Montgomery Middle School, Southwest High School and Montgomery High School, with an additional third officer to be added. The City of San Diego and the Sweetwater Union High School District agree to fund half of the salary of the first two officers and half of the third officer to be paid from Safe and Drug Free School funding with the MOU to be reviewed annually. The officers under contract with SUHSD and the regular juvenile officers enable the district to provide approximately one (1) officer for every two (2) schools. The presence and pro -active support of law enforcement has greatly enhanced school security. School resource officers provide campus security and police follow-up, classroom presentations related to youth and the law,. attendance at parent meetings and student events, and participate on the School Attendance Review Board (SARB). Under the agreements, the Sweetwater Union High School District . funds the salary for: CURRENT OFFICERS/GANG INTERVENTION SPECIALISTS RESOURCE OFFICERS -POLICE DEPARTMENT CVPD *other '1/3 paid by NCPD SDPD S.D. Sheriff GANG INTERVENTION SPECIALIST S.D. Sheriff Fiscal Impact: NO. PAID BY. AGENCY 6 1/3 CVESD 1 5/6 1 1/2 1/2 NO. PAID. BY AGENCY 1/2 NO. PAID TOTAL NO. BY SUHSD OFFICERS 6 1/3 1 1/6 1 1/2 1/2 NO. PAID BY SUHSD 1/2 Rwlevid '7 the f Rance Officer 13 3 3 1 TOTAL NO. 1 Cost not to exceed $900,000. School Law Enforcement Grant will fund $400,000, and Safe and Drug Free Schools will fund $60,000, which is included within the 2002-2003 adopted budget. Page 2 of 2 Board Agenda Item C-8 July 17, 2002 City of National City, California COUNCIL AGENDA STATEMENT September 17, 2002 4 ,IEETING DATE AGENDA ITEM NO. \ ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY HEALTH CENTER AT 1419 E. 8111 STREET, NEAR HORIZONS ADULT DAY HEALTH CARE CENTER IN THE PALM PLAZA SHOPPING CENTER (APPLICANT: KALUSUGAN COMMUNITY SERVICES) (CASE FILE NO. CUP-2002-11) PREPARED BY Charley Marchesano.,. DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the September 3, 2002 public hearing. The attached Resolution is necessary to follow through on the action. Environmental Review X N/A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Adopt the attached Resolution d BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Bglgty ) Resolution Approved By: Finance Director Account No. Resolution No. A-200 (9:99) RESOLUTION NO. 2002 —144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY HEALTH CENTER AT1419 EAST 8Til STREET NEAR HORIZONS ADULT DAY HEALTH CARE CENTER IN THE PALM PLAZA SHOPPING CENTER APPLICANT: Kalusugan Community Services Case File No. CUP-2002-11 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a community health center at 1419 East 8th Street, near Horizons Adult Day Health Care Center in the Palm Plaza Shopping Center at the regularly scheduled City Council meeting of September 3, 2002, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2002-11 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 3, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 1,650 square foot building is large enough to accommodate the proposed Community Health Center as limited in occupancy by conditions of approval. 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 limited number of daily trips expected from the use will have little effect on area traffic since the site is served by East 8th Street, an arterial street designed to carry a high volume of traffic and currently operating well below its capacity. 3.. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval limit special events to weekends or evenings, when most other businesses in the center will be closed. In addition, noise from the use will be minor since all operations, including special events will be held inside the building, and conditions of approval require the rear door to the building to be closed during congregations. Resolution No. 2002 — 144 September 17, 2002 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the use will provide valuable health information and services to area residents. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a Community Health Center at 1419 East 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2002-11, dated May 6, 2002. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 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 the 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. 4. Maximum occupancy at the site shall be limited to no more than 75 persons at any one time. Larger gatherings shall be held at an off -site location. 5. Alcoholic beverages shall not be permitted at the site at any time. 6. No more than two dances shall be held each month. 7. The rear door to the building shall remain closed during all special events or other events which may create excessive noise. 8. Special events or activities, such as demonstrations, seminars, meetings, dances, etc., with more than 30 persons in attendance shall only be held on weekends or during weekday evenings after 6:00 p.m., and conclude no later than 11:00 p.m. Resolution No. 2002 —144 September 17, 2002 Page Three 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17th day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE September 17, 2002 5 AGENDA ITEM NO. "ITEMTITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWATER THEATERS IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO. CUP-2002-3) PREPARED ET Andrew Hoskinso 2 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the September 3, 2002 public hearing. The attached resolution is needed to follow through on the action. r Environmental Review Financial Statement N/A X_._ N/A Categorical Exemption >STAFF RECOMMENDATION Account No. Adopt the attached Resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution A-200 (9/80) 2002-145 Resolution No. RESOLUTION NO. 2002 —145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWATER THEATERS IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-3 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility near Sweetwater Theaters in Sweetwater Town and Country shopping center at the regularly scheduled City Council meeting of September 3, 2002, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2002-3 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 3, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility will be constructed in an unused portion of an existing shopping center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from Sweetwater Road, which is an arterial road. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the antennas will not be noticeable to passersby, and since the small equipment enclosure will be designed to match the nearby commercial buildings. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. Resolution No. 2002 —145 September 17, 2002 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2002-3, dated 6/25/2002. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" mannfartured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. Landscaping and irrigation systems disturbed or damaged during the construction of the wireless communications facility shall be replaced after construction is completed, subject to approval by the Planning Director. 6. The penmittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. - 8. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 9. The equipment building shall have a flat roof and a band of red tile to match the adjacent commercial building, Wunderland Arcade, in the center. 10. All equipment, antennas and facilities shall be continuously maintained so that the equipment and structures remain in good condition. Resolution No. 2002 — 145 September 17, 2002 Page Three 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fonn, 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 the 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. 12. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of the Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17t1 day of September, 2002. George H. Waters, Mayor AT PEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 17, 2002 AGENDA ITEM NO. 6 ITEM TITLE WARRANT REGISTER #10 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #10 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No, STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,250,244.50. BOARD I COMMISSION COMMENATION ATTACHMENTS (Listed Below ) 1. Warrant Register#1,0 2. Workers Comp Warrant Register dated 08/28/02 3. Payroll Warrant Register dated 08/28/02 Resolution No. A-200 )9. 99) City of National City, California COUNCIL AGENDA STATEMENT .IEETING DATE September 17, 2002 AGENDA ITEM NO. 7 ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #11 R. Palazo DEPARTMENT Finance Ratification of Warrant Register #11 per Government Section Code 37208. r Environmental Review Financial Statement Not applicable. N/A Approved By: ance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 473,848.67. BOARD / COMMISSION /RECOMMEI}iDATION (:ono/GZ ATTACHMENTS ( Listed Below 1. Warrant Register #11 2. Workers Comp Warrant Register dated 09/04/02 Resolution No. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE September 17, 2002 8 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Mario Gonzalez -Garcia PREPARED BY Michael R. Dalla, CM EPARTMENT City Clerk EXPLANATION The claim of Mario Gonzalez -Garcia arises from an occurrence on July 14, 2002 and was filed with the City Clerk's Office on August 29, 2002 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 Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 i9 991 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 17, 2002 AGENDA ITEM NO. 9 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE , 2001 EDITION; ADOPTING APPENDIX A, B AND C OF SAID CODE, AND AMENDING ORDINANCE NO. 99-2160 AND CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY Kathleen Trees, Director DEPARTMENT Building and Safety EXPLANATION State law requires that the City of National City adopt the California Mechanical Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. The proposed amendments address permit expiration and renewal and are administrative in nature. These amendments remain the same as in the past. The majority of code changes made are editorial in the 2001 California Mechanical Code (C.M.C.). No substantial technical code changes are incorporated into the 2001 C.M.C. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board is scheduled to meet on September 16, 2002 for review and recommendations to the City Council in respect to the adoption of the California Mechanical Code. ATTACHMENTS ( Listed Bel,w ) Ordinance Resolution No. A-200 (9 991 FFSI ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE, 2001 EDITION, ADOPTING APPENDIX A, B AND C OF SAID CODE, AND AMENDING ORDINANCE NO. 99-2160 AND CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE a BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Mechanical Code, 2001 Edition, and adopts Appendix A, B and C of said Code. Section 2. The City Council of the City of National City hereby amends and deletes certain sections of the California Mechanical Code, 2001Edition, and amends Ordinance No. 99- 2160 and Chapter 15.14 of the National City Municipal Code to read: Sections: 15.14.005 15.14.010 15.14.015 15.14.020 15.14.025 15.14.030 15.14.035 15.14.040 15.14.045 15.14.050 CHAPTER 15.14 CALIFORNIA MECHANICAL CODE California Mechanical Code (2001 Edition) --Adopted Section 108.3 "Right of Entry" --Amended Section 1.10.0 `Board of Appeals"-- Amended Section 111.0 "Violations"-- Amended Section 114.4 "Expiration"-- Amended Section 114.7 "Permit Denial" --Added Section 115.2 "Mechanical Permit Fees"-- Amended Section 115.3 "Plan Review Fees"-- Amended Section 116.6.6.3 "Reinspections"-- Amended Table No. 1-1 "Mechanical Permit Fees" --Not Adopted 15.14.005 California Mechanical Code (2001 Edition) --Adopted. There is adopted by the city council, for the purpose of prescribing regulations governing the installation and maintenance of heating, ventilating, comfort cooling, and refrigeration systems within the limits of the city, and providing for the issuance of permits therefor, that certain document known as the California Mechanical Code and Appendix A, B and C thereof, as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission, being particularly the 2001 Edition thereof, save and except such portions as are deleted, modified or amended in this chapter, of which code one copy has been and is now filed in the office of the City Clerk; and the same is adopted and incorporated as if fully set out at length in this chapter, and from the date on which the ordinance codified takes effect, the provisions thereof shall be controlling within the city limits. 15.14.010 Section 108.3 "Right of Entry" —Amended. Section 108.3 of the California Mechanical Code is amended to read: 108.3. Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or when reasonable cause to believe that there 'exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. ' 15.14.015 Section 110.0 `Board of Appeals"-- Amended. Section 110.0 of the California Mechanical Code is amended to read: 110.0. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. 15.14.020 Section 111.0 "Violations"— Amended. Section 111.0 of the California Mechanical Code is amended to read: 111.0. Violations. Violation of any provisions of this code shall be punishable as a misdemeanor and cha11 carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.025 Section 114.4 "Expiration"-- Amended. Section 114.4 of the California Mechanical Code is amended to read: 114.4 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stoppedif the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 2 Mechanical Code Ordinance - 2002 1. Permits where work has not commenced. For permits where work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the California codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed 3 Mechanical Code Ordinance - 2002 for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons they are unable to continue work within the time required by this section. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the 'permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.14.030 Section 114.7 "Permit Denial" --Added. Section 114.7 of the California Mechanical Code is added to read: 114.7 Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.035 Section 115.2 Mechanical Permit Fees-- Amended. Section 115.2 of the California Mechanical Code is amended to read: 115.2 Mechanical Permit Fees. The fee for each permit shall be as set forth in the National City Fee Schedule adopted by the City Council. 15.14.040 Section 115.3 "Plan Review Fees"-- Amended. Section 115.3 of the California Mechanical Code is amended to read: 115.3. Plan Review Fees. When a plan or other data are required to be submitted by Section 113.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for Mechanical work shall be as set forth in the National City Fee Schedule. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the Fee Resolution. 15.14.045 Section 116.6.6.3 "Reinspections"-- Amended. Section 116.6 of the California Mechanical Code is amended to read: 116.6.6.3. Reinspections. To obtain a reinspection, the permittee shall file an application therefor in writing upon a form provided for that purpose and shall pay the reinspection fee as set forth in the National City Fee Schedule. 4 Mechanical Code Ordinance - 2002 15.14.050 Table No. 1-1 "Mechanical Permit Fees" --Not Adopted. Table No. 1-1 Mechanical Permit Fees is not adopted. PASSED and ADOPTED this day of , 2002. ATTEST: Michael Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 5 George H. Waters, Mayor Mechanical Code Ordinance - 2002 City of National City, California COUNCIL AGENDA STATEMENT METING DATE September 17, 2002 AGENDA ITEM NO. 10 AN ORDINANCL or iHr Cut COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING TIIE 1-1MaitTshN ELECTRICAL CODE , 2001, EDITION AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY, AND AMENDING ORDINANCE NO. 99-2161 AND CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY Ka leDire for DEPARTMENT Building and Safety EXPLANATION -y State law requires that the City of National City adopt the California Electrical Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Electrical Code are administrative in nature. The attached staff report addresses some of the more significant changes found in the 2001 California Electrical Code. Environmental Review 7( N/A (-Financial Statement N/A 1 STAFF RECOMMENDATION Introduce the Ordinance. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board is scheduled to meet on September 16, 2002 for review and recommendations to the City Council in respect to the adoption of the California Electrical Code. ATTACHMENTS ( Listed Below ) Staff report Ordinance Resolution No. A -zoo t9 99) 2001 California Electrical Code The 2001 California Electrical Code (C.E.C.) contains new requirements for bedrooms. Each bedroom is required to have arc -fault circuit -interrupter (AFCI) protection. This is a new type of protective device which is intended to reduce the number of fires by combining wire thermal protection with the mitigation of arcing effects in damaged wiring. Other changes to the code are mostly clarifications of existing language. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS, WITHIN THE CITY AND AMENDING ORDINANCE NO. 99-2161 AND CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Electrical Code, 2001 Edition and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. Section 2. The City Council of the City of National City hereby amends and deletes certain sections, and adds sections to the California Electrical Code, 2001 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, and amends Ordinance No. 99-2161 and Chapter 15.24 of the National City Municipal Code, to read as follows: CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE Sections: 15.24.005 California Electrical Code (2001 Edition) and the Uniform Administrative Code Provisions, (1996 Edition) --Adopted 15.24.010 Title 15.24.015 Section 201(c) "Right of Entry" --Amended 15.24.020 Section 202 "Unsafe Electrical Systems or Equipment" --Amended 15.24.025 Section 203 "Advisory and Appeals Board" --Amended 15.24.030 Section 204 "Violations" --Amended 15.24.035 Section 303(d) "Permit Issuance" --Amended 15.24.040 Section 15.24.040 "Permit Denial" --Amended 15.24.045 Section 304(a) "Permit Fees" --Amended 15.24.050 Section 304(b) "Plan Review Fees" --Amended 15.24.005 California Electrical Code (2001 Edition) and the Uniform Administrative Code Provisions (1996 Edition) --Adopted. There is adopted by the city council, for the purpose of prescribing regulations governing the installation, repair, operation, and maintenance of all electric wiring and electrical apparatus within the city, that certain code known as the California Electrical Code (2001 Edition) and the Uniform Administrative Code Provisions for the California Electrical Code (1996 Edition), prepared by the National Fire Protection Association and published by the California Building Standards Commission, and the whole thereof, save and except such portions as are hereinafter deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the city limits. 15.24.010 Title. These regulations shall be known as the "Electrical Code", may be cited as such and will be referred to herein as "this code". 15.24.015 Section 201(c) "Right of Entry" --Amended. Section 201 (c) of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition, is amended to read: 201(c) Right of entry. When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the building official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12,of the National City Municipal Code. 15.24.020 Section 202 "Unsafe Electrical Systems or Equipment" --Amended. Section 202 of the Uniform Administrative Code Provisions for the California Electrical Code, 1999 Edition, is amended by the addition of a second paragraph as follows: 202. Unsafe Electrical Systems or Equipment. No electric fence shall be constructed, maintained or operated within the City of National City. Electrical fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Section 203 "Advisory and Appeals Board" --Amended. Section 203 of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition is amended to read: 203. Advisory and Appeals Board. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have the jurisdiction to review the items as enumerated in Section 15.04 of the National City Municipal Code. 2 Electrical Code Ordinance - 2002 15.24.030 Section 204 "Violations" --Amended. Section 204 of the Uniform Administrative Code Provisions for the California Electrical Code, 1999 Edition, is hereby amended to read: 204. Violations. Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.035 Section 303(d) "Permit Issuance" --Amended. Section 303 (d) of the Uniform Administrative Code Provision for the California Electrical Code, 1999 Edition, is hereby amended to read: 303(d). Permit Issuance. Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the pernuttee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes are in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid. E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. Electrical Code Ordinance - 2002 2. Permits where work has commenced: For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3: Permits that have exceeded three years. For permits that have exceeded three years beyondthe issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.24.040 Section 303 "Permit Denial" --Amended. Section 303 of the Uniform Administrative Code Provisions for the California Electrical Code, 1999 Edition, is hereby amended by addition of the following: 303(f). Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 4 Electrical Code Ordinance - 2002 15.24.045 Section 304(a) "Permit Fees" --Amended. Section 304 (a) of the Uniform Administrative Code Provisions for the California Electrical Code, 1999 Edition, is amended to read: 304(a). Permit Fees. The fees for each electrical permit shall be as set forth in the National City Fee Schedule adopted by the City Council. 15.24.050 Section 304(b) Plan Review Fees --Amended. Section 304(b) of the Uniform Administrative Code Provision for the California Electrical Code, 1999 Edition, is amended to read: t 304(b). Plan Review Fees. When submittal documents are required by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fee shall be as set forth in the National City Fee Schedule adopted by the City Council. PASSED and ADOPTED this day of , 2002. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: Si George H. Eiser, III, City Attorney 5 George H. Waters, Mayor Electrical Code Ordinance - 2002 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 17, 2002 11 AGENDA ITEM NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA t E, 2001 EDITION, ADOPTING APPENDIX A, C AND H OF SAID CODE, AMENDING CERTAIN SECTIONS OF THE CALIFORNIA PLUMBING CODE, AND AMENDING ORDINANCE NO 99-2163 AND CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE. athleen Trees, Director Building and Safety PREPARED BY DEPARTMENT State law requires that the City of National City adopt the California Plumbing Code WillickflAtTleitical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. Staff is recommending that the California Plumbing Code be adopted with minimal administrative revisions. The 2001 California Plumbing code has not changed significantly from the 1998 California Plumbing Code. CEnvironmental Review Financial Statement N/A X N/A STAFF RECOMMENDATION Introduce the Ordinance. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board is scheduled to meet on September 16, 2002 for review and recommendations to the City Council in respect to the adoption of the California Plumbing Code. ATTACHMENTS ( Listed. Below ) Ordinance Resolution No. A-200 i9 99i t ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA PLUMBING CODE, 2001 EDITION ADOPTING APPENDIX A, C AND H OF SAID CODE, AMENDING CERTAIN SECTIONS OF THE CALIFORNIA PLUMBING CODE, AND AMENDING ORDINANCE NO. 99-2163 AND CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Plumbing Code, 2001 Edition, establishing regulations for the installation, maintenance and alteration of plumbing systems within the city. Section 2. The City Council of the City of National City hereby amends certain sections of the California Plumbing Code, 2001 Edition, and amends Ordinance No. 99-2163 and Chapter 15.20 of the National City Municipal Code, to read: Sections: 15.20.005 15.20.010 15.20.015 15.20.020 15.20.025 15.20.030 15.20.035 15.20.040 15.20.045 15.20.050 15.20.055 15.20.060 CHAPTER 15.20 CALIFORNIA PLUMBING CODE California Plumbing Section 102.2.2 Section 102.3.2 Section 103.3.4 Section 103.3.6 Section 103.4.1 Section 103.4.2 Section 103.4.4.2 Section 103.5.6 Section 103.10 Table No. 1-1 Table No. 4-1 Code (2001 Edition) --Adopted "Right of Entry" --Amended "Penalties"-- Amended "Expiration"-- Amended "Permit Denial" --Added "Permit Fees"-- Amended "Plan Review Fees"-- Amended "Investigation Fees"-- Amended "Reinspections"-- Amended "Advisory and Appeals Board --Added "Plumbing Permit Fees" —Not Adopted "Mmimum Plumbing Facilities"-- Amended 15.20.005 California Plumbing Code (2001 Edition) Adopted. There is adopted by the City Council, for the purpose of prescribing regulations for the protection of the public health, welfare and safety, that certain code known as the California Plumbing Code (2001 Edition), all appendices thereto, and IAMPO Installation Standards as copyrighted by the International Association of Plumbing and Mechanical Officials, (save and except those portions as are hereinafter deleted, added, modified or amended by this chapter), of which code one copy has been and is now filed in the office of the City Clerk; and the same is adopted and incorporated as if fully set out at length herein, and from the date on which the ordinance codified in this chapter takes effect the provisions thereof shall be controlling within the limits of the city. 15.20.010 Section 102.2.2 "Right of Entry" --Amended. Section 102.2.2 of the California Plumbing Code is amended to read: 102.2.2. Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause exists to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, -the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.015 Section 102.3.2 "Penalties"-- Amended. Section 102.3.2 of the California Plumbing Code is amended to read: 102.3.2. Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.20.020 Section 103.3.4 "Expiration"-- Amended. Section 103.3.4 of the California Plumbing Code is amended to read: 103.3.4. Expiration. Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the administrative authority within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: 2 Plumbing Code Ordinance - 2002 (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the California codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equalto one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 3 Plumbing Code Ordinance - 2002 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The administrative authority may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.20.025 Section 103.3.6 "Permit Denial" --Added. Section 103.3.6 of the California Plumbing Code is added to read: 103.3.6. Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.20.030` Section 103.4.1 "Permit Fees"-- Amended. Section 103.4.1 of the California Plumbing Code is amended to read: 103.4.1. Permit Fees. The fee for each permit shall be as set forth in the National City Fee Schedule adopted by the City Council. 15.20.035 Section 103.4.2 "Plan Review Fees"-- Amended. Section 103.4.2 of the California Plumbing Code is amended to read: 103.4.2. Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the National City Fee Schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the fee schedule. 15.20.040 Section 103.4.4.2 "Investigation Fees"-- Amended. Section 103.4.4.2 of the California Plumbing Code is amended to read: 103.4.4.2. Investigation Fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by the National City Fee Schedule adopted by the City Council if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code, nor from any penalty prescribed by law. 4 Plumbing Code Ordinance - 2002 15.20.045 Section 103.5.6 "Reinspections"-- Amended. The fourth paragraph of Section 103.5.6 of the California Plumbing Code is amended to read: To obtain reinspection, the applicant shall file an application in writing upon a form furnished for that purpose and pay the reinspection fee as set forth in the National City Fee Schedule adopted by the City Council. 15.20.050 Section 103.10 "Advisory and Appeals Board" --Added. Section 103.10 of the California Plumbing Code is added to read: 103.10. Advisory and Appeals Board. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. 15.20.055 Table No. 1-1 "Plumbing Permit Fees" --Not Adopted. Table No. 1-1 titled Plumbing Permit Fees is not adopted. 15.20.060 Table No. 4-1 "Minimum Plumbing Facilities" —Not adopted for other than stadiums, convention centers, commercial halls and ski resorts. Table No. 4-1 titled Minimum Plumbing Fixtures is not adopted except for stadiums, convention centers, commercial halls and ski resorts as required by the Building Standards Commission. PASSED and ADOPTED this day of , 2002. ATTEST: Michael Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 5 George H. Waters, Mayor Plumbing Code Ordinance - 2002 City of National City, California COUNCIL AGENDA STATEMENT . IEETING DATE September 17, 2002 AGENDA ITEM NO. 12 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING VOLUMES I AND II OF THE CALIFORNIA BUILDING CODE , 2001 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 9, 10, 12(DIVISION HA), 15, 31(DIVISION III) AND 34 DIVISION (DIVISION III); PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 99-2157 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE Kathleen Trees, Director Building and Safety PREPARED BYEPARTMENT EXPLANATION State law requires that the City of National City adopt the California Building Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. Staff is recommending that the City continue to require shake roofs to be Class A fire -retardant due to the local climatic conditions. This is more restrictive than the state requirement for ordinary roof coverings. All other amendments concerning permit expiration and renewal remain the same as in the past. The amendments include reference to the National City Municipal Code requirements pertaining to notices and orders and appeals. These have worked well in National City. The attached staff report addresses some of the more significant changes found in the 2001 California Building Code. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD I COMMISSION RECOMMENDATION The Advisory and Appeals Board is scheduled to meet on September 16, 2002 for review and recommendations to the City Council in respect to the adoption of the California Building Code. ATTACHMENTS ( Listed Below ) Staff report Ordinance Resolution No. A-200 i9 99•• STAFF REPORT This year the California Building Standards Commission chose not to adopt the International Family of Codes developed by the International Codes Conference that ICBO is a member of. They chose instead to retain the 1997 UBC and adopt the 2000 Uniform Codes developed by the International Association of Plumbing and Mechanical Officials and the National Fire Protection Association. During this cycle of code adoptions the State Building Standards Commission has chosen to continue using the 1997 Uniform Code as the model code rather than adopt the 2000 International Building Code published by ICBO and ICC. This will be the first time in many years that the State has not adopted the most current code. The seismic provisions we will be using will not be the most current. No changes have been made to the base code. Any changes are in the State amendments. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II OF THE CALIFORNIA BUILDING CODE, 2001 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 9, 10, 12 (DIVISION HA), 15, 31 (DIVISION III) AND 34 (DIVISION III); PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 99-2157 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts Volumes I and II of the California Building Code, 2001 Edition, published by the International Conference of Building Officials and the Building Standards Commission. Section 2. The City Council of the City of National City hereby amends certain sections and adopts certain Appendix Chapters of Volume I of the California Building Code, 2001 Edition and amends Ordinance No. 99-2157 and Chapter 15.08 of the National City Municipal Code to read as follows: Sections: 15.08.010 15.08.015 15.08.020 15.08.025 15.08.030 15.08.035 15.08.040 15.08.045 15.08.050 15.08.055 15.08.060 15.08.065 15.08.070 15.08.075 15.08.080 15.08.085 15.08.090 15.08.095 CHAPTER 15.08 CALIFORNIA BUILDING CODE California Building Code --Adopted Section 102 "Unsafe Buildings or Structures" --Amended Section 103 "Violations" --Amended Section 104.2.3 "Right of Entry" --Amended Section 105.1 "Board of Appeals" --Amended Section 106.2.5 "Exempted Work" --Amended Section 106.2 "Exempted Work" --Amended Section 106.4.4 "Expiration" --Amended Section 106.4.6 "Permit Denial" --Added Section 107.2, 107.3, 107.5.2 "Fees" --Amended Section 107.7 "Permit Filing Fees" --Added Section 108.8 "Reinspections"--Amended Section 109.4 "Temporary Certificate" --Amended Chapter 1 Table 1-A "Building Permit Fees" --Not Adopted Section 502 "Premises Identification" --Amended Sections 1507.12 and 1507.13 "Roof Covering Materials and Application" --Amended Seetietn 3403.5 "Historical Buildings" --Amended Appendix Chapters --Not Adopted i 15.08.010 California Building Code --Adopted. There is adopted by the City Council, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance, and maintenance of all buildings and/or structures, that certain code known as the California Building Code, Volume I including Appendix Chapters 9, 10, 12 (Division IIA), 15, 31 (Division III), 34 (Division III), and Volume II, published by the International Conference of Building Officials and the California Building Standards Commission being particularly the 2001 Edition thereof, save and except such portions as are deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 15.08.15 Section 102 "Unsafe Buildings or Structures" --Amended. Section 102 of the California Building Code is amended to read: 102. Unsafe Buildings or Structures. All buildings or structures regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendages. Abandoned buildings or structures or portions thereof in incomplete condition inherently constitute a hazard, are substandard, dangerous, and unsafe, and declared a public nuisance by reason of unprotected trenches and excavations, projecting structural elements, open piping systems, exposed electrical conductors and/or other conditions characteristic of construction projects. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Dangerous Buildings Code or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 15.08.020 Section 103 "Violations" --Amended. Section 103 of the California Building Code is amended to read: 103. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. 2 Building Code Ordinance - 2002 Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.025 Section 104.2.3 "Right of Entry" --Amended. Section 104.2.3 of the California Building Code is amended to read: 104.2.3. Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there xist in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.08.030 Section 105.1 "Board of Appeals"-- Amended. Section 105.1 of the California Building Code is amended to read: 105.1. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.08 of the National City Municipal Code. 15.08.035 Section 106.2.5 "Exempted Work"-- Amended. Section 106.2.5 of the California Building Code is amended to read: 106.2.5. Permits for retaining walls shall be as specified in the City Grading Ordinance, Chapter 15.70. 15.08.040 Section 106.2 "Exempted Work"-- Amended. Section 106.2 is amended to add the following exempted work: 13. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities. 14. Repairs to lawfully existing Group R, Division 3 structures and Group U occupancies accessory to Group R, Division 3 structures constructed under a building permit which involve only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components and plumbing, electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: 3 Building Code Ordinance - 2002 15. diameter and 16. (1) Painting and decorating including refinishing of existing exterior stucco finishes. (2) Installation of floor covering. (3) Cabinet work. (4) Outside paving. (5) Replacement of existing windows with new windows which do not involve structural modification of the existing window opening Ground -mounted satellite antennas not exceeding ten feet in roof mounted satellite antennas not exceeding eight feet in diameter. Painted wall signs and styrofoam wall signs. 15.08.045 Section 106.4.4 "Expiration"-- Amended. Section 106.4.4 of the California Building Code is amended to read: 106.4.4 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not been commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the model codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the model codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee 4 Building Code Ordinance - 2002 shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for/such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A); (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.08.050 Section 106.4.6 "Permit Denial" --Added. Section 106.4.6 of the California Building Code is hereby added to read: 106.4.6 Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 5 Building Code Ordinance - 2002 15.08.055 Sections 107.2, 107.3 and 107.5.2 "Fees"-- Amended. Sections 107.2, 107.3 and 107.5.2 of the California Building Code are amended to read: 107.7. 107.2 Permit Fees. The fees for each permit shall be as set forth in the National City Fee Schedule adopted by the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire - extinguishing systems and any other permanent equipment. The building official may use the schedule of Building Valuation Multipliers as adopted by the San Diego Area Chapter of the International Conference of Building Officials in making determinations of value or valuation. 107.3 Plan Review Fees. When plans and/or other data are required to be submitted by Section 106.3.2, a plan review fee as contained in the National City Fee Schedule adopted by the City Council shall be paid at the time of submitting plans and/or other data. The plan review fee specified in this subsection are separate fees from the permit fees specified in Section 107.2, and are in addition to the permit fees. 107.5.2 Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The fee shall be as set forth in the National City Fee Schedule adopted by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 15.08.060 107.7 "Permit Filing Fee" --Added. The following fee is added to Section 107.7. Permit Filing Fee. A permit filing fee as set forth in the National City Fee Schedule adopted by the City Council shall be paid for each project submitted to the City for review. 15.08.065 Section 108.8 "Reinspections"-- Amended. Section 108.8 pf the California Building Code is amended to read: 108.8. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. 6 Building Code Ordinance - 2002 Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re -inspection, the pennittee shall file an application therefor in writing upon a form provided for that purpose, and pay the re -inspection fee as specified in the National City Fee Schedule adopted by the City Council. In instances where re -inspection fees have been assessed, no additional inspection of work will be performed until the fees have been paid. 15.08.070 Section 109.4 "Temporary Certificate"-- Amended. Section 109.4 of the California Building Code is amended to read: 109.4. Temporary Certificate. Where a project or a major portion thereof is substantially complete but practical difficulties delay completion of work involving conditions imposed upon the project by the City, the building official may issue a temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire project. Prior to the issuance of a temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with written approval or disapproval of the issuance of temporary Certificate of Occupancy approval to the building official. Upon receipt of approval of all affected City departments, the building official shall prepare a written document granting temporary Certificate of Occupancy approval which shall include the following: 1. The work to be done. 2. The maximum time allowed for completion of all work. 3. The property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is complete. 4. Evidence that a faithful performance bond has been posted if required by any affected City department. A copy of a written document granting temporary Certificate of Occupancy approval shall be provided to all affected City departments. 15.08.075 Chapter 1, Table 1-A `Building_Permit Fees" --Not Adopted. Chapter 1, Table 1-A Building Permit Fees of the California Building Code is not adopted. 15.08.080 Section 502 "Premises Identification"-- Amended. Section 502 of the California Building Code is amended to read: 7 Building Code Ordinance - 2002 502. Premises Identification. Every principal building or structure located within the incorporated limits of the City of National City shall be identified by a designated street number'as issued by the Director of Building and Safety. Approved numbers, or addresses, shall be placed on all new and existing buildings adjacent to the principal entrance where the numbers posted at the entrance shall be posted on the building or at a point that is plainly visible and legible from the street which is addressed. If necessary, directional signs shall be posted showing proper access to a given address, from the point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be placed on a contrasting background. 15.08.085 Sections 1507.12 and 1507.13 "Roof -covering Materials and Application"-- Amended. The City Council specifically and expressly finds and declares that the density of development and the existence of ocean breezes and the existence and use of dry untreated wood shakes and shingle roofs create conditions which contribute significantly to the potential spread of fire, which thereby necessitates that the roof -covering requirements of Section 1507.12 and 1507.13 of the California Building Code must be more reasonably restrictive to minimize fire spread and are therefore amended as follows: 1507.12. Wood shakes. Shakes shall comply with California Building Code Standard No. 15-3, shall be Class A fire retardant, and shall be installed in accordance with Table No. 15-B-2. 1507.13. Wood shingles. Shingles shall comply with California Building Code Standard No.15-4, shall be Class A fire retardant, and shall be installed in accordance with Table No. 15-B-2. 15.08.090 Section 3403.5 "Historical Buildings"-- Amended. Section 3403.5 of the California Building Code is amended to read: 3403.5 Historical Buildings. The repair, alteration, enlargement, maintenance and moving of historical buildings designated in National City Municipal Code Section 18.139.020 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Code of Regulations) and shall be subject to the review of permit requirements of National City Municipal Code Section 18.139.030. 15.08.095 Appendix Chapters --Not Adopted. Appendix Chapters 3, 4, 11, 12 (Divisions I and II), 13, 29, 30, 31 (Division I and II) and 34 (Division I and II) are not adopted. 8 Building Code Ordinance - 2002 Section 3. The City Clerk shall transmit a certified copy of this ordinance to the State Building Standards Commission for filing in accordance with Health and Safety Code Sections 17958.7 and 18941.5. PASSED and ADOPTED this day of , 2002. ATTEST: Michael Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 9 Building Code Ordinance - 2002 City of National City, California COUNCIL AGENDA STATEMENT eEETING DATE September 17, 2002 AGENDA ITEM NO. 13 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 2000 EDITION , AND AMENDING ORDINANCE NO. 99-2162 AND CHAPTER 15.22 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY athleen Trees, Director DEPARTMENT Building and Safety EXPLANATION 4 The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 2000 Uniform Swimming Pool, Spa and Hot Tub Code. The proposed administrative amendments to the code are designed to bring the code into conformance with the administrative provisions of other model codes adopted by the City of National City as well as the administrative provisions of the National City Municipal Code. The barrier requirements are again modified to comply with the state standards. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board is scheduled to meet on September 16, 2002 for review and recommendations t the City Council in respect to the adoption of the Uniform Swimming Pool, Spa and Hot Tub Code. ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A-200 (9.99) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 2000 EDITION, AND AMENDING ORDINANCE 99-2162 AND CHAPTER 15.22 TO THE NATIONAL CITY MUNICIPAL CODE RELATING TO SWIMMING POOLS, SPAS AND HOT TUBS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the Uniform Swimming Pool, Spa and Hot Tub Code, 2000 Edition. Section 2. The City Council of the City of National City hereby amends certain Sections of the Uniform Swimming Pool, Spa and Hot Tub Code, 2000 Edition and amends Ordinance 99-2162 and Chapter 15.22 of the National City Municipal Code as follows: Sections: 15.22.005 15.22.010 15.22.015 15.22.020 15.22.025 15.22.030 15.22.035 15.22.040 15.22.045 Chapter 15.22 UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE Uniform Swimming Pool, Spa and Hot Tub Code (2000 Edition) -- Adopted Section 104 "Administrative Authority" --Amended Section 105.1 "Duties and Powers of the Administrative Authority"-- Amended Section 106 "Violations and Penalties"-- Amended Section 107 "Permit Required"-- Amended Section 110 "Fees"— Amended Section 117 "Board of Appeals"-- Amended Section 202 "Definitions"-- Amended Section 320 "Barrier Protection Required" --Added 15 22 005 Uniform Swimming Pool, Spa and Hot Tub Code (2000 Edition) -- Adopted. There is adopted by the City Council for the purpose of prescribing regulations governing the erection, installation, construction, enlargement, alteration, addition, repair, replacement, maintenance, and use or occupancy of any swimming pool, spa, or hot tub that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code as copyrighted by the International Association of Plumbing and Mechanical Officials, being particularly the 2000 Edition, save and except such portions as are hereinafter deleted, modified, or amended, of which one copy is now on file in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length in this chapter and from the date on which the ordinance codified in the chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 15.22.010 Section 104 "Administrative Authority" --Amended. Section 104 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 104. Administrative Authority. The Director of Building and Safety is hereby designated as the Administrative Authority for the purposes of enforcement of this code. 15.22.015 Section 105.1 "Dudes and Powers of the Administrative Authority"-- Amended. Section 105.1 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following: 105.1 Duties and Powers of the Administrative Authority. The San Diego County Health Department and/or its authorized representatives are authorized to enforce this code in accordance with the terms of the agreement between the City of National City and the San Diego County Health Department. 15.22.020 Section 106 "Violations and Penalties"-- Amended. Section 106 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 106. Violations and Penalties. Violations of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use that is authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. 2 Swimming Pool Code Ordinance Section 15.22.025 Section 107 "Permit Required"-- Amended. Section 107 of the Uniform Swimming Pool, Spa and Hot Tube Code is amended by adding the following subsection 107.4: 107.4 Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the administrative authority within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the model codes is in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the model codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: 3 Swimming Pool Code Ordinance (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall is paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons they are unable to continue work within the time required by this chapter. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (e) The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where exists unlawful construction, or where exists a violation of the National City Municipal Code. Section 15.22.030 Section 110 "Fees"-- Amended. Section 110 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 110. Fees. Every applicant for a permit to install, remove, alter, repair or replace or cause to be ialled, removed, altered, repaired, or 4 Swimming Pool Code Ordinance replaced any swimming pool, spa or hot tub; any swimming pool, spa or hot tub plumbing, gas or draining piping; or any swimming pool, spa, or hot tub heater, fixture, or water treating equipment in a building or premises shall first state in writing on the application for a permit provided for that purpose, the character of work proposed to be done. Such applicant shall pay at the time of making application, a plan check fee in accordance with the Fee Resolution adopted by the City Council. Upon approval of plans and specifications by the administrative authority, the applicant shall pay permit fees as set forth in the Fee Resolution adopted by the City Council. Any person who shall commence any swimming pool, spa, or hot tub work for which a permit is required by this code without having obtained a permit therefore, shall, if subsequently permitted to obtain a permit, pay an investigation fee equal to the permit fee provided, however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore, before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if such permit is not obtained within 3 working days of the completion of such emergency work, an investigation fee as herein provided shall be charged. Section 15.22.035 Section 117 "Board of Appeals"-- Amended. Section 117 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 117. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. Section 15.22.040 Section 202 "Definitions"-- Amended. Section 202 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by the addition of the following definitions: Above Ground/On Ground Pool — See definition of swimming pool. Approved safety pool cover — means a manually or power -operated safety pool cover that meets all of the performance standars of the American Society of Testing and Materials (ASTM) in compliance with Standard F1346-91. Enclosure — is a fence, wall, or other barrier that isolates a swimming pool from access to the home. Exit alarms — devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. 5 Swimming Pool Code Ordinance Exit alams may be attery operated or may be connected to the electrical wiring of the building. Grade — is the underlying surface such as earth or a walking surface Hot Tub — See definition of swimming pool. Spa — See definition of swimming pool. Swimming Pool — is any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in -ground, above -ground and on -ground swimming pools, hot tubs, spas, portable spas and nonportable wading pools. Swimming Pool, Indoor — is any swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor — is any swimming pool which is not an indoor pool as defined herein. Section 15.22.045 Section 320 "Barrier Protection Required" --Added. Section 320 is added to the Uniform Swimming Pool, Spa and Hot Tub Code as follows: Section 320 Barrier Protection Required. Outdoor swimming pools, including in -ground, aboveground, and on -ground pools, hot tubs, and spas shall be provided with a barrier that shall comply with the following: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool and shall be constructed to withstand the forces specified in the Uniform Building Code. The maximum vertical clearance between grade and the bottom of the barrier shall be 4 inches measured to a hard surface such as concrete, or 2 inches to earth. This measurement shall be taken on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 2. Openings in the barrier shall not allow passage of a 4-inch diameter sphere. 3. Solid barriers that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the topsof the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 2 inches in width. Where there are decorative cutouts within 6 Swimming Pool Code Ordinance vertical members, spacing within the cutouts shall not exceed 2 inches in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width. 6. Maximum mesh size for chain link fences shall be a 2-inch square. The wire shall be not less than 11 1/2 gauge. 7. Where the barrier is composed of diagonal members such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 2 inches square. 8. Access gates shall comply with the requirements of items 1 through 7 and shall be equipped to accommodate a locking device no less that 54 inches above grade. Pedestrian access gates shall open outward away from the pool and shall be self -closing with a self -latching device. Gates other than pedestrian access gates shall comply with the requirements of items 1 through 7 and shall be equipped with a locking device: 9. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds, within 7 seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 DBA when measured indoors at 10 feet. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self -closing doors with self -latching devices approved by the building official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the alarm system described above. 10. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or, (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere. 11. Hot tubs and spas located outdoors and not exceeding 64 square feet may have rigid pool covers meeting American Society for 7 Swimming Pool Code Ordinance Testing and Materials (ASTM) Standard F1346-91 equipped with a permanent locking and latching device in lieu of a required barrier. 12. Where unusual circumstances exist that make strict enforcement of (1) through (10) impractical, the administrative authority may grant modifications for individual cases pursuant to Section 106 of the Uniform Building Code. PASSED and ADOPTED this day of , 2002. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney George H. Waters, Mayor 8 Swimming Pool Code Ordinance EETING DATE 09/17/02 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA 2001 EDITION; AND THE UNIFORM FIRE CODE STANDARDS 2000 EDITION; APPENDICES THERETO, AND NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, (continued) PREPARED BY DEPARTMENT Donald Condon, g, EXPLANATION Battalion Chief Fire (continued) PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZADOURS USES OR OPERATIONS; AND ESTABLISHING A COMMUNITY RISK MANAGEMENT GROUP AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES, REPEALING ORDINANCE NO. 99-2165 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCE IN CONFLICT THEREWITH, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE. State law requires that the City of National City adopt the California Fire Code and limits technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. Staff is recommending that the California Fire Code be adopted with minimal revisions. CEnvironmental Review x N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce the Ordinance. r-wo; BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board is scheduled to meet on September 16, 2002 for review and recommendation to the City Council in regards to the adoption of the California Fire Code, 2001 edition. ATTACHMENTS ( Listed Below 1. Staff report of Code changes. 2. Ordinance. Resolution No. A-200 (9 99) City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 DATE: September 10, 2002 TO: Mayor and City Council FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Recommendations for Adoption of the California Fire Code 2001 edition and Amendments to Tiles 15 of the National City Municipal Code This report is intended to provide the Mayor and City Council with a brief over -view of significant technical changes to the 2001 California Fire Code. A copy of the 2001 California Fire Code is on file at the Fire Department. State law requires that the City of National City adopt the same model codes as the State of California and limit technical amendments to those necessitated due to local topographical, geographical, or climatic conditions. Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the code be adopted with minimal revisions. California Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few changes, which have occurred, in the Fire Code: Article 10, has been rewritten to adequately address Automatic Fire Sprinkler System for R-1 occupancies. Sprinkler System requirements for apartment units has been rewritten to adjust the number of dwelling units requiring sprinkler systems from the current 16 or more dwelling units to the new requirement of 5 or more dwelling units. Hotels also received a reduction in guest rooms form the current number of 20 guest rooms or more down to 6 guest rooms or more, there was a modification made to the requirements for congregate residence from the current 20 occupant load down to the new requirement of 11 occupants or more. This change is designed to greatly increase the safety factor and the ability of residence and guests to evacuate the area of a structure, which may have 0 Recycled Paper become involved in fire. This change is also designed to aid in the reduction of property and content loss, by containing the fire to the area of origin. Article 12, section 1206 address the issue of Emergency Escapes. This section was modified to address the needs of the local Fire Departments to have the ability to rapidly gain access to a structure equipped with bars, grilles, gates or similar devices. The revised section requires that these devices be equipped with an approved release device for use by the fire department only, on the exterior side for the purpose of fire department emergency access, when required by the authority having jurisdiction. This same section also addresses when windows on group R, division 1 hotel occupancies may be restricted to a maximum opening of 4. inches. Article 26, dealing with Bowling Alleys. The Article has been completely removed from the Fire Code. The regulations contained in this Article have been redistributed in other Articles of the Fire Code dealing with the specific issues. Article 86 is a completely new article. This article was established to address required need for a Fire Protection Plan within a declared Urban-Wildland Interface area. RECOMMENDATION Introduction of Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA FIRE CODE 2001 EDITION; AND THE UNIFORM FIRE CODE STANDARDS 2000 EDITION; APPENDICES THERETO, AND NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A COMMUNITY RISK MANAGEMENT GROUP AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES, REPEALING ORDINANCE NO. 99-2165 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCE IN CONFLICT THEREWITH, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1: The City Council of the City of National City hereby adopts the California Fire Code, 2001 Edition, and the Uniform Fire Code Standard, 2000 Edition, and the Appendices thereto, and the National Fire Protection Association Standards thereto with the amendments set forth in Section 3 of this ordinance as the fire code for this city. Section 2: The City Council finds that the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be therefore filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code Sections 17958.7 and 18941.5. Section 3: Ordinance No. 99-2165 of the City of National City and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and chapter 15.28 of the National City Municipal Code is thereby amended to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Section 15.28.002 Findings and declarations 15.28.010 California Fire Code, 2001 Edition and the Uniform Fire Code Standards, 2000 Edition adopted 15.28.020 Establishment & Duties of Community Risk Management Group 15.28.030 Definitions 15.28.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is Prohibited —amended 1 Fire Code Ordinance 2002 15.28.050 Establishment of Limits in which Storage of Liquefied Petroleum gases is Prohibited 15.28.060 Section 7701.7.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —amended 15.28.070 Section 5204.5.2 "Establishment of Limits for Storage of Compressed Natural Gas is to be Prohibited" -amended 15.28.075 Amendments made to the California Fire Code 15.28.080 Section 101.3 "Subjects Not Specifically Regulated by This Code" -amended 15.28.085 Section 1102.3.1 "Open Burning" -amended 15.28.090 Section 1102.4.1 "Recreational Fires" -amended 15.28.100 Section 1212.3 "Graphic" -amended 15.28.110 Section 7902.2.2.1 "Locations Where Aboveground Tanks are Prohibited" - amended 15.28.120 Section 7904.2.5.4.2 "Locations for Aboveground Tanks on Farms and Construction Sites" —amended 15.28.125 Establishment of Limits in which the Storage of Hazardous Materials is to be Prohibited -amended 15.28.130 Section 8107.1 "Storage of Empty Wooden or Plastic Pallets" - supplemented 15.28.140 Appeals 15.28.150 New materials, processes or occupancies, which may require permits 15.28.160 Penalties 15.28.170 Repeal of conflicting ordinances 15.28.180 Validity and severability 15.28.190 Date of effect 15.28.002 Findings and declarations. The City Council of the City of National City, does hereby specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of National City does reasonable necessitate and demand specific changes in, and variations from the California Fire Code 2001 Edition, which are noted in and made part of this ordinance as authorized by Health and Safety Code Section 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 California Fire Code, 2001 Edition and Uniform Fire Code Standards, 2000 Edition. There is hereby adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a Community Risk Management Group a certain code know as the California Fire Code, 2001 Edition, and the Uniform Fire Code Standards, 2000 Edition, and the appendices thereto, published by the Western Fire Chiefs Association and the California Building Standards Commission, and the National Fire Protection Association Standards published by the National Fire Protection Association, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended. Within this Chapter 15.28, those codes may be collectively referred to as the California Fire Code. One (1) copy of this adopted code is on file in the Office of the Fire Chief of the City of National City. The code is hereby adopted and incorporated as fully as if set out as length herein, and from the date on which this ordinance shall take effect, shall be controlling within the limits of the City of National City. 2 Fire Code Ordinance 2002 15.28.020 Establishment and duties of Community Risk Management Group. A. The California Fire Code shall be enforced by the Community Risk Management Group in the Fire Department in the City of National City, which is hereby established and shall be operated under the supervision of the Chief or the Fire Department. B. The Battalion Chief/Fire Marshal in charge of the Community Risk Management Group shall be appointed by the Chief of the Fire Department of the City of National City. C. The Chief of the Fire Department may detail members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the California Fire Code shall mean the City of National City. B. Whenever the words "Chief of the Bureau of Fire Prevention" are used in the California Fire Code they shall be held to mean the Fire Marshal of the City of National City. C. Where reference to the Uniform Building Code (or Building Code), or any Nationally Recognized Standard is made, it shall mean the currently adopted edition. 15.28.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is Prohibited —amended. The limits referred to in Section 7902.2.2.1 and 7904.2.5.4.2 of the California Fire Code in which the storage of flammable or combustible liquids is restricted are herby established as follows: All areas within the City limits of National City except for Commercial and Manufacturing areas as established under zoning regulations, as defined and set in Title 18 on the National City Municipal Code. 15.28.050 Establishment of Limits in which Storage of Liquefied Petroleum gases is Prohibited. The limits referred to in Section 8204.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas within the City limits of National City, except for Commercial and Manufacturing areas as established under zoning regulations, as defined and set in Title 18 on the National City Municipal Code. 15.28.060 Section 7701.7.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —amended. The limits referred to in Section 7701.7.2 of the California Fire Code, in which storage of explosives and blasting agents is prohibited are hereby established as follows: All areas within the City limits of National City. 15.28.070 Section 5204.5.2 "Establishment of Limits for Storage of Compressed Natural Gas is to be Prohibited" -amended. Section 5204.5.2 of the California Fire Code is amended to read: 5204.5.2. Establishment of Limits for Storage of Compressed Natural Gas. Pursuant to the authority in Section 5204.5.2 of the California Fire Code, the storage of compressed natural gas is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM; Medium Manufacturing, MH; Heavy Manufacturing, MT; Tidelands Manufacturing. 3 Fire Code Ordinance 2002 15.28.075 Amendments made to the California Fire Code. The geographical density of the City of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Section 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002; Findings and Declarations. 15.28.080 Section 101.3 "Subjects Not Specifically Regulated by This Code" — amended. Section 101.3 of the California Fire Code is amended to read: 101.3 Subjects Not Specifically Regulated by This Code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulation, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards or the National Fire Protection Association or other nationally recognized fire safety standards in their most current edition as are approved shall be deemed as prima facie evidence of compliance with the intent of this code. See also Section 9001.2. Nothing herein shall derogate from the power of the Chief to determine compliance with codes or standards for those activities or installations within the Chief's jurisdiction or responsibility. 15.28.085 Section 1102.3.1 "Open Burning" -amended. Section 1102.3.1 of the California Fire Code is amended in its entirety to read: 1102.3.1 Open Burning. Open burning is strictly prohibited within the City Limits, except when approved by the Chief for Fire Department training and demonstrations. 15.28.090 Section 1102.4.1 "Recreational Fires" —amended. Section 1102.4.1 of the California Fire Code is amended in its entirety to read: 1102.4.1 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1212.3 "Graphics" —amended. Section 1212.3 of the California Fire Code is amended to read: 1212.3 Graphics. The color and design of lettering, arrows and other symbols on exit signs shall be green in color and in high contrast with their background Exit signs shall have the word "EXIT" on the sign in block capital letters not less than 6 inches (152 mm) in height with a stroke of not less the 3/, inch (19 mm). The word "EXIT" shall have letters having a width of not less than 2 inches (51 mm) except for the letter "I" and a minimum spacing between letters of not less than 3/8 inch (9.5 mm). Signs with lettering larger than the minimum dimensions established herein shall have the letter width, stroke and spacing in proportion to their height. 4 Fire Code Ordinance 2002 15.28.110 Section 7902.2.2.1 "Locations Where Aboveground Tanks are Prohibited" —amended. Section 7902.2.2.1 of the California Fire Code is amended to read: 7902.2.2.1 Locations Where Aboveground Tanks are Prohibited General - Storage of Class I, II and III -A liquids in aboveground tanks outside of buildings is prohibited within the City limits, except as follows: EXCEPTION: With the approval of the Fire Chief Class I, II and III -A liquids may be stored aboveground outside of buildings in specially designed, approved and listed containers with a minimum two-hour fire resistance, which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage and leakage. Containers must be installed and used in accordance with manufactured UL or FM listing and provisions must be made for leak and spill containment. The Chief of the Fire Department may disapprove the installation of such containers when in his/her opinion, their use presents a risk to life or property. Storage is prohibited within 100 feet of any residential or institutional structure. 15.28.120 Section 7904.2.5.4.2 "Locations for Aboveground Tanks on Farms and Construction Sites" —amended. Section 7904.2.5.4.2 of the California Fire Code is amended to read: 7904.2.5.4.2. Locations Where Aboveground Tanks are Prohibited The storage of Class I, II and III -A liquids in aboveground tanks is prohibited within the City limits, except as follows: EXCEPTION: With the approval of the Fire Chief Class I, II and III -A liquids may be stored aboveground outside of buildings in specially designed, approved and listed containers with a minimum two-hour fire resistance which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage and leakage. Containers must be installed and used in accordance with manufactured UL or FM listing and provisions must be made for leak and spill containment. The Chief of the Fire Department may disapprove the installation of such containers when in his/her opinion, their use presents a risk to life or property. Storage is prohibited within 100 feet of any residential or institutional structure. 15.28.125 Establishment of Limits in which the Storage of Hazardous Materials is to be Prohibited. The limits referred to in Section 8001.1.1 of the California Fire Code, in which storage of hazardous materials is prohibited, are hereby established as follows: All areas within the City limits of National City, except MM; Medium Manufacturing: MH; Heavy Manufacturing, MT: Tidelands Manufacturing as established by the National City Land Use Code. 15.28.130 Section 8107.1 "Storage of Empty Wooden or Plastic Pallets" — supplemented. Section 8107.1 of the California Fire Code is supplemented by adding the following: 5 Fire Code Ordinance 2002 8107.1 Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises 'are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, Chapter 7, Section 7-5 Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.140 Appeals. Whenever the Chief of the Fire Department or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision to the Advisory and Appeals Board within 10 days from the date of the decision. 15.28.150 New materials, processes or occupancies, which may require permits. The Building and Safety Director, the Chief of the Fire Department and the Fire Marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the California Fire Code hereby adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. 15.28.180 Validity and severability. The City Council of the City of National City hereby declares that should any section or portion this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of National City that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. It is further the intent of the City Council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may be so served or construed so as to carry out the purpose and intent of this code. 6 Fire Code Ordinance 2002 15.28.190 Date of effect. This ordinance shall take effect and be in force from and after its approval as required by law. Section 4. Following its adoption, the City Clerk shall transmit a certified copy of this ordinance to the California State Building Standards Commission and the State Fire Marshal for filing in accordance with Health and Safety Code Section 17958.7 and 18941.4. PASSED and ADOPTED this day of , 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 7 Fire Code Ordinance 2002 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 9/17/02 AGENDA ITEM NO. 15 ITEM TITLE Expiration of Agreement with Randall Funding & Development PREPARED BY Ryan Hyland Management alyst III DEPARTMENT City Manager's Off Y✓� EXPLANATION On October 24, 2000, the City entered into a 2-year agreement with Randall Funding & Development to experiment with the concept of using an outside grant writing firm to identify and apply for grant funds. This contract will expire on October 23, 2002. Unfortunately this relationship did not produce the level of results desired, and therefore a new contract will not be pursued with Randall Funding. Staff is currently in the process of looking at other alternatives to aid staff in securing grant funding. The following were important in the decision not to pursue another contract with Randall Funding: • In the case of grants pursued by the City, Randall Funding did not identify any grant sources with which staff were not already familiar. • During the contract period there were several miscommunications and mistakes made by Randall Funding that may have caused the City to miss possible funding opportunities. • In some instances City staff were more knowledgeable on the information needed for the applications and thus City staff completed the grant applications themselves. • City staff now receive grant information directly from a variety of sources such as FEMA, EPA, and others and are well aware of the opportunities that may suit their department's needs. • In instances where specific expertise is required, such as the recent State Library grant application, the City hires expert consultants to complete those grants and does not use Randall. (Please see attached for more background detail) Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Information item — no action required. The existing contract will simply be allowed to expire on October 23, 2002. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1) Randall Grant Status Report Resolution No. A-200 (9/80) EXPLANATION BACKGROUND: Upon entering into the agreement with Randall Funding, the hope was that this firm could identify grant opportunities, of which the City was unaware, and submit applications on behalf of the City, saving City staff time in the process. The firm charged a fee of $50,000 for the two-year contract and this fee was split evenly between the City and the Community Development Commission. In addition, if the City received grant funds totaling $500,000 the contract called for Randall Funding to receive an 8% commission for each grant secured thereafter. (Randall Funding secured $337,653 in grant funding for the City and thus no 8% commissions were provided.) During the two-year agreement Randall Funding pursued five grants on behalf of the City and they were successful in securing only one grant. The grant secured was a $337,653 Code Enforcement Pilot Program for the Building & Safety Department. While Randall Funding did complete the Code Enforcement grant application for the City, it was our own Building & Safety Department that initially identified the grant opportunity. (Please see attached report provided by Randall Funding outlining the grants that were pursued.) The City receives notifications of grant opportunities directly from organizations such as FEMA, the EPA and the CA Office of Traffic Safety. When looking at the grants the City pursued, in all cases, the City was already aware of the grant opportunities that Randall brought forward. Further, in some cases where Randall wished to write grants for the City in hopes of meeting their 8% commission requirement, City staff more familiar with the specific grant area were more appropriate to write the grant applications. Certain grants applications, such as the State Library Grant for the proposed new National City Library, required expertise that was not available from Randall Funding and the City choose to use a separate Library consultant to complete the application. During the contract period there were several miscommunications and mistakes made by Randall Funding that may have caused possible funding opportunities to be missed. Staff also found it difficult at times to coordinate with an outside firm that was not intimately familiar with the operations of National City. In July 2001, City staff met with senior Randall Funding management to voice concerns the City had regarding the level of service National City was receiving. While some concerns were successfully addressed after that meeting, the general level of service did not improve to the desired level. Staff is currently reviewing methods that will allow the City to increase its effectiveness in securing grant funding. The expiration of the Randall Contract in no way will affect the City's ability to pursue grant opportunities, and staff will continue to search for and pursue grants which meet the needs of the City. City of National City, CA Grant Status Report as of 9/1/02 Contract Start Date: Contract Expiration Date: Contract Goal Funding Source CA HCD CALHOME 10/24/2000 10/23/2002 $500,000.00 EPA National Brownfields Assessment Demo Pilots 2002 CA Code Enforcement Incentive Program CA Code Enforcement Pilot Program (CCEPP) CA OTS Grants 2001 (all programs) CA HCD Downtown Rebound Planning TOTALS Date Department Submitted Community Dev Community Dev Building & Safety Building & Safety Fire Dept. Community Dev 12/14/2000 12/14/2000 1/31/2001 2/15/2001 Amount Requested N/A N/A $231,938.00 $337,653.00 $81,889.00 $75,000.00 $726,480.00 DEFINITIONS: Funding Source: The Federal, State, Local Agency or Foundation that offers the grant funds Department: The Client's Department that is the lead agency on the grant Date Submitted: Grant submitted date Amount Requested: Amount requested from funding source Amount Match: Amount of in -kind or hard match provided by Client and/or Client's partners in grant Amount Received: Funding received exduding match or funding received at Funding Source's discretion Previous Award Amount: If applicable, amount previously received by Client on the same grant in the last 12 months. Allows RFD to determine total amount that can be counted towards contract goal Credit Towards Contract Goal: Amount of funding received that can be counted towards total contract goal Pending: Submitted and pending a decision from the funding source In Progress: Currently being worked on Terminated: Work on grant terminated by Client and/or RFD Friday, September 06, 2002 Amount Match N/A N/A $222,340.00 $150,000.00 $0.00 $0.00 Amount Received (excl. match) N/A N/A Not Funded $337,653.00 Not Funded Not Funded $372,340.00 $337,653.00 in their latest status report, Randall reports this grant as 9n Progress", however, CDC temunated this request In 2001 and the grant application was not submitted. Credit Towards Contract Goal Terminated by CDC Terminated by CDC' $0.00 $337,653.00 $0.00 $0.00 $337,653.00 ,AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 17.2001 AGENDA ITEM NO. 16 ITEM TITLE TEMPORARY USE PERMIT — HOLIDAY INN SOUTH BAY — BOXING MATCH PREPARED BY Kathleen Trees, Director DEPARTMENT Building and Safety EXPLANATION This is a request from the Holiday Inn South Bay to hold a professional boxing match on the upper level of the Holiday Inn attached parking structure. The match will be held on September 26, 2002, 7 p.m. to 10 p.m. in conjunction with Don Chargin/Jorge Marron Productions. The match will feature Israel Vasquez VS. Cesar Figueroa. The Holiday Inn will provide the location, concessions and parking. Alcohol will be provided in accordance with the hotel's CA liquor license. The Police Department is requiring that the organizers provide private security for the event. Environmental Review N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U.11." fffedliAlfthrough yarionp. J T Departments. Account No. N/A STAFF RECOMMENDATION Gtc �C 11.c v� 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 Professional Boxing Match Event Title: Israel Vasquez VS. Cesar Figueroa Event Location: Holiday Tnn South Bay Parking Structure at 700 National City Blvd. Event Date(s): From 9/26/02 to 9/26/02 Total Anticipated Attendance: 750 Month/Day/Year ( 50 Participants) Actual Event Hours: 7 : 00 am4m to 10:00 am , (700 Spectators) m; Setup/assembly/construction Date: 9/25/02 Start time: 3:00 pm Please describe the scope of your setup/assembly work (specific details): Will hegin with delivering of boxing ring on 9/25/02 Set up will continue on 9/26/02 with set up of chairs, tables, and conc. stand: Dismantle Date: 9/27/02 Completion Time: 12:00 am/ m 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. N/A Set up Sponsoring Organization: Holiday Inn South Bay Chief Officer of Organization (Name) John Ford Applicant (Name): Amy Snapp X For Profit Not -for -Profit Address: 700 National City Blvd. National City, CA 91950 Daytime Phone: (619 474-2800 Evening Phone: (76q 612-9317 Fax: (619) 336-0620 Contact Person "on site" day of the event: Amy Snapp Pager/Cellular: 760-612-9317 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _ YES NO Are admission, entry, vendor or participant fees required? ,- YES _ NO if YES, please explain the purpose and provide amount(s): Admission tickets will be pre - sold, parking fees will be charged the day of the event. 1 $ 9,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 3,500.00 Estimated Expenses for this event. $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Fvenr is n profgaaaiona1 hoxirm match to be held on the upper level of the Holiday Inn South Bay's attached parking structure. Event is being produced in conjunction with Don Chargin/Jorge Marron. Productions. The Holiday Inn South Bay will provide the location, concessions and parking for event attendees. Food and beverage will be provided in accordance with the Hotel's CA State liquor license and applicable Health Dept. codes. Sufficient restroom facilities for the numbers of expected attendees will be provided via portable restroom facilities. — YES < NO If the event involves the sale of cars, will the cars come exclusively from 01,(''-; National City car dealers? If NO, list any additional dealers involved in the sale: YES NO Does the event involve the sale or use of alcoholic beverages? �f% YES NO Will items or services be sold at the event? If yes, please describe: and beverage concessions Food YESXNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES; .. NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Pre -prepared food will be cooked at concession stands and served to guests. If you intend to cook food in the event area please specify the method: GAS X. ELECTRIC X CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets:. 3 (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) A 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 A Vehicles and/or trailers > Other related event components not covered above > 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: Waitstaff will circulate during event, Hotel staff will clean up any remaining refuse and empty receptacles for a scheduled garbage collection. 3 Please describe your procedures for both Crowd Control and Internal Security: " Hotel Staff and management will be present and working to keep the event orderly and secure. 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: ;'C. 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: Existing lighting in the parking lot will illuminate the spectator areas. The ring will be lit via separate lighting. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Hotel Staff have been trained in basic First Aid and there are First Aid kits on property in compliance with city and State Codes. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Acres for nll persons will he via the parking structure access ramp as well as ADA compliant access through the Hotel main entrance. Please provide a detailed description of your PARKING plan: G,iests will he directed to park in the lower level of the parking structure and the Hotel's structure and the Hotel's structure at 701 Nat'l City Blvd. Please describe your plan for DISABLED PARKING: There are four (4) designated disabled spaces at the Holiday Inn's lower level parking structure. In addition, there are five (5) designated disabled parking spaces at the 701 Nat'l City Blvd. structure. d Please describe your plans to notify all residents, businesses and churches impacted by the event: Holiday Inn will mail letters to neighboring businesses, residents and churches one week prior to event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. — YES7K 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: _ YES ,,>c NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES i\ 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,A NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 'or Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: slJlLONG AND SAFETY DEPT. RECEIVED SEPp,2QQ2 NATIONAL CITY, CALIF. Kathleen Trees, Director Building & Safety Department Date Received CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Holiday Inn South Bay EVENT: Israel Vasquez VS. Cesar Figueroa Boxing Match DATE OF EVENT: September 26, 2002 TIME: 7 p.m. until 10 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) The application refers to the use of charcoal. If charcoal is used for cooking, there shall be provided metal cans with metal lids marked, "HOT COALS ONLY". FINANCE (336-4330) A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing 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 & Recovery Division of the Finance Department prior to the event for verification of business license numbers. POLICE Provide a private security company to handle the event security. A company that regularly handles sporting events or music events is preferable. vessi- 1503'1- 1-4-68c-re\'z SE/47i (.1 1-61 p12.0PC— FESi•IC (P I 4/14% 3TYLE `DicA1-10(1 Ci WALLeD "C'.oPtia(OR6•55 izsDi4.16 ?bp, kAeg.5) ft5 es I 'VIP / A(`‘ Vi /-• 'PO5 t 2. n(- Ri 44T 4 --e,ii_co5 700 National City Blvd, National City, CA, 91950- 1124, US tit s.,�n a� 4' ;mL o ii,g a£ 1 �ti'I n I i i''5t /t y5 tin Ili �Il Y, 02002 Mapquest.com, Inc.; 02002 Navigation Technobgies All rights reserved. Use Subject to License/Copyright �Jt Back m30 This map is informational only. No representation is made or warranty given as to 'ts content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices © 2002 MapQuest.com, Inc. All rights reserved. AIEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 17, 2002 17 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — FIRST UNITED METHODIST CHURCH STREET FAIR PREPARED BY Kathleen Trees, Director DEPARTMENT Building and Safety EXPLANATION This is a request from the First United Methodist Church to conduct a street fair on C Street between 8t' and 9th. The event will include carnival rides and food booths. A private security company will be used. The times of the event are as follows: Setup dates Thursday, September 19 7 a.m. — 5 p.m. Hours Friday, September 20 3 p.m. — 10 p.m. Saturday, September 21 11 a.m. — 10 p.m. Sunday, September 22 12 p.m. — 7 p.m. Teardown Sunday, September 22 7 p.m. —11 p.m. The church is requesting that C street be closed between 8`n Street and 9' Street from 7 a.m. on Thursday until 11:30 p.m. on Sunday. The church is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Policy Number 704 CEnvironmental Review X N/A Financial Statement The City has incurred $345 in costs for processing the T U4PEIVIV050.1hilious City finance Director. departments, a $50 inspection fee is being requested from the Finance Dept., a $40 inspection fee from Building and Safety Dept. and $209.22 from the Public Works Dept., totaling $644.22. The Finance Dept. is also requesting that a $2,500 bonubeopostetc.'' STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9 99) C. STRe ET 9i o e ttEk, 1 _ LOTr c/J w Om- CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: First United Methodist Church EVENT: Street Fair DATE OF EVENT: September 20-22, 2002 APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER PUBLIC WORKS ENGINEERING BUILDING AND SAFETY YES [x] NO [ l YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] Health Department, San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS FIRE 336-4550 1. Emergency access must be maintained at all times. 2. The fire hydrant at 9th and C Ave. and any other fire department connections must remain accessible. • 3. If there are to be and "pop-up" tents/canopies at the event, they must be spaced at least ten feet apart. If any canopy is greater than 400 square feet in size, a fire department permit will be required. 4. Fire extinguishers must be provided and be available around the site at all times. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 First United Methodist Church and the provider of the amusement rides must each comply with 1 and 2 below: 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. (Done) 2. Naie the City of National City and the Parking Authority of National City, its officials, employees, agents and volunteers as additional insureds on all policies. (Done) 3. First United Methodist Church execute standard hold harmless with the City of National City. FINANCE 336-4330 1. A $2,500 bond is required for the carnival or circus. 2. A $50 inspection fee is required. 3. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event 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 be no charge for the Business License. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. POLICE 336-4400 1. Private security as noted should be adequate. PUBLIC WORKS 336-4380 1. Street Division will post "No Parking" on Tuesday (9/17/2002) and barricade the street on 9/20/2002 at approximately 7:30 a.m. 2. Applicants will need to set barricades on street corners for pick-up on Monday morning. 3. Cost $209.22. BUILDING AND SAFETY 336-4210 1. Prior to opening, obtain a permit from the Building and Safety Department and call for inspection. Cost $40. Dismantle Date: 9/22 Type of Event: _ Public Concert Parade Motion Picture Event Title: Fair /Carnival _ Festival _ Demonstration _ Circus _ Block Party _ Grand Opening _ Other First United Methodist Church Street Fair Event Location: C Street between 8th & 9th Event Date(s): Fran 9/20:Actu0Event ACA's: Community Event /2Q/02 toP 22M/02 Total Anticipated Attendance: 1000 Month/Day/Year ( SO Participants) 9/21: 11 a m.-10 p.m. 9/22: 12 p.m. (__Spectators) am/pm fo am/pm til 7 p.m. Setup/assembly/construction Date: 9/19 Start time: 7 a.m. .<A Please describe the scope of your setup/assembly work (specific details): Entail the set up of amusements and rides for children. There will be sale of carnival -styled fast foods QYA Completion Time: 11 r, ro 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. r ctroA� wi 11 new to he closed at the intersection of 8th St on the north and at 9th Street to the south. Streets will be closed at 7 a,m. nn 9/7tl ann rPrp n 9/27 at 11 •in p m Sponsoring Organization: First United Methodist Church For Profit Chief Officer of Organization (Name) Rev. Juan Riingen Not -for -Profit Applicant (Name): Benjamin A. Richardson Address: 505 Riverbend Way, Chula Vista CA 91914 EXT. t®I Daytime Phone: (619) 427-6700 Evening Phone: 619) 482-7885 Contact Person "on site" day of the event: Fax: ( 619 216-4755 Benjamin A. Richardson Pager/Cellular Cell: 395-2594 NOTE: THIS PERSON MUST BE IN AT BN ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? x_ YES _ NO Are admission, entry, vendor or participant fees required? YES _ NO If YES, please explain the purpose and provide amount(s): Fund Rai Gar $ 5500.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Volunteer Help $ Estimated Expenses for this event. $ % of doss WhealVetRle projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Carnival rides, amusements and prepared food sales. Santa Fe train, kiddie fun wheel, jump, super slide, Disney swing, mechanical bull, ride simulator, rock wall 2 _ YES ,ZNO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: o G g _S , Fast food & carnival ride tickets _ 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 I direction of travel, and provide a written narrative to explain your route. g 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 Please describe how food will be served at the event: Prepackaged foods If you intend to cook food in the event area please specify the method: X GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 2 (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 ➢ 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.) 3 Number of trash cans: 3 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: WO nnt-aara 3 Please describe your procedures for both Crowd Control and Internal Security: Uge of a security company X YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Allied Security Security Organization Address: 7670 Opportunity Rd #210 San Diego CA 92111 Security Director (Name): Randy Davis Phone: 858-874-8200 X 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: Lighting will ha prnvir7Pd by narnival cparatnr Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Fi rat Ai ri gtati nn wi l l ha mannarl at Fi rat TTni tars Mathrrli qt Chnrrh rinri nth all hours that the event is omen Please describe your Accessibility Plan for access at your event by individuals with disabilities: Al 1 ri r9aq amiiaamani-s, furl anti ragtrnnma will hA nn rfrarla Please provide a detailed description of your PARKING plan: Parking will be street parking. First come, first served 4 Please describe your plan for DISABLED PARKING: Two parking. spaces will be marked disabled parking. One at the corner of 8th & C St., and the other at the corner of 9th and C St. Please describe your plans to notify all residents, businesses and churches impacted by the event: By mail and hand -delivered fliers and letters NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES X 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: Type of Music: _ YES NO Will sound amplification be used? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm _ 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 g NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES x NO Any signs, banners, decorations, special lighting? If YES, please describe: 5 For Office Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial BUILDING AHD SAFElY DEi RECEIVED AUG 2 8 zaOZ NATIONAL CITY, CALIF, 6 PRODUCER (626) 254-5900 Kaye -Western Ins.& Risk Srv.,Inc East Huntington Drive �....te 100 Arcadia, CA 91006 INSURED First United Methodist Church 242 East 8th Street National City, CA 92050 DATE (MM/DDIYYI 07/16/2002 A, CORD,. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: GuideOne Specialty Mutual Ins. Co. INSURER B: INSURER C: INSURER D: INSURER E: MV V Cnnlico THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ; TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDNYI POLICY EXPIRATION DATE IMMIDD/YYI LIMITS A GENERAL LIABILITY 9927318MV 01/01/2001 01/01/2002 EACH OCCURRENCE 5 1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) 5 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE B 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 POLICY PRO JECT LOC AUTOMOBILE LIABILITY A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG B EXCESS LIABILITY EACH OCCURRENCE $ OCCUR L I CLAIMS MADE AGGREGATE 5 ... B DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- TORY LIMITS OTH- ER -. EMPLOYERS' LIABILITY - E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE B E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Use of City Facilities for Street Fair Carnival on September 20-22, 2002. The City of National City, its officials, employees, agents and volunteers are Additional Insureds only as respects operations of Named Insured. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF —ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVES ACORD 25-S (7/97) 0 A RD ORPORATION 1988 w7P,1/ RPf:City of National City IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) /re MA? p 0 lJ CL City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization First United Methodist Church of National City Person in Charge of Activity Benjamin A. Richardson Address 242 E. 8th St., National City Telephone 619-477-2741 Date(s) of Use Sept. 20-22 2002 HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. C.IJ�-PAALA Signatu of Applicant Official Title CI HO•r-, Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization First unitod MPH -Indict Church of National City Type of Organization church (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. Y• x No (Please proceed to du$ ion 6) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? x Yes (Please provide an explanation and details. TWxPC wi i l he rA i a nn f„*,ds 7'nerated by the carnival prrft r No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. x No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: x No (P lease sign the form and submit it with the TUP Application) a-JO Signaaure 9 f o/o Date 9 City of National City, California COUNCIL AGENDA STATEMENT September 17, 2001 MEETING DATE 18 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PEKM11: ANNUAL KEVIEW OFIHE TEMPORARY OFFICE TRAILER FOR PARADISE CREEK PREPARED BYKathleen Trees, Director 4ictibp_44, 4 EPARTMENT Building and Safety EXPLANATION At the March 7, 2000 City Council meeting the Council voted to allow the Paradise Creek Educational Park to place an office trailer on city property at the Paradise Creek site during the construction phase of the creek. One of the conditions of approval was that the City Council review the TUP annually. Attached is a letter requesting that the TUP be extended for an additional year. (-Environmental Review Financial Statement N/A N/A Account No. STAFF RECOMMENDATION Approve the TUP for an additional one year. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) TUP Application Paradise Creek Letter Resolution No. A-200 (9/80) PARADISE CREEK EDUCATIONAL PARK September 9, 2002 Mayor George Waters and City Council 1243 National City Blvd. National City, CA 91950 Mr. Mayor and Councilmembers, I request that you place on the agenda and consider continuing our Temporary Use Permit for an office trailer at 1815 Hoover Ave. I will be available at your meeting to give an update on progress at the park and answer any questions you may have. Thank you ilit- 7 Ted Godshalk Director, PCEPI ♦ ♦ + 2143 Cleveland Ave. National City, CA 91950 1+6o JEg__ h v-e a BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION PI MUNICIPAL CODE Y S OHEREBY A AND E R DESCRIBED BELOW. USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management specific list oftemporarymay lthe action d uses of the ptional Bu Building Official purcs suant suant ttring their review and o Municipal Code section limitations. Any permit applicant may appeal 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 wading( days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. ,E cwcc ETE (Pont or Type): SPONSORING ORGANIZATION(s): fn 6l d1Se Cree-L ORGANIZATION ADDRESS: Z114% Cleveland Ave ! JJottonAl C.t+t( CRC City LOCATION nF EUBN'F. YecrrN1: j�Ioo'er Atle. Vveotl DATE(S) REQUESTED FORp/@NT: FROM 2-LS -0O HOURS OF USE ON DAY OF EVENT: FROM A.M. / P.M. TO _ A.M. / P.M. (BEGIN CF.TUP) DATE TIME A.M. /P.M. - (END SETUP) DATE TIME A.M./P.M. (BEGIN TEARDOWN DATE TIME A.M. /P.M.- ( END TEARDOWN) DATE TIME A.M./P.M. BRIEF DESCRIPTION OF EVENT: (A brief summary of the event/may be requested. A summary of the event activity may be attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: T ' A. �aodska\k 0.-1- 417-61 b'-i HOW MAY THIS PERSON BE CONTACTED? SPECIFIC USE REQUEST: �C(o'�S KG-1-II V4-'�t Ue' G+ Pu{c CIE Greek€C cecwe lltr [Pay - JUSTIFICATION: -Ob `''' ` ICIL- "-W p °TG vN (Ate REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NO[)1 — WILL LL FOOD/ DRINK BE SOLD: YES[ ] NO[K] (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiting a T.U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES [ ]. NO [ X] (If "YES,", permit may be required (torn Fire Department) WAIVER OF FEES REQUESTED: YES [ ] NO [ `j,] (If TES," complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: Aci,v r+y Edt<a+tov,al ?ark L c.. C[50 PHONE: 477-07b`l Zip mist-$62.3 c.. It l8' G-reek.()b S ee f,dej ssc- NOISE, CROWD, TRAFFIC CONTROL: NfA SECURITY CONTROL: TO PARKING/BARRICADES: Nit4 EXTERIOR LIGHTING/ELECTRICAL: 4/1i TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: /VA SANITARY FACILITIES: fl/A PLEASE COMPLETE (Print ttTo-rr Type) A NAME OF APPLICANT: Text , Gods vicA k ADDRESS: �[t'l � Ct.ei.r k d Ave SIGNATURE OF APPLICANT: 7L1 fit . /7 do'44w PHONE: 471-676 DATE: 7-25-00 (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE GROUP: USE CLASS: BOND: PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMFNTS: Permit to be reviewed annually by the City Council. dUILING AND SAFETY DEFY. RECEIVED FEB 2 B 2000 ATION.AL CITY, CALIF. APPROVALS I STIPULATIONS (Check Where Applicable): PLANNING YES [ ] NO [ ] SEE STIP [ ] moral Dale FIRE YES [ ] NO [ ] SEE STIP [ I Initlal Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ] ores Date FINANCE YES [ ] NO [ ] SEE STIP [ Initlal Date POLICE YES [ ] NO [ I SEE STIP [ ] Mat Dale PARKS & REC. YES [ ] NO [ ] SEE STIP [ ] Meal Data ENGINEERING YES [ ] NO [ ] SEE STIP [ 1 Initlal Dale CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] Initial Date Initial Date Initial Date RISK MANAGER YES [ ] NO [ ] SEE STIP [ ] COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] OTHER YES [ ] NO [ ] SEE STIP [ ] Intel Dale CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] 3 -2 vd'fe_ /.t.Qeo� 7 vi DATE