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HomeMy WebLinkAbout2002 10-01 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - OCTOBER 1, 2002 - 6:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF SEPTEMBER 3, AND 17, 2002 AND THE ADJOURNED 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 10-1-02 PAGE 2 PRESENTATION South Bay Transit Studies: Actions — Metropolitan Transit Development Board PROCLAMATIONS Proclaiming the week of October 6-12, 2002 as: "FIRE PREVENTION WEEK" Proclaiming December 13, 2002 as: "TOYS FOR JOY DAY" INTERVIEWS/APPOINTMENTS Sweetwater Authority Board — Appointment City Boards & Commissions — Interview Senior Citizens Advisory Board - Reappointment PUBLIC HEARINGS 1. Public Hearing — Consideration of adoption of various California and uniform codes relating to construction and maintenance of structures by reference. (Building & Safety) *Refer to Items #17-22 2. Public Hearing — Amendment to Title 18 of the National City Municipal Code regarding tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments. (Case File No. A-2001-1) (Planning) #Refer to Item #16 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. COUNCIL AGENDA 10-1-02 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2002-146 A Resolution of the City Council of the City of National City authorizing the recordation of an encroachment agreement with Thrifty Oil Company for installation of two groundwater monitoring wells at 1139 Harbison Avenue and National City property. (Public Works/Engineering) 4. Resolution No. 2002-147 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish a ten -foot red no parking zone at the southeast corner of Harbison and 9th Street. (E. Gaviola, TSC Item No. 2002-25) (Engineering) 5. Resolution No. 2002-148 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish a two-hour parking zone at 907 "A" Avenue. (L. Romiguiere, TSC Item No. 2002-23) (Engineering) 6. Resolution No. 2002-149 A Resolution of the City Council of the City of National City amending City Council Policy No. 203 pertaining to the National City Investment Policy. (Finance) 7. Resolution No. 2002-150 A Resolution of the City Council of the City of National City selecting annual adjustment factors for use in establishing the annual appropriations limit for Fiscal Year 2002-2003. (Finance) COUNCIL AGENDA 10-1-02 PAGE 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 2002-151 A Resolution of the City Council of the City of National City establishing the annual appropriations limit for Fiscal Year 2002-2003. (Finance) 9. Resolution No. 2002-152 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and Claims Management Services for Workers' Compensation Claims Administration Services. (Risk Management) 10. Resolution No. 2002-153 A Resolution of the City Council of the City of National City authorizing the establishment of the PARS Defined Benefit Plan and the PARS Defined Contribution Plan for conversion of unused leave time to be administered by Phase II Systems, PARS Trust Administrator for City Employees. (City Manager) 11. WARRANT REGISTER NO. 12 (Finance) Ratification of Demands in the amount of $1,027,258.12. 12. WARRANT REGISTER NO. 13 (Finance) Ratification of Demands in the amount of $242,674.75. 13. Claim for Damages: Fabio Lombardo (City Clerk) 14. Claim for Damages: Fawn Ackerman (City Clerk) tpr COUNCIL AGENDA 10-1-02 PAGE 5 CONSENT CALENDAR (Cont.) 15. City Council approval of response letter regarding Grand Jury Report "Regional Transportation Planning — Does it Exist?" (City Manager) ORDINANCE FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code regarding tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments. Applicant: City of National City. (Case File No. A-2001-1) (Planning) *Refer to Item #2 ORDINANCES FOR ADOPTION 17. 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) *Refer to Item #1 18. 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) *Refer to Item #1 19. 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) *Refer to Item #1 COUNCIL AGENDA 10-1-02 PAGE 6 ORDINANCES FOR ADOPTION (Cont.) 20. 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) *Refer to Item #1 21. 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 relatingto swimming pools, spas, and hot tubs. (Building & Safety) *Refer to Item #1 22. 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) *Refer to Item #1 NEW BUSINESS 23. Report on implementation of the General Plan and Housing Element. (Planning) 24. Request for use of the Community Center by the National School District and waiver of fees. (Public Works) 25. Request to use the Community Center by the MAAC Project and waiver of fees. (Public Works) 26. Temporary Use Permit — Saturn of National City — Used Vehicle Tent Sale. (Building & Safety) COUNCIL AGENDA 10-1-02 PAGE 7 NEW BUSINESS (Cont.) 27. Notice of Decision — Planned Development Permit for a second residential unit in front of 1827 La Siesta Way. (Applicant: Ramon and Leticia Lopez) (Case File No. PD-2002-3) (Planning) 28. Notice of Decision — Conditional Use Permit for a wireless communication facility at 716 Highland Avenue. (Applicant: AT&T Wireless) (Case File No.: CUP-2002-14) (Planning) -* CITY MANAGER --> CITY ATTORNEY -+ OTHER STAFF —> MAYOR —> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting — October 15, 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 MTDB Metropolitan Transit Development Board 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 619/231-1466 FAX 619/234-3407 Subject: Agenda Board of Directors Meeting August 22, 2002 SOUTH BAY TRANSIT STUDIES: ACTIONS RECOMMENDATION: That the MTD Board of Directors: Item No. 31 SRTP 840.9.4 (PC 20480) 1. approve releasing the South Bay Near -Term (SBNT) Transit Study for public comment and review; 2. endorse the South Bay Transit First (SBTF) Study Tier One and Tier Two Plan of Projects; and 3. approve a $75,000 contract amendment for Wilbur Smith and Associates (Wilbur Smith) (MTDB Doc. No. G0693.2-02), in substantially the same form as attached, to advance the development of the Tier One Plan of Projects from the SBTF Study. Budget Impact The recommended contract amendment would require $75,000, available from the FY 03 MTDB Budget line item 20480, leaving $225,000 in the line item for FY 03. Consistency with Transit First This study will identify a Transit First Plan of Projects that would be incorporated into the Regional Transit Plan, the City of Chula Vista's General Plan update, and other jurisdictions, and will provide the basis for future Transit First project development and implementation. DISCUSSION: Over the last year, two important transit studies have been undertaken in the South Bay—SBNT Transit Study and SBTF Study. Both studies have reached a critical juncture requiring Board input and action. Member Agencies: City of Chula Vista, City of Coronado. City of Ei Cajon. City of Imperial Beach. City ct La Mesa, City a Lemon Grove. City of National City. City of Poway. City of San Diego. City of Santee, County of San Diego, State of California Metropolitan Transit Development Board is Coordinator of the rMetropolitan Transit System and the ice; Taxicab Administration l�. Subsidiary Corporations. 'San Diego Transit Corporation, I �W I San Diego Trolley, Inc.. and IISan Diego 8 Arizona Eastern Railway Company For persona! top pUinning or route information, call 1-BOO-COMMUTE or visit our wab site et sd-ommu!e.cemr South Bay Near -Term Transit Study In partnership with Chula Vista Transit (CVT) we conducted the SBNT Transit Study to evaluate current CVT services, identify unmet transit needs, and develop operating and service improvements, particularly in the developing area of eastern Chula Vista. The study also provides a short-term local service framework for the longer -term Transit First Yellow and Red Car Plan for South Bay. The SBNT Bus Study was initiated on November 1, 2001, through a consultant contract with Transportation Management Design (TMD). We established a project review committee comprised of staff from CVT, the City of Chula Vista, and MTDB to provide technical expertise and review of deliverables. The study found that the areas with the highest population and employment densities are predominately in western Chula Vista. These are also the areas that garner the highest ridership in Chula Vista. The eastern part of Chula Vista, on the other hand, is experiencing rapid growth due to the development of several new, master planned communities (e.g., Otay Ranch) and is under -serviced by transit. To address the growing need for public transit in the growing portion of eastern Chula Vista and improve the efficiency of existing transit in western Chula Vista, TMD has provided a breakdown of service alternatives for each of CVT's routes. Page ES-4 in Attachment A, Executive Summary, summarizes these alternatives, while Attachment A-1 illustrates the proposed service recommendations. The recommended alternatives assume that the base annual ridership will increase by 23 percent, or 812,144 passengers, while annual operating cost will increase by 66 percent, or $2.9 million. The 66 percent increase in overall operating cost corresponds with a 66 percent increase in revenue service miles. Annual farebox revenue is anticipated to increase by 23 percent, or $478,450. The 66 percent increase in cost and 23 percent increase in farebox revenues result in an increase in the amount of annual subsidies required by about 102 percent, or $2.45 million. The majority of net subsidy increase is attributed to the increased level of service on Routes 711, 712, and 713. Implementation of these three routes is estimated to cost around $2.0 million annually. Page ES-8 in the attached Executive Summary shows the proposed implementation schedule and plan for service changes beginning in FY 03 and extending to five years through FY 07. The study also identifies additional operating and capital costs of the service proposals. Capital costs include the purchase of new buses, construction of park -and -ride lots, implantation of signal priority measures, and development of new transit centers. Page ES-9 in the attached Executive Summary shows a breakdown of the Capital Expansion Program beginning in FY 03 and extending to five years through FY 07. CVT will use this plan to propose service improvements through the annual Short -Range Transit Planning process. Implementation of the proposed services are contingent upon how each proposed service ranks in comparison to other proposed service improvements elsewhere in the region, and upon funding availability. -2- We are requesting that the MTD Board approve the draft SBNT Bus Study for release for a 30-day public review. We will return to the Board on October 17, 2002, with the results of the public review and request for final study adoption. South Bay Transit First Study In January 2002, we began work on the SBTF Study. The purpose of this study is to develop a Transit First Plan of Yellow and Red Car Projects in the South Bay including routes, priority treatments, station locations, land use coordination, costs, and a phasing strategy for implementation. f The study area includes National City to the north, the County line to the east, the International Border (extending from Otay Mesa to San Ysidro) to the south, and the Pacific Ocean to the west (Attachment B). In addition to National City and Chula Vista, the study area includes portions of the County, the City of San Diego, and Imperial Beach. Within the study area, we have developed a focus area of study that includes the cities of National City and Chula vista, as well as portions of the County. In addition to the Yellow and Red Car Projects, the focus area will include a more detailed evaluation of Blue and Green Car services, as well as some cross-section drawings of streets where transit has priority. This will be used by the jurisdictions for future development purposes and incorporated in the City of Chula Vista's General Plan update. The study has its roots in the San Diego Association of Governments' (SANDAG's) Regional Transit Vision (RTV), which is the regional network of Yellow and Red Car services being evaluated in the 2030 Regional Transportation Plan update. Working closely with the cities of Chula Vista and National City, we refined and enhanced the RTV to better address specific transit needs and travel demands in the study area. Asa result, we identified a Universe of Alignments (Attachment C) for the study area that included 26 Yellow and Red Car Projects for further evaluation. Based on further analysis we established a Tier One Plan of Projects from the initial Universe of Alignments. The Tier One Plan identifies those Yellow and Red Car Projects that would best meet travel demands, serve transit supportive land uses and activity centers, and generate the most ridership. Six of the original 26 projects are included in the Tier One Plan. All but two of these Tier One Projects (the Express Interstate 5 [I-5j Yellow Car Project and the Red Car Project along Main Street in Chula Vista) have been recommended to SANDAG for inclusion in the Mobility Scenario of the preliminary draft of the 2030 Regional Transportation Plan. The remaining projects are part of a Tier Two Plan (Attachment D) that would be further developed and advanced as part of future RTP updates. The Main Street project will also be further developed through the City of Chula Vista's General Plan update and will likely be proposed for inclusion in the next RTP update. The City of Chula Vista has submitted a letter of support for the study effort and development of the Tier One and Tier Two Plans (Attachment E). -3- Tier One Plan Of Projects The six projects that have been included in the Tier One Plan of Projects (Attachment F) have the most merit for implementation based on highest ridership, implementation feasibility, supportive land uses, jurisdictional support, and integration with the Transit First network. Each of the lines in the Tier One Plan are subject to modification during the next phase of the project as the City of Chula Vista refines their land use planning and we begin to fine-tune station and priority treatment locations. The projects proposed for inclusion in the Tier One Plan are as follows: Route 510 (Existing Blue Line Trolley). This project would increase frequencies on the existing Blue Line Trolley, between the San Ysidro International Border crossing and downtown San Diego (Attachment G), to seven minutes all day to provide enhanced Red Car service. This corridor is expected to carry in excess of 100,000 daily trips in 2030, which is the highest ridership projection for any corridor in the region. Route 540 (Express 1-5 Corridor Servicej. This Yellow Car Project would operate between the Ord Town -Transit Center and the San Ysidro International Border crossing (Attachment H). As Yellow Car service, this route would offer South Bay residents along the 1-5 corridor express service into downtown and the Old Town area, and supplement the Red Car service offered by Route 510 (Blue Line Trolley). Within the study area, stations would be located at the 8th Street Station, H Street Station, Iris Avenue Station, and at the terminus of the alignment at the San Ysidro International Border crossing. Several route variations are being evaluated for Route 540, including using managed lanes/high-occupancy-vehicle (HOV) lanes on 1-5, using existing Trolley right-of-way (or enhanced trolley right-of-way), or using land that may be available adjacent to the Trolley right-of-way to provide either express light rail service or transit lanes for Transit First bus rapid transit service. Route 627 (H Street Early Action Project and Eastern Urban Center Extension). This Red Car Project would operate between the H Street Station and the Eastern Urban Center in Otay Ranch via H Street (Attachment I). This route provides an important east -west connection between the older, more developed areas of Chula Vista and the rapidly growing areas in eastern Chula Vista: This route is one of the Board's adopted Early Action Projects, with a slight route modification that would allow us to serve Otay Ranch Heritage Village and the future Eastern Urban Center. We are evaluating stations at the H Street Station, Chula Vista Center/Scripps Hospital, Gateway Center/County Regional Center, Terra Nova, Paseo Ranchero, Southwestern College, La Media, and Otay Ranch Heritage Village. This route will receive more immediate design work as an Early Action Project. On July 25, 2002, the Board authorized release of a Request for Proposals for consultant assistance to complete a traffic impact analysis, environmental work, station refinement, and priority treatments design. Route 628 (Otay Mesa Border Crossing to Downtown San Diego). This Yellow Car Project is designed to operate between downtown San Diego and the Otay Mesa Border crossing (Attachment J). Route 628 is a modified version of the South Bay light rail alignment that was approved by the MTD Board in 1993. The route is proposed to -4- operate in the proposed HOV/Managed Lanes on 1-805 and through the dedicated transit way in Otay Ranch. This routing would provide direct access into downtown San Diego, which is one of the factors for the high ridership on this alignment. The previous South Bay light rail alignment had the route terminating at the 8th Street Trolley Station in National City, which would require that passengers transfer to the existing Blue Line Trolley to continue into downtown. The City of National City has expressed some concern about this change in routing, which eliminates the connection between the 8th Street Trolley Station and Plaza Bonita via State Route 54. To compensate for this, the SBTF Study will evaluate enhanced Blue Car Projects in that portion of the study area. We anticipate that we can design an enhanced Blue Car that will meet the needs of the City of National City. Stations on this alignment include the Otay Mesa Border crossing, Otay Mesa Boulevard (905) and State Route 125, Otay Ranch University or Village 9 Planning Area, Otay Ranch Eastern Urban Center, Otay Ranch Village Two, Otay Ranch Village One, and H Street/Terra Nova. As part of this study we will be evaluating the need for an additional station on Palomar Road. The next phase of this study will include more extensive design work on two important stations on the alignment —Eastern Urban Center and Village Two in Otay Ranch. Both of these stations offer the best opportunity to illustrate the components of Transit First and highlight the elements of smart -growth planning. Route RC1 (Main Street to Eastlake Business Park). This Red Car Project would operate along Main Street in Chula Vista and connect to the Eastlake Business Park (Attachment K). This route provides another east -west connection in the southern part of the study area as well as providing a north south connection from the - Eastlake Business Park to the Eastern Urban Center. This route would serve the planned redeveloped areas of Main Street as well the southern portion of Otay Ranch and a potential University of California campus. The route would then connect north to the Eastlake Business Park. Stations on this route are proposed at the Palomar Street Station, Fourth Avenue and West Orange Avenue, Beyer Way and Main Street, Albany Avenue and Main Street, 1-805 and Main Street, Main Street and Heritage Road in Otay Ranch, Rock Mountain Road. and La Media Road, Eastern Urban Center, Freeway Oriented Commercial, Eastlake Land Swap, Eastlake Parkway/Otay Lakes Road, and the Eastlake Business Park. Route 680 (Sorrento Valley to San Ysidro International Border Crossing). This is a proposed Yellow Car Project that would operate between Sorrento Valley and the San Ysidro International Border crossing, primarily along 1-805 (Attachment L). It is one of the Board's adopted Early Action Projects and would provide an important regional connection particularly with the H Street and Mid -Coast Early Action Projects, and the San Diego State University (SDSU) Showcase Project. Travel pattern analyses done as part of this study, as well as the Mid -Coast study, indicate that there is a strong travel demand between the southern areas of the county and Kearny Mesa/Sorrento Valley. This route would address this demand. Stations have not been located yet and will be analyzed as part of the next phase of this project. -5- We will also be undertaking an in-house analysis that will include development of priority treatments along 1-805. In the short-term, we will work with Caltrans to obtain freeway shoulder transit lanes. In the long-term, the project could be able to take advantage of proposed HOV lanes on 1-805. We have submitted a proposal to Congressman Filner that requests $6 million for continued development and implementation of this project. Next Steps. The next phase of this study will include the development of station and priority treatment standards for Tier One Red and Yellow Car services to ensure that appropriate right-of-way is reserved for project implementation in developing and redeveloping areas. Next steps will also include detailed planning for Tier One services in the built areas and work with developers to establish site plans for the larger transit facilities. We anticipate that this study will be completed in June 2003. Contract Amendment. The original work scope for the SBTF Study did not anticipate identification and evaluation of 26 projects in the initial Universe of Alignments, nor did it include the level of detail conducted to date on the H Street Early Action Project. The consultant, Wilbur Smith, has conducted the necessary analyses to advance the study to the point where we believe we have a strong Tier One Plan of -Projects, and to provide the Board with the level of information it needed to establish a Showcase/Early Action Project Management Plan (approved on July 25, 2002). To complete a comprehensive development of the Tier One Plan (including development of station and priority treatment standards, service plans, and design concepts), we are recommending a $75,000 contract amendment for Wilbur Smith. The amendment would bring the total contract with Wilbur Smith to $455,000 and is available in the FY 03 MTDB Budget for this project. The, recommended contract amendment and work scope are shown in Attachment M , Thomas F. Larwin General Manager SGreen/31-AUG22.JWI LLI/8-13-02 Attachments: A. SBNT Transit Plan A-1 SBNT Transit Study Map B. SBTF Study Area Map C. SBTF Universe of Alignments D. SBTF Tier Two Plan of Projects E. City of Chula Vista Letter of Support F. SBTF Tier One Plan of Projects G. SBTF — Route 510 (Existing Blue Line Trolley) H. SBTF — Route 540 (1-5 Express Yellow Car Service) I. SBTF — Route 627 (H Street Early Action Project) J. SBTF — Route 628 (Downtown to Otay Mesa Border Crossing) K. SBTF — Route RC1 (Main Street to Eastlake Business Park) L. SBTF — Route 680 (Sorrento Valley to San Ysidro International Border Crossing) M. Wilbur Smith Contract Amendment (MTDB Doc. No. G0693.2-02) Board Only -6- Att. A, AI 31, 8/22/02, SRTP 840.9.4 South Bay Near -Term Transit Study Executive Summary The purpose of the South Bay Near -Term Transit Study was to evaluate the current Chula Vista Transit services and identify efficiencies as well as address the unmet transit needs in developing area of eastern Chula Vista as well as the changing needs of western Chula Vista. The study resulted in a comprehensive transit plan for Chula Vista Transit (CVT) that will be utilized by CVT in concert with the Metropolitan Transit Development Board (MTDB) to improve the network of transit services within Chula Vista as well as to evaluate needed connections to major destinations external to the study area. The study has also addressed the needed linkages between short-term transit needs and the long-term direction of the TransittFir-st Plan for South Bay. The study was broken up into six parts including: • Existing Conditions • Existing and Planned Transportation Services • Unmet Needs • Transit Service Alternatives • Evaluation of Services • Financial and Service Implementation Plan Existing Conditions. The study required an assessment of population and employment, existing and future travel demand, development patterns, and, together with an in-depth evaluation of current CVT transit service performance. Firstly, potential transit travel markets were determined based on segregating a variety of different market potentials (population subgroups of youth, elderly, and those in poverty together with overall density). Secondly, current travel demand for work and non -work trips are analyzed using the most current SANDAG travel data. Thirdly, a summary of interviews conducted with Chula Vista Transit and the City of Chula Vista Planning Department with the final section providing a summary of the current transit services offered in the study area. Figure ES-1 provides a summary of the current CVT transit services. The conclusions that came about from the analyses stated above include: • The areas with the highest population and employment densities are predominately in western Chula Vista. These are also the areas that are generating the higher ridership on Chula Vista Transit Services. Executive Summary Page ES-1 t A-i South Bay Near -Term Transit Study • The Eastern part of the City of Chula Vista is experiencing rapid growth due to the development of several new master planned communities, many of which incorporate Transit Oriented Design (TOD). Figure ES-1 Summary of Service Characteristics for Chula Vista Transit Chula Vista Transit Service Service Span Peak/Base Frequency Destinations Served �,.3 Weekday S r.Setuiiiiii - x t ,.. "" :5ugdeyr R r�q,Weekde -_ R5atucday+ ..- g•Barl ....:.-.- 7� Scripps Route 701 H St. Trolley Station, CV Center, CV Middle School. Hospital, Main Library. Norman Park Senior Center, Hilltop High, Hilltop Middle. Castle Park High. Palomar St. Trolley Station. • 5:06am - 11.25pm 7:00am - 10:25pm 7:45am - 10:25pm 30 30 30 Route 702 H St. Trolley Station. CV Center. CV Jr. High, Scripps Hospital, Civic Center/Library. Downtown CV, Norman Park Senior Center, Hilltop Middle, Castle Park High and Middle, Palomar St. Station. 5:30am - 11:20pm 6:30am - 10:35pm 7:00am - 9:50pm 30/45 45 90 ,. Route 703 H St Trolley Station, CV Center, CV Jr. High. Scripps Hospital. NP.ost ffice, Armv. Hili�+gn High. 5:14am - 10:44pm 6:47am - 8:14pm 6:47am - 8:14pm 30 45 90 .SaJatiart Greg Rogers & Sequoia Parks, CV Boys & Girls Club, Palomar St. Trolley Station. Route 704 H St. Trolley Station, CV Center, CV Jr. and Sr. High, CV Adult School. Greg Rogers Parks. CV Boys & Girls Club, Sharp Medical Center. Bonita Vista High, Southwestern College. 5:27am - 10:04pm 7:20am • 8:28pm - AM- 30: Mid- 33; . PMSO: EVE-75 80 - Route 705 Bayfront/E St. Trolley Station, CV Library, Downtown CV. Fredericka Manor, Plaza Bonita Shopping Center. Kaiser Clinic, Bonita Vista Middle and Sr. High, Southwestern College. 5:55am - 10:20pm 7:30am - 8:30pm 9:00am - 8:30pm 40 (AM-30) 40 40 rH Route 706 St Trolley Station, CV Center,Scripps Hospital. Civic Center/Library, DMV, Downtown CV, Memorial and Norman Parks, Norman Park Senior Center, County Regonal Center. 9:00am - 7:30pm 9:00am - 7:30pm 9:00am - 6:10pm 20 .. 20 40 Route 706A Bayfront Trolley Station, Manna RV Park, H St Trolley Station, CV Center, Civic Center. DMV, Downtown CV, KOA, Norman Park Senior Center, County Regional Center. South Bay Marketplace. 7:30am - 7:30pm 7:30am - 7:30pm 7:30am - 6:30pm 60 60 60 Route 707 H St Trolley Station. CV Center, CV Jr. High. Scripps Hospital, County Regional Center. Terra Nova Plaza, Sharp Chula Vista Hospital. Medical Center, and Veterans Home. 6:05am - 6:59pm 7:05am - 6:59pm - 60 60 - Route 708 Bayfront Trolley Station and Nature Center 9:50am - 5:12pm 9:50am - 5:12pm 9:50am - 5:12pm 20 20 20 Route 709 H St. Trolley Station, CV Center, CV Jr. Nigh, Scripps Hospital, County Regional Center, Terra Nova Plaza, Southwestern College. Eastlake High, and Eastlake Library. 6:10am - 10:19pm - 7:30am - 9:34pm 9:05am - 9:34pm AM- 15; Mid- 25; PM-25: EVE-30 60 - Route 711 Plaza Bonita Shopping Center, Bonita Post Office, Bonnie Brea Center. County Library, Bonita Vista Middle and Sr. High School. Southwestern College, Eastlake High. and Kaiser Hospital. 6:00am - 7:50pm - - 75 - - Route 712 Palomar St. Station, Palomar High, Castle Park Middle and High, Sharp Medical Center and Veteran's Home. South Bay Career Center. - 6:00am"10:56pm 8:00am- 9:56pm 8:00am - 9:56pm 60 60 60 Executive Summary Page ES-2 A-2 South Bay Near -Term Transit Study Existing and Planned Transportation Services. This section summarizes the existing and planned transit services within the Chula Vista study area as well as the alternative transportation resources and infrastructure. The plans that were addressed include: • Chula Vista General Plan Update (currently being undertaken) • Otay Ranch General Development Plan o October 1993 o Amended June 1996 • Transit First - Metropolitan Transit Development Board o October 2000 • Eastlake III Woods And Vistas Replanning Program - Final _ Subsequent Environmental impact Report o June 2001 • Survey of Eastern Chula Vista Residents o February 2002 This section also detailed some of the new roadway infrastructure developments that are planned for eastern Chula Vista. These include: • Extending Palomar Street from Oleander to Paseo Ranchero • Extending Orange Avenue/Olympic Parkway from Brandywine to Hunte • Extending Paseo Ranchero from Telegraph Canyon to Otay Valley. Chula Vista Transit Unmet Needs. This section builds on the findings of the two prior sections to identify specific markets and opportunities to serve the unmet transit needs in Chula Vista. The unmet needs that were identified include: • Frequency of Service for Chula Vista Transit • Span of Service for Chula Vista Transit • Overcrowding (Quality of Service) • Service Requests • Support of Transit First Services • Travel Time • Vehicle Size • Transit Hub for Eastern Chula Vista Executive Summary Page ES-3 ZIA A-3 South Bay Near -Term Transit Study • Parking Constraints at Trolley Stations • Low -Performing Routes. Transit Service Alternatives. The longer -term, 20-year, Transit First vision for Chula Vista is to develop high-speed connections for commuters on I-805, SR-125 and Palomar Street. BRT/LRT alternatives call for service on 3rd Avenue, H Street, Palomar Street, and SR-125. While this study focuses on the short-term, it is important to note that current actions and services would help build transit ridership and support future transit improvements that are part of the Transit First Vision. The short-term vision for transit service in Chula Vista includes: • Designating H and Palomar Streets as transit corridors for high frequency limited stop transit service between Southwestern Community College in Eastern Chula Vista and the H.Street and Palomar Street Trolley Stations. These routes would be replaced at a later date by. Red Car services proposed in the Transit First vision. • Improving the frequency, span of service, and days of operation ,,.on existing transit service in Western Chula Vista. Adjust existing ;routes to provide increased coverage. Examples of service improvements include provision of a bi-directional 30-minute service in Downtown Chula Vista. • Deploying shuttles to new communities in Eastern Chula Vista. Shuttle services could be a combination of possible developer - funded shuttles and re -deployment of resources from the restructuring of some CVT routes currently serving this area. • Implementing commuter express to Downtown San Diego from Eastern Chula Vista and/ or limited stop shuttle service to Trolley stations is included as potential TDM strategies. A summary alternatives for each of CVT's routes consists of: Route 701 - Adding an afternoon tripper to relieve overcrowding issues from school demand. Route 702 - Will provide local service along Palomar Street in western Chula Vista complementing the proposed limited -stop Route 712. The special 1/4 mile route deviation along Quintard will be discontinued to allow for more direct local service in the corridor. Service increases from 45 to 30 minutes in the PM peak. Executive Summary Page ES-4 A-4 South Bay Near -Term Transit Study Route 703 - No changes recommended. Route 704 - The route will be truncated at Sharp Medical Center, providing better community access to this destination. Other destinations served by the current Route 704 will still be served, but with other routes. Better frequency is provided in the PM peak and evening. Route 705 - The route is realigned to serve Sweetwater Road rather than Bonita Road (only a few stops today); the Buena Vista Road segment of the current Route 704 is added without additional resources. Provides consistent 30-minute service all day from Plaza Bonita to Southwestern Community College. Route 706 - Combines the major destinations for the current Route 706 and Route 706A into a single bi-directional shuttle, rather than two one- way loop. te: "^ Y all will be provided as well lvi7 .r. i..Ji�S`ia c.�c�,�v"'al urlllte 3C.V10E day as an expanded span of service. Route 706A - Integrated into the proposed bi-directional Route 706. Only the KOA campground will not receive service with new Route 706. Route 707 - The proposed Route 707 will provide local service to support the proposed Route 709 limited -stop, service along. H Street. A minor re- routing from Paseo Del Rey to Paseo Ranchero and J. Street is also proposed, meeting several requests for service on Paseo Ranchero while keeping nearly all of the current stops within a short walking distance. Frequency is increased from 60 minutes to 30 minutes on weekdays as well as increasing the span of service on weekdays and Saturdays. Route 708 - No changes recommended. Route 709 - The route will truncate at Southwestern Community College (SWCC) with the remaining part of the route serving Eastlake becoming a part of the proposed Route 711 shuttle services. The SWCC to H Street Trolley core part of the route is proposed as a higher -speed limited -stop service that will operate together with the local service on Route 707. Route 709 is proposed to be interlined with the proposed Route 712 to. improve reliability and efficiency. Frequency will be increased to 15- minutes in the AM peak, midday and PM peak and the span of service will be broadened on weekdays, Saturdays and Sundays. This will be a precursor to a potential Bus Rapid Transit.(BRT) Transit First showcase project on H Street. Route 711 - Service to Plaza Bonita is shifted to the proposed Route 705, while service along Carroll Canyon is discontinued. Current Route 711 service from SWCC to Eastlake will be expanded to three shuttle routes serving Eastlake Greens, Eastlake/Rolling Hills and Rolling Hills/Hunte Executive Summary Page ES-53 A-5 South Bay Near -Term Transit Study Parkway. Frequency will be expanded to 30-minutes on all of the shuttles; the span of service on will also be expanded weekdays and Saturdays with new Sunday service. Route 712 - This route will be -extended to serve Southwestern Community College and is being re-routed off of Melrose and Naples to serve Palomar Street with a short deviation to directly serve Sharp Medical Center. This route will be operated as a higher -speed limited - stop service together with Route 702 providing local service in western Chula Vista. Route 712 will be interlined with Route 709 for reliability and efficiency reasons as noted above. Frequency will be increased to 15- minutes in the AM peak, midday and PM peak and the span of service will be broadened on weekdays, Saturdays and Sundays. Route 713 - These are a series of new shuttle routes proposed to serve the Otay Ranch Village 5, 6, 11 and the Eastern Urban Center. Since distinctive travel patterns for the area have yet to be established, no exact routing has been established. Four vehicles have been budgeted using roughly the same mileage and hours as the Route 711 shuttle services. Evaluation of Services. To aid in the prioritizing of recommendations presented previously, evaluation criteria were developed. Figure ES-2 shows evaluation criteria that were used to evaluate the service recommendations as part of the South Bay Near -Term Transit Study. Figure ES-2 Evaluation Criteria RIDERSHIP MARKET IMPACTS SERVICE CHARACTERISTICS Transit Dependent Commuters Seniors Disabled College Students Youth Enhances Regional Service Enchances Circulation in Chula Vista Reduced or More Convenient Transfers Improves Multi -Modal Integration Improves Transit Travel Times Improves Service Frequency Improves Span of Service Provides Support for Transit First Provides or Improves Access to Transit Supportive Land Uses (TOD, High -Density Development) Responds to Overcrowding Issues Responds to On -Time Performance Issues COMMUNITY SUPPORT Vehicle Size Provides Alternative to the Automobile Operating Feasibility Walkability SERVICE PERFORMANCE Easier to Understand Improves Cost Efficiency Improves Service Productivity Net Savings In Annual Costs Serves Other Unmet Needs Executive.Summary Page ES-6 A-6 South Bay Near -Term Transit Study Values were assigned for each criterion on the basis of: • Very Positive (+2) • Positive (+1) • No Change (0) • Negative (-1) • Very Negative (-2) Figure ES-3 shows the composite scoring of the evaluations for each of the service recommendations. The recommendations for Route 712 and 709 scored the highest, while the Routes 704 and 702 ranked the lowest. No changes are proposed for Routes 703 and 708. These routes, therefore, were not included in the evaluation process. Furthermore the Route 713 shuttle services were not included since it was recommended after the formalevaluation process. Figure ES-3 Service Recommendations Evaluation Scoring Route RIDERSHIP MARKET IMPACTS SERVICE PERFORMANCE SERVICE CHARACTERISTICS COMMUNITY SUPPORT TOTAL 701 7 (7) 18 2 20 702 4 0 9 2 15 703 No Changes 704 4 1 8 2 15 705 8 (3) 12 1 18 706 13 3 19 1 36 707 19 4 14 (1) 36 708 No Changes 709 12 12 25 5 55 711 16 6 17 7 46 712 23 1 41 8 73 Financial and Service Implementation Plan. This last section provides a program of projects for implementation by Chula Vista Transit over the next five years. The program of projects is based on the service alternative rankings developed in previously. A summary of service recommendations and parameters, ridership estimates, operating and capital costs, operating policies, additional revenue sources as well as the financial and implementation plan for the project were developed as part of this task for CVT. Furthermore, it has been the goal of the study to further provide recommendations and a plan that will provide CVT with precursors and/or preliminary enhancements to plans being put into place as part of the longer -term Transit First Vision. Executive Summary Page ES-7 A-7 South Bay Near -Term Transit Study Figure ES-4 provides the phased implementation plan and Figure ES-5 displays the proposed financial plan. The capital and capital -operating plan are shown in Figure ES-6. Figure ES-4 Phased Service Implementation Plan Implementation Factors Revenue Service Miles - Baseline Route 706 Downtown Service Routes 709 & 712 Limited Stop Service Route 711 Eastern Chula Vista Shuttles Route 702, 704 & 707 Restructuring Route 701 and 705 Improvements FY 2003 13 253'- 61,190 FY 2004 S`25;3= 61,190 190,595 213,235 85,710 FY 2005 13;253? 61.190 190.595 213,235 85,710 102,065 FY 2006 1..4132537 61,190 190,595 213,235 Route 713 Eastern Chula Vista Shuttles 85,710 102,065 276,366 FY 2007 3xa �1F41$253 61,190 190,595 213,235 85,710 102,065 276,366 Total 7A66 266,t 305,950 762,381 852,941 342,842 306,194 552,732 Total Revenue Service Miles 1,474,443 1,963,984 2,066,049 2,342,415 2,342,415 10,189,306 Passenger Boardings - Baseline Route 706 Downtown Service Routes 709 & 712 Limited Stop Service Route 711 Eastern Chula Vista Shuttles av Route 702, 704 & 707 Restructuring Route 701 and 705 Improvements 3!1.964Tr35 56,499 �y3i583 885', 57,911 134,580 152,991 115,142 �,36F3�482 59,359. 137,945 156.816 118.020 73,269 :Zi8g85'319* b0,843 141,393 Route 713 Eastern Chula Vista Shuttles 160,736 120,971 75,100 315,604 .,3;859 452n iT��,�76'611� -62,364 " ..- 196.5;`T 144,928 558,846 164,755 635,299 123,995 76,978 323,494 478,129 225,347 639,098 Total Passenger Boardings Revenue Hours - Baseline Route 706 Downtown Service Routes 709 & 712 Limited Stop Service Route 711 Eastern Chula Vista Shuttles 3,552,972 lQ 837. 2,298 4,044,510 14 8374 2,298 9,506 15,766 4,218,891 2,298 9,506 15,766 7,469 4,639,968 0 .14t 2,298 9,506 15.766 7.469 4,755,967 Z0;$374, 2,298 9,506 15,766 7,469 21,212,307 11,488 38,0` 63,06, 29,875�- " Route 701 and 705 Improvements 5,849 5,849 5,849 17,547 Route 713 Eastern Chula Vista Shuttles - - 19,536 19,536 39,072 Total Passenger Boardings 113,134 145,875 151.724 171,260 171,260 753,252 Figure ES-5 Proposed Financial Plan Operating Costs & Farebox Revenues FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Total Chula Vista Transit -Direct Costs $ 1,698,844 $ 1.666,978 $ 1,698.417 $ 1,727,909 $ 1,763,354 $ 8.555,502 Purchased Transportation - Baseline Costs $ 4,454,292 $ 4,587,561 $ 4,724,788 $ 4,866,255 $ 5,011,961 $ 23,644,857 ..k. uhtataLBaSelinelCosls ;S 6,i.53,4 G6� $s 46 254,539 ;fi 6,;423.2Q5< FU-2,6 594,164 $ yC17z5.315. $ 32;20Q359i* Additional Purchased Transportation Cost $ 192,859 $ 1,787,728 $ 2,182,426 $ 3,199,382 $ 3,295,179 $ 10,657,574 .- --z: ="7 Total Operating Costs $:z6,345,994 548:042 267_ =$. 8 605 632 9„7,93,546E 3r.-A 10;0.7.0.494., :S' 2;85Z 933S Farebox Revenues $ 2,096,253 $ 2,433,986 $ 2,589,707 $ 2.905,143 $ 3,037,327 $ 13.062,416 S'_'4:249.,741 5:, .5;608 281 $ 6;016924 5;;- :6:888 403;- ;$ J.:033167 a5 ..29.795 5- 7<`. ;* r,•OletrOper*ing-Subsidy Revenue Vehicle Hours 113,134 145,875 151,724 171,260 171,260 753,252 Revenue Vehicle Miles 1,474,443 1,963,984 2,066,049 2,342,415 2,342,415 10.189,306 Passenger Boardings 3,552,972 4,044,510 4,218,891 4,639,968 4,755,967 21.212,307 Cost Per Hour $ 56.09 $ 55.13 $ 56.72 $ 57.19 $ 58.80 $ 56.90 Cost Per Mile $ 4.30 $ 4.09 $ 4.17 $ 4.18 $ 4.30 $ 4.21 Miles Per Hour 13.0 13.5 13.6 13.7 13.7 13.5 Passengers Per Hour 31.4 27.7 27.8 27.1 27.8 28.2 Passengers Per Mile 2.41 2.06 2.04 1.98 2.03 2 "` Subsidy Per Passenger $ 1.20 $ 1.39 $ 1.43 $ 1.48 $ 1.48 $ , irebox Recovery Ratio 33% 30% 30% 30% 30% 3C Executive Summary Page ES-8 A-8 South Bay Near -Term Transit Study Figure ES-6 Capital Expansion Program Capital Purchases FY 2003 FY 2004 FY 2005 FY 2006' FY 2007 Total 9 Expansion 30-Foot Buses $ 1,650,000 $ - $ 1,320,000 $ - $ - $ 2,970,000 3 Expansion 40-foot Buses $ - $ 1,080,000 $ - $ - $ - $ 1,080,000 2 Park & Ride Lots (250 Spaces)* $ 5,000,000 $ - $ - $ - $ $ 5.000,000 Signal Priority** - $ - $ 100,000 $ 100,000 $ - $ 200,000 Transit Center*** $ 2,500,000 $ - $ - $ - $ - $ 2,500.000 =. jcitaTCapital Purchases S. 9,150,000= $: 1,080;000 $.:c 1,420,000-;$ :,: 100;000 $ i:>. S. ' 11;750,000- Capital Operating FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Total 2 Park & Ride Lots (250 Spaces)**** $ 60,000 ' $ 61,200 $ 62,424 $ 63,672 $ 64,946 $ 312,242 Signal Priority - - - - - Transit Center***** $ 60,000 $ 61,200 $ 62,424 $ 63,672 $ 64,946 $ 312,242 - , : _;.Total-Capital=Operating.Si.: ;420,000: $.->:-<122,400 $. .-.124.848- <S ;i12Z,345G 4-- .=�129;892=: $cep=«4624;485 *Based on figures provided from Caltrans - $10,000/space **Based on figures provided from MTDB - $20,000/signal ***Based on average square foot cost of $83.00 *****Based on figures provided from Caltrans - $5,000/month *****Assumed same cost as Park & Ride operating cost Executive Summary Page ES-9 A-9 • air, Sheol Slallon WAIM Seel Station 0 aylnmtiE Strobl Slalom Palomar Slree -•-QLnr River r Palm Avenue Slalon Figure 5-2 Proposed Service Recommendations %lr olymplcS ' -,� �af 4 Dol.) Stmt. SANI1Ai3 Cny ,il I mda V..la Revised May 1002 P91 fi Y co • CPI 140 N N O N 00 1D South Bay Near -Term Transit Study Universe of Alignment Routes and Stations MTDB - South Bay Transit First Project PROJECTAREA LEGEND imo rnNi.rwProject Boundary Proposed Freeways Na1N IMINFr*s M a n MANNERS Vari FctN9(MIISI Wilbur Smith Associates SINISYy PA Owl *Mk WO Ida Okse,CA11113 MCtPll FIGURE 1-1 PROJECTAREA IV `I 34V `ZO/ZZ/8 `T£ Universe of Alignment Routes and Stations MTDB - South Bay Transit First Project YELLOW CAR AND RED CAR SERVICE ALIGNMENTS LEGEND [�XII Red Car Service Alternate Red Car Service Yellow Car Service Alternate Yellow Car Service Project Boundary Proposed Freeways Red Car Station Yellow Car Station Alignment Number ArAlieb. MINIM WM MANNERS MIM I"!Y)N M I5T wo Wilbur Smith Associates 14•10.9.,CA*at tlAsnnn FIGURE 2-1 YELLOW CAR AND RED CAR SERVICE `zo/zz/8 `!£ IV `3 "31V Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project PROPOSED TIER TWO ALIGNMENTS LEGEND Alignment unsammimos Project Boundary ., ... _ , .. Proposed Freeways Stations 670 690 RC-3 Proposed Tier Two Alignments i2!A �NGINFE0.5 IMS PLANNERS e�_ EECONDNRs Wilbur Smith Associates Si,,Sin INii p.CA Sins urlaE otiu nm1.181114/71 PROPOSED TIER TWO ALIGNMENTS U8/13/02- Utl:25 FAX C.V. PLANNING & BUILDING 4002 Att. E, AI 31, 8/22/02, SRTP 840.9.4 crOF CHUTA VISTA PLANNING AND BUILDING DEPARTMENT August 12, 2002 Ms. Jennifer Williamson Metropolitan Transit Development Board 1255 Imperial Avenue, Suite 1000 San Diego, CA 92107-7490 RE: SOUTH COUNTY TRANSIT FIRST PROGRAM LETTER OF SUPPORT Dear Ms. Williamson: The City of Chula Vista is pleased by the substantial progress that has been realized on the South County Transit First Program to date. At its August 22, 2002 meeting, the Metropolitan Transit Development Board of Directors is being requested to endorse the South County Tier 1 and Tier 2 Plan of Projects. This will allow subsequent work on the study being carried out by Wilbur Smith Associates under contract with the Metropolitan Transit Development Board to focus on the Tier 1 routes identified, and develop station and transit priority treatment standards for these transit projects, as well as facilitating complementary land use planning and providing cost estimates and phasing/implementation plans. This will be a critical input to the City of Chula Vista's ongoing General Plan Update and other regional and local planning efforts. As a result, the City of Chula Vista supports the staff recommendation, and moving forward to conduct further analysis of the proposed transit system defined. This is with the understanding that route refinements may occur as this analysis proceeds. The City also reiterates its commitment to continuing its cooperative effort with MTDB and other study participants. The City of Chula Vista has appreciated the opportunity to be part of this effort, and looks forward to continuing to work with you on the South County Transit First Program. Please contact me at (619) 691-5004 or Mark Stephens of my staff at (619) 409-5959 if you have any questions regarding this letter. 276 FOURTH AVENUE • CHULA VISTA CALIFORNIA 9191U �+ P.n{an,u.0.1.4 ld E-1 Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project PROPOSED TIER ONE ALIGNMENTS LEGEND Alignment n om assiri Project Boundary Proposed Freeways (} Stations !M1 627 Proposed Tier One Alignments 0 %i71R rnrnaTas hut PLANNERS FCONOMIS1 ur WilbSmith Associates +m+yruW4Swxme San Dk1&,CA KW i4191J/a{ PROPOSED TIER ONE ALIGNMENTS `ZO/ZZ/8 `i£ IV `3 'laV Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project ROUTE 510 - Downtown San Diego to San Ysidro Crossing via existing Trolley LEGEND Alignment 1...,....-Project Boundary Proposed Freeways Stations ;INNERS PLANNERS ECONOMIS Wilbur Smith Associates 11114INAand, 9NY MO reek /14li9d711 FIGURE 2-1 510 ALIGNMENT dLRS `ZO/ZZ/8 `I Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project ROUTE 540 - Old Town to the Tijuana Border Gassing LEGEND Alignment .ru.w�rr Project Boundary Proposed Freeways Stations EAMINFFRS MANNERS ECON(AIIS Wilbur Smith Associates 1YYfk1PYk UY1,9YIY lM ASTRPTI Wel FIGURE 3-1 540 ALIGNMENT Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project ROUTE 627 - H Street Trolley Station to East Lake Business Park LEGEND Alignment 111111111,w..,.111111. Project Boundary ,..,...,....... ProposedFreeWays Stations NCINFIRS PIANNFhS FCONOMI! Wilbur Smith Associates lmtlj Pak Cray Wt. N 9.n0YrkG ml, u 44.,m FIGURE 4-1 627 ALIGNMENT Att. I, AI 31, 8/22/02, SRTP 840.9.4 Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project ROUTE 628 - Otay Mesa Border Crossing to Interstate 805 via Palomar Street Alignment Project Boundary Proposed Freeways Stations NOINFERS MANNERS ECONOMIS Wilbur Smith Associates 14^� lk)TYYCM,lWul. tY11 pYptCAflit! ea turn FIGURE 5-1 628 ALIGNMENT `ZO/ZZ/8 `i£ Transit Priority Treatments Alignment and Stations MTOB- South Bay Transit First Project ROUTE 680 - San Ysidro Border Crossing via Interstate 805 Alignment mommonomm Project Boundary Proposed Freeways Stations ' '��NErns I/ ■1 PLANNERS r /M ECONOMIS1 Wilbur Smith Associates tf144h046+4 M4 b1 gottaw, Wtwdm `ZO/ZZ/8 `i£ FIGURE 6-1 0 680 ALIGNMENT •o Transit Priority Treatments Alignment and Stations MTDB - South Bay Transit First Project ROUTE RCI - Palomar Street to Otay Ranch via Eastlake Parkway to Eastlake Business Park LEGEND Alignment Project Boundary ........,. Proposed Freeways Stations PNCINFERS 41� l■A PLANNERS .�V FLNUMISI Wilbur Smith Associates Mn Op,, CARCf /iM1NNM FIGURE 7-1 RCI ALIGNMENT 6ZO/ZZ/8 `T£ Metropolitan Transit Development Board 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 August 22, 2002 Mr. Jim Neal Wilbur Smith and Associates, Inc. 9370 Sky Park Court, Suite 200 San Diego, CA 92123 Dear Mr. Neal: RA Att. M, AI 31, 8/22/02, SRTP 840.9.4 MTDB Doc. No. G0693.2-02 SRTP 840.9.4 (PC 20480) Subject: AMENDMENT NO. 2 TO_MTDB DOC. NO G0693.2-02; AGREEMENT BETWEEN MTDB AND WIL 3UR SMITH AND ASSOCIATES, INC., FOR CONTINUED WORK ON THE. SOUTH BAY TRANSIT FIRST STUDY This letter will serve as Amendment No. 2 to the Wilbur Smith and Associates, Inc. (WSA), contract (reference MTDB Doc. No. G0693.0-02), increasing the budget by $75,000 for planning work associated with the South Bay Transit First Study. SCOPE OF SERVICES See the attached revised Scope of Work. SCHEDULE AND PAYMENT The total budget for this amendment is $75,000. The budget covers planning activity related to the South Bay Transit First Study. Payment to WSA will occur as work is completed on each task as outlined in the Scope of Work. All work shall be completed by the end of the contract period, which is June 30, 2003. Payment for the work will occur monthly as part of the standard invoicing process. If you agree with the above, please sign in the space provided below and return the document marked "original" to Jeanne Yamamoto at MTDB. Retain the other copy for your records. Sincerely, Accepted: Thomas F. Larwin Jim Neal General Manager Wilbur Smith and Associates, Inc. SGreen/CL-W SA06932.02.J W I LLI Date: Attachment: Scope of Work Member Agencies:.. City of Chula Vista. City of Coronado. City of El Cajon. City of Imperial Beach. City or La Mesa. City of Lemon Grove. City of National City. City of Poway. City of San Diego. City of Santee. County of San Diego. State of California Metropolitan Transit Development Board is Coordinator of the tvletropolitan Transit System and the i-4-1Taxicab Administration Subsidiary Corporations:cjw San Diego Transit Corporation. ; ; San Diego Troller. Inc.. and O San Diego & Arizona Eastern Railway Company. For personal trip planning or route information. call 1-800-COMMUTE or visit our web site at socommute.com!! 'M-1 ATTACHMENT A SCOPE OF WORK SOUTH BAY TRANSIT FIRST STUDY PURPOSE The primary objective of this study is to develop a transit plan and identify transit projects in the South Bay area of San Diego that support and refine the Metropolitan Transit Development Board's (MTDB's) adopted Transit First strategy. The South Bay Transit First Study will include a phased - implementation strategy so that the identified projects can be defined and incorporated into the San Diego Association of Governments' (SANDAG's) Regional Transportation Plan (RTP), the City of Chula Vista's General Plan Update, and land use planning activities for the cities of San Diego, National City, and Imperial Beach, and the County of San Diego. The Study will: • Evaluate, refine, and develop a Transit First plan for the South Bay study area, including internal connections, links to key external destinations, transit priority measures,and station locations. A regional conceptual Transit First plan has been developed (and is currently being updated by SANDAG) that will provide a framework for developing the focused South Bay Transit First Plan. • Identify and refine Transit First Yellow, Red, and Green Car projects from the plan, with particular emphasis on Yellow and Red Car services. Service concepts for Yellow, Red, Blue, and Green Car projects are the foundation of MTDB's Transit First strategy. • Develop a phasing plan for the identified projects that is consistent with the Transit First phasing strategy scheduled for adoption by the MTD Board of Directors in late 2001. The phasing strategy will build a network of projects for the near-, mid-, and long -terms. • Develop conceptual design of selected stations and transit priority treatments. • Assess the role of the MTDB-adopted South Bay Transit Way in the South Bay Transit First plan. PROJECT BACKGROUND In 1993 the MTD Board adopted the South Bay Public Transportation Plan and the South Bay Light Rail Transit (LRT) Extension study. As a result of these efforts the MTD Board of Directors adopted two light rail alignments in South Bay (Otay Ranch LRT and Otay Mesa LRT) for planning purposes (Exhibit 1). Dedicated right-of-way for an LRT alignment and station sites have been integrated into the design plans for several transit -oriented villages in Otay Ranch, and right-of-way reservations have been incorporated into development agreements along Otay Mesa Road. The alignments and right-of- way have been identified more generally as Transitways in SANDAG's RTP. Subsequently, however, the MTD Board adopted a Transit First strategic plan that has led MTDB to rethink the way it provides transit in the region, including the South Bay. The adopted Transit First strategy has its basis in market research, transit/land use integration, and Bus Rapid Transit concepts. The Transit First strategy shows how public transportation can play an increased role in providing an attractive alternative to the automobile to help accommodate regional growth and meet travel needs over the next 20+ years. Creating a new and different transit customer experience has been a guiding force in the Transit First strategy. To achieve a positive customer experience, the design of the transit system must pay attention to travel speeds and service reliability M-2 (transit priority), access, walk and wait environment (land use integration), design issues, and customer amenities at stops and on vehicles. The Transit First strategy includes a rich network of service types ranging from neighborhood shuttles serving short -distance trips to higher -speed, limited stop routes for longer distance trips, as follows: • Yellow Car. Serves longer distance trips (6+ miles), maintaining high average speeds (35-40 mph) with very limited stops. Yellow Car routes would complement Red Car services to form the spine of the regional transit system. Yellow Car services would require extensive use of transit priority treatments such as dedicated running ways, queue jumpers, and signal priority. Yellow Car service is used in two ways: ➢ Serving corridors where longer station spacing is justified based on links between major origins and destinations, and land use patterns that lead to longer -distance tripmaking. ➢ Serving as an overlay in selected Red Car corridors where a faster, more limited -stop service is justified (in addition to Red Car service) for high -volume, long-distance trip needs. • Red Car. Serves medium -distance trips-(1-9 maintaining -relatively high average speeds (20-25 mph) with limited stops. Red Car services are often linked to Blue Car service for local distribution. The current San Diego Trolley system and the County's express bus routes mostly operate as Red Car service. Red Car services would require use of transit priority treatments such as dedicated running ways, queue jumpers, and signal priority. • Blue Car. Serves short -distance trips (0-5 miles) with frequent stop spacing. Blue Car service provides basic mobility, albeit at low speeds (10-25 mph), on primarily local and arterial streets. Most of the current San Diego region bus system operates as Blue Car service. • Green Car. Serves community -level tripmaking that could include neighborhood circulators, feeder access to Yellow and Red Car service, and/or specialized fixed -route shuttles. Green Car services would likely use smaller shuttle vehicles. In some situations, Green Car services would benefit from dedicated running ways and queue jumpers. The Transit First vision is to make transit such a desirable option that people will make it their first choice for many of their daily travel needs. The South Bay Transit First Study is the first step toward implementation of the Transit First vision and strategy in a focused geographic area (South Bay). More information about the Transit First vision and strategy is provided in the following enclosed documents: • "Transit Works" report (Exhibit 1) • Transit First Fact Sheet (Exhibit 2) • MTD Board reports from June 14, 2001, and July 12, 2001 (Exhibits 3 and 4) • Article "Transit First: A New Vision for Transit in San Diego" (Exhibit 5) PROJECT LIMITS The South Bay study area is defined as the border of San Diego and National City to the north, the County of San Diego/Bonita to the east, the Pacific Ocean to the west, and the International Border to the south (see Attachment B to the RFP letter, "project area map"). Within the study area, the focus will be the City of Chula Vista, the City of National City, and their surrounding planning areas. -2- M-3 COORDINATION WITH OTHER AGENCIES This study is undertaken in partnership with the City of Chula Vista, City of National City, City of San Diego, the County of San Diego, and SANDAG. The consultant shall provide ongoing coordination with these and other agencies. This coordination with other agencies will be an important part of the study effort and will include, but not be limited to, the following agencies: City of Chula Vista, City of San Diego, City of National City, Chula Vista Transit, County of San Diego, City of Imperial Beach, SANDAG, Caltrans, California Transportation Ventures for SR-125 Bridge Right -of - Way, Unified Port District, San Diego Trolley, Inc. (SOT!), and San Diego Transit Corporation (SDTC-). The City of Chula Vista has retained a transit consultant to provide assistance with its General Plan Update and provide input to this Study. The City of Chula Vista also expects to retain a public outreach consultant and coordination with this consultant will be necessary. Particularly important will be coordination with the City of Chula Vista General Plan Update and its component studies, along with other applicable local and regional plans. Meetings will be held with these agencies, as needed, throughout the project. The consultant shall provide meeting notes outlining the -date; atieiiianr;e, iriyl`iiights,aiid follow-up actions. In additiun, Uie consultant will be required to prepare graphics for these meetings. These will generally be figures, flip charts, PowerPoint presentations, or other presentation materials as directed by MTDB. COORDINATION WITH THE PUBLIC Project Review Committees shall be established for the Study to provide a means for citizen input and guidance for the work effort. These committees will consist of business owners, corridor residents, property owners, and other interested parties. They will meet as needed, generally every two to three months. The consultant's project manager, and other consultant staff as needed, will be required to attend these committee meetings. In addition, the consultant will be required to prepare graphics, reports, or other presentation aids for these meetings. COMMUNITY OUTREACH The consultant will coordinate with the related public outreach efforts underway in the region, particularly at MTDB, City of Chula Vista, City of San Diego, and SANDAG. The related public outreach efforts include the City of Chula Vista's General Plan Update, the City of San Diego's City of Villages Strategic Framework, SANDAG's Region 2020 Growth Strategy, 2030 Forecasts, RTP update, and MTDB's Transit First implementation program. In addition, the consultant will coordinate and participate in public outreach specific to this study, including: • Assisting in organizing and conducting public meetings • Preparing official communications with the community • Providing necessary graphics as directed by MTDB • Preparing and delivering presentations as directed by MTDB All official communications with the general public shall be cleared with the MTDB project manager in advance. -3- M-4 CONTRACT ADMINISTRATION MTDB is the primary lead for this Study that is undertaken in partnership with the City of Chula Vista, City of San Diego, City of National City, the County of San Diego, and SANDAG. MTDB will have overall administrative responsibility for the contract. PROJECT STAFFING The project manager will be expected to make presentations concerning the project, schedule, and budget to public and private parties. The project manager may be removed and replaced only with written consent of the MTDB General Manager. PROJECT COORDINATION AND PROGRESS REPORTING PROCEDURES The consultant shall communicate and coordinate work and progress on the project with the MTDB project manager. Coordination and administration for the project shall include: • Project Management Plan. The consultant shall prepare and submit, within 14 days following a fully executed contract, a project plan for management coordination and control to ensure successful and timely completion of the project scope. The management plan shall include, at a minimum, a detailed breakdown of the project costs by task, a detailed staffing plan ° by task, a detailed schedule for each work task, and an overall work flowchart identifying critical path work items. The project management plan shall provide the basis against which the project status and progress will be measured and reported. The Project Management Plan must be completed using Microsoft Project or compatible format and be posted in the Project Folder (referenced below). • Tracking System. The consultant shall establish a monthly tracking/reporting system. The purpose of the tracking system shall be to report on the progress of the project and keep the project on schedule. The tracking system shall include, but not be limited to, a report on project status, project schedule, costs by each sub -task, staffing revisions, descriptions of work completed, and work remaining by sub -task, and DBE utilization. In addition, consultant shall attend at least two (2) meetings per month with the Project Team. The purpose of the meetings shall be to report and document the study status, discuss and identify any unforeseen issues, and recommend an action plan to keep the study on schedule and within budget. Additional status reports shall be presented to the MTDB staff at key milestones and as necessary during the project. The consultant shall be responsible for preparing minutes of all meetings and circulating such minutes for review by attendees within one week of meeting date. The consultant shall prepare a standard "meeting notes" format for submittal to MTDB. All schedule -related tracking shall be done on Microsoft Project or in a compatible format and be posted in the Project Folder. • Computerized Project Folder. The consultant shall provide a project folder that is accessible via the Internet to all project participants. This project folder should contain documentation related to this project including all correspondence, maps, photos, work plans, etc. This project folder should be updated within two working days of the distribution of a deliverable. • Monthly Status and Progress Reports. The consultant shall prepare and submit to MTDB monthly reports that include a summary of activities completed during the previous month (by task), scheduled activities for the next month, (by task and responsible person) and any problems encountered during the previous month. -4- 14-5 • Monthly Invoices. The consultant shall submit monthly invoices to MTDB, that include a Progress Payment Report of services performed during the reporting period by contract work task, the hourly breakdown by staff level, the percent of each work task, and overall project completed to date and the amount and percent of overall project budget completed to date. PROJECT SCHEDULE All work shall be completed within 15 months from the Notice to Proceed. The preliminary schedule for the project, indicating activities (by work task), start dates, activity duration, product submittal dates, relationships among work tasks (including critical path items), and float time is included in the attachments. The schedule shall account for interface with and review by MTDB and other agencies. The prime consultant will be responsible for timely transmittal of data and information to all subconsultants so that subconsultants are able to maintain the project schedule. Please note that Task 4 is to be completed by the end of July so that input can be provided and other agency deadlines can be met. DESCRIPTION OF TASKS AND PRODUCTS The Scope of Work consists of the following tasks: Task 1 - Data Collection, Review, and Organization Task 2 - Identify Travel Patterns Task 3 - Develop Service, Priority Treatment, and Station Location Alternatives Task 4 - Develop Ridership, Capital and Operating Cost Estimations Task 5 - Develop Conceptual Engineering/Site Plans for Station Locations and Priority Treatments as Identified in Task 7.0 Task 6 - Develop Supporting Green Car Network Plan Task 7 - Develop South Bay Transit First Plan Task 8 - Develop Phasing/Implementation Plan Task 9 - Agency Coordination and Public Involvement Consultant shall submit all task deliverables (as applicable) to MTDB for review and approval prior to release of any verbal or written presentation material to outside agencies and the general public. The scope of work is defined in the following description of individual tasks. TASK 1.0 DATA COLLECTION, REVIEW, AND ORGANIZATION 1.1.1 Gather and conduct a data review of all existing information related to the study area including, but not limited to, the following: • January 2001 Transit Works Report • Transit First Implementation Work Program • SANDAG Regional Transit Vision • Existing City of Chula Vista General Plan • Original MTDB Alignment Studies for the South Bay Transit Way • City of Chula Vista General Plan Update Work Program • Scope of Work and Progress Reports for the Chula Vista Transit Short -Range Bus Study • Otay Ranch General Development Plan -5- M-6 • Final EIR/EIS for State Route 125 South • Caltrans Project Report and other studies for SR 905 • Eastlake III Sectional Planning Area Plan Final EIR • National City General Plan • County of San Diego General Plan Update Materials • City of San Diego's Draft Strategic Framework Element and City of Villages Map • East Otay Mesa Specific Plan and Draft Amendment • City of Chula Vista Roadway Design Standards • Other relevant master plans, general plans, and redevelopment plans 1.1.2 Review the City of Chula Vista's preliminary Yellow and Red car plan of services. 1.1.3 Review the City of Chula Vista plans for street improvements, Caltrans plans for the SR-125 Toll Road and any highway/freeway improvements, SR-125 connector improvements, and MTDB's LRT alignment studies. 1.1.4 Review the MTDB Design Criteria and Design Manual. 1.1.5 Review existing and projected traffic data for the study area. 1.1.6 Consultant shall take part in up to two working days of extensive field reconnaissance tours with MTDB, Chula Vista, National City, and other project review staff. Consultant shall take relevant pictures and/or video of the study area to be placed in the Project Folder. Task 1.2, Prepare Aerial Photography This task shall include the preparation of aerial photography, which shall be the basis for the conceptual planning work. Photos may be purchased from an aerial photo -bank. 1.2.1 Prepare color aerial mosaic at 1"=1000' of the South Bay study area. These photographs shall be mounted on display boards in sizes (maximum 30" x 40") that are easily transported to public meetings. 1.2.2 Provide color aerial topography for City of Chula Vista Planning Area. Task 1.3, GIS Data and Mapping This task shall constitute the platform from which all maps outlined in future tasks shall be created. 1.3.1 To ensure compatibility with local and regional GIS systems, provide data in a format that is compatible with ESRI GIS software in a real world coordinate system, preferably the stateplane coordinate system (NAD'83, Zone 6). 1.3.2 All technical planning work done on a GIS platform will be placed in the Project Folder. Deliverables: • List of background materials reviewed • Mounted color aerial mosaics • GIS data and mapping in Project Folder -6- M-7 TASK 2.0 IDENTIFY TRAVEL PATTERNS MTDB and SANDAG have developed a conceptual network of services as part of the Transit First strategy. The conceptual network map illustrates the overall regional connectivity of the system and major service corridors for the Green and Red Car services. The basis for the network was the travel demand model maintained by SANDAG, which provides the best available source of future travel pattern data. SANDAG is now refining its transportation model to include City of San Diego's new land use strategy called City of Villages and land use updates provided by other jurisdictions. In conjunction with the SANDAG model update, the Transit First service network will be refined to reflect a more detailed origin -destination analysis and the updated land use data. SANDAG will use the updated model results to develop a Regional Transit Vision as the basis for an update to the RTP. The Regional Transit Vision is scheduled for approval by the SANDAG Board in November 2001. The Transit First network map will be updated to incorporate the approved Regional Transit Vision. This task involves examining the updated Transit First network prepared by SANDAG to confirm and supplement travel patterns and key origin/destination data for the study area for both inter- and intra- study area travel. The consultant shall also analyze travel patterns for smaller, targeted areas of the biudy died, which the SANDAG model cannot adequately evaluate, irociudiiug areas ideniified-ihrvugh - the City of Chula Vista General Plan Update. Task 2.1, Review Basis of Transit First Network 2.1.1 Review the updated Transit First network and SANDAG transportation model output data. 2.1.2 Establish from discussion with SANDAG, City of San Diego, MTDB, City of Chula Vista, and National City any outstanding issues or questions raised during the development of the updated network. Task 2.2, Develop Methodology for Confirming and Supplementing SANDAG Travel Pattern Data 2.2.1 Identify existing and proposed major trip generators and activity centers in and outside the study area and confirm that they are adequately reflected in SANDAG's model. 2.2.2 Identify key regional connections to and from the study area. 2.2.3 Develop a methodology for confirming and supplementing the SANDAG travel pattern data to reflect the focused look on the South Bay study area and focus areas. 2.2.4 Working with the jurisdictions, identify and analyze key strategic links. Strategic links may be different from the travel patterns identified by SANDAG's modeling and can be used by a jurisdiction to channel future development and economic investment. 2.2.5 Identify key Origins/Destinations (O/D) within the study area that may be at too small a scale to be adequately reflected in the SANDAG model. 2.2.6 Identify key connections between the International Border to locations within the studyarea and also to key regional destinations. The SANDAG model does not include International Border crossing data. 2.2.7 Determine if more detailed analysis of travel patterns in study area and focus areas is needed, and if travel patterns for special sub -markets or trip purposes are adequately reflected in the available data. Use available market survey data in the analysis. -7- M-8 Task 2.3, Predict and Analyze Travel Pattern 2.3.1 Analyze information from Task 2.2 to confirm, supplement and enhance the travel patterns data. 2.3.2 Summarize results and apply validation checks. 2.3.3 Document all technical methods and assumptions in a technical memorandum. Deliverable: • Technical Memorandum "Analysis of Travel Patterns" TASK 3.0 DEVELOP SERVICE, PRIORITY TREATMENT, AND STATION LOCATION ALTERNATIVES The purpose of this task is to identify service, priority treatment, and station location alternatives that can be evaluated using the criteria developed in Task 2.0. The focus of this task will be to identify a network of Green and Red Car services and a supporting network of Yellow car services on which Green Car services are particularly dependent. In addition, this task will include identification of the necessary supporting priority treatments and station locations. Task 3.1, Identify Universe of Yellow, Red, and Green Car Services 3.1.1 Develop a network diagram that illustrates the key nodes and connections within and outside the study area. The network diagram should confirm or revise existing or proposed regional links identified in SANDAG's modeling and the RTP. 3.1.2 Based on the origin/destination and travel pattern data gleaned and developed in Task 3.0, and the City of Chula Vista's preliminary Yellow and Red Car services map and other information generated through the City's General Plan Update, identify a universe of Yellow, Red, and Green Car service options to address travel needs. The routing options should address both inter- and intra- study area services and should include linkages/transfer opportunities with existing and proposed services, and connections with study area and regional trip generators that will ultimately lead toward a network of services that support the Transit First strategy. Some planning work related to the identification of these routes and network has been conducted. It will be the responsibility of the consultant to build on the existing work. Task 3.2, Tier One Alternatives Selection 3.2.1 Prepare presentation boards representing the travel analysis data prepared in Task 3. 3.2.2 Prepare presentation boards illustrating all the alignments under analysis. 3.2.3 Prepare ridership results for the alignments under analysis. 3.2.4 Attendance at up to two alternatives selection meetings 3.2.5 Presentation of data at the meetings -8- Task 3.3, Identify Transit Priority Treatment Locations and Options Transit Priority Measures are an essential element of the Transit First strategy. In this task, the consultant will be responsible for analysis of appropriate types of priority treatments for Tier One projects, where they will be located, and general location feasibility and general right-of-way requirements. 3.3.1 Determine where transit priority treatments are needed to bypass traffic congestion, provide direct routing, maintain high travel speeds, and enhance service reliability. 3.3.2 Identify standards for transit priority treatments at the identified locations. 3.3.3 Assess the general or relative feasibility of implementing identified priority treatments. 3.3.4 Develop standard drawings depicting typical cross -sections of City of Chula Vista roadways strowing iiiwrpuration of Yellow, Reu, and Greer' Car lilies in tire City's right oiwway. Task 3.4, Identify Station Location 3.4.1 Identify potential station locations, taking into consideration existing and future access, walk and wait environment, and land use integration, including local and regional plans. 3.4.2 Identify Station Requirements/Standards for Tier One Projects 3.4.3 For all proposed stations in newly developing areas, provide standards which identify station right-of-way requirements, access requirements, pedestrian integration, integration with existing/future Blue and Green Car services, and front door access. These standards should address all types of stations, e.g., curbside, median, transit center, etc. 3.4.4 For stations within areas with existing uses, provide suggestions for promoting supportive land uses near candidate station locations. 3.4.5 Work with the City of Chula Vista on enhanced station design work for Village Two of Otay Ranch and the Eastern Urban Center. Task 3.5, Develop Map of Service, Priority Treatment, and Station Location Options 3.5.1 Prepare a "working" map that shows the universe of service options, location, and type of priority treatments and candidate station locations. Include major transfer points, major trip generators, and surrounding land uses. Deliverables: • Technical Memorandum "Yellow, Red, and Green Car Service Alternatives" • Technical Memorandum "Tier One Alternative Selection" • Conceptual maps (displaying proposed services, priority treatments, and station locations) -9- M-10 TASK 4.0 RIDERSHIP, CAPITAL, AND OPERATING COST ESTIMATION FOR TIER ONE PLAN This effort is not meant to be a detailed analysis of ridership forecasts or cost estimations, but rather an order of magnitude assessment for initial planning purposes. The following analysis should only be conducted on Tier One projects. 4.1.1 Develop ridership estimation methodology and estimates. 4.1.2 Develop an order of magnitude capital cost estimate for priority treatments, stations, and vehicle acquisition. 4.1.3 Develbp service plans and operating cost estimates for the Tier One Yellow, Red, and Green Car service options. Deliverable: Technical Memorandum, "Ridership, Operating and Capital Cost Estimates" TASK 5.0 DEVELOP CONCEPTUAL ENGINEERING/SITE PLANS FOR STATION LOCATIONS AND PRIORITY TREATMENT IDENTIFIED IN THE TIER ONE PLAN Task 5.1, Conceptual Enqineering/Site Plans for Stations for. Tier One Projects 5.1.1 Develop conceptual designs for key identified stations. Key stations are identified as those in areas that have existing uses (Palomar Street and Main Street) and Freeway Commercial in Otay Ranch, Village Two in Otay Ranch, and the Eastern Urban Center in Otay Ranch. 5.1.2 For station locations with existing uses, identify possible engineering, community, and environmental issues and constraints. Where constraints are identified, provide suggestions for mitigation. Task 5.2, Conceptual Enqineering/Site Plans for Priority Treatments for Tier One Proiects 5.2.1 Conduct conceptual engineering/standards for transit priority treatments identified in the Tier One Plan. 5.2.2 Determine transit priority treatment right-of-way and technical requirements, including roadway cross -sections for the Cities of Chula Vista within areas with existing land uses (Palomar Street and Main Street). 5.2.3 Estimate capital costs of identified priority treatments. 5.2.4 Identify environmental constraints of identified priority measures within areas with existing land uses. -10- M-11 Deliverables: • Conceptual engineering and station site plans • Conceptual transit priority treatment engineering plans • Technical memorandum summarizing right-of-way requirements, technical requirements, vehicle guidance system analysis, environmental constraints, capital cost estimates, and cost/benefit/trade-off analysis TASK 6.0 DEVELOP SUPPORTING GREEN CAR NETWORK PLAN The purpose of this task is to develop a supporting Green Car network that will complement the plan developed in Task 5.0. This will involve reviewing the Red and Yellow Car services developed as well as the existing Blue Car system of services and supplementing it with new Green Car routings that support the proposed Yellow, Red, and Blue Car system. 6.1.1 Develop a Green Car system of services for the Bayfront and the Eastern Urban Center. 6.1.2 Detail where transfer opportunities will occur. 6.1.3 Develop an order of magnitude estimate of operating/capital cost, ridership, and service levels. Deliverable: • Technical Memorandum, " Green Car Network Plan" including ridership, operating, and capital cost estimates TASK 7.0 DEVELOP SOUTH BAY TRANSIT FIRST TIER ONE PLAN This task would present and combine the results of Tasks 4 through 6 in a comprehensive report detailing the Tier One Plan for Yellow, Red, and Green services for the South Bay Transit First Network Plan. It is intended that this plan would provide the basis for projects in the RTP. A separate report addressing the recommendations for land use changes and/or land use justification for site selection of stations will be prepared and will include the relationship to applicable local and regional plans. Deliverables: • Draft South Bay Transit First Plan • Transit Supportive Land Use Integration Strategies -11- M-12 TASK 8.0 DEVELOP PHASING/IMPLEMENTATION PLAN MTDB and SANDAG will be developing a strategy to guide the phasing of the Transit First projects. It is expected that the consultant will organize the proposed projects in accordance with the phasing strategy. It is anticipated that the consultant would prepare a draft South Bay Phasing/Implementation Plan that identifies the following: • Segment/Links and timeline for implementation • Service Level phasing • Priority Treatment Phasing • Station Phasing • Land Use Development Phasing • Network of services for near-, mid-, and long-term projects • Ridership, Capital, and Operating Cost Estimates • Interim short-term service options concurrent with new development This plan would identify assumptions and issues associated with each phase, develop a schedule for each phase that graphically depicts activities and timeline, and develop a cost benefit analysis. The phasing pian may also identify projects for early implementation. Deliverable: • Draft South Bay Transit First Phasing/Implementation Plan TASK 9.0 AGENCY COORDINATION AND PUBLIC INVOLVEMENT The consultant shall participate fully at each stage of public outreach. The consultant shall assist with outreach to various elected officials/staff, community and neighborhood organizations, business organizations, property owners, and other stakeholders and interested parties. MTDB shall direct and approve all contacts with elected officials/staff and the media. The consultant shall take and record detailed notes of comments and concerns raised at all community workshops and public meetings, and shall provide minutes of meetings, including issues raised and actions required. Task 9.1 Internal Coordination Meetings 9.1.1 The consultant shall be available for meetings as needed and for purposes of this RFP, according to the following assumptions: Project Status Meetings Informal Project Meetings Project Briefings Initial Agency Meeting 30 meetings (two times per month for 15 months) 10 meetings 5 meetings 1 meeting 9.1.2 Project Status Meetings will require preparation of agenda, budget, and schedule update as agreed upon, and presentation items relevant to agenda (two times per month). 9.1.3 Informal Project Meetings will require minimal advance preparation of graphics specific to the meeting (up to ten meetings). -12- M-13 9.1.4 Project Briefings will require minimal advance preparation of graphics specific to the meeting (up to five meetings). 9.1.5 The consultant shall organize and conduct an initial Agency Information Meeting at MTDB. The purpose of the meeting shall be to review data, project schedule, work tasks, solicit input, and discuss issues. The consultant shall prepare an informational briefing package for the meeting identifying key transportation statistics, demographic data, and information on how to access the computerized Project Folder. 9.1.6 The consultant shall work in conjunction with the City of Chula Vista's General Plan staff and consultants, MTDB, and SANDAG to formulate and establish a coordinated and complementary plan and schedule for project coordination and public outreach. 9.1.7 The consultant shall create a public outreach plan and work in conjunction with the impacted agencies. The consultant shall prepare the Project Folder in advance of the initial Agency Information Meeting and provide information on how to access the folder at this meeting. 9:11.8 OiriguirTg review shall be -maintained ed with key agencies i iruughout-ihe-stuiiy� rased tin -issue and concerns identified. The consultant shall be responsible for providing minutes of inter- agency meetings, documenting issues discussed, and providing follow-up on action items. Task 9.2, Public and Board/Council Meetings 9.2.1 Consultant will assist with preparation and participate in formal community and public meetings, which may require limited special graphics preparation (up to ten meetings). The consultant shall work with the study partners to organize and conduct community -meetings, which shall be held within the boundaries of the project area. The meetings shall be held during hours that provide the greatest accessibility of attendance for community residents and stakeholders. The intent of the meetings shall be to review the purpose and need for the project, present study alternatives and evaluation results, solicit community input and dialogue regarding the alternatives and evaluation. 9.2.2 Consultant will assist with preparation (including developing PowerPoint presentations) for formal MTD Executive Committee and Board meetings, City Council Meetings, and meetings with council representatives from the impacted cities. Task 9.3, Communications Materials 9.3.1 Written Materials. The consultant shall prepare initial drafts of all written materials, including newsletters, fact sheets, meeting notices and invitations, display ads, and press releases to MTDB for review, editing, and final development, prior to inclusion in the Project Folder. MTDB shall be responsible for final layout, graphic presentations, printing, and postage of the written outreach materials. 9.3.2 Graphic Presentation Materials. The consultant shall have strong graphics capabilities, and shall prepare graphic materials, as needed, for presentations of technical issues,_ including handout sheets, PowerPoint presentations, presentation boards, slides, and overhead transparencies. The format for graphic presentation of materials may include chart tables, aerial oblique and plan photo images, montages, and/or renderings that clearly convey the character of the project alternatives. The presentation graphics are expected to include, but not be limited to, maps and other illustrations describing the analysis relating to major community issues. -13- M-14 9.3.3 Electronic Outreach/Information Materials. The consultant shall work with MTDB Planning and Information Systems staff to evaluate and develop the most effective means for distributing information and receiving comments via the Internet. Potential methods for carrying out this objective will include providing an electronic version of the study documents and products for public review through the use of MTDB's World Wide Web home page (www.sdcommute.com), the creation of a Web page specific to this study, or on a lesser scale, providing an e-mail address for submission of public comments. The consultant shall be responsible for setting up and administering this electronic outreach program. Consultants are encouraged to propose staff and subconsultants with extensive experience in the South Bay Corridor study areas. Deliverable: • Community Participation Plan and Schedule SGreen SOW_ SBTFSTUDY.JW ILLI 8/15/02 Enclosures: Exhibit 1, Transit Works Report Exhibit 2, Transit First Fact Sheet Exhibit 3, MTD Board Agenda Item No. 15 dated 6/14/01 Exhibit 4, MTD Board Agenda Item No. 30 dated 7/12/01 Exhibit 5, Article "Transit First: A New Vision for Transit in San Diego" -14- M-15 Transit First Transit First Service Concepts ^o,Im wto Trips Different services reflect different market needs. Transit First A wide range of transit priority measures will likely be needed. Transit First A wide range of transit priority measures will likely be needed. Transit First Paying attention to the little details is what will attract new market segments to transit. Transit First Transit First services will be coordinated with supportive land uses and pedestrian environments. i461. — , - %;t4 • w 151SW r lode 1*. kjf '0' 4 ',;!14 4.1t440.4 1 South Bay - Sorrento Mesa Corridor Would enable 'system' of Transit First projects 4 it n NaWind Ott, 1rortantattun I WHEREAS, Fire kills 3,500 to 4,000 people in the United States each year and 80 to 85% of all fire deaths occur in the home; and WHEREAS, Taking simple safety precautions, such as identifying and removing everyday home fire hazards, can help prevent the majority of home fires and home fire deaths; and WHEREAS, Developing a home fire escape plan, with two ways out of each room and an outside meeting place, and practicing it twice a year with every member of the household, are critical to escaping a fire safely; and WHEREAS, The nonprofit NFPA (National Fire Protection Association) has been the official sponsor of Fire Prevention Week for 80 years, the 2002 Fire Prevention Week theme, "Team Up for Fire Safetyr motivates children and families to work together to conduct a home hazard hunt, develop and practice a home fire escape plan, and install and test smoke alarms; and WHEREAS, NFPA dedicates "Team Up for Fire Safety" to the hundreds of firefighters who so valiantly gave their lives to save others in 2001, especially on September 11; and WHEREAS, The fire service of National City is committed to the safety of life and property from the devastating effects of fire; and WHEREAS, The members of the fire service are joined by other concerned citizens of National City, as well as other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts. I, George Waters, Mayor of the City of National City, do hereby proclaim the week of October 6-12, 2002, as: Fire Prevention Week jy This week commemorates the Great Chicago Fire of 1871, which killed more than ' 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings, and service as the motivating force to bring the people of National City together to build a safer community. I call upon the people of the City of National City to "Team Up for Fire Safety" by participate in fire prevention activities at home, work, and school, and to take the steps needed to make their home and families safe from fire. IN WITNESS HEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 1st day of October 2002. !", r nrM"` TT 1ST mcTnd 4 Prurlttmttftun WHEREAS, Under the leadership of former San Diego Charger Miles McPherson, Miles Ahead Ministries in collaboration with Iglesia Evangelica Bethel is hosting the 5th Annual Christmas Outreach, "Toys for Joy," on December 13, 2002; and WHEREAS, This toy drive reaches out to our community, helping thousands of families who are unable to financially meet all the needs of their loved one. These families are also left with little or no means to provide gifts or toys for their children at Christmas time; and WHEREAS, Toys for Joy community outreach continues to grow each year. Last year 3,000 attended, and this year 4,000 are anticipated. This growth comes in part from the help and generosity of businesses and organizations; and WHEREAS, Toys for Joy brings joy to the less fortunate in our community during the Holiday Season and this year the event will be held at the Iglesia Evangelica Bethel Church, 1200 E. 8th Street in National City. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclainm December 13, 2002 as: "TOYS FOR JOY DAY" in 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 1s' day of October 2002. George IL Waters, Mayor Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 19, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: SWEETWATER AUTHORITY BOARD We currently have one vacancy on the Sweetwater Authority Board. Ms. Alethea Pruitt has been interviewed by the City Council and would like to be considered for appointment. I recommend we appoint Ms. Pruitt to the Sweetwater Authority Board. This item will be placed on the Council Agenda for the meeting of Tuesday, October 1, 2002. GEORGH. 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 (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 Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: Pn 0``+{— C /t, es),. (Last) Home Address: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority X San Diego County Water Authority Housing & Community Development Committee Birth Date (First) 2,7 3 (Opti nal) t 3 a nil oulchesl-e., 6+ • fooktovw e t hrr/��e h G )9so Telephone: Residence (t`o (Q (a 7- 33 i 7 ) Business/Work ( !a l f e 7 7`" c?" O562.. ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 3? SAN DIEGO COUNTY? 3 CP NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES X 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: 3U�dE,cueaieaui CoFI>eG� CL'jC . o Kt Ivi2vks of. �haevt, X Cv,c . .�N dL @ a_ UNov,er(stk c Vetiu „ Related Professional orCivic Experience: F � v 3 t nr SS s � Xf2,24 l e_wc e (ow t len 0o4-cart4 Q t Ey 4404 4 al ) Wle O u a .- e' 6Lea€t-t ;01-e" CiAn C'otn at e, O.LddiloviI IDSVE6 t Please indicate below any further information that will be of vale regarding your servici on the above named boards, committees or commissions: E I 1 C _0-t- a -AL __Tt'1P c 4 G vim., 2✓V Ne _ Q > e NrctAlctvitt C'` i ,,Vt 11.3 �iti¢ C► C A,O QCf dl CSt/ti d-KA �e CaJ-�i\ctn t e l DATE: °'j J 1 / 0 2- YOUR SIGNATURE RETURN COMPLETED FORM TO : & - 4 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 19, 2002 Mr. Carlos Carrillo 3421 Eleanor Place National City, CA 91950 —SECOND NOTICE 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, October 1, 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. WATERS MAYOR GHW:nu ® Recycled Paper U Building Advisory & Appeals Board ❑ Civil Service Commission ❑ Senior Citizens Advisory Board ❑ Parks & Recreation Advisory Board ❑ Serra Library Systems Board U Street Tree & Parkway Committee ❑ Project Area Committee U Student Commissioner Name:(Last) C'/ kl\ / t- L C) 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) Ei/Planning Commission ❑ Port Commission ❑ Traffic Safety Committee ❑ Library Board of Trusetees U Sweetwater Authority ❑ San Diego County Water Authority ❑ Housing & Community Sevelopment Committee (First) C4 f Ll'S Birth Date / 4 1)/ :? O Home Address: 3 LI Z / C L-CAn-'Cj2 PL-I-i CE Telephone: Residence ( 1 `1) `4 7 S 6 61lei .Business/Work (a i`)) 7-2 7 2 S NUMBER OF YEARS YOU HAVE LIVED IN CALIFORNIA: CALIFORNIA: 3 i SAN DIEGO COUNTY: / y NATIONAL CITY: /L ARE YOU A REGISTERED VOTER: Lf YES ❑ NO School attending Grade Colleges Attended and Degrees Held, if any: CA/1 V CPS, 7 E'/ Sra N t u (, t I 8, i lq Related Professional or Civic Experience: P A/VW 6.ENG /4'Et 1 A C i (=I L, 13 r"(( I" t2G Sc%`, Clt%r l(Z f1/j nnN4(_ C. Y PC) G- IL. Ft.'2c.E) Peitoc. T ti«. Apo sot y fr .4// PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: Your Signature: I_ Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 18, 2002 TO: FROM: SUBJECT: COUNCILMEMBERS MAYOR GEORGE H. WATERS SENIOR CITIZENS ADVISORY BOARD We currently have (4) vacancies in the Senior Citizens Murphy's term on the above -subject board expired on requesting consideration for reappointment. If there are no objections, I recommend we reappoint Citizens Advisory Board. This item will be placed on meeting of October 1, 2002. 4EZdab ORG H WATERS Mayor GHW:nu Advisory Board. Ms. Helen August 30, 2002 and she is Ms. Murphy to the Senior the Council Agenda for the ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS ANI) 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 Planning Commission Civil Service Commission Port 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 Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee VpAik Helen Birth Date (Last) (First) (Optional) Home Address: 1112 Manchester Street National City, CA 91950 Telephone: Residence ( ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 49,6 SAN DIEGO COUNTY? % >t 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: iL YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: • �16Yu l Related Professional or tivic Experienc�e:� �j (� A Gvl//e ,P/>✓ CP.�Z�'--?% Please indicate below further information that will be of value arding your service the above named boards, committees or commissions: DATE: 7 ti L G 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 MEETING DATE October 1, 2002 *Refer to Items #17-22 1 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING - CONSIDERATION OF ADOPTION OF VARIOUS CALIFORNIA AND UNIFORM CODES RELATING TO CONSTRUCTION AND MAINTENANCE OF STRUCTURES BY REFERENCE PREPARED BY Kathie n rees, DEPARTMENT Building and Safety EXPLANATION State law requires that the new edition of the codes becomes effective on November 1, 2002 which is 180 days after publication by the State Building Standards Commission. On this date the 2001 edition of Title 24 must be enforced at the local level. The local adoption allows the City to amend the codes adopted by the State Building Standards Commission, however state law requires that any changes made to the technical provisions of the codes must be justified as "reasonably necessary because of local climatic, geological, or topographical conditions." Administrative provisions of the codes may be amended without such findings. The Advisory and Appeals Board at its September 23, 2002 meeting recommended that the City Council adopt the codes and local amendments. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Conduct the public hearing and, if appropriate, adopt the ordinances. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Related Staff Report Advisory and Appeals Board Resolutions 02-1 and 02-2 Resolution No. A-200 (9/80) City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4301 (619) 336-4210 Fax: (619) 336-4217 DATE: September 5, 2002 TO: Advisory and Appeals Board FROM: Kathleen Trees, Director Building and Safety Department SUBJECT: Recommendations for Adoption of the Triennial Editions of the Model Construction Codes and Amendments to Titles 15 of the National City Municipal Code This memorandum provides the Advisory and Appeals Board with a brief over -view of the most significant technical changes to the 2001 editions of the various model codes that the Advisory and Appeals Board will be recommending for adoption by the City Council. Copies of the codes are on file in the Building and Safety 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 model codes be adopted with minimal revision. 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. In the past the City has chosen to amend the administrative provisions of each of the codes. This year the code adoption will include a chapter that addresses the changes that are common to the administrative provisions of all of the model codes. This will make the adoption process much easier in subsequent years. ® Recycled Paper 2001 California Building Code (Attachment A) Attachment A is a draft ordinance adopting the 2001 California Building Code. 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. Also tew is earthquake design chapter. This code change has been under development since 1993 by the Structural Engineers Association of California Seismology Committee. 2001 California Plumbing Code (Attachment B) Attachment B is the draft ordinance adopting the 2001 California Plumbing Code (C.P.C.). The 2001 CPC has not changed significantly. The State has decided not to allow the use of PEX water piping allowed in the 2000 Uniform Plumbing Code, which is the base code of the 2001 CPC. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 2001 California Electrical Code (Attachment C) 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 by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 2001 California Mechanical Code (Attachment D) The majority of code changes made were editorial in the 2001 California Mechanical Code (C.M.C.). The changes were necessary to clean up the inconsistencies created by the common code format. No substantial technical code changes are incorporated into the 2001 C.M.C. 2 The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 2000 Uniform Swimming Pool, Spa and Hot Tub Code (Attachment E) 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 1997 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. RECOMMENDATION It is the recommendation of this report that the Advisory and Appeals Board adopt Resolution No. 02-2 (Attachment F) recommending that the City Council adopt Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001 California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool, Spa and Hot Tub Code; with amendments to Title 15 of the National City Municipal Code as contained in Attachments A through E of this report. 3 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 5, 2002 TO: Advisory and Appeals Board 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 memorandum provides the Advisory and Appeals Board with a brief over -view of the most significant technical changes to the 2001 California Fire Code that the Advisory and Appeals Board will be recommending for adoption by the City Council. A copy of the 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 ® Recycled Paper the ability of residence and guests to evacuate the area of a structure, which may have 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 It is the recommendation of the National City Fire Marshal that the Advisory and Appeals Board adopt Resolution No. 02-1, adopting the California Fire Code 2001 edition and amendments to Title 15 of the National City Municipal Code. RESOLUTION 02-1 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF THE 2001 CALIFORNIA FIRE CODE VOLUME 1 AND CERTAIN AMENDMENTS TO TITLE 15.28 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002, after proper notification, conducted a hearing to consider the recommended amendments to the 2001 California Fire Code Volume 1, and certain amendments to Title 1 i.28 of the National City Municipal Code, which are utilized by the Engineering Department; and WHEREAS, the technical amendments are necessary due to the uniqueness of the local climate, topography and geography; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED and ADOPTED the 23`d day of September 2002. Ray e, Chairman ATTEST: Don Condon„ Fire Marshal APPROVE P L T01 FORM: Rudolph Ira. ecky, Senior Assistant City Atttrney RESOLUTION 02-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES I AND II OF THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA ELECTRICAL CODE, THE 2001 CALIFORNIA MECHANICAL CODE AND THE 2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002 after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 2001 Edition of the Califnornia Building Code, the 2001 California Plumbing Code, the 2001California Mechanical Code, the 2001 California Electrical Code, the 2000 Uniform Swimming Pool, Spa and Hot Tub Code and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001 California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 23`d day of September 2002. ATTEST: Kathln S. Trees Director of Building and Safety PPROV R FORM: ---7Senior Assistant City Attorney olf Hradecky Ra uke, Chairman this 20th day of September 2002. Dated at Chula Vista, California 91910 L CITY NOTICE OF $ .S AND INTENT TO ADOPT SIX ORDINAN IIND CONSS AMENDING THE NATIONA 'CITY'Y MUNICIPAL CODE 'ZOOZ rea/ ey1 ul Ile 0 co O a N 7 `< a c (D (8p n 0 N N cr D1 o o o o: -0 N 0 .r.« `G D? N W o. a 7 o (D 0 D1 m -' c 0 0. 0= o- a c 0 0 °.m p� w 5 CD.< o 0 0 N. o. �' n -, in o 0 N 0 o 7 0 30 3..«8.0 (ic 3 z= 0 = �`<o CD-0 a� m= 0 w w c2. T+c 0 =y o O� 0 o Na5 Q- ={?'•raj O . .Nwom-j54 ocr�cZ0mw=0C o• y 0 - = D_ Cl) 0 W. 0 33 3jcn5c'� ra 51m a,=: Ia..). m w c m g7J—a —a N _.ib 0= o o.0 m rn'‹m m3` w .-« 5 -, 0 0 m m am m a c* S_ N 4 w w o o zo,--o m o-Orno o<-- �•'< o.o a3w• m 0sn0 -s m rt c= N v, , c N cn m 0 o• CDD .-A- Cl) -min— a. cZ�-6a m (D o �. '� w- •-0 S m a (D o (0 N N c o m n m NOTICEIS HEREBY -GIVEN that the City, Counci1011ie City of National. City will hold pub- lic hearings after the hour of 600 p.m Tuesday October 1, 2002, in the City Council Chambers, National City, California,Id=eonsiderthelollowidg ordinances: 1.. Adopting Volumes I and II pf'the California'Btuilding Code,-2001 Edition, amending certain sections and adopting Appendix Chapters 9,10,12(Division IIA),15, 31(Division III) and 34(Division III); provide s for elation thereof an amending Ordi- nance -.No. 99 21=67� and Chanter 1 tide Neh°r I City -Municipal Code. Adopting the. California E1 Edition,, establishing. requirements, ' s and standards four. elects hat ns and materials, within the City and amend- 'Ordinance No.,3 161 a 'l 24 of e National City Municipal Code. z 3 is Adopting the lifornia=Fi k ,p ion; Appendices thereto, and National rt , Protection Association S# re ibis regulations governing conditions baz- ar to lite and property fromaterials or explosion, providing for the issuance of permits for and establishing hazardousau ea or a ons, a Community Risk Management Group and oer iefore.,:nd defining their -powers and or dunes, repealing nce IC " � n di ces and parts of ordinance 1'canffiibtther th�ndamen 1 the�Nat nal City Municipal Code. optinte'tal rnia,Ml C E � adapting Appendix A, B and said code, and amending_ hapter 15.14 of the National ail Cadre , no the California, Krim inn dootinc Appendix A. C and Public Hearing: A-2001-1 z w m co co Proof of Publication of :o6ela ue5 }o /1unoO VIN 1Odl1VO AO 31V1S TJ 0 TI 00 cn in n W � 0 0 Cl) 0 (D 0 m 0 0 c 0 0 m N co -o NOTICE OF S1 - t H rS AND INTENT TO ADOPT SIX" R II G S ND AMENDING• THE NATIONAL IA PA CODE ` NOTICE IS HEREBY GIVENthat,the City Council ofethe City of. National. City will hold pub- Iic°`hearings after the hour of 6470 p.m. Tuesday ?ct®ber 1,, 2002, in the City Council Chambers, National City, California,to;consider the f( i n ordinances: ,.1.i..Adopting Volumes I and I ;. the Ca ornia ode, 2001-Edition, amending ,ee in sections And adopting; dix 9 0, .. - , n .a Ping: Chept 1:i1�� 2� �+i�ion`i#A),15; 31{fiivisfon and 34(Di ) , p vision lif ; roinithereof aiitrt ameodiri „ Qrdi- n ce:No. 99-2 57 and;.chantax ' '. "' 9 + 1;._.P� i�; ai.: rue al C�dB. x' •,',l lopting the alifornia•:t l�rt e; 1:`` Edit ,establishing requirements, rrii sand standards- orel tr► ista ris F ith nyp � g�y f ec E° I°,. !fret-tilim it arrdMamend lif Ordinance No. 99,21'61 a .. hliunici' Code. Adopting the California :l ition; " radices -thereto a dNational Fire. Protection Association Sta`. d s=, r ibin re" ulatliOnS governing. conditions haz- ardous to life and property.fror ire G n �d s,:or explosion, providing for the issuance of permits for, hazardouss;;•and;,:establialiing a: Community Management Or p and' yr o iinl t;. re nd efin '' "thelf **And d fibs, re aiin g,. p� g.,prdr ..►ice .I�nr� es;;�ird�par�s o�;ordinaiice ict f er', itfi a ,m °, ti „ i iiv ,.p ainei ', Cho t r �a t tfi uiiciealCode" G " upi od pting the,CaliferniaM il eeix A,Bnd ,,code and amendint..1 1`4'oflhe National icipl Gde. A opting the,California Piumbing,Cod p rat, adopting Appendix A, C and id code, amending certain, i s,, of ttie ` is Plumbing: Code, and amend- ,., .,.., inWOrdinance 99-2163 and Chapter 21 bf the Ala ional°City Municipal Code. ,,.,. Adopting the Uniform Swimming Pool, Spa, acid Het Tub Code, 2000 Edition, and amending Ordinance 99-2162 and Chapter15.22 to the:National City Municipal code re- lating to swimming pools, spas and ordinances listed, above_ were gived_,a first reading by title only at the regular meet - 'ape City Council en September 17, 2002. Pursuant fR Government Cade ,racoons 50022.21 through b.0(022,9 and 6066,, these riay Wed„ by referee " er,the,pubtic,hearin s ti1 Q d �, ; . r " . " it � :ai ,.:ad t ; s� auem;lieeri.'# ni[i:°the City.'Cierk and ar aailable for inspection from=t - tfate of t1te *St reading -:through thhe'date of the pub- ,. ai1'ing on October I, 2002. revisions of Government Cofie Sections 25124 and 36933 providing for publica- fi.,' ordinances are being complied,w`ith. eordinances will be given a secghd and final reading on October 1, 2002, And may died at the Council; Meeting. of, October 1, 2002. ate:Otte is dated September 1., 2002. d: September 17, 2002 City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE October 1, 2002 *Refer to Item #16 AGENDA ITEM NO. 2 i ITEM TITLE PUBLIC HEARING —AMENDMENT TO TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA FOR AUTOMOBILE SALES LOTS AND AUTOMOBILE AND TRUCK REPAIR ESTABLISHMENTS (CASE FILE NO. A-2001-1) PREPARED BY Steve Ray DEPARTMENT Planning EXPLANATION The attached report explains proposed Code regulations for tobacco specialty shops, as requested by City Council, as well as changes to clarify the existing minimum area requirements for automobile sales lots and automobile and truck repair establishments. Environmental Review X N/A Financial Statement N/A >STAFF RECOMMENDATION Approve the proposed amendments. ig Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the proposed Code changes. Vote: Ayes - Valderrama, Flores, Parra, Baca, Reynolds, Graham; Nays - Ungab ATITAMIPAP,roWeSct iftaw 1 2. Findings 3. Draft Ordinance 4. Notice of Exemption A-200 (999) Resolution No. Report on Proposed Changes A. Tobacco Specialty Shops The Land Use Code permits tobacco specialty shops in all commercial zones except Tourist Commercial (CT) and Automotive Commercial (CA). No Conditional Use Permit is needed. Cigarettes Cheaper, located in Sweetwater Square Shopping Center near Sweetwater High, generated complaints from the community shortly after it was established. After a review of how the business was permitted, the City Council requested that distance limitations be considered that would prohibit tobacco specialty shops near schools and other areas where youth congregate. Council also asked that a time limit be established on how long the business could remain at its location. The attached draft amendment would prohibit a tobacco specialty shop from within 1000 feet from specific facilities where children and youth congregate. It also would set a five year limit after which time Cigarettes Cheaper would need to close down. The proposed distance requirements are consistent with current regulations for the sale and display of tobacco products in other retail stores. Chapter 9.38 of the Municipal Code restricts the sale, display and promotion of tobacco products to minors. Section 9.38.040 prohibits displays containing tobacco products, as well as any tobacco advertising, within two feet of any candy, snack or non-alcoholic beverage displays inside businesses within 1,000 feet from a school, playground, recreation center or facility, childcare center or library. The proposed distance restriction would not entirely prohibit tobacco specialty shops from locating in the City. The City Attorney has cautioned that an ordinance with this effect would probably not be legal. At the Planning Commission held a hearing one Commissioner opposed the proposal. He commented that the sale of tobacco was a matter for Police regulation and that tobacco specialty shops should not be regulated any differently from other stores. The Commission received no public testimony. B. Minimum Area for Automobile Sales Lots and Automobile and Truck Repair Establishments Chapter 18.16 of the Land Use Code, which addresses commercial zones, requires a minimum area of 10,000 square feet for automobile sales lots. Automobile and truck repair establishments must have a minimum lot size of 7,500 square feet, as specified in Chapter 18.18 concerning manufacturing zones. Both automobile sales lots and automobile and truck repair establishments are permitted uses in Light and Medium Manufacturing zones (ML, MLR and MM) as well as in Heavy and Medium Commercial zones (CM and CH). Staff has, over the years, administratively applied the minimum area standards apply to each use regardless of the zone where proposed. The proposed changes would clarify that the minimum area standards for both automobile sales lots and automobile and truck repair establishments apply in manufacturing as well as in commercial zones where the uses are permitted. This would be consistent with past administrative practices and would support on -going City efforts to avoid problems of vehicles parked on the street, and to maintain more space for on -site storage and realize higher quality operations. RECOMMENDED FINDING FOR APPROVAL The Recommended Code Amendment is consistent with the General Plan for the following reasons. • Distance requirements for a tobacco specialty shop will limit this use from locating near schools, libraries, parks, recreational facilities and child care centers, with which it is incompatible, and General Plan policy calls for careful review of uses which may not be compatible with adjoining areas. • The provision for termination of a lawfully established tobacco specialty store which becomes nonconforming on the effective date of this Ordinance carries out General Plan policy that encourages the removal or relocation of uses that are incompatible with surrounding properties. • Minimum area requirements for automobile sales lots in the manufacturing zones and for automobile and truck repair establishments in the commercial zones is consistent with the same requirements for the uses where allowed in other zones and needed to ensure adequate area for on -site parking and storage of vehicles, and the standards need to apply to the specific use rather than solely to the zone they are located in, in order to avoid potentially negative effects on adjoining areas. The proposed changes are consistent with the General Plan's Economic Development policies to encourage standards that support compatibility with adjacent land uses and strengthening of the overall business environment. ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA FOR AUTOMOBILE SALES LOTS AND AUTOMOBILE AND TRUCK REPAIR ESTABLISHMENTS APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. A-2001-1 BE IT ORDAINED that the City Council of the City of National City, California does hereby ordain as follows: Section 1. That Appendix D of the Land Use Code be amended as follows: • Replace "Tobacco Shop" with "Tobacco Specialty Shop", a Typical Permitted Use in Use Groups 17 and 18. Section 2. That Section 18.16.196 be added to the Land Use Code to read as follows: 18.16.196 Tobacco Specialty Shop. "Tobacco Specialty Shop" means any business, the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than 40 percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. Section 3. That Section 18.16.197 be added to the Land Use Code to read as follows:. 18.16.197 Distance requirement for Tobacco Specialty Shops. A. "Tobacco Specialty Shop", where permitted pursuant to Appendix D of the Land Use Code, shall not be located within 1000 feet of any school, playground, recreation center or facility, childcare center or library in the City of National City. B. A use lawfully existing on the effective date of this section which is rendered nonconforming by the provisions of this section may be continued for a period of not more than five (5) years from said effective date, and shall thereafter be terminated, provided that: 1. The use shall not be extended or expanded either on the same or adjoining property. 2. If the use existing at the time this section takes effect is thereafter discontinued for six (6) months or more, any future use of the property shall conform with the provisions of this section. C. The owner or operator of a use rendered nonconforming by the provisions of this section may apply to the city council for an extension of the time upon which said use must be terminated. The application for extension shall be governed by the hearing and notice provisions of Chapter 18.130. The city council, after conducting a public hearing may, by resolution, deny the extension or grant an extension equal to or less than applied for, when it concludes that the strict application of the provisions of this section would be unreasonable as to a particular use, that strict application of the provisions of this section would create a hardship upon the owner or operator which was not brought about by an act of the owner or operator, and Ordinance No. 2002 — Page 2 the hardship resulting from strict application of the provisions of this section outweighs any detriment to the public caused by granting an extension of time. In making a determination as to granting or denying extensions of time, the city council shall consider any evidence presented as to the following matters, but not limited thereto: 1. Age, condition and physical characteristics of the use; 2. Location; 3. Remaining economic life; 4. Depreciation treatment for income tax purposes; 5. Investment in use; 6. Monopoly or advantage resulting from fact that similar new uses are prohibited; 7. Cost to discontinue use. D. A copy of the resolution made by the city council under subsection C shall be mailed to the applicant. final. E. The decision of the city council upon an application for extension of time shall be Section 4. That Section 18.16.209 be added to read as follows: 18.16.209 Automobile and truck repair service establishments. Automobile and truck repair service establishments shall have a minimum lot area of seven thousand five hundred square feet. Section 5. That Section 18.18.114 be added to read as follows: 18.18.114 Automobile sales lots. Lots used for the sale of automobiles, trucks, recreational vehicles or other similar vehicles shall have a minimum of ten thousand square feet. Section 6. That the City Council finds that the proposed Code Amendment, which addresses tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments, is consistent with the City's General Plan for the following reasons. • Distance requirements for tobacco specialty shops will limit this use from locating nea.' schools, libraries, parks, recreational facilities and child care centers, with which it is incompatible, and General Plan policy calls for careful review of uses which may not be compatible with adjoining areas. • The provision for termination of a lawfully established tobacco specialty store which becomes nonconforming on the effective date of this Ordinance carries out General Plan policy that encourages the removal or relocation of uses that are incompatible with surrounding properties. • Minimum area requirements for automobile sales lots in the Manufacturing Zones and for automobile and truck repair establishments in the Commercial Zones is consistent with the same requirements for the uses where allowed in other Zones and needed to ensure adequate area for on - site parking and storage of vehicles, and the standards need to apply to the specific use rather than solely to the Zone they are located in, in order to avoid potentially negative effects on adjoining areas. The proposed changes are consistent with General Plan's Economic Development policies to encourage standards that support compatibility with adjacent land uses and strengthening of the overall business environment. Section 7. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will not modify any zoning designations and will not result in an increase of intensity of use for any property. PASSED and ADOPTED this day of , 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 11600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: A-2001-1 Project Location: Commercial and Manufacturing Zones Contact Person: Steve Ray Phone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 of the National City Municipal Code regarding tobacco specialty shops and minimum area for automobile sales lots and automobile sales and repair establishments Applicant Name and Address: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Telephone Number: (619)-336-4319 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) L Categorical Exemption. Class _, Section (Definition) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have significant environmental effect, since the amendment will not modify any zoning designations and will not result in an increase of intensity of use for any property. Date: Steve Ray Principal Planner ® Recycled Paper ..iEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 1, 2002 AGENDA ITEM NO. 3 (-ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 1139 HARBISON AVENUE AND NATIONAL CITY PROPERTY PREPARED BY James Slade DEPARTMENT Public Works/Engineering EXPLANATION Thrifty Oil Company, the owners of the property located at 1139 Harbison Avenue, and HydroGeo Consultants, are seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way on Harbison Avenue north of Plaza Boulevard. The wells are needed to monitor for the potential presence of Total Recoverable Petroleum Hydrocarbon (TRPH) and minimize the impact on soil and groundwater. Monitoring is required by the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Division. The installation and well monitoring shall be performed by HydroGeo. The proposed monitoring wells will be constructed of a two and a four inch PVC pipe casing placed in a sand, bentonite grout and cement seal within a three feet diameter boring. Total well depth will be fifty feet and one hundred feet respectively. Traffic rated flush surface well covers with overlocking slip caps will be installed. A Faithful Performance bond in the amount of $2,000 has been posted with the City of National City as a security for prompt completion of well drilling installation, removal abandonment and all appurtenant operations including subsequent street resurfacing, restripping, and any required well -head adjustment. ( Environmental Review x N/A Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A 2002-146 ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement 3. Site Plan 4. Monitoring Well Construction Detail A-200 (9r99( RESOLUTION NO. 2002 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 1139 HARBISON AVENUE AND NATIONAL CITY PROPERTY WHEREAS, on October 1, 2002, the matter of an encroachment permit was presented to the City Council by the applicant Thrifty Oil Company for the installation of two groundwater monitoring wells within the public right-of-way on Harbison Avenue north of Plaza Boulevard; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City agreeing to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement," executed by Thrifty Oil Company and directs the City Clerk to record the same. PASSED and ADOPTED this 1st day of October, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure shown in!Exhibits "C" and "D" within a CITY easement or right-of-way as shown in Exhibit "B" for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on 1139 Harbison Avenue, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of- way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well on 1139 Harbison Avenue prior to installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER, or assign shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on 1139 Harbison Avenue and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER' s operations. 15. OWNER, or assign agrees that he shall assume sore and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of-way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, successor in interest, or assign shall notify the CITY in writting at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extend of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES": SEE EXHIBIT Dated: 07 /2 31Q 2 LAR.R`l \ G(r4 O-oti /Bo$ MIX Person in Responsible Charge (print name ) Cl-3581 / 014) 61301 6 85�0 24 hr. Phon Number T//,e/FTy 0/[. Co. Firm Name "B" ATTACHED OWNER\APPLICANT ON4S c. T'1443A-t-rESC.0 Printed Name & Signature /3//6 /A?PEW/AL i!/6MM/ R'. Box 2/2 3 SA/04 FE SPR/i406S, Cal 90670 Mailing Address ( a) o 21 / 3 y0 Phone Number P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. SA:jha2 encho ALL PURPOSE ACKNOWLEDGEMENT } STATE OF CALIFORNISq } SS. COUNTY OF Iis �4►1Q�ieS } On \..\cAl Z. "ti Z00,D- before me, i•-\.C1 personally appeared y\@ • Petvlaviresr.u. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persontai whose name% is/a0 subscribed to the within instrument and acknowledged to me that he/start rey executed the same in hisfhttotiI authorized capacity(i and that by his/h signature(;ston the instrument the persont$ or the entity upon behalf of which the person(Wacted, executed the instrument. WITNESS my hand and official seal. Signature �-- NANCY SOLORZANO p Commission S 1316450 Z Notary Public - California �. Los Angeles County My Corm. E1pilesAug 10. 2005 (This area for official notarial seal) 41Y4 RoaForrn IR11 d : //39 /14,¢,9/So/ AVE, /tlAT/oM L CP7y( C4 i t EXH/a%T A /7 194 SCHEDULE A PAGE NO. 2 ORDER NO. 131005-02 LEGAL DESCRIPTION THE WESTERLY 150 FEET MEASURED AT RIGHT ANGLES TO THE -WESTERLY LINE OF THAT PORTION OF QUARTER SECTION 106 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: ;BEGINNING AT THE NORTHEASTERLY CORNER`OF SAID QUARTER SECTION 106; THENCE ALONG THE EASTERLY LINE OF SAID QUARTER SECTION 106 SOUTH 18°29'12" EAST 837.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 18°29'12" EAST 183.21 FEET; THENCE SOUTH 43°45'38" WEST A DISTANCE OF 139.27 FEET TO A POINT OF TANGENCY WITH A 360 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°09'45" A DISTANCE OF 151.82 FEET; THENCE ALONG A LINE TANGENT TO SAID CURVE SOUTH 67°55'23" WEST A DISTANCE OF 10.36 FEET TO A POINT OF TANGENCY WITH A 12 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93°36'02" A DISTANCE OF 19.60 FEET TO A POINT IN THE EASTERLY LINE OF A PUBLIC STREET KNOWN AS HARBISON AVENUE; BEING THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE CITY OF NATIONAL CITY FOR STREET PURPOSES, RECORDED MAY 28, 1956 IN BOOK 6119, PAGE 57 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 18°28'35" WEST 146.23 FEET (RECORD NORTH 19° WEST 144.95 FEET) TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO SHAREHOLDER PROPERTIES INC., RECORDED SEPTEMBER 29, 1961 AS FILE/PAGE NO. 163812 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LAND NORTH 65°16'00" EAST 29.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 125.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°30'22" A DISTANCE OF 46.92 FEET; THENCE NORTH 43°45'38" EAST 245.54 FEET TO THE TRUE POINT OF BEGINNING. THE EASTERLY LINE OF SAID WESTERLY 150 FEET BEING DRAWN PARALLEL WITH THAT PORTION OF THE EASTERLY LINE OF SAID HARBISON AVENUE: HAVING A BEARING OF NORTH 18°28'35" WEST. EXCEPTING THEREFROM A PARCEL OF LAND 50X100 WHERE WELL I5 LOCATED ON THE NORTHEAST CORNER OF SAID PROPERTY. • FIGS 1 SITE VICINITY PLAN & PROPOSED WELLS, TOC #110 -NATIONAL CITY, CA RESIDENTIAL AREA E. 11 I'l. ST RESIDENTIAL AREA +LOOD CONTROL CHANNEL RESIDENT TIAL AREA 3o35 PGAZ4 BLVD. RESIDENTIAL AREA SCALE: 1" = 80' approx. Proposed. Well : HARBISON AVE. PARKING LOT &T RE FLOOD CONTROL CHANNEL TOC #110 G.-fSI�-�D w-��jG•-� D VACANT LAND For Station Details refer to Fig-2 //39 f/A, 241*.✓A✓e: PLAZA BLVD. (,,_ 5/L4- 7?) PARKING ARt'.f, TIFTI EXHIBIT "B" Z Di II WIC T ETZ. WELL CS(•}A•Lt°L ) CST1MATED PDU/JDtJA t EYZ UEPrN 4S F Flush Surface Well Cover Locking Slip Cap Steel Extension Skirt 7— Ground Surface •• =' CE'MEn; 3' a BE rrron! r _ Well Casing 37 ifiA.., 7p•: a v ram} PP. ,r ? Bentonite Pellet c 40 ' I 1 Sand Filter Pack Jed /111111111111111 r-. Well Screen Threaded PVC S TSEA L. GEE trr r Chip Seal It Trap and Bottom Cap Typical Monitoring Well Design -roc # //o 1139 /h 6'Se I ,WE. Project No. Example 4 DIAMETE'Q WELL. (Deep) EST./MA-TV) 6 Ro uh1 D WATER PE P► - gD FT, Ground Surface 3/ 100 Flush Surface Well Cover Locking Slip Cap Steel Extension Skirt [gi re %" L Bentonite Pellet or Chip Seal ".,-''. 13eNribrol['Ic GRot r - TMPo,tzy Cbt4 DUrTbR 6tStN� Well Casing Sand Filter Pack Well Screen Threaded PVC Silt Trap and Bottom Cap Bottom of Boring Typical Monitoring Well Design Tc 7//O 1 t39 1A4kBi5onl AVE . Project No. Example EXHIBIT "D" City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 1, 2002 4 AGENDA ITEM NO. %ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH RED "NO. PARKING" ZONE AT SOUTHEAST CORNER OF HARBISON AVENUE AND 9TH STREET (E. GAVIOLA, TSC ITEM NO. 2002-25) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. Gaviola has requested the installation of a red curb "No Parking" zone at the southeast corner of Harbison Avenue and 9th Street. According to Mr. Gaviola, parked vehicles are' obstructing the visibility from persons trying to enter Harbison Avenue from 9th Street. The Traffic Safety Committee approved 10 foot red curb at the southeast corner of Harbison Avenue and 9th Street at their September 11, 2002, meeting. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of September 11, 2002, approved the 10 foot red "No Parking" zones at the southeast corner of Harbison Avenue and 9th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee 2002-147 Resolution No. A-200 l9 99) 2002-25 RESOLUTION NO. 2002 —147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A TEN -FOOT RED NO PARKING ZONE AT THE SOUTHEAST CORNER OF HARBISON AND 9TH STREET (E. Gaviola, TSC Item No. 2002-25) WHEREAS, Emmanuel Gaviola has requested the installation of a red no parking zone at Harbison Avenue and 9th Street due to parked vehicles obstructing the view from vehicles that are coming from 9th Street onto Harbison Avenue; and WHEREAS, at its meeting on September 11, 2002, the Traffic Safety Committee approved installation of a ten -foot red no parking zone at the southeast corner of Harbison Avenue and 9th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized. to establish a ten -foot red no parking zone at the southeast corner of Harbison Avenue and 9th Street. PASSED and ADOPTED this 1d day of October, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 11, 2002 ITEM jTITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE AT HARBISON AVENUE AND 9 TH STREET (BY: E. GAVIOLA) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Emmanuel A. Gaviola has requested the installation of a red curb "no parking" zone at Harbison Avenue and 9th Street. According to Mr. Gaviola, vehicles are parking there from the neighborhood and obstructing the view from vehicles that are coming from 9th Street onto Harbison Avenue. The posted speed limit is 35 m.p.h. According to the posted speed and reaction time (see attached chart) the required length of red curb should be ten feet. STAFF RECOMMENDATION: Staff recommends the installation of a ten foot red curb "No Parking" zone on the south east corner of Harbison Avenue and 9th Street (see location map). EXHIBITS: 1. Location Map 2. Chart 2002-25 Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = 1/2 dt2 or-Y2 Vt or 2 Deceleration Time = V d Detector Setback = Deceleration Distance + Reaction Distance 2d= + Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE Mile Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 4.06 92.8 90 30 44.0 3.67 80.7 4.67 124.7 125 51.3 58.7 66.0 73.3 80.7 60 88.0 7.33 160.9 c 169 202.3 200 247.5 250 297.2 300 352.1 350 322.7 8.33 410.7 . 410 City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 1, 2002 5 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A "2 HOUR PARKING" ZONE AT 907 "A" AVENUE (L. ROMIGUIERE, TSC ITEM NO. 2002-23) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mrs. Linda Rpmiguiere, the owner of Glasswood Studio at 907 "A" Avenue, has requested the installation oaf a "3 hour limited parking" zone at 907 "A" Avenue. Mrs. Romiguiere stated in his letter that she needs parking for his customers. The Traffic Safety Committee approved "2 hour limited parking" zone on the side of 907 "A" Avenue between "A" Avenue and Alley at their September 11, 2002, meeting. i Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of September 11, 2002, approved the "2 hour parking" zone on the side of 907 "A" Avenue between "A" Avenue and Alley. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee 2002-148 Resolution No. A-200 (9.99) 2002-23 RESOLUTION NO. 2002 —148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A TWO-HOUR PARKING ZONE AT 907 "A" AVENUE (L. Romiguiere, TSC Item No. 2002-23) WHEREAS, Linda Romiguiere, the owner of Glasswood Studio at 907 "A" Avenue, hah rea-i:sted the installation of a three-hour limited parking zone in front of her business because vehicles from a bank and nearby offices and apartments park there and are affecting her business; and WHEREAS, at its meeting on September 11, 2002, the Traffic Safety Committee .,,approved installation of a two-hour parking zone at 907 "A" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby directed to install a two-hour limited parking zone at 907 "A" Avenue. , PASSED and ADOPTED this 1'` day of October, 2002. ATTEST: Michael R. Dana, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 11, 2002 ITEM TITLE: REQUEST FOR INSTALLATION OF A "THREE HOUR PARKING" ZONE AT 907 "A" AVENUE (BY: L. ROMIGUIERE1 PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Linda Romiguiere, the owner of Glasswood Studio at 907 "A" Avenue, has requested the installation of a "three hour parking" zone in front of her stained glass business. According to Ms. Romiguiere, parked vehicles from the bank, offices, and apartments are parking their vehicles there and are affecting her business. STAFF RECOMMENDATION: Staff recommends the installation of a "two hour parking" zone be placed on the side of 907 "A" Avenue between "A" Avenue and the alley on 9th Street. EXHIBITS: 1. Letter 2. Location Map 2002-23 Linda Romiguiere Louise Branch 907'A' Avenue Chula Vista, CA. 91950 August 10, 2002 City of National City 1243 National City Boulevard National City, CA. 91950 To Whom It May Concern: We are Glasswood Studio, a stained glass studio doing business on the corner of Ninth and 'A' Avenues in National City. Parking has always been a problem for us. Our customers complain that they are unable to park close enough to carry their supplies and projects to their vehicles. The parking places adjacent to our business have been taken by Union Bank of Ca. and Red Lion Suites' employees as well as students from the education complex. With the completion of the six units across the street, it is almost impossible to find parking. We would like to request your assistance with this problem. We believe "3- Hour Parking" would help eliminate some of these problems. We appreciate your attention to this matter. Sincerely, Linda Romiguiere ,7 ouise Branch I I J I STREE- LOCA \‘. I I i L. z 8-th DL AZ IO• z L City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 1, 2002 6 AGENDA ITEM NO. / ITEM TITLE RESOLUTION APPROVING COUNCIL POLICY ON THE CITY OF NATIONAL CITY INVESTMENT POLICY. PREPARED BY Marylou Matienzo EXPLANATION DEPARTMENT Finance dity Council Policy Number 203 provides that the City's Investment Policy be reviewed annually. Per Council direction, investment policy updates arer incorporated into our City Council Policy. This year's policy incor- porated some changes to the adopted last year dated October 2, 2001. Please see attached explanation. environmental Review NIA Financial Statement Not applicable %TAFF RECOMMENDATION Staff recommends to adopt the Resolution approving the updated policy for inclusion in the Policy Manual and amend the Investment Policy adopted by Council on October 23, 1990. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS ( Listed Below ) Resolution No. 2002-149 1. Resolution 2. Updated Investment Policy 3. Summary of Revisions 4. Broker -Dealer Requalification Questionnaire 2002 A-200 (9;99) RESOLUTION NO. 2002 —149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 203, entitled "Investments", is amended as recommended by the Finance Director. PASSED and ADOPTED this e` day of October, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: rJ t1F George H. Eiser, III City Attorney George H. Waters, Mayor REVISIONS TO THE CITY OF NATIONAL CITY INVESTMENT POLICY 1. PAGE 11OF 16 City Council Policy #203 Related Policy References Added: Resolution No. 2001-151 2. *AGE 130F 16 City Council Policy #203 5.1 Investment Portfolio Revised: Senior Accountant to Financial Services Officer 3. Added Requirement: Broker -Dealer Re -qualification Questionnaire CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 1 of 16 Purpose The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment - related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital requirements. The ultimate goal is to enhance the economic status of National City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City of National City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. Policy Temporarily idle funds will be invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 2 of 16 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care,. under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in- the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Obiective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 3 of 16 Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Finance Director, who shall establish written procedures for the operation of the investment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Ethics and Conflicts of Interest Page 4 of 16 Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial investment positions that could be related to the performance of the City's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments' will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. Broker - Dealer requalification questionnaire has to be completed and returned to the Director of Finance for the City to continue doing business with previously approved broker. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 5 of 16 The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transactions. Receipt of the policy, including confirmation that it has been reviewed by persons handling the City's account should be acknowledged in writing prior to commencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible investments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds in authorized broker/dealers and financial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY NUMBER. 203 Investments ADOP October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 6 of 16 apply under certain market conditions to go beyond 2 years if the instrument has a callable, transferable, negotiable featurein which maturity would fall within the limits of the California government Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from CMO's or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Sponsored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees. The maximum maturity shall be 5 years with a minimum credit requirement of AAA which all U.S. Treasuries and Agencies are currently rated. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 270 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum maturity of an issue CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OR.- 1, 2002 REVISED: Page 7 of 16 shall be 180 days. Issuers must be at or above the following investment grade from one of these rating firms: Fitch - Fl , Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. NEGOTIABLE, TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks and thrift institutions funds deposited for specified periods of time and earn either a fixed or variable interest rate. the maximum maturity of an issue will be generally be no more than 1 year on new investments. Certain exceptions can be made upon the discretion of the Finance Director. The Certificate of Deposit is issued by a federally insured bank or credit union and must be "well capitalized" as that term referred to in the FDIC Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issued is limited up to $100,000. Medium term corporate notes of a maximum of five years maturity issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Medium term corporate notes shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating agency. Investments will be limited to a maximum of 10% of the City's portfolio. The maximum principal amount in any one company will not exceed 200,000. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund with the state agency. This is a liquid investment that has no maximum maturity and an investment Cap of 30 million for each participant. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 8 of 16 The Finance Director shall have the authority to adjust the investment portfolio percent distribution and maximum maturities depending on certain market conditions in accordance to the terms of the government codes. Collateralization To secure active or inactive deposits, the amount of securities placed with agent depository shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insurance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's approval. Safekeeping and Custody All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. Securities will be held in a third party custodian/safekeeping account. Said securities shall be held in a manner that establishes the City's right of ownership. Diversification The City will diversify its investments by security type and institution. With the exception of U.S. Treasury securities and the Local Agency Investment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total investment portfolio being invested in a single security type or with a single financial institution. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 9 of 16 Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion, separation of duties, clear delegation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and broker/dealers that practices or supports, directly or indirectly through its actions, discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 10 of 16 taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six months Treasury Bills. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. Reporting The Finance Director shall render a monthly report to the City Council and City Manager showing the following information: 1. Type of investment. 2. Name of financial institution. 3. Date of deposit. 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. 9. A statement that the City's expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items inclyded in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 11 of 16 selling price, accrued interest if applicable, settlement date and any additional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the policy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings. Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-1 10 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2001-151 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED' October 23, 1990 AMENDED OROctober 1, 2002 REVISED: City of National City Investments Functions Segregation of Responsibilities FUNCTION 1.0 Invest Policy: 1.1 Preparation and annual review of Investment Policy. 1.2 Approval of Investment Policy. 2.0 Investment Transactions: 2.1 Calculation of Cash position. 2.2 Investment recommendation: Determination of amount to be invested, selection of type of investment and term of investment. 2.3 Review of Investment recommend- ation and execution of transaction. 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers. 3.2 In accounting records. 3.3 Match Investment confirmation to subsidiary ledgers. 4.0 Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. financial condition. 4.3 Review of financial Institutions and investment brokers' reputation and 4.4 Review of collaterals. Page 12 of 16 RESPONSIBILITY Finance Director City Council Finance Director Finance Director City Treasurer Finance Director Finance Director Accountant Accountant Accountant Accountant Finance Director City Treasurer CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 13 of 16 4.5 Control, follow up and calculation Accountant of interest earnings. 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments. Accountant 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. Accountant 4.8 Distribute and secure acknowledgements of the City's Investment Policy from authorized banks and brokers. Accountant 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis. Accountant 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review. Accountant 4.1 1 Review the status of investment banks through the Financial Services Information Accountant 5.0 Investment portfolio: 5.1. Preparation of investment report. Financial Services Officer 5.2 Review of portfolio for compliance with stated investment policy Finance Director 5.3 Approval of Investment Report City Council CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 14 of 16 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Fannie Mae - Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System - The central bank of the United States consists of a seven member Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) - Insurance provided to customers of a subscribing bank that guarantees deposits ; a set limit (currently $100,000) per account. Freddie Mac - Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginnie Mae - Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the United States Government. Interest Rate - The annual yield earned on an investment, expressed as a percentage. Liquidity - Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit - Was established by the state to enable treasurers to place idle funds in a pool for investment. Each agency is currently limited by LAIF to an investment of $30 million plus any bond proceeds. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY 203 NUMBER ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 15 of 16 Market Risk - Defined as market value fluctuations due to overal► changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities prior to maturity. Also, avoiding the purchase of long term securities for the sole purpose of short-term speculation mitigates marker risk. Market Value - The price at which a security is trading and could presumably be purchased or sold. Maturity - The date the principal or stated value of an investment becomes due and payable. Portfolio - Collection of securities held by an investor. Purchase Date - The date in which a security is purchased for settlement on that or a later date. Rate of Return - The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) - Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of day at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. Reverse Repurchase Agreement (Reverse REPO) - A transaction where the seller (City) agrees to buy back from the buyer (bank) the - securities at an agreed upon price after a stated period of time. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OROctober 1, 2002 REVISED: Page 16 of 16 Sallie Mae - Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills - United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Issued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies - Instruments issued by various United States Government Agencies most of which are secured only by the credit worthiness of the particular agency. CITY OF NATIONAL CITY CITY OF NATIONAL CITY BROKER -DEALER REQUALIFICATION QUESTIONNAIRE 2002 PREPARED BY THE CITY FINANCE DEPARTMENT BROKER: SECTION I: STATEMENT OF POSITION AND GENERAL REQUIREMENTS The City of National City, the National City Public Financing Authority, (hereafter referred to collectively as the "City") annually review the financial condition and registration of broker -dealers that previously have been qualified to provide financial services to the City, in order to determine whether these broker -dealers should remain on the City's "Approved Provider List". As part of this process, the City also provides each currently authorized broker - dealer with a copy of the City's most current "Statement of Investment Policy" and a certification form. Each broker -dealer is required to complete and submit the certification form as proof that it has received the City "Statement of Investment Policy"; read it; and intends to comply with it. If a broker -dealer cannot comply with all of the provisions in the City's "Statement of Investment Policy", then that broker -dealer should revise and initial the section(s) in question, and return the executed certification form along with a letter explaining City of National City 2002 Broker -Dealer Requalification Questionnaire Page 2 of 5 the broker -dealer's reasons for not being able to comply. The City will notify all previously qualified broker -dealers, in writing, on whether they have been requalified to continue to provide financial services to the City. SECTION II: QUESTIONNAIRE DEADLINE AND REQUIRED DOCUMENTS The City must receive the following documents from each currently authorized broker -dealer A completed Broker -Dealer Requalification Questionnaire. A copy of the firm's most recent Annual Report. A copy of the firm's most recent SEC Form10-K. A copy of the firm's current Form BD Status Report. Also, in the case of a regional broker: A copy of the firm's most recent SEC Form X-17 A-5 "Focus Report" (in the case of a non -bank) or most recent Consolidated Reports of Condition and Income for A Bank With Domestic and Foreign Offices — FFIEC 031 (in the case of a bank). These documents may be delivered in person, by post, or by courier to: City of National City Attention: Marylou Matienzo, Director of Finance 1 243 National City Blvd. National City, CA 91950 If a currently authorized broker -dealer fails to submit the above -referenced documents by the specified deadline, then the City shall suspend all business dealings with that broker -dealer, and may elect to terminate its business relationship with that broker dealer. City of National City 2002 Broker -Dealer Requalification Questionnaire Page 3 of 5 If you have any questions about this questionnaire, then please call Cherri Palazo (61 9)336-4342. SECTION III: REQUEST FOR GENERAL INFORMATION FROM CURRENTLY AUTHORIZED BROKER -DEALER 1. Firm Name: 2. Contact Address: 3. Contact Personnel: Sales Representative Supervising Manager Name: Name: Title: Title: TEL: ( ) TEL: ( TEL: (800) TEL: (800) 4. Has your firm operated under a different business name at any time during the last 12 months? (check one) Li Yes No If "yes", please identify the prior name; the date of the name change; and the reason for the name change. 5. If your firm IS NOT a primary dealer, does it currently have a net capital position in excess of $100 million? (check one) Yes No 6. If your firm IS NOT a primary dealer, has it consistently complied with the Federal Reserve Bank's capital adequacy guidelines over the last 12 months? (check one) City of National City 2002 Broker -Dealer Requalification Questionnaire Page 4 of 5 Yes No If "no", please explain. SECTION IV: REQUEST FOR AUTHORIZED BROKER -DEALER DISCLOSURE 7. Have any of your firm's public sector clients sustained a loss on a securities !transaction within the last 12 months, arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument that was recommended by and purchased through your firm? (check one) II Yes No If "yes", please describe each matter briefly. 8. Have any of your firm's public sector clients claimed, in writing, within the last 12 months, that your firm was responsible for any investment losses? (check one) n Yes (1 No If "yes", please describe each matter briefly. 9. Has your firm been subject to any litigation, arbitration, or regulatory proceedings, either pending, adjudicated, or settled, within the last 12 months, that involved allegations of improper, fraudulent, disreputable or unfair activities related to the sale of securities to or the purchase of securities from institutional clients? (check one) I� Yes I I No If "yes", please describe each matter briefly. 10. Has your firm been subject to a regulatory, state, or federal agency investigation, within the last 12 months, for alleged improper, fraudulent, disreputable, or unfair activities related to the purchase or sale of securities? (check one) Yes No If "yes", please describe each matter briefly. SECTION V: CERTIFICATION I hereby certify that I have read and that I understand the investment policies and objectives of the City of National City, National City Public FinancingAuthority City of National City 2002 Broker -Dealer Requalification Questionnaire Page 5 of 5 (hereafter referred to collectively as the "City"), as represented in the City's "Statement of Investment Policy", My firm will ensure that all affected sales personnel will be routinely informed of the City's investment objectives, horizon, outlook, strategies, and risk constraints, as the City provides such information. My firm will notify the Director of Finance immediately, by telephone, and, in writing, in the event of a material adverse change in its financial condition, or of any violation of Municipal Securities Rulemaking Board Rule G-37. My firm pledges to exercise due diligence in informing the Director of Finance of all foreseeable risks associated with any financial transactions that my firm undertakes with the City. I attest to the accuracy of my firm's response to the City's Request For Information. NOTE: Completion of this Re qualification Questionnaire is only part of the City of National City's review process, and DOES NOT guarantee that the broker -dealer will continue to be authorized to provide financial services to the City. This section must be signed by the sales representative who is listed in Question 3. Firm: Signed: Title: Date: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations section. Firm: Signed: Title: Date: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 1, 2002 7 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIA-_ TIONS LIMIT FOR FISCAL YEAR 2002-03 PREPARED BYMarylou Matienzo DEPARTMENT Finance Director of Finance EXPLANATION As allowed by Proposition 111, the growth in California per capita income was chosen as the City's change in cost of living adjustment. In addition, the population growth of San Diego County was chosen as the population adjustment factor. Environmental Review N/A Financial Statement Approved By: Fnance •ir- �r Selected factors provide the highest Appropriation limit Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS ( Listed Below ) 1. Proposed Resolution. 2. Schedule A. 2002-150 Resolution No. A-200 (9/99) RESOLUTION NO. 2002 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-2003 WHEREAS, the voters of California on November 6, 1979, added Article XIII-B to the California Constitution placing various limitations on the appropriations of the State and local governments; and WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living; and WHEREAS, the voters of California on June 5, 1990, enacted Proposition 111 updating the calculation of appropriations limit of the State and local governments; and WHEREAS, Proposition 111 further provides that for fiscal years beginning on or after July 1, 1990, the appropriations limit of each entity of government shall be the appropriations limit for the fiscal year 1986-87 adjusted for the changes made from that fiscal year; and WHEREAS, Proposition 111 further provides that for fiscal years beginning on or after July 1, 1990, each city may choose as its change in cost of living adjustment factor either (1) the growth in California per capita income, or (2) the growth in the non-residential assessed valuation due to new construction within the city; and WHEREAS, Proposition 111 further provides that for fiscal years beginning on or after July 1, 1990, each city may choose as its change in population adjustment factor either (1) the population growth of the city, or (2) the population growth of the entire county. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that for fiscal year 2002-2003, the change in cost of living adjustment factor shall be the growth in California per capita income. BE IT FURTHER RESOLVED that for fiscal year 2002-2003, the change in population adjustment factor shall be the population growth of San Diego County. PASSED and ADOPTED this e` day of October, 2002. ATTEST: Nfichael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney City of National City Gann Appropriations Limit 2002-03 Schedule A Appropriations Limit - 2001-2002 $ 31,001,939 CA Per Capita Income Increase (A) 1.27% Limit Sub -Total ($31,001,939 x1.0127) $ 31,395,664 SD County Population Increase (A) 1.83% Appropriations Limit - 2002-2003 ($31,395,664 x 1.0183) $ 31,970,204 (A) Source - State of California, Department of Finance 9/18/023:55 PM 1 City of National City, California COUNCIL AGENDA STATEMENT "iilEETING DATE October 1, 2002 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-03. PREPARED BY*. DEPARTMENT Marylou Matienzo Finance EXPLANATION Director of Finance The Annual Appropriations Limit for fiscal year 2002-03 has been calculated as $31,970,204. The estimated appropriations for 2002-03 subject to the limit is $24,148,822. The City is under the Annual Appropriations Limit by $7,821,382. Environmental Review N/A Financial Statement ro No effect since estimated appropriations areepander ed BY: the limit. 44,14 Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS ( Listed Below ) 1. Proposed Resolution. A-200 (9/99) Resolution No. 2002-151 RESOLUTION NO. 2002 —151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-2003 WHEREAS, the voters of California on November 6, 1979, added Article XIII-B to the California Constitution placing various limitations on the appropriations of the State and local governments; and t WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living; and WHEREAS, the voters of California on June 5, 1990, enacted Proposition 111 updating the calculation of appropriations limit of the State and local governments; and WHEREAS, the calculations for the appropriations limit of the City of National City for fiscal year 2002-2003 are shown on Attachment 1 attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the cost of living factor to be used in calculating the appropriations limit for fiscal year 2002-2003 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factor to be used in calculating the appropriations limit for fiscal year 2002-2003 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriations limit for fiscal year 2002- 2003 shall be $31,970,204 as set forth in Attachment 1. PASSED and ADOPTED this 1a day of October, 2002. George H. Waters, Mayor AI LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 26 City of National City Gann Appropriations Limit 2002-03 Schedule A Appropriations Limit - 2001-2002 $ 31,001,939 CA Per Capita Income Increase (A) 1.27% I° Limit Sub -Total ($31,001,939 x1.0127) $ 31,395,664 SD County Population Increase (A) 1.83% Appropriations Limit .2002-2003 ($31,395,664 x 1.0183) $ 31,970,204 (A) Source - State of California, Department of Finance 5/3/025:41 PM City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 1, 2002 ITEM TITLE PREPARED BY EXPLANATION 9 AGENDA ITEM NO. Amending Workers' Compensation Claims Administration Services Kassia Koss to Risk Management Kossyta SEE ATTACHED EXPLANATION Environmental Review X N/A (-Financial Statement Finance Director If approved, sufficient funds will be budgeted in the Expert and Consultant Services account for the next five fiscal years. Account No. 627-414 000-2 Approved By; (-STAFF RECOMMENDATION Adopt a Resolution amending the contract for workers' compensation claims administration with Claims Management Service for an additional five years at $74,448 for the first three years with a 3.5% fee increase the following two years. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Amendment to Agreement 2002-152 A-200 (9 99) EXPLANATION: Self -insured for workers' compensation, the City of National City has had a claims adjusting contract with Claims Management Services (CMS) since 1998. It expires next year. We have negotiated a new five-year agreement to begin on August 1, 2003. If the City does not extend the contract, the request for proposal process for workers' compensation claims adjusting services will need to start next month. State requirements and program size make it cost prohibitive to adjust claims in-house. Antojtside claims auditor, Farley Consulting Services examined CMS claims handling practices in August. Their report stated reserves were adequate, claims are thoroughly investigated, subrogation is aggressively pursued, medical costs are effectively contained and files are well documented. Although, National City employees are allowed to select their own medical care provider. CMS cost containment program in the last three years has provided a 32% or $236,094 savings in medical bill payments. Most public entities save 20-27% in their cost containment programs. California's workers' compensation and excess insurance markets are the most volatile they have been in 25 years. Entering into a five year adjusting agreement provides for quality claims handling and fee stability. The proposed amendment increases the current administrative fee by 3.5% or $74,448 annually for three years. Years 2006 and 2007 have a 3.5% increase. The medical bill review and litigation fee schedules go from $4.50/bill to $4.75/bill and $50/hour to $70/hour over the life of the agreement. RESOLUTION NO. 2002 —152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT SERVICES FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES WHEREAS, on June 19, 1998, the City entered into an Agreement with Claims Management Services to supervise and administer the City's workers' compensation claims; and WHEREAS, the City and Claims Management Services desire to amend Sections 1.5, 5, 6 and 7.1 of said Agreement, to be effective April 1, 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement with Claims Management Services for workers' compensation claims administration services. Said Amendment to Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 1st day of October, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. E'iser, III City Attorney 09/24.SEP 24 '02 89:10AM CLAIMS MGT SVCS 14) 555-7901kL CITY P.2i4o2 a-1-03 to 7-31-04 $50 per hour 8-1-04 to 7-31-05 $55 per hour 8-1-05 to 7-31-06 $60 per hour 8-1-06 to 7-31-07 $65 per hour 8-1-07 to 7-31-08 $70 per hour AMENDMENT TO AGREEMENT BETWEEN . CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT SERVICES FOR WORKERS'COMPENSATION CLAIMS ADMINISTRATION SERVICES THIS AMENDMENT IS MADE AND ENTERED INTO this 18` day of October 2002, by and between the City (hereinafter "the City") and Claims Management Services (hereinafter "Service Company") in view of the following understandings: RECITALS A. On or about June 9, 1998 the City entered into an Agreement ("the Agreement") with Service Company to supervise and administer the City's workers' compensation claims. B. The parties desire to amend Sections 1.15,5, 6 and 7.1 of the Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Paragraphs 8 and 9 of Section 1.15 are hereby amended to read as follows: 1.15 Litigation and Subrogation. Service Company shall be responsible for the following tasks in connection with disputed claims: 8. Medical bill review schedule• 8-1-03 to 7-31-04 $4.50 per bill 8-1-04 to 7-31-05 S4.55 per bill 8-] -05 to 7-31-06- $4,60 per bill 8-1-06 to 7-31-07 $4.65 per bill 8-1-07 to 7-31-08 $4,75 per bill 9. Provide the services of a Litigation Representative to prepare appropriate legal documents, file objections and attend pre-trial cor*enecs if requested for: II. Section 5 is herby amended to read as follows: The City agrees to pay Service Company .for its services and the Service Company agrees to accept from the City: 5. I A flat annual fee of $74,448 for the period of August 1, 2003 to Iuly 31, 2006. One -twelfth (I/12) of the annual fee will be paid monthly in arrears, fifteen (15) days following each month's end. og/24SEP 24:,'02 „09:10AM_CLAIMS_MGT SVCS (714) 565-7001AL CITY P.3/403 t 1, 2006,the annual fee shall be increased by year commencing Augur st 1 2007 the annual fee shall be 5.2 For For the year commencing on Augu 3.5%. increased 3.5%_ Allocated Loss Expenses shall also be paid by the City. 5.3 of computer Additional charges to be paid by the City include the printing requested by the City. 5.� printing specifieallY eq compatible checks or other such p 5.5 Allother Pd monthly in arrears fi8een er t shall be (15) days ants un of this nth cared presentation to City of an itemized g the end the� statement. iT. The first paragraph of Section 6 is hereby amended to read as follows: TES: on August 1, 2003, and The term of this Agreement shall be for the period commencing continuing until the last day of July, 2008, 1V. Section 7.1 is hereby amended to read as follows: NOTICES: L be gven by suant to the terms of this Agreement shall 7.1 Notices required pur follows: United States Mail, postage pre -paid, addressed to the parties as City of National Risk Ciiit Mager Kassia Kossyta, 1243 National City Blvd. vd. Bl . National City, 950 Claims Management Service Dennis Sheehy, Contracts Administration Manager p,O, Box 11828 ' Santa Ana, California 92711.1828 V. With the foregoing exceptions, each and every term and provision of the Agreement entered into on or about June 9, 1998 shall remain in full force and effect. 09/24 SEP 24_ '02 _ 09: 11RM CLRIMS MGT SVCS (714) SCS-73—diAL CIT3t IN WITNESS WeER OF, the undersigned have executed this Agreement, as of the day and year first above mentioned. CITY OF NATIONAL CITY George R. Waters, Mayor CLAIMS MANAGEMENT SERVICE nnis Sheehy, Contracts - inistration Man.,-r APPROVED AS TO FORM: B George B. Eiser, III, City Attorney 3 Date Date City of National City, California COUNCIL AGENDA STATEMENT FETING DATE October 1 2002 10 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF THE PARS DEFINED BENEFIT/CONTRIBUTION PLANS TO BE ADMINISTERED BY PHASE ll SYSTEMS, PARS TRUST ADMINISTRATOR FOR CITY EMPLOYEES PREPARED BY DEPARTMENT Tom G. McCabe City Manager's Office EXPLANATION City Manager The City currently has a 457 Deferred Compensation Plan which enables employees to defer income tax-free into a supplemental retirement investment plan. However, recent changes in tax law now make it less restrictive and more beneficial to both the City and the employee to establish a 401(a) Deferred Compensation Plan in addition to the 457 Plan. Under a 401(a) Plan, the City would not pay medicare, workers' comp or unemployment costs on money put into the plan, and the employee has greater choice on whether they want a defined benefit or a defined contribution plan. They would also have more choices on their distribution method upon retirement. It also allows vacation credits to be converted into the plan, and the City would only have to fund the amount that is being distributed in any one year which would allow the City to budget over a period of time and more accurately. This resolution authorizes the City Manager or his designee, to act as the Plan Administrator and to develop and implement a plan document to be approved by the IRS through the Public Agency Retirement System (PARS). CEnvironmental Review X N/A Financial Statement Approved Bid `/(Y) . / o / a Finance Director There is a one time set-up fee of $2,500 and $300/month administrative fee which will be offset by savings in medicare, workers' comp and unemployment costs. Account No. STAFF RECOMMENDATION Recommend approval of Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Liisted Below Resolution No. 2002-153 1. Resolution A-200 (9.'99) RESOLUTION NO. 2002 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF THE PARS DEFINED BENEFIT PLAN AND THE PARS DEFINED CONTRIBUTION PLAN FOR CONVERSION OF UNUSED LEAVE TIME TO BE ADMINIS TERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR -FOR CITY EMPLOYEES WHEREAS, it is determined to be in the best interest of the City of National City ("CITY") to establish the PARS Defined Benefit Plan and the PARS Defined Contribution Plan for eligible City Employees and their beneficiaries; and WHEREAS, the CITY is eligible to be a member of the Public Agency Retirement System ("PARS"), and provide to its' employees a governmental plan, qualifying under relevant sections of the Internal Revenue Code and the California Government Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. The CITY, being a member of the PARS Trust, does hereby adopt the PARS Defined Benefit Plan and the PARS Defined Contribution Plan for eligible employees effective January 1, 2003. 2. The CITY's PAR Administrator is hereby authorized to execute the PARS legal and administrative service documents on behalf of the CITY to implement a PARS supplemental plan to CaIPERS. 3. The City Council hereby appoints the City Manager, or his successor or designee as the CITY's Plan Administrator for PARS, and further authorizes him/her to implement the Plan and to take whatever additional actions are necessary to maintain the participation of the CITY in PARS and to maintain PARS compliance with relevant regulations issued or as may be issued by the Federal or State government or agencies. PASSED and ADOPTED this ls` day of October, 2002. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Ar SEP-12-2002 10:37 PHASE 11 SYSTEMS City of National City 949 250 1252 P.09 Tax Implications This is Phase II Systems, the PARS Trust Administrators current understanding of the possible tax implications to both the Employer and Employee, however, we do not provide tax advice. We advise all participants to check with their own financial advisors to determine the tax implications of participation in the program. Tic implications for Employees: • Lump Sum distributions can be taken from the plan and rolled over to an IRA, where funds can continue to receive tax -deferred advantages. With this option, there is no immediate tax -liability for the participant. • With a 60-month payout, participants are taxed on benefits only as received, as opposed to the entire value of the lump sum at the time of separation of employment. is No other employee payroll tax withholding (e.g., Medicare contribution) required on distributions from the program • No excise tax penalties for early withdrawal of plan benefits for employees that retire after 55 or retire on a disability basis • No excise tax penalties to the participant's heirs with payment for death benefits • Heirs provided with IRA Rollover option for death benefits • Mandatory 20% federal tax withholding requirement for distributions that are paid in less than 10 years and not rolled over into an IRA Tax Implications to the Employer • Avoid certain payroll taxes (e.g., Medicare costs) with pension contribution as opposed to cash out of accumulated unused leave Permits the Employer to pre -fund obligation, thereby reducing the cost at retirement/termination through accumulated investment earnings Employee Communication and Education Effective communication to plan participants is an important aspect of a retirement plan. Phase li Systems can provide employee communication of plan provisions and benefits to the employees. We would work in conjunction with your employees to ensure proper understanding of the plan. Phase ti Systems ensures that participants receive proper information about the plan by utilizing a variety of methods, including communication sessions with the participants. These meetings and services are provided at the time of plan set- up and on an on -going basis year-to-year. Revised on September 11, 2002 i • SEP-12-2002 10:3? PHASE II SYSTEMS 949 250 1252 P.10 City of National City A Group Orientation Meetings Phase II Systems conducts group orientation meeting(s) to review the plan provisions, benefit options and enrollment requirements in detail. All participants in the plan along with their spouses and financial advisors are encouraged to attend these meetings. ➢ Individualized Counseling Phase II Systems conducts workshops to provide individualized counseling for participants. These workshops are held to answer any remaining questions that participants may have about the plan and assist them in the completion of forms If needed. > Toll -free (800) phone line Participants are also encouraged to call the toll -free phone lines for answers to their specific questions. Administration specialists are available during business hours to provide plan information and account balances. In addition, a detailed plan summary can be obtained at any time by calling our office. • Plan Summary Phase II Systems will produce a written plan summary to assist in the participant's understanding of the plan. The plan summary provides detailed information about the benefit options and eligibility requirements. Plan Design, Implementation, and Ongoing Administration Administration of the City plan through the PARS Trust provides the safest and most cost-effective method of plan administration. As the trust administrator for PARS, Phase II Systems provides all ongoing administration, e.g., plan enrollments, plan accounting, certified audit, actuarial reporting, state and federal compliance, and responds directly to participant questions. In addition, we wilt submit the plans to the IRS for a letter of determination, which determine the tax - qualified status of the plans. The administration of PARS plans by Phase II Systems is comprehensive, thus removing the administrative burden of the plan from your staff. Through membership in PARS, California public agencies can design and implement the plans they need while reducing the administrative, compliance and fiduciary burden. Phase II Systems is the leading organization in California in designing, implementing and administering retirement plans for governmental agencies. We have a long standing commitment and a well established track Revised on September tit, 2002 8 • SEP-12-2002 10:3? PHASE iI SYSTEMS 949 250 1252 P.11 City of National City record in creating innovative, competitive pension plans designed to meet the unique needs of each of our public sector clients. List of Services Phase II Systems will provide the following services for the City in the implementation and ongoing administration of each plan. Step 1: Plan Design and Implementation • Meet with City personnel to discuss plan provisions, implementation timelines, benefit communication strategies, and funding policies, including City Council presentation if needed • Advise City's Plan Administrator regarding Trustee investment options • Provide the necessary advisory services to finalize these elements of the plan • Draft City Council Resolution to join PARS and adopt retirement plan • Draft City's PARS Adoption Agreements • Draft City's PARS Plan and Trust Documents • Prepare Employee Benefit Communication Materials, including Plan Summary • Conduct group Orientation meetings, PARS workshops for individualized. counseling and toil -free 8OO number for employee education • Coordinate and consult with appropriate City personnel to ensure timely and effective completion of required implementation activities • Prepare IRS Application for Letter of Plan Determination Step 2: Ongoing Administration • Field participant information requests via toll -free phone lines • Process City's Requests for Distribution • Notify terminated participants of benefit amount and payment options • Provide Periodic Valuation of Accounts and Benefit Calculations • Process Participant Distribution Election Forms • Coordinate with PARS Trustee to Distribute Benefits • Reconcile discrepancies with City staff • Provide On -demand Participant Account Statements year-round • Annual Participant Statements • Conduct on -site Orientations for participants as needed by the City • Prepare Annual Valuation Report • Prepare Annual City Statements • Coordinate with PARS Trustee regarding 1099R Forms for terminated Participants • Prepare Annual Independent Audit of PARS Trust Report • Prepare Annual California State Controller's Report • Advise City of ongoing compliance and qualification requirements • Provide ongoing consulting for plan revisions and amendments ReVrsed on September 11, 2002 9 City of National City, California COUNCIL AGENDA STATEMENT `-,.MEETING DATE October01, 2002 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER #12 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #12 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. STAFF RECOMMENDATION N/A Approved By: Finance Dire Account No. I recommend ratification of these warrants for a total of $ 1,027,258.12. BOARD I COMMISSION RECOMMENDATION Nazi/ i"d29:f p�n, �?Z9ZGC t� f.-g l�2 tc4 1/41 ATTACHMENTS ( Listed .Below $ Resolution No. 1. Warrant Register #12 2. Workers Comp Warrant Register dated 09/11/02 A-200 i9 99 City of National City, California COUNCIL AGENDA STATEMENT I'EETING DATE October01, 2002 12 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #13 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #13 per Government Section Code 37208. ` CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Finance Directo Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 242,674.75. BOARD / COMMISSION/RECOMMENDATION Cliyie/a ?1 ATTACHMENTS (Liisted Below ) 1. Warrant Register #13 2. Workers Comp Warrant Register dated 09/18/02 Resolution No. A-200 19 99) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE October 1, 2002 AGENDA ITEM NO. 13 ITEM TITLE CLAIM FOR DAMAGES: Fabio Lombardo PREPARED BY Michael R. Dalla, CMUIIPARTMENT City Clerk EXPLANATION The claim .f Fabio Lombardo arises from an occurrence in August 2002 and was filed with the City Clerk's Office on September 5, 2002 Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 i9 99i City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 1, 2002 14 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Fawn Ackerman PREPARED BY Michael R. Dalla, CMOSEPARTMENT City Clerk EXPLANATION The claim of Fawn Ackerman arises from an occurrence on August 29, 2002 and was filed with the City Clerk's Office on September 12, 2002 Environmental Review XX— N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 19 99i City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 1, 20n2 AGENDA ITEM NO.15 ITEM TITLE City Council Approval of Response Letter Regarding Grand Jury Report "Regional Transportation Planning — Does it Exist?" Park Morse, Asst, City Manager V- City Manager's Office PREPARED BY DEPARTMENT EXPLANATION On September 20, 2002, this Office received the above Grand Jury Report which was apparently originally released in May of this year. Unfoptunately this report specifically, and many previous reports are not received by the City Manager's Office or the City Council when they are originally transmitted. This report makes one recommendation that applies to the City of National City; 02-30: Support passage of the San Diego Regional Agency legislation (SB 1703 and AB 2095). The City Council has already taken positions in support of both pieces of legislation. The Grand Jury issue is now moot as SB 1703 has been chaptered and AB 2095 never made it to the Governor's desk. Staff recommends the attached letter be sent as required by law to the Presiding Judge of the Superior Court. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Response Letter BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) A. Response Letter B. Prior Council Action C. Grand Jury Report Resolution No. A -too [9.99) Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor October 1, 2002 Presiding Judge of the Superior Court County of San Diego Hall of Justice 330 West Broadway, Suite #477 San Diego, CA 92101-3830 Subject: "Regional Transportation Planning — Does it Exist?" - City of National City Response on the Findings and Recommendations in the Report The City of National City received a copy of a report by the San Diego County Grand Jury 2001-2002 titled, `Regional Transportation Planning — Does it Exist?" National City is providing the following comments on the findings and recommendations (02-30). RECOMMENDATIONS 02-30 Support passage of the San Diego Regional Agency legislation (SB 1703 and AB 2095). On July 16, 2002, the City Council of National City adopted Resolution 2002-107, taking a support position on SB 1703 and AB 2095. As we now know, SB 1703 has been chaptered and AB 2095 never made it out of the legislature. ® Recycled Paper October 1, 2002 Page 2 George H. Waters Mayor Nick lnzunza Vice Mayor R. Mitchel Beauchamp Councilman Ron Morrison Rosalie Zarate Councilman Councilwoman cc: Marcia Gravette Jespersen, Grand Jury Foreman City Manager City Attorney Book 84/Page 165 7/16/02 NON CONSENT RESOLUTION COMMUNITY PROMOTION (102-1-3) 12. Resolution No. 2002-107. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL SUPPORTING AB 2095 (KEHOE) AND SB 1703 (PEACE)." (City Attorney) ACTION: Motion. by Beauchamp, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION Motion by Beauchamp, seconded by Zarate, the Ordinance be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTERS 6.26 (CARDROOMS), 6.28 (CARNIVALS, CIRCUSES AND SHOWS), 6.36 (ESCORT SERVICES), 6.41 (GAMES OF CHANCE), 6.42 (BINGO), 6.43 (LIVE ENTERTAINMENT), 6.50 (MASSAGE ESTABLISHMENTS) AND 6.58 (PEEP SHOWS), . AND AMENDING TITLE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS, AND ADDING DIVISION X AND CHAP 1'ERS 10.70 THROUGH 10.79 RELATING TO POLICE REGULATED BUSINESSES." (City Attorney) 14. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." (City Attorney) Vice Mayor Inzunza left the Chamber at 8:11 p.m. EETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 16, 2002 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING AB 2095 (KEHOE) AND SB 1703 (PEACE) PREPARED BY DEPARTMENT George H. Eiser, Ill 1Yu City Attorney EXPLANATION This proposed resolution, requested by Councilman Morrison, would formally endorse AB 2095 (Kehoe) and SB 1703 (Peace). These bills, which are nearly identical, would create a permanent public entity known as the San Diego Regional Agency, to be governed by board members selected by the city council of each city in the county, and a member of the San Diego County Board of Supervisors. The bills would also require creation and adoption of a regional plan that integrates land uses, transportation systems, infrastructure needs, and public investment strategy, with a regional framework. The bills would consolidate transportation responsibilities into a single agency to conduct transportation planning, programming, project development and construction. It is expected that as the bills progress through the legislative process, their respective provisions will be amended so as to make the bills virtually identical. The proposed resolution would provide that the City Council's designee is authorized to withdraw the City's support upon making a determination that either bill has undergone revision -which would significantly change its effect since the date of adoption of the resolution. Environmental Review X N/A / Financial Statement N/A Approved By: Finance Director Aocount No. STAFF RECOMMENDATION 1) Adopt proposed resolution. 2) Designate a councilmember authorized to withdraw City support if the b'lls are revised to significantly change their effect. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution ra Resoluti:, n No. 2002-137 A.200 (9.99) RESOLUTION NO. 2002 —107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING AB 2095 (KEHOE) AND SB 1703 (PEACE) WHEREAS, .the City of National City finds that a regional agency should be established by state law in order to provide permanency of regional decision -making; and WHEREAS, such regional agency should be governed by the local general purpose governments in the San Diego region to ensure the voice of all of the municipalities and county arJ heard and that transportation and land use decisions can be made collectively; and WHEREAS, AB 2095 and SB 1703 call for the creation of a permanent public entity known as the San Diego Regional Agency, and the Agency will be governed by board members selected by the governing body of each city in the county, and a member of the San Diego County Board of Supervisors; and WHEREAS, AB 2095 and SB 1703 also require creation and adoption of a regional plan that integrates land uses, transportation systems, infrastructure needs, and public investment strategy, within a regional framework; and WHEREAS, the regional plan should be based on the local general and regional plans and address interregional issues with surrounding counties and Mexico; and WHEREAS, AB 2095 and SB 1703 consolidate transportation responsibilities to avoid fragmentation and duplication and provide a single agency to conduct transportation planning, programming, project development, and construction; and WHEREAS, AB 2095 and SB 1703 are consistent with the City of National City's goal to implement programs that will preserve and improve the quality of life in the San Diego region, maximize mobility, and transportation choices, and conserve resources. NOW, THEREFORE, BE IT RESOLVED that the City of National City supports Assembly Bill 2095 and Senate Bill 1703 and urge their passage by the state legislature, provided that the City Council's designee on this issue is authorized to withdraw the City's support upon making a determination that since the date of adoption of this Resolution either bill has undergone any revision which would significantly change its effect. PASSED and ADOPTED this 16th day of July, 2002. ATTEST: Mic ael R. DalI �m . •ate �� �'._ George . Waters, Mayor APPROVED AS TO FORM: ar ity Clerk George H. Eiser, III, City Attorney Passed and adopted by the Council of the City of National City, California, on July 16, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstaint None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California lerk of the C/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. 2002-107 of the City of National City, California, passed and adopted by the Council of said City on July 16, 2002. City Clerk of the City of National City, California By: Deputy Grand Jury COUNTY OF SAN DIEGO Hall of Justice 330 West Broadway, Suite 477 San Diego, CA 92101-3830 (619) 515-8707 (619) 515-8696 FAX MARCIA GRAVETTE JESPERSEN, Foreperson September 18, 2002 Mr. Tom McCabe, City Manager City of National City 1243 National City Blvd. National City, CA 91950-4031 Re: 2001-2002 San Diego County Grand Jury Report "REGIONAL TRANSPORTATION PLANNING, Does It Exist?" Dear Mr. McCabe: A review by the 2002-2003 San Diego County Grand Jury Continuity Committee of responses to the 2001-2002 Grand Jury recommendations contained in the above -referenced report (copy attached) indicates that no response has been received from your agency. The Penal Code of California §933(c) requires comment on findings and recommendations in this report no later than 90 days from the date of filing. Comment to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 is required from your agency. The court address is P.O. Box 122724, San Diego, CA 92112-2724. Please send a copy of your response to the Grand Jury at the above -noted address no later than October 2, 2002. Your prompt attention to this matter is appreciated. Sincerely, SAN DIEGO COUNTY GRAND JURY 2002-2003 MARCIA GRAVETTE JESPERSEN Foreperson MGJ/Illn enc. REGIONAL TRANSPORTATION PLANNING Does It Exist? A Report by the San Diego County Grand Jury 2001-2002 May 23, 2002 REGIONAL TRANSPORTATION PLANNING Does It Exist? SYNOPSIS Local traffic congestion, as every San Diego driver knows, is approaching that of Los Angeles. The Grand Jury, as a result of numerous complaints by citizens that transportation congestion is reaching intolerable levels, decided to investigate whether adequate methods are being used to plan and fund transportation projects in San Diego County. The San Diego Association of Governments (SANDAG) is mandated by the State to cooperate with CalTrans in highway planning and in preparing funding priorities for San Diego County. To that end, SANDAG prepares and periodically updates a Regional Transportation Plan (RTP) for the County of San Diego. Although SANDAG is the designated regional transportation planning organization for San Diego County, the Jury discovered that SANDAG cannot assure implementation of regional arterial projects within a specific jurisdiction. Since construction of some regionally significant arterials may not be supported by individual cities, the overall results in terms of regional transportation planning by SANDAG are far from optimal. Aside from its own investigation, the Grand Jury requested that the San Diego County Auditor's Office review the methods used by SANDAG to evaluate and prioritize transportation projects. The Grand Jury recommends that SANDAG adopt and/or improve its project ranking methodologies for regional transportation, transit, interchange, and highway projects. In addition, SANDAG should develop a methodology for prioritizing funding between alternative transportation mode projects (e.g., arterials vs. highway vs. transit projects). The Grand Jury recognizes that SANDAG has prepared and forwarded to the State a proposal to strengthen its ability to propose and fund regional transportation projects (San Diego Regional Plan Legislation, SB 1703 and AB 2095). Based upon our investigation, we strongly support the need for a more comprehensive regional approach to transportation and related land use planning. The Grand Jury strongly recommends that each Member Agency of SANDAG support passage of this legislation. EPW-1 San Diego County Grand Jury 2001-2002 (May 23, 2002) ISSUES 1. Does SANDAG use a formal, criteria -driven process to identify, evaluate, and prioritize highway projects? 2. How does SANDAG identify, evaluate, prioritize, and fund arterial street projects? 3. How does SANDAG evaluate and prioritize freeway -to -freeway projects? 4. How does SANDAG identify, evaluate, prioritize, and program rail and bus transit projects? 5. Why do the criteria and processes used by SANDAG to evaluate, prioritize, and fund transportation projects vary depending on the type of project (e.g., highway, interchange, arterial, and transit projects)? 6. How does SANDAG determine funding priorities for various projects (highway, arterial, interchanges, and transit) vis-a-vis each other. And, how does SANDAG determine and ensure that the highest regional priorities are met, regardless of project type? 7. Does SANDAG have sufficient authority to make and implement difficult but important decisions related to the development of the regional transportation system? 8. Do mechanisms exist, within the present identification and prioritization system, to address regional transportation proposals adequately? BACKGROUND INFORMATION The 2001-2002 San Diego County Grand Jury commenced its study partly in response to statements made by County of San Diego Supervisors Bill Horn and Dianne Jacob, as well as citizen complaints. In her State of the County speech given in January of 2000, County Supervisor Jacob, discussing transportation congestion, was critical of SANDAG's role stating, "SANDAG is dominated by parochial special interests." Supervisor Horn, at the San Diego North County Transportation Summit, held in May of 2001, stated, "North San Diego County is not getting its fair share of transportation funding." SANDAG develops regional plans for transportation, growth management, housing, open space, recycling, and hazardous waste management. SANDAG is governed by representatives from its 19 member agencies (the County and its 18 incorporated cities). These representatives are each designated by the board or EPW-2 San Diego County Grand Jury 2001-2002 (May 23, 2002) council of their agency and are each elected officers within these agencies. Supplementing these voting members of SANDAG are advisory representatives from Metropolitan Transit Development Board (MTDB), North County Transit District (NCTD), the U.S. Department of Defense, California Department of Transportation (CalTrans), the San Diego Unified Port District, the San Diego County Water Authority, and Tijuana/Baja California/Mexico. This report focuses on SANDAG's responsibility for regional transportation planning. Coordinating planning and developing public policy for all modes of travel in the County (both people and freight) are among the responsibilities of SANDAG. It periodically prepares a Regional Transportation Plan (RTP), which contains the principal transportation policies and funding priorities for San Diego County. The present RTP identifies the facilities, services, and programs necessary to help meet the region's travel needs through 2020. This RTP contains two long-range funding plans. In addition to the preferred plan (costing $30 billion), that requires additional transportation funding, the Revenue -Constrained Transportation Plan includes facilities and programs limited to the amount of funding ($18 billion) available if existing state and federal programs remain in force, and the TransNet one-half percent local sales tax program is not extended beyond its current 2008 expiration. SANDAG is now preparing an RTP for 2030. For the 2030 RTP, a third financial scenario is being developed that would be more optimistic than the "revenue - constrained" scenario, while more realistic than the "preferred scenario." This middle course scenario would be the basis for developing, prioritizing, and funding potential 2030 RTP transportation projects. Inherent in the development of all these plans is the need for a comprehensive system of developing, evaluating, and selecting the "best" ways to spend these funds. SANDAG has adopted a policy that transportation funding consists of a balanced set of region wide transportation improvements among highway improvements, local streets, and public transit projects.' This formula was developed based upon opinions of residents and local leadership groups, as determined by survey research. In each of these transportation areas, it is necessary to develop a prioritization methodology. SANDAG and the California Department of Transportation (CalTrans) have developed a prioritization system for freeways, interchanges and highways. SANDAG and local jurisdictions have developed a prioritization system for arterial highways.. SANDAG and the transit operators —North County Transit District (NCTD) and the Metropolitan Transit Development Board (MTDB)—are in the process of developing a prioritization system for transit. SANDAG, 2020 Regional Transportation Plan, April 2000, p. 24. EPW-3 San Diego County Grand Jury 2001-2002 (May 23, 2002) SANDAG states in the 2020 RTP, with regard to transportation funding, "programming actions should be based upon the relative ranking of candidate projects against criteria that measure cost-effectiveness, travel time savings, system continuity and efficiency, safety, economic development, and travel demand management. Programming decisions also should be consistent with the regional strategies/smart growth principles and the need to preserve critical habitat."2 Among other projects, 46 highway/freeway projects were rated, ranked, and discussed in the 2020 RTP-8 in South Bay, 12 in North County, 16 in East County, and 10 in Central San Diego area. SANDAG can and has proposed projects for funding (in the areas of freeways, highways, and transit) and, as part of the planning process used in corridor studies, has evaluated various regional arterial projects. SANDAG itself does not propose regional arterial projects for funding, but evaluates and prioritizes those projects nominated by its member agencies. PROCEDURES EMPLOYED The Grand Jury requested an audit of SANDAG's transportation planning function. The primary objective of this review by the San Diego County Auditor was to assess the effectiveness of SANDAG processes and procedures governing the identification, evaluation, prioritization, and funding allocation decision process for highway, arterial, and interchange transportation projects. The audit included an assessment of SANDAG's application of these project evaluation and prioritization processes, including an analysis of source documentation for the 46 highway projects ranked in the 2020 RTP and the 1998 Regional Transportation Improvement Program (RTIP), which was updated in 2000. Additionally, the accounting was to monitor these same processes as they are being utilized by SANDAG to develop the 2002 RTIP and the 2030 RTP. The performance audit initially addressed the first seven questions identified under"Issues" in this report. Upon a preliminary review of audit results, the Grand Jury requested the auditors take a specific example of a regional transportation proposal —the North County Parkways Plan developed by County Supervisor Slater —and evaluate if mechanisms exist within the present transportation planning system in San Diego County to prioritize such a multi -city regional transportation proposal. The Parkways Plan was selected because it has been widely publicized, includes arterials in the jurisdictions of four different member agencies, will save many hours of commuting time per year, and likely would not be nominated by any one member agency to SANDAG for consideration in transportation planning for the 2020 or the 2030 RTP under current SANDAG policies. 2 Ibid. EPW-4 San Diego County Grand Jury 2001-2002 (May 23, 2002) The audit is attached to this report as Appendix A, and the procedures utilized in performing this audit are contained therein. In addition to the audit work performed by the County Auditor's office, the Grand Jury: - Participated in a transportation planning symposium hosted by the State of California. - Interviewed the Deputy Director and the Head of Transportation Planning of SANDAG. - Dialogued with County Supervisors Horn and Slater. Performed an analysis of differences in priority ranking for highway projects between the draft and final versions of the 2020 RTP. Studied an analysis of the differences in ranking results for a new arterial project between (1) those submitted by the transportation director of the sponsoring city and (2) those calculated by the transportation director of a neighboring city. Conducted an analysis of the amount of congestion relief provided by two regional transportation proposals —The Parkways Plan and the Oceanside - to -Escondido Light Rail System. - Documented (including photos) a number of arterial highway dead ends that occur at the boundaries of cities. The audit report prepared for the 2001-2002 San Diego County Grand Jury by the Audits Division of the County of San Diego forms the basis for facts, conclusions and recommendations in the balance of this report. FACTS A. Currently, SANDAG relies on local governments (member agencies) to identify and nominate arterial projects. Cities sponsoring projects must submit information on standardized qualitative and quantitative criteria developed by SANDAG. SANDAG's Cities/County Technical Advisory Committee (CTAC), with the support of SANDAG staff, reviews the data provided by sponsoring jurisdictions and generates quantitative and qualitative scores, thereby ranking arterial road projects. SANDAG oversight does not ensure that the most critical arterial street projects are EPW-5 San Diego County Grand Jury 2001-2002 (May 23, 2002) funded.3 The auditors noted "While local government transportation engineers are most likely the ones who identify needed projects, their primary focus is probably on the needs of their respective communities rather than those of the greater regional arterial system." B. Numerous examples exist around the County of critical arterial street connections that have not been built or that have been blockaded by neighboring agencies. (See photographs of examples in Appendix B).5 C. SANDAG first developed a formal criteria for highway projects in 1997. This criteria was utilized to rank highway projects in the 2020 RTP and the 1998 and 2000 RTIPs. Most criteria are driven by data; however, the criteria for "compatibility with adopted habitat plans" and "service to major employment areas" were subject to modification throughout the process. The auditor reported, " ... our review revealed that the [Transportation Sub-] Committee ... altered the initial draft qualitative scores for 14 of the 46 highway projects included in the final rankings. For the majority of these projects, the scores for two criteria were altered, including the criteria used to measure the ability of a project to serve major employment areas and to comply with adopted habitat preservation plans. These criteria appear to be more subjective than those that rely on more quantifiable data."6 D. In 1998, CTAC developed formal criteria for evaluating and prioritizing interchange projects identified by CalTrans and SANDAG. Changes are needed to make these criteria more consistent with highway project evaluation criteria. The auditor's report stated " ... SANDAG vas reviewing and updating both the interchange deficiency report, and the criteria used for evaluating and prioritizing these projects.... The update resulted in part because of 'an increasing interest in the benefits of providing these missing freeway ramp connectors and the costs involved in constructing them ... ' Changes are being considered for various interchange criteria in order to make them 'more consistent' with highway project evaluation criteria."' 3 Audits Division, County of San Diego, Review of the SANDAG Transportation Planning Function, February 2, 2002, pp. 10-11. Arterials are defined as signalized streets serving primarily through traffic . 4 Ibid., p. 11. 5 Photographs of Cannon, Melrose and College avenues. 6 Audits Division, op. cit., p. 8. Highways are defined as state or federally -designated urban or rural routes designed to accommodate lengthy trips in the region (e.g., SR78, SR94, and SR125). Ibid. Interchange refers to on/off ramps from freeways, such as from 1-5 to 1-805 or I-8 to 1-805, as well as between freeways and highways, like 1-15 to SR78 or SR52 to 1-5. EPW-6 San Diego County Grand Jury 2001-2002 (May 23, 2002) E. Funding for arterial street projects and freeway -to -freeway projects has not been a high funding priority of the SANDAG Board. The auditors wrote "Like arterial street projects, it appears that freeway -to -freeway interchange projects have not been a high funding priority of the SANDAG Board. In fact ... it appears that these projects received no formal funding consideration until 1998."8 F. A criteria -driven project evaluation process has not been developed for transit funding proposals. SANDAG, NCTD and MTDB are collaborating on the development of a program to identify, evaluate and prioritize transit projects. Reliance on MTDB and NCTD to identify and propose transit projects can result in transit projects critical to the entire regional transportation system not being identified or funded.9 The audit report indicated that, "A possible area of concern regarding transit planning processes concerns how the SANDAG Board has made discretionary funding allocation decisions for regional transit projects in the past without utilizing a formal project evaluation and prioritization process. While reliance on the MTDB and NCTD to identify and propose transit projects certainly has merit, those boards have transit needs and priorities specific to the geographic regions they represent. Therefore, it is possible that transit projects that are critical to the entire regional transportation system may not become a high priority by either board, and as a result not be funded by SANDAG. The more formal criteria -driven project evaluation process being developed collaboratively between SANDAG and these boards might alleviate this concern."10 G. SANDAG does not have a formal system for making discretionary funding allocation decisions between transportation projects using different modes of transport (e.g., arterials vs. highways vs. transit). It also does not have a formal funding distribution formula for allocating discretionary transportation funds between different areas/municipalities within the region. The auditors stated, "While some types of transportation funds are earmarked for specific projects or are distributed geographically according to formulas (e.g., TransNet funds), discretionary dollars allocated by SANDAG are not governed by such requirements. As such, the formal criteria -driven project evaluation processes and sophisticated transportation modeling processes utilized by SANDAG help to drive discretionary funding decisions but do not actually make them. Ultimately, 8 Ibid. 9 Ibid., p. 13. t° Ibid. Generally MTDB is concerned with transit planning in those parts of the County south of Del Mar, while the NCTD is concerned with transit planning in those parts north of Del Mar. EPW-7 San Diego County Grand Jury 2001-2002 (May 23, 2002) it is a political body, i.e., the SANDAG Board, who determines how to allocate discretionary transportation dollars within the region."11 H. While SANDAG has the authority to generate regional arterial projects within or across local jurisdictions in conjunction with local agencies, the final authority for implementing these projects rests with the local jurisdictions. "Several sources indicated that SANDAG's regional planning authority was impeded by local government jurisdictions who oppose projects even if SANDAG considers the projects to be in the best interest of the regional transportation system."12 The auditor reported that the North County Parkways Plan, a regional transportation project, contains multiple components and involves several North County jurisdictions. If this project were to be nominated formally by a member agency to SANDAG for consideration (which would require the endorsement of all affected jurisdictions), it would be difficult for SANDAG to evaluate and prioritize the project as a whole using its current project evaluation and prioritization structure. According to SANDAG personnel interviewed, member agencies rarely nominate projects that affect multiple jurisdictions.13 I. SANDAG acknowledges that limitations and barriers exist regarding its ability to conduct effective and efficient regional transportation planning. It has forwarded a plan it believes will correct these problems to the State Legislature. This proposal, entitled "San Diego Regional Agency" and identified as SB 1703 (Peace) and AB 2095 (Kehoe), is designed to streamline government decision making and planning by14: • Improving coordination among the 18 cities, County government, and other agencies; • Providing a "Regional Plan" to make local plans work more effectively and efficiently; • Building on the foundation of the cities' and County's general plans; • Offering a "big picture" perspective to better maintain our quality of life; • Linking land use and public transportation policy decisions; • Consolidating transportation planning, programming, and project development; • Providing for more and better commuter and other travel choices; 11 Ibid., p. 15. 72 Ibid., p. 16. 13 Ibid., p. 14. 14 State of California, Senate Bill 1703 (Peace) and Assembly Bill 2095 (Kehoe). Text from a summary of the legislation prepared by SANDAG. EPW-8 San Diego County Grand Jury 2001-2002 (May 23, 2002) • Getting regional transportation projects completed across jurisdictional boundaries; • Enhancing opportunities for additional state and federal,funding; • Protecting and preserving open space and habitat for people's enjoyment; • Addressing the need for a comprehensive vision and plan for the border region; • Offering a governance model inclusive of all 19 local city and County governments; and • Providing permanence. FINDINGS I. SANDAG has developed and uses formal criteria -driven processes to identify, evaluate, and prioritize highway projects. The criteria for "compatibility with adopted habitat plans" and "service to major employment areas" are qualitative rather than quantitative. II. Formal criteria -driven processes to evaluate and prioritize interchange projects exist, but require revision to make this criteria more consistent, with highway project evaluation criteria. III. Formal criteria -driven processes to identify, evaluate, and prioritize transit projects are under development. IV. Formal criteria -driven processes to identify, evaluate, and prioritize arterial transportation projects that involve multiple jurisdictions do not exist. Formal criteria -driven processes are used for freeway, highway, and transit projects that cross jurisdictional boundaries, while regional arterial projects are normally nominated for funding on a jurisdictional basis. V. There is no formal process utilized by SANDAG to allocate funding, especially discretionary funding, among alternative transportation mode projects, like arterial vs. highway vs. freeway vs. transit vs. bike routes. VI. SANDAG's ability to conduct effective regional transportation planning is impeded by its lack of authority to override local governments which oppose a project, even when SANDAG determines such a project to be in the best interest of the regional transportation system. The propose& "San Diego Regional Agency" will cause SANDAG to become much more effective in its regional transportation planning function. EPW-9 San Diego County Grand Jury 2001-2002 (May 23, 2002) RECOMMENDATIONS That the San Diego Association of Governments (SANDAG): 02-25: Modify the highway evaluation process to include more formal, data -driven criteria for "compatibility with habitat plans" and "service to employment areas." 02-26: Update the criteria for evaluating freeway interchange projects and prepare a revised priority ranking for such projects. 02-27: Formulate a ranking system for transit projects and prepare a ranked list of future transit projects. 02-28: Adopt a ranking methodology for evaluating and funding regional transportation projects. 02-29: Develop a ranking methodology for prioritizing funding between alternative transportation mode projects (e.g., arterials vs. highway vs. transit). That each Member Agency of SANDAG: 02-30: Support passage of the San Diego Regional Agency legislation (SB1703 and AB2095). REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding; EPW-10 San Diego County Grand Jury 2001-2002 (May 23, 2002) (2) (b) As to each entity shall (1) (2) (3) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. grand jury recommendation, the responding person or report one of the following actions: The recommendation has been implemented, with a summary regarding the implemented action. The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer of head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 are required by the date indicated from: RESPONDING AGENCY RECOMMENDATIONS San Diego Association of 02-25 through 02-29 Government (SANDAG) Each Member Agency of of SANDAG City of Carlsbad 02-30 DATE 08/21/02 08/21/02 EPW-11 San Diego County Grand Jury 2001-2002 (May 23, 2002) City of Chula Vista City of Coronado City of Del Mar City of El Cajon City of Encinitas City of Escondido City of Imperial Beach City of La Mesa City of Lemon Grove City of National City City of Oceanside City of Poway City of San Diego City of San Marcos City of Santee City of Solana Beach City of Vista County of San Diego EPW-12 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review o the SANDAG February 15, 2002 Transportation Planning Function REVIEW OF THE SANDAG TRANSPORTATION PLANNING FUNCTION TABLE OF CONTENTS Acronyms Executive Summary 1 Introduction and Background 2 Overview of SANDAG Transportation Planning Function 2 Impact of Federal and State Laws 3 Scope and Limitations 4 Methodology Utilized 5 SANDAG Transportation Project Evaluation, Prioritization and Funding Processes 6 Highway Project Evaluation and Prioritization Process 7 Arterial Street Project Evaluation and Prioritization Process 9 Freeway -to -Freeway Interchange Project Evaluation and Prioritization Process 11 Transit Project Evaluation and Prioritization Process 12 Lack of Integrated Multi -Modal Evaluation and Prioritization Process ,13 Discretionary Funding Allocation Process 15 SANDAG Regional Decision -Making Authority 16 Report Distribution 19 Commendation 19 Audit Team 19 Appendix A: Highway Projects Evaluated by SANDAG During 2000 20 EPW-13 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 15, 2002 Transportation Planning Function ACRONYMS Caltrans California Department of Transportation CTAC Cities/County Transportation Advisory Committee CTC California Transportation Commission FHWA Federal Highways Administration FTA Federal Transit Administration HOV High Occupancy Vehicle Interstate IC Interchange JPA Joint Powers Agency ML Managed Lane MPO Metropolitan Planning Organization MTDB Metropolitan Transit Development Board NAFTA North American Free Trade Agreement NCTD North County Transit District RAS Regional Arterial System RSTP Regional Surface Transportation Program RTIP Regional Transportation Improvement Program RTP Regional Transportation Plan SANDAG San Diego Association of Governments SB State Senate Bill SR State Route STIP State Transportation Improvement Program TEA 21 Federal Transportation Equity Act for the 21' Century EPW-14 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review cf the SANDAG Transportation Planning Function February 22.2002 REVIEW OF THE SANDAG TRANSPORTATION PLANNING FUNCTION EXECUTIVE SUMMARY The San Diego Association of Governments (SANDAG) serves as the Metropolitan Planning Organization (MPO) for the San Diego County region. A primary responsibility for SANDAG is to conduct regional transportation planning. The products of that planning effort are short- and long-term regional transportation plans. SANDAG also allocates Federal, State, and local funds to various types of regional transportation projects. As part of its ongoing investigation of the SANDAG transportation planning function, the San Diego County Grand Jury (the Grand Jury), in October 2001, asked the County's Auditor and Controller to provide audit services for a review of specific SANDAG transportation project evaluation and funding processes. The primary objective of the review was to assess the effectiveness of SANDAG processes and procedures used in the identification, evaluation, prioritization, and funding allocation decision -making effort for highway, arterial street, freeway - to -freeway interchange, and transit projects. In addition, the Grand Jury requested an exploration into any existing barriers or limitations that could impede SANDAG's authority to make difficult but critical regional transportation decisions. Our review revealed that SANDAG's regional transportation planning function: • Consistently utilized formal criteria -driven processes to evaluate and prioritize highway, arterial street, and freeway -to -freeway interchange projects in order to make funding recommendations to its Board of Directors. The criteria and scoring methodology used to evaluate and rank these projects are consistent with industry practices and comply with California Transportation Commission requirements; • Has historically relied on the region's two public transit boards, the Metropolitan Transit Development Board (MTDB) and the North County Transit District (NCTD), to identify, evaluate, and nominate regional transit projects for funding consideration and inclusion into the regional planning documents. As such, SANDAG has not developed formal criteria for evaluating and prioritizing transit projects. However, SANDAG is currently working with MTDB and NCTD to develop formal criteria for evaluating and prioritizing transit projects; • Utilized separate processes to evaluate and prioritize highway, arterial street, freeway - to -freeway interchange, and transit projects. This appears to be consistent with industry practices. According to research performed, it is not feasible to develop a single system that combines and ranks all types of projects vis-a-vis each other in terms of funding priorities; • Did not have a formal process for making discretionary funding allocation decisions between various types of transportation projects; and EPW-15 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22, 2002 Transportation Planning Function • May be impeded by a lack of authority to implement transportation projects within the jurisdictions of local governments who oppose such projects. INTRODUCTION AND BACKGROUND The San Diego Association of Governments (SANDAG) serves as the Metropolitan Planning Organization (MPO)1 for the San Diego County region. SANDAG is a Joint Powers Agency (JPA) created under State law and by a formal agreement entered into by each of the local governments in the region. The Association is governed by a Board of Directors comprised of elected representatives from each of the region's 19 local governments.2 Additionally, representatives from other key regional transportation stakeholders sit on the Board as non- voting members.3 SANDAG employs a full-time professional staff to assist and guide the Board of Directors in its deliberative and decision -making process. In fiscal year 2001-2002, SANDAG is operating on a total budget of about $260.4 million of which $251.4 million is allocated to regional transportation planning and implementation efforts. Overview of SANDAG Transportation Planning Function SANDAG is the primary entity responsible for conducting transportation planning for the San Diego County region. Through this function, SANDAG develops short- and long-term regional transportation plans using a variety of methods and processes. These plans are used to identify both current and future transportation needs in terms of project types and costs. Additionally, these plans are used to make programming (i.e., funding) decisions. SANDAG develops several types of planning and programming documents, but the following two are the most relevant for the purposes of this review. • Regional Transportation Plan (RTP) — An RTP is a long-range plan (it must cover at least a 20-year period) developed by an MPO in cooperation with Caltrans and other stakeholders that: provides an assessment of the current modes of transportation and the potential of new travel options in the region; predicts the future needs for travel and goods movement; identifies and documents specific actions required to address regional transportation needs; states public policy decisions made by various stakeholders regarding transportation expenditures and financing; and specifies needed transportation improvements in sufficient detail to develop Federal, State, and regional improvement programs. An RTP must be developed using a public participation process.4 Among other requirements, an RTP must include: a policy element that reflects the transportation goals, policies, and objectives for the region; an action element that identifies programs and actions to implement the RTP; and a financial element that Federal law requires that urban areas with populations exceeding 50,000 establish an MPO to conduct planning activities. SANDAG is one of 16 MPOs operating within California. 2 These include the cities of: Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa. Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach. and Vista as well as the County of San Diego. } These include: Department of Defense, Caltrans, San Diego Unified Port District, Metropolitan Transit Development Board, North County Transit Development Board, San Diego County Water Authority, and the government of Mexico. 4 California Transportation Commission. Regional Transportation Plan Guidelines. December 1999. EPW-16 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review o` the SANDAG February 22, 2002 Transportation Planning Function summarizes the cost of implementing the projects identified in the RTP considering a fiscally constrained environment. State law requires an MPO to adopt and submit an updated RTP to the California Transportation Commission (CTC) 5 for review and approval every three years.e Transportation projects submitted by SANDAG for funding "as part of the State Transportation Improvement Program (STIP) must be included in the RTP (therefore, projects not included in the RTP are not eligible for State funding). • Regional Transportation Improvement Program (RTIP) — The RTIP is a prioritized program for implementing the region's overall strategy for improving the transportation system. The 2000 RTIP developed by SANDAG is a $3.2 billion, four-year program of major transportation projects being implemented in the region during FY2001-2004. The program lists all transportation projects that require Federal, State, and local funding including projects funded by TransNet, the local transportation sales tax program administered by SANDAG. In a nutshell, the RTIP identifies the region's priorities for the funding and implementation of transportation projects. An RTIP must be fiscally constrained meaning funding must be available and committed to projects listed in the plan. Both Federal and Sate laws require SANDAG to develop, update, and adopt an RTIP every two years. SANDAG has established several technical and/or advisory committees to support regional planning processes including the development of the RTP and RTIP. Two of these committees, the Transportation Sub -Committee and the Cities/County Transportation Advisory Committee (CTAC), play key supporting roles for evaluating, prioritizing, and funding regional transportation projects. More specifically, the Transportation Sub -Committee provides advisory support to the SANDAG Board regarding major transportation projects and policy -level matters which include submitting transportation -funding recommendations to the Board for consideration. CTAC, consisting of public works directors and/or engineers from each member government, reviews_ and provides technical advisory services to the Board regarding funding allocations and local projects, including arterial street and interchange transportation projects. Impact of Federal and State Laws Recent Federal and State Taws have significantly enhanced SANDAG's responsibilities for conducting regional transportation planning. Specifically, the Federal Transportation Equity Act for the 21' Century (TEA 21) and State Senate Bill (SB) 45 (Chapter 622 Statutes 1997, Kopp) have significantly increased the authority and responsibilities of an MPO to allocate Federal and State transportation funds. For example, TEA 218 delegated major transportation planning 5 The California Transportation Commission (CTC), consisting of nine voting members appointed by the Governor and two non -voting members appointed by the legislature, is responsible, among other things, for allocating funds for the construction of transportation projects throughout California. 6 SANDAG is currently updating the RTP developed in 2000. The new RTP will cover a 30-year period. 7 Per State law, the CTC is required to adopt a STIP every two years. The STIP must contain all projects, including those identified in regional transportation improvement programs, which require State funding (these funds are distributed through the State Highway Account). g TEA 21 is the successor to the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) enacted in 1991. ISTEA fundamentally altered the manner in which Federal transportation funds could be used. Under ISTEA, Federal funds could be used for the first time to build transportation capital improvement projects other than highway projects. EPW-17 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG Transportation Planning Function u ri 22,2002 decisions to states and MPOs, and provided states and local governments with more discretionary authority for allocating Federal transportation funds. A primary intent of TEA 21 is to enhance the ability of local governments to establish regional transportation systems, increase accountability for regional transportation decisions, and to encourage the development of transportation projects other than highway projects (e.g., public transit projects), which have historically been the target of Federal transportation funds. The goals of SB45 appear to parallel those inherent to TEA 21. For example, SB45 provided MPOs with primary decision -making authority over the majority of the State's transportation funds for new capital improvements. The law requires that 75 percent of dollars available for the biennial STIP be allocated to MPOs for programming projects included in their respective RTIPs.9 Prior to SB45, the majority of State funds were designated for specific types of projects, each possessing their own unique requirements and limitations. SB45 fundamentally altered this approach so that MPOs have more discretionary authority for making funding allocation decisions between different types of transportation projects. Additionally, under SB45 the State cannot modify RTIPs. Instead, the CTC must either accept or reject RTIPs as an entire package.10 Among other changes, the legislation also significantly modified programming cycles (e.g., the RTIP was changed from a six -year to a four-year program). In effect, SB45 greatly increased the role and responsibilities of regional planning agencies within California. As discussed throughout this report, it appears that SANDAG is still developing and/or refining policies and processes in. response to its increased discretionary planning and funding allocation responsibilities resulting from the enactments of TEA 21 and SB45. SCOPE AND LIMITATIONS At the Grand Jury's request," we performed a review of SANDAG's regional transportation planning function to provide the Grand Jury with an analysis of the efficiency and effectiveness of current SANDAG regional transportation planning processes. The primary objective of this review was to assess the effectiveness of SANDAG's processes and procedures used in the identification, evaluation, prioritization, and funding allocation decision -making effort for highway, arterial street, and freeway -to -freeway interchange transportation projects. The review included an assessment of SANDAG's application of these project evaluation and prioritization processes, including an analysis of source documentation, as part of the development of the 2020 RTP and the 1998 RTIP, which was updated in 2000. Additionally, our review monitored these same processes as they are being utilized by SANDAG to develop the 2002 RTIP and the 2030 RTP.12 ° The State uses a funding distribution formula, based on population, road miles. and a north -south equity split, to determine the funding allocation for each county. 0 Prior to SB45, the CTC approved or disapproved projects contained in an RTIP on a case -by -case basis. " As recorded in Grand Jury requests for services submitted to the County of San Diego's Auditor and Controller on September 25, 2001 and October 29, 2001. '' Several Grand Jury members requested that the project scope be expanded from the original request. Dufing an update meeting on November 29, 2001, members of the Grand Jury suggested that the project's scope might be expanded to examine evaluation and prioritization processes utilized by SANDAG for transit projects. Additionally. Grand Jury members requested that the review explore any existing barriers or limitations related to SANDAG's authority to make difficult but necessary regional transportation decisions. While this report contains information EPW-18 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review othe SANDAG February 22, 2002 Transporation Planning Function and analysis regarding each of these topics, it should be noted that they were outside the original scope of the review and, therefore, have not received as thorough an examination as the other areas discussed in this report. EPW-19 San Diego County Grand Jury 2001-2002 (May 23, 2002) .4971ailltRIO APPENDIX A Review of the SANDAG Transportation Planning Function Fe uary 22, 2002 Several project limitations should be noted prior to presenting the results of the review. First, the Audits Division lacked the technical expertise and time required to evaluate and assess the value of individual transportation projects funded by SANDAG during the period reviewed. Second, since developing the regional transportation system involves a plethora of different types of projects, funding sources, and land use issues, and since the regional transportation system has been in development for many years and continues to be developed in an iterative manner, providing a comprehensive assessment of the overall effectiveness of SANDAG's regional transportation planning activities requires a detailed and long-term historical analysis of planning processes and funding allocation decisions. It was not possible to assess the overall long-term effectiveness of regional transportation planning activities by only examining planning processes covering a few recent transportation -funding cycles. Finally, our research revealed that, while formal evaluative and modeling processes utilized to identify and prioritize transportation projects are necessary and useful tools for making and explaining transportation funding allocation decisions, they do not in themselves always identify clear funding priorities. Transportation funding allocation decisions must also, among other things, reflect dynamic regional priorities, reconcile differences between local jurisdictions, ensure a balanced distribution of projects, both in terms of types of projects and the geographical placement of projects, and meet ever changing Federal and State transportation statutes and funding requirements. As such, it appears that there will always be a subjective element associated with transportation funding decisions. Within this decision -making framework, formal, criteria -driven project evaluation processes assist elected representatives from each of the region's local jurisdictions to make what can appear to be political transportation funding decisions, especially since the needs of the region's system greatly surpass available resources. Therefore, it is difficult for a consultant examining the formal project evaluation processes utilized by SANDAG to completely ascertain and explain the adequacy or appropriateness of regional transportation funding and prioritization decisions. Methodology Utilized We implemented a multi -faceted methodology to perform our analysis of the SANDAG transportation funding processes and procedures. The following bullets briefly highlight the methods that were used to perform our review. • Completed high-level review of SANDAG project identification, evaluation, and prioritization process for various transportation projects including highway, arterial street, transit, and freeway -to -freeway interchange projects • Reviewed source documentation related to project evaluation and prioritization processes including: criteria and scoring methodology documentation; policies and procedures; project submittal information; scoring sheets; minutes and related information from SANDAG's Board, SANDAG's Transportation Sub -Committee, and the Cities/County Technical Advisory Committee meetings; and SANDAG's draft and final 2020 RTP and 1998 RTIP (including updates made to the RTIP in 2000) • Conducted multiple interviews with key SANDAG Transportation Planning personnel EPW-20 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22, 2002 Transportation Planning Function • Obtained and reviewed relevant information (policies and regulations, funding requirements, oversight activities, etc.) from the Federal Highways and Transit Administrations (FHWA/FTA), California Transportation Commission (CTC), and Caltrans • Received input from various Federal Highways Administration, California Transportation Commission, and Caltrans District 11 planning personnel regarding the SANDAG 1 Transportation Funding Program through interviews and e-mail correspondence • Obtained input from the North County Transit District (NCTD) including documentation discussing transit project evaluation and prioritization processes used as part of SANDAG's planning process • Reviewed State legislation that had major implications on SANDAG planning processes in terms of funding allocation authority and responsibilities • Reviewed the Regional Government Efficiency Commission and Grand Jury reports discussing SANDAG and/or regional transportation planning issues • Reviewed current SANDAG documentation, plans, and proposals for strengthening its regional decision -making authority • Performed benchmarking and best practice analysis (transportation project evaluation, modeling, and funding practices) SANDAG TRANSPORTATION PROJECT EVALUATION, PRIORITIZATION AND FUNDING PROCESSES The Grand Jury requested the Audits Division to examine and assess.the project evaluation and prioritization processes utilized by SANDAG to make funding recommendations for various project types as well as to ascertain why different evaluative processes are required for each project type. Additionally, the Grand Jury requested a review of the mechanism used by SANDAG to determine discretionary funding priorities for various project types vis-a-vis each other. Finally, the Grand Jury requested that our work include a high-level review of SANDAG's regional decision -making authority including any barriers or limitations regarding the Association's ability to conduct efficient and effective planning. The following information discusses the results of our analysis performed for each of the areas identified by the Grand Jury. EPW-21 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG Transportation Planning Function February 22, 2002 Highway Project Evaluation and Prioritization Process A primary Grand Jury area of concern involved the project evaluation and prioritization processes used by SANDAG to evaluate and prioritize highway projects. Specifically, the Grand Jury wanted to ascertain whether SANDAG consistently used a formal criteria -driven process to identify, evaluate, and prioritize highway projects and, if so, why certain projects changed ranking positions between the draft RTP and the final RTP updated in 2000.73 Our analysis revealed that SANDAG consistently utilized a formal criteria -driven process to evaluate and prioritize highway projects in order to make funding recommendations to the SANDAG Board. It appears that SANDAG first developed formal criteria for highway projects in 1997 in response to implications anticipated from the enactment of SB45 and because the SANDAG Board directed staff to develop a more formal highway project evaluation process. The SANDAG Board has formally approved both the original criteria utilized to evaluate and prioritize highway projects, and all subsequent modifications to the criteria. SANDAG utilizes both quantitative and qualitative criteria to evaluate highway projects. Most of the criteria are data -driven (i:e., quantifiable) including the majority of the qualitative criteria. Such data is obtained through a variety of methods including transportation data collected by Caltrans and local governments, as well as information generated from SANDAG's transportation modeling and forecasting systems. The Transportation Sub -Committee, with the assistance of SANDAG staff, use this data to generate total qualitative, quantitative, and combined scores for each identified highway project and then ranks highway projects vis-a-vis each other based on these combined scores in order to generate a final ranking of projects for funding allocation recommendations. Once completed, the SANDAG Board, during a public meeting, must review and approve the project rankings to be included in the final RTP and RTIP. Our work revealed that SANDAG adhered to this formal criteria -driven process to prioritize highway projects included on the 2020 RTP and 1998 RTIP (updated in 2000). The Board formally approved the final ranking of highway projects generated by this process. Information obtained through best practices research and from expert input revealed that the criteria and scoring methodology utilized by SANDAG for evaluating and ranking highway projects are sound and consistent with industry practices, and are in compliance with CTC requirements. However, there were some changes made to some of the criteria between the draft and final versions of the 2020 RTP that resulted in some confusion among external stakeholders. The Grand Jury expressed concern about changes made to the ranking of highway projects between the draft and final RTPs (see Appendix A at the end of this report for a listing of these projects). Our work confirmed that several projects did change priority positions between the draft and the final 2020 RTP because of modifications made to certain evaluation criteria. Specifically, the Transportation Sub -Committee agreed during its September 2000 meeting to alter the quantitative scoring methodology utilized to evaluate and prioritize highway projects. I' The Grand Jury cited the draft highway project ranking including in the RTP presented by the SANDAG Transportation Subcommittee in April 2000 and the final highway ranking presented to and approved by the SANDAG Board of Directors in November 2000. EPW-22 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22.2002 Transportation Planning Function At that time, the Committee decided to modify the formula that was used to calculate the cost- effectiveness of each project in terms of traffic usage and travel time saved. Specifically, the Committee modified its formula by using the cost to complete a project rather than its total cost. According to SANDAG personnel and meeting minutes, the Committee adopted this change because they thought it would be better to clarify the amount of discretionary funds required to finish each project rather than focusing on each project's total cost. This change was made in part because many projects had already received, or were eligible for, other non -discretionary funds. In short, the Committee believed that the change would enhance its ability to more equitably compare projects for future discretionary funding opportunities. In addition to modifying the calculation methodology for quantitative criteria, our review revealed that the Committee also altered the initial draft qualitative scores for 14 of the 46 highway projects included in the final rankings. For the majority of these projects, the scores for two criteria were altered, including the criteria used to measure the ability of a project to serve major employment areas and to comply with adopted habitat preservation plans. These criteria appear to be more subjective than those that rely on more quantifiable data. Our analysis of the net effect the criteria modifications had on the draft and final rankings revealed that only a few highway projects were significantly impacted in terms of their priority position and, therefore, their likelihood of receiving discretionary funding. That is, only 8 of the 46 projects moved up (3 projects) or down (5 projects) more than four ranking positions due to the criteria changes. Overall, 13 projects benefited from the criteria changes, 21 were negatively effected, and 7 were not affected. Three projects (listed as "AT, V, and O", see Appendix A) received the most benefit from these changes, particularly from the modification made to the cost calculation methodology for quantitative data. Project "AT" benefited the greatest from the modification because the total cost of the project is $200 million, however, the cost to complete the project is only $50 million. The cost to complete this project decreased in part because it is eligible for Federal funds specifically earmarked for border area transportation (NAFTA) projects, which means that fewer discretionary dollars will be needed to complete the project. For those five projects that the criteria change most negatively impacted (in terms of ranking), our analysis revealed that only one of them (Project "C") is likely to receive funding in the near future (but it was likely to be funded anyway without the criteria changes). According to SANDAG planning personnel, the top one-third of highway projects included in the 2020 RTP will most likely be funded near -term, the middle third have a decent chance of being funded sometime in the future, and the bottom third have very little chance of being funded in the foreseeable future. Assuming this funding scenario is accurate,14 Project C will still be funded based on its final ranking position (the project moved from #2 to #8 in terms of ranking priority). The other four projects that were negatively affected did not have a high probability of being funded before the criteria modifications. 14 Verifying this requires a historical analysis of funding allocation decisions made by SANDAG as well as documenting final discretionary funding decisions made for upcoming funding cycles. EPW-23 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22, 2002 Transportation Planning Function While most projects were minimally impacted by changes to the highway project evaluation criteria, we have a couple of somewhat minor concerns with the evaluation and prioritization process that merit consideration, especially regarding any future changes to the criteria. First, while it appears that most criteria are driven by data, scoring processes used for a few of them, such as"the two qualitative criteria cited above, are somewhat subjective. For example, it appears that the initial project scoring for the "compatibility with adopted habitat plans" criterion was determined by one individual at SANDAG, but later, these scores were amended based on input from another SANDAG staff member, and were amended yet a third time for several projects based on public input during the September 2000 Transportation Sub -Committee meeting.15 SANDAG should consider using a more formalized (objective) scoring and review process for these types of criteria to minimize score modifications throughout project evaluation and prioritization processes. And second, SANDAG may need to enhance its activities to inform external stakeholders about any changes to the criteria used to evaluate and prioritize highway projects. A review of meeting minutes revealed that SANDAG consistently discussed and explained the evaluation criteria during Transportation Sub -Committee meetings. However, changes made to criteria late in the process appear to have somewhat diminished those previous efforts to educate the Board and external stakeholders about the criteria being utilized, which results in confusion and questions about the integrity of the project evaluation and prioritization process. Enhancing efforts to educate external stakeholders about criteria being used to evaluate and prioritize all types of transportation projects will be especially important in the future_ since, according to planning personnel, SANDAG plans to continue to modify and re-examine the criteria used to evaluate and prioritize projects for future planning/funding cycles, including current efforts to develop the 2030 RTP. Arterial Street Project Evaluation and Prioritization Process In addition to highway projects, the Grand Jury wanted to ascertain how SANDAG identifies, evaluates, prioritizes, and funds arterial street projects. As is the case with highway projects, our work revealed that SANDAG did utilize a formal process for identifying, evaluating, and prioritizing arterial street projects in order to make funding decisions. SANDAG uses both quantitative and qualitative criteria to evaluate these projects. Many of the criteria are similar to that utilized for highway projects and require similar types of quantitative data. However, arterial street projects are evaluated and prioritized separately from highway projects. The basis for this separation is discussed below. Historically, SANDAG has relied on local governments to identify and nominate arterial street projects for the Regional Arterial System (RAS). Project sponsors were required to submit information for standardized qualitative and quantitative criteria areas that SANDAG developed. Then, SANDAG's Cities/County Technical Advisory Committee (CTAC), with the support,of, SANDAG staff, reviewed the submitted data and generated scores (quantitative and qualitative) and ranking lists. Next, a public meeting(s) was held to discuss various proposed projects, the results of which were used to create a final project priority list. After receiving the approval of 1' It appears that for at least four of these projects, alterations to qualitative criteria resulted at least in part from comments and suggestions made by the San Diego Economic Development Corporation. It appears that the Corporation also suggested and/or supported the decision to modify the cost calculation for quantitative criteria. EPW-24 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review cf the SANDAG February 22, 2002 Transpowtation Planning Function CTAC, the priority list was submitted to the Transportation Sub -Committee for consideration, and eventually to the Board for final approval. EPW-25 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22. 2002. Transportation Planning Function Prior to the enactment of TEA 21 and SB45 (discussed above), local governments generally received specific Federal and State funds for arterial street projects. Therefore, it appears that SANDAG has not been overly involved with funding decisions for regional arterial street projects. In fact, it was not until 1995 that SANDAG solicited arterial project nominations from local governments for funding consideration. It was then that SANDAG, through CTAC, first developed formal criteria for arterial street projects even though it had been determined that no discretionary funds were available for those projects at the time. In 1998, for the first time, SANDAG funded arterial street projects using discretionary Federal Regional Surface Transportation Program (RSTP) funds. A total of 16 projects (out of 78 submitted) were funded. Based on a review of CTAC minutes and source documentation, including project information submitted by local governments and CTAC project scoring information, the process used to make funding recommendations for these projects was somewhat subjective. Specifically, it appears that while formal criteria was utilized for discussion and review purposes, projects were prioritized based on the vote of CTAC members rather than on the cumulative qualitative and quantitative scores. As a result, some projects on the final ranking did not have high quantitative and qualitative scores. For example, the arterial street project ranked #2 on the final priority listing was actually ranked #25 based on formal criteria. Similarly, the project ranked #6 on the final listing was ranked #57 based on the ranking criteria.t6 In 2000, as part of its efforts to update the RTIP, SANDAG modified its process for evaluating and prioritizing arterial street projects. SANDAG's role and responsibilities for funding these projects was expanded based on changes to funding allocation structures resulting from the enactment of TEA 21 and SB45. In effect, SANDAG became more fully responsible for making discretionary funding allocation decisions for regional arterial street projects. While most of the criteria modifications were minimal, it appears that SANDAG utilized a more data -driven approach to prioritize arterial street projects for funding consideration than what had been used in 1998. A review of source documentation regarding this process (e.g., CTAC meeting minutes, proposals, SANDAG review and changes to scoring sheets, etc.) revealed that SANDAG staff conducted an independent analysis of, and frequently made changes to, the original project evaluation information submitted by sponsors." CTAC members reviewed both the initial evaluation documentation submitted by both local governments as well as any modifications made by SANDAG staff to sponsor evaluation information in order to generate final ranking scores for these projects. In the majority of cases, final CTAC priority scores more closely resembled the scores resulting from modifications to project evaluation made by SANDAG planning personnel than they would have based on the initial project evaluation documentation submitted by sponsoring agencies. As such, final rankings and funding priorities recommended by CTAC in 2000 appear to have been more data -driven and, therefore, less subjective than those made in 1998. 16 Owing to project time restraints, no follow-up work was completed to ascertain why there were such variances between criteria -driven scores and the final CTAC recommendations. It is possible that funding (i.e., local match) or other considerations played into these decisions that were not identified in source documentation reviewed. 17 This was a primary area of concern identified by the Grand Jury in its request for audit services (i.e., that SANDAG was not conducting such an analysis and re -ranking of arterial projects submitted by local governments). EPW-26 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22, 2002 Transportation Planning Function However, the amount of discretionary funding that SANDAG made available for arterial street projects appears to be the larger issue, rather than the project evaluation and prioritization process. Apparently, local jurisdictions have made some arguments concerning the lack of sufficient discretionary transportation funds for these projects. A review of documentation revealed that funds for these projects have been limited. In fact, SANDAG's policies state that CTAC "will periodically use" the evaluation and prioritization process for arterial street projects for "programming consideration when funds become available." In 1998, local governments nominated approximately $608 million worth of projects. Of this need, SANDAG was only able to fund approximately $36 million worth in the 1998 RTIP. In response to the funding deficiency, the SANDAG Board recently established a policy that requires 15 percent of future Federal RSTP funds to be set aside specifically for arterial street projects. These funds will be used for projects that have already completed preliminary engineering and environmental requirements, meaning they have a high likelihood of being completed in a timely manner and within budget. In addition, the Board adopted a "use -it -or - lose -it" policy governing funded arterial street projects. Project sponsors must report their project's status and show that progress is being made, or be subject to losing funds. The purpose of this policy is to maximize available dollars by ensuring that funded projects are completed in a timely manner. During 2001, SANDAG invoked this policy and terminated the funding for two arterial street projects. The related funds were subsequently used to fund six alternative projects. In addition to the issue regarding the equity of discretionary funding decisions for various projects vis-a-vis each other, a concern existed regarding SANDAG's apparent reliance on local governments to identify and nominate all arterial street projects. While local government transportation engineers are most likely the ones who identify needed projects, their primary focus is probably on the needs of their respective communities rather than those of the greater regional arterial system. Therefore, it appears that SANDAG did not implement a comprehensive oversight measure to ensure that the most critical arterial street projects are funded regardless of whether they are identified and nominated by local governments. This issue may exist because SANDAG's responsibility for funding the RAS is fairly new. According to planning personnel, SANDAG plans to address this issue as it develops the 2030 RTP. Specifically, SANDAG will be actively reviewing local government land use plans and, in doing so, use modeling and other processes to identify and update needed arterial street projects for the RAS. Freeway -to -Freeway Interchange Project Evaluation and Prioritization Process As with the other types of regional transportation projects, we examined how SANDAG evaluates and prioritizes freeway -to -freeway interchange projects. As is the case with highway and arterial street projects, SANDAG uses a formal criteria -driven evaluation and prioritization process to make funding recommendations for freeway -to -freeway interchange projects. SANDAG developed the process in 1998 as part of its effort, in collaboration with Caltrans, to develop a Freeway to Freeway Interchanges with Missing or Deficient Ramp Connections EPW-27 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22.2002 Transportation Planning Function report.78 The document identified a list of interchanges that were not provided as part of the original freeway construction in the region based on "engineering judgment or design and traffic considerations." In 1998, on the request of the Transportation Sub -Committee, CTAC developed formal qualitative and quantitative criteria for evaluating and prioritizing interchange projects identified by Caltrans and SANDAG. According to planning personnel from both entities, SANDAG worked closely with Caltrans to develop criteria and to identify and prioritize these projects since freeway -to -freeway interchange projects only involve the regional highway system. Local street interchange projects are considered by SANDAG as part of the arterial project evaluation process. During 1998, SANDAG and Caltrans identified four freeway -to -freeway interchange projects as high priorities, and applied both qualitative and quantitative data to evaluate and prioritize them. The Transportation Sub -Committee approved the priority list of interchange projects for future funding consideration. During our review, SANDAG was reviewing and updating both the interchange deficiency report, and the criteria used for evaluating and prioritizing these projects. The updated plan will be included in the 2030 RTP. The update resulted in part because of "an increasing interest in the benefits of providing these missing freeway ramp connectors and the costs involved in constructing them" according to Transportation meeting minutes (December 2001). Changes are being considered for various interchange criteria in order to make them "more consistent" with highway project evaluation criteria. Like arterial street projects, it appears that freeway -to -freeway interchange projects have not been a high funding priority of the SANDAG Board. In fact, as noted above, it appears that these projects received no formal funding consideration until 1998. Transit Project Evaluation and Prioritization Process As with the other three regional transportation project types, our work examined how SANDAG identified, evaluated, prioritized, and programmed transit projects.t9 SANDAG has historically relied on the region's two transit boards, the Metropolitan Transit Development Board (MTDB) and the North County Transit District (NCTD), to identify, evaluate, and nominate regional transit projects for funding consideration and inclusion in the RTP and RTIP. As such, SANDAG has not developed formal criteria for evaluating and prioritizing transit projects. Additionally, unlike its procedures for arterial street projects, SANDAG does not appear to have a formal review process for transit projects submitted by these Boards to ensure they are indeed the most significant transit projects required for the regional transportation system. SANDAG has provided support to both Boards in the form of data generated from its transportation modeling systems to help them with their transit project identification and evaluation activities. According to SANDAG planning personnel, the process SANDAG used in the past to fund transit projects has been effective because it is the Boards' primary 18 SANDAG plans to update this report as part of the 2030 RTP development. 19 As noted in the report introduction, an assessment of SANDAG's transit project evaluation and prioritization process was not identified by the Grand Jury as an area to be included in the original project scope. As such, the area did not receive as substantial a review as other topics discussed within this report. EPW-28 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22, 2002 Transportation Planning Function responsibility to identify transit needs for their jurisdictions. Also, the Boards are the most knowledgeable entities regarding their respective transit systems. However, during our review, SANDAG was implementing a new approach for identifying, evaluating, and prioritizing transit projects for discretionary funding consideration. In fact, the SANDAG Board recently adopted a Regional Transit Vision policy. The policy identifies several evaluation criteria (i.e., passenger potential, system connectivity, existing transit, operating costs, etc.). Additionally, SANDAG was working with MTDB and NCTD to develop more formal criteria for evaluating and prioritizing transit projects. SANDAG expects to include specific guidelines related to evaluating and funding transit projects in the 2030 RTP. A possible area of concern regarding transit planning processes concerns how the SANDAG Board has made discretionary funding allocation decisions for regional transit projects in the past without utilizing a formal project evaluation and prioritization process. While reliance on the MTBD and NCTD to identify and propose transit projects certainly has merit, those boards have transit needs and priorities specific to the geographic regions they represent. Therefore, it is possible that transit projects that are critical to the entire regional transportation system may not become a high priority by either board, and as a result not be funded by SANDAG. The more formal criteria -driven project evaluation processes being developed collaboratively between SANDAG and these boards might alleviate this concern. Lack of Integrated Multi -Modal Evaluation and Prioritization Process As part of the review, the Grand Jury sought to determine why the criteria and processes used by SANDAG to evaluate, prioritize, and fund transportation projects vary depending on the type of project, i.e., highway, freeway -to -freeway interchange, arterial street, and transit projects. As discussed throughout this document, SANDAG utilizes separate processes to evaluate and prioritize those projects. This appears to be consistent with industry practices. According to the research we performed, including several discussions with FHWA, Caltrans, and SANDAG transportation planning personnel, it is not feasible to develop a single system that combines and ranks all types of projects in terms of funding priorities. According to these experts, the primary reason this cannot be accomplished is that different project types have different goals,. costs, and uses. For example, highways are generally designed to move large amounts of people and goods over long distances. Arterial street projects usually serve specific communities. Transit projects serve a different population than highway projects. Because each project type has unique purposes and costs, separate criteria and evaluation processes are needed to assess the value of potential individual projects in relation to other projects as they relate to the specific goals of the project type. If all types of projects were evaluated and prioritized using one set of criteria, it is likely that certain project types would. always emerge as needing the highest funding priority. For example, if the primary evaluation criteria were focused on selected projects that move the most people at the least cost throughout the region (cost-effectiveness), highway projects would probably receive a 'higher funding priority than transit and arterial street projects. Since any criteria utilized to rank all project types would most likely result in an unbalanced ranking of projects, it appears'that it would be very difficult to obtain consensus among policymakers (i.e., SANDAG members) as to what the evaluation criteria should be. EPW-29 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG February 22, 2002 Transportation Planning Function One limitation resulting from the inability to implement a single evaluative system that combines and ranks all types of projects against each other in terms of funding priorities, is that SANDAG lacks a process that allows for the evaluation and prioritization of projects that include different types of transportation components (e.g., arterial streets, interchanges, etc.). SANDAG, using its current project evaluation processes, could not easily evaluate and prioritize a project nominated by a member for the development of an arterial street and a freeway -to -freeway interchange as a single project. Instead, the project would need to first be broken apart into individual project types and then be evaluated using the various project evaluation processes described throughout this report. For example, the North County Parkways Plan (project) contains multiple components and involves several north County jurisdictions. If this project were to be formally nominated by a member organization to SANDAG for consideration (which would require the endorsement of all affected jurisdictions), it would be difficult for SANDAG to evaluate and prioritize the project as a whole using its current project evaluation and prioritization structure. According to SANDAG personnel, member organizations rarely nominate projects that include different types of projects and that affect multiple jurisdictions. While there is no single system that combines and ranks all types of projects against each other in terms of funding priorities, our research revealed that many transportation planning organizations, including SANDAG, use computer -generated modeling to identify possible funding alternatives/scenarios for funding and constructing various types of transportation projects within the regionaltransportation system. In fact, SANDAG heavily relied on modeling to make funding recommendations even before the implementation of formal criteria -driven project evaluation processes. While modeling does not identify prioritized funding needs, it does provide useful information and scenarios that can be used by policymakers to make difficult funding allocation decisions. Simply put, SANDAG utilizes computer representations of traffic flow patterns using actual data as well as forecasted data to determine the current and future needs of the regional transportation system. As part of the modeling process, SANDAG relies on land use information provided by local governments to determine where future development is planned. This data is combined with historical travel data to determine current and future high congestion areas and traffic "bottlenecks" existing within the region.20 Once modeling has identified current and future congestion areas within the region, different scenarios/transportation projects can be added to and subtracted from models to assess their impact in terms of cost, effectiveness, and environmental impact. Modeling is an iterative process that can result in a plethora of funding options and alternatives. For the upcoming 2030 RTP, SANDAG planning personnel are going to provide the Board with a variety of possible transportation models to help them make funding allocation decisions. Each model will emphasize heavily funding specific types of projects vis-a-vis other types of projects, e.g., one model will be based on funding highway projects, another transit projects, etc. Most likely, the final model/plan adopted by the Board will be a mutated version of several of these models and will include all types of transportation projects. 20 Information pertaining to the actual modeling process including a description of its methodology, calculations, and the data used is too complex and lengthy for the purpose of this review. EPW-30 San Diego County Grand Jury 2001-2002 (May 23, 2002) Review of the SANDAG APPENDIX A Transportation Planning Function February 22, 2002 Discretionary Funding Allocation Process In addition to determining whether SANDAG consistently adheres to formal evaluation and prioritization processes for various projects, the Grand Jury requested an assessment regarding how SANDAG determines funding priorities for various projects (highway, arterial street, and freeway -to -freeway interchanges), i.e., how SANDAG ensures that the highest regional priorities are met regardless of project type. Our research results suggest that ensuring discretionary transportation funds are effectively allocated between various transportation projects in a balanced manner is a very difficult challenge facing regional planning organizations. This issue is exacerbated by the fact that demand for discretionary transportation funds for all transportation projects greatly surpass available resources. SANDAG is no exception to this general rule. types of SANDAG does not have a formal system for making discretionary funding allocation decisions between various transportation projects. Similarly, SANDAG does not have a formal funds distribution formula for allocating discretionary transportation funds between different areas/municipalities within the region. While some for specific projects or are distributed geographically types ding topformtulas(eg., TransNet funds are earmarked funds), discretionary dollars allocated by SANDAG are not governed by such requirements. As such, the formal criteria -driven project evaluation processes and sophisticated transportation modeling processes utilized by SANDAG help to drive discretionary funding decisions but do not actually make them. Ultimately, it is a political body, i.e., the SANDAG Board, who determines how to allocate discretionary transportation dollars within the region. Since demand for discretionary funds eclipse available resources, discretionary funding decisions reflect SANDAG Board policy and direction. In the past, it appears Board has primarily focused on funding highway that the wANDAG noted earlier, the Board has recently adopted a policy emphasizing the development of public transit within the region. This policy should be reflected in discretionary funds. However, as decisions made by the Board in upcoming funding cycles. rY funding allocation It appears that SANDAG is still adapting to its enhanced funding allocation authority and responsibility resulting from the enactment of TEA 21 and SB45. As noted in the report's introduction, these statutes provided SANDAG with much greater decision -making authority for discretionary funds. In effect, it appears that changes resulting from this legislation provided regional planning organizations with a much larger role in the development of regional transportation systems. Therefore, SANDAG must now identify, evaluate, and prioritize a greater number of projects than in the past and take greater responsibility for developing arterial street and transit projects within the region. San Diego County Grand Jury 2001-2002 (May 23, 2002) EPW-31 Review of the SANDAG APPENDIX A. Transportation Planning Function February 22, 2002 SANDAG REGIONAL DECISION -MAKING AUTHORITY The Grand Jury also expressed significant concern regarding SANDAG's ability to conduct meaningful regional transportation planning (including the ability to nominate, evaluate, prioritize, and/or authorize the construction of various transportation projects). In effect, the Grand Jury wanted to know whether SANDAG has sufficient authority to make and implement difficult, yet important decisions related to the development of the regional transportation system. Despite SANDAG's enhanced discretionary funding authority resulting from changes to Federal and State laws, it appeared, at least from the Grand Jury's perspective, that SANDAG still faced a major barrier that limited its ability to perform comprehensive regional transportation planning. Several sources indicated that SANDAG's regional planning authority was impeded by local government jurisdictions who oppose projects even if SANDAG considers the projects to be in the best interest of the regional transportation system. It appears that the primary factors related to this issue concern local land use authority and the governing structure of SANDAG. More specifically, State law empowers individual local governments to conduct and determine land use planning within their jurisdictions. In effect, local governments have the final say regarding what is and is not developed within their jurisdictions. Therefore, by law, SANDAG has no authority to implement regional transportation projects within jurisdictions that oppose such projects. As a result of local land use statutory _ restrictions affecting its regional planning decision -making authority, SANDAG is severely limited in its ability to nominate, evaluate, and fund regional transportation projects that include multiple components and that cross multiple jurisdictions. In addition, it is difficult for any member entity to nominate regional transportation projects that impact other jurisdictions without the support of those jurisdictions. For example, as noted previously, the North County Parkways Plan (project) contains multiple components and affects several jurisdictions. Without the support of each affected jurisdiction, the project cannot even be submitted to SANDAG by a member entity or nominated by SANDAG itself for funding consideration and yet, the project or other types of regional projects that affect multiple jurisdictions may be effective and necessary approaches for addressing the region's transportation needs. In addition, SANDAG's governing structure may impede its ability to conduct effective regional planning. Specifically, as noted in the introduction, SANDAG is a JPA. As such, member organizations participate with SANDAG on a voluntary basis. There is no law that requires them to participate in SANDAG regional transportation planning processes. As a result, member organizations do not have to support or implement regional transportation projects promoted by SANDAG.21 In addition to land use authority and governing structure issues, concerns existed that the efficiency and effectiveness of regional transportation planning is severely hampered by the large number of entities involved with transportation infrastructure issues within the County and the apparent lack of coordination between them.' For example, the State legislature adopted SB329 (Chapter 764, Statutes 2000, Peace) that established a San Diego Regional 22 21 See California Government Code. Sections 6500-6530 for statutory provisions related to JPA entities. The County of San Diego Grand Jury concluded that there are a multitude of agencies involved with transportation planning in the region and that better coordination between them is warranted. See Grand Jury Final Report. Transportation in San Diego County. 2000/2001 Grand Jury Reports. San Diego Gounfy Grand Jury 2001-2002 (May 23, 2004 EPW-32 Review of the SANDAG APPENDIX A Transportation Planning Function February 22, 2002 Government Efficiency Commission to study the issue and present a plan "for the consolidation of regional agencies within the San Diego region." The statute states "problems facing the San Diego region include linking land use to transportation" and that "there is a need to improve coordination or restructure the governance of regional agencies." The subsequent Commission report23 recommended creating a Regional Transportation Agency by merging SANDAG with the two regional transit boards (MTDB and NCTD) for transportation planning purposes. Also, the Commission recommended State legislation to mandate the coordination of various regionally oriented agencies "to collaborate and coordinate their planning and operations with other agencies." The legislature has not yet taken any action on these recommendations. For its part, SANDAG acknowledges that limitations and barriers exist regarding its ability to conduct effective and efficient regional transportation planning. In fact, during our review, SANDAG had an Ad Hoc Working Group, comprised of elected officials, that was examining possible methods for strengthening the Association's regional decision -making authority. As of January 2002, the Ad Hoc Working Group had generated a multi -pronged approach for strengthening SANDAG's ability to conduct effective and efficient regional planning. The following briefly highlights the approach developed by the Ad Hoc Group. • Development of a Comprehensive Regional Plan - While SANDAG has been developing Regional Transportation Plans for years, the Ad Hoc Group determined that these plans need to be better connected with other land use plans developed for the region by other entities. The regional plan would be based on baseline land use information generated by all of the region's jurisdictions including the land use plans of each of the 18 cities in the region. This will, for the first time, clearly identify all of the regional needs as well as show areas of overlap and gaps. Also, such a plan will, for the first time, clearly illustrate how the jurisdictions of various SANDAG members are affected by the actions of other members (most planning today is conducted in individual silos). The plan will also identify ways that SANDAG can help to connect and address issues between individual jurisdictions. Further, the plan will be utilized to develop an economic needs assessment and financial plan for addressing regional needs. The Group believes that developing such plans will give the region more clout as it tries to secure Federal and State funding. • Implement a Vote Override Process - The Ad Hoc Group purports that the SANDAG Board must have the ability to approve and implement transportation projects even if unpopular with some member entities. As such, the Group is proposing an override process where the Board can override the votes of individual members. SANDAG will. develop criteria to establish when the override process can be used and what the procedure will be for utilizing the override process. The process will most likely be a tiered system that includes an initial mediation process. Should other mechanisms fail to sway various jurisdictions, SANDAG will probably adopt a two-thirds voting procedure for overriding individual member votes (e.g., if two-thirds of the Board concurs the decision is approved). 23 San Diego Regional Government Efficiency Commission. Continuing Our Excellence: Choices for Yet a Better Future. August 2001. t San Diego County Grand Jury 2001-2002 (May 23, 2002) EPW-33 Review of the SANDAG February 22, 2002 Transportation Planning Function APPENDIX A SANDAG would identify resources and plans for completing any projects approved through the override process so that local jurisdictions would not be forced to accept the costs and responsibilities for these projects (i.e., unfunded mandates). In other words, SANDAG would be responsible for implementing these projects rather than individual 'jurisdictions. In order to adopt such an override policy, SANDAG requires greater land use authority including the right of imminent domain, condemnation authority, etc. This authority can only be provided through legislation.24 • Establish SANDAG as a Legislated Entity — SANDAG is working with Senator Peace to produce legislation that will create SANDAG as a legislated entity (as opposed to its current status as a JPA) that would require jurisdictions within the region to fully participate in SANDAG regional transportation planning processes and to implement SANDAG decisions. This type of legislation would also offer SANDAG some permanency as a regional planning agency. • Consolidate Regional Planning Organizations — The Ad Hoc Group is interested in consolidating various planning functions under the SANDAG umbrella. There are currently two transit agencies, SANDAG, 18 city planning shops, and Caltrans, all of which are involved in various aspects of regional transportation planning including three separate policy boards (NCTD, MTDB, and SANDAG). Each board has a different set of priorities and directions. Additionally, Caltrans has its own decision -making entities. As such, Senator Peace and SANDAG would like to place regional transportation planning responsibilities under one policy board within one regional planning agency. Also, SANDAG would like to "devolve" certain State planning functions and responsibility from Caltrans. Finally, the Ad Hoc Group would like to include Imperial County within the regional planning agency in order to consolidate all border -related transportation planning within one jurisdiction. As of the end of fieldwork, the SANDAG Board had not formally approved the Ad Hoc Group's proposal. However, it appears that the SANDAG Board will continue to pursue methods to strengthen its regional transportation planning authority.25 24 Based on commentary made by Senator Peace during a SANDAG Policy Board meeting held on 1/11/02, he will introduce any legislation proposed by SANDAG to strengthen its ability to conduct effective regional transportation Flaming. -5 Owing to the scope limitations discussed in the report, detailed audit work was not performed to assess the beneficial and/or negative aspects of the changes being proposed by the SANDAG Ad Hoc Group or to determine alternative approaches for strengthening SANDAG's ability to perform regional transportation planning. EPW-34 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review cf the SANDAG February 22, 2002 Transportation Planning Function REPORT DISTRIBUTION This report is intended solely for the information of the San Diego County Grand Jury. Further distribution of this report is up to the discretion of the Grand Jury. COMMENDATION The courtesies and cooperation extended by SANDAG's managers and staff were commend- able and sincerely appreciated. AUDIT TEAM Garland Blackwell, Audits Manager Kip Memmott, Senior Performance Auditor EPW-35 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review of the SANDAG Transportation Planning Function APPENDIX A February 22, 2002 HIGHWAY PROJECTS EVALUATED BY SANDAG DURING 2000 (AS PART OF 2020 RTP DEVELOPMENT) Project Code Route Limits Miles Description A 1-5 SR54 to SR15 2.8 Widen B 1-5 1-8 to 1-805 (N) 10.6 HOV Lanes C 1-5 Del Mar Heights Blvd. to Birmingham Drive 5.7 Widen + HOV Lanes D 1-5 Birmingham Drive to La Costa Ave. 4.2 Widen + HOV Lanes E 1-5 La Costa Ave. to Palomar Airport Rd. 3.0 Widen + HOV Lanes F 1-5 Palomar Airport Rd. to Vandergrift BI. 7.4 Widen + HOV Lanes G 1-5 Vandergrift BI. to Palomar Airport Rd. 18.0 HOV Lanes H 1-8 1-5 to SR163 2.4 Widen + IC I 1-8 SR67 to Los Coches Rd. 4.2 Widen J SR11 SR905 to Otay Mesa East Border Crossing 2.7 New Freeway K SR15 Oceanview BI. to SR94 1.6 Widen L SR15/I-15 SR94 to SR163 9.9 HOV Lanes M 1-15 1-8 to Friars Rd. 0.7 Braid Ramps N 1-15 SR163 to SR56 7.4 ML Lanes 0 1-15 SR56 to Centre City Pkwy. 8.2 ML Lanes P 1-15 Centre City Pkwy. to SR78 3.9 ML Lanes Q SR52 1-5 to 1-805 3.4 Widen R SR52 1-805 to 1-15 3.6 HOV Lanes S SR52 1-15 to Mast BI. 5.8 Widen Freeway Widen T SR52 Mast BI. to 1.9 EPW-36 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX A Review cf the SANDAL Transportation Planning Function February 22, 2002 Project Code Route Urn Description SR125 U SR52 1-15 to SR125 7.6 HOV Lanes V SR52 SR125 to SR67 2.5 New Freeway W SR52 SR125 to SR67 2.5 Widen X SR54 1-805 to SR125(W) 3.5 Widen Y SR54 SR125(N) to SR94 4.3 New Expressway Z SR54 SR94 to 1-8 5.3 New Expressway AA SR56 1-5 to 1-15 9.2 Widen AB SR67 1-8 to SR52 2.0 Widen AC SR67 SR52 to Mapleview St. 3.7 Widen AD SR67 Mapleview St. to Vigilante Rd. 3.8 Widen Conv. Freeway AE SR76 1-5 to N. Sante Fe Ave. 6.7 Widen Conv. Freeway Widen Conv. Freeway AF SR76 Jeffries Ranch Rd. to Mission Rd. 4.2 AG SR76 Mission Rd. to 1-15 4.9 Widen Cony. Freeway HOV Lanes AH SR94 I-5 to SR15 1.8 Al SR94 SR125 to Avocado Rd. 2.9 Widen AJ SR94 Avocado Rd. to Millar Ranch Rd. 1.4 New Freeway AK SR125 SR54(S) to SR94 5.2 HOV Lanes AL SR125 SR94 to 1-8 1.2 Widen AM SR125 1-8 to SR52 4.3 HOV Lanes AN SR125 SR52 to Poway Rd. 10.1 New Expressway HOV Lanes AO 1-805 SR905 to SR54 7.0 AP 1-805 SR54 to SR94 4.1 HOV Lanes AQ 1-805 SR94 to 1-8 3.0 HOV Lanes,. AR 1-805 1-8 to SR52 6.6 HOV Lanes AS 1-805 SR52 to 1-5 4.5 HOV Lanes AT SR905 E. 1-805 to Otay Mesa Border Crossing 6.8 New Freeway EPW-37 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX B Cannon Road built by Oceanside to the Carlsbad city limit. Area beyond has been designated by Carlsbad as a 1,200-acre nature preserve. Melrose Boulevard built by Vista to the Carlsbad city limit. EPW- 38 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX B College Boulevard blocked by Carlsbad at the Oceanside city limit (looking south toward Carlsbad). College Boulevard blocked by Carlsbad at the Oceanside city limit (looking north toward Oceanside). EPW- 39 San Diego County Grand Jury 2001-2002 (May 23, 2002) APPENDIX B Melrose Drive currently stops at the boundary between Vista and Carlsbad and resumes after Palomar Airport Road. EPW- 40 San Diego County Grand Jury 2001-2002 (May 23. 2002) City of National City, California *Refer to Item #2 COUNCIL AGENDA STATEMENT MEETING DATE October 1, 2002 AGENDA ITEM NO. 16 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 OF THE MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA FOR AUTOMOBILE SALES LOTS AND AUTOMOBILE AND TRUCK REPAIR ESTABLISHMENTS (CASE FILE NO. 1 200001� ENT PREPARED BY DEPARSteve Ray// Planning Department EXPLANATION The amendment is described in a separate agenda statement for a public hearing. In anticipation of Council approval after conducting the hearing, the attached ordinance has been drafted. Environmental Review X NSA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1� Adopt the proposed ordinance. i#4\ BOARD I COMMISSION RECOMMENDATION The Planning Commission recommended approval of the proposed Code changes. Vote: Ayes - Valderrama, Flores, Parra, Baca, Reynolds, Graham; Nays - Ungab ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9:99) ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA - FOR AUTOMOBILE SALES LOTS AND AUTOMOBTF F AND TRUCK REPAIR ESTABLISHMENTS APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. A 2001-1 BE IT ORDAINED that the City Council of the City of National City, California does hereby ordain as follows: Section 1. That Appendix D of the Land Use Code be amended as follows: • Replace "Tobacco Shop" with "Tobacco Specialty Shop", a Typical Permitted Use in Use Groups 17 and 18. Section 2. That Section 18.16.196 be added to the Land Use Code to read as follows: 18.16.196 Tobacco Specialty Shop. "Tobacco Specialty Shop" means any business, the primary use of which is the sale of tobacco products or tobacco related paraphernalia_ A business shall be determined a tobacco specialty shop when more than 40 percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. Section 3. That Section 18.16.197 be added to the Land Use Code to read as follows: 18.16.197 Distance requirement for Tobacco Specialty Shops. A. "Tobacco Specialty Shop", where permitted pursuant to Appendix D of the Land Use Code, shall not be located within 1000 feet of any school, playground; recreation center or facility, childcare center or library in the City of National City. B. A use lawfully existing on the effective date of this section which is rendered nonconforming by the provisions of this section may be continued for a period of not more than five (5) years from said effective date, and shall thereafter be terminated, provided that: 1. The use shall not be extended or expanded either on the same or adjoining property. 2. If the use existing at the time this section takes effect is thereafter discontinued for six (6) months or more, any future use of the property shall conform with the provisions' of this section. C. The owner or operator of a use rendered nonconforming by the provisions of this section may apply :to the city council for an extension of the time upon which said use must be terminated. The application for extension shall be governed by the hearing and notice provisions of Chapter 18.130. The city council, after conducting a public hearing may, by resolution, deny the extension or grant an extension equal to or less than applied for, when it concludes that the Ordinance No. 2002 — 'Page 2 strict application of the provisions of this section would be unreasonable as to a particular use, that strict application of the provisions of this section would create a hardship upon the owner or operator which was not brought about by an act of the owner or operator, and the hardship resulting from strict application of the provisions of this section outweighs any detriment to the public caused by granting an extension of time. In making a determination as to granting or denying extensions of time, the city council shall consider any evidence presented as to the following matters, but not limited thereto: 1. Age, condition and physical characteristics of the use; 2. Location; 3. Remaining economic life; 4. Depreciation treatment for income tax purposes; 5. Investment in use; 6. Monopoly or advantage resulting from fact that similar new uses are prohibited; 7. Cost to discontinue use. D. A copy of the resolution made by the city council under subsection C shall be mailed to the applicant. E. The decision of the city council upon an application for extension of time shall be final Section 4. That Section 18.16.209 be added to read as follows: 18.16.209 Automobile and truck repair service establishments. Automobile and truck repair service establishments shall have a minimum lot area of seven thousand five hundred square feet. Section 5. That Section 18.18.114 be added to read as follows: 18.18.114 Automobile sales lots. Lots used for the sale of automobiles,, trucks, recreational vehicles or other similar vehicles shall have a minimum of ten thousand square feet. Section 6. That the City Council finds that the proposed Code Amendment, which addresses tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments, is consistent with the City's General Plan for the following reasons: • Distance requirements for tobacco specialty shops will limit this use from locating near schools, libraries, parks, recreational facilities and child care centers, with which it is incompatible, and General Plan policy calls for careful review of uses which may not be compatible with adjoining areas. Ordinance No. 2002 — Page 3 • The provision for termination of a lawfully established tobacco specialty store which becomes nonconforming on the effective date of this Ordinance carries out General Plan policythat encourages the removal or relocation of uses that are incompatible with surrounding properties. • Minimum area requirements for automobile sales lots in the Manufacturing Zones and for automobile and truck repair establishments in the Commercial Zones is consistent with the same requirenitents for the uses where allowed in other Zones and needed to ensure adequate area for on -site parking and storage of vehicles, and the standards need to apply to the specific use rather than solely to the Zone they are located in, in order to avoid potentially negative effects on adjoining areas. The proposed changes are consistent with General Plan's Economic Development policies to encourage standards that support compatibility with adjacent land uses and strengthening of the overall business environment. Section 7. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will not modify any zoning designations and will not result in an increase of intensity of use for any property. PASSED and ADOPTED this day of , 2002. Al _LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor City of National City,California SECOND READING COUNCIL AGENDA TATEMENT *Refer to Item #1 ' MEETING DATE October 1, 2002 17 AGENDA ITEM NO. 1-ITEM TITL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING 1'HE CALIF RNIA 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. 7 J% _ PREPARED Y 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 Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board at its September 23, 2002 meeting recommended that the City Council adopt the California Mechanical Code. ATTACHMENTS ( Listed Below) Resolution No. Ordinance Advisory and Appeals Board Resolution A-200 (9/80) 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 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, 200 lEdition, 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 shall 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 pennittee 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. 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. CO 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 pennittee 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 George H. Waters, Mayor 5 Mechanical Code Ordinance - 2002 RESOLUTION 02-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES I AND II OF THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA ELECTRICAL CODE, THE 2001 CALIFORNIA MECHANICAL CODE AND THE 2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002 after iroper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 2001 Edition of the Califnornia Building Code, the 2001 California Plumbing Code, the 2001California Mechanical Code, the 2001 California Electrical Code, the 2000 Uniform Swimming Pool, Spa and Hot Tub Code and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BEST RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001 California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 23' day of September 2002. ATTEST: Kathln S. Trees Director of Building and Safety S TO FORM: R olf Hradecky Senior Assistant City Attorney uke, Chairman City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 1, 2002 SECOND READING *Refer to Item #1 AGENDA ITEM NO. 18 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CAL1I UKNIA 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 DEPARTMENT Kathleen Trees, Director Building and Safety EXPLANATION 7da-% 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 y N/A Financial Statement Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD I COMMISSION RECOMMENDATION The Advisory and Appeals Board at its September 23, 2002 meeting recommended that the City Council adopt the California Electrical Code. ATTACHMENTS ( Listed Below ) Staff report Ordinance Advisory and Appeals Board Resolution A-200 (9/80) Resolution No. 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-Z161 and Chapter-15.24 of the National City Municipal Code, to read as follows: CHAP 1ER 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 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 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. I 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 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: 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: George H. Eiser, III, City Attorney George H. Waters, Mayor 5 Electrical Code Ordinance-2002 RESOLUTION 02-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES I AND II OF THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA ELECTRICAL CODE, THE 2001 CALIFORNIA MECHANICAL CODE AND THE 2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002 after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 2001 Edition of the Califnornia Building Code, the 2001 California Plumbing Code, the 2001California Mechanical Code, the 2001 California Electrical Code, the 2000 Uniform Swimming Pool, Spa and Hot Tub Code and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001 California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 23rd day of September 2002. uke, Chairman ATTEST: Kathln S. Trees Director of Building and Safety Rudolf Hravdecky Senior Assistant City Attorney eC/° City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 1, 2002 SECOND READING *Refer to Item #1 AGENDA ITEM NO. 19 ITEM TITLE 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. PREPARED BY Kathleen Trees, Direct 2t .PPS EXPLANATION State law requires that the City of National City adopt the California Plumbing Code and limit teclnical 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. DEPARTMENT Building and Safety The 2001 California Plumbing code has not changed significantly from the 1998 California Plumbing Code. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board at its September 23, 2002 meeting recommended that the City Council adopt the California Plumbing Code. ATTACHMENTS ( Listed Below ) Ordinance Advisory and Appeals Board Resolution Resolution No. A-200 (9/80) 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 "Minimum 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 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. 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 ADOP 1'bD this day of , 2002. ATTEST: Michael Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 5 Plumbing Code Ordinance - 2002 RESOLUTION 02-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES I AND II OF THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA ELECTRICAL CODE, THE 2001 CALIFORNIA MECHANICAL CODE AND THE 2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002 after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 2001 Edition of the Califnornia Building Code, the 2001 California Plumbing Code, the 2001California Mechanical Code, the 2001 California Electrical Code, the 2000 Uniform Swimming Pool, Spa and Hot Tub Code and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001 California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 23rd day of September 2002. ATTEST: Kathln S. Trees Director of Building and Safety S ,TO' FORM: dolf Hradecky Senior Assistant City Attorney Ra uke, Chairman City of National City, California SECOND READING COUNCIL AGENDA STATEMENT *Refer to Item #1 MEETING DATE October 1, 2002 20 AGENDA ITEM NO. ITEM TITLEAN 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 (DIVISION III); PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 99-2157 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY Kathleen Trees, Director DMENT Building and Safety 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 Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board at its September 23, 2002 meeting recommended that the City Council adopt the California Building Code. ATTACHMENTS ( Listed Below ) Staff report Ordinance Advisory and Appeals Board Resolution Resolution No. A-200 (9/80) 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. Durii4g 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 Section 3403.5 "Historical Buildings" --Amended Appendix Chapters --Not Adopted f 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 exist 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: 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; (() 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: 107.2 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. 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 tof 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 reinspection. 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 permittee 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 RESOLUTION 02-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES I AND II OF THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA ELECTRICAL CODE, THE 2001 CALIFORNIA MECHANICAL CODE AND THE 2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002 after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 2001 Edition of the Califnornia Building Code, the 2001 California Plumbing Code, the 2001California Mechanical Code, the 2001 California Electrical Code, the 2000 Uniform Swimming Pool, Spa and Hot Tub Code and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001 California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 23rd day of September 2002. uke, Chairman ATTEST Kathlln S. Trees Director of Building and Safety APROV R olf Hradecky FORM: --------"c Senior Assistant City Attorney MEETING DATE October 1, 2002 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING *Refer to Item #1 21 AGENDA ITEM NO. / 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 Kathleen Trees, Dire for DEPARTMENT Building and Safety EXPLANATION 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 Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board at its September 23, 2002 meeting recommended that the City Council adopt the Uniform Swimming Pool, Spa and Hot Tub Code. ATTACHMENTS ( Listed Below ) Ordinance Advisory and Appeals Board Resolution Resolution No. A-200 (9/80) follows: 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 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 "Dthities 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. . lees. Every applicant for a permit to install, remove, alter, repair or rep`ace or cause to be installed, 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 swinuning 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 RESOLUTION 02-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES I AND II OF THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA ELECTRICAL CODE, THE 2001 CALIFORNIA MECHANICAL CODE AND THE 2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002 after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 2001 Edition of the Califnornia Building Code, the 2001 California Plumbing Code, the 2001California Mechanical Code, the 2001 California Electrical Code, the 2000 Uniform Swimming Pool, Spa and Hot Tub Code and Title 15 of the National City Municipal Code,. which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 2001 California Building Code, the 2001 California Plumbing Code, the 2001, California Electrical Code, the 2001 California Mechanical Code, and the 2000 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 23rd day of September 2002. uke, Chairman ATTEST: g�Lz12c Kathl€n S. Trees Director of Building and Safety '4*. APPROV P S T • FORM: R olf Hradecky Senior Assistant City Attorney City of National City, California COUNCIL AGENDA STATEMENT SECOND READING *Refer to Item #1 22 'MEETING DATE 10/01/02 AGENDA ITEM NO. 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 Donald Condon, ) DEPARTMENT Fire Battalion Chief EXPLANATION (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. ('Environmental Review X NIA Financial Statement N/A %TAFF RECOMMENDATION Adoption of the Ordinance. Account No. BOARD I COMMISSION RECOMMENDATION The Advisory and Appeals Board, at its September 23, 2002 meeting, recommended that the City Council adopt the California Fire Code, 2001 edition with amendments. ATTACHMENTS ( Listed Below) Resolution No. 1. Ordinance. 2. Advisory and Appeals Board Resolution. A-200 (9/80) ORDINANCE NO. 02 - 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, PRESCRIGING 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 THEREFOR 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: Section: 15.28.002 15.28.010 CHAPTER 15.28 CALIFORNIA FIRE CODE Findings and declarations California Fire Code, 2001 Edition and the Uniform Fire Code Standards, 2000 Edition adopted Fire Code Ordinance 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 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 (I) copy of this adopted code is on file in the Office of the 2 Fire Code Ordinance 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. 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 Grou 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 uses 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. Fire Code Ordinance 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. 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 Chiefs 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 rpm) in height with a stroke of not less the 3/4 inch (19 mm). The word "EXIT" shall have letters having a 4 Fire Code Ordinance 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. 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 DI -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 1, 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: MII; Heavy Manufacturing, MT: Tidelands Manufacturing as established by the National City Land Use Code. 5 Fire Code Ordinance 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: 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. lLis 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 6 Fire Code Ordinance remaining portions, then it may be so served or construed so as to carry out the purpose and intent of this code. 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. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 7 Fire Code Ordinance RESOLUTION 02-1 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF THE 2001 CALIFORNIA FIRE CODE VOLUME 1 AND CERTAIN AMENDMENTS TO TITLE 15.28 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of September 23, 2002, after proper notification, conducted a hearing to consider the recommended amendments to the 2001 California Fire Code Volume 1, and certain amendments to Title 15.28 of the National City Municipal Code, which are utilized by the Engineering Department; and WHEREAS, the technical amendments are necessary due to the uniqueness of the local climate, topography and geography; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED and ADOPTED the 23rd day of September 2002. ATTEST: Don Condon,; Fire Marshal FORM: APPROVE Rudolph radecky, Senior Assistant City Att>trney ..IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 1, 2002 AGENDA ITEM NO. 23 I ITEM TITLE REPORT ON IMPLEMENTATION OF THE GENERAL PLAN AND HOUSING ELEMENT PREPARED BY Steve Ray EXPLANATION DEPARTMENT Planning The City is required by State law to prepare a report documenting progress in implementing General Plan policies and programs. The State gives particular emphasis to housing efforts. Once Council action is taken the attached report will be submitted to the State. CEnvironmental Review x N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. File the report and direct that it be transmitted to the State Office of Planning and Research and the State Department of Housing and Community Development. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Report Resolution No. A-200 (9;99) Report on Implementation of the General Plan and Housing Element 1. Report Requirement This report has been prepared to address requirements of State law. California Government Code Section 65400 requires a report on the status of the General Plan and its implementation, including progress in meeting Housing Element objectives. This section of General Plan law also cross-references sections of Housing Element law, Government Code Sections 65584 and 65583, that specifically call for reporting on how the City is meeting it's share of regional housing needs and on efforts to remove governmental constraints to the maintenance, development and improvement of housing. The law further requires that the report be filed with the City Council, the State Office of Planning and Research, and the State Department of Housing and Community Development. 2. Content of the General Plan The General Plan is a policy document that directs the future physical development of the City. The City's General Plan policies are designed to preserve and enhance existing development and to provide for new development to meet current and projected needs. It is comprehensive in scope and, in conformance with State guidelines, addresses issues of land use, circulation, housing, conservation, open space, noise and safety, within its various chapters. The General Plan addresses both long-range and more immediate concerns. Most policies guide development over a 20-year time frame. However, the Housing Element programs have a State -mandated 5-year implementation schedule. 3. Status of the City's General Plan and Housing Element The City adopted the comprehensive revision to the General Plan in 1996 and has needed to amend it few times since then. These amendments are mentioned below in context of specific actions that further carry out the General Plan's objectives for housing and economic development. Updated General Plan maps and text are maintained and available at the Planning Department counter. The Housing Element was revised in 2000 and self -certified by the City as in conformance with State law. Self -certification is an option limited to certain cities in San Diego County who show that they have met their respective shares of regional housing needs identified in previous housing elements. The Housing Element's programs identify actions to be carried out from 1999 to 2004. 4. Actions taken that affect the implementation of the General Plan This report highlights important actions taken to carry out the General Plan during the last year as well as relevant achievements in recent years. Housing is listed first and in more detail than other General Plan policies, due to emphasis in State law to prepare this 1 report. Housing is only subject area for which this report specifically addresses each program, due to the State requirements for content of the Housing Element. A. Housing Element The City is doing well in meeting Housing Element objectives. As explained below, the City has exceeded its objectives for total numbers of housing units to be rehabilitated or assisted, including those for very low and lower income housing units. The City is on target for conserving low income housing projects, and is achieving new, moderate income housing, though the numbers of new homes built continues to substantially lag behind growth projections. Rehabilitation The City's CDC has already exceeded Housing Element objectives to rehabilitate 275 housing units between 1999 and 2004. 541 units were rehabilitated last year, and 650 have been rehabilitated since 1999, primarily to the benefit of very low income households. These actions, together with City Code Enforcement programs, directly improve housing and neighborhood conditions in the City. • Home Improvement Loan Program Loans to rehab low and moderate -income, owner -occupied homes are also being made, slightly behind the scheduled 25 per year. 16 loans were made last year, and 57 during the past three years, an average of 19 loans each year for the last three years. • Rental Unit Rehabilitation Program This program calls for assistance to rehabilitate 50 lower and moderate income housing units, about ten per year. Loan assistance of $100,000 has been made available each year. No loans were made last year. However, the program has been used to rehabilitate 29 units during the last three years. • Additional Rehab CDC assisted the rehabilitation of two large complexes during the last year: • the 372-unit, very -low income, Plaza Manor complex, now named Summer Crest Apartments, and • the 132-unit, lower income, Paseo del Sol complex (Q Avenue) A smaller rehab project, aided by CDC the year before last, includes 8 transitional housing units operated by South Bay Community Services. • Housing Inspection Program 2 This activity began in late 2001 with the objective to inspect all rental units, as called for by the Housing Element. • Code Enforcement The City abated 2,708 violations in the first three years of the five-year period covered by the Housing Element. The objective to abate 5,500 violations may seem slightly high but may still be reachable. • Christmas in July 52 very low income housing units were rehabilitated in last three years, 21 last year, assisted with $38,000 of CDBG funds and volunteer efforts. • Apartment Management The City continues to enforce Code regulations on apartment management. These require on -site management for complexes of nine units or more. Housing Conservation • Protection of lower income housing at -risk of converting to market rate rent The assistance to rehab Plaza Manor helped guarantee the continuation of that project as affordable to lower income households. This action directly helps carry out an objective of the Housing Element to conserve 614 units at risk of converting to market rents, including Plaza Manor, Granger Apartments and Inter City Manor. All three of these projects continue to provide affordable housing. However, the status of Granger Apartments and Inter City Manor should continue to be monitored. Additional Housing Assistance • Project -based Section 8 Besides the 614 units at these three complexes, there are 528 project -based Section 8 units that continue to provide affordable, very low income housing to National City residents. These include 76 units at Telecu South Bay Manor and 456 at National City Park Apartments. Morgan and Kimball Towers' 300 units, previously considered project -based Section 8 housing, were converted to the voucher program. • Section 8 vouchers Direct financial assistance to households has also continued to meet housing needs. 1,044 households continue to receive vouchers for Section 8 housing. • Section 8 total The affordable housing projects together with direct Section 8 vouchers, without double -counting the Morgan -Kimball Towers, yield a total of 1,572 very low income units that are assisted by rental subsidies. This exceeds the stated objective in the Housing Element for 1,520 units. • First Time Homebuyers Program $250,000 of Home funds (for low income) and an additional $200,000 of Redevelopment funds (for moderate income) have been budgeted annually to assist first time buyers. 15 households were assisted last year, 30 the year before, and 48 households the prior year. The Housing Element objective is to assist 20 per year or 100 between 1999 and 2004. • Mortgage Credit Certificate Program The Housing Element objective to assist 50 households with this program over a five year period seems overestimated. Seven benefited from this program last year, including five lower income and two moderate income households. The prior year, two lower income and three moderate income households received help from this. • Other assistance The City established a Mills Act Program this past year, enabling owners to obtain tax reductions for historic properties. This was not a specific objective of the Housing Element but is consistent with goals and objectives to conserve affordable housing and encourage rehabilitation. Construction Housing construction has continued at very low levels in the City. During the last three years, only 32 units have been built, most of these during FY 01-02. They consist of 21 moderate income priced homes, 6 lower income row homes, and 5 lower income rental units. The ratio of housing affordability for the new construction is in line with Housing Element objectives to obtain more moderate and upper income housing in the City. Sales prices for new homes in the City varied from $195,000 for three bedroom townhouses to $285,000 for a three bedroom detached home. Several four -bedroom homes were sold, priced at $259,000 to $269,000. Home sizes were typically 1,400 to 1,700 square feet. Three, small subdivisions accounted for 20 of the new homes, the six row homes at 9th and A, which were assisted by CDC, the three homes on Clairmont Avenue, also assisted by CDC, and the 11-lot, Paradise Knoll development. The lower prices were paid for the 9th & A row homes. Their prices, in combination with CDC first- time homebuyer programs, were affordable to lower income households. Rent prices were not obtained for new rental units but assumed affordable to lower income, in line with typical rents in the City for older or smaller complexes where the units were added. Four rentals each involved one unit added onto four different 4 developed properties. Two were small, detached homes on small lots in the City's Westside area, which contains a mix of housing and industrial development. Expectations to add 378 housing units in the City between 1999 and 2004 may seem high, since only 32 units were added between 1999 and 2002. However, the City approved tentative subdivision maps for 222 additional homes in the past year, 174 townhouses on Sweetwater Road east of Plaza Bonita, and 38 detached homes on Paradise Valley Road. These are the largest proposals for new housing that have been made in the City for over a decade. The City approved rezoning requests facilitating two housing projects. One of these was for the Paseo del Sol apartment rehabilitation project. The other was for a 3-lot subdivision for lower income single-family homes, proposed by Habitat For Humanity, that has not yet been built. As explained in the Housing Element, the City has adequate land zoned for construction of new housing at all income levels, as needed to meet objectives for construction. There are no governmental constraints that have been identified as interfering with Housing Element objectives. To encourage the market to build housing, however, the Element includes several programs, as explained below. • Provide Informational Materials on Residential Development Materials on Design Guidelines, Code standards, Mixed Use allowances, for example, are provided in response to requests and maintained at the Planning Department counter. • GIS database Work is ongoing to improve the Planning Department's parcel -based data. The GIS map is being used to show development proposals with regard to streets and lots in the area, as well as to zoning information. Community Housing Development Organizations (CHDO's) In the past year, $240,000 HOME funds were allocated for the rehabilitation of the Plaza Manor apartment complex, which was mentioned above, and construction of a senior center at that complex. An additional $259,000 of Redevelopment funds also allocated for this project. Within the last three years, $25,000 of HOME funds were allocated for a feasibility study for 10 to 15 single-family homes at Fig Court. $272,372 of HOME funds were directed toward pre -construction and development of three single-family homes at Sheryl Lane (Habitat For Humanity project, mentioned above). Also, CDC has worked with South Bay Community Services on homeless projects, including the 5 rehabilitation of an eight unit complex in National City for recently homeless families, as well as a deposit/security program to prevent homelessness. • Acquisition, Rehab and Construction As mentioned above, objectives for rehabilitation have been exceeded, primarily due to the Plaza Manor and Paseo del Sol rehabilitation projects. The City, though CDC, has also assisted new construction, including the 9th & A row homes and the three single-family homes on Clairmont Avenue, mentioned above, as well as one single- family home built at Euclid and 16th. The CDC has also entered into an MOU with NMS to conduct a feasibility study for development of senior housing near 30th & D. • Density Bonus Ordinance The City adopted a density bonus ordinance to comply with State law, on schedule in 2002. • Information on Housing Incentives Information is available in separate handouts at the Planning Department counter and is provided as need is identified for specific development proposals. • Communication of Priorities to Developers Planning Department staff routinely informs developers of housing opportunities ;n commercial Zones. Lower income housing developers are advised of the Housing Element objectives for new development, primarily for moderate and upper income housing. The Planning Department updates National City Overview and maintains this as a handout at the counter to provide information on land use and development trends, available services and resources, and social and economic characteristics o2 the City. • Code Amendments on Transitional Housing and Emergency Shelters The City adopted these amendments in the past year, as called for by the Housing Element. • Submit Housing Element Implementation Report to the State This report addresses the requirement and will be submittc t after review by Council. • Design Guidelines Design Guidelines continue to be implemented. Development proposals have been improved as a result of the Guidelines. 6 • Conversion of Commercially and industrially Zoned Land to Residential or Mixed Use Few proposals have been made for this type of change. Rezoning from commercial to residential was approved for the three homes to be built by Habitat For Humanity at the end of Sheryl Lane, as mentioned above. However, the proposal could have also been approved under mixed use provisions of the Code Implementation of the 9th & A row homes did result in conversion of commercially zoned land for residential use and was approved in accordance with the mixed use allowance of the Code. • Study use of Eminent Domain in Redevelopment This may still be scheduled if determined to be needed. Fair Housing • Compliance with Fair Housing Requirements The Fair Housing Council of San Diego completed an analysis of impediments in 2000. Impediments to fair housing are analyzed in the CDC's Consolidated Annual Performance and Evaluation Report. Steps to address impediments are listed in the report. • Continued Support of Fair Housing Counseling and Enforcement Organizations In response to the analysis of impediments mentioned under the preceding program, National City contracts with the Fair Housing Council of San Diego, who provides several programs for National City residents. • Fair Housing Training Information on new development is provided to the Fair Housing Council on a project -by -project basis. The Fair Housing Council provides technical training for housing providers, property management, lenders and property insurers. B. Commercial/Industrial/Economic Development The City's General Plan contains several policies that encourage higher quality commercial and industrial development, as well as tourist -oriented development at its bayfront. An improved tax base is specifically mentioned. The following actions highlight activities to carry out objectives. 7 • City and CDC staff have provided advance assistance to developers concerning the vacant Fedco site. • Staff has also provided advance assistance to developers for potential development of City property near Plaza Bonita. The project would require a General Plan amendment but is consistent with General Plan policy to increase sales tax revenues and provide high quality retail development. • Advance assistance for development of the Education Village at 8th & National City Boulevard was also provided. This project should be a catalyst for additional development in the area. • Redevelopment of the northwest corner of 8th and Roosevelt was accomplished. • The City amended the General Plan from the Tourist Commercial to the General Commercial designation for the area on the west side of National City Boulevard north of 7th Street. This directly carries out a suggested action in the General Plan text. • The City also adopted a requested General Plan amendment from Limited Commercial to General Commercial for the Galleria Shopping Center. This allows for a wider variety of goods and services for the property, located on Plaza Boulevard, a major arterial. • Construction began for dredging of the marina adjacent to Pepper Park, which is encouraged in the General Plan along with tourist commercial and recreational development in that area. Redevelopment activity continues in that area, as well as coordination with the Port District, to carry out General Plan goals. C. Public Services and Facilities Recreation The City's General Plan encourages maintenance of the existing ratio of park land per capita, and development of land for recreational use along Paradise Creek, in addition to marina construction and bayfront recreational opportunities mentioned above. The following have recently carried out specific objectives. • New playground equipment has been installed in Kimball Park and Sweetwater Heights Park. • New landscaping has been completed at the Martin Luther King Community Center. • The Little league field in Kimball Park was rebuilt. • The City rehabilitated the Kimball Bowl Veterans War Memorial 8 • The City obtained State grant funding for Paradise Creek Educational Park and completed environmental review for the project. Transportation and Circulation The General Plan encourages consultation with other agencies to improve transportation services and facilities. It also identifies a hierarchy of roadways on the Circulation Element map and suggests needed improvements and study for Plaza Boulevard. The following actions highlight activities taken out to not only improve transportation and circulation but also enhance the appearance of the City's streets. • I the past year, the City contributed $30,000 toward MTDB's South Bay Transit First Study, and Planning as well as other department staff have contributed information for the study. • The City awarded a contract and began work for design engineering and environmental assessment for widening of Plaza Boulevard east of Highland Avenue. • Civic Center Drive enhancement, consisting of undergrounding utilities, drainage improvements, new sidewalks, lighting and street trees, was completed. This goes beyond circulation objectives and also carries out goals for beautification of entryways to the City. • A Avenue was realigned at National City Boulevard and 14th Street. • Marina Way has been completed, providing new bayfront access. This new street has long been encouraged by the General Plan and Local Coastal Program. • Work has begun to underground utilities along Highland Avenue, from 16th to 30th This is a specific program identified in the General Plan. • The City began construction for the traffic signal coordination on National City Boulevard and Plaza Boulevard. This is also specifically called for in the General Plan. • The Engineering Department Pavement Management System is underway and directly carries out another General Plan program to monitor the basic systems serving National City and to identify deficiencies and areas requiring expansion. It is also related to a program to encourage neighborhood rehabilitation activities. Other Services and Facilities • The City submitted grant application and obtained voter -approved local funding for construction of a new Library • The Library obtained additional funding for services. This includes a $300,000 grant for a school age literacy tutoring program, an $84,000 grant for the WOWmobile, and for library services to the National School District, among other library functions. • The City continued efforts to enhance and remodel the Civic Center. • Improvements in technology, including information on the City's web site, and internet services, were continued. • The City continued its household hazardous waste collection program. Resource Conservation • The City achieved energy savings from reduced heating and cooling of office space, and installation of operable windows at the Civic Center. • City staff reduced use of wood products, and lessened effects on air quality and water by purchasing recycled paper for City office copiers and printers. Other/Community Enhancement Many accomplishments do not fit under a single category, such as the following. • The City adopted revisions to its Sign Ordinance to clarify various standards. Ongoing changes to Code are anticipated in the General Plan, to improve standards. • The Building & Safety Department removed 161,767 square feet of graffiti from 1,290 locations in the City in the last fiscal year, through its ongoing Graffiti Abatement Program. • The Mills Act Ordinance, mentioned as an additional activity taken to assist housing, also directly carries out City General Plan policy to encourage historic preservation. 10 Appendix Methodology/Acknowledgements/Bibliography Information for preparing this report was derived from a variety of sources, including: • CDC's Consolidated Annual Performance and Evaluation Reports for fiscal years 99- 00, 00-01 and 01-02. • Summaries of City Department accomplishments prepared for the annual budget • Building permits for new housing construction for the last three fiscal years • Building Department information on work undertaken for its housing inspection program • Sales Price Data for new homes provided from developers or as available from County Assessor information • US Department of Housing and Urban Development information on median household income by family size for the San Diego area • Income limits published by the State Department of Housing and Community Development for very low, low and moderate income households • State Department of Housing and Community Development criteria for affordable housing rents by income category • In addition, CDC staff assisted in clarifying the benefit of various housing rehabilitation programs for households of very low and low income. Determination of affordable sales prices Categorization of new homes by affordable cost is not an easy task and varies for individual cases, depending on the amount of the down payment, interest rates, length of mortgage payments, taxes, special assessments, and utilities. The classification effort was made simple for the purposes of preparing this report, by estimating a loan amount, with an interest rate of 6.5%, that would involve a mortgage payment equal to the rents affordable for very low, low and moderate income households. No down payment was added to the loan principal to yield a higher affordable price, since there are additional costs, such as taxes and insurance, that would also ideally be accounted for. Although not perfect, this methodology should be adequate to determine affordable sales prices. Quantified Summary of Accomplishments Housing Element Table 26 lists quantified objectives for housing construction, rehabilitation, conservation, and assistance. The table is copied on the next page, along with tables showing accomplishments by income category for the last fiscal year and cumulatively for the last three years. 11 Table 26 uantified Objectives: 1999-2004 Activity Income Level Total Very Low Low Moderate Upper Housing Units to be Constructed 9 34 86 249 378 Housing Units to be Rehabilitated' 150 50 75 275 Housing Units to be Conserved2 614 614 Housing Units to be Assisted3 1,420 50 50 1,520 Total 2,193 134 211 249 2,787 1 Programs 1, 2, and 5 provide rehabilitation assistance to very low, low and moderate income households. Fifty units from Program 14 also expected to be rehabilitated. 2 A total of 614 units from Program 7. 3 A total of 2,034 households/housing units are assisted through Section 8 as described in Program 8. The total of 1,420 isreached by subtracting 614 units to be conserved, which have already been accounted for under Program 7. Refer to Housing Element for explanation of Programs by number. mplishments: 2001-2002 Activity Income Level Total Very Low Low Moderate Upper Housing Units Constructed 10 20 30 Housing Units Rehabilitated' 397 138 6 541 Housing Units Conserved2 614 18 632 Housing Units Assisted3 1,572 1,572 Total 2,583 166 26 2,775 Program 1 (HILP): 16 units, Program 2 (Rental Unit Rehab): 0, Program 5 (Christmas m July): 21; Program 14 (Plaza Manor Rehab): 372; Paseo del Sol 132; Total: 429 units. 2. Plaza Manor (re -named Summer Crest Apartments): 372 units; Granger Apartments: 180 (153 very low inc.), Inter City Manor:80 (79 very low); Total: 632 (614 very low). 3. 528 project -based Section 8 housing units are provided at Telecu South Bay Manor (72 units), National City Park Apartments (456). Additionally, 1,044 vouchers are provided to tenants. A total of 1,572 households were assisted with either vouchers or project -based Section 8 assistance. Kimball -Morgan Towers, previously considered project -based Section 8 housing, was converted to the voucher program. 1. Accomplishments: 1999-2002 Activity Income Level Total Very Low Low Moderate Upper Housing Units Constructed 11 21 32 Housing Units Rehabilitated' 471 159 20 650 Housing Units Conserved2 614 614 Housing Units Assisted3 1,572 1,572 Total 2,657 170 41 '1,868 Program 1 (HILP): 57 units, Program 2 (Rental Unit Rehab): 29, Program 5 (Christmas m July): 52; Program 14 (Plaza Manor Rehab- 372, Paseo del Sol-132, SBCC transitional housing-8; Total: 6733 units. 2. See note for Accomplishments 2001 *2002. 3. See note for Accomplishments 2001*2002. 1 12 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 1, 2002 AGENDA ITEM NO. 24 /ITEM TITLE REQUEST FOR USE OF THE COMMUNITY CENTER BY THE NATIONAL SCHOOL DISTRICT AND WAIVER OF FEES PREPARED BY Stephen Kirkpatrick EXPLANATION DEPARTMENT Public Works The National School District is requesting use of the Community Center North Room on Wednesday December 4, 2002 for a staff development workshop. The School District is requesting. the Center from 7:30 am until 1:00 pm for approximately 250 people. Cost: Building: $386.98 Custodian: 128.46 Total: $515.44 The School District is also asking for waiver of fees. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community' Center". However, it would take the approval of City Council to waive the fees. CEnvironmental Review x N/A Financial Statement Loss of $515.44 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on use of the Community Center and wavier of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ls.._ 1. Application for use of the Martin Luther King, Jr. Community Center 2. National School District letter dated September 19, 2002 Resolution No. A-200 (9'99) SEP-19-2002 THU 03:56 PC[ National School Dist, HR 619 336 7521 P, 03 APPLICATION FOR USE U1 THE NATIONAY. CITY COMMUNITY BinLDU'IC Te Al Ir APpi.JCAN1r8: It is ettnngiy a recanicndad that the applicant requesting use of the facility attend the City Commit meeting, when the Um is going to be discussed in order to answer any gnsstione pored by the City Council. Please refer to the attashed copy of "Rules and Regulations." Neu of Organization stantletaL ► dmit. DISTRICT Ave Business Address 1500 IIsae 'Nene of Applicant t fmt_ ___ Nene roe Address arum as above Telephone Number (, 1;2)336-7721 (gay) (,._. ) Type of Function Saiaataa Staff Saaelaraget Date Requested Z)eCernh qn Dcoerating Time _.._ (aadpm) to Function Time 7 : 30 the otKiealtan Facility Use Time Clean-up !0 1:00 sac no ( )to O (maatpea) to ..._... .. _..... _. hardens) 'Wernher ofPaeticipoarts kePresdeartely ASV 'WillAdmtission'becharged? a'D Wpm, Amman S Will this event be used es a load raising event? R ° Will alcohol be served? _ so ABC Pentair SubraaUttai? canillcetc *flamenco attached? egt► .filer ipteciat ceenligumtiatn of tables or chairs requioed?jtx , (ryes. attach sketch) Special equipment inquired? as (lfyee, attacbvd liat)MStraPhaae anti podium Copy of Rules & Regulations provided? SIK Initial " _^ 1 CERTIFY THAT I !LAYS RECEIVED A COPY OF TEE RULES & REGULATIONS /POR THE COMMUNIrf CENTER, AND i AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. ' ,ttpplttsnnr recognizes and understands that use of the Cay s facility stay emote a ,pea arsyvry interest oubjeot to property taxation and rlhat Applleaant may be subject ea she payment of property taxer levied on suds tsuarett. App►Aeaiv Ander agrees to pay any and all property taxes, V.any asseered during dens use of Me City's flaky parstraat to Serious 107 and 107.6 of the Revenue and Taxation Cade against Applicant's l onessory interest in the Ce(Y's fadiity. Sigma of Applicant Date SEP-19-2002 THU 03:57 PM Rational School Dist, HR 619 336 7521 P. 04 CCPY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INURMEP CAT1ONI l GRRBMENT Persons requoating use of City properly facilities or personae( are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury sad propeny damage which includes the City, its ofcialk agents and employees rated as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this penult. Organization 1&TIO114L SaSl00i. nu m= Person is cba rgeof activity C» L. 1esSAbtOS A►ddre tie 1 $ Avenue. liatioasl Cites Telephone 336-7721 City facilities audios properly requested coaaaua .et Builais8 Dataa(a)ofuec Decerylko. 4, At) ° X. HOLD HARMI,tSSS AQR11F-A'tgNT The undersigned hereby aver(s) to hold the City of National City batxnksa and indemnify the City of National City horn and against ail claims, amends, costs. losses, demages, injuries, litigation and liability arising out of or related to the use of public MOW) by permltice's agnate, employees or c*nt*ators. Assistant Soperintendent-Aus?Aess 4/40/16 Certificate of Insursees Approval by Rev. 1/21/0O Official Title Otte None itehUs 2 ac.l 10 COW- flu U. .;3u r71 IYat}ona, acltool fist. ❑R 013 330 (Del r. uC NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 9i950 • (619) 336-7500 FAX (619) 336-7505 • September 19, 2002 Mr. Burt Myers Engineering/Public Works Director 1243 National City Boulevard National City, CA 91950 Dear Mr. Myers: 1 am submitting this letter to request the use of the National City Community Building for the purpose of a staff development workshop for National School District employees. As in the past, 1 request a waiver of fees. The date of our workshop is December 4, 2002, from 7:30 a.m. to 1:00 p.m. I anticipate approximately 250 people to attend this workshop. If you have any questions, please feel free to call me at 336-7721. Thank you for assisting me in this matter. I look forward to hearing from you regarding the City Council's approval of my request. Sincerely, Cynthia AG Mesaros Assistant Superintendent —Human Resources CAM:mgd BOARD MEMBERS: ROSAUE "RS)$IE" ALVARAC10: ANNE L. CAMPBELL: ALMA GRAHAM: JAMES GRIER. JR.: FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON. Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL. SERVICES: ELLEN C. CLR TIN. Ed.p. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANO;S ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS STAFF RECOMMENDATION City of National City, California COUNCIL AGENDA STATEMENT >r1EETING DATE October 1, 2002 AGENDA ITEM NO. 25 (ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE MAAC PROJECT AND WAIVER OF FEES PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works EXPLANATION The MAAC Project has requested use of the Community Center North Room and kitchen to hold a community event for the citizens of National City. They are requesting the Center for Thursday December 5, 2002 from 10:00 am until 10:00 pm., with the event happening between 5:30 to 9:30 pm. There will be approximately 450 people attending throughout the evening, in an open -house style. Costs: Building $1,055.40 Custodial 245.74 Kitchen 100.00 Total: $1.401.14 The MAAC Project is also requesting waiver of all the fees. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would take the approval of City Council to waive the fees. CEnvironmental Review x N/A Financial Statement Loss of $1,401.14 if waiver of fees is approved. u 0 7(}— Approved By: Finance Director Account No. Council decision on use of the Center ahki waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for Use of the Martin Luther King, Jr. Community Center 2. MAAC Project letter dated September 23, 2002 Resolution No. A-200 (9'99) APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization Business Address Name of Applicant Address q l b * co e ctl t9lo Q1 CA . Telephone Number (6 i `1) `6 -5 @ y Sy (day) ( ) 5 Mtn- (evening) Type of Function (j 0 al 111 UiJ it4 P1 l.ckr ct5 eVetiT Date Requested ECetvlber- 2001— Decorating Time 10 : (>0 a m) to 4 .. 0 U Function Time 5 : 3 O (am/0 to 9 : 0 C) Use of Kitchen Facility LZ yes no 2-Z. west- `65Vitol.rat City 1‘1\. Pr!JLk \_ C fwAdtk Use Time 12 Clean-up 9 Number of Participants -4 50 Will Admission be charged? I.) C) (am �m to g . O d pm to 10 : ()O If yes, Amount $ Will this event be used as a fund raising event? NC) Will alcohol be served? 1Jo ABC Permit Submitted? Certificate of Insurance attached? tle,S Special configuration of tables or chairs required? 1J 0 (If yes, attach sketch) Special equipment required? NI 0 (If yes, attached list) Copy of Rules & Regulations provided? 40s Initial 111e . I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. \AvvkitukC c - Gas Signature of Applicant - Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and 'employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization R INA (._ ECT Person in charge of activity RI\)04 C AV - Address q 16 is rive Matuthl Cdfir Telephone (tql 3.56 - g; A SLI City facilities and/or property requested Nato 1JC.\ C i� Co rnmur yky _ Co./ter- Date(s) of use C'C VV \e' -2°6 2-- HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. \rukua� 1 Signature of Applicant wtA C�z EA-Im es Official Ti Date Certificate of Insurance Approved by Rev. 04/01 Name & Title S}. MAAC RJECT A MULTI -PURPOSE SOCIAL SERVK AGENCY t if ..:_....... a: t'pii�.:.�f::.:t lA0 -,saiv6:t{jl�}T�-$9C ADMINISTRATION 22 West 35th Street, Suite 100, National City, CA 91950 (619) 426-3595, Fax (619) 426-2173 September 23, 2002 Mr. Burton Myers Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Myers: On December 5, 2002 the MAAC Project will be Co -Hosting a community event in National City. The event is celebrating its 10th year; it is entitled the "Tamalada". The purpose of the Tamalada is to honor citizens of National City whom have contributed to their hometown. There are many citizens in National City that put in extra efforts and take great pride in living and working in our community. Each year our Tamalada Committee selects a number of these citizens and honors them with an award. The activities at the Tamalada include music provided by students from the Sweetwater High School District. Dinner is served in a traditional Mexican style. Refreshments are a variety of Mexican fruit flavored drinks (no alcohol is served). The highlight of the event is a premier showing of the "Spirit of Mexico". The show is a photographic exhibit of the Culture of Mexico, photographed by a permanent resident of National City, Manuel Cavada. This event is provided at no cost to our invited guests. The Tamalada committee consists entirely of National City residents. We are requesting the waiver of all fees regarding the usage on the National City Community Center and the custodial fees that may apply. Thank you for your consideration and we look forward working with you. Roger Ca7ares President/CEO !N�R NATIONAL COUN QL OF LA RALA SAN DIEGO WORKFORCE PARTNERSHIP United Way of San Diego County COUNTY OF SAN DIEGO City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 1, 2002 26 AGENDA ITEM NO. "ITEM TITLE TEMPORARY USE PERMIT — SATURN OF NATIONAL Cl'l Y - USED VEHICLE TENT SALE Claudia Caro, Permit Technician PREPARED BY G DEPARTMENT EXPLANATION This is a request from Saturn Of National City to conduct a three day used vehicle tent sale on lot 2 at the Plaza Bonita Shopping Center, from Friday, October 18- Sunday, October 20, 2002. The hours of the sale are 9:00 a.m. until 9:00 p.m. This event involves the sale of used cars from the Saturn lot in National City. Building and Safety I, Environmental Review N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary it 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 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Saturn of National City EVENT: Used Vehicle Tent Sale DATE qv EVENT: October 18-20 , 2002 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a. vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 09/16/2002 11:07 FAX 002 September 16, 2002 Ms. Claudia Caro City Of National City Building Department 1243 National City Blvd. National City, CA 91950 WesiRe/t SHOPPINGTOWN PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National City, CA 91950.8007 Telephone (6191267.2850 Facsimile (6191472.5652 Dear Claudia, This shall confirm that Saturn of National City will be holding a used car tent sale in the Ward's South Iot October 18-20t1i. If you have any questions, please call me. Sincere' Holly Y Specialty Leasing Manager Type of Event: _ Public Concert _ Parade _ Motion Picture Fair Demonstration _ Grand Opening :Other 'i i Ce Festival - Community Event Circus Block Party Event Title: �f FT uIe,1 Web b C4-02 rein` SA-CP Event Location: OGA-ZA n r i- ii0tbe6& P,kinf60i Event Date(s): From 1O/! $ to /D/Zo Month/Day/Year Actual Event Hours: 7 Qpm to R am •ljii Setup/assembly/construction Date: /O///e/02- Start time: q rn Please describe the scope of your setup/assembly work (specific details): Total Anticipated Attendance: ./eXO ( X Participants) ( Spectatorg) o A Dismantle Date: I n!°t-I (Z 02-Comp►etion Time: a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) CA) Applicant (Name): f t (i a Address: 212 0/71uo Daytime Phone: (tOlP1) 3 Vi vening Phone: (__) Contact Person "on site" day of the event: Pager/Cellular: or Profit Not -for -Profit Fax: (_) 111Lang 1°) ca3-53 3O 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 st NO Are admission, entry, vendor or participant fees required? _ YES A NO If YES, please explain the purpose and provide ambunt(s): $ N /.A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?, Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. (,!5a0,41e " 1 t T �AL� YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES X. NO 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: .r !l =n .,r t , . _ YES y NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel., and provide a written narrative to explain your route. • — YES X_ 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 t 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. A. Food Concession and/or Food Preparation areas r� Please describe how food will be served at the event: !v If you intend to cook fooii in `the event area please specify the'method: ' GAS ELECTRIC CHARCOAL OTHER (Specify): N/ ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: t (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 A Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity A. 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 mustproperly.dispose of waste ,arid garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) A Number of trash cans: Trash containers with lids: P , Describe your plan for clean -tip and removal of waste and garbage during and after the event: �0 3 Please describe your procedures for both Crowd Control and Internal Securi kMcj e,r g 5Ee.�2(--7' J -Pzik ant i YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: P Security Organization Address: Security Director (Name): Phone: _ YES)cNO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indic to what arrangement ou have made for providing Firsid Staffing and Equipment. rR bvt'�D� PtA7 A &A) t l� Please describe your Accessibility Plan for access at your event by individuals with disabilities: Cr.-0 iO�ler4c1 L0 Please rovide a detailed descrip��°n of your PAIN Ian: fLwe K -PA r,n r� p'FQ /'y_i 1►UU Please /�describe your Ian or DISABLED,�ARKING: 'en astrirNittra' 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NIA NOTE: Neighborhood residents must be notified T2 hours in advance when events are sch4uled in the City parks. _ YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music.. Number of Stages: Type of Music: _ YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES )( NO Will sound checks be conducted prior to the event? If YES, please indicate: YES Number of Bands: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _YES O Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received City of National City, California COUNCIL AGENDA STATEMENT 27 MEETING DATE October 1, 2002 AGENDA ITEM NO. (--ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT, IN FRONT OF 1827 LA SIESTA WAY (APPLICANT: RAMON AND LETICIA LOPEZ) (CASE FILE NO. PD-2002-3) PREPARED BY Charley Marchesano E DEPARTMENT Planning EXPLANATION The project site is a 12,540 square foot parcel on the east side of La Siesta Way in the .RS-3-PD (Single- family Extendible -Planned Development) zone. The relatively flat parcel has approximately 66 feet of street frontage and is 190 feet deep. There is currently a 1,560 square foot single-family home on the property near the rear of the lot and a gravel driveway from La Siesta Way. The applicant proposes to construct a second unit on the front portion of the lot. The new two-story home will have five bedrooms and two baths, with roughly 1,800 square feet of floor area. It will have a peach -colored stucco exterior and brown composite shingle roofing. A new paved driveway providing access to both units and installation of landscaping on much of the site are also proposed. The applicant intends to reside in the new home and rent the existing unit. There was no testimony in opposition to the project at the August 19 Planning Commission hearing. The Commission discussed the potential for a lot split in lieu of the proposed Planned Development permit to increase opportunities for home ownership, and noted that the proposed layout could allow for a future lot split. Commissioners suggested that the applicant add a second bathroom upstairs, and discussed the lack of closet space in the bedrooms. The Commission voted to approve the item with a condition requiring a two -car garage rather than the proposed one -car garage and adjacent uncovered parking. Environmental Review x N/A Financial Statement N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision othe Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Vote: Ayes —Unanimous ATTACHMENTS ( Listed Below) Resolution No. I. Planning Commission Resolution No. 24-2002 2. Location Map 3. Reduced plans 4. Site Photos A-200 (9/99) RESOLUTION NO. 24-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT, IN FRONT OF 1827 LA SIESTA WAY APPLICANT: RAMON AND LETICIA LOPEZ CASE FILE NO. PD-2002-3 WHEREAS, the Planning Commission of the City of National Cityconsidered a Planned Development Permit application for a second residential unit, in front of 1827 La Siesta Way at a duly advertised public hearing held on August 19, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. PD-2002-3, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 19, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 12,540 square foot parcel is large enough to accommodate the proposed second unit, while complying with maximum density requirements of one unit per 5,000 square feet of lot area, and since the site layout allows for adequate parking and open areas for both units. 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 project site is accessed by E. 18th Street, a collector street with adequate capacity to handle the additional 8-10 daily vehicle trips expected from the proposed development. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed unit incorporates desirable design features, is adequately set back from the street, and has on -site parking. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed development will improve an older neighborhood, provide an additional home available for rent by larger families, and the new development could stimulate additional investment in the neighborhood. BE IT FURTHER RESOLVED that the application for the Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes the construction of a second residential unit at 1827 La Siesta Way. 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. PD- 2002-3, dated July 15, 2002. 2. Plans submitted with any application for a building permit shall be revised to show a two -car garage provided for the new unit in compliance with City Code, including compliance with minimum dimensions and provision of required back-up area. 3. The new garage shall have a roof and exterior color matching the new home. 4. The proposed driveway and all parking spaces on the site shall be paved in accordance with City Standards. 5. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 6. 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. 7. A drainage plan shall be submitted showing all proposed and existing on -site and off -site improvements. The plan shall be prepared by a registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be six inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 9. The deteriorated portions of the existing street improvements (15' of sidewalk) along the property frontages, shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all improvement work done in the public right-of-way, and the grading construction on private property. 11. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimate shall also be deposited with the City as an initial cost for plan checking and inspection services at the time plans are submitted. The deposit is subject to adjustment. 12. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 13. A minimum of ten feet of separation is required between all sewer and water laterals. 14. Before this Planned Development 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 efutomatically terminate the Planned Development 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 Planned Development 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. 15. 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 be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 16, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: r LOCATION MAP 1827 La Siesta Way PD-2002-3 NATIONAL CITY PLANNING 411.0 110. 000 40. eet DRN DATE: 8/1/2002 INITIAL HEARING: 8119/2002 I9b' E.unuiwm°+�1 b1 -; nnnnnnnnn 1.640 111 111 i11111111 111111 111 111111 II 11111111 IIII u1 +ITTn 1-0I 4 �� uUTi 1TQLT 06.61.115e Nib. 6.Z sA Pme. xMfS. J-M144l Raori w' xu - I fIL F F1-.48 A"= i'-oh 0 n1 _0 0. C �vu OO 9'x14" m 06' s-- - 15' 0" 9 m LAMP c.,I.l4LEH v-r+ A 5 I (SIG-r` E_EVATID>tl ?/4° 1'-0" LOMV /ilinFLEi 1 n s,;0 FF VA-noN 1/4"= r-OC WINDOWS AND DOORS a PLUMBING NOTES ELECTRIC NOTES Q{ 1 GENERAL NOTES E. DESCRIPTION e NCN µwet '" U%::4 -IT174!;= Na THE CO.7a;gTWEE:0..fNEAO�,.1:: OFF CATY LINE .cALI- Ninaimn.afFAL._00TEETRNEIA0C A.oAu ei....IONS.V FROM .008 OR eEN..oc .Esc.*iNoS DIMENSIONS INDICATES SMALL VSRLI, TO SYPOSCO FADS MOM PROJECT INFORMATION 6' B6" IMMIONVONS tn /.A21 M9Y%I l d� l611)44-*9431 Jul v-00-7,712 1/41A I`-o" l 011 P3,r?se'� 3 ,fez 1.$if. 2 ar. .(Arozc y JSJ6t,Y s.✓, 7paz„U OIE5rz..0Y. NOTS: 1-. vU410-1 All Unu*N IOCAnO-I5 P210Z To rawer ucr< 2- 4t SITS UrIcIr1e.5 TO BE urlo¢2urb0no Ur CRA 6 d.rt A1FALL F4041 Aw01 FRO`I >11444.4E(s) 4 VER+fl nuArefZ pRESs0RE Art. 5Pi Plrlo-iO Be saaeDIM IU ACCOtICE 10104 AMA DIA A CURRE,r U.SC, 6 SWIffUM(rtS1r VACUUM BRJacetS SNAIL ee. IMC410CC WITH 414 MEW Holt 5165. ?r MI NOTWCJAL 44µrlf4 5600. OSSA OIRS145 OZ 9111iC0 .O C5 HOT TO Fish. O.1t0 FcU,ce.r FROPEar1E5. EMISTM%& VEGrETPrtai O cirRus net Qz PF u 0EE +vy. LUM (51.4.46) 0 paupn UlLEa 0REG 50 MACPnh TRLE AASC 004445. QQ FPPI.0 TRCE. FRUNL 1REC+. 0. F 110040HctE 1400' +-ALL- pWlir I 4u. IMCwDIM(r 6UxlH4 P1AMr5 5144 at I49500 4> WITH 4 ;Venal -lair 5E440 41014E I4Rt(A1001 59 STE.1 Ovronv'ric 0E4- TRI0a0y mirttollfv( FA. LCSIGne4'10 P4,110e weee2 TO NA_ REP010.e0 %L1411N4-4 TO nnnrnll♦ TRAM IN A HE0Lr01, 01Sfi,5E-4A44.cnr CONDITI OIi. NEW MOJ`S Ti TEL VATIO - CA FORT' Y Y-O" .11,111/101,10 AC.124r Er (619) 799-3991 JUu4- 6- n? ROMA A5 H000*1 Jos. Met MYST D5C- Pit PLAI P_,o-a4 OP • PD-2002-3 SITE PHOTOS View of project site, looking east across La Siesta Way Project site, looking southeast from La Siesta Way City of National City, California COUNCIL AGENDA STATEMENT 28 EETING DATE October 1, 2002 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 716 HIGHLAND AVENUE (APPLICANT: AT&T WIRELESS) (CASE FILE NO.: CUP-2002-14) PREPARED BY Andrew Hoskinson DEPARTMENT Planning EXPLANATION The project site is on an existing building, a Pacific Bell switching station, at 716 Highland Avenue in the General Commercial (CG) zone. The 13,000 square foot building fronts on Highland Avenue, G Avenue and 7th Street. The applicant is proposing to mount six one foot wide by four foot tall panel antennas on the exterior walls of the building. The antennas will be painted to match the building. Additionally, they will expand existing rooftop equipment enclosure by 370 square feet. The expanded portion of the enclosure will match the existing portion. Planning Commission held a public hearing August 19, 2002 on this item. There was no testimony in opposition to the proposal. The Commissioners discussed the condition requiring the applicant to repair 40 feet of sidewalk adjacent the site. They voted to approve the Conditional Use Permit since, the antennas will blend with the building and since the wireless facility will not be readily apparent to a casual observer. l\ 1 Environmental Review X WA Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision Decision be filed. Approved By: Finance Director Account No. fTe Planning BOARD 1 COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Unanimous Commission and recommends that the ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 23-2002 2. Location Map 3. Site Plan and Elevations Notice of Resolution No. 4. Site photographs 5. Wireless Communications Facilities Map A-200 (9/99) .6949 RESOLUTION NO. 23-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 716 HIGHLAND AVENUE APPLICANT: AT&T WIRELESS CASE FILE NO. CUP-2002-14 WHEREAS, the Planning Commission of the City of National City, California, considered a Conditional Use Permit application for a wireless communications facility at 716 Highland Avenue at a duly advertised public hearing held on August 19, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2002-14 maintained by the City, and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 19, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the wireless communications equipment and antennas will be placed on an existing building used for telecommunications. 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 Highland Avenue, which is an arterial road. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the six facade mounted antennas will not be noticeable to passersby, and since the equipment will be screened by an expanded roof top equipment enclosure. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of AT&T's wireless communications network, resulting in enhanced service for its customers BE IT FURTHER RESOLVED that the application for the Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communication facility at 716 Highland Avenue. 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-2002-14, dated 5/20/2002. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 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. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a Modular building. 6. 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. 7. 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. 8. 40 feet of deteriorated portions of existing street improvements along the property frontages shall be removed and replaced. 9. A permit shall be obtained from the Engineering Department for all work within the Public Right -of -Way. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 16, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: PROJECT LOCATION St eet ZONE BOUNDARY LOCATION MAP 716 Highland Avenue NATIONAL CITY PLAN 4 4 URN. DI : 8/14/02 INITIAL CUP-2002-14 HEARING: NING 8/19/02 i('NF Nor' IF DIMENSIONS SHOWN ON PLW 00 NOT SCALE CORRECTLY. CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PLANS. EXISTING EQUIPMENT ENCLOSURE PROPOSED LOCATION OF (2) OF ON 1' X 4' PNLEL ANTENWS MOUNTED ON IXIERIOR WALL PANTED 10 MATCH BUILDING RNNB. TOP OF EQUIPMENT ELEV. 39'-5' MTOP OF3 PARAPET .33'-l' TOP ANRNNA E1EV.OF 32'-1' ANTENNA RHO CENTER ELEV. 30'I' GROUND '-U' LEVEL ELLV. 0 (101' AMSL) TOP OF SENSORS ELEV. 4T'-2' TOP OF PROPOSED ENCLOSURE FIN AO'-1' PROPOSED LMU SENSOR PROPOSED EQUIPMENT ENCLOSURE TO LIATCM COSTING PROPOSED CAPS 'SENSOR PROPOSED WU SENSOR PROPOSED EQUIPMENT ENCLOSURE TO MATCH MONO EAST ELEVATION (PROPOSED CAPS SENSOR PROPOSED LOCATION OF (2) OF (0) 1' X 4' PANEL ANTENNAS MOWED ON EXiEDIOR wAu. PANTED PTO NATOLI IffmEMI PROPOSED LOCATION OF (2) OF (I) 1' X 4' PANEL ANENAS MOUNTED ON MINOR WAIL PARTIED TO MATCH OMANIO FINISH. (SECTOR 'CI TOP OF EXISTING ENCLOSURE EOSINS EQUIPMENT ENCLOSURE Ems' 40 -T' —PROPOSED LOCATION OF (2) OF (I) 1 X 4' PANEL /MEWS MOUNTED ON EXMOOR SNFD PA TO THATCH WIDOW WEST ELEVATION GRAPHIC SCALE 20' 0' 0 2V 40' (SCALE: 1' 20.-0') •p&r. tcd 6 rACBELL SWITCH NATIONAL CITY SITE NO.953.)10-024B TIN HIGHLAND AVE. NATIONAL CITY. CA 91910 5 AT&T AT&T WIRELESS SERVICES, INC. INGO COBWR C.Nm I 3 0 A 04/24/02 or/INNS W/16M3 04/04/O2 GTE ROARED PER FLNIPHECK GINNED MORON ®BED FOR 2OIWIE NWEO FOR ROW REASONS ROT ELF SOF 90 SR 0 O11N IPP'P SCALE AS SWORN IPEsnIED: SA' IPRAWII: TyF 2 ELEVATIONS JOB No. 24445 COMM NUMBER 953-010.024E-Z04 1 SPA, E NnTT. IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PIANO. PROPOSED CPS AND LUG SENSORS PROPOSED SCREENING TO MICH COSTING TOP .30.2PN.SORS E pa, TOP OF PROPOSED ENCLOSURE / ELEV. 40.-1' PROPOSED LOCATION OF (2)=X 4' PANEL MOUNTED ON EXTERIOR WALL. PAINTED TO MATCH BUILDING MESH 'SEC= 'Al EXISTING EQUIPMENT ENCLOSURE PROPOSED LOCATION OF (2) OF (6) IX 4' PANEL ANTENNAS MOUNTED ON mut= WALL PAINTED TO MATCH BUILDING FEM. / COSTING EQUIPMENT ENCLOSURE ..----_-_-_-_-_-_-_-- PROPOSED LOCATION OF (2) OF (6 f X 4' MB. WORMS MOUNDED ON EXTERIOR WAIL. PANTED TO MATCH WJILDING FINISH. IROcTON 101 NORTH ELEVATION PROPOSED ENS AND ULU SENSORS TOP OF COSTING ENCLOSURE S, PROPOSE) LCESTION OF (2) OF (6) 1' X 4' PANEL MITENNAS MOUNTED ON EXTERIOR WALL PAINED TO ILECH maw TOP OF EQUIPMENT TOP OF PARAPET 1) TOP OF ANTENNA ANTENNA RAD CENTER SOUTH ELEVATION GRAPHIC SCALE 20' 10 0 20' AO* (SCALE: I' 20.-01 GROUND LEVEL AI ELEV. 0.-0. (101' ASISL) (09P,kr.4tP.d 6 PACBELL SWITCH NATIONAL CITY SITE NO. 953.010-024B YIN HIGHLAND AVE NATIONAL CITY. CA 91910 AT&T AT&T WIRELESS SERVICES. INC. uSeJRn n/.24CeO =WM es ROM 5 I 4 3 01/24/02 DA/16/02 04/15/02 ON/NA/DO REVISES PM PIANCHECX OWNED ADDRESS ISSUED FOR SOROS SSLIED FOR ROOTER TNT SYS OAF ss SC ss SO DATE REvesIONS OF ERA APPil SCALE AS SHOWN I DOWNES SSE I DRAWN, SSE ELEVATIONS JOB NO. 24445 WSW, MOMS 953-010-024B-203 2 1 'DIE NOW IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PUNS. EXISTING LOADING DOCK GRAPHIC SCALE 30' S' 0 30' — I (SCALE: I" - 30'-01 62'-6' 0 3 5 S 7 TH STREET EXISTING CURB EXISTING PU r 75.49' EXISTING PLANTER 1 40.-2' EXISTING PARKING LOT EXISTING TRASH ENCLOSURE PftOPOSED COAXIAL CAKE r EXISITNG 6'-0' HIGH WALL CJ 49.125' EXISTING EQUIPMENT — ENCLOSURE poI 1 EXISTING PROPERTY BY OTHERS PROPOSED LOCATION OF (2) OF (B) I' X 4' PANEL A2/RPINES MOWED ON EXTERIOR WND. SEE AMNIA RAN ON SHEET 953-010-0240-Z02. 125.50' L PROPOSED LOCATION OF 4 ATE( NEM TELECOMMUNICATIONS ON TOP OFSEE EQUIPMENT PINS ON SHEET 953-010-02411-202 BUILDINGamm PROPOSED LOCATION CF (2) OF (0) 1' X 4' PANEL ANTENNAS MOUNTED ON EXTERIOR WALL. SEE ANTEMINN PAN ON SHEET 953-010-0240-202. 251.02' PROPOSED WOOS Of (2) OF (0) I' X 4' PANE. ANIENNNS MOUNTED ON IXIDOON WALL SEE ANTENNA PUN ON SHEET 953-010-0240-302. 60' NOTE E011RNEN, LOCATION IS SUBJECT TO CHANGE BASED ON THE RESULTS OF SRUCTURAL ANALYSIS. SITE / ROOF PLAN 8 2 HIGHLAND AVE elerated _,_,...->,u. 6 PACBELL SWITCH NATIONAL CITY SITE NO. 953-010-024B 716 HIGHLAND AVE. NATIONAL CITY. CA 91910 5 M, AT&T MAT WIRELESS SERVICES. INC. Lam PMF NASA DOA.[ menm. 4 NOVAS 4 T 3 A 04/24/D2 RI/TR/02 94/1R/0'1 D4/04/02 RFWSED PER SIANGltck owl= AONKSs ISSUED FOR 2aNN0 ISSUED FOR RENEW PST SF SK Sit m SS ss APP' SCALE AS SHOWN I DESDNEs OAF 1DRAWN:5W 2 SITE / ROOF PLAN 24445 r DRAWING LENDER 953-010-024B•201 1 Site Photographs • .„„, ..., ii:',;,,•:: ".i:::::::': -;:::::','';', ,, , ..,...,.. „ ... :,:::,„,::... ',I,;,,.:„'•::::.::::::i!...:•::,,,:',' ..,, .....-.-. l',:•,,,,,: -'),::::,,- ,:,;:, East elevation of the building North Elevation of the Building N „_- ',,/ \ \ \ ,,,)), _\ ..,\ I 1)LI ' \ 45, \ 0 \ ),2)))„,\_)); )\r)\-\--\ \--\\\\ \ - \ , \ \ \ \ ; \ \ .))\--;;\ ; \)))\) , . ikt‘3' / )(A \ ))-I'\' - \ ___--- \ \ \ ' ...---- \ " 0 \ _ ---;--A \ \ \ LA \ i, \--- V il\ ' \\ .--V-- .-----)--) ---; \ \ // ,,.' .----- . . . . V-- i .--v v --- \ ---vA.---------- \‘/, CD -A: _-- _ _-- \\ \ 25 0 location of one or more facilities in National City A facilities in unincorporated area p pending approval City limit \ \ );\ -1);\\--- 035p r \\\\v.„ A \ \ \ _-- \ -\\ , • \ \ \ ) air \ \ \ lor \ \ \ \ \ \ \ \ \ \ \ \ \ 0 \ \ a \\\\\\ \ 5up Wireless Communications Facilities 1000 0 1000 Feet !•"'?", National City Planning Dept. 9/25/02 Facility # APN Location Provider Applicant/Consultant Name Case File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna. 2 562-340-26 300 W 28th Street AirTouch Cellular AirTouch Cellular CDC Res. No. 94-28 75-foot monopole with three sector antennas and 450-sq foot equipment building. 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and equipment cabinet. 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1995-11 Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services CUP-1995-13 Located on roof of Quality Inn. PCS facility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet. Variance to exceed height limit. 7 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 8 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services CUP-1996-4 Located on roof of Paradise Valley Hospital. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 9 559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet CUP-1996-5 CDP-1996-3 Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets. 11 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services CUP-1996-7 Located atop the existing Plaza Bonita sign. PCS facility- three antennas and two equipment cabinets at base of sign. 12 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular CUP-1996-8 60-foot high monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an equipment cabinet at base. 13 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof. 14 564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications CUP-1997-8 Located atop Plaza Bonita sign. ESMR facility- nine antennas and equipment cabinet. . 15 554-050-15 2005 E 4th Street GTE Wireless Lettieri-Mclntyre & Associates CUP-1998-4 Located in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 16 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications CUP-1999-4 60-foot monopalm on vacant commercial lot. 17 556-471-24 801 National City Boulevard AT&T Wireless Services WFI CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 18 19 20 21 22 23 24 25 26 27p CUP-2000-4 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. Located atop Holiday Inn. Wireless communication facility with equipment cabinet. CUP 2000 8 561-360-35 18th and Newell Street Sprint Tim Kolset, WFI Located in Las Palmas Park. Monopalm and equipment along with live palms. CUP 2000 9 555-082-11 111. W 9th Street Sprint Tim Kolset, WFI Located atop 2-story Sid's Carpet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. Tlm Kolset, WFI CUP 2000 14 564-250-50 2435 Sweetwater Road Sprint Located at Sweetwater Inn. Global Positioning System with nine panel antennas. CUP-2000-11 Krystal Patterson, PlanCom CUP-2000-19 554-120-24 2701 E 8th Street PacBell Located at existing church. Antennas located in a 60-foot monument. AT&T Wireless Services CUP 2000 24 554-120-18 2701 E 8th Street AT&T Wireless Services Located at existing church. Antennas located in a 60-foot monument. Sprint Connor, Riley and Associates CUP-2002-8 12 panel antennas mounted on exterior of self -storage building painted to match; all equipment located inside of the buildings. CUP-2000-27 554-120-24 2701 E 8th Street SprintTim Kolset, WFI 562-330-43 152 W 33rd Street 28 29 30 31 32 33 34 35p i Located at existing church. Wireless communication facility- nine antenna and equipment building 0-30 555-053-17 700 National City Boulevard Skytel Corporation Moss & Associates, Incwith two indoor . CUP 2000-30 equipment cabinets. Located atop Holiday Inn Hotel. Wireless communication facility- 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna 559-040-53 1445 Tidelands Ave Nextel Communications, Inc. f each and equipment shelter. Nextel Communications, Inc. CUP-2000-31 40-foot monopalm with three sectors o four antennas ea 564-290-06 a WFI CUP-2001-2 3300 block Cagle Street Sprint Located t d at Sweetwater Heights Centennial Park Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park. 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 559-106-17 525 W. 20th Street Sprint Gianni & Associates Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. 556-473-18 242 E. 8th Street AT&T FIXED Wireless CUP-2001-3 CUP-2001-4 CUP-2001-6 Located atop an existing church.55Gianni & Associates CUP-2001-10 Sprint PCS Located on 303 Palm Avenue p one GPS antenna and a new equipment building. Located on National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc. Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. CUP 2002 2 556-590-61 1019 Highland Avenue Cingular Wireless PlanCom Located atop South Bay Plaza on an existing mechanical equipment screen. CUP-2001-12 36 563-231-38 1914 Sweetwater Rd. Cingular Wireless Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Center. PIanCnm CUP-2002-3 37p 564-290-06 3737 Sweetwater Rd. Cingular Wireless 72 foot tall monopine with standard equipment enclosure. PlanCom CUP-20@2-4 38p 560-320-15 2100 Highland Avenue Cingular Wireless Approximately 40 foot tall monopalm on a vacant lot with a standard equipment enclosure PlanCom CUP-2002-5 39p 556-101-15 241 National City Boulevard Cingular Wireless PlanCon, 12 panel antennas behind four new partial parapet walls atop an existing furniture store; four equipment cabinets outside COP-2002-6 40p 558-200-24 2417 L. 18th Street Cingular Wireless PlanCom Panel antennas located inside new light standards; equipment located inside existing commercial building. CUP-2002-1,. 41p 556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. CUP-2002-14 42p 563-010-47 2605 Highland Avenue Sprint Project Design Consultants Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. CI.:.'-2002-18 1u 563-063-29 2563 Grove Street Monopole located aside live palm trees. P91-026W 2u 563-184-47 2909 Shelby Drive 75-foot monopole and equipment building. P95-025 3u 563-062-17 2524 Prospect Street AT&T Wireless Services 35-foot monopalm with three sector directional antenna system and equipment cabinets. AT&T Wireless Services ZAP99-028 4up 564-310-32 3312 Bonita Heights Lane AT&T Wireless Services 50-foot monopalm with four arrays of one antenna each and equipment cabinet. Gianni & Associates ZAP00-133 5up 563-063-29 2563 Grove Street AT&T Wireless Services Four antennas mounted on an existing 52-foot monopole with 162-sq foot equipment enclosure. Gianni & Associates MUP91-026W2