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HomeMy WebLinkAbout2003 06-03 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — JUNE 3, 2003 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF APRIL 29, 2003 AND THE REGULAR MEETING OF MAY 20, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 6/3/03 PAGE 2 PRESENTATION Presentation by Frank Urtasun, Regional Public Affairs Manager, SDG&E, regarding 20-Year Resource Plan PUBLIC HEARINGS 1. Public Hearing — Adoption by reference of provisions of the County Code of Regulatory Ordinances concerning Permitting and Regulation of Wholesale Food Warehouses. (Building and Safety) ** Refer to Agenda Item # 12 ** 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. 2. Ordinance Introduction and Adoption. (City Clerk) 3. Resolution No. 2003-67 A Resolution of the City Council of the City of National City approving and adopting a Final Budget for Fiscal Year 2002-03. (City Manager) 4. Resolution No. 2003-68 A Resolution of the City Council of the City of National City supporting the Statewide adoption of the International Codes published by the International Code Council. (Building and Safety/Fire) COUNCIL AGENDA 6/3/03 PAGE 3 CONSENT CALENDAR (cont.) 5. Resolution No. 2003-69 A Resolution of the City Council of the City of National City approving Addendum Number One to the existing Agreement with BDS Engineering, Inc. to provide the City with additional engineering and environmental services and to assist implementing Jurisdictional Urban Runoff Management Program ("JURMP") in compliance with Regional Water Quality Control Board ("RWQCB") Order 2001- 01 (National Pollution Discharge Elimination System Permit for 2001-02), and authorizing the Director of Public Works/Engineering to execute the Addendum to the Agreement. Public Works/Engineering) 6. Resolution No. 2003-70 A Resolution of the City Council of the City of National City modifying Residential Parking District "A". (Public Works/Engineering) 7. Resolution No. 2003-71 A Resolution of the City Council of the City of National City authorizing the City to transfer its share of FY 2003/2004 Juvenile Accountability Incentive Block Grant Funds to the County of San Diego. (Police) 8. Resolution No. 2003-72 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for a Wireless Communications Facility at the Thrifty - Wash Laundromat at 2415 East 18th Street, with a Variance to allow construction within the required front and side yard setbacks. (Applicant: Cingular Wireless) (Case File No. CUP-2002-13/Z-2003-3) (Planning) 9. Resolution No. 2003-73 A Resolution of the City Council of the City of National City scheduling a Public Hearing to consider a Wastewater Rate Increase in each of the next three fiscal years and to consider placing wastewater billing on the property tax bills. (Public Works/Engineering) COUNCIL AGENDA 6/3/03 PAGE 4 CONSENT CALENDAR (cont.) 10. WARRANT REGISTER NO.46 (Finance) Ratification of Demands in the amount of $281,075.38 NON CONSENT RESOLUTIONS 11. Resolution No. 2003-74 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for the sale of beer and wine at Pat & Oscar's Restaurant at Plaza Bonita. (Applicant: Pat & Oscar's) (Case File No. CUP-2003-6) (Planning) ORDINANCES FOR ADOPTION 12. An Ordinance of the City Council of the City of National City incorporating by reference Sections 61.212 through 61.256 of the San Diego County Code of Regulatory Ordinances, pertaining to Wholesale Food Warehouses. (Building and Safety) ** Refer to Agenda Item #1 ** 13. An Ordinance of the City Council of the City of National City amending Title 9 of the National City Municipal Code by amending Chapter 9.38 pertaining to restricting the sale, display and promotion of tobacco products or cigarettes to minors. (City Attorney) 14. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code relating to business and franchise taxes by amending Chapters 6.04 (Business Taxes) and 6.20 (Residential Rental Taxes), recodifying and renumbering Chapter 6.70 into Title 4 as Chapter 4.50 relating to building construction fees, and repealing Chapters 6.14 (Adult Movies and Bookstores), 6.18 (Amusement Arcades), 6.22 (Auctions and Auctioneers), 6.24 (Bowling Alleys), 6.30 (Dance Halls), 6.34 (Delivery Services), 6.44 (Going out of Business Sales), 6.54 (Pawn Brokers), 6.60 (Swapmeets), 6.62 (Mobile Home Parks), 6.64 (Mobile Amusement Vehicles), 6.66 (Mobile Searchlight Advertising), 6.68 (Towing Services), 6.73 (Video Machines), and amending Title 10, by adding Chapter 10.57 regulating swapmeets. (Finance) COUNCIL AGENDA 6/3/03 PAGE 5 WRITTEN COMMUNICATIONS 15. Letter from Joseph Scarlatti, Westone Management Consultants, regarding initiation of a General Plan Amendment to allow the conversion of the Red Lion Inn to Condominiums. NEW BUSINESS 16. Notice of Decision — Planning Commission approval of a Variance for reduction in the number of required parking spaces for a restaurant in Sweetwater Medical Plaza at 1615 Sweetwater Road. (Applicant: Wen Ko) (Case File No. Z-2003-2) (Planning) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a duplex behind 840 "D" Avenue. (Applicant: Paris Houshmand) (Case File No. CUP-2003-2) (Planning) 18. Notice of Decision — Planning Commission approval of a Planned Development Permit for the Education Village between 8th Street, Plaza Boulevard, Roosevelt Avenue, and National City Boulevard, with a Variance to allow reduced setbacks, and reduced parking aisle widths. (Applicant: Southwestern College) (Case File No. PD-2003-1/Z-2003-3) (Planning) 19. Request to Use the Martin Luther King, Jr. Community Center by SANDAG. (Public Works/Engineering) 20. Selection of the Construction Management Services for the building of the new National City Library. (Public Works/Engineering) STAFF MAYOR AND CITY COUNCIL COUNCIL AGENDA 6/3/03 PAGE 6 NEW BUSINESS (cont.) CLOSED SESSION Public Employee Performance Evaluation — Government Code Section 54957 Title: Acting City Manager ADJOURNMENT Adjourned Regular Meeting — City Council Finance Committee — Review of 2003- 04 Preliminary Budget — June 10, 2003 — 9:30 a.m. — Large Conference Room, Civic Center Next Regular City Council Meeting — Tuesday — June 17, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE REFER TO AGENDA ITEM #12 City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE June 3, 2003 AGENDA ITEM NO. 1 ITEM TITLE Public Hearing: Adoption by reference of provisions of the County Code of Regulatory Ordinances concerning permitting and regulation of wholesale food warehouses. PREPARED BY Kathleen Trees 4213 DEPARTMENT Building & Safety EXPLANATION The County of San Diego has requested that the City Council adopt by reference certain sections of the County Code of Regulatory Ordinances pertaining to wholesale food warehouses. The adoption of these sections will allow them to regulate wholesale food warehouses in the City of National City. Attached is material explaining the problem and copies of the ordinances. Prior to adoption by reference of certain sections of the County Code of Regulatory Ordinance it is necessary by law to hold a public hearing. STAFF RECOMMENDATION Hold the public hearing BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. County letter of explanation and back up material Copy of ordinance Copy of County Ordinance • A-200 (9/80) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCORPORATING BY REFERENCE SECTIONS 61.212 THROUGH 61.256 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, PERTAINING TO WHOLESALE FOOD WAREHOUSES The City Council of the City of. National City ordains as follows: Section 1. Purpose and Intent. Wholesale food warehouses are not adequately regulated by the State of California. Recent inspections of some of these warehouses by the County of San Diego ("County") have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food -borne illness. The County has responded to these problems by enacting Ordinance No. 9525 (New Series), which establishes a mandatory permit program, a permit fee, and regulatory requirements applicable to wholesale food warehouses. The food stored in wholesale food warehouses is f`-equently distributed across city boundaries. An effective regional food warehoi: ;e permitting .and regulatory program requires enactment of a regulatory ordinance in this City that parallels the County ordinance, and cooperation between the City and the County to implement that ordinance. Section 2. County Enforcement of City Ordinance. The City has an agreement in place with the County that provides for certain services related to public health and sanitation to be provided by the County within the City. The City desires that the County also implement the permitting and regulatory program established by this ordinance. The City Manager is authorized to enter into any supplemental or modified agreement with the County that may be needed to affect this purpose. Section 3. Adoption of County Ordinance. Section 9.04.170 is added to the National City Municipal Code to read as follows: "Section 9.04.170. Wholesale Food Warehouses. The provisions of the County Code of Regulatory Ordinances concerning permitting and regulation of wholesale food warehouses, codified at sections 61.212 through 61.256 of the County Code, are incorporated into this Code by reference." Ordinance No. 2003 — May 6, 2003 Page Two Section 4. Fees. The County shall retain all fees and charges collected by it from regulated wholesale food warehouse owners or operators pursuant to the National City Municipal Code. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor GARY W. ERBECK DIRECTOR March 18, 2003 Oltnzntg of *at Pep DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (619) 338-2222 FAX (619) 338-2088 1-800-253-9933 www.sdcdeh.org Ms. Kathleen Trees, Building & Safety Director City of National City 1243 National City Blvd. National City, CA 91950-4031 RE: Cooperative Regional Regulation of Wholesale Food Warehouses RICHARD HAAS ASSISTANT DIRECTOR Dear Ms. Trees: Late last year the County received a number of complaints concerning conditions at wholesale food warehouses. The County investigated those complaints, and discovered ej fence of rodent infestations, mishandling of recalled food, and other conditions that could lead to foodborne illness. This is a problem for all of the cities in San Diego County, because wholesale food shipments routinely cross city boundaries. The County is unable to address this problem adequately based on state law. Retail food facilities are subject to a comprehensive state regulatory program that is administered by the County, but state law contains only a few basic sanitary requirements for most wholesale food warehouses. The County has responded to these problems by enacting a County ordinance. That ordinance was enacted with the support of the California Restaurant Association San Diego Chapter, the San Diego County Food and Beverage Association, and the California Independent Grocers and Convenience Stores, The ordinance establishes a mandatory permit program, with fees to support program costs. Facilities required to have permits must submit to regular inspections, and must comply with the substantive requirements set out in the ordinance. I have enclosed a copy of the County ordinance provisions. To be truly protective, this program needs to be applied countywide. To achieve that, the County has prepared a model City ordinance, for use by willing cities in San Diego. A copy is enclosed. Adoption of a City ordinance based on this model would incorporate the County program by reference, and establish a program within the City that parallels the County program. The model ordinance also authorizes the City Manager to enter into any supplemental or modified agreement with the County that might be needed to provide for County administration of this program. We request that you revise this model to conform to your ordinance adoption procedures, and propose adoption to your City Council. "Environmental and public health through leadership, partnership and science" 1 Ms. Kathleen Trees -2- March 18, 2003 City of National City The County would like to administer this program countywide, as it now administers other public health and environmental health programs. We believe the required framework for County administration is already in place. The County and the City already have an agreement in place under which the County provides services of this kind within the City, on a fee -supported basis. To support that arrangement, your city also has ordinance provisions in place that provide for the County to collect appropriate permit fees from businesses within the City that are subject to County administered regulatory programs. The County has incorporated a food warehouse fee into an update to the existing schedule of fees you have authorized the County to collect. Other County fees relevant to services provided by the County in your city have also been updated recently. In some cities these County fee updates become applicable automatically. In other cities, governing body action is needed to update County - related fees. We will be separately requesting that all cities that have not done so enact a local ordinance that provides for automatic fee updates. If you have any questions about the need for this program, or need any further assistance putting this program in place, please call Liz Quaranta, Chief of Food and Housing for DEF at (619) 338- 2360. The County could review and comment on draft materials, and would also be pleased to provide a speaker to assist you in presenting this matter for consideration by your City Council. Thank you for your assistance in better protecting the health of consumers in San Diego. S3rely, GARY W. E K, Director Department of • vironmental Health Attachments (2) The primary concern and purpose of the Food and Housing Division of the Department of Environmental Health is to. protect and ensure the wholesomeness of food consumed by the citizens of San Diego County. Our approach is to insure the protection and wholesomeness of our food supply from the farm to table. A lack of regular inspection of wholesale food warehouses leaves a missing link in the chain of food protection. Concerns: • Food from an approved source • Food contaminated by vermin activity • Food exposed to unsanitary conditions • Food safety and security 3 WHOLESALE WAREHOUSE SUPERMARKET RESTAURANT Wholesale Food Warehouses •- Oceanside Carlsbad Encinitas 5 Solona Beach Del Mar San Marcos Vista 2 0 3 11 Escondido 5 Poway 59 3 7 2 0 2 0 rr, San Diego Santee El Cajon La Mesa :Lemon Grove National City 'Coronado Chula Vista Imperial Beach !Unincorp. County • !AMAX J NS Praise for NIMBYs brings mixed response / 112 Food warehouses face scrutiny County iaApections will begin in June By Luis Manteaqudo Jr. STAFF WRITER From his warehouse in the Morena District. Bob Harrington provides green bell peppers and dried persim- mons to dozens of San Diego Cotnmys top restaurants But unlike those restaurants, Rae - rkigton's warehouse isn't inspected regularly by pubic health workers. That will change in June, when in- spec4ons start at the county s estimat- ed 200 food storage warehouses. The businesses will be charged $325 to $400 a year, based on their square fdotage. County officials said Harrington runs a clean place, but not everyone in his business does. More than two years ago, a tip led authorities to an El Cajon Badevard business where rodent feces were found inside food freezers, and meat and poultry were found gnawed by rodents. To prevent such lack of care,. San Diego County decided to start hasped - log warehouses that supply food to restaurants and supermarkets. "You go to a restaurant and look for an 'A card and you feel safe," said Vickie Church, a county environmen- tal health specialist. 'Now, it's taking it a step back and we are going to try to maintain the integrity of the food safety The program is possible because the state enacted a law in October 1999 giving local govermtents the authority to inspect wholesale food storage facili- ties Before, the state bad the job. • After the problems were uncovered. at the El Cajon Boulevard -warehouse in December 2000, the county looked into the newlaw. SEE Warehonses,B3 I WAREH0US S Los Angeles. Orange and San 'spect warehouses whotwicinspect a year. Bemacdino—that at- conduct- County stafferscheck the CONTINUED FROM PAGE DI ingwarehonseinsp--dons. restaurants also wl'll ..mot Business roUp s Some details are still being warehouses• y . decided, but the plan is to have Officials said they, helped develop the countyWooed warehonses planning to hire mar in the unincorporated areas . tors Instead, they ant. and in the region s cities. The inspections of some bu-E county program inspections will be of wholesale with a low risk of transferring facilities that store produce and food -borne illnesses,includingg The warehouse was closed other food_ bars that only t iquor an temporanly but later allowed' to : Facilities inspected by the coffee shops that sell only cot reopen after the owner pleaded 'state or other authorities will be fee and don't prepare food. se pro: guilty to five misdemeanor exempted. Those include busi- Harringto ' health code violations and messes that process -food, sea- vides as many as SOB deferent agreed to improve conditions. food and shellfish warehouses, foods to restaurants and hotels. .It since has changed owner- and places that store beverages The warehouse is inspected by ship in cans and sealed bottles. some of the businesseshe "hat is definitely something The inspections will be suni deals with, t_Harrington aid we visaed Co- (make sure) is lar'to the ones the county does sameot every Thiness is why r safe prevented in the future said at restaurants, a Program thatports the way. ThatcountY is h Program. Liz Quaranta, chief of the Food has won national recognition- and Housing Division in the San Diego County was the that "I don't see why anyone county Department of Environ- m the state to inspect mentalh ealt , rants and give outletter grades The county organized meet- in 1947. The county inspects ings with representatives of restaurants four limes a year warehouses and restaurant and and gives grades of A, B and C. I bar aern,'ations. From those Warehouses wont earn let meetings came a working ter grades, but inspectors will group of county officials and visit them and look for such business representatives who things as whether the food is developed' the Program, which being chilled or frozen at the the Board of Supervisors ap- proper temperatures and proved in December.whether the facility is free of es. Lids Monteaefudo: (6191542-4585 San Diego will join three rodents ou roty� goal is to in- Iuismonteagodowuniontdh.com • other California counties —e 'would want anyone to go mto a restaurant and not have a good experience," said Harrington, a co-owner of Specialty produce "I can't fathom it" Stephen Zolezzi, executive vice president of the San Dieg< Food and Beverage Associa lion, supports the warehoust inspections. 62 4 iV ke' 00' 1 � In brief . . e Secrets of the stock market — and space by must there al- ways be an expla- nation when the stock market goes up or down? When the market opened sharply lower yesterdayatthe opening bell, a wire service report attributed it to "worries thatthe United States may go to warwithoutU.N.backing."By midday the market had rallied. The wire service attributed that to "re- ports thatthe United States maybe closing in on al-Qaeda leader Osama bin laden." By late after- noon, the market retreated. The wire service blamed it on "dismal jobs data." And by the closing bell, bile market was up yet again, sup- posedly "on hopes that uncertainty about Iraq might soon end." We of- fer a simpler, all -encompassing ex- planation for the ups and downs of the Dow and the Nasdaq: When more stocks are bought than sold, the market goes up. When more are sold than bought, the market goes down. The rest, as they say, is conversation. e e e Since 1947, San Diego County has been inspecting restaurants and bars for compliance with food -handling regulations.. But the temperature at which restau- rant suppliers store foods can also determine how safe they are on a diner's plate. And where and how foods are stored can deter- mine whether they're an invita- don to hungry customers or scavenging rodents. The state used to inspect nearly all ware- houses. But a particularly unap- petizing episode at a local busi- ness a couple of years ago prompted county officials to check out a state law, passed in 1999, that allows localities to take over inspections of storage facilities for produce and some other foods. In December, county supervisors approved a program that local warehouse businesses had a hefty hand in crafting. It concentrates on ware- houses handling foods most sus- ceptible to contamination. So, starting in June, the county will inspect once a year — and even- tually twice — warehouses that supply foodstuffs to restaurants and bars. That may burden some small operations. But its purpose is to drive out rats, not busi- nesses. ♦♦♦ When an inflatable boatmotored toward the USS Cole in Yemen two years ago, nobody prevented it from pulling alongside and explod- ing,cripplingthe ship andkllhng 17 sailors. That explosion taught a costly lesson; punctuated by 9/11. The Navy is prudently expanding the security perimeters and barri- ers thatprotect military F.'ps an- chor, including those in San Bay. The Coast Guard will enforce the security zones, and anyone who enters them without official permission is subject to a fine or prison time. Better two years late (than never. ♦ e e Somewhere out there on the outer edges of the solar system, a tiny spacecraft journeys silentlyto- ward interstellar space. NASA en- gineers report that, after more than 30 years, the last has been heard from Pioneer 10. A very weak signal was received last month from the craft, which was 7.6 billion miles_ from Earth (82 times the distance between the Earth and the Sun). No signal was detected during the most recent contact attempt. Pioneer 10, which was built to last less than two years, will be remembered for being the first space probe to travel through the Asteroid Belt and send back pictures of Saturn and Jupiter, and the first to go beyond Pluto. On board the spacecraft is a gold plaque carved with the image of a man and woman and a message of goodwill from Earth to any other civilization it might reach. Warehouse Ordinance Elements ➢Permits ➢ Plan Review ➢ Temperature Requirements ➢ Sanitation ➢ Plumbing Structural ➢ Food Compartments ➢ Food Transport ➢ Permit ➢ Suspension/Revocation ATTACHMENT D(2) CLEAN VERSION OF ORDINANCE ORDINANCE NO. 9525 (NEW SERIES) AN ORDINANCE AMENDING PORTIONS OF TITLE 6 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FOOD AND HOUSING SEC. 61.211. WHOLESALE FOOD WAREHOUSES Sections 61.211 through Section 61.256 are to be known as the Wholesale Food Warehouse Ordinance. The Department of Environmental Health shall be and is hereby authorized and empowered to make inspections and issue permits to the owners and/or operators of wholesale food warehouses that hold or distribute food at wholesale. Section 13. Section 61.212 is hereby added to the San Diego County Code, to read as follows: SEC. 61.212. DEFINITIONS. Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section: (a) ADULTERATED. Having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased or injurious to health. (b) APPROVED. Acceptable to the Director based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles, practices and generally recognized industry standards that protect the public health. (c) APPROVED SOURCE. A producer, manufacturer, distributor, or food establishment that is acceptable to the Director based on the determination ofconformity with applicable laws, or in the absence of applicable laws, with current health principles and practices, and generally recognized industry standards that protect public health. (d) DIRECTOR. For the purposes of this chapter, "Director" shall mean the Director of the Department of Environmental Health of San Diego County and his/her designees. (e) EMBARGO. The legal control exercised by the Director over the use, sale, disposal or removal of any food. (f) EMPLOYEE. Any person working in a wholesale food warehouse, including managers and/or owners. (g) FOOD. Any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection or condiment for human or animal consumption. (h) GOOD MANUFACTURING PRACTICES. The practices for manufacturing, packing, or holding food described in Title 21 of the Code of Federal Regulations, Part 110. (i) IMMEDIATE DANGER TO THE PUBLIC HEALTH OR SAFETY. For the purposes of this section, any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission; a hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, no potable water supply, and vermin infestation; or an. employee who is a carrier of a communicable disease. Any food facility for which the permit is suspended shall close and remain closed until authorized to reopen by the Director or Health Officer. (j) IMPOUND. The legal control exercised by the Director over the use, sale, disposal or removal of any equipment or utensil. (k) POTENTIALLY HAZARDOUS FOOD. Any food that is capable of (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications or (2) supporting the growth or toxic production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below; foods that have a water activity (aW) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage; or food that has been shown by appropriate microbial challenge studies, the results of which are approved by the Director, not to support the rapid and progressive growth of infectious, toxigenic microorganisms that may cause food infections or food intoxications, or the growth of Clostridium botulinum. (1) REMODEL. For purposes of this chapter, remodel means any replacement, significant modification, or installation of walk-in refrigerators or freezers, toilet rooms, and sinks used for utensil washing. (m) WHOLESALE FOOD WAREHOUSE. Any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. "Wholesale Food Warehouse" does not include food processing establishments, retail food facilities, or warehouses where only packaged beverages or food in sealed cans or bottles is received, stored and shipped in the same package as received, without opening or modifying the original package. 2 Section 14. Section 61.213 is hereby added to the San Diego County Code, to read as follows: SEC. 61.213. VIOLATION OF ANY SECTION OF TIIIS CHAPTER IS A MISDEMEANOR. Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than $25 or more than $1000 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every day any violations of this chapter shall continue shall constitute a separate and distinct offense. Section 15. Section 61.214 is hereby added to the San Diego County Code, to read as follows: SEC. 61.214. NUISANCE —POWER OF DIRECTOR. Every wholesale food warehouse kept, maintained or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported in violation of this chapter is declared a public nuisance. The Director is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Director is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the Director shall inaugurate proceedings in accordance with Section 11.116, the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code, or shall seek a court order abating the nuisance. Nothing contained in this Code shall be deemed to limit the right and duty of the Director to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. Section 16. Section 61.215 is hereby added to the San Diego County Code, to read as follows: SEC. 61.215. PERMIT REQUIREMENT. A wholesale food warehouse shall not store, distribute, transport, ship, or otherwise handle food without all necessary permits, including a valid health permit. A wholesale food warehouse operating without the requisite permit may be subject to closure. Section 17. Section 61.216 is hereby added to the San Diego County Code, to read as follows: SEC. 61.216. PLAN REVIEW AND PERMITS. 3 Any person proposing to build or remodel a wholesale food warehouse shall submit complete construction plans, drawn to scale, and specifications to the Environmental Health Department for review and approval before starting construction or remodeling. Any construction shall be in accordance with applicable health and building codes. The Building Department shall not issue a building permit for a wholesale food warehouse until after it has received approval by the Environmental Health Department. Those facilities constructed prior to January 1, 2003 shall not be subject to plan review and construction upgrades unless the equipment, building or facilities are in disrepair, creating a public health nuisance, or undergoing remodeling. Section 18. Section 61.217 is hereby added to the San Diego County Code, to read as follows: SEC. 61.217. POSTING OF PERMIT. A wholesale food warehouse shall post its health permit in a conspicuous place in the establishment. Section 19. Section 61.218 is hereby added to the San Diego County Code, to read as follows: SEC. 61.218. RIGHT TO INSPECT. The Director may enter and inspect, any wholesale food warehouse or any place suspected of being a wholesale food warehouse and may issue inspection reports, official notices, and secure any sample, photograph or other evidence for the purpose of enforcing this chapter. Section 20. Section 61.219 is hereby added to the San Diego County Code, to read as follows: SEC. 61.219. RESISTING OR DISOBEYING A DIRECTOR PROHIBITED. No person shall refuse, resist or attempt to resist the entry of the Director into any establishment, facility, railway car, stage, vehicle, building, room, lot, place, or portion thereof in the County in the performance of his or her duty. No person shall refuse to obey any lawful order of the Director, made in the performance of his or her duties, within the power conferred upon him or her by state law or by this chapter. Section 21. Section 61.220 is hereby added to the San Diego County Code, to read as follows: SEC. 61.220. INSPECTION REPORT AND HEARING. 4 The Director shall prepare a written report of inspection and a copy shall be supplied or mailed to the permittee of the facility inspected. If the permittee fails to comply with the requests of the Director, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. Section 22. Section 61.221 is hereby added to the San Diego County Code, to read as follows: SEC. 61.221. PERMIT SUSPENSION. A health permit may be immediately suspended for repeated violations of this chapter, interference with the Director in the performance of his or her duty, or the presence of an immediate danger to the public health or safety unless the danger. is immediately corrected. Section 23. Section 61.222 is hereby added to the San Diego County Code, to read as follows: SEC. 61.222. PERMIT SUSPENSION NOTICE. Whenever a permit is suspended for violating this chapter, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged and informing the permittee of the right to a hearing. 5 Section 24. Section 61.223 is hereby added to the San Diego County Code, to read as follows: SEC. 61.223. SUSPENDED PERMIT REINSTATEMENT. A permit that has been suspended for violations of this chapter may be reinstated, if the Director determines that conditions which prompted the suspension no longer exist. Section 25. Section 61.224 is hereby added to the San Diego County Code, to read as follows: SEC. 61.224. PERMIT REVOCATION. The Director may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter, interference in the performance of the duty of the Director, or an immediate danger to the public health or safety. Any wholesale food warehouse for which the permit has been revoked shall close and remain closed until a new permit has been issued. Section 26. Section 61.225 is hereby added to the San Diego County Code, to read as follows: SEC. 61.225. APPEAL OF REVOCATION. A person aggrieved by the denial to of a permit may appeal from such denial to the Board of Supervisors in the manner set forth in Section 61.126. Section 27. Section 61.226 is hereby added to the San Diego County Code, to read as follows: SEC. 61.226. RIGHT TO IMPOUND. The Director may impound any equipment or utensil in a wholesale food warehouse, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Director may place a tag on impounded equipment or utensils that shall be removed only by the Director. Section 28. Section 61.227 is hereby added to the San Diego County Code, to read as follows: SEC. 61.227. RIGHT TO EMBARGO. The Director may embargo any food suspected of being adulterated, unfit for human consumption, misbranded, or falsely advertised. The embargoed food shall be identified with a tag, detained, released or discarded. 6 Section 29. Section 61.228 is hereby added to the San Diego County Code, to read as follows: SEC. 61.228. RELEASE FROM IMPOUND OR EMBARGO. The Director shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Director. Section 30. Section 61.229 is hereby added to the San Diego County Code, to read as follows: SEC. 61.229. RESPONSIBILITY FOR VIOLATIONS. The owner, manager or operator of any wholesale food warehouse is responsible for any violation of this chapter by his or her employee. Section 31. Section 61.230 is hereby added to the San Dieg County Code, to read as follows: SEC. 61.230. HEARING PROCEDURES. Hearings shall be held regarding non-compliance with this chapter in the following manner: (a) Director requirement. The Director may require the owner, operator or manager of a wholesale food warehouse to attend an administrative hearing to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to food facilities. (b) Request of facility owner, operator or manager. The owner, operator or manager of a wholesale food warehouse may request an administrative hearing to discuss events related to the enforcement of the provisions of this chapter at his or her food facility. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) Hearing rules and procedures and appeal are pursuant to section 61.125, 61.126. and 61.127. 7 Section 32. Section 61.231 is hereby added to the San Diego County Code, to read as follows: SEC. 61.231. FOOD HANDLING. All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable federal and state laws and regulations including: Good Manufacturing Practices; the Food Sanitation Act; Sherman Food, Drug and Cosmetic Law; the California Business and Professions Code; and applicable sections of Title 17 of the California Code of Regulations. Preparation of food at wholesale shall only take place within a facility approved by and under the jurisdiction of the appropriate state or federal agency. Preparation of food includes the wholesale packaging or processing of unpackaged food, but does not include the trimming of or packaging of whole uncut produce. Section 33. Section 61.232 is hereby added to the San Diego County Code, to read as follows: SEC. 61.232. TEMPERATURE REQUIREMENTS. Potentially hazardous foods shall be maintained at a temperature at or below 41 degrees Fahrenheit or at or above 140 degrees Fahrenheit, except for the following: (a) Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 45 degrees Fahrenheit. (b) Frozen foods shall be maintained in a frozen state. (c) Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 45 degrees Fahrenheit. (d) Raw shell eggs shall not be stored or displayed at an ambient temperature above 45 degrees Fahrenheit. Section 34. Section 61.233 is hereby added to the San Diego County Code, to read as follows: SEC. 61.233. ICE When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with Good Manufacturing Practices. Section 35. Section 61.234 is hereby added to the San Diego County Code, to read as follows: SEC. 61.234. EMPLOYEE SANITARY PRACTICES. No employee shall commit any act that may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment. Section 36. Section 61.235 is hereby added to the San Diego County Code, to read as follows: SEC. 61.235. GENERAL SANITATION REQUIREMENTS. All wholesale food warehouses including all equipment, utensils, facilities, and exterior grounds shall be kept clean, free from vermin, fully operative, and in good repair. Section 37. Section 61.236 is hereby added to the San Diego County Code, to read as follows: SEC. 61.236. ANIMALS OR FOWL PROHIBITED. No live animal or fowl shall be kept or allowed in any wholesale food warehouse where food is prepared, manufactured, kept, stored, distributed, offered for sale, or sold. This section does not apply to dogs used by the blind, signal dogs, service dogs, such dogs in training under proper supervision, dogs under the control of imiformed law enforcement officers, or dogs under the control of uniformed employees of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment as private patrolmen. Section 38. Section 61.237 is hereby added to the San Diego County Code, to read as follows: SEC. 61.237. PLUMBING. Plumbing shall be installed according to the Uniform Plumbing Code and shall be protected from backflow, kept clean, fully operative, and in good repair. An adequate, protected, pressurized, potable water supply shall be provided. The water supply shall be from a water system approved by the Director or the state department. 9 Section 39. Section 61.238 is hereby added to the San Diego County Code, to read as follows: SEC. 61.238. SEWAGE DISPOSAL. Sewage disposal shall be made into an approved sewerage system. Wastewater disposal shall comply with National Pollutant Discharge Elimination System (NPDES) and local wastewater treatment district standards. Section 40. Section 61.239 is hereby added to the San Diego County Code, to read as follows: SEC. 61.239. SANITARY SUPPLIES AND SIGNS. (a) Toilet tissue shall be made available in permanently mounted dispensers at each toilet. (b) Each hand -washing sink shall be provided with a permanently mounted dispenser supplied with single service soap, and a permanently mounted single service towel dispenser or other approved hand -drying device. (c) Signs shall be posted directing employees to properly wash their hands after using the toilet. Section 41. Section 61.240 is hereby added to the San Diego County Code, to read as follows: SEC. 61.240. RUBBISH, OFFAL, GARBAGE, AND PUTRESCIBLE MATTER (a) Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize development of odor, minimize the potential for the waste becoming an attractant, harborage, or breeding place for vermin; protect against contamination of food, food contact surfaces, water supplies, and ground surfaces; and prevent the creation of any other nuisance. (b) Any garbage and putrescible matter shall be maintained in leakproof receptacles with close fitting lids. Such receptacles shall be thoroughly cleaned each time their contents are removed. (c) Adequate means shall be provided to prevent overflows of the refuse bin containers. Refuse pick up service shall be regular (not to exceed seven days). The size and/or number of refuse bin containers shall be adequate to prevent the creation of a nuisance. 10 Section 42. Section 61.241 is hereby added to the San Diego County Code, to read as follows: SEC. 61.241. RETURNED OR DAMAGED FOODS. All returned or damaged food and food products shall be safe and wholesome before return to inventory storage for distribution or sale. Section 43. Section 61.242 is hereby added to the San Diego County. Code, to read as follows: SEC. 61.242. CONSTRUCTION AND EQUIPMENT. It is unlawful to operate a wholesale food warehouse unless such operation is within buildings capable of being fully enclosed with floors, walls and overhead structure in compliance with this chapter. All buildings shall be of sound construction in accordance with all applicable codes; designed and maintained so as to provide proper drainage, plumbing, lighting, and ventilation. Section 44. Section 61.243 is hereby added to the San Dien County Code, to read as follows: SEC. 61.243. FLOORS. The floor surfaces in walk-in refrigerators and freezers, food storage areas, utensil washing areas, refuse or garbage storage areas, and toilet rooms shall be of such construction and material so as to be smooth; impervious to water, grease and corrosives; and easily cleanable. A minimum four inch (4") high approved coved base with a minimum three -eighths inch (3/8") radius shall be provided at the juncture of the wall and floor, except in refuse or garbage storage and warehouse areas. Section 45. Section 61.244 is hereby added to the San Diego County Code, to read as follows: SEC. 61.244. WALLS. Walk-in refrigerators and freezers, utensil -washing areas and toilet rooms shall have walls which are smooth, nonabsorbent, and have a washable finish. Section 46. Section 61.245 is hereby added to the San Diego County Code, to read as follows: SEC. 61.245. CEILINGS. The ceilings in walk-in refrigerators, walk-in freezers, utensils washing areas and toilet rooms shall be smooth, nonabsorbent and have a washable finish. 11 Section 47. Section 61.246 is hereby added to the San Diego County Code, to read as follows: SEC. 61.246. VENTILATION. (a) Approved ventilation shall be provided throughout the establishment to keep all areas reasonably free from excessive heat, steam, condensation, smoke, and vapor, and to provide reasonable comfort for all employees. (b) Toilet rooms and janitorial rooms shall be provided with an openable screened window, mechanical ventilation, or other approved ventilation system. Section 48. Section 61.247 is hereby added to the San Diego County Code, to read as follows: SEC. 61.247. VERMIN PROOFING. Wholesale food warehouses shall at all times be so constructed, equipped, maintained and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. Section 49. Section 61.248 is hereby added to the San Diego County Code, to read as follows: SEC. 61.248. SANITARY FACILITIES. (a) Employee handwash lavatories shall be provided within or adjacent to toilet rooms. Warm running water under pressure of at least 100 degrees Fahrenheit shall be provided through a mixing valve or combination faucet. Spring operated faucets are not permitted. (b) Separate toilet facilities for each sex are required if there are five or more employees per shift. Urinals may be substituted for toilets in toilet rooms for males but shall not exceed one-third (1/3) of the required number of toilets. Required number of toilets and hand washing sinks are dependent upon the number of employees in accordance with the Uniform Plumbing Code. Toilet rooms shall be separated from other portions of the wholesale food warehouse by well -fitting, properly labeled, self -closing doors. (c) All utensils used for handling unpackaged food or the trimming of produce shall be washed, rinsed, and sanitized in an approved three -compartment utensil -washing sink. A two -compartment sink may be used when alternative approved sanitation methods are used. Utensil -washing sinks shall be equipped with a supply of hot (minimum 120 degrees Fahrenheit) and cold running water under pressure through a mixing valve or combination faucet. 12 Section 50. Section 61.249 is hereby added to the San Diego County Code, to read as follows: SEC. 61.249. FOOD STORAGE. Adequate warehousing/storage facilities shall be provided for the storage or distribution of food. All food shall be properly stored a minimum of six inches (6") above the floor on shelving. Pallets may be used in lieu of shelving if equipment is available on demand to move the pallets. All storage racks and equipment for the storage of food or food products shall be constructed, and all sacks, boxes and other food containers shall be so arranged as to permit and facilitate the flushing with water, other cleaning and inspection of storage room floors and walls. At least twelve inches (12") of unobstructed space from the wall shall be provided in warehouse storage areas. Section 51. Section 61.250 is hereby added to the San Diego County Code, to read as follows: SEC. 61.250. JANITORIAL FACILITIES. The following janitorial facilities are•required at a wholesale food warehouse: (a) A room, area, or cabinet, separated from any food or utensil -washing area, shall be provided for the storage of cleaning equipment and supplies such as mops, buckets, brooms, and cleaners. (b) At least one of the following, provided with hot (at least 120 degrees Fahrenheit) and cold water under pressure through a mixing valve, to be used for general cleaning purposes and for the disposal of mop bucket waste and other liquid wastes: (1) A one -compartment, non -porous janitorial sink/mop sink (stainless steel, porcelain or fiberglass). (2) A slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain, connected to approved sewerage. Section 52. Section 61.251 is hereby added to the San Diego County Code, to read as follows: SEC. 61.251. REFRIGERATORS AND FREEZERS. (a) Each wholesale food warehouse where potentially hazardous food is packaged, stored, distributed, or held for transfer must have adequate approved refrigeration. (b) Each refrigeration unit shall be equipped with accurate, readable thermometers. 13 Section 53. Section 61.252 is hereby added to the San Diego County Code, to read as follows: SEC. 61.252. ICE MACHINES. All icemakers shall be located within the approved wholesale food warehouse. Condensate and ice melt shall be drained to an approved floor sink by means of an indirect connection. Section 54. Section 61.253 is hereby added to the San Diego County Code, to read as follows: SEC. 61.253. FLOOR SINKS. Floor sinks shall be properly plumbed and installed with the sink top flush with the floor surface. All condensate and similar liquid waste shall be drained by means of a rigid indirectly connected waste lines into open floor sinks, or as approved by the Director. Horizontal runs of drain lines shall be at least six inches (6") off the floor, sloped toward floor sinks at a rate of one quarter inch (1/4") per foot, and shall terminate at least one inch (1") above the overflow rim of the floor sink. Floor sinks shall be located so that they are readily accessible for inspection, cleaning, and repairs, and not located in a walkway. Waste lines shall not cross any. aisle, traffic area, or door opening. Floor sinks are not permitted inside walk-in units unless they are indirectly connected to the sewer system through a legal air gap. Section 55. Section 61.254 is hereby added to the San Diego County Code, to read as follows: SEC. 61.254. AISLES AND WORK SPACE. Aisles or working spaces between equipment or between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties in accordance with local building and fire codes. Section 56. Section 61.255 is hereby added to the San Diego County Code, to read as follows: SEC. 61.255. FLOOR DRAINS. Adequate floor drains shall be provided in all areas where floors are subject to flooding -type cleaning or where normal operations release or discharge water or other liquid waste on to the floor. 14 Section 57. Section 61.256 is hereby added to the San Diego County Code, to read as follows: SEC. 61.256. TRANSPORTATION OF FOOD. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected from contamination. All potentially hazardous foods shall also be kept at a temperature pursuant to SEC. 61.232 (TEMPERATURE REQUIREMENTS). All vehicle food compartments shall be maintained clean, sanitary, and in good repair. 15 AGENDA ITEM #2 6/3/03 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk it Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd ® Recycled Paper City of National City, Catiforniaa COUNCIL AGENDA STATEMENT EETINC DATE June 3, 2003 TEM TVTLE PREPARED BY EXPLANATION AGENDA ITEM NO. 3 RESOLUTION APPROVING AND ADOPTING FINAL BUDGET FOR FISCAL YEAR 2002-03 Park Morse, Act ig CMDEPARTMENT 336-4240 City Manager The Finance Committee considered the proposed 2002-03 Fiscal Year Budget and on June 18, 2002 by Resolution No. 2002-87, the City Council approved a preliminary budget reflecting the Committee's recommendations and amendments. The Final Budget is now constituted and ready for final adoption. Total budget appropriations are established at $52,377,263, which provides a balanced financial program for the 2002-03 fiscal year. Envirorm ent& Review X NIA nciai Statement Final Budget Document Approved By; Finance Director Account No. STAFF RECOMMENDATION Adopt the Final Budget for Fiscal Year 2002-03. ARC / COMMISSION t FCOMMENl ATION N/A ATTACHMENTS (t..isted I i apt j 200 Relotion No, 2003-67 1. Resolution 2. Preliminary Budget vs. Final Budget Summary of Budget Changes RESOLUTION NO. 2003 — 67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 2002-03 WHEREAS, the City's Finance Committee has reviewed the proposed budget as submitted by the City Manager; and WHEREAS, by Resolution No. 2002-87 the City Council approved a preliminary City budget for Fiscal Year 2002-03 on June 18, 2002. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that a final budget for the City of National City is hereby approved for fiscal year 2002-03. A copy of said budget is on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 3rd day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney FINAL BUDGET Summary of Budget Changes Fiscal Year 2002-03 Department Preliminary Budget Final Budget Budget Changes Justification Council Approved Council Approved (+) or (-) City Council 295,645 297,843 2,198 Compensation & Benefit Adjustment City Clerk -Operations 97,873 100,885 3,012 Compensation & Benefit Adjustment City Clerk -Records Mgmt. 85,715 84,621 (1,094) Compensation & Benefit Adjustment City Clerk -Election 12,000 12,000 0 City Manager 571,435 620,455 49,020 Compensation & Benefit Adjustment Revenue & Recovery 140,064 144,926 4,862 Compensation & Benefit Adjustment Fiscal Services 121,615 130,158 8,543 Compensation & Benefit Adjustment General Accounting Services 577,209 602,514 25,305 Compensation & Benefit Adjustment Unemployment Insurance 38,318 38,318 0 Personnel Compensation 249,228 249,228 0 City Attorney 422,526 466,111 43,585 Compensation & Benefit Adjustment Planning 697,981 731,563 33,582 Compensation & Benefit Adjustment Personnel 0 0 0 General Services 280,014 289,773 9,759 Compensation & Benefit Adjustment Non -Departmental 455,260 455,260 0 City Treasurer 28,083 28,292 209 Compensation & Benefit Adjustment Police 12,928,235 13,658,415 730,180 Compensation & Benefit Adjustment Fire Operations 4,890,923 4,917,516 26,593 Compensation & Benefit Adjustment Building & Safety 417,797 434,254 16,457 Compensation & Benefit Adjustment Management Information Sys. 136,495 143,421 6,926 Compensation & Benefit Adjustment Risk Management ' 1,782,061 1,791,005 8,944 Compensation & Benefit Adjustment Public Works -Engineering 1,094,247 1,141,116 46,869 Compensation & Benefit Adjustment Public Works -Operation 0 0 0 Public Works -Streets 1,634,508 1,666,175 31,667 Compensation & Benefit Adjustment Public Works -Sewer 6,094,591 6,120,406 25,815 Compensation & Benefit Adjustment Public Works -Refuse 149,003 151,21; 2,213 Compensation & Benefit Adjustment Public Works-Fac. Maint. 1,693,389 1,715,460 22,071 Compensation & Benefit Adjustment Public Works-Eqmt.Maint. 1,203,388 1,222,792 19,404 Compensation & Benefit Adjustment Library 1,204,618 1,244,701 40,083 Compensation & Benefit Adjustment Library Capital Outlay 45,000 45,000 0 Emergency Preparedness 15,000 15,000 0 Parks & Rec. Capital Outlay 1,181 1,222 41 Internal Charges Adjsutment Recreation 1,146,165 1,174,348 28,183 Compensation & Benefit Adjustment Street Trees Maintenance 97,563 99,226 1,663 Compensation & Benefit Adjustment Info. Systems Maintenance 626,263 634,984 8,721 Compensation & Benefit Adjustment Office Equip. Depreciation 979,184 979,184 0 1FINAI RDsT 035/27/03 Park Maintenance 754,222 784,214 29,992 Compensation & Benefit Adjustment Local Transit 2,439,944 2,610,132 170,188 Maintenance & Operation Adjustment C.I.P. 7,136,556 6,616,556 (520,000) CIP Project Adjustment POST Fund 100,000 100,000 0 Productivity Improvement 15,000 15,000 0 Civic Center Refurbishing 200,000 200,000 0 Telecomm. Rev. Fund 309,231 315,536 6,305 Compensation & Benefit Adjustment Street Trees 2,234 2,234 0 CDBG 127,867 201,522 73,655 Comp/Benefit/Maint. & Oper. Adjust. Prop A 119,529 124,681 5,152 Compensation & Benefit Adjustment GRAND TOTAL 51,417,160 52,377,263 960,103 2 F I NA L B D GTO.,:,/27/03 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2003 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City supporting the statewide adoption of the International Codes published by the International Code Council PREPARED BY Kathleen Trees 4213 DEPARTMENT Building & Safety Don Condon 4552 Fire EXPLANATION The California Building Standards Commission is in the process of selecting the model codes to be used as the base codes for the State of California Title 24 Building Standards. They are currently looking at the International Building and Fire Codes and the NFPA Building and Fire Codes. Previously the State has adopted the Uniform Building and Fire Codes. The merger of the three national code groups into the International Code Council has resulted in the elimination of the Uniform Codes in favor of a combined code called the International Code. This Code has been adopted by 46 States, the District of Columbia and by federal agencies. The League of California Cities is recommending the International Codes for the following reasons: • A survey of the membership resulted in overwhelming support for the ICC Codes (85.56% of the Fire Chiefs and 88.54% of the Building Officials) • A technical review resulted in overwhelming recommendation for the ICC Codes • The ICC code development process offers better local government participation • A review by the State of Oregon has determined that adoption of the NFPA Codes would increase the cost of construction by 5% to 8%. • No substantiation has been presented for making a significant change in California to the new NFPA codes which would require significant re-training for fire and building officials as well as architects, engineers, and others complying with California fire and building requirements. (NFPA training is significantly more expensive than ICC training). A change to the new NFPA model codes would take California out of sync with surrounding states and most of the United States.. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the resolution ,.7)r n _ BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-68 Resolution A-200 (9/80) RESOLUTION NO. 2003 — 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF NATIONAL CITY SUPPORTING THE STATEWIDE ADOPTION OF THE INTERNATIONAL CODES PUBLISHED BY THE INTERNATIONAL CODE COUNCIL WHEREAS, the codes published by the International Conference of Building Officials ("ICBO") have been successful in ensuring a high level of public health, safety and welfare in building construction for the citizens of California for over 70 years; and WHEREAS, the three major model code organizations including ICBO joined to consolidate into the International Code Council ("ICC") and produce the ICC International Codes as a single set of building and fire safety codes for nationwide and international use instead of three; and WHEREAS, one or more of the ICC International Codes are used in 46 states, the District of Columbia, and by federal agencies; and WHEREAS, adopting the ICC International Codes with nationwide usage is necessary to maintain a competitive economic environment for business and housing in the State of California and in the City of National City; and WHEREAS, adoption of the ICC International Codes has been endorsed by leading building industry groups and professional organizations, including: • National Association Home Builders (NAHB) • California Building Industry Association (CBIA) • Building Owners and Managers Association (BOMA) • - National Apartment Association • National Multi -Housing Council • International City Managers Association (ICMA) • American Institute of Architects (AIA) • California Building Officials (CALBO) WHEREAS, the ICC International Codes are developed through an open, inclusive and balanced process that ensures the participation of all interested parties while maintaining the final determination of code provisions beyond the control of vested and proprietary interests and with Building and Fire Code Officials dedicated to the preservation of the public health, safety and welfare in our community; and Resolution No. 2003 — 68 Page Two WHEREAS, the accessibility provisions in the ICC International Codes have been developed to comply with the federal American with Disabilities Act and are approved as a safe harbor for complying with federal Fair Housing Act Guidelines; and WHEREAS, local jurisdictions such as the City of National City are responsible for enforcing building and fire codes for approximately 95% of the buildings in the State of California; and WHEREAS, local jurisdictions should have commensurate participation in the decision as to which codes for building and fire life safety are adopted in the State of California on behalf of our communities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Declares its support for adoption of the ICC International Codes for all building and fire safety codes by the California Building Standards Commission for use in the State of California and the City of National City; and 2. Directs the City Clerk to forward this resolution to Governor Gray Davis and the California Building Standards Commission; and 3. Directs the City Clerk to forward this resolution to the League of California Cities, California Building Officials, California Fire Chiefs Association, International Code Council, and other appropriate governmental and private organizations for the purpose of encouraging adoption of the ICC International Codes; and 4. Directs the City Manager, Fire Chief, Fire Marshal and Chief Building Official to represent the citizens of National City in the pursuit, to the greatest extent possible, of the adoption of the ICC International Codes for use in the State of California and the City of National City. PASSED and ADOPTED this 3rd day of June, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: IC Michael Della, City Clerk George H. Eiser, Ill, City Attorney EETING DATE June3, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 (-ITEM TITLE A RESOLUTION APPROVING ADDENDUM NUMBER ONE TO THE EXISTING AGREEMENT WITH BDS ENGINEERING TO PROVIDE THE CITY WITH ADDITIONAL ENGINEERING AND ENVIRONMENTAL SERVICES AND TO ASSIST IMPLEMENTING JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM (JURMP) IN COMPLIANCE WITH THE RWQCB ORDER 2001-01 (NPDES PERMIT FOR 2001-02) AND AUTHORIZE THE DIRECTOR OF THE PUBLIC WORKS/ENGINEERING TO EXECUTE THE ADDENDUM TO THE AGREEMENT PREPARED BT Din Daneshfar DEPARTMENT Public Works/Engineering 336-4387 EXPLANATION See attached explanation. 1 Environmental Review X N/A (-Financial Statement Approved By: Finance 1:i ector This agreement is for a "Not to Exceed" amount of $99,250. Funds are available in Account No. 001-422-000-29 STAFF RECOMMEND T Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2003-69 2. Proposed Addendum Number One (3 original copies) A-200 (9. 99) EXPLANATION: Environmental Protection Agency (EPA) with assistance from the San Diego Regional Water Quality Control Board (SDRWQCB) conducted a program evaluation of three of the twenty copermittees implementing the San Diego Area Stormwater Program in February 2003. The City of National City's National Pollutants Discharge Elimination System (NPDES) program was one the three copermittees's programs that was evaluated in the San Diego Region. The purpose of the program evaluation was to determine the City's compliance with the NPDES permit, and to evaluate the current implementation of the City's Jurisdictional Urban Runoff Management Program (JURMP) with respect to EPA's stormwater regulations. The program evaluation also included an in -field verification of the program implementation. EPA's ultimate goal is to evaluate all of the twenty copemittees NPDES programs in the San Diego Region. On April 11, 2003, we received a report from the SDRWQCB regarding the results of the City's NPDES program evaluation which identified several program deficiencies, that could be summarized as follows: • City Depar Lurents shall be more familiar with the adopted Standard Urban Storm Water Mitigation Plan (SUSMP) • City shall assess its implementation efforts tc address the eft`ectiveness of its JURMP • City inspection staff will need additional training in compliance with its JURMP. • City shall evaluate its residential and public participation programs in details. In FY 02-03, the Supplemental Agreement Number Two was executed between the City and BDS Engineering for the implementation of the City's NPDES program. This firm is familiar with the City's proposed program, storm drain system, and the NPDES permit requirements. Based upon the EPA's evaluation report, we have requested a proposal from BDS to provide additional services to comply with the requirements of the report. BDS engineering has proposed a plan, outlined and scheduled in Exhibits "A", and "B" to continue implementation of the NPDES program consistent with the evaluation results and the requirements of the report. The work can be accomplished through the proposed Addendum Number One to the existing Supplemental Agreement Number Two. The scope of work is attached as part of the Addendum Number One that is being presented to the Council for approval. The fee for performing the work is a "Not to Exceed" amount of $99,250.00 which will be added to the original contract amount $177,000. The total new contract amount will be increased to $276,250. RESOLUTION NO. 2003 — 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING ADDENDUM NUMBER ONE TO THE EXISTING AGREEMENT WITH BDS ENGINEERING, INC. TO PROVIDE THE CITY WITH ADDITIONAL ENGINEERING AND ENVIRONMENTAL SERVICES AND TO ASSIST IMPLEMENTING JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM ("JURMP") IN COMPLIANCE WITH REGIONAL WATER QUALITY CONTROL BOARD ("RWQCB") ORDER 2001-01 (NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT FOR 2001-02), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE THE ADDENDUM TO THE AGREEMENT WHEREAS, in 2003, with assistance from San Diego Regional Water Quality Control Board ("SDRWQCB"), the Environmental Protection Agency ("EPA") conducted a program evaluation of National City's implementation of the San Diego Area Stormwater Program; and WHEREAS, the report from the SDRWQCB regarding the results of the City's National Pollution Discharge Elimination System ("NPDES") Permit program evaluation identified several program deficiencies, summarized as follows: • City Departments shall be more familiar with the adopted Standard Urban Storm Water Mitigation Plan ("SUSMP"); • City shall assess its implementation efforts to address the effectiveness of its JURMP; • City inspection staff will need additional training in compliance with its JURMP; and • City shall evaluate its residential and public participation programs in detail. WHEREAS, in Fiscal Year 2002-03, Supplemental Agreement Number Two was executed between the City and BDS Engineering, Inc: for the implementation of the City's NPDES program; and WHEREAS, Addendum No. One to Supplemental Agreement Number Two will provide additional services to comply with the requirements of the SDRWQCB evaluation report. Resolution No. 2003 — 69 June 3, 2003 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves Addendum No. One to Supplemental Agreement Number Two- between the City and BDS Engineering, Inc. to provide the City with additional engineering and environmental services, and to assist implementing the Jurisdictional Urban Runoff Management. Program ("JURMP") in compliance with the RWQCB Order 2001-01 (NPDES Permit for 2001-02). BE IT FURTHER RESOLVED that the City Council hereby authorizes the Director of Public Works/Engineering to execute Addendum No. One to Supplemental. Agreement Number Two between the City and BDS Engineering, Inc. PASSED and ADOPTED this 3rd day of June, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: 11 George H. Eiser, Ill City Attorney City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 May 28, 2003 BDS Engineering, Inc 6859 Federal Boulevard Lemon Grove, CA 91945 Attention: Mr. Severo Chavez, Project Manager ADDENDUM NUMBER ONE TO SUPPLEMENTAL AGREEMENT NUMBER TWO Project: National Pollutants Discharge Elimination System (NPDES) Permit Compliance with National City's Municipal Permit, Order 2001-01 Subject: Addendum No. 1 to Supplemental Agreement No. 2 — Continuation of the City's NPDES program Implementation for Current Fiscal Year This is Addendum No. 1 to the existing Supplemental Agreement Number Two (Resolution,1002-110) between the City of National City and BDS Engineering, Inc, the consultant. The Consultant will pm 7cr additional engineering and environmental services for the City of National City's National Pollution Discharge Elimination System (NPDES) permit 2001-01 (Municipal Permit) requirements. Addendum No. 1 provides for an additional amount not -to -exceed $99,250 to comply with the Municipal Permit and provides for services in meeting the February 2003 Environmental Protection Agency (EPA) audit findings of National City's Storm Water Program. The Consulting firm shall provide services which address the findings of the April 11, 2003 report from San Diego Regional Water Quality Control Board regarding evaluation of the National City's Jurisdictional Urban Runoff Management Program. Details of the scope of work, cost estimate, and schedule for the additional work are shown on the attached Exhibits "A" and "B". Proposed Addendum No.1 to the Supplemental Agreement: Original Supplemental No. 2 Amount: Addendum No. 1 Amount: Revised Contract Amount Prepared by: m Daneshfar City Project Manager Acce Go e on K. Axelson, P.E. ce President BDS Engineering, Inc Date: EJ" $ 177,000 $ 99,250 $ 276,25 Date: fASVe73 Ap rs ublic Works Dire tor/City Engineer Date: Acce.te Thomas A. Jones, P..., President BDS Engineering, Inc GI Recycled Paper Exhibit "A" Scope of Work BDS Engineering, Inc. will provide environmental consulting to assist National City's compliance with the February Jurisdictional Urban Runoff Management Program (JURMP) audit conducted by Tetra Tech, Inc. on behalf of the U.S. EPA and the San Diego Regional Water Quality Control Board (SDRWQCB) in February 2003. To assist National City in alleviating the deficiencies, BDS Engineering, Inc. has identified the following tasks. Each task is directly related to the audit evaluation and has specific program objectives to comply with the audit. In addition to listing the tasks they have been prioritized from most important to least important to accomplish as many of the tasks before a second review by the next SDRWQCB staff. Task Task 1 Description of Task The Program Evaluation Report claimed that National City lacks a clear understanding of the Standard Urban Storm Water Mitigation plan (SUSMP) — BDS Engineering, Inc. has submitted to the City a draft checklist for the SUSMP. Staff has distributed copies of the checklist to the involved City Departments, and Completion of Task Prepare a revised draft SUSMP checklist to be used in the DSG discussions and to develop final National City forms/review materials consistent with SUSMP requirements. Estimated Fee per task $500 2 Task Description of Task Completion of Task Estimated Fee per task received comments from the City Attorney's Office and Planning Department. Based upon these comments BDS Engineering, Inc. shall submit to the City a revised draft (second draft) prior to the first Department Services Group (DSG) workshop. Task 2 National City staff expects to hold four SUSMP workshop meetings in order to develop clear, specific and relevant guidance for the City Departments use (see Section 2.2.2 of the report). Assist the City staff by conducting workshops on SUSMP requirements, and develop a guidance to ascertain that everyone has a clear understanding of the program. Assist the City in processing of the revised City Ordinances, if any. $19,500 Task 3 National City's assessment of the effectiveness of its JURMP is inadequate — Because the reporting period ended June 30, 2002 and the JURMP was approved on February 21, 2002 (essentially four months into the program) National Prepare for $1,400 the excel spreadsheet the program progress during the first four months of the program and provide as needed information. H'.\New Folder\New Folder\New Folder NPDES\Proposal BDS EX. A.doc Task Description of Task Completion of Task Estimated Fee per task City provided a narrative description of the progress and not a tabular excel report. However, the City is required to complete the assessment forms (see also Section 2.2.1 of Task 4 National City needs to formalize its construction inspection process — see Section 2.2.3 of Prepare a construction checklist and train the construction inspector(s) on how to evaluate construction related BMPs and properly review construction SWPPPs. $1,400 Task 5 Evaluation of Residential, Public Education and Participation Programs — See Audit item 2.2.6 Evaluate the Residential and Public Education Requirements by accomplishing the following: Further, Public Education required as a result of "Dry Weather Follow-up, 2002" field findings: Prepare a strategy to address the eight issues identified in the "City of National City, Field Screening and Analytical Monitoring Program, Follow-up Investigation, 2002". This task will involve preparation of educational materials, for pet waste, detergent use, over -watering, over -fertilizing and paint handling. Furthermore, this investigation requires contact with Paradise Valley Hospital and Paradise Valley Manor to take corrective action on a flow observed between the two facilities. $12,200 H'.\New Folder\New Folder \New Folder .NPDES\Proposal BDS EX. A.doc Task Description of Task Completion of Task Estimated Fee per task Assist National City in addressing Other recommendations that may require door-to- door contact within some neighborhoods. Task 6 Audit item 2.2.6 The City does not have a mechanism for public participation implementation of the JURMP. Prepare materials for presentation with news reporters from "The Star News" and other local papers on National City's Stormwater Program and its impact on the city. The Audit reviewers requested that National City contact the local papers and discuss stormwater with reporters to widen the local knowledge of stormwater issues. Public Education required under the RWQCB determination to reach the general public regarding National City's JURMP. $1,800 Task 7 Audit item 2.2.6 The City does not have a mechanism for public participation n implementation of the JURMP. Reach the public through existing outreach group Meet with the Paradise Creek Educational Park, Inc.. Executive Director, Ted Godshalk, to assist each other in getting stormwater issues across out to the public informing them how Stormwater affects the $1,000 water quality of the Sweetwater River and the San Diego Bay. Task 8 Audit report section 2.2.4 "The Public Works yard needs a stormwater pollution prevention plan (SWPPP) for the east side. Prepare a SWPPP Plan for the East Municipal Yard consistent with the Industrial Permit requirements. This plan was specifically requested during the EPA Audit and the SDRWQCB now considers municipal yards and any yards that services vehicles subject to the Industrial Permit. $5,900 I-I.\New FoldenNew Folder\Ncw Folder .NPDES\Proposal BDS EX. A.doc 5 Task Description of Task Completion of Task Estimated Fee per task Task 9 Audit report section 2.2.4 continued, The City is not adequately tracking the amount of waste removed from the Assist the city in the development of a $4,500 tracking protocol that will meet this requirement and be useful in the development of the 2002-2003 Annual Assessment of the JURMP. Task 10 Attendance at the Copermittee to represent National Attend Copermittee/other major meetings, and report to staff significant NPDES changes $2,450 Task 11 Follow up audit to be conducted by SDRWQCB staff regarding the Prepare materials for the SDRWQCB staff to assist in the defense of National City compliance status $3,200 Task 12 National City needs additional BMPs as a Prepare additional brochures to provide guidance to the Industrial Businesses on stormwater BMPs $4,600 guide for the Task 13 National City will be evaluating stormwater software to Inc.rease efficiency and better Assist National City staff evaluate the software and equipment requirements for stormwater record keeping $3,200 Task 14 Evaluate the Industrial Business High Priority list and compare to the San Diego Port District inventory of High Priority Industrial Business to confirm that all appropriate businesses are inventoried Assist with the evaluation of the High Priority Industrial Businesses for National City $4,100 H-\New Folder\New Folder\New Folder NPDES\Proposal BDS EX. A.doc 0 Task Description of Task Completion of Task Estimated Fee per task Task 15 The illicit connection/illegal discharge component of the JURMP requires National City to be able to evaluate an illegal discharge in conjunction with the industrial/commercial Accompany the City inspection staff to conduct stormwater sampling and provide a listing of labs and proper sampling equipment and protocol or any training. $4,400 inspections Task 16 National City is required to identify potential pollutants of concern related to land use Provide a list of potential pollutants of concern based on National City's land use designations $500 Task 17 National City is required to meet the requirements for the "Watershed Urban Runoff Program" To comply with this condition; 1). BDS Engineering, Inc. will attend the WURMP meetings to assist National City comply with new developments required by the further development of the WURMP; 2). consider stormwater BMP and the findings of the WURMP in the next "National City General Plan". $8,200 Task 18 Misc. assistance with the NPDES process as needed by staff Provide additional consulting services as required to maintain compliance with the Municipal Permit 2001-01 11,400 Estimated Time and Material Cost $90,250.00 With 10 percent contingency $99,250 H'.\New Folder\New Folder\New Folder.NPDES\Proposal BDS EX. A.doc EXHIBIT "B" National City JURMP 2003 Stormwater Program FOR REVIEW ONLY 5/19/03 1 3 4 Activity Name Start FinishDate Date City Council 614103 Decision Task 1 6/12/03 6/13/03 Prepare a revised SUSMP Check list Jun'03 STMTWIF I SISM TIIWT FTSS 11123456If-77-891011 213414: Task 2 16/16/03 6/20/03 Conduct SUSMP 1 6/30/03 l 7/2/03 Workshops i 7/7/03 7/10/03 17/14/03 I, 7/18/03 Task 3 7/3/03 7/4/03 Prepare response to excel annual assessment Task 4 7/15103 7/16/03 Prepare a construction 6 checklist and train construction inspectors on appropriate SMPs Task 5 7I21103 7/25/03 Dry Weather follow up, public education 0 • Task 6 I 7/28/03 III 7/29/03 Prepare materials for local newspaper regarding the JURMP and NPDES program _ Task 7 7/31/03 8/1/03 Assist with 8/20/03 8/21/03 discussions on Paradise Creek /Stormwater Program Task1 17/21/03 7/25/03 Prepare a SWPPP plan for the Public Works Yards I; Task 9 7/23/03 7/24/03 Assist the city in developing a 11 method to track the ' amount of waste removed from the M54 i sill 1,2 3 4 5 6 7 819 qt 114 45 T w IFISSMTWT 92021k22324�2T2e7 8293 1 2 3 8,192 3244 62728293tl112 F S.S!M T 45678 T 8 97881 61 3192621 FSSMTWT ?526272829)031 F SSMTIW 123456 T F 8 Au PO S SMTWTF S SMfTWT F 91611 213t415 51 ___ 45r678 91 i 431 MT 12223242 F SS 03 510212223242 627282 9? Sep '03 TWTF 2345 S 6 EXHIBIT "B" (Cont.) National C ty JURMP 2003 Stormwater Program FOR REVIEW ONLY 5/19/03 Start Finish Activity Name 5 M TiW T Date Date 1 2 3 4 5 Task 10 7/17/03 1 7/17/03 7- EMS will attend the 8/14/03 18/14/03 is 12 Copermillae meetings and report on significant developments to 11 Task 11 6/19/03 : 6/20/03 Prepare staff andI materials for the 13 follow up audit review to be conducted by SDRWQCB staff Task 12 --- '. 7/31/03I 8/1/03 Prepare additional 8/7/03 8/8/03. educational material 14 for use during the Industrial Inspections Task 13 8/5/03 8/6/03 Assist National City 8/18/03 ! 8/19/03 evaluate stormwater software consistent 15 with the established program andI, existing equipment '', requirements Task 14 - 8/11/03 8/13/03 Assist with high 16 priority Indus trail Inspections Task 15 conduct training 17 sessions on the proper way to sample stormwater Task 16 1 8/4/03 Prepare a list of Pollutants of 18 concern for various land uses to be used by National City inspectors Task 17 Attend the WURMP 19 meetings and report to staff relevant developments Task 18 ' 8/11E03 8/15/03 20 Misc. assistance to 8/25/03 8/29/03 National City i 9/1/03 9/5/03 • 8/25/03 8/26/03 ii Jun'03 Jul '03 F.SS,MTWTFISSIMTWTF SSMiT WITFFS5MIT�WITIF SSMTWTFSSMTIWTFSSST �3 51 � �? 72 d I 191 q� 6I7 819101'I 213 5167718�9,2 1 22 42 62 96 1 2 3�4 5 6 7 8 9 1 4157~Bi7 B19g 1 e' 1234156781000010 697Bk9r3Q112 3 4 5 617 6 9001112144ft T F 0272 8 T 7 FSSI 6 9101 9 Aug'03 TIF S S IM T W T IF S S 14C 422S21I �223t MIT 52 Sept_03 F S SIM T W T F S !9�031123456 56 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 6, 2003 AGENDA ITEM NO. 6 rITEM TITLE RESOLUTION OF THE CITY COUNCIL MODIFYING PARKING DISTRICT "A" PREPARED BY EXPLANATION Adam Landa 336-4580 DEPARTMENT Public Works/Engineering On May 20, 2003, the City Council held a public hearing to determine the needs of residents of Parking District "A". After the hearing, the City Council decided to modify the existing Residential Parking District "A" in the following manner: 1. Remove parking district signs on 22nd Street, except for in front of 131 E. 22"d Street. 2. Expand the parking district boundaries to include "B" Avenue and "C" Avenue, from 20th Street to 22"d Street. 3. Change the hours and days on all parking districts' signs to "8 am to 7 pm". 4. Make the entire parking district 7 days a week. Upon adoption of the Resolution by the City Council, the Public Works Department will do all of the above modifications to the existing Parking District "A", signing and issuing permits as required. It will take about one month before enforcement can commence. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATIO Approve the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Exhibit "A" Approved By: Finance Director Account No. Resolution No, 2003-70 A-200 (9 99) RESOLUTION NO. 2003 - 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING RESIDENTIAL PARKING DISTRICT "A" WHEREAS, on May 20, 2003, the City Council held a public hearing to determine the needs of Residential Parking District "A"; and WHEREAS, at said hearing, the City Council determined to modify the. parking district. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby modifies Residential Parking District "A" in the following manner: 1. Parking district signs on 22nd Street, except for in front of 131 East 22nd Street, shall be removed. 2. Parking district boundaries shall be expanded to include "B" Avenue and "C" Avenue, from 20' Street to 22nd Street. 3. The hours and days on all parking district signs shall be changed to "8 a.m. to 7 p.m.", seven days per week. 4. Parking district parking restrictions shall be in effect seven days per week. PASSED and ADOPTED this 3' day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Q z 0 z F- IIii,i, 'l-L 'BALL BALL LL BALL 2nd 20 CISTTN PERM • ci N LASAAAAAAASASSASSASSASSAAA- RAI ffAhmoffAinnnwAnnx4nmurAmomnyAuwAmo.liviminTA p1-1.1s1.r-vsysys1-r.nr,e. Al-1-1.1A,A1-nyAnyAnnninnYouweffool ,A A - . .1A!-lA1-1.1 _ ro.1.•A•.r.1.•o.•A•A•A�.• ..TAl.T.T.lA4.�,•,•,•' ylpl6TLlpTp _. erAwowv.mo.❖.1.•A 17,-.4.71..v..\1. •A!A•.lj1ATA11\ • A . s!s!s!.•-1sysv r,,-1-1A.S1S1-1.AYS1-1.1..-1-1.1.1AVS1..-. ,1S1-YSly1S,.1.1S1. •-1-1A1-1A1.1A \.A9A9-^..c..A:...•-YSVAnyffoA100.1ve IrAnyAnnyoimolw♦ . A i - A u r•S•A•A1o.• .11 • 11 A - �9.9.l.4;\•A •o00.•.1.• \•A1.•A• .•A5A1.❖A•.1 ' SWWATA 0000.•o OLVAVAAOA,AM1 A 1"0,0 ql ��A•ooAp•Ap 000 A1,.1®1.1.f1.11.\.1.! AtA1.111.1A1A1.1.1\!. !G•G1l1Gl.!®�Al.1.! 1.1A! -9.•-. 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A1A•A•A•A•A•o. srip4ppoq.A A.p❖Aio.•A•i•❖A1.•i•A•iii. o.•.!o-.otS! 40000A•ooS!oS•S•S!yo5•-•A•A•A•o. 000.•oo.•AjooA•A•0000.•oA 'r 0000A•ip ACtOWi.uo oo.4l.•.Vlw.l.•w.o a,7.•o.•V0oA10-p• RKIN Z� AJFICIFAVir RAPIr L ES ES �i REMOVE DISTRICT SIGNS EXC. FOR 131 E. 22ND S7. AP7s I4P7s CHANGE }HOURS AND DAYS 70 8AM 70 7PM AND 7 DAYS A WEED, APTS Li U z W 0th 2016 V 2024 2038 ExIir3IT A 7A City of National City, Califor i COUNCIL AGENDA STATE ENT ,dEETlNG DATE Jiina • , 7003_ ITEM TITLE AGENDA ITEM NO. 7 RESOLUTION AUTHORIZING THE CITY OF NATIONAL CITY TO TRANSFER ITS SHARE OF FY 2003/2004 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO. PREPARED BYJose Tellez, Sergeant x4423 DEPARTMENT A.L. DiCerchio, Chief EXPLANATIONThe Federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) has made Accountability Incentive Block Grant funds available through the California Office of Criminal Justice Planning (OJJP). The San Diego region will obtain a total of $1,019,936 to be distributed proportionately to the various law enforcement agencies based on a formula using law enforcement expenditures and crime arrest data for each unit of local government. The FY 2003/2004 allocation for the City of National City is $18,004. There are several purpose areas established by OJJDP for the spending of the allocated money. The San Diego County Board of Supervisors has proposed that each local entity, transfer their share of the funds to the County of San Diego. The County would meet the 10% cash match requirement for each agency. Last year, the City of National City and nine other cities committed their JAIBG allocations to the County for use in expanding the Regional Juvenile Information System (REJIS), by the development of a Juvenile ' curt web site to provide information on juveniles to local law enforcement. For the FY 2003/2004 there will be to cities participating in the program. The web -cite and computer linkage with the school districts, law enforcement, probation and the courts will provide information regarding juvenile offenders. (Continued on page 2) Environmental Review Financial Statement There will be no cost of the City of National City. The County of San Diego will pay the matching funds. National City's allocation is $18,004, with a 10% match contribution by the County of San Diego. Account No. STAFF RECOMMENDATION Approve the Resolution. BOARD /COMMISSION RECOIVidIENDATlN ATTAC MENN`f"S Listed Below) Resolution No. 2003-71 Letter/documents from the County of San Diego regarcing. the Juvenile Accountability Incentive Block Grant 2003/2004. A 200 (9/80) COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING THE CITY OF NATIONAL CITY TO TRANSFER ITS SHARE OF FY 2003/2004 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO PAGE 2 Under the County of San Diego's current proposal they are planning to spend the 2003/2004 JAIBG funds for the following: 1. Maintain and expand the Community Response Officer Program (CROP) in which Deputy Probation Officers are stationed in and/or shared between twenty law enforcement locations and jurisdictions. CROP is designed to increase communications, provide information on juveniles to law enforcement and perform community outreach activities. 2. Continue to attend Planning Meetings with community stakeholders to refine existing programs, and explore opportunities for CROP to participate in additional pre -delinquent and diversion programs for communties. 3. Maintain and support the Juvenile Court Website and computer linkage with law enforcement, Probation, Courts, and School Districts, which will continue to facilitate information sharing. Continue to explore enhurtced processes by working with the school districts to improve the timelines and accuracy of school records accessed on the Juvenile Court Website. 4. If all the cities agree to participate and pool allocations, $1,019,936 will be for JAIBG. This includes a $101,994 cash match contributions by the Probation Department, and approximately $200,000 contributions of LLEBG Grant Funds. The interest of the National City Police Depait,uent correlates with that of the county. Based on the economy of scale NCPD realizes that the funds would be a much better benefit to the organization if used by the County of San Diego on the above regional projects. The Police Department therefore recommends approval of the Resolution to transfer National City's FY 2003/2004 Juvenile Accountability Incentive Block Grant funds to the County of San Diego. RESOLUTION NO. 2003 — 71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO TRANSFER ITS SHARE OF FY 2003/2004 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO WHEREAS, the Federal Office of Juvenile Justice and Delinquency Prevention ("OJJDP") has made Juvenile Accountability Incentive Block Grant ("JAIBG") funds available through the California Office of Criminal Justice Planning ("OCJP"); and WHEREAS, the San Diego region will obtain a total of $1,019,936 to be distributed proportionately to the various law enforcement agencies based on a formula using law enforcement expenditures and crime arrest data for each unit of local government; and WHEREAS, the FY 2003/2004 allocation for the City of National City is $ 18,004; and WHEREAS, there are several purpose areas established by OJJDP for the spending of the allocated money; and WHEREAS, the San Diego County Board of Supervisors has proposed that each local entity transfer their share of the funds. to the County of San Diego which would meet the 10% cash match requirement for each agency; and WHEREAS, last year National City and nine other cities committed JAIBG Program allocations to the County. WHEREAS, under the County of San Diego's current proposal they are planning to spend the 2003/2004 JAIBG funds for the following: 1. Maintain and expand the Community Response Officer Program ("CROP") in which Deputy Probation Officers are stationed in and/or shared between twenty (20) law enforcement locations and jurisdictions. CROP is designed to increase communications, provide information on juveniles to law enforcement and perform community outreach activities. 2. Continue planning meetings with community stakeholders to , refine existing programs and explore opportunities for CROP to participate in additional pre -delinquent and diversion programs for communities. Resolution No. 2003 — 71 June 3, 2003 Page Two 3. Maintain and support the Juvenile Court Website and computer linkage with law enforcement, probation, courts and school districts, which will continue to facilitate information sharing. Continue to explore enhanced processes by working with the school districts to improve the timelines and accuracy of school records accessed on the Juvenile Court Website; and WHEREAS, if all the cities agree to participate and pool allocations, $1,019.036 will be for JAIBG. This includes a $101,994 cash match contribution by the Probation Department, and approximately $200,000 Contributions of Local Law Enforcement Block Grant ("LLEBG") Funds; and WHEREAS, the interest of the National City Police Department correlates with that of the County; and WHEREAS, based on economy of scale, NCPD realizes that the funds would be of much better benefit to the Department if used by the County on the above regional projects; and WHEREAS, the Police Department therefore recommends approval of the transfer of National City's FY 2002/2003 Juvenile Accountability Incentive Block Grant funds to the County of San Diego, and that the City decline direct acceptance of funds made available through the JAIBG Program administered by the OCJP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City waives its right to its entire direct subgrant award and authorizes the funds to be expended by the County of San Diego for the mutual benefit of both units of local government. BE IT FURTHER RESOLVED that it is agreed that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. * * * Signature Page to Follow * * * Resolution No. 2003 — 71 Page Three PASSED and ADOPTED this 3`d day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla,' City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney WAIVER OF DIRECT SUBGRANT AWARD FROM UNIT OF LOCAL GOVERNMENT l , the legally (Name, Title) authorized administrative officer (City Manager/Administrator or County Administrator) of the (Name of Waiving Unit of Local Government/City) Authorize the State of California, Office of Criminal Justice Planning, to transfer award funds, allocated under the Juvenile Accountability Incentive Block Grant (JAIBG 2003), in the amount of $ to the County of San Diego. (see allocation chart) Authorized Official's Signature Authorized Official's Typed Name Authorized Official's Typed Title Date Executed Waiving Unit of Local Government Official Seal or Notary Stamp is required below: Attest: ALAN M. CROGAN CHIEF PROBATION OFFICER May 15, 2003 Dear Chief Qountp of gpan Miego DEPARTMENT OF PROBATION POST OFFICE BOX 23597, SAN DIEGO, CALIFORNIA, 92193-3597 MAY I DAVID E. CRANFORD ASSISTANT CHIEF PROBATION OFFICER I am writing to inform you the Office of Criminal Justice Planning (OCJP) has released the Request for Applications for the Juvenile Accountability Incentive Block Grant (JAIBG) 2003. The goal is to hold juvenile offenders accountable. This grant has effective dates of June 30, 2003 through June 29, 2004. The State determines allocations based on annual law enforcement expenditures and a three year average for the Uniform Crime Report, as reported by each city. The city must be entitled to a minimum allocation of $5000 or more to be eligible. During the last four years we pooled our JAIBG funds, formed a partnership and made significant strides to improve our juvenile justice system. Each year, your city has signed and notarized the form required by OCJP to waive your allocation to the County of San Diego, "Waiver of Direct Sub -grant Award From Unit of Local Government". This authorizes the County to apply for and expend JAIBG funds. The County Probation Department contributes the 10% cash match, completes required reports, coordinates audits, and responds to inquiries related to the grant. Attachments to this letter include an allocations chart, project accomplishments, the Community Response Officer Program (CROP) staffing, and the Waiver of Direct Sub -grant Award From Unit of Local Government form. As in previous years, the County and city allocations are determined by violent crime statistics for years 1990 to 2000, and annual law enforcement expenditures by the cities. If your city intends to continue its partnership with the County of San Diego and cities throughout the County, we will need your Waiver of Direct Sub -grant Award From Unit of Local Government form by May 23, 2003. This grant application (along with the waivers) is due to the Office of Criminal Justice Planning by May 29, 2003. Also, please let us know as soon as possible who the contact person is for this project. If you have questions, you may contact the Program Director, Rick Fairchild, at (858) 694-4399, rick.fairchild a(�sdcountv.ca.gov, or Supervising Probation Officer, Christina Nyikes at (858) 694-4298, christina.nvikes@sdcountv.ca.gov. Thank you for your support. I look forward to continuing to work together in the support of innovative programs to further our communication and working relationships. ALAN M. CROGAN Chief Probation Officer Attachments JUVENILE ACCOUNTABILITY AND INCENTIVE BLOCK GRANT (JAIBG) 2003/2004 Funding Availability Jurisdiction San Diego County Amount of Grant Funds $ 410,732 City of San Diego $ 321,043 Oceanside $ 39,099 Chula Vista $ 38,379 Escondido $ 26,624 El Cajon $ 23,992 National City $ 18,004 Carlsbad $ 12,474 Vista $ 9,929 La Mesa $ 9,702 Encinitas $ 7,964 Total $ 917,942 10% Cash Match (SD County) $ 101, 994 TOTAL $ 1,019,936 JUVENILE ACCOUNTABILITY AND INCENTIVE BLOCK GRANT (JAIBG) Coordinated Enforcement Plan JAIBG is a grant awarded by the Office of Criminal Justice Planning (OCJP) to promote greater accountability of juveniles in the justice system. Funding levels are determined by law enforcement expenditures and violent crime statistics. There are specific program purpose areas and funding guidelines, which must be strictly followed to comply with requirements. The County of San Diego, the City of San Diego, and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, and Vista pooled funds for the last two years to implement key components of San Diego County's Comprehensive Strategy for Youth, Family, and Community. Year 1 Accomplishments — FY 1999-2000 • Developed and implemented a Juvenile Case Management System for the Juvenile Court. The new system increased productivity, efficiency, and facilitates communication with other agencies. • Developed a link with the Officer Notification System to provide current court status information to law enforcement officers who have a contact with a juvenile. • Funded key infrastructure upgrades to the Probation, County Counsel, and Public Defender systems to facilitate information sharing. • This years OCJP grant was $1,171,000, and included a $130,111 cash match by the County Probation Department. Expenditures included $1,301,111 for the Juvenile Court Website development, the upgrades to the Juvenile Case Management System, and information systems equipment. Year 2 Accomplishments — FY 2000-2001 • Implemented a secure web server in Juvenile Court to share information and provide a linkage between schools, law enforcement, and probation. • Installed computer stations at ten school sites to implement the school linkage to the web site. • Implemented the Community Response Officer Program (CROP), with nine Deputy Probation Officers stationed in and shared between thirteen law enforcement stations. CROP officers act as a liaison between law enforcement, probation, the courts and schools to improve communication and provide information on juveniles. • Installed thirteen computer stations at the CROP sites to provide immediate access to current juvenile records information. • Hired a consultant to coordinate planning and feasibility study of Community Resources Drop - Off Centers to provide services to local law enforcement for juveniles exhibiting delinquent behavior that would not be eligible for Juvenile Hall detention. • Conducted meetings with a Planning Group of community stakeholders to design the Community Resource Drop -Off Center pilot. • Completed a visit to Community Assessment and Referral Centers (CARC) in San Francisco and the Parris Valley Truancy Project to observe operations. • This years OCJP grant was $1,165,692, including a $129,521 cash match by the County Probation Department. Expenditures included $354,413 for continued Juvenile Court Website development, Juvenile Case Management System upgrades, and the Synovation Contract to upgrade information systems, $892,561 for the CROP program for salaries and benefits, equipment, vehicles, and supplies, $48,238 for the Community Resource Drop -Off Center to hire a consultant and conduct Planning Meetings. Year 3 Accomplishments — FY 2001-2002 • Secured regular JAIBG funding, and in addition, JAIBG `Plus' funding from the OCJP which allowed further expansion of services. • Secured Local Law Enforcement Block Grant (LLEBG) Funding to expand CROP services, staffing, and equipment. • Expanded CROP to provide services and linkages to a total of twenty-three jurisdictions. • Completed Feasibility Study of the Community Resource Drop -Off Center • Implemented the North County Community Resource Drop -Off Center at the North County Regional Center, adjacent to the Vista Courts and the Vista Sheriff's sub -station. • Began planning for development and implementation for the Mid -City Community Resource Drop -Off Center in collaboration with the Planning Group and San Diego Police Department. • Refined and further developed the information sharing systems and Juvenile Court Website. • This year's OCJP grant was $1,347,017 plus a $149,668 cash match contribution by the Probation Department for a $1,496,685 budget. Expenditures included $378,986 for maintenance and continued upgrades to the Juvenile Court Website and information systems upgrades, $829,242 for the CROP Program salaries and benefits, equipment, and supplies, $288,457 for the Community Resource Drop -Off Center for continued planning meetings, building renovation, equipment, vehicles, supplies, furniture, and information systems equipment. Year 4 Accomplishments — FY 2002-2003 • Maintained and upgraded the Juvenile Court Website and computer linkage with law enforcement, Probation, Courts, and the School Districts. There were over 500 users of the Juvenile Court Website including probation officers, law enforcement and school personnel. • A contractor was hired to work with the school districts in providing accurate information for the Juvenile Court Website and provide a status report with recommendations for additional enhancements for the web site. By February, 2003, a status report with recommendations to improve the Juvenile Court Website and the viability of all school districts to provide up to date information had been completed and will be used to find ways to enhance the web site and continue working with the school districts. • Continued CROP operations at twenty-three sites through out the County. • Continued to attend Planning Meetings with community stakeholders to refine existing programs. • A Customer Satisfaction Survey was distributed to law enforcement officers at participating stations, school officials, Community Based Organizations, and community stakeholders in September of 2002, in an effort to serve both law enforcement and communities better. The responses provided valuable feedback and will be utilized to improve efficiency of service to our stakeholders. • Due to underutilization of the North County Drop Off Center by local law enforcement, operations were terminated effective September 30, 2002. With a consensus of the Planning Group Criminal Justice Council of the Public Safety Group, the JAIBG funds to be used for the Center were reallocated to expand CROP. CROP was expanded to nineteen officers, and a second Supervising Probation Officer. • CROP was divided into two regions, North and South Units, and each Supervising Probation Officer was assigned to each unit. • Field safety training was completed for all officers. • Two additional vehicles were purchased. • This year's OCJP grant was $1,900,941, plus $211,216 a cash match contribution by the Probation Department for a $2,112,157 budget. Expenditures through the third quarter included $645,992 for continued Juvenile Court Website development, Juvenile Case Management System upgrades, and the Synovation Contract to upgrade information systems, $831,438 for the CROP program for salaries and benefits, equipment, vehicles, and supplies, $112,273 for the Community Resource Drop -Off Center to hire a consultant and conduct Planning Meetings Year 5 Goals — FY 2003-2004 • Maintain and support the Juvenile Court Website and computer linkage with law enforcement, Probation, Courts, and the School Districts. • Continue to facilitate information sharing by law enforcement, the Courts, the schools and Probation through continued use of the Juvenile Court Website. • Continue to explore enhanced processes by working with the school districts to improve the timelines and accuracy of school records accessed on the Juvenile Court Website. • The Court, Probation and the Health and Human Services Agency will continue to explore options for inclusion of immunization records for foster youth on the Juvenile Court Website . • Continue CROP operations in the 20 jurisdictions eligible to receive JAIBG allocations for the upcoming grant period. • Continue to attend Planning Meetings with community stakeholders to refine existing programs, and explore opportunities for CROP to participate in additional pre -delinquent and diversion programs for communities. • If all the cities agree to participate and pool allocations, $1,019,936 will be available for JAIBG. This includes a $101,994 cash match contribution by the Probation Department, and approximately $200,000 contribution of LLEBG Grant Funds. COMMUNITY RESPONSE OFFICER PROGRAM (CROP) STAFFING Staff/Title Jurisdiction Contact Numbers Kendall Amerige, Supervising Probation Officer South Unit Cell 858-694 4278 858-688-9069 Christina Nyikes, Supervising Probation Officer North Unit 858-694-4298 Cell 858-688-9438 Christine White, Senior Probation Officer Unit Support 858-694-4305 San Diego PD Eastern 858-495-7949 Cell 858-688-9123 Clint Armitage, Deputy Probation Officer Escondido 760-839-4945 Cell 858-688-9090 Brian Berry, Deputy Probation Officer La Mesa PD 619-667-1442 Lemon Grove SO 619-337-2049 Cell 858-688-9075 Valisa Brown, Deputy Probation Officer Vista SO 760-940-4926 Cell 858-688-9092 Michael Coleman, Deputy Probation Officer Oceanside PD 760-435-4670 Cell 858-688-4670 Monique Evans, Deputy Probation Officer San Diego PD Mid -City 619-516-3071 Cell 858-967-5307 Mario McCurley, Deputy Probation Officer San Marcos SO 760-510-5247 Cell 858-688-9109 Matthew McKnight, Deputy Probation Officer El Cajon PD 619-441-5535 Cell 858-864-2164 Lesley Norman, Deputy Probation Officer Chula Vista PD 619-691-5203 Cell 858-688-9101 Jessica Quintero, Deputy Probation Officer San Diego PD Southern 619-424-0204 Imperial Beach SO 619-498-2439 Cell 858-688-9107 Eric Schick, Deputy Probation Officer Santee SO 619-956-4031 San Diego PD Southeastern 619-527-3559 Cell 858-688-9111 Donna Spivey, Deputy Probation Officer National City PD 619-336-4426 Cell 858-688-9115 Jack Spratt, Deputy Probation Officer Coronado PD 619-522-7362 San Diego PD Central 619-744-9596 San Diego PD Northern 619-552-1632 Cell 858-688-9103 Linda Yoakum -Latimer, Deputy Probation Officer San Diego PD Western 619-692-4959 Cell 619-726-0740 Vacant Poway SO 858-513-2845 San Diego PD Northeastern 858-538-8081 .EETING DATE June 3, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 8 (-ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 E. 18'H STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS (APPL * T: CINGULAR WIRELESS) (CASE FILE NO. CUP-2002-13/Z-2003-3) PREPARED BY Roger Pos 6-4310 DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the May 20, 2003 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review N/A Categorical Exemption N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2003-72 Resolution A-200 (9.99) RESOLUTION NO. 2003 — 7 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 EAST 18TH STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-13/Z-2003-3 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 East 18i' Street, with a Variance to allow construction within the required front and side yard setbacks at the regularly scheduled City Council meeting of May 20, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council conlered the staff report prepared for Case File No. CUP-2002-13/Z-2003-3 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on May 20, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 11,500 square foot project site has sufficient area to locate the light poles and panel antennas, and the existing storage room in the laundromat building is large enough for the equipment necessary to operate the facility. 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 site is served by Euclid Avenue and EAST 18t Street, and the wireless facility requires only one to two maintenance visits each month. RESOLUTION NO. 2003 — 72 June 3, 2003 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed lighting will enhance safety and security at the poorly lit parking lot, and since conditions of approval require the lighting to be turned off when businesses in the laundromat building are closed. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since Code restrictions on locating wireless facilities in residential areas, and the lack of sufficiently tall structures in the area on which to place antennas, creates a difficulty for wireless providers to obtain necessary coverage. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed light standards will maintain a setback similar to existing structures in the same zone; and since they are organized in such a way as to minimize potential conflicts with adjacent residences while providing security to the parking area; and since the Land Use Code requires outdoor lighting to be directed to only illuminate the premises upon which it is located. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed wireless facility concealed in light standards is an accessory use of the site that is permitted with the requested CUP in the CL (Limited Commercial) zone. RESOLUTION NO. 2003 — 72 June 3, 2003 Page Three BE IT FURTHER RESOLVED that the applications are approved subject to the following conditions: 1. This Conditional Use Permit and Variance authorize the construction of a wireless communications facility at 2415 East 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", 2' Revision, Case File No. CUP-2002- 13/Z-2003-3, dated February 10, 2003. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. Prior to the issuance of building permits, evidence shall be submitted to the Planning Department that the two parcels which comprise the project site have been legally merged (APNs 558-190-20 and 22). 3. All proposed rooftop mechanical equipment shall be completely screened in accordance with Land Use Code requirements. 4. Timers shall be installed to assure the lights only illuminate the parking lot during the hours of operation for businesses in the laundromat building. 5. 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. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The deteriorated portions of the street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 9. The existing drainage system on the property shall be cleaned out and repaired as necessary. RESOLUTION NO. 2003 — 72 June 3, 2003 Page Four 10. Before this Conditional Use Permit and Variance 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 and Variance. 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 and Variance 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. 11. 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. 12. The applicant shall paint and maintain the laundromat building and all on -site fencing. Exterior walls of the building and fencing, to a height of not less than 6 feet, shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of June, 2003. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill, City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 3, 2003 AGENDA ITEM NO. 9 ITEM TITLE A RESOLUTION SCHEDULING A PUBLIC HEARING ON JUNE 17, 2003 TO CONSIDER A WASTEWATER RATE INCREASE IN EACH OF THE NEXT THREE FISCAL YEARS AND TO CONSIDER PLACING WASTEWATER BILLING ON THE PROPERTY TAX BILLS PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering CEnvironmental Review Financial Statement N/A The burden of the increased rates will fall on all the wastewater se rvice r cIpents. STAFF RECOMMENDATION Adopt the Resolution scheduling the Public Hea BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. ATTACHMENTS ( Listed Below j 1. Exhibit "A" - Proposed Wastewater Rates 2. Exhibit "B" — Rate Comparison Table Resolution No. 2003-73 A-200 (9.991 EXPLANATION: The cost of wastewater collection, transportation and treatment has increased dramatically. Wastewater rates charged to residents and businesses must be increased to keep up with the rising costs. Wastewater rates are proposed to increase over the next three years. The proposed increases are shown in Exhibit A. The current rates generate approximately $4.9M annually. The rates as proposed will generate approximately $6.1M in FY 2004, approximately 7.0M in FY 2005, and approximately 7.7 M in FY 2006. In FY 2004 the cost of providing wastewater service will total approximately 6.8M, and increase each of the next two years. It will be necessary to augment the wastewater budget in FY 2004 with approximately $700,000 from the Wastewater Rate Stabilization Reserve to cover the cost of wastewater collection, transportation, and treatment. Approximately $540,000 of those funds will be recovered over the next two fiscal years. Three major factors play a role in the increase in costs that we are experiencing here in National City. They are: 1. The increased amount being charged by San Diego for wastewater treatment. 2. The increased wastewater flow being generated by National City - primarily due to San Diego installing additional and more accurate flow meters. 3. The requirements of the State issued NPDES stormwater pollution prevention permit. All National City's sewage is transported to Point Loma for treatment. The amount being charged by San Diego has increased significantly over the last few years and the increases are projected to continue. The Metro Wastewater Joint Power Authority, of which National City is a member, hired an independent auditor to review the costs being passed on the member agencies. Without exception the auditor concurred with the validity of the costs. All the sewage that is collected by National City is metered by San Diego as it enters their system on the way to Point Loma for treatment. For the last couple of years San Diego has been upgrading all their flow meters. The result for National City has been a significant increase in the flow and consequent charges for treatment. In fact, the increase was so significant that we contracted with an independent firm to temporarily install flow meters in series with the San Diego meters to assess the accuracy of San Diego's new meters. Daily flow was measured by National City's and San Diego's meters for several months then compared. The results showed that San Diego's new meters were accurate and the City will be charged more for treatment as a result. Finally, National City operates and maintains its storm drain system in accordance with the requirements of the California Water Quality Control Board's NPDES permit. This permit has completely changed the way storm drain systems are operated. In the past the storm drain system was primarily operated and maintained with the goal of eliminating flooding of private property in the event of storms, and somewhat ignored at all other times. Now water quality is a major factor to consider in the operation of the system. As you know the storm drain system transports more than actual storm water. All water that enters the National City public right of way, whether it be from car washing, landscape irrigation, or fire fighting flow, ends up in the storm drain system and finally in the Sweetwater River or San Diego Bay. The California Water Quality Control Board has issued the NPDES permit that very prescriptively describes things the City must do to reduce or eliminate the amount of urban run-off pollution that enters as is carried through the system. These new requirements are very costly. Like many other cities that are subject to the permit, it is proposed that the wastewater fund be used to pay a portion of the costs. Exhibit B is included so that Council can see how the proposed wastewater rates compare with rates that other Metro member agencies in the region are charging. Exhibit B shows the rates being charged for single family service. National City charges a flat rate to residential users, as opposed to a water consumption based rate as is charged Commercial users. This residential billing practice is common when water and sewer are provided by different agencies. Exhibit B lists Agency's that likewise charge a flat rate for residential users, and converts data from Agency's that do not charge a flat rate to an average monthly rate so a comparison is possible. In addition to the issue of wastewater rates increases, before Council for cisideration is the issue of transferring the collection of wastewater billing to the County of San Diego tax rolls. In other words the wastewater services will be a line item on each property owner's tax bill and be collected twice a year. Currently wastewater service is billed every other month through the Finance Department. For many reasons, this method of wastewater service billing is ineffective. Over the last three years approximately $2.9M in "bad debt" has accrued. The success rate in collecting this bad debt has been very low. Placing the wastewater service billing on the tax rolls will eliminate this bad debt. It is anticipated that we will get the billing on the tax rolls for FY 2004. In order to do so the data must be submitted to the County by August 10, 2003. There is a lot of work required to get the data in the County required format, but we are confident if we start immediately we can accomplish the task. Since National City is charged by the City of San Diego for wastewater transportation treatment regardless of our wastewater billing success, it is not possible to continue on accruing bad debt. It is also not possible to accurately determine rates that must be charged to National City residents and businesses to cover these charges if it is an unknown as to what will actually be collected. Earlier in the report it was stated that the Rate Stabilization Fund would need to augment next years wastewater budget by approximately $700,000, then recover a total of approximately $540,000 over the following two years. Currently there is approximately $3.0M in the Rate Stabilization Fund. The reason we are proposing the recover of the $540,000 is so the Rate Stabilization Fund maintains a balance of almost $2.9M, as it may be necessary to cover the bad debt that has already accrued. After the billing is transferred to the tax rolls, we will attempt to collect bad debt through the rolls. The City Attorney's Office will also use other means as necessary where it's not possible to use the tax rolls, such as in the cases where the debt was incurred by a tenant and not the property owner. It should be understood that based upon history, the success of these efforts might be limited. The Collection Agency that the Finance Department hired has only experienced a nine percent success rate. In fact the Collection Agency recently informed the City that they would no longer be providing their services. Regardless, the rates assume that the Rate Stabilization Fund will be expended to cover the bad debt. When the rates are again reviewed for 2006 we will be able to determine how any remaining Rate Stabilization Fund balance be utilized if the collection efforts are positive. The issue of the tenant paying the wastewater bill brings up an important point. Property owners will see the wastewater fee on their tax bill. They will no longer simply require their tenants to pay for the service. As part of transferring the billing to the tax bill, we must also educate the users of the system of the transfer. We will do so through a couple of mailings. Exhibit A National City Proposed Wastewater Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solid Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High Suspended Solids Strength Range < 200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 600 PPM > 600 PPM Current Rate 03/04 Rate 04/05 Rate 05/06 Rate Monthly Monthly Monthly Monthly $16.08 $22.08 $28.08 $32.08 $15.00 $19.00 $23.00 $25.00 $9.50 $13.50 $17.50 $19.50 $2.41 $2.65 $3.36 $3.99 $5.19 $2.85 $3.09 $3.84 $4.60 $5.75 $2.89 $3.13 $3.90 $4.68 $5.86 $3.03 $3.28 $4.09 $4.90 $6.12 Exhibit B Comparison of Single Family Wastewater Rates for Metro Member Agencies 2000 2002 2003 2004 DEL MAR " $ 36.49 $ 51.65 $ 57.62 $ 59.50 CORONADO ** $ 31.64 $ 31.64 $ 31.64 $ 31.64 PADRE DAM " $ 29.45 $ 31.46 $ 32.69 $ 32.69 OTAY ** $ 28.95 $ 28.95 $ 28.95 $ 28.95 POWAY " $ 25.90 $ 30.10 $ 30.92 $ 30.92 ALPINE ** $ 24.25 $ 24.25 $ 24.25 $ 24.25 SPRING VALLEY ** $ 23.00 $ 23.00 $ 23.00 $ 23.00 LAKESIDE ** $ 22.08 $ 22.08 $ 22.08 $ 22.08 LA MESA " $ 21.25 $ 21.25 $ 28.70 $ 31.57 WINTERGARDENS ** $ 21.17 $ 21.17 $ 21.17 $ 21.17 CHULA VISTA " $ 20.06 $ 20.06 $ 19.00 $ 17.47 LEMON GROVE ** $ 17.08 $ 24.32 $ 30.03 $ 30.03 NATIONAL CITY ** $ 16.08 $ 16.08 $ 16.08 $ 22.08 SAN DIEGO " $ 28.38 $ 29.80 $ 41.31 $ 43.79 ** Flat Rate " Converted to Flat Rate RESOLUTION NO. 2003 — 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER A WASTEWATER RATE INCREASE IN EACH OF THE NEXT THREE FISCAL YEARS AND TO CONSIDER PLACING WASTEWATER BILLING ON THE PROPERTY TAX BILLS WHEREAS, it has been proposed that there be approved an increase in the wastewater rates charged to residents and businesses over the next three years due to the dramatic increase of wastewater collection, transportation and treatment; and WHEREAS, it is also proposed that the wastewater billing be transferred to the County of San Diego tax rolls to eliminate the accrual of bad debt; and WHEREAS, Section 66018 and 6062(a) of the California Government Code require a public hearing and 10 days' notice prior to the enacts ent of specified new or increased fees or charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed change in trash service rates is hereby set for 6:00 p.m. on June 17, 2003, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 3rd day of June, 2003. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney ,EETING DATE June 03, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 /ITEM TITLE WARRANT REGISTER #46 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #46 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved BY: Finance Dirac Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 281,075.38. BOARD 1 COMMISSION COMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #46 2. Workers Comp Warrant Register dated 05/14/03 A-200 Resoluti EETING DATE June 3, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA (APPLICANT: PAT & OSCAR'S) (CASE FILE NO.: CUP-2003-6) PREPARED BY Roger Post36-4310 DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the May 20 public hearing. The attached resolution is necessary to follow through on the action. It includes conditions no. 14-19 requested by the Council which prohibit self-service and over -ice displays, promotions, sale of fortified wines and malt liquor, alcohol sales at catered events, and the sale of alcohol without the sale of food. A two-year sunset clause is also included, which will require the applicant to apply for a new Conditional Use Permit to continue the sale of alcohol after that time. Environmental Review X NIA Categorical Exemption Financial Statement N/A Approved By; Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution Reolution No, 2003-74 A-200 )9;99) RESOLUTION NO. 2003 — 74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA APPLICANT: PAT & OSCAR'S CASE FILE NO. CUP-2003-6 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Pat & Oscar's Restaurant at Plaza Bonita, at the regularly scheduled City Council meeting of May 20, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2003-6 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on May 20, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an existing restaurant and requires no additional construction. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the addition of alcohol sales at an existing restaurant is not expected to increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposeduse will be compatible with other businesses; and since it will be located approximately 500 feet from the nearest residential properties and will be subject to conditions that limit the sale of. alcohol, restrict the hours that it will be available, and ensure that it remains accessory to the sale of food. Resolution No. 2003 — 74 June 3, 2003 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide opportunities to consume beverages that are often requested by consumers in a family restaurant setting. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 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 the incidental sale of beer and wine in a restaurant at 3030 Plaza Bonita Road, Suite 1106, as shown on the attached plans (Exhibit "A", case file no. CUP-2003-6, dated 2/1.8/2003). 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code Sections 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. 4. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 5. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 6. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visibleto the exterior, shall constitute a violation of this condition. 7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Resolution No. 2003 — 74 June 3, 2003 Page Three 8. - With the annual renewal of the National City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. No coin operated amusement devices shall be operated on the licensed premises. 10. 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 =, idence 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. 11. 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. 12. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 13. Restaurant employees shall complete training regarding the service of alcohol before serving any beer or wine. This shall include either Responsible Beverage Server (RBS) training provided by the Responsible Health Coalition, Licensee Education on Alcohol and Drugs (LEAD) training provided by the California Department of Alcoholic Beverage Control, (ABC) or similar instruction provided by qualified individuals and recognized by ABC. Documentation regarding completion of such training shall be kept on the premises and made available to any Planning Department employee upon request. 14. No self-service of alcohol or over -ice displays of alcohol shall be permitted. Resolution No. 2003 — 74 June 3, 2003 Page Four 15. There shall be no promotions of alcohol sales. 16. The sale of wine with an alcoholic content greater than 15% by volume and the sale of malt liquor are prohibited. 17. There shall be no sale of alcoholic beverages with catering services. This permit authorizes the sale of beer and wine for on -site consumption only. 18. There shall be no sale of alcoholic beverages without the sale of food. 19. This Conditional Use Permit shall expire two years from the date of adoption of this Resolution. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of June, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT rv1EETlNG DATE June 3, 2003 SECOND READING OF ORDINANCE REFER TO AGENDA ITEM #1 AGENDA ITEM NO. 12 ITEM TITLE AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING WHOLESALE FOOD WAREHOUSES PREPARED BY Kathleen Trees, Director 4213 DEPARTMENT Building & Safety EXPLANATION The County of San Diego has requested that the City Council adopt the following ordinance in order to allow them to regulate wholesale food warehouses. Attached is a letter and information from the County explaining their concerns with the food warehouses. Environmental Review ✓ N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) • County Letter and backup material Ordinance County Ordinance A-200 (9/80) Resolution No. ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCORPORATING BY REFERENCE SECTIONS 61.212 THROUGH 61.256 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, PERTAINING TO WHOLESALE FOOD WAREHOUSES The City Council of the City of National City ordains as follows: Section 1. Purpose and Intent. Wholesale food warehouses are not adequately regulated by the State of California. Recent inspections of some of these warehouses by the County of San Diego ("County") have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food -borne illness. The County has responded to these problems by enacting Ordinance No. 9525 (New Series), which establishes a mandatory permit program, a permit fee, and regulatory requirements applicable to wholesale food warehouses. The food stored in wholesale food warehouses is frequently distributed across city boundaries. An effective regional food warehoi; ;e , permitting ,and regulatory program requires enactment of a regulatory ordinance in this City that parallels the County ordinance, and cooperation between the City and the County to implement that ordinance. Section 2. County Enforcement of City Ordinance. The City has an agreement in place with the County that provides for certain services related to public health and sanitation to be provided by the County within the City. The City desires that the County also implement the permitting and regulatory program established by this ordinance. The City Manager is authorized to enter into any supplemental or modified agreement with the County that may be needed to affect this purpose. Section 3. Adoption of County Ordinance. Section 9.04.170 is added to the National City Municipal Code to read as follows: "Section 9.04.170. Wholesale Food Warehouses. The provisions of the County Code of Regulatory Ordinances concerning permitting and regulation of wholesale food warehouses, codified at sections 61.212 through 61.256 of the County Code, are incorporated into this Code by reference." Ordinance No. 2003 — May 6, 2003 Page Two Section 4. Fees. The County shall retain all fees and charges collected by it from regulated wholesale food warehouse owners or operators pursuant to the National City Municipal Code. PASSED and ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney GARY W. ERBECK DIRECTOR March 18, 2003 gunnt i f $un Piga DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (619) 338-2222 FAX (619) 338-2088 1-800-253-9933 www.sdcdeh.org Ms. Kathleen Trees, Building & Safety Director City of National City 1243 National City Blvd. National City, CA 91950-4031 RE: Cooperative Regional Regulation of Wholesale Food Warehouses Dear Ms. Trees: RICHARD HAAS ASSISTANT DIRECTOR Late last year the County received a number of complaints concerning conditionsat wholesale food warehouses. The County investigated those complaints, and discovered e fence of rodent infestations, mishandling of recalled food, and other conditions that could lead to foodborne illness. This is a problem for all of the cities in San Diego County, because wholesale food shipments routinely cross city boundaries. The County is unable to address this problem adequately based on state law. Retail food facilities are subject to a comprehensive state regulatory program that is administered by the County, but state law contains only a few basic sanitary requirements for most wholesale food warehouses. The County has responded to these problems by enacting a County ordinance. That ordinance was enacted with the support of the California Restaurant Association San Diego Chapter, the San Diego County Food and Beverage Association, and the California Independent Grocers and Convenience Stores. The ordinance establishes a mandatory permit program, with fees to support program costs. Facilities required to have permits must submit to regular inspections, and must comply with the substantive requirements set out in the ordinance. I have enclosed a copy of the County ordinance provisions. To be truly protective, this program needs to be applied countywide. To achieve that, the County has prepared a model City ordinance, for use by willing cities in San Diego. A copy is enclosed. Adoption of a City ordinance based on this model would incorporate the County program by reference, and establish a program within the City that parallels the County program. The model ordinance also authorizes the City Manager to enter into any supplemental or modified agreement with the County that might be needed to provide for County administration of this program. We request that you revise this model to conform to your ordinance adoption procedures, and propose adoption to your City Council. "Environmental and public health through leadership, partnership and science" 1 Ms. Kathleen Trees -2- March 18, 2003 City of National City The County would like to administer this program countywide, as it now administers other public health and environmental health programs. We believe the required framework for County administration is already in place. The County and the City already have an agreement in place under which the County provides services of this kind within the City, on a fee -supported basis. To support that arrangement, your city also has ordinance provisions in place that provide for the County to collect appropriate permit fees from businesses within the City that are subject to County administered regulatory programs. The County has incorporated a food warehouse fee into an update to the existing schedule of fees you have authorized the County to collect. Other County fees relevant to services provided by the County in your city have also been updated recently. In some cities these County fee updates become applicable automatically. In other cities, governing body action is needed to update County - related fees. We will be separately requesting that all cities that have not done so enact a local ordinance that provides for automatic fee updates. If you have any questions about the need for this program, or need any further assistance putting this program in place, please call Liz Quaranta, Chief of Food and Housing for DEH at (619) 338- 2360. The County could review and comment on draft materials, and would also be pleased to provide a speaker to assist you in presenting this matter for consideration by your City Council. Thank you for your assistance in better protecting the health of consumers in San Diego. GARY W. EK, Director Department of vironmental Health Attachments (2) The primary concern and purpose of the Food and Housing Division of the Department of Environmental Health is to protect and ensure the wholesomeness of food consumed by the citizens of San Diego County. Our approach is to insure the protection and wholesomeness of our food supply from the farm to table. A lack of regular inspection of wholesa3L food warehouses leaves a missing link in the chain of food protection. Concerns: • Food from an approved source • Food contaminated by vermin activity • Food exposed to unsanitary conditions • Food safety and security 3 47k FARM Antl SUPERMARKET RESTAURANT WHOLESALE WAREHOUSE wmmwmi wk-T,Ars ;MNITIMM, *Cla,C1 Oa ri 1±1CIOR: Th I Wholesale Food Warehouses ,Oceanside Carlsbad 5 Encinitas 2 Solona Beach 0 Del Mar 1 0 San Marcos 3 Vista 11 Escondido 5 Poway 3 San Diego 59 Santee 3 r El Cajon 7 II La Mesa 2 Lemon Grove 0 National City 2 C Coronado 0 C Chula Vista 15 I Imperial Beach 0 Unincorp. County'5 LOGAN JENKINS: Praise for NIMBYs brings mixed response / R AN DIEGO c o xi li''I,'. Y zuiTios Food warehouses face scrutiny County inspections will begin in June By Luis Moatuaqudo Jr. STAFF WRITER From his warehouse in the Morena District, Bob Harrington provides green bell pepper's and dried persim- mons to downs of San Diego Comity's top restaurants. But unlike those restaurants, Bar - riogton's warehouse isn't inspected regularly by public health workers. That will change in June, whennr- speedons start at the coumyrs estimat- ed 200 food storage warehouses. The businesses will be charged $325 to $400 a yea, based on their square footage. County officials said Harrington. runs a clean place, but not everyone in his business does. More than two years ago. a tip led authorities to au El Cajon Boulevard business where rodent feces were found inside food freezers, and meat and poultry were found gnawed by rodents. To prevent such lack of care.- San Diego County decided to start inspect- ing warehouses that supply food to restaurants and supermarkets. "You go to a restaurant and look for an 'A' card and you feel safe," said Viclde Church, a county environmen- tal health specialist. "Now, ifs taking it a step back and we are going to try to maintain the integrity of the food safety Program.' The program is passible because the ggiviing�local governments the authority to inspect wholesale food stragefecili ties Before, the state had the job. After the emblems were uncovet'ed. at the El Cajon Boulevard' warehouse in December 2000, the county looked into the newlaw. SEE Wm'eheases,133 -WAREHOUSES Los Angeles, Orange and San 'spectwarehouses twice ayear_ Be natdinu—that=conduct County: staffers who inspect CONTINUED PAGE ai ingwarehouse inspections. restaurants also will checkthe .Business groups Some details are still being Officials said they not decided, but the plan is to haveouses Planning m hire more are helped develop inthunincorporated te'areas �� th county program and in the regions atfes. The inspections'wrlibe of wholesale facilities that store produce and The warehouse was dosed other food_ i temporarily but later allowed' to : Facilities inspected by the i reopen after the owner pleaded "sue orpotherotauthoritieThose s will us - Iguilty to five misdemeanor i health code violations and nesses that process food, tea- yagreed to improve conditions. food and shellfish warehouses, f It since has changed owner and places that store beverages ---- --a sealed bottles h 'hat is definitely something The inspections will be semi-• business is run the sure) is lar to the ones the county does not every 1 we entedd to (make is a Pmoram that same way. That is why he sup- (: prevented in the future; said recognition. ports Liz Quaranta, chief of the Food and Housing DivisMn in the ent of Environ- mental Department mental Health The county organized meet- ings with representatives of warehouses and restaurant and bar associations. From those i meetings came a working i group of county officials and business representatives who developed the program, which being drifted or frozen at the mspecboas the Board of Supervisors ap- proper tempera6rresis frea d proved in December. whether the folly df San Diego will join three rodents and roaches. other California counties — The comity's goal is to ia- at restauran ,• the county program. San won nationaluwas first "I don't see why anyone Sana DiegotCounty restate- 'would want anyone to go into a in the state giveo inspect and not have a good rants 47. oo neyer grades expresterience," id 1947. The county inspects experience." said Iiarriagtan a restaurants four times a year co-owner of Specialty Produce and gives grades ofA, B and C. R car'tfatpom it" . Warehouses won't earn let- Stephen Zolezzi, executive ter grades, but inspectors will vice president of the San Diegc visit them and look for such Food and Beverage Assn:ia inca as whether the food is time, supports the warehoust Instead, ey inspections of some bt .es with a low risk of transrening food -borne illnesses, including bars that only sell liquor and coffee shops that sell only cof- fee and don't prepare food. Harringmo s warehouse pro: vides as many as 800 different foods to restaurants and hotels. The warehouse is Inspected lay some of the businesses he deals with, but Harrington said tuts Mg astisdv: (619) 542-4585 IuismoateagtdoBriniontrikcom '`\ke\ 03' voc (1,1' \'` Inbrief... Secrets of the stock market — and space by must there al- ways be an expla- nation when the stock market goes up or down? When the market opened sharply lower yesterday althe opening hell, a wire service report attributed it to "worries that the United States may go to warwithout U.N. backing." By midday the market had rallied. The wire service attributed that to "re- ports that the United States maybe closing in on al-Qaeda leader Osama bin Laden." By late after- noon, the market retreated. The wire service blamed it on `dismal jobs data." And by the closing bell, ijile market was up yet again, sup- posedly "on hopes that uncertainty about Iraq might soon end." We of- fer a simpler, all -encompassing ex- planation for the ups and downs of the Dow and the Nasdaq: When more stocks are bought than sold, the market goes up. When more are sold than bought, the market goes down. The rest, as they say, is conversation. • • • Since 1947, San Diego County has been inspecting restaurants and bars for compliance with food -handling regulations.. But the temperature at which restau- rant suppliers store foods can also determine how safe they are on a diner's plate. And where and how foods are stored can deter- mine whether they're an invita- tion to hungry customers or scavenging rodents. The state used to inspect nearly all ware- houses. But a particularly unap- petizing episode at a local busi- ness a couple of years ago prompted county officials to check out a state law, passed in 1999, that allows localities to take over inspections of storage facilities for produce and some other foods. In December, county supervisors approved a program that local warehouse businesses had a hefty hand in crafting. It concentrates on ware- houses handling foods most sus- ceptible to contamination. So, starting in June, the county will inspect once a year — and even- tually twice — warehouses that supply foodstuffs to restaurants and bars. That may burden some small operations. But its purpose is to drive out rats, not busi- nesses. • • • When an inflatable boat motored toward the USS Cole in Yemen two years ago, nobody prevented it from pulling alongside and explod- ing,cripplingtheshipandkflling 17 sailors. That explosion taught a costly lesson; punctuated -by 9/11. The Navy is prudently expanding the security perimeters and barri- ers thatprotectmilitaryshipsa. an- chor, including those in San 1 go Bay. The Coast Guard will enforce the security zones, and anyone who enters them without official permission is subject to a fine or prison time. Better two years late Chan never. • • • Somewhere out there on the outer edges of the solar system, a tiny spacecraft journeys silently to- ward interstellar space. NASA en- gineers report that, after more than 30 years, the last has been heard from Pioneer 10. A very weak signal was received last month from the craft, which was 7.6 billion miles. from Earth (82 times the distance between the Earth and the Sun). No signal was detected during the most recent contact attempt. Pioneer 10, which was built to last less than two years, will be remembered for being the first space probe to travel through the Asteroid Belt and send back pictures of Saturn and Jupiter, and the first to go beyond Pluto. On board the spacecraft is a gold plaque carved with the image of a man and woman and a message of goodwill from Earth to any other civilization it might reach. Warehouse Ordinance Elements ➢ Permits ➢Plan Review ➢ Temperature Requirements ➢Sanitation ➢ Plumbing ➢Structural ➢ Food Compartments ➢ Food Transport ➢ Permit ➢ Suspension/Revocation ATTACHMENT D(2) CLEAN VERSION OF ORDINANCE ORDINANCE NO. 9525 (NEW SERIES) AN ORDINANCE AMENDING PORTIONS OF TITLE 6 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FOOD AND HOUSING SEC. 61.211. WHOLESALE FOOD WAREHOUSES Sections 61.211 through Section 61.256 are to be known as the Wholesale Food Warehouse Ordinance. The Department of Environmental Health shall be and is hereby authorized and empowered to make inspections and issue permits to the owners and/or operators of wholesale food warehouses that hold or distribute food at wholesale. Section 13. Section 61.212 is hereby added to the San Diego County Code, to read as follows: SEC. 61.212. DEFINITIONS. Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section: (a) ADULTERATED. Having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased or injurious to health. (b) APPROVED. Acceptable to the Director based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles, practices and generally recognized industry standards that protect the public health. (c) APPROVED SOURCE. A producer, manufacturer, distributor, or food establishment that is acceptable to the Director based on the determination of conformity with applicable laws, or in the absence of applicable laws, with current health principles and practices, and generally recognized industry standards that protect public health. (d) DIRECTOR. For the purposes of this chapter, "Director" shall mean the Director of the Department of Environmental Health of San Diego County and his/her designees. (e) EMBARGO. The legal control exercised by the Director over the use, sale, disposal or removal of any food. (f) EMPLOYEE. Any person working in a wholesale food warehouse, including managers and/or owners. (g) FOOD. Any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection or condiment for human or animal consumption. (h) GOOD MANUFACTURING PRACTICES. The practices for manufacturing, packing, or holding food described in Title 21 of the Code of Federal Regulations, Part 110. (i) IMMEDIATE DANGER TO THE PUBLIC HEALTH OR SAFETY. For the purposes of this section, any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission; a hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, no potable water supply, and vermin infestation; or an. employee who is a carrier of a communicable disease. Any food facility for which the permit is suspended shall close and remain closed until authorized to reopen by the Director or Health Officer. (j) IMPOUND. The legal control exercised by the Director over the use, sale, disposal or removal of any equipment or utensil. (k) POTENTIALLY HAZARDOUS FOOD. Any food that is capable of (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications or (2) supporting the growth or toxic production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below; foods that have a water activity (aa) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage; or food that has been shown by appropriate microbial challenge studies, the results of which are approved by the Director, not to support the rapid and progressive growth of infectious, toxigenic microorganisms that may cause food infections or food intoxications, or the growth of Clostridium botulinum. (I) REMODEL. For purposes of this chapter, remodel means any replacement, significant modification, or installation of walk-in refrigerators or freezers, toilet rooms, and sinks used for utensil washing. (m) WHOLESALE FOOD WAREHOUSE. Any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. "Wholesale Food Warehouse" does not include food processing establishments, retail food facilities, or warehouses where only packaged beverages or food in sealed cans or bottles is received, stored and shipped in the same package as received, without opening or modifying the original package. 2 Section 14. Section 61.213 is hereby added to the San Diego County Code, to read as follows: SEC. 61.213. VIOLATION OF ANY SECTION OF THIS CHAPTER IS A MISDEMEANOR. Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than $25 or more than $1000 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every day any violations of this chapter shall continue shall constitute a separate and distinct offense. Section 15. Section 61.214 is hereby added to the San Diego County Code, to read as follows: SEC. 61.214. NUISANCE —POWER OF DIRECTOR. Every wholesale food warehouse kept, maintained or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported in violation of this chapter is declared a public nrIsance. The Director is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Director is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the Director shall inaugurate proceedings in accordance with Section 11.116, the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code, or shall seek a court order abating the nuisance. Nothing contained in this Code shall be deemed to limit the right and duty of the Director to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. Section 16. Section 61.215 is hereby added to the San Diego County Code, to read as follows: SEC. 61.215. PERMIT REQUIREMENT. A wholesale food warehouse shall not store, distribute, transport, ship, or otherwise handle food without all necessary permits, including a valid health permit. A wholesale food warehouse operating without the requisite permit may be subject to closure. Section 17. Section 61.216 is hereby added to the San Diego County Code, to read as follows: SEC. 61.216. PLAN REVIEW AND PERMITS. 3 Any person proposing to build or remodel a wholesale food warehouse shall submit complete construction plans, drawn to scale, and specifications to the Environmental Health Department for review and approval before starting construction or remodeling. Any construction shall be in accordance with applicable health and building codes. The Building Department shall not issue a building permit for a wholesale food warehouse until after it has received approval by the Environmental Health Department. Those facilities constructed prior to January 1, 2003 shall not be subject to plan review and construction upgrades unless the equipment, building or facilities are in disrepair, creating a public health nuisance, or undergoing remodeling. Section 18. Section 61.217 is hereby added to the San Diego County Code, to read as follows: SEC. 61.217. POSTING OF PERMIT. A wholesale food warehouse shall post its health permit in a conspicuous place in the establishment. Section 19. Section 61.218 is hereby added to the San Diego County Code, to read as follows: SEC. 61.218. RIGHT TO INSPECT. The Director may enter and inspect, any wholesale food warehouse or any place suspected of being a wholesale food warehouse and may issue inspection reports, official notices, and secure any sample, photograph or other evidence for the purpose of enforcing this chapter. Section 20. Section 61.219 is hereby added to the San Diego County Code, to read as follows: SEC. 61.219. RESISTING OR DISOBEYING A DIRECTOR PROHIBITED. No person shall refuse, resist or attempt to resist the entry of the Director into any establishment, facility, railway car, stage, vehicle, building, room, lot, place, or portion thereof in the County in the performance of his or her duty. No person shall refuse to obey any lawful order of the Director, made in the performance of his or her duties, within the power conferred upon him or her by state law or by this chapter. Section 21. Section 61.220 is hereby added to the San Diego County Code, to read as follows: SEC. 61.220. INSPECTION REPORT AND HEARING. 4 The Director shall prepare a written report of inspection and a copy shall be supplied or mailed to the permittee of the facility inspected. If the permittee fails to comply with the requests of the Director, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. Section 22. Section 61.221 is hereby added to the San Diego County Code, to read as follows: SEC. 61.221. PERMIT SUSPENSION. A health permit may be immediately suspended for repeated violations of this chapter, interference with the Director in the performance of his or her duty, or the presence of an immediate danger to the public health or safety unless the danger. is immediately corrected. Section 23. Section 61.222 is hereby added to the San Diego County Code, to read as follows: SEC. 61.222. PERMIT SUSPENSION NOTICE. Whenever a permit is suspended for violating this chapter, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged and informing the permittee of the right to a hearing. 5 Section 24. Section 61.223 is hereby added to the San Diego County Code, to read as follows: SEC. 61.223. SUSPENDED PERMIT REINSTATEMENT. A permit that has been suspended for violations of this chapter may be reinstated, if the Director determines that conditions which prompted the suspension no longer exist. Section 25. Section 61.224 is hereby added to the San Diego County Code, to read as follows: SEC. 61.224. PERMIT REVOCATION. The Director may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter, interference in the performance of the duty of the Director, or an immediate danger to the public health or safety. Any wholesale food warehouse for which the permit has been revoked shall close and remain closed until a new permit has been issued. Section 26. Section 61.225 is hereby added to the San Diego County Code, to read as follows: SEC. 61.225. APPEAL OF REVOCATION. A person aggrieved by the denial to of a permit may appeal from such denial to the Board of Supervisors in the manner set forth in Section 61.126. Section 27. Section 61.226 is hereby added to the San Diego County Code, to read as follows: SEC. 61.226. RIGHT TO IMPOUND. The Director may impound any equipment or utensil in a wholesale food warehouse, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Director may place a tag on impounded equipment or utensils that shall be removed only by the Director. Section 28. Section 61.227 is hereby added to the San Diego County Code, to read as follows: SEC. 61.227. RIGHT TO EMBARGO. The Director may embargo any food suspected of beingadulterated, unfit for human consumption, misbranded, or falsely advertised. The embargoed food shall be identified with a tag, detained, released or discarded. 6 Section 29. Section 61.228 is hereby added to the San Diego County Code, to read as follows: SEC. 61.228. RELEASE FROM IMPOUND OR EMBARGO. The Director shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Director. Section 30. Section 61.229 is hereby added to the San Diego County Code, to read as follows: SEC. 61.229. RESPONSIBILITY FOR VIOLATIONS. The owner, manager or operator of any wholesale food warehouse is responsible for any violation of this chapter by his or her employee. Section 31. Section 61.230 is hereby added to the San Diego County Code, to read as follows: SEC. 61.230. HEARING PROCEDURES. Hearings shall be held regarding non-compliance with this chapter in the following manner: (a) Director requirement. The Director may require the owner, operator or manager of a wholesale food warehouse to attend an administrative hearing to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to food facilities. (b) Request of facility owner, operator or manager. The owner, operator or manager of a wholesale food warehouse may request an administrative hearing to discuss events related to the enforcement of theprovisions of this chapter at his or her food facility. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) Hearing rules and procedures and appeal are pursuant to section 61.125, 61.126. and 61.127. 7 Section 32. Section 61.231 is hereby added to the San Diego County Code, to read as follows: SEC. 61.231. FOOD HANDLING. All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable federal and state laws and regulations including: Good Manufacturing Practices; the Food Sanitation Act; Sherman Food, Drug and Cosmetic Law; the California Business and Professions Code; and applicable sections of Title 17 of the California Code of Regulations. Preparation of food at wholesale shall only take place within a facility approved by and under the jurisdiction of the appropriate state or federal agency. Preparation of food includes the wholesale packaging or processing of unpackaged food, but does not include the trimming of or packaging of whole uncut produce. Section 33. Section 61.232 is hereby added to the San Diego County Code, to read as follows: SEC. 61.232. TEMPERATURE REQUIREMENTS. Potentially hazardous foods shall be maintained at a temperature at or below 41 degrees Fahrenheit or at or above 140 degrees Fahrenheit, except for the following: (a) Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 45 degrees Fahrenheit. (b) Frozen foods shall be maintained in a frozen state. (c) Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 45 degrees Fahrenheit. (d) Raw shell eggs shall not be stored or displayed at an ambient temperature above 45 degrees Fahrenheit. Section 34. Section 61.233 is hereby added to the San Diego County Code, to read as follows: SEC. 61.233. ICE When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with Good Manufacturing Practices. 8 Section 35. Section 61.234 is hereby added to the San Diego County Code, to read as follows: SEC. 61.234. EMPLOYEE SANITARY PRACTICES. No employee shall commit any act that may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment. Section 36. Section 61.235 is hereby added to the San Diego County Code, to read as follows: SEC. 61.235. GENERAL SANITATION REQUIREMENTS. All wholesale food warehouses including all equipment, utensils, facilities, and exterior grounds shall be kept clean, free from vermin, fully operative, and in good repair. Section 37. Section 61.236 is hereby added to the San Diego County Code, to read as follows: SEC. 61.236. ANIMALS OR FOWL PROHIBITED. No live animal or fowl shall be kept or allowed in any wholesale food warehouse where food is prepared, manufactured, kept, stored, distributed, offered for sale, or sold. This section does not apply to dogs used by the blind, signal dogs, service dogs, such dogs in training under proper supervision, dogs under the control of uniformed law enforcement officers, or dogs under the control of uniformed employees of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment as private patrolmen. Section 38. Section 61.237 is hereby added to the San Diego County Code, to read as follows: SEC. 61.237. PLUMBING. Plumbing shall be installed according to the Uniform Plumbing Code and shall be protected from backflow, kept clean, fully operative, and in good repair. An adequate, protected, pressurized, potable water supply shall be provided. The water supply shall be from a water system approved by the Director or the state department. 9 Section 39. Section 61.238 is hereby added to the San Diego County Code, to read as follows: SEC. 61.238. SEWAGE DISPOSAL. Sewage disposal shall be made into an approved sewerage system. Wastewater disposal shall comply with National Pollutant Discharge Elimination System (NPDES) and local wastewater treatment district standards. Section 40. Section 61.239 is hereby added to the San Diego County Code, to read as follows: SEC. 61.239. SANITARY SUPPLIES AND SIGNS. (a) Toilet tissue shall be made available in permanently mounted dispensers at each toilet. (b) Each hand -washing sink shall be provided with a permanently mounted dispenser supplied with single service soap, and a permanently mounted single service towel dispenser or other approved hand -drying device. (c) Signs shall be posted directing employees to properly wash their hands after using the toilet. Section 41. Section 61.240 is hereby added to the San Diego County Code, to read as follows: SEC. 61.240. RUBBISH, OFFAL, GARBAGE, AND PUTRESCIBLE MATTER. (a) Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize development of odor, minimize the potential for the waste becoming an attractant, harborage, or breeding place for vermin; protect against contamination of food, food contact surfaces, water supplies, and ground surfaces; and prevent the creation of any other nuisance. (b) Any garbage and putrescible matter shall be maintained in leakproof receptacles with close fitting lids. Such receptacles shall be thoroughly cleaned each time their contents are removed. (c) Adequate means shall be provided to prevent overflows of the refuse bin containers. Refuse pick up service shall be regular (not to exceed seven days). The size and/or number of refuse bin containers shall be adequate to prevent the creation of a nuisance. 10 Section 42. Section 61.241 is hereby added to the San Diego County Code, to read as follows: SEC. 61.241. RETURNED OR DAMAGED FOODS. All returned or damaged food and food products shall be safe and wholesome before return to inventory storage for distribution or sale. Section 43. Section 61.242 is hereby added to the San Diego County. Code, to read as follows: SEC. 61.242. CONSTRUCTION AND EQUIPMENT. It is unlawful to operate a wholesale food warehouse unless such operation is within buildings capable of being fully enclosed with floors, walls and overhead structure in compliance with this chapter. All buildings shall be of sound construction in accordance with all applicable codes; designed and maintained so as to provide proper drainage, plumbing, lighting, and ventilation. Section 44. Section 61.243 is hereby added to the San Diego County Code, to read as follows: SEC. 61.243. FLOORS. The floor surfaces in walk-in refrigerators and freezers, food storage areas, utensil washing areas, refuse or garbage storage areas, and toilet rooms shall be of such construction and material so as to be smooth; impervious to water, grease and corrosives; and easily cleanable. A minimum four inch (4") high approved coved base with a minimum three -eighths inch (3/8") radius shall be provided at the juncture of the wall and floor, except in refuse or garbage storage and warehouse areas. Section 45. Section 61.244 is hereby added to the San Diego County Code, to read as follows: SEC. 61.244. WALLS. Walk-in refrigerators and freezers, utensil -washing areas and toilet rooms shall have walls which are smooth, nonabsorbent, and have a washable finish. Section 46. Section 61.245 is hereby added to the San Diego County Code, to read as follows: SEC. 61.245. CEILINGS. The ceilings in walk-in refrigerators, walk-in freezers, utensils washing areas and toilet rooms shall be smooth, nonabsorbent and have a washable finish. 11 Section 47. Section 61.246 is hereby added to the San Diego County Code, to read as follows: SEC. 61.246. VENTILATION. (a) Approved ventilation shall be provided throughout the establishment to keep all areas reasonably free from excessive heat, steam, condensation, smoke, and vapor, and to provide reasonable comfort for all employees. (b) Toilet rooms and janitorial rooms shall be provided with an openable screened window, mechanical ventilation, or other approved ventilation system. Section 48. Section 61.247 is hereby added to the San Diego County Code, to read as follows: SEC. 61.247. VERMIN PROOFING. Wholesale food warehouses shall at all times be so constructed, equipped, maintained and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. Section 49. Section 61.248 is hereby added to the San Diego County Code, to read as follows: SEC. 61.248. SANITARY FACILITIES. (a) Employee handwash lavatories shall be provided within or adjacent to toilet rooms. Warm running water under pressure of at least 100 degrees Fahrenheit shall be provided through a mixing valve or combination faucet. Spring operated faucets are not permitted. (b) Separate toilet facilities for each sex are required if there are five or more employees per shift. Urinals may be substituted for toilets in toilet rooms for males but shall not exceed one-third (1/3) of the required number of toilets. Required number of toilets and hand washing sinks are dependent upon the number of employees in accordance with the Uniform Plumbing Code. Toilet rooms shall be separated from other portions of the wholesale food warehouse by well -fitting, properly labeled, self -closing doors. (c) All utensils used for handling unpackaged food or the trimming of produce shall be washed, rinsed, and sanitized in an approved three -compartment utensil -washing sink. A two -compartment sink may be used when alternative approved sanitation methods are used. Utensil -washing sinks shall be equipped with a supply of hot (minimum 120 degrees Fahrenheit) and cold running water under pressure through a mixing valve or combination faucet. 12 Section 50. Section 61.249 is hereby added to the San Diego County Code, to read as follows: SEC. 61.249. FOOD STORAGE. Adequate warehousing/storage facilities shall be provided for the storage or distribution of food. All food shall be properly stored a minimum of six inches (6") above the floor on shelving. Pallets may be used in lieu of shelving if equipment is available on demand to move the pallets. All storage racks and equipment for the storage of food or food products shall be constructed, and all sacks, boxes and other food containers shall be so arranged as to permit and facilitate the flushing with water, other cleaning and inspection of storage room floors and walls. At least twelve inches (12") of unobstructed space from the wall shall be provided in warehouse storage areas. Section 51. Section 61.250 is hereby added to the San Diego County Code, to read as follows: SEC. 61.250. JANITORIAL FACILITIES. The following janitorial facilities are'required at a wholesale food warehouse: (a) A room, area, or cabinet, separated from any food or utensil -washing area, shall be provided for the storage of cleaning equipment and supplies such as mops, buckets, brooms, and cleaners. (b) At least one of the following, provided with hot (at least 120 degrees Fahrenheit) and cold water under pressure through a mixing valve, to be used for general cleaning purposes and for the disposal of mop bucket waste and other liquid wastes: (1) A one -compartment, non -porous janitorial sink/mop sink (stainless steel, porcelain or fiberglass). (2) A slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain, connected to approved sewerage. Section 52. Section 61.251 is hereby added to the San Diego County Code, to. read as follows: SEC. 61.251. REFRIGERATORS AND FREEZERS. (a) Each wholesale food warehouse where potentially hazardous food is packaged, stored, distributed, or held for transfer must have adequate approved refrigeration. (b) Each refrigeration unit shall be equipped with accurate, readable thermometers. 13 Section 53. Section 61.252 is hereby added to the San Diego County Code, to read at follows: SEC. 61.252. ICE MACHINES. All icemakers shall be located within the approved wholesale food warehouse. Condensate and ice melt shall be drained to an approved floor sink by means of an indirect connection. Section 54. Section 61.253 is hereby added to the San Diego County Code, to read as follows: SEC. 61.253. FLOOR SINKS. Floor sinks shall be properly plumbed and installed with the sink top flush with the floor surface. All condensate and similar liquid waste shall be drained by means of a rigid indirectly connected waste lines into open floor sinks, or as approved by the Director. Horizontal runs of drain lines shall be at least six inches (6") off the floor, sloped toward floor sinks at a rate of one quarter inch (1/4") per foot, and shall terminate at least one inch (1") above the overflow rim of the floor sink. Floor sinks shall be located so that they are readily accessible for inspection, cleaning, and repairs, and not located in a walkway. Waste lines shall not cross any. aisle, traffic area, or door opening. Floor sinks are not permitted inside walk-in units unless they are indirectly connected to the sewer system through a legal air gap. Section 55. Section 61.254 is hereby added to the San Diego County Code, to read as follows: SEC. 61.254. AISLES AND WORK SPACE. Aisles or working spaces between equipment or between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties in accordance with local building and fire codes. Section 56. Section 61.255 is hereby added to the San Diego County Code, to read as follows: SEC. 61.255. FLOOR DRAINS. Adequate floor drains shall be provided in all areas where floors are subject to flooding -type cleaning or where normal operations release or discharge water or other liquid waste on to the floor. 14 Section 57. Section 61.256 is: hereby added to the San Diego County Code, to read as follows: SEC. 61.256. TRANSPORTATION OF FOOD. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected from contamination. All potentially hazardous foods shall also be kept at a temperature pursuant to SEC. 61.232 (TEMPERATURE REQUIREMENTS). All vehicle food compartments shall be maintained clean, sanitary, and in good repair. 15 ..fEETING DATE June 3, 2003 SECOND READING OF ORDINANCE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 (--ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.38 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS PREPARED BY Rudolf Hradecky DEPARTMENT City Attorney X4222 �II/Uu EXPLANATION This ordinance revises Chapter 9.38 to address federal preemption issues that were ruled upon by the United States Supreme Court in the case of Lorillard v. Reilly, 533 U.S. 525 (2001). The Lorillard case held that restrictions on cigarette advertising and restrictions that impeded cigarette promotional sales were illegal. The City council adopted this chapter regulating tobacco sales to minors prior to the Lorillard case. We recently received a letter from a law firm representing the R.J. Reynolds Co. alerting us to the potential for a lawsuit and attorney fees. Under federal law(15 U.S. Code section 1332, et seq.), no public agency or state may regulate cigarette advertising or promotions when the package bears certain prescribed language (e.g., "The Surgeon General has determined, etc "). The net effect is that a portion of the current chapter 9.38 requires revision in order to not subject the City to damages. However, the federal law only applies to cigarettes and does not apply to other tobacco products. Therefore, the revisions have been carefully drat to maintain the maximum permissible amount of restrictions on advertising of tobacco products and regulations denying access of minors to tobacco products and cigarettes, while observing federal requirements and restrictions now imposed by the Lorillard case and some other federal cases construing the federal statutes on advertising of cigarettes. 2 Environmental Review X N/A Financial Statement There is no cost to the City. Approved Nye Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below ) Strike -out version of ordinance Proposed ordinance Resolution No. A -Fun ,999i Chapter 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions. 9.38.030 Measure of distance. 9.38.040 Restrictions on location of tobacco products and advertising displays 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. 9.38.060 Self-service sale and distribution of tobacco products or cigarettes- -Prohibited. 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors, 9.38.080 Posting of signs regarding tobacco products and cigarette sates to minors. 9.38.090 Extensions for compliance. 9.38.100 Enforcement. Section 9.38.010 Purpose and intent. It is the purpose and intent of the city council to enact regulations further restricting the sale or display of tobacco products and cigarettes in the city to_ minors, beyond that provided for by state law.. Accordingly, the council, enacts the following regulations as not preempted by the Federal Cigarette Labeling and Advertising Act. 15 U.S. Code sec. 1332, et seq. Section 9.38.020 Definitions. For purposes of this chapter: A. "Advertising display" means a sign, sign -board, billboard, poster, or banner that is temporarily or permanently placed within a building,orJlisplayed in the window(s) of a commercial establishmentto advertise or promote products. It does not include printed material on the container of a product sold at retail. B. "Playground" means any outdoor premises or grounds owned or operated by the city, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. C. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the city. DD"School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the state of California. E. "Self-service display" means an open display of tobacco products or cigarettes to which . he public has accesspithout the intervention of an employee. FF."Tobacco advertising display" means an advertising display that concerns tobacco products. Deleted: L ---{Deleted; inside retail establishments) {_Focmattnd: Font 12 pt - Deleted: Distribution of free tobacco samples or promotional tems— Prohibted Deleted: governing Deleted: as a menace affecting the public health and welfare of is ctaens, and particularly Deleted: , for the reasons expressed in the preamble to the ordnance codified in this chapter, Deleted: R Deleted:, Deleted: is Deleted:, and is used { Deleted: that { Deleted: to G. "Tobacco product" means any substance or product other than cigarettes containing tobacco leaf, including but not limited to,cigars, pipe tobacco, snuff, chewing {Deleted: cigarettesi tobacco, and dipping tobacco. H. "Tobacco retailer" or "tobacco retail store" means any person or business entity that sells any "tobacco product" or "cigarettes", and includes an employee of that person or business entity. Any retail establishment selling "tobacco products" or "cigarettes" incidental to other merchandise qualifies within this definition. I. "Cigarette" as used in this chapter and as defined by 15 U.S. Code sec. 1332, means ; (1) any_roll of tobacco wrapped in_ paper or in any substance not containing tobacco; and,(2) ay roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph 1(1). J. "Vendor -assisted" means that only a store employee has access to,a particular , product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any $obacco • retail store and any school, playground, recreation center or facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the exterior of the tobacco retail store $o the closest property line of the school, playground, recreation center or facility, childcare center, or library. Section 9.38.040 Restrictions on location of tobacco products .nd tobacco advertising displays, $k. ft is unlawful for any $obac co retailer to place, ,p,aintain, or cause to be placed or maintained any Jobac co product or tobacco advertising display, within two feet of any sandy, snack, or non-alcoholic beverage display inside p tobacco retail store jocated within one thousand feet (1,000') of,any school, playground, recreation center or facility, childcare center or library. B. Except as allowed in Section 9.38.040A, it is unlawful for any person to advertise tobacco products within one thousand feet (1,000') of any school, playground, recreation center or facility childcare center or library. Section 9.38,050 Exceptions to location of tobacco products and advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040 does not apply in any establishment to displays containing tobacco products which are not accessible and ,visible to patrons, or to displays located above, behind or below a sales counter ,which are not accessible to patrons. Any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. remetted: telt, Indent First line: --- FormHted: Font: Not Bold { Fonnatbed: Font Not Bold { Deleted: the tobacco 2 Deleted: store or business that sells tobacco products Deleted: inside tobacco reail Inserted: Maw Deleted: stores r.n Inserted:s�res { Deleted: person, business, or { Deleted: or Deleted:, Deleted: , '•••'� Deleted: displays containing ( Deleted: s ( Deleted: slums, or businesses Deleted: that are Deleted: the premises of Deleted: B. . It is unlawful far any person, business, or tobacco ruler to place or maintain, or cause to be placed or maintained, any tobacco advertising display within two feet of candy, snack, or nonalcoholic beverage displays, inside stores or businesses that sell tobacco products and which are located within one thousand feet of the premises of any x,lwt playground, recreation center or faddy, childcare center, or library. Section 9.38.060 Self senrice sale and distribution of tobacco products or cigarettes —Prohibited. It is unlawful for anyJobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products or cigarettes. :Section 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors. A. it is unlawful for any Tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. B. It is unlawful for any tobacco retailer to permit or allow a minor to be within six feet of any area or display where cigarettes are distributed free or at reduced cost as part of a promotion. Section 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. A. Every jobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the I posting requirements of California Penal Code Section 308(c), satisfies, subsection A of this section. v Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises or advertising practices in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this chapter must comply within sixty calendar days after,iune 30, 2003. B. Any business owner may apply to the city manager, through the planning director, for a reasonable extension of lime within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. ``Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100 Enforcement. A. Violations of this chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Section 1.20.010 of this code. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector,- code conformance officer, business license inspector or fire inspector. 3 fDeleted: person, business, or Deleted: o Deleted: or Deleted: — Prohibited Deleted: person, business, or Deleted: person who sells or deals in tobacco products -{ Deleted: subsectioNs Deleted: C. _ It is unlawful for any person who sells or deals in tobacco products to fail to post a sign in accordance with subsections A or B of this section { Deleted: May 4, 2000 twrmattsd: instilled, Indent: First Wm 051', Right o.or { Deleted: If ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.38 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Chapter 9.38 of the National City Municipal Code is amended in its entirety to read as follows: Chapter 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions. 9.38.030 Measure of distance. 9.38.040 Restrictions on location of tobacco products and advertising displays. 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. 9.38.060 Self-service sale and distribution of tobacco products or cigarettes- -Prohibited. 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors. 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. 9.38.090 Extensions for compliance. 9.38.100 Enforcement. Section 9.38.010 Purpose and intent. It is the purpose and intent of the city council to enact regulations further restricting the sale or display of tobacco products and cigarettes in the city to minors, beyond that provided for by state law. Accordingly, the council enacts the following regulations as not preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S. Code sec. 1332, et seq. Ordinance No. 2003 — Page 2 of 4 Section 9.38.020 Definitions. For purposes of this chapter: A. "Advertising display" means a sign, sign -board, billboard, . poster, or banner that is temporarily or permanently placed within a building or displayed in the window(s) of a commercial establishment to advertise or promote products. It does not include printed material on the container of a product sold at retail. B. "Playground" means any outdoor premises or grounds owned or operated by the city, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. C. `Recreation center or facility" means any recreation center or facility under the control, direction or management of the city. D. "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the state of California. E. "Self-service display" means an open display of tobacco products or cigarettes to which the public has access without the intervention of an employee. F. "Tobacco advertising display" means an advertising display that concerns tobacco products. G. "Tobacco product" means any substance or product other than cigarettes containing tobacco leaf, including but not limited to cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. H. "Tobacco retailer" or "tobacco retail store" means any person or business entity that sells any "tobacco product" or "cigarettes", and includes an employee of that person or business entity. Any retail establishment selling "tobacco products" or "cigarettes" incidental to other merchandise qualifies within this definition. I. "Cigarette", as used in this chapter and as defined by 15 U.S. Code sec. 1332, means : (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph 1(1). J. "Vendor -assisted" means that only a store employee has access to a particular product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any tobacco retail store and any school, playground, recreation center or facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the exterior of the tobacco retail store to the closest property line of the school, playground, recreation center or facility, childcare center, or library. 2 Ordinance No. 2003 — Page 3 of 4 Section 9.38.040 Restrictions on location of tobacco products, and tobacco advertising displays. A. It is unlawful for any tobacco retailer to place, maintain or cause to be placed or maintained any tobacco product or tobacco advertising display within two feet of any candy, snack, or non-alcoholic beverage display inside a tobacco retail store located within one thousand feet (1,000') of any school, playground, recreation center or facility, childcare center or library. B. Except as allowed in Section 9.38.040A, it is unlawful for any person to advertise tobacco products within one thousand feet (1,000') of any school, playground, recreation center or facility, childcare center or library. Section 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. A. Section 9.38.040A does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040A does not apply within any establishment to displays containing tobacco products which are not accessible and visible to patrons, or to displays located above, behind or below a sales counter which are not accessible to patrons. Any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. Section 9.38.060 Self-service sale and distribution of tobacco products or cigarettes --Prohibited. It is unlawful for any tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products or cigarettes. Section 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors. A. It is unlawful for any tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas whereminors are not permitted. B. It is unlawful for any tobacco retailer to permit or allow a minor to be within six feet of any area or display where cigarettes are distributed free_ or at reduced cost as part of a promotion. Section 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. A. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. 3 Ordinance No. 2003 - Page 4 of 4 B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies subsection A of this section. Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises or advertising practices in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this chapter must comply within sixty calendar days after June 30, 2003. B. Any business owner may apply to the city manager, through the planning director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100 Enforcement. A. Violations of this chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Section 1.20.010 of this code. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, code conformance officer, business license inspector or fire inspector. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Della City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: nGeorge H. Eiser, Ili City Attorney 4 SECOND READING OF ORDINANCE City of National City, California COUNCIL AGENDA STATEMENT ATE June 3, 2003 AGENDA ITEM NO. 14 ITEM TITLE An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code relating to Business and Franchise Taxes by amending Chapters 6.04 (Business Taxes) and 6.20 (Residential Rental Taxes), (continued below) PREPARED BY DEPARTMENT Zinda Jimenez Finance EXPLANATION Please see attached Staff Report. "Continuation of Item Title above" recodifying and renumbering chapter 6.70 into Title 4 as Chapter 4.50 relating to Building Construction Fees, and repealing Chapter 6.14 (Adult Movies and Bookstores), 6.18 (Amusement Arcades), 6.22 (Auctions and Auctioneers), 6.24 (Bowling Alleys), 6.30 (Dance Halls), 6.34 (Delivery Services), 6.44 (Going out of Business Sales), ; 41 (Pawn Brokers), 6.60 (Swapmeets) 6.62 (Mobile Home Parks), 6.64 (Mobile Amusement Vehicles), 6.66 (Mobile Searchlight Advertising), 6.68 (Towing Services), 6.73 (Video Machines), and amending Title 10, by adding Chapter 10.57 regulating Swapmeets. Environmental Review N/A (Financial Statement N/A Approved By: Marylou Matienzoj Finance Diret•r Account No. N/A ("STAFF RECOMMENDATION Staff recommends approving the Ordinance. BOARD / COMMISSION RECOMMENDATION N/A A 1ACHMENTS ( listed Below 1. Staff Report 2. Ordinance luti©n No, STAFF REPORT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO BUSINESS AND FRANCHISE TAXES BY AMENDING CHAPTERS 6.04 (BUSINESS TAXES) AND 6.20 (RESIDENTIAL RENTAL TAXES), RECODIFYING AND RENUMBERING CHAPTER 6.70 INTO TITLE 4 AS CHAPTER 4.50 RELATING TO BUILDING CONSTRUCTION FEES, AND REPEALING CHAPTERS 6.14 (ADULT MOVIES AND BOOKSTORES), 6.18 (AMUSEMENT ARCADES), 6.22 (AUCTIONS AND AUCTIONEERS), 6.24 (BOWLING ALLEYS), 6.30 (DANCE HALLS), 6.34 (DELIVERY SERVICES), 6.44 (GOING OUT OF BUSINESS SALES), 6.54 (PAWN BROKERS), 6.60 (SWAPMEETS) 6.62 (MOBILE HOME PARKS), 6.64 (MOBILE AMUSEMENT VEHICLES), 6.66 (MOBILE SEARCHLIGHT ADVERTISING), 6.68 (TOWING SERVICES), 6.73 (VIDEO MACHINES), AND AMENDING TITLE 10, BY ADDING CHAPTER 10.57 REGULATING SWAPMEETS EXECUTIVE SUMMARY The proposed revisions to the Business License Tax are designed to improve administration and clarify procedures. The proposed revisions do not change the existing business tax structure or impose any new or higher taxes. This ordinance reorganizes Title 6 of the Municipal Code into a more functional orientation. Title 6 is currently titled "Business License and Regulation". It is proposed that Title 6 be titled instead "Business and Franchise Taxes" and that those provisions which purport to be regulatory be functionally integrated into other Titles and Chapters. Over a number of years, additions to Title 6 and Chapter 6.04 affected the cohesiveness of the business tax structure, by trying to accomplish regulatory goals rather than fiscal administration. These proposed amendments to Chapter 6.04 would return the business tax code to a primary revenue function, with however a generic minor regulatory mechanism concerning fraudulent business or consumer protection practices by licensed businesses. The impetus for the proposed changes arose from the need to improve administration of the business license provisions contained in chapter 6.04. That chapter concerns collection and administration of the business license tax. It is not a regulatory mechanism for regulating business. However, many of the other Staff Report - Amending Title 6 May 20, 2003 Page 2 of 12 chapters in Title 6 purport to be regulatory, based upon a premise that the "business license" can also be used as a regulatory device (permit) to close down a business by revoking the "license". In neither practice nor theory has this been possible, and that approach did not result in any definable benefit to the city. In addition, many of the Title 6 regulations were found to be antiquated, unusable or inefficient. There has been no instance of any attempted revocation as a regulatory or enforcement mechanism either. In conjunction with the Police Department, the finance department, and other City departments, it was decided to propose a reorganization of Title 6 into a functional approach. Title 6 would address City revenues from franchises, business taxes and residential rentals, and the balance of its provisions would be reassigned to Title 9 for health regulated issues, Title 10 for police and public safety and Title 11 for vehicles and traffic safety. In addition, the provisions of Chapter 6.70 relating to construction fees would be added to Title 4 as a new Chapter 4.80 because the construction fee is not tax related revenue. A prior ordinance relocated chapters from Title 6 dealing with police department concerns in the field of adult oriented entertainment, massage establishments, escort services, and gambling and related industries with high potential for vice and fraudulent practices into Title 10. The following rearrangement of Title 6 is proposed through this ordinance: CHANGES TO CHAPTER 6.04 (BUSINESS LICENSE AND TAXES) Chapter 6.04 dealing with business licenses is to be revised in its entirety. The amendments do not alter the tax structure or increase taxes and therefore are not required to be submitted to a vote of the electorate under Proposition 218. The previous concepts and regulations of Chapter 6.04 have generally been kept, but the language is changed for clarification. The text is organized into nine divisions and two appendices. Notable changes are listed below in the paragraph captioned "Significant Changes to Prior Code." 2 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 3 of 12 Our discussion, analysis, and summarization follows: Division l - General This division reaffirms that the purpose of Chapter 6.04 is to raise revenue for the General Fund for the privilege of conducting business and receiving the benefits of City services (6.04.010). All for -profit entities conducting business within the city are required to obtain a business license and pay a tax. Non-profit and exempted entities must apply for and obtain a business license but are not required to pay a tax. Payment of tax and issuance of a tax license does not exempt a business from compliance with other ordinances. The tax license does not substitute for any other permit that may be required for doing business at a particular site (6.04.020). This chapter recodifies and amends the existing business tax laws (6.04.030). It also recodifies and republishes the previously adopted tax rates and schedules from Ordinance Nos. 1606 and 2037 and other previous tax ordinances into Appendices A and B to this Chapter. Finally the ordinance provides for judicial severability and interpretation to maintain continuity of administration (6.04.040). Division II - Definitions This division consists of a single section, Section 6.04.050, containing an alphabetical listing of terms used throughout Chapter 6.04. Alphabetical listing without subsection designation allows for future amendment without disruption of the numbering system. The definitions do not contain any regulatory provisions within their text; instead, regulations are relegated to other sections. Division Ill - Adminis tration This division restates the authority of the collector to implement the business tax code by making interpretative rulings to aid in enforcement and administration (6.04.060). Exemptions from taxation or the application of the chapter are based on statute and interpretive analysis of burdens on interstate commerce. Businesses identified as 3 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 4 of 12 exempt (non-profit, etc.) will be issued fee exempt licenses. Also exempted from taxation are permitted garage sales, occasional swap meet vendors, disabled veterans, and juvenile entrepreneurs under seventeen (17) years of age; an additional exemption is provided for occasional craft fair vendors (6.04.070). Apportionment of tax ►iability is allowed for businesses conducting business in more than one jurisdiction. All businesses are required to keep accurate records for inspection, and to provide notice of changes of address or phone number (6.04.080). Information collected is confidential; it may be used only for official purposes, and is not releasable except pursuant to a subpoena or court order (6.04.090). Transfer of a business tax license is not allowed. A new license is required in the event of a change of ownership or business identity. Amendment of the license is allowed for change of name or address (6.04.100). Duplicate tax licenses or decals may b_ issued upon loss or destruction for a designated fee.(6.04.110). Payment by check for tax or a regulatory permit is invalid if the check is dishonored, and no right to operate is conferred until valid •payment is made. Once established, tax liability continues until the business has taken affirmative steps to terminate its business status and notify the collector. Unpaid taxes may be collected as a personal liability. No refunds are allowed for the unexpired tax year (6.04.130). The collector processes the business tax license along with other regulatory clearances necessary (e.g., zoning, home occupation, fire and building safety) and collects regulatory clearance fees for each. Refund of the business tax deposited is made if the business cannot obtain regulatory clearance and the business has not already opened. Processing fees for regulatory clearance are not refundable (6.04.140). Audit provisions allow the city's actual audit costs to be recoverable in the event tax -related revenues are misstated by more than 5% in any application (6.04.150). Business licenses may be revoked for good cause, such as consumer fraud, unfair trade practices and similar violations of state, federal and local law that rationally relate to proper business practices (6.04.170). Appeals from classification or tax liability determinations or license revocation may be made to the City Treasurer and be determined through an administrative hearing process (6.04.160). 4 Business & Franchise Taxes Staff Report Staff Report - Amending Title 6 May 20, 2003 Page 5 of 12 Division IV - Applica tion, Issuance and Display of License All persons conducting business within the city are required to apply for and obtain a business license. This division covers the application process (6.04.180), the contents of the tax license to be issued (6.04.190) and display requirements of an issued license (6.04.200). Decals are issued for vehicles and coin operated equipment through which business is conducted (6.04.200). Licenses and decals must be displayed visibly to the public. Division V - Classific ation of Businesses This division promulgates a business classification schedule for taxing purposes according to the tax rate classification schedule previously established in Appendix "A" to Ordinance 1606. The classification schedule lists categories of business and the corresp )riding tax rate schedule. Section 6.04.220 provides that if an entci-prise can be classified under more than one schedule, it shall first be classified according to the classification schedule corresponding to the highest dollar volume of business, and when those volumes are equal, then to the classification schedule which produces the highest tax. Provision is made for updating classifications according to the current Standard Industrial Classifications (SIC). Section 6.04.230 establishes special classification rules for multiple business activity or location and for warehouses, distribution facilities and corporate headquarters that do not directly generate cash sales but are an integral part of revenue generation for another business entity. Section 6.04.240 addresses a particular problem associated with independent contractors. Business licenses may be issued only to persons and entities operating as a business, and not as an employee of another. To be classified as an independent contractor, the applicant must actually be in business and have a business address other than an already licensed premise, except that an out of city independent contractor may use the National City address where the work is being performed. This section would thereby preclude a proprietor from requiring its employees to be licensed as independent 5 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 6 of 12 contractors to avoid statutory liability for withholding tax, unemployment and workers compensation (6.04.250). Division VI - Computation and P ayment of Taxes This division provides that payment of business tax is required as a condition of doing business or maintaining a business address or identity in National City. Tax liability exists until the collector determines that business is no longer being conducted. A sworn declaration under declaration of perjury may be required as a precondition to that determination (6.04.260). Except for those businesses for which a flat tax is established (see Appendix B), section 6.04.270 requires a business to pay an initial tax deposit of $50 during its first year of business, prorated quarterly. The tax for the following year is then computed on the basis of the total gross receipts computed through December 31st of the irst year of operation. The business tax on gross receipts is computed annually using a tax table (Appendix A) based on the gross receipts for the previous year and the tax schedule for that classification of business. There are six (6) tax schedules (1-6) which maintain a tax rate of between S 1 2 per $10,000 of gross receipts (Schedule 1) to $32 per $10,000 of gross receipts (Schedule 6), depending on the corresponding business classification. That tax table in Appendix A is a recodification of the tax previously established by Ordinance 2037. This section also maintains prior provisions that taxes will not be charged against gross receipts in excess of $22 million per year. Business taxes are payable annually between January 1st and March 1st, and become delinquent and subject to penalty thereafter (6.04.290). Failure to file and pay a tax when due allows the collector to assess a tax based on actual gross receipts or, when difficult to compute or obtain, an imputed gross receipts basis, unless the payer can prove otherwise (6.04.300). A flat tax of $65 annually per vehicle is prescribed for business by vehicle (delivery services, mobile mechanics, etc.) and $200 per year per vehicle for mobile food vendors. These businesses may, however, 6 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 7 of 12 elect to be taxed on a gross receipt basis (6.04.310), in which case the initial first year tax is prorated. Contractor businesses located outside the City limits pay an annual tax of $200 if licensed by the state as an "A" or "B" contractor and $125 if operating as a C or D licensed contractor. Taxes on contractors commencing business during the last quarter of the year are prorated. Any of these businesses may also elect to be taxed on gross receipts derived within the City. In order to deal with a particular problem associated with unpermitted small job work by contractors not licensed to do business in National City, a separate category to cover a day's labor permit is proposed. An out -of -city contractor can obtain a one -day tax certificate for ten dollars ($10) to cover an installation that does not exceed $500 materials and labor. The contractor is limited to a 7:ximum of two (2) one -day (or one job) permits per calendar year. The contractor must certify under penalty of perjury that he or she has not performed any work that exceeded $500 materials and labor, nor applied for more than two (2) one -day (or one job) tax certificates during the current calendar year. If any single job either exceeds $500 or is the third job being performed, then the full business tax is required. If a contractor is caught doing work without having paid any tax, however, then full tax license liability and penalties are imposed. The City Engineer and Building and Safety Director believe this will encourage more small jobs to be performed under a permit and be inspected for public safety — jobs which otherwise would escape either inspection or tax license compliance. All other persons conducting business in National City who do not maintain a business address within the City are subject to the greater of a $65 flat tax or a tax measured on gross receipts from business in the City (6.04.320). Finally, certain categories of businesses are taxed under special category flat rate taxes established by prior ordinances. Appendix B titled "Special Business Category Tax Table" is added to Chapter 6.04 to list the annual flat tax established by the prior ordinances for those special category of business taxes. These businesses may continue to be taxed at the former flat tax rates, or may elect to be taxed on a 7 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 8 of 12 gross receipt basis. Those businesses include, among others: video machines; bowling alleys; and amusement arcades. Swap meets and pawn shops are eligible to elect the gross receipts method (6.04.330). Provision is made to allow proration of the first year's business tax. The first year tax is based upon the minimum tax for all schedules of $50. Depending upon the quarter of start-up, the business operator would pay $50, $37.50, $25 or $12.50 for the first year, and the second year tax would be based on actual gross receipts for the first year of business. It is estimated that this change could result in a tax loss of approximately $1,825 per year. Proration is not allowed for businesses with a flat tax, or for out of city contractors and mobile businesses unless they elect the gross receipt method. Out of city contractors receive a prorated tax only if they begin business in National City during the las' quarter of the calendar year. OPTIONS: The City Council may extend the prorated first year tax to all contractors and other businesses, or may elect not to prorate initial taxes for the first year of business for any business. Division VII — Refunds This division governs refunds. Refunds for overpayment of tax must be claimed no later than one (1) year following the end of the month in which the overpayment was made. The burden is on the taxpayer to prove overpayment (6.04.350). Refunds are allowed for closing of business caused by eminent domain (6.04.360). Division VIII — Collection, Enforc ement and Penalties This division provides for penalties of 20% per month, to a maximum not to exceed the total base tax due (100%), for delinquencies in payment. Provision is made to toll the running of penalties upon written agreement with the Collector (6.04.370). Penalties for non-payment are not assessed against previously licensed itinerant vendors or out of town vendors until thirty (30) days after they again commence business in National City (6.04.370C). Taxes 8 Business & Franchise Taxes Staff Report Staff Report— Amending Title 6 May 20, 2003 Page 9 of 12 are debts, and other City refunds may be offset against back taxes due. Collection may occur through civil action and the withholding of other City permits, and the non -issuance of a business license for outstanding debts owed to the city, typically sewer bills (6.04.380). Mistakes of the collector in computation or classification do not bar collection of the proper amount of tax (6.04.390). Enforcement officials may require the production and display of records and tax licenses, as well as a listing of tenants and subcontractors from other taxpayers as an aid in enforcement. Collectors are authorized under Penal Code Section 853.6 to issue citations and make arrests (6.04.400), and to impose an administrative penalty of $500 for failure to produce or maintain adequate records. Division IX — Violations Punishable violations include misrepresentation, m ,-use of licenses, evasion, unauthorized duplication and alteration of issued licenses (6.04.420). Section 6.04.430 makes any violation of a mandatory provision or prohibition of Chapter 6.04 a misdemeanor punishable by fines of $ 1 ,000 or imprisonment not to exceed six (6) months, or both. SIGNIFICANT CHANGES TO PRIOR CODE 1. Maintains flat tax rate for certain businesses (vending by vehicle, out of town contractors, bowling alleys, swap meets, video machine) and allows the taxpayer (including pawn shops and swap meets) the option to be taxed at corresponding gross receipt rates instead. 2. Provides for administrative appeals to the City Treasurer versus an appeal to the City Council. This allows for the development of an administrative record based on technical interpretation, affords appellant sufficient time to present its case, avoids counter -productive use of Council time, and maintains some degree of privacy to the business owner. 3. Prorates taxes for business operators on a quarterly basis, and for out -of - city contractors who commence business in the last quarter, and adds a special category one -day ten dollar tax certificate for small jobs of less 9 Business & Franchise Taxes Staff Report Staff Report — Amending Title 6 May 20, 2003 Page 10 of 12 than $500 material and labor in order to encourage permit compliance and inspections. 4. Allows collector to estimate gross receipts upon failure of business to apply for license or pay proper tax due. 5. Establishes audit procedure and recovery of audit costs for misstatements of gross receipts. 6. Strengthens enforcement and collection provisions by allowing for set-off against funds on deposit with Cityand withholding of other development permits, except those necessary to correct code violations, and allows withholding of issuance or re -issuance of tax license for outstanding sewer charges or other indebtedness to the city. 7. Republishes previously adopted tax rate and classi` ration schedules within Chapter 6.04 as Appendix A, and adds an Appendix B to list special tax situations. 8. Makes clear that the business tax is in lieu of the residential rental tax, and vice versa, and that the business tax administrative provisions will also apply to the administration and enforcement of the residential rental tax, a procedure that did not previously exist. PROPOSED CHANGES TO OTHER CHAPTERS IN TITLE 6 Chapter 6.10: Cable Television Franchises — No ch ange. Chapter 6.14: Adult Movies and Bookstores — Recommended for repeal. This is already regulated through chapter 18.69 as a zoning matter. The existing provisions are tax related and are therefore incorporated into the Chapter 6.04 general business tax provisions. Chapter 6.18: Amusement Arcades — Recommended for repeal. This is already regulated by Title 18 as a zoning matter. The existing provisions are tax related, and therefore can be repealed through normal inclusion in Chapter 6.04. 1 0 Business & Franchise Taxes Staff Report Staff Report - Amending Title 6 May 20, 2003 Page 11 of 12 Chapter 6.20: Residential Rentals - Retained, but amended to clarify that trailer coaches located in mobile home parks are considered residential structures which are, and have previously been, subject to rental tax. Additional language is included to provide procedures for administering this chapter using the administration provisions of Chapter 6.04, and issuance of a residential rental tax certificate in lieu of a business tax license. Chapter 6.22: Auctions and Auctioneers - Recommended for repeal. State law already regulates auctions and auctioneers, and an auction business remains taxable pursuant to Chapter 6.04. Bowling Alleys - Recommended for repeal. Bowling alleys are taxed as businesses pursuant to Chapter 6.04 and are not otherwise regulated, except by ABC for liquor sales, and zoning. Dance Halls - Recommended for repeal. Premises authorized to hold dances are governed by Title 18, zoning. No separate regulation was required under existing ordinances, although a TUP under Chapter 15.60 could be required for dances proposed for a location not authorized by zoning. Disorderly patron conduct at cabarets and other places of entertainment is covered by Chapter 10.78. Chapter 6.24: Chapter 6.30: Chapter 6.34: Chapter 6.44: Chapter 6.54 Delivery Services - Recommended for repeal. Taxation aspects are adequately covered under Chapter 6.04 and separate regulation is not required. Going Out of Business Sales - Recommended for repeal. Business taxation aspects are addressed in Chapter 6.04 relating to termination of future tax liability of an enterprise that goes out of business. (Originally may have had some consumer protection aspects, but adequate protection exists under Business and Professions Code for deceptive trade practices). Pawn Brokers - Recommended for repeal. Regulated by Business and Professions Code. 11 Business & Franchise Taxes Staff Report Staff Report - Amending Title 6 May 20, 2003 Page 12 of 12 Chapter 6.60 Swap Meets - Chapter is recommended for repeal and relocation to new Chapter 10.57 as a consumer protection related regulation, without substantial change. Chapter 6.62: Mobile Home Parks - Recommended for repeal. Duplicated in existing provisions of Chapter 9.08. However, City no longer regulates mobile home parks. Residential rental tax is applied through Chapter 6.20 regarding residential rentals. Chapter 6.64: Mobile Amusement Vehicles - Recommended for repeal. Business tax aspects adequately addressed under Chapter 6.04 and separate regulation is not required. Chapter 6.66: Mobile Searchlight Advertising - Recommended for repeal. See prior comments regarding Chapter 6.64. Chapter 6.68: Towing Services - Recommended for repeal. Currently duplicated in Chapter 11 .56. Chapter 6.70: Building Construction Fees - Relocated to Title 4 (Revenues) as Chapter 4.50 and each section is renumbered. It is revenue related as a fee rather than being a tax. Maintains distinction between "tax" and fee". No other changes. Chapter 6.73; Video Machines - Recommended for repeal. Taxation aspects adequately addressed under revisions to Chapter 6.04. Regulation already exists under zoning (Title 18). Coordination with affected business associations. Copies of the proposed ordinance were circulated to The Chamber of Commerce, the Mile of Cars Association, the San Diego Apartment Owner's Association, the National City SwapMeet, and hotel and motel trade representatives. Comments, when received or when appropriate, have been considered or addressed in the proposed ordinance. 12 Business & Franchise Taxes Staff Report ORDINANCE NO. 2003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO BUSINESS AND FRANCHISE TAXES BY AMENDING CHAPTERS 6.04 (BUSINESS TAXES) AND 6.20 (RESIDENTIAL RENTAL TAXES), RECODIFYING AND RENUMBERING CHAPTER 6.70 INTO TITLE 4 AS CHAPTER 4.50 RELATING TO BUILDING CONSTRUCTION FEES, AND REPEALING CHAPTERS 6.14 (ADULT MOVIES AND BOOKSTORES), 6.18 (AMUSEMENT ARCADES), 6.22 (AUCTIONS AND AUCTIONEERS), 6.24 (BOWLING ALLEYS), 6.30 (DANCE HALLS), 6.34 (DELIVERY SERVICES), 6.44 (GOING OUT OF BUSINESS SALES), 6.54 (PAWN BROKERS), 6.60 (SWAPMEETS), 6.62 (MOBILE HOME PARKS), 6.64 (MOBILE AMUSEMENT VEHICLES), 6.66 (MOBILE SEARCHLIGHT ADVERTISING), 6.68 (TOWING SERVICES),. 6.73 (VIDEO MACHINES), AND AMENDING TITLE 10, BY ADDING CHAPTER 10.57 REGULATING S. '.?MEETS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 6 is amended by changing the heading and the table of contents to read as follows: Chapters: 6.04 6.10 6.20 TITLE 6 BUSINESS AND FRANCHISE TAXES Business tax license Cable television Residential rentals Section 2. That Chapter 6.04 is amended in its entirety by amending Sections 6.04.010 through 6.04.250 and adding Sections 6.04.260 through 6.04.430, all to read as follows: 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Sections: I. GENERAL 6.04.010 6.04.020 6.04.030 6.04.040 II. DEFINITIONS 6.04.050 Chapter 6.04 BUSINESS TAX LICENSE Purpose of chapter Effect of other ordinances Recodification Severability Definitions III. ADMINISTRATION 6.04.060 6.04.070 6.04.080 6.04.090 6.04.100 6.04.110 6.04.120 6.04.130 6.04.140 6.04.150 6.04.160 6.04.170 Rulemaking authority Statutory exemptions or apportionment Statements and recordkeeping Information confidential Business tax license —Nontransferable —Change of name, location or ownership Replacement of business tax license or decal Effect of dishonored check Cancellation of business tax license and termination of future tax liability Transition and administrative provisions Audit Appeals Revocation of Business Tax License IV. APPLICATION, ISSUANCE AND DISPLAY OF LICENSE 6.04.180 6.04.190 6.04.200 6.04.210 Contents of application Contents of business tax license Posting of business tax license and sticker or decal [Reserved] 2003 Ordinance 2 Business and Franchise Taxes NCMC Title 6 V. CLASSIFICATION OF BUSINESS 6.04.220 6.04.230 6.04.240 6.04.250 Determination of business classification Special classification and administration rules for multiple business activity or location, or both, and warehouses, headquarters and distribution facilities Independent contractors [Reserved] VI. COMPUTATION AND PAYMENT OF TAXES 6.04.260 6.04.270 6.04.280 6.04.290 6.04.300 6.04.310 6.04.320 6.04.330 6.04.340 VII. REFUNDS 6.04.350 6.04.360 Business tax payment —Required Initial business tax Computation of total business tax based on gross receipts Business tax —How and when payable Computation of tax upon failure to file an initial application or a renewal application Business by vehicle —Optional rate Businesses located outside city limits —Optional rate Specific taxes applicable to specific categories of businesses [Reserved] Refunds of overpayments Refund for termination by governmental action VIII. COLLECTION, ENFORCEMENT AND PENALTIES 6.04.370 6.04.380 6.04.390 6.04.400 6.04.410 IX. VIOLATIONS 6.04.420 6.04.430 X. APPENDICES A. B. 2003 Ordinance Delinquent taxes —Penalties —Installment payment Tax deemed debt —Collections Effect of mistakes Enforcement [Reserved] Misuse of business tax license or indicia Penalty for violations GROSS RECEIPTS TAX TABLE FLAT TAX RATES FOR SPECIFIC BUSINESSES 3 Business and Franchise Taxes NCMC Title 6 I. GENERAL 6.04.010 Purpose of chapter. A. This chapter is enacted to raise revenue for municipal purposes. The business tax is revenue to the General Fund for the privilege of conducting business within the City of National City and receiving the benefits of various City services. B. This Chapter 6.04 is a recodification of prior regulations governing business taxes. It applies to all persons conducting business within National City. It establishes requirements for payment and procedures for licensing, administration and enforcement of the business tax. 6.04.020 Effect of other ordinances. A. Except as provided in Section 6.04.020B, persons required to pay a business tax for the privilege of conducting business under the provisions of this chapter shall not be relieved from the payment of any tax or permit fee required under any other ordinance of the city, and shall remain subject to the regulatory provisions of all other ordinances. Payment of the business tax and issuance of a business tax license does not authorize the conduct of any business or act in violation of any law or regulation applicable to that business or its location. It shall not be a defense to any act performed in violation of this Municipal Code that a business tax license was issued. B. The Residential Rental Tax that is imposed on owners and operators of residential rental units pursuant to Chapter 6.20 is in lieu of the tax imposed by this Chapter 6.04. Except as noted, the provisions of this Chapter 6.04 shall apply to the administration and enforcement of Chapter 6.20 regarding payment, administration and enforcement of the Residential Rental Tax. 6.04.030 Recodification. A. The amendments made to this Chapter 6.04 by Ordinance No. , 2003 constitute a recodification of previously existing provisions, and a republication of the Schedules and Appendices of or applicable to this Chapter 6.04, together with clarifying amendments regarding business taxes, and shall not be construed as imposing any new or higher tax applicable to businesses in the city. B. Appendix "A" to Ordinance No. 1606 adopted on November 15, 1977 established a tax schedule by industry classification. It is referred to in this Chapter 6.04 as the "business tax rate classification schedule". It maintains existing tax classification schedules based on business classification. A copy is on file in both the Office of the Collector and the City Clerk. C. Appendix "A" to Ordinance 2037 adopted September 1, 1992, established the annual business tax payable based on classification and gross receipts, and is hereby republished and recodified as Appendix A to this Chapter 6,04. It is titled "Gross Receipts Tax Table". D. Appendix "B" is added to this Chapter 6.04 to list the various specific flat rate taxes that were previously adopted by Ordinance Nos. 1012, 1337, 1788, 1606 and 2037 for particular types of businesses, thereby republishing and recodifyingthose taxes. Appendix "B" is titled "Flat Tax Rate for Specific Businesses." 2003 Ordinance Business and Franchise Taxes NCMC Title 6 6.04.040 Severability. The City Council declares that the invalidity of any section or portion of this ordinance or this chapter 6.04 as recodified by Ordinance 2003— , shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision is determined by a court to be invalid, it shall be severed, or if it can be judicially interpreted in a way that would harmonize it with the remaining provisions, then it may be applied as interpreted, so as to give full purpose, meaning and effect to the remaining provisions of this chapter and ordinance. II. DEFINITIONS 6.04.050 Definitions. As used in this chapter, the following terms and phrases shall have the meanings ascribed to them in this section: "Adult book store" is as defined in Section 18.69.020. "Adult cabaret" is as defined in Section 18.69.020. "Adult movies" is as defined in Section 18.69.020. "Amusement arcade" is any premises defined in Section 18.04.033 in which any greater number of coin operated amusement devices than those specified in Section 18.16.191 as constituting an incidental use are installed. "Auctions" or "Auctioneer" is as defined by Civil Code Sectic: 1812.601. "Bingo" is as defined in Section 10.27.010. "Bowling alleys" are premises where one or more bow►ing alleys are installed for the purpose of allowing patrons to participate in the sport of bowling. "Business" shall mean any and all activity engaged in or caused to be engaged in within the city as a principal or as an independent contractor for the purpose of commerce, including, without limitation, any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, the leasing or rental of real estate, and every other kind of activity carried on whether for gain or profit or as a non-profit organization, excluding only the services rendered by an employee to his or her employer. "Business" also includes a home -based occupation or entity described under "person" that markets, sells, designs or creates documents, goods, merchandise, handicrafts or works of art or literature intended for sale. "Business by vehicle" means the driving or operating of any vehicle defined by Vehicle Code Section 670 or any wagon for the purpose of transportation, sale, collection, or delivery of goods, wares, merchandise, or other personal property of any kind from that vehicle or wagon, either as a principal business or in connection with any other business, or in soliciting for work, labor, or services to be performed upon the public streets or private property on or from that vehicle or wagon, or to be performed on goods, wares, merchandise, clothes, or other personal property to be taken for such purpose to a plant or establishment either inside or outside the city through the use of that vehicle or wagon. This definition shall not apply to the delivery of goods by vehicle operating in conjunction with a fixed place of business 5 Business and Franchise Taxes NCMC Title 6 2003 Ordinance within the city for which a business tax has been paid pursuant to the provisions of this Chapter. This definition shall not be construed as imposing a tax upon vehicles, but rather as a method of classification of businesses in which vehicles are used. "Business tax license", "business license" and "tax license" have the same meaning and effect as the terms "business license tax", "license tax" and "business license" which were in effect prior to the adoption of Ordinance 2003— These terms are adopted as a redefinition and recodification of an existing tax revenue collection procedure. "Coin operated equipment" or "coin operated amusement device" means a machine, device or equipment through which products, entertainment or services are vended or provided to a customer upon payment by the insertion of a coin, currency or token into a receptacle on the machine, or for which an electronic or mechanical authorization or credit is generated by payment at a central station or to an attendant. The term includes, without limitation, amusement devices, pay telephones, video machines, peep show devices, food and beverage dispensers and laundry equipment. "Collector" means the city official charged by the City Manager, or the City Treasurer when applicable, with the administration and enforcement of this chapter, and his or her authorized deputies or assistants. "Conduct", when used as a verb or in a verb form, means and includes transacting, maintaining, prosecuting, practicing, operating or carrying on. When used as a noun, it means and includes the act by which a transaction, practice or operation is effected. "Conducting business" or "doing business" means a process by which a "person" defined in this Section 6.04.050 attempts, manages, transacts, begins or carries on a "business" within the city or from an address or location in the city to another city or jurisdiction. It can also include business transactions from an address in another jurisdiction to a location or address within the city. Address or location includes an office, warehouse, manufacturing facility, store, any facility or structure by or through which business is conducted or facilitated, as well as a "home business" or "home office" at a residence at that location. Prima facie evidence of conducting business includes, but is not limited to, the use by a person of signs, circulars, cards, telephone book or directory listings, newspapers, advertising, personal solicitation or other representation which lists an address in the city. Any person who owns and rents out commercial real estate in the city, or who holds an active license or permit issued by a governmental agency and practices that trade or profession in National City is also considered to be conducting business in the city. "Contractor" is a person defined by Business and Professions Code Section 7026. (The term "subcontractor" is used to define a person licensed as a contractor who performs work for or under the direction of a general contractor.) It includes "A", "B", "C" and "D" categories of licensed individuals. "Cost of doing business" means an amount which is equivalent to the volume of business performed by or at any local office, facility, agent, broker or employee performing only administrative or management related services in connection with sales or services rendered in another jurisdiction. The amount shall be computed by determining the total cost of maintaining that local office, facility, 2003 Ordinance 6 Business and Franchise Taxes NCMC Title 6 agent, broker or employee, and shall include, but not be limited to, the wages, salaries, commissions, bonuses, rent, and/or depreciation, telephone, postage, utilities, janitorial and all other expenses allocated for the maintenance and operation of that office, facility, agent, broker or employee. "Dance halls" are premises, other than an adult cabaret, where patrons are allowed to dance as singles, couples or in a group to the accompaniment of live or recorded music. "Day" or "days", when used to define a period of time for commencement or completion of action shall refer to calendar days, except when otherwise specified. "Disabled veteran" means any honorably discharged member of the Armed Forces who is physically unable to earn a livelihood by manual labor. "Employee" is as defined by Labor Code Sections 3351 and 3352. The indicia of "employee" status includes the principal's control or definition of the hours or terms of labor, the means and manner by which the work is performed or the results accomplished, and the right of discharge. Any person rendering service for another, other than as an independent contractor, is presumed by Labor Code Section 3357 to be an "employee." An employee is a person for whom an employer or principal is required to withhold federal or state tax from compensation for services rendered. (An employee is not required to obtain a business tax license). See also "Independent Contractor." "Garage sale" is as defined in Section 7.21.120. "Gross receipts" includes the total amounts actually rec€ , :o or receivable during a calendar year for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale or delivery of materials, services, goods, wares or merchandise within the city, or outside the city when the business is located within the city and the proceeds are credited to or for the account of the business located within the City. Included in "gross receipts" shall be all commissions, fees, receipts, receipts from coin operated equipment, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following: 1. Cash discounts allowed and taken on sales; 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold; 3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; 4. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale refunded either in cash or by credit; 5. Amounts collected or held in trust for others where the business is acting as an agent or trustee, to the extent that such amounts are paid to or for the benefit of those for whom collected (the collector may require proof of payment or disbursement); 6. That portion of the receipts of a general contractor which represents payments to subcontractors; provided, that such subcontractors are licensed under this chapter, and the general contractor furnishes the collector with 7 Business and Franchise Taxes NCMC Title 6 2003 Ordinance the names and addresses of the subcontractors and the amounts paid each subcontractor; 7. Receipts of refundable deposits, except that refundable deposits forfeited and taken into the income of the business shall not be excluded; 8. As to a real estate agent or broker, the sales price of real estate sold for the account of others, except for that portion which represents commission or other income to the agent or broker; 9. As to a retail gasoline dealer, that portion of his or her receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the state; 10. As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code, if paid by the dealer or collected by him from the consumer or purchaser; 11. As to alcoholic beverage sales, that portion of receipts excluded under Article XX, Section 22 of the California Constitution. "Home business" or "home office" refers to a business, trade or occupation that is conducted from a residential dwelling unit located in National City, and which requires a home occupation permit issued by the Planning Director under the provisions of Title 18 of this code. "Independent contractor", as defined by Labor Code Section 3353, means any person who renders service for a specified compensation for a specific result, and who is under the control of a principal as to the result of work only and not as to the means by which that result is accomplished. An independent contractor may also be defined as a person for whom the principal is required to issue a Form 1099 for compensation for services rendered. "Live entertainment" and "adult cabaret" is as defined by Section 18.69.020 and Section 10.73.020. "Mobile amusement vehicle" means a mobile platform upon which is installed one or more amusement devices. "Mobile searchlight advertising" means a vehicle upon which is installed one or more floodlights or high powered searchlights for the purpose of advertising or promoting an event. "Peep show" and "peep show device" is as defined in Section 18.69.020 or Chapter 15.36. "Person" as used in this Chapter 6.04 means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, limited liability companies, partnerships of every kind, clubs, business or common law trusts, societies, and natural individuals conducting any business in the city as sole proprietor, or any combination of such entities, other than as an employee. "Residential rental unit" is as defined in Section 6.20.010. "Specialty contractor" is as defined by Business and Professions Code Section 7058. "Sticker" refers to a decal issued for display in a window to evidence the issuance of a business tax license. "Swapmeet" is as defined in Business and Professions Code Section 21661. 8 2003 Ordinance Business and Franchise Taxes NCMC Title 6 "Taxis—Paratransit" is as defined by Chapter 11 .70. "Video machine" means an electronic or mechanical coin operated amusement device, other than a peep show device, which projects upon a screen electronic or computer generated images capable of manipulation by a player for the purpose of amusement of the player or some other person in the vicinity of the device. III. ADMINISTRATION 6.04.060 Rulemakinq authority. The collector is authorized to make all rules, determinations and regulations consistent with the provisions and intent of this chapter as may be necessary and proper to aid in the administration and enforcement of the provisions of this chapter. Copies of those rules shall be maintained in the Office of the Collector, available for public inspection. 6.04.070 Statutory exemptions or apportionment. A. Nothing in this chapter shall be deemed or construed to apply a tax to a Savings and Loan Association, any non-profit corporation or association exempt from income taxation pursuant to Revenue and Taxation Code Section 23701 or Section 501(C) 3 of the Internal Revenue Code, or to any person conducting any business exempt from the payment of business or income taxes by virtue of the Constitution or applicable statutes of the United States or the state. The collector shall a Iminister the provisions of this Chapter 6.04 in a manner consistent with state and federal law regarding avoidance of burdens on interstate or interjurisdictional commerce applicable to a taxpayer or class of taxpayers. The collector may require proof of the payment of taxes to other jurisdictions when necessary to a determination regarding apportionment of taxes applicable to businesses conducting business in more than one jurisdiction. B. Any person claiming exemption from or an apportionment of tax pursuant to this section shall file a sworn statement with the collector stating the facts upon which the exemption or apportionment is claimed, and shall provide a copy of all documents supporting the claim of exemption. In the absence of sufficient evidence substantiating the claim, that person shall be liable for the payment of the taxes imposed by this chapter. C. The collector, upon a proper showing, shall issue a fee exempt license to any person exempt from tax under the provisions of this section without requiring payment of the tax required by this chapter. The exempt license shall expire December 31st of each year and shall be renewed annually prior to the last day of February of the following year in the manner prescribed for all businesses. D. After giving notice and providing a reasonable opportunity to the person for a hearing, the collector may revoke or disallow any exemption or apportionment granted pursuant to the provisions of this section upon evidence that the business is not entitled to the exemption or apportionment as, provided herein. Appeals from that determination may be made in accordance with Section 6.04.160. 9 Business and Franchise Taxes NCMC Title 6 2003 Ordinance E. In addition to those businesses exempted under Section 6.04.070A, the following are also exempted from the payment of a business tax under this chapter: 1. Any natural person of the age of sixteen years and under whose annual gross receipts from all businesses in the city are five hundred dollars or less. 2. Any public utility or utility service provider making franchise payments to the city, except to the extent of the value of retail sales or services provided and not covered or excluded within the terms of the franchise agreement. 3. Any person or organization conducting no more than two garage sales per calendar year, each sale not exceeding four (4) consecutive days, provided a garage sale permit pursuant to Section 7.20.120 is first obtained. 4. Any business licensed in another jurisdiction which, incidental to its business activity within that other jurisdiction, only delivers goods or merchandise free of any delivery charge and performs no other service within this jurisdiction. 5. Any occasional vendor selling used merchandise at a licensed swapmeet within the city who rents a stall or booth for not more than two periods of not more than four (4) consecutive days each per calendar year is exempt from payment of business taxes. A business license is required for all other vendors. 6. Any disabled veteran who sells only goods and merchandise owned by him or her as a sole proprietor, and not as an employee of another. 7. Any occasional vendor selling goods designed a; d made by that vendor as a principal, and not as an employee, at an arts and crafts lair or show for not more than two periods of not more than four (4) consecutive days each, per calendar year, when such vendor is exempted from possessing a resale license issued by the State Board of Equalization. A vendor selling through an employee is not exempt. 6.04.080 Statements and recordkeepinq. A. Statements made by an applicant or taxpayer shall not be conclusive as to the truth of the matters set forth therein, nor shall filing the same preclude the collector from collecting by appropriate action such sum as is actually due and payable under this chapter. The statement shall be subject to audit and verification. The collector is authorized to examine, audit, and inspect books and records of any business as may be necessary to verify or determine the amount of tax due. B. All persons subject to the provisions of this chapter shall keep complete and accurate records of business transactions, sufficient to establish the business's "gross receipts" or "costs of doing business", as applicable, as defined in Section 6.04.050. The collector may require the business to produce all financial records for examination by the collector. The business shall promptly provide such copies upon request, and, when applicable, may authorize the collector to obtain official copies of the federal or state income tax forms filed for all applicable tax years for comparison, when necessary. Records shall be maintained for a period of at least three calendar years. C. Licensees shall provide the collector with a change of address or phone number, or both, within ten (10) days for any principal whose name and address is required to be filed pursuant to Section 6.04.180(A) 9. 1 2003 Ordinance Business and Franchise Taxes NCMC Title 6 D. it is unlawful for any person required to keep financial records under this chapter to fail to keep such records, or to refuse to produce or allow the collector to examine those records at a reasonable time and manner, upon request of the collector. 6.04.090 Information confidential. With the exception of information regarding the business name and address, phone number(s), and names of principals of the business, all other information collected by or disclosed to the collector in the administration of this chapter shall be kept confidential and used for official purposes only. Confidential information shall not be disclosed to any person without an official need and purpose without a subpoena or court order. 6.04.100 Business tax license—Nontransferable—Changxf name, location or ownership. A. Business tax licenses are not transferable. The business tax license issued to a business under a particular name or at a particular location may be amended to change the name or location upon application and payment of the fee established in the National City Fee Schedule. B. In the case of change of ownership, a change in the Federal Identification number or, when applicable, the Social Security number of a principal, an application for a new business tax license and payment of tax is required in accordance with Section 6.04.270. The applicant will not be reoiaired to deposit the clearance fee if the location remains the same. Prior payments .ax will not be transferred or credited to the account of the new business. 6.04.110 Replacement business tax license or decal. A. A replacement business tax license or decal may be issued by the collector upon payment of a duplicate issuance fee to replace any business tax license which has been lost or destroyed. B. A replacement vehicle decal may be issued to replace any decal which has been lost, stolen or destroyed upon the licensee filing a statement of such fact and paying a replacement fee. 6.04.120 Effect of dishonored check. Any business tax license, regulatory permit, development permit or other license issued by the city is rendered void and invalid if any check tendered in payment is dishonored, and no lawful authority to act under that permit or license is conferred until payment is satisfied in full. 6.04.130 Cancellation of business tax license and termination of future tax liability. A. The tax collector may cancel business owner provided: 1. The business owner applicable stickers or decals; and, 2. All business activity a business tax license at the request of the surrenders the business 'tax license and any at the licensed premises has stopped. 11 Business and Franchise Taxes NCMC Title G 2003 Ordinance Liability for any further business taxes will cease if the owner's account is current and cleared once the collector has been notified within the thirty (30) days following the cessation of business that all business activity has ceased. B. Failure to notify the collector within the thirty days creates a presumption that the business has not terminated its operations and therefore remains liable for future business taxes and penalties in accordance with this Chapter 6.04. The collector is authorized to waive this presumption in the case of an itinerant vendor when the collector has determined that the business terminated for bonafide reasons. Liability for taxes will otherwise continue until a taxpayer executes a declaration under penalty of perjury that it has ceased doing business and has not conducted business since the date stated. C. There will be no refund for any portion of the tax paid for the unexpired tax year. D. Unpaid business taxes remain the personal liability of the former principals of the business upon dissolution, each of whom is and shall remain jointly and severally liable for payment. 6.04.140 Transition and administrative provisions. A. The provisions of this Chapter 6.04 will be fully applicable to all businesses on and after its effective date; provided however that any business which has already applied for or paid business taxes for the current calendar year will not be subject to any additional processing requirements. The collector may use existing stocKs of forms until depleted in the administration of this Chapter 6.04. B. Pursuant to section 6.04.050, the term "business license" or "license tax," or any similar language appearing on such forms shall be construed to refer to the terms "business tax license" or "business tax" adopted by this ordinance as the context may require. C. The collector shall collect all regulatory permit and license processing fees on behalf of an administering department at the time anapplicant presents an application for payment of business tax. Regulatory processing consists of reviews by the Building Department and Fire Department for fire, life safety and occupancy compliance, and the Planning Department for zoning compliance and home occupation permits, when applicable. Police Department or Health Department clearance may be required for a police or health regulated business activity. Processing fees are listed in the National City Fee Schedule. The collector will issue a receipt for the deposit of taxes and fees. A business tax license will not be issued until completion of regulatory processing by administering departments, payment by the taxpayer of any delinquent accounts owed to the City, and determination that the operation of the business would not be in violation of law or the requirements of the Municipal Code. The collector is authorized to coordinate regulatory processing with the payment of business taxes and fees for the issuance of regulatory permits. The applicant remains responsible for completion of forms and delivery to any department or agency for review. 2003 Ordinance 12 Business and Franchise Taxes NCMC Title 6 D. The collector will refund the business tax deposited upon written request if the business cannot be lawfully conducted at the proposed location following regulatory compliance review, except that no refund will be made if the business opening date was prior to the application date. Regulatory permit processing fees are not refundable. 6.04.150 Audit. The collector has the authority to examine by audit and any other accepted accounting process the records and practices of any place of business in the city to ascertain whether the provisions of this chapter have been complied with. A business that misstates its gross receipts or basis for tax liability shall be liable for the city's actual costs of audit when the understatement is greater than five -percent (5%) of the actual gross receipts or basis for tax liability, irrespective of whether the understatement results in any change in the tax due. Penalties under Section 6.04.370C shall be collected on the balance of any tax due. 6.04.160 Appeals and dispute resolution. A. Any person aggrieved by any decision of the collector with respect to the determination of tax due or the issuance of or refusal to issue a tax license, exemption certificate or apportionment may file a notice of appeal or request for dispute resolution with the collector no later than 90 days from the date of notification, and shall pay at the time of filing the appeal processing fee prescribed in the National City Fe Schedule. The collector shall notify the person at the time of adverse decision of the right to appeal within the 90-day period or be barred. Failure to timely appeal renders the determination final and no further administrative review shall be required or allowed. The failure to exhaust administrative remedy shall bar judicial review of the final action. B. The appeal shall be forwarded to the City Treasurer who shall then fix a time and place for hearing any appeal. The hearing shall be held no later than thirty (30) days from the date the appeal is received, unless mutually agreed otherwise. The City Treasurer shall give notice of the time and place of hearing by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to the applicant's last reported address for business tax purposes. C. The City Treasurer may conduct the examination personally or appoint an examiner to determine all questions raised on appeal. The examiner may be a city employee or any other person who is neutral and unbiased in the matter. The collector and applicant shall each be allowed an opportunity to present relevant evidence. The formal rules of evidence shall not apply to the appeal, and the examiner may consider any evidence that is relevant and of the sort that responsible persons are accustomed to rely upon in the conduct of serious affairs. Hearsay may be used to supplement or explain the evidence. The examiner's determination may not conflict with any substantive provision of this chapter. D. The decision of the City Treasurer shall be based upon the administrative record on appeal and shall constitute the exhaustion of administrative remedy. The City Treasurer shall mail or deliver a written decision to the appellant within fifteen (15) days from receipt of the examiner's report. 13 Business and Franchise Taxes NCMC Title 6 2003 Ordinance E. The appeal fee shall be refunded only if the appeal is decided wholly in the appellant's favor. 6.04.170 Business Tax License Revocation. A. The collector is authorized to revoke a business tax license for good cause. Good cause exists where the business is operated in violation of state, federal or local law which reasonably and rationally relates to: consumer fraud and protection; fraudulent or unfair business or trade practice; sale of adulterated product or contraband; release of hazardous materials or environmental pollution; or zoning or public health violations which relate to the nature of the business conducted. The order of revocation becomes final thirty (30) days after the issuance of the order, unless appealed. B. Appeals shall be processed in accordance with Section 6.04.160. The time limit for submitting an appeal shall be thirty (30) days from the date a written order of revocation is mailed to the licensee by the collector by both certified mail, return receipt requested, and first-class mail. Receipt of either by the licensee shall constitute receipt of notice. Appeal fees shall not be required for an appeal under this section. C. Conviction of an offense shall not be a prerequisite to revocation of a business tax license under this section. Revocation may be exercised upon the existence of facts demonstrating the occurrence of the violation. D. It is a misdemeanor to continue to operate a business after the business tax license has been revoked and either the appeal period has lapsed or the appeal was denied. IV. APPLICATION, ISSUANCE AND DISPLAY OF LICENSE 6.04.180 Contents of application. A. Every person required to have a license under the provisions of this chapter shall submit a sworn application under penalty of perjury on a form provided by the collector. The application must be complete and accurate and shall be accompanied with payment of application and clearance fees before the collector is required to process it. B. The following information is required: 1. The name of the business. 2. If there is.a fixed place of business within the City, the place where such business is to be conducted. 3. The mailing address for business mail. 4. The complete business phone number. 5. A description of the business activity, including the principal product or service. 6. Any state licenses and license number required to conduct a particular type of business, including a Contractor's license. 7. A state resale number, if applicable. 8. A federal employer identification number or social security number. 14 2003 Ordinance Business and Franchise Taxes NCMC Title 6 9. The type of ownership and a list of all owners or officers with corresponding home addresses, home phone numbers, and driver's license number. A photocopy of the applicant's driver's license shall be provided. 10. The name, title and home phone number of persons to contact in case of emergencies for businesses with a fixed location in the city. 11. For existing or transferred businesses whose business tax is levied based on gross receipts by business classification, the exact gross receipt figure from the previous calendar year. A taxpayer may elect to report gross receipts by gross receipts tax bracket, in which case, the gross receipts shall be considered by the collector to be the highest amount in that category. For new businesses, only the business opening date need be supplied. 12. Such other information as may be necessary and required by the collector for the enforcement of the provisions of this chapter, and as may be required by the Franchise Tax Board. 13. Information regarding any claim of exemption from or apportionment of business taxes. 14. A copy of any Fictitious Business Name certificate, when issued, shall be provided to the collector. Note: This is not a precondition to the initial business license. C. The collector is not required to process an incomplete application or issue a license if the applicant refuses to provide necessary information or lacks a perrr.it or state license that is a prerequisite to the conduct of tha''bu::iness. D. Application and clearance fees are those fees established in the National City Fee Schedule. The application fee is a fee charged by the Collector for the initial processing of the license application. The clearance fee is a fee charged for the costs of processing and reviewing applications for zoning, fire, and regulatory clearance by other departments. The application fee, but not the clearance fee, is refundable if the business cannot be licensed after regulatory clearance review. 6.04.190 Contents of business tax license. Except upon finding fraud or error or as provided in Section 6.04.140C, upon the payment of the prescribed tax or a determination of exemption the collector shall then issue a business tax license that shall contain the following information: A. The name of the business for which the certificate is issued which evidences payment of the prescribed taxes or of exemption; B. The address where the business is to be conducted, whether mobile or at a fixed location within the city; C. The date of expiration of the license or exemption; and D. Such other information as may be necessary for the enforcement of the provisions of this chapter. 6.04.200 Posting of business tax license, and sticker or decal. A. Any person conducting business at a fixed place of business in the city shall keep the business tax license posted in a conspicuous place visible to the public upon the premises where such business is conducted. A sticker to be issued by the collector 15 Business and Franchise Taxes NCMC Title 6 2003 Ordinance shall also be displayed in the front window along the primary street frontage, visible for observation by the collector from the sidewalk. B. Any person not operating at or from a fixed place of business in the city shall keep the business tax license or copy upon his or her person at all times while conducting the business for which it is issued, and shall display the certificate upon request. C. Any person conducting business by vehicle shall keep the business tax license or a copy within each vehicle, and shall affix an identifying decal issued by the collector to each vehicle used in that business. D. The collector will issue identifying decals for vehicles and for coin operated equipment. Each decal is nontransferable and shall be affixed to the vehicle or to the coin operated equipment for which issued. E. It is unlawful to sell or transfer a tax license sticker or decal or to permit its use by another person. 6.04.210 [Reserved] V. CLASSIFICATION OF BUSINESS 6.04.220 Determination of business classification. A. The classification of a particular business shall be that classification set forth in the b isiness tax rate classification schedule designated in Section 6.04.030B. When a particular type of business cannot be located on that schedule, the collector shall assign to it the tax rate classification most closely corresponding to the business's standard industrial classification number ("SIC" number) from the most current Standard Industrial Classification manual published by the U.S. Government, a copy of which shall be kept on file in the collector's office. B. Any business classifiable under two or more classification schedules shall be classified on the basis of the business classification with the highest dollar volume of business; if the business dollar volume is equal, however, it shall be classified on the basis of the business classification which will result in the highest tax. 6.04.230 Special classification and administration rules for multiple business activity, names or location, and warehouses, headquarters and distribution facilities. A. Rule for multiple locations or business names. Except as provided in Section 6.04.330, business taxes are to be calculated on the basis of the tax rate schedule and the gross receipts attributable to the principal classification of the business conducted at each location in the City. If a person conducts business at more than one location, or at a single location but under two or more different names, the business tax will be separately calculated for each business location and for each business name at the same location on the basis of the tax rate schedule and the gross receipts attributable to the principal classification of each business operating at that location under a business name. Separate business tax licenses will be issued for each location and for each separate business name at the same location. 16 2003 Ordinance Business and Franchise Taxes NCMC Title 6 B. Rules for multiple business activity at a single location. 1. When a person operates two or more businesses or business activities which are similar for tax rate schedule classification purposes (e.g., retail and wholesale auto parts) at the same location under a single business name, the tax will be calculated and administered on the basis of the total gross receipts from all the businesses operated at that single location, using the tax rate classification schedule applicable to that business classification which records the highest of the gross receipts of the respective businesses. 2. If two or more businesses at the same location (address) are not similar within the tax rate classification schedules (e.g., retail auto parts and automobile repair, or restaurant and amusement arcade), each will be classified separately and the tax rate classification schedule applicable to each separate business classification will be applied to the respective gross receipts from each business to calculate the combined taxes due, irrespective of the bookkeeping system used by the owner. The business license may list both business classifications. C. Rules for warehouses and distribution facilities. 1. Except as provided in Section 6.04.230 (C)(3), a warehouse or distribution facility that is an integral part of, but not co -located with, a business located in the city is not a separate place of business, and a separate fee exempt business tax license will be issued for that location. 2. A warehouse or distribution facility located in . city which is incidental to a business located in another jurisdiction, from which no sales are made and any delivery of merchandise is restricted solely to deliveries to the business to- which it is incidental, shall pay a business tax calculated from the tax rate schedule that would apply to the principal business classification of the parent business, using the costs of doing business attributable to the warehouse or distribution facility as the measure of gross receipts upon which the tax is computed. 3. Any warehouse or distribution facility located in the city, whether incidental to another business or not, that sells merchandise to any person or delivers any merchandise stored on its premises to any person other than the business to which it is incidental, is conducting business in the city and shall pay a business tax computed on the basis of (A) the gross receipts attributable to that facility from all its sales and delivery activities in the city, or (B) its costs of doing business when gross receipts cannot be determined by the collector. D. Rule for headquarters facility. A business with a principal office in the city that operates manufacturing, sales, warehouse or distribution facilities located in other jurisdictions is considered to conduct business within this city, even though no goods or services are sold, produced or delivered within this city, and it shall be taxed on the basis of its cost of doing business at its principal office within this city as the measure of its gross receipts earned within the city. 6.04.240 Independent contractors. An independent contractor providing services for another business entity in National City shall designate a business address. An independent contractor from outside National City may list its business 2003 Ordinance 1 % Business and Franchise Taxes NCMC Title 6 address or the business address of the principal for whom professional services are rendered. If the independent contractor's business address is located in a residential zone in National City, then the zoning laws (Title 18) regarding home occupation permits must be satisfied. 6.04.250 [Reserved] VI. COMPUTATION AND PAYMENT OF TAXES 6.04.260 Business tax payment —Required A. Except as provided in Section 6.04.260B, there are imposed upon all persons conducting business in the city business taxes in the amounts hereinafter prescribed. It is unlawful for any person to conduct business in the city without complying with all applicable provisions of this chapter and, except when exempt from tax, paying the applicable tax, . B. Any person who is considered to be conducting business by virtue of the prima facie evidence definition defined in Section 6.04.050 is subject to tax until the collector determines otherwise. The collector may require the submission of proof under affidavit executed under penalty of perjury that the person is not conducting a business within the city. C. Licensed Professionals. Each professional licensed by the State, including without limitation any lawyer, doctor, dentist, health care professional, investment adviser, real estate agent, real estate broker, or insurance broker, who maintains a fixed place of business in the city must pay a business tax as set forth in the tax schedules established under the authority of this chapter. 6.04.270 Initial business tax. Unless exempted or taxed on a flat rate basis pursuant to Section 6.04.310, 6.04.320, or 6.04.330, a person making application for the initial business tax license for a newly established business is required to pay a first year's tax of fifty dollars, the minimum annual tax, prorated by quarter. Upon making application in the following (second) year, that second year's tax due will be based upon the actual gross receipts for the first year. For all future years thereafter, the person will pay the tax based upon the gross receipts for the preceding year. 6.04.280 Computation of total business tax based on gross receipts. A. The total business tax levied by this section shall be determined by the business tax rate classification schedule by business class (see Section 6.04.030B) and the corresponding tax on the gross receipts of that business as set forth in Appendix "A" ("Gross Receipts Tax Table ). Depending on the tax class schedule pertaining to the business classification, the business shall pay a rate of twelve dollars, sixteen dollars, twenty dollars, twenty-four dollars, twenty-eight dollars or thirty- two dollars per ten thousand dollars of gross receipts. The minimum tax for any classification shall be fifty dollars. 2003 Ordinance 1 8 Business and Franchise Taxes NCMC Title 6 B. No tax shall be charged against the gross receipts of any business in excess of twenty-two million dollars per year. C. Businesses for which an alternative flat tax is prescribed by Sections 6.04.310, 6.04.320 or 6.04.330 may elect to pay a tax based on gross receipts prescribed by this section and shall thereafter be taxed on the basis of the gross receipts schedule applicable to the business classification determined by the collector. D. Gross receipts for tax purposes shall either be the actual amount of gross receipts, or the gross receipts bracket in which the actual gross receipts appear, as reported by the taxpayer. 6.04.290 Business tax—Howand when payable. A. Unless otherwise provided, annual business taxes under the provisions of this chapter are due and payable on the first day of January of each year and are delinquent on the first day of March. The date of payment is the date the completed application together with payment is received by the collector, provided there is no dishonor of any check tendered in payment. It is the taxpayer's obligation to renew the business tax license when due. Payment by mail is effective only on the date of receipt at the collector's office, and not the date of postmark. B. A courtesy renewal application may be sent by the collector to all businesses holding a prior valid business tax license as of December 31st of each year. The failure of the collector to provide a courtesy rent ,ul notice or the business's failure to receive the courtesy renewal application shall not relieve the business of its obligation to pay its tax or any penalties that may apply for the failure to pay the tax when due. C. The collector shall issue a business tax license to the business upon full payment of the required tax and all penalties due, without dishonor, thereby verifying that the tax has been paid. 6.04.300 Computation of tax upon failure to file an initial application or a renewal application. If any person required to file an initial application or a renewal application fails or refuses to do so within the time period prescribed, the collector shall compute a tax on the estimated annual gross receipts based on all relevant information the collector is able to obtain. If the collector is unable to compute a gross receipt basis because of a lack of cooperation or financial records, then the tax will be estimated on the basis of the highest tax on gross receipts applicable to that category of business on the appropriate schedule. The tax bill shall be sent by mail to the last known business address and shall include the estimated gross base tax due plus any delinquency penalties assessed. The total amount on the billing shall be payable to the city within fifteen calendar days from the date of the deposit of notice in the U.S. Postal Service. Within those fifteen calendar days, the person may submit proof to the collector of the actual gross receipts and pay the tax or the adjustment authorized by the collector. The proposed tax will be due and final if not challenged or appealed pursuant to Section 6.04.160 within the prescribed time. 19 Business and Franchise Taxes NCMC Title 6 2003 Ordinance 6.04.310 Business by vehicle—Optionarate. A. Except as provided in section 6.04.070E.4, every person not having a fixed place of business within the city and not otherwise designated, who on a regular basis conducts business by vehicle and charges a fee for service, shall pay an annual business tax of sixty-five dollars per vehicle operated within the city, or may make a binding election to pay a business tax measured by business classification and the gross receipts derived from business within the city as set out in Section 6.04.280. B. Any person conducting business by vehicle in the city vending food products or beverages shall pay an annual business tax of two hundred dollars per year per vehicle operated within the city, or may make a binding election to pay a business tax measured by business classification and gross receipts derived from business within the city pursuant to Section 6.04.280. C. Upon payment, identifying vehicle decals will be issued by the collector in a quantity equal to the number of vehicles through which business is conducted. D. Any business by vehicle that operates additional vehicles within the city after payment of annual taxes has been made shall make an additional application to the collector to account for the additional vehicles. After the appropriate tax has been paid for the additional vehicle(s), additional vehicle decals will be issued. E. Taxes for the first year of operation shall not be prorated, unless the annual gross receipt method is elected by the taxpayer. 6.04.320 Businesses located outside city limits —Optional rate. A. Out -of -city contractors. Except as provided in Section 6.04.320C, and in lieu of a tax based on gross receipts, every state licensed contractor licensed as an A or B contractor conducting business in the city who does not have a fixed place of business in the city shall pay annually a flat tax of two hundred dollars ($200). Every contractor conducting business in this city as a subcontractor or state licensed C or D contractor who does not have a fixed place of business in the city shall pay annually a flat tax of one hundred thirty-five dollars ($135). Any contractor may make a binding election to pay a business tax measured by classification and gross receipts derived from business within the city pursuant to Section 6.04.280. Penalties shall accrue at the rate set forth in Section 6.04.370D. A contractor who commences business during the last quarter of a calendar year shall pay only twenty-five percent (25%) of the initial installment at the time of application if a flat tax is elected, and will be subject to normal tax the years following. B. Every other person not having a fixed place of business in the city who conducts business in the city and is not otherwise subject to a tax by any of the other sections of this chapter shall pay a business tax of the greater of: (a) sixty- five dollars per year; or (b) a tax calculated at the same rate prescribed herein for the same type of business having a fixed place of business within National City based on the gross receipts earned within National City or 12% of gross receipts from all sources within California where the amount of gross receipts earned within National City cannot readily be calculated or otherwise be determined by the collector. 2003 Ordinance 20 Business and Franchise Taxes NCMC Tit p C. In order to promote public safety, the City Council will allow any out - of -city contractor installing a work of improvement that does not exceed five hundred dollars ($500) materials and labor, inclusive, to pay a tax of ten dollars ($10) for a one -day tax certificate, in addition to any applicable building or engineering permit fees. This certificate shall not be available during any calendar year when the contractor performs any single job exceeding five hundred dollars ($500), or has performed two (2) jobs each not exceeding five hundred dollars ($500). The applicant shall make his or her declaration under penalty of perjury on a form provided by the Collector to the Building and Safety Director or City Engineer in conjunction with the permit application for the work of improvement. A receipt showing proof of payment shall qualify as the business license. D. First year's taxes will not be prorated, except as provided in Section 6.04.320A. 6.04.330 Specific taxes applicable to specific categories of businesses. A. Taxes applicable to specific categories of businesses previously established in Title 6 by Ordinances 708, 1048, 1231, 1699, 1788 or 2037 are recodified and summarized in Appendix B to this chapter. Recodification in Appendix B does not constitute enactment of a new tax. B. Video machines. A business which also operates video machines on its premises shall pay in addition to any tax based on gross receipt: for its principal business an additional tax of $55.00 per machirs, not to exceeJ a fatal of $4,500 annually for all video machines. An identifying decal shall be affixed to each machine, unless the business tax license specifies the number of machines for which tax has been paid and the number of machines installed does not exceed the number specified on the business tax license (thereby allowing for replacement and maintenance). C. Amusement arcades. Amusement arcades shall be taxed on a flat tax basis of $265 per year and shall pay the additional tax specified in Section 6.04.330B for each video machine installed on the premises, not to exceed $4,500.00 annually for all machines. D. Any business listed in this section or Appendix B may make a binding election to pay its tax on the basis of total gross receipts and the classification schedule determined by the collector, including revenues from coin operated equipment or amusement devices, instead of this section, and such election shall be thereafter binding upon that business. E. A swap meet shall be taxed at the rate of $6,000 per year instead of gross receipts, unless it makes a binding election to pay. its tax on the basis of total gross receipts and the classification schedule determined by the collector. F. A pawnshop shall be taxed at the rate of $400 per year instead of gross receipts, unless it makes a binding election to pay its tax on the basis of total gross receipts and the classification schedule determined by the collector. 6.04.340 [Reserved] 21 2003 Ordinance Business and Franchise Taxes NCMC Title 6 VII. REFUNDS 6.04.350 Refunds of overpayments. Claims for refund must be filed on forms in the manner prescribed by the collector. No refund of an overpayment of taxes imposed by this chapter shall be allowed in whole or in part unless a written claim for refund is filed with the collector within one year from the last day of the calendar month following the period for which the overpayment was made. The burden of proof shall be upon the taxpayer to establish the overpayment. If the collector determines that an overpayment was made, the collector shall refund the amount overpaid. Application and processing fees are not refundable. 6.04.360 Refund for termination by governmental action. Upon written application, the collector is authorized to refund any business tax collected when the business is terminated through condemnation or eminent domain by any agency of local, county, state or national governments. VIII. COLLECTION, ENFORCEMENT AND PENALTIES 6.04.370 Delinquent taxes and charges—Penalties—Installmepiyment. A. Except as provided in Section 6.04.370D or E, the collector, upon failure to pay a tax when due, shall add a penalty of twenty percent of the tax due on the first day of March and each first day of each month thereafter, provided that the amount of penalty added shall not exceed one hundred percent of the tax due for each year or portion thereof that the tax was unpaid. B. 1. No business tax license shall be issued or reissued to any person who, at the time of application, is indebted to the city for delinquent business taxes, fees or sewer charges, unless that person enters into a written agreement with the collector to pay all delinquent taxes or charges, and interest and penalties due in monthly installments, or more often, over a period not to exceed one year. 2. The agreement shall acknowledge the obligation is a debt owed to the city. Upon failure to make timely payment of any installment, the entire amount unpaid, including penalties and interest, shall become immediately due and payable. If legal action is brought by the city to enforce collection of any amount included in the agreement, that person shall pay all costs of suit incurred by the city or its assignee, including reasonable attorney's fees. The execution of an agreement shall not exonerate previously accrued penalties, but no further penalties or interest shall accrue on amounts included in the agreement during such time as the person is not in breach of the agreement. If, however, a default in payment occurs, then additional penalties and interest shall reattach back to the date of execution of the agreement and become due and payable. C. Notwithstanding any other provision of this code, any person who misstates or falsifies gross receipts for taxation purposes or the nature of the business for classification purposes shall pay a penalty of 100%.of the balance of tax due for each year of misstatement, in addition to the balance of the actual taxes due. Payment of the penalty shall not discharge the taxpayer from liability from civil or criminal proceedings, if applicable. 22 2003 Ordinance Business and Franchise Taxes NCMC Title 6 D. Any person who fails to apply to the collector for the issuance of an initial business tax license and pay the prescribed tax within 30 calendar days from first beginning business is subject to a penalty of 50% plus 20% per month after the first thirty days has elapsed, not to exceed 100 percent of the total tax due for the first year. The total tax will be computed on the basis of the gross receipts for the calendar year. Until payment is made in full, that person remains subject to the provisions of Section 6.04.380 regarding the involuntary cessation of business. E. •Neither a penalty nor the provisions of Section 6.04.300 will be applicable to (1) any licensed professional, such as an architect, engineer, consultant, or attorney who does not maintain an office in National City but is called upon to provide a single project service within National City, or (2) to any swap meet vendor or occasional contractor or vendor who is no longer exempted by Section 6.04.070E(5) or (7) or by Section 6.04.320C, provided that that person pays the business tax within the first thirty days following the commencement of business in the City for that calendar year. If the tax is not paid within thirty days, a penalty will accrue from the date of commencement of business pursuant to Section 6.04.370D. After payment of taxes due for the applicable calendar year, should the project continue into the next calendar year and be completed within the first two months of that following year, the collector is authorized to waive collection of tax for that following year. 6.04.380 Tax deemed debt —Collections A. The amount f any tax and any fees, charges or penalty imposed by the provisions of this chapter is a debt owed to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount due. The collector, with the concurrence of the City Attorney, is authorized to compromise or adjust claims for back taxes that extend beyond the current year plus three prior years when it is in the best interests of the City; provided, however, that such authority shall not include compromising claims for any taxes due for continuing in business following the failure to renew a previously issued business tax license. B. The collector shall set off any refunds, payments or credits owing to the taxpayer by the city against unpaid taxes and charges, and may require a business to cease business or remove equipment through which the business is conducted if the tax is not fully paid. Payments shall be applied first to satisfy the payment of the oldest tax and any penalties outstanding before being applied to satisfaction of later or current taxes. Upon notification by the collector, city departments shall withhold progress payments or payments for goods or services when the vendor or supplier has failed to pay taxes or penalties, or both, required under this chapter until the debt is satisfied. C. Upon notification by the collector, other departments shall withhold development and building permits, except those permits necessary to correct code violations, until all delinquent taxes are paid. Administering departments will withhold related permits until notified otherwise by the collector. D. The collector may request the city attorney to obtain a civil injunction or issue a criminal complaint if the business refuses to comply with this Chapter 6.04 or pay taxes. The collector is authorized to collect the tax due by the 23 Business and Franchise Taxes NCMC Title 6 2003 Ordinance issuance of an order of execution directed to the Marshal of San Diego authorizing a till -tap or other collection of monies due from the delinquent taxpayer, until the delinquency is satisfied. E. The conviction of a person for conducting any business without first paying the tax due does not exonerate that person from the payment of any tax due or still unpaid at the time of conviction. Late payment shall not prevent a criminal prosecution of any violation of the provisions of this chapter. All civil, administrative and criminal remedies prescribed are cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for enforcing the provisions of this chapter. F. Neither the adoption of the ordinance codified in this chapter nor the superseding of any portion of any other ordinance of the city or the Municipal Code shall in any manner be construed to affect prosecution for violations committed prior to the date of adoption, nor be construed as a waiver of any license required for or any penal provisions applicable to any such violation, nor shall it affect the validity of any bond or cash deposit required by any prior ordinance to be posted, filed, or deposited, and all rights and obligations thereby conferred shall continue in full force and effect. 6.04.390 Effect of mistakes. Any mistake by the collector in computing or collecting any tax prescribed in this chapter shall not preclude collection by the city of the amount actually due, together with costs of collection, including reasonable attorney's fees fixed by the court, nor shall mistake preclude the prosecution of any person for violation of any provision of this chapter. 6.04.400 Enforcement. A. The collector and each code compliance officer, public officer or police officer shall have the power and authority to enter any place of business free of charge at any reasonable time to demand production of its business tax license. It shall be the duty of any code compliance officer or building inspector conducting an inspection of any business premises to also require the owner or proprietor of an inspected property to produce proof of business license and to report violations to the collector. The collector will be responsible for any follow-up investigation and enforcement and shall notify the appropriate enforcement officer of any apparent code violation observed during inspections by the collector. B. The collector may require the production of any records of the taxpayer necessary to verify the accuracy of any business tax license issued or business tax paid, upon at least twenty-four (24) hours' prior notice. Records shall be made available at the taxpayer's place of business, or be delivered to the collector's office upon mutual agreement. In addition to any other remedies, the collector is authorized to assess a $500 administrative penalty against any taxpayer who refuses to produce such records following reasonable request by the collector. Procedures for appeal are as set forth in section 6.04.160. C. Each department of the city issuing development or building permits, public contracts or purchases shall require the production of a valid business tax license prior to the issuance of any contract to a vendor or a development permit to 24 2003 Ordinance Business and Franchise Taxes NCMC Title 6 a licensed contractor, and upon notification by the collector shall not issue any development permit or building permit - except those reasonably necessary to correct code violations - until all outstanding tax delinquencies are satisfied. D. As an aid in enforcement of the provisions of this chapter with respect to construction contractors and subcontractors, any person applying for any building or engineering permit or requesting final inspection of any construction project shall furnish the collector with a written list of the names and addresses of all contractors, subcontractors and material supply people engaged in working on the project. E. The collector is authorized to require the owner or operator of a commercial or industrial property (other than a residential rental property) in National City to provide a current tenant list or mail box rental list and information regarding the commencement of each tenancy or mail box rental. It is unlawful for an owner or operator to refuse or fail to provide this information upon the reasonable request of the collector. F. As a condition of a Temporary Use Permit issued under Chapter 15.60, an itinerant business operating in National City shall provide information and records to the collector on sales transactions for which sales taxes are collected, and shall verify its gross receipts upon which the business tax is based. G. The collector and designees with the duty to enforce this Chapter are authorized to arrest persons without a warrant pursuant to Penal Code Section 836.5 whenever the person to be arrested has committed r ,'iolation of the provisions of this Chapter 6.04 in the collector's or designee's presence. When the person arrested does not demand to be taken before a magistrate, a written notice to appear shall be prepared and the person released on his or her promise to appear as prescribed by the Penal Code of the State of California (commencing with Section 853.6). H. The collector is further authorized to issue administrative citations pursuant to Chapter 1 .44 of this code without prior notification in the enforcement of this Chapter 6.04, and to impose administrative penalties for violations of this Chapter 6.04. 6.04.410 [Reserved] IX. VIOLATIONS 6.04.420 Misuse of business tax license or indicia. A. It is unlawful for any person holding a business tax license required by this Chapter to permit any other person to use the business tax license, sticker or decal, or the licensed premises or the licensed person's name for the purpose of evading payment of any business tax or any other requirement of this Chapter. Violation will also result in cancellation of the business tax license. B. It is unlawful to reproduce, duplicate, copy or alter any original business tax license, decal or sticker to falsely represent that an original business tax license is valid or that the appropriate tax has been paid. 25 2003 Ordinance Business and Franchise Taxes NCMC Title 6 C. Every person conducting business by vehicle shall keep the tax license or a photocopy within each vehicle, and shall affix an identifying decal to each vehicle used in that business. D. It is unlawful for any person subject to this chapter to drive, operate or use, or cause to be driven, operated, or used, any vehicle in the conduct of a business by vehicle without a decal being attached to the vehicle as required in this chapter, or to remove, deface or cover up the decal, or place the decal upon any vehicle other than a vehicle used in its business. 6.04.430 Penalty for violations. A. It is unlawful to violate any of the mandatory provisions or prohibitions of this chapter or to knowingly or intentionally misrepresent to any officer or employee of this city any material fact in connection with the administration or collection of taxes pursuant to this Chapter 6.04. B. Each violation of any of the mandatory provisions or prohibitions of this chapter is a misdemeanor, punishable by a fine of $ 1,000 or imprisonment for six months, or both. Each day a violation continues shall constitute a separate violation for which the violator may be separately charged. (APPENDIXES A and B to CHAPTER 6.04 — next page) 2003 Ordinance 26 Business and Franchise Taxes NCMC Title 6 RECEIPTS BRACKET 0 5,000 20,000 50,000 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 1,100,000 1,200,000 1,300,000 1,400,000 1,500,000 2,000,000 4,999 19,999 49,999 99,999 199,999 299,999 399,999 499,999 599,999 699,999 799,999 899,999 999,999 1,099,999 1,199,999 1,299,999 1 ,399,999 2,500,000 1,499,999 1,999,999 2,499,999 CHAPTER 6.04 - APPENDIX A GROSS RECEIPTS TAX TABLE TAXABLE GROSS BUSINESS CLASSIFICATION 1 2 3 4 5 6 50 50 50 50 50 50 60 73 84 96 107 118 129 139 149 159 168 177 222 50 50 50 50 50 64 81 97 113 128 143 157 172 185 199 212 224 236 296 50 50 50 52 58 80 101 121 141 160 179 197 215 232 248 265 280 296 370 50 50 50 60 70 96 121 145 169 192 214 236 257 278; 298 318 336 355 444 50 50 60 74 81 112 141 169 197 224 250 275 300 324 348 371 392 414 518 50 50 80 86 93 128 161 194 225 256 286 315 343 371 398 423 449 473 592 2,999,999 266 310 355 413 444 516 533 619 621 723 7101 826 3,000,000 3,499,999 352 469 58Ei /US azv V...li.) 3,500,000 3,999,999 392 523 653 784 915 1,045 4,000,000 4,999,999 470 627 783 940 1,096 1,253 5,000,000 5,999,999 545 727 908 1,090 1,271 1,453 6,000,000 7,999,999 688 918 1,147 1,376 1,606 1,835 8,000,000 10,999,999 894 1,192 1,490 1,788 2,086 2,384 11,000,0001 13,999,999 1,091 1,455 1,819 2,183 2,547 2,910 14,000,000 15,999,999 1,217 1,623 2,029 2,434 2,840 3,246i 16,000,000 17,999,999 1,343 1,791 •: • 3,133 3,581 18,000,000 19,999,999 1,469 1,958 2,448 2,937 3,427 3,916 20,000,000 21,999,999 1,594 2,126 2,657 3,189 3,720 4,252 22,000,000 AND ABOVE 1,720 2,294 2,867 3,4401 4,014 4,587 27 Business and Franchise Taxes NCMC Title 6 2003 Ordinance CHAPTER 6.04 - APPENDIX B FLAT TAX RATES FOR SPECIFIC BUSINESSES TYPE OF BUSINESS ANNUAL TAX RATE OTHER TAX RATE ADOPTED BY ORDINANCE SECTION NUMBER Adult Book Store $535 92-2037 8 Adult Movie Theater $535 92-2037 8 Amusement Arcade $265 92-2037 9 Auctioneer $135 92-2037 11 Bowling Alleys $265 $5/quarter/alley 92-2037 12 (Standard sized) Bowling Alleys $25 $5/quarter/alley 1012 2 (Substandard sized) Dance Hall $805 92-2037 13 Delivery by Vehicle $65 92-2037 6 Food Vending Vehicle $200 92-2037 6 Fortune Telling, etc. $265 92-2037 15 Mobile Amusement Vehicle $65 92-2037 18 Mobile Searchlight Advertising $135 92-2037 19 Outside Contractors (A & B licensed) $200 92-2037 7 Outside Contractors (C licensed) $135 92-2037 7 Pawnbroker $400 92-2037 16 Peep Shows and Peep Show Devices --- $10/quarter/device 1337 3 Shooting Galleries $265 9 Swapmeet $6,000 92-2037 17 Taxis -- Paratransit $65 92-2037 14 Video Machines $55 per machine 82-1788 ---- 28 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Section 3. That Chapter 6.14 is repealed. Section 4. That Chapter 6.18 is repealed. Section 5. That Chapter 6.20 is amended by amending the Table of Contents and Sections 6.20.010, 6.20.020 and 6.20.040, and adding Section 6.20.050 to read as follows: 6.20.010 Residential rental units any room or combination serve as a single-family dwelling to be defined. "Residential rental unit means of rooms within a building or a trailer coach rented out to occupied by an individual or group of If individuals. 6.20.020 Minimum license fee. Any person, firm, corporation, partnership or other entity owning residential rental units in the city shall pay a license or tax fee based on the number of units owned, in lieu of a business tax under Chapter 6.04, as follows: A. Persons owning one to four units at one location or a total of one to four units at various locations shall pay fifty dollars per unit for the first unit, and fifteen dollars per unit for each additional unit. B. Persons owning a total of five or more units at various locations, but fewer than thirty-one units at any one location, shall pay a licensa f or tax of fifty dollars per unit for the first unit, and fifteen dollars per unit for each additional unit, or may, at his or her option, pay a base tax of seventy-five dollars in addition to the sum of the tax set forth in the tax table in Appendix A based on gross receipts (gross rents) derived by such person from all units owned by the person within the city. The gross tax rate is one tenth of one percent. C. Persons owning thirty-one to sixty units at one location shall, for each such location, pay a base tax of one hundred dollars in addition to the sum of the tax set forth in the tax table in Appendix A based on gross receipts (gross rents) derived by such person from each complex owned by the person within the city. The gross tax rate is one tenth of one percent. A separate calculation and payment must be provided for each location of rental properties. D. Persons owning sixty-one or more units at one location shall, for each such location, pay a base tax of one hundred fifty dollars in addition to the sum of the tax set forth in the tax table in Appendix A based on gross receipts (gross rents) derived by such person from each complex owned by the person within the city. The gross tax rate is one tenth of one percent. A separate calculation and payment must be provided for each location of rental properties. 6.20.040 Exemptions. A. No tax shall be imposed on a residential rental unit in any of the following situations: 1. The unit is the primary residence of the property owner for at least six months of the year and no portion of the residence is rented, leased or sublet for any portion of the year; 29 Business and Franchise Taxes NCMC Title 6 2003 Ordinance 2. The unit is occupied by a family member, is rented at less than current owner expense, and is declared as family occupied on the owner's county property tax declaration or federal income tax return. "Current owner expense" is defined to include mortgage payments, property taxes, association fees, as- sessments, property insurance, and utilities; 3. The unit is not available for rent for any period of time; 4. The unit is directly owned by a federal, state, county, local or special district governmental agency; 5. The unit is unoccupied and is under construction and will not be occupied for any portion of the tax year; or 6. The unit sold and escrow closed during the first two months of the taxable year. B. Proof of exemption eligibility will be required for certain exemptions and may be different for each exemption claimed. Exemption eligibility is only good for one year and must be renewed each taxable year by the tax due date or be subject to an administration fee. 6.20.050 Administration and enforcement. A. The Finance Director is responsible for the administration of this Chapter. The provisions of Chapter 6.04 pertaining to the application and issuance of business licenses and the collection, enforcement and penalties for delinquent taxes shall be utilized in the administration of this Chapter 6.20. B. The Finance Director shall issue a residential rental tax license upon payment by the person or entity liable for the taxes described in this Chapter 6.20, commencing in calendar year 2004. C. It is unlawful to violate any of the mandatory provisions or prohibitions of this chapter or to knowingly or intentionally misrepresent to any officer or employee of this city any material fact in connection with the administration or collection of taxes pursuant to this Chapter 6.20. Each violation of any of the mandatory provisions or prohibitions of this chapter is a misdemeanor, punishable by a fine of $ 1,000 or imprisonment for six months, or both. Each day a violation continues shall constitute a separate violation for which the violator may be separately charged. (APPENDIX A TO CHAPTER 6.204 — next page) 2003 Ordinance 30 Business and Franchise Taxes NCMC Title 6 CHAPTER 6.20 - APPENDIX A UNITS 1 to 4 5 to 30 31 to 60 61 + GROSS $ 20,000 $ 100,000 $ 300,000 $ 600,000 $ 900,000 $1,500,000 $2,500,000 $3,500,000 $4,500,000 to to to to to to to to BASE $ 50.00/$15.00 $ 75.00 $100.00 $150.00 $ 99,999 $ 299,999 $ 599,999 $ 899,999 $1,499,999 $2,499,999 $3,499,999 $4,499,999 31 + gross rate + gross rate + gross rate $ 60.00 $ 200.00 $ 450.00 $ 750.00 $1,175.00 $ 2,000.00 $ 3,000.00 $4,000.00 $5,000.00 TAX + base + base + base + base + base + base + base + base + base Business and Franchise Taxes NCMC Title 6 2003 Ordinance Section 6. That Chapter 6.22 is repealed. Section 7. That Chapter 6.24 is repealed. Section 8. That Chapter 6.30 is repealed. Section 9. That Chapter 6.34 is repealed. Section 10. That Chapter 6.44 is repealed. Section 11. That Chapter 6.54 is repealed. Section 12. That Chapter 6.60 is repealed. Section 13. That Chapter 6.62 is repealed. Section 14. That Chapter 6.64 is repealed. Section 15. That Chapter 6.66 is repealed. Section 16. That Chapter 6.68 is repealed. Section 17. That Chapter 6.70 is renumbered and recodified in Title 4 as Chapter 4.50, that Title 4 is thereby amended by adding Chapter 4.50 to read "Chapter 4.50 Building Construction Fees", and the sections are thereby renumbered within those respective chapters as follows: Section Renumbered as 6.70.010 4.50.010 6.70.020 4.50.020 6.70.030 4.50.030 6.70.040 4.50.040 6.70.050 4.50.050 Section 18. That Chapter 6.73 is repealed. Section 19. That Title 10 is amended by adding Chapter 10.57 regulating swapmeets, to read as follows: 32 2003 Ordinance Business and Franchise Taxes NCMC Title 6 Sections: 10.57.010 10.57.020 10.57.030 10.57.040 10.57.050 10.57.060 10.57.070 10.57.080 10.57.090 10.57.100 10.57.110 10.57.120 Chapter 10.57 SWAPMEETS Definitions and designation Prohibited items Participants informed of prohibited items Suspension or revocation of license Vendor to obtain license Occasional sales Control of the sale of certain goods Operator's records Premises --paving requirements Premises --fencing requirements Premises--restroom requirements Premises --remaining overnight prohibited 10.57.010 Definitions and designation. As used in this chapter, the terms "swapmeet operator," "vendor" and "swapmeet" shall have the meanings ascribed to them by Business and Professions Code Section 21661. A swapmeet is designated as a regulated activity in order to ensure legitimate business pre ';;tics that does not facilitate the possession or transfer of stolen property. 10.57.020 Prohibited items. It is unlawful for any vendor in a swapmeet to exchange, barter, trade or sell, the following items of personal property: firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number or identifying number has been removed, or any other item of personal property which is prohibited from being exchanged, bartered, traded or sold by ordinance or resolution or any laws of the city, the county, or the state. 10.57.030 Participants informed of prohibited items. The swapmeet operator shall take the following steps to notify each vendor of the prohibitions against selling property designated in Section 10.57.020: A. The swapmeet operator shall install and maintain a public address system of sufficient volume to be heard in all parts of the licensed premises during the conduct of the swapmeet. B. The swapmeet operator shall install and maintain signs in the English and Spanish language announcing the prohibitions of Section 10.57.020. One sign shall be installed for every twenty-five vending sites within the premises. Each sign shall be of a minimum dimension of three feet by four feet. There shall also be installed a sign at each entrance to the licensed premises stating that the sale of property forbidden by Section 10.57.020 is illegal. C. The swapmeet operator shall give to each vendor entering the premises written notice of the restrictions of this chapter. 33 Business and Franchise Taxes NCMC Title 6 2003 Ordinance D. The swapmeet operator shall make oral announcements in the English and Spanish languages of the restrictions of this chapter through the use of the required public address system. Announcements shall be made at least once every sixty minutes during the operation of a swapmeet as defined in this chapter. E. The swapmeet operator or agent shall maintain a constant foot patrol of the licensed premises to observe violations of this chapter. The foot patrol shall be of sufficient frequency that each vending site is passed and observed by the patrolman at least once every sixty minutes during the operation of a swapmeet as defined in this chapter. F. Upon observing a violation of this chapter the swapmeet operator or agent shall notify the National City police department and report the violation. 10.57.040 Suspension or revocation of license. Violation of any provision of this chapter by any person, firm or corporation shall be proper ground for suspension or revocation of the business tax license issued pursuant to Chapter 6.04. 10.57.050 Vendor to obtain business tax license. Except as provided in Section 10.57.060, every vendor selling new merchandise, every vendor selling used merchandise more frequently than twice each calendar year, and every vendor advertising for products or services at a swapmeet shall obtain a tax license from the city pursuant to Chapter 6.04 for his or her operations at a swapmeet. The vendor may give the address of the swapmeet at which he or she operates as the business address for the purpose of obtaining the tax certificate. The vendor must provide a mailing address of the business on the application, which may be his or her home address and home telephone number if there is no fixed place of business. 10.57.060 Occasional sales. Vendors engaging in the occasional or infrequent sale of used goods at a swapmeet, which is defined as two or less sales per calendar year, each sale not exceeding four (4) consecutive days, are not required to pay a city business tax prior to operating at a swapmeet. 10.57.070 Control of the sale of certain goods. Each vendor shall maintain records and comply with Business and Professions Code Sections 21663 through 21666. Records shall be provided to the Chief of Police, as required 10.57.080 Operator's records. The operator of a swapmeet shall comply with Business and Professions Code Sections 21664, 21665 and 21666. Records shall be provided to the Chief of Police as required. 10.57.90 Premises --paving requirements. Portions of real property to be used by a swapmeet operator for conducting a swapmeet sales area, parking, and for the foot travel of participants, shall be paved with surfacing approved by the director of public works prior to that real property being utilized for the conducting of a swapmeet. Nothing in this section shall be construed to prevent an operator from installing suitable landscaping or lawns in lieu of paving any of the areas subject to this section. 34 2003 Ordinance Business and Franchise Taxes nirnnr Trio R 10.57.100 Premises --fencing requirements. The portions of real property used for the swapmeet shall be fenced with fencing not less than six feet in height, constructed of chain link or other open type of material that does not materially obscure visibility through such fencing. 10.57.110 Premises--restroom requirements. All parcels of real property used for the conducting of swapmeets shall be serviced by adequate restroom facilities. 10.57.120 Premises --remaining overnight prohibited. No person shall remain overnight on premises used for the swapmeet. Section 20. Severability. The City Council declares that the invalidity of any section or portion of this ordinance shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions or section, notwithstanding any later declared invalidity. If any provision is determined to be invalid, it may either be severed or judicially interpreted in a way that harmonizes it with the remaining provisions and be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. Section 21. Non -tax increase. The City Council declares that the provisions of this ordinance do not constitute the imposition of a new tax or incr., an existing tax, and for that reason this ordinance is exempt from the provisions of Proposition 218 and may therefore be adopted without submission to a vote of the electorate. Section 22. The City Clerk shall insert into the blank spaces provided the ordinance number Gisigned to this Ordinance. PASSED and ADOPTED this day of , 2003, Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2003 Ordinance Business and Franchise Taxes NCMC Title 6 35 05/29/2002 17:00 FAX 919 299 9197 WESTONE MN9T CONSULTANTS l 001/001 AGENDA ITEM #15 6/3/03 Westone Management Consultants Condominium Conversion Management Consultants 710 Camino de la Reina, Suite 129 San Diego, California 92108-3216 Phone 619-299-9194/5 Fax 619-299-9197 Email iscarlattil aC@cox.net May 29, 2003 City of National City 1243 National City Boulevard National City, California 91950-4301 Att: Park Morse Acting City Manager Applicant Westone Management Consultants Property 801 National City Boulevard Action Request Initiation of a General Plan Amendment to allow the conversion of the Red Lion Inn to Condominiums Dear Sir, til Crt We have the above captioned item going for the third time to the Planning Commission on June 2nd and there is some doubt as to its success. Therefore, given that this project is time sensitive, I ask that you place this item on the City Council Agenda for June the 3rd, for the City Councils consideration. In the event that the Planning Commission chooses to approve the Initiation of the General Plan Amendment I would ask that you pull this item off of the agenda. There is backup material in the form of a report by the Planning Department which could be made available to the City Councilors Tuesday morning, Should you have any questions please call the writer at your earliest convenience. Yours tru Weston nagement Consultants 1jJoseph Scarlatti Partner City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 3, 20(13 AGENDA ITEM NO. 16 ( ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A VARIANCE FOR REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES FOR A RESTAURANT IN SWEETWATER MEDICAL PLAZA AT 1615 SWEETWATER ROAD (APPLICANT: WEN KO) (CASE FILE NO.: Z-2003-2) PREPARED BY 1 DEPARTMENT Roger Post,-4310 Planning EXPLANATION The project site is the Sweetwater Medical Plaza at the northeast corner of Sweetwater Road and Grove Street in the General Commercial -Planned Development (CG-PD) zone. The pie -shaped property, which is across from the National City Golf Course, is developed with a two-story, 7,250 square foot medical office building and 29 space parking lot. The applicant is proposing to open a restaurant in an existing 972 square foot suite; the property owner will run the restaurant. He expects to cater largely to employees and clients of his adjacent medical practice. It will feature sit-down service with seating for up to 28 people, for lunch and dinner seven days a week. It requires six additional parking spaces. Planning Commission held a hearing on this item May 5, 2003. There was no public testimony at the hearing. The Commissioners voted to approve the Variance, since the pie -shaped property is difficult to fully utilize. They included a condition limiting the total floor area to be used for restaurant or retail sales to just over 20 percent of the total building to prevent the conversion of offices to a shopping center with insufficient parking. ( Environmental Review Financial Statement N/A X N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Variance. Vote: Ayes- Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Graham �_ Absent- 2n1itt, Reynolric ATTACHMENTS (,Listed Below ) 1. Planning Commission Resolution No. 13-2003 2. Location Map 3. Site photograph \.. 4. Reduced site plan and floor plan A-200 (999) Resolution No. RESOLUTION 13-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR REDUCTION IN THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES FOR A RESTAURANT IN SWEETWATER MEDICAL PLAZA AT 1615 SWEETWATER ROAD APPLICANT: WEN KO CASE FILE NO. Z-2003-2 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for reduction in the number of required off-street parking spaces for a restaurant in Sweetwater Medical Plaza at 1615 Sweetwater Road at a duly advertised public hearing held on May 5, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2003-2 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings and, WHEREAS, this action ;s 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 May 5, 2003, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since it is difficult to fully utilize the pie -shaped lot, since there is a greater amount of street parking available close by, and since the orientation of the existing development on the lot prevents the provision of additional parking spaces. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since conditions limit the total floor area available for use as restaurant or retail space to 1,600 square feet of the existing 7,250 square foot building. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since restaurants are a permitted use in the CG-PD (General Commercial -Planned Development) zone, and since a large portion of the customer base will be employees and clients of the medical office. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes the operation of a 972 square foot restaurant at 1615 Sweetwater Road, without the need to provide additional off-street parking. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2nd Revision, Case File no. Z-2003-2, dated 4/21/03. 2. No more than 1,600 square feet of the existing 7,250 square foot building can be used as restaurant, retail space, or other non -office use. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the '1 ming 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 Zone Variance. 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 Zone Variance 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. 5. 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 May 19, 2003, by the following vote: AYES: Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Graham NAYS: ABSENT: Pruitt, Reynolds ABSTAIN: N SWEETWATER MEDICAL PLAZA ZONE BOUNDARY ® me. arm CITY BOUNDARY Immo LOCATION MAP 1615 Sweetwater Road NATIONAL CITY PLANNII DRNe DATE: 3/10/03 - INITIAL Z-2003-2 HEARING: NG 5/5/03 e Photographs of 1615 Sweetwater R View of Sweetwater Medical Plaza from the west Bottom floor office area the restaurant would occupy 1 ai PROPOSED S12SQ. FT. EMPLO'YFE1 EXISTING MEDICAL OFFICE CAFETERIAATESTAURANT ! SUITES t V°FU®F0 11 Q° fFT 0 0 0 vto 0 VP tea 441 old] 0 EXISTINGLANDSCAP NG I ® 0 0 EXISTING LANDSCAPING EXISTING LANDSCAPING "XIS11NG LANDSCAPING 00 C7 EXISTING LANDSCAPING DINING ROOM WAITER STATION XISTING REST ROOM 'r COLD D 1 rrrr� -r-I--a j-4-1- -T 44-1� LL_ L 1,t J J_I \EFRI ERA / COOKIII1Gt 1 { l'. I / -n t t1/ \ / _T \ / /\ / \ / \ / \ PREPARTION POT SINK DISHWASHING I+ 4- DRY STORAGE J ..tEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 3, 2003 AGENDA ITEM NO. 17 ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A DUPLEX BEHIND 840 D AVENUE (APPLICANT: PARIS HOUSHMAND) (CASE FILEQNO. CUP-2003-2) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project is located at the northwest corner of D avenue and 9th Street, in the CG (General Commercial) zone. The 5,750 square foot lot has 50 feet of frontage on D Ave and 115 on 9th Street; an alley runs along the west side. Currently, the property is developed with a 963 square foot, single -story home facing D Avenue; a dilapidated two -car garage faces the alley. The applicant proposes to built a two-story duplex on the property, near the alley. One unit is proposed on each story, each with two bedrooms and about 816 square feet of floor area. The structure will have a gable roof with brown shingles, and a cream colored stucco exterior. The dilapidated garage will be removed from the property; however, the existing single-family home is proposed to remain. A total of six parking spaces will be provided; five between the duplex and the alley, and one adjacent to the home accessed from D Avenue. The Planning Commission held a public hearing at their April 7th meeting. The item was continued to May 5th to allow the applicant to improve the design of the duplex. Commissioners noted that the revised building design, while basic, was compatible with nearby dwellings, and that the required number of on -site parking would be provided. They voted to approve the project with a condition for a new carport and exterior paint for the existing home. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Saludares, Alvarado, Flores, Baca, Martinelli, Graham Nayes- Carrillo Absent- Pruitt, Reynolds ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 12-2003 2. Location Map A-200 i999i Resolution No. 3. Site photos 4. Reduced site plan and elevations RESOLUTION NO. 12-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A DUPLEX BEHIND 840 D AVENUE APPLICANT: PARIS HOUSHMAND CASE FILE NO. CUP-2003-2 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to construct a duplex behind 840 D Avenue at a duly advertised public hearing held on April 7, 2003, and continued to the meeting of May 5, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff reports contained in Case File No. CUP-2003-2 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for tl:_ preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on April 7 and May 5, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 5,750 square foot lot is sufficient to accommodate the proposed duplex, while providing sufficient on -site parking, private area and open space. 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 duplex is expected to generate less than fifteen daily vehicle trips, and since the site is served by D Avenue a neighborhood collector street with relatively low daily traffic volume. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since nearby properties are developed at similar or greater densities, and since the proposed new construction will improve the currently blighted site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the duplex will provide two new rental units, incrementally helping to address a shortage of housing in the region. 5. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since an existing apartment complex north of the site provides less than required back-up area and lacks the required amount of on -site parking. 6. That the requested exceptions are subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since approval of the project will result in a continuation of existing alley parking in the area, and since conditions will require one covered parking space and an alley -oriented trash enclosure, both of which are lacking in nearby, similar developments. 7. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since Code allows multi -family residential use in the CG (General Commercial) zone, with a Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use ermit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a duplex behind 840 D Avenue, with exceptions allowing parking in the side yard setback, less than required parking width, and less than required back-up area. Except as required by conditions of approval, all plans submitted for permits associated with the project shall substantially conform with Exhibit A-2"a Revision, Case File No. CUP-2003-2, dated April 22, 2003. 2. The trash enclosure shall be constructed and located in accordance with city standards. It shall have a stucco exterior to match the duplex. 3. The roof and exterior finish of the duplex shall be compatible with materials and colors on the existing home. 4. Building plans shall include a one -car carport constructed adjacent to the existing home. The carport shall include a design and exterior material and colors which are compatible with those on the home. 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. Exterior walls of buildings and the trash enclosure to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. A drainage plan shall be submitted showing all the 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. 9. 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 6 inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements (30' of sidewalk) along the property frontages shall be removed and replaced. 11. A permit shall be obtained from the Engineering Department for all improvements work within the public right-of-way. 12. Street improvements shall be in accordance with the City Standards. All missing street improvements (50' of curb and gutter) shall be constructed. 13. 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. 14. 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. 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. 16. There shall be no fencing or other obstruction on the south side of parking space number one, as shown on Exhibit A-2"d Revision, Case File No. CUP-2003-2, dated April 22, 2003. 17. The exterior finish of the existing home shall receive a new coat of paint. 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 May 19, 2003, by the following vote: AYES: Saludares, Alvarado, Flores, Baca, Martinelli, Graham NAYS: Carrillo ABSENT: Pruitt, Reynolds ABSTAIN: IsANN SITE PHOTOS rope si e oo . ng no wes. across P venue 9 .00 :ng no ' across ' ' ree , arage s ruc ure to be removed, 01 SITE PLAN 'NOTE: _-- - TO REMOVE EXISTING GARAGE 'PITA TO NEW CONSTRUCTION. O o ALLEY PROPOSED 2-STORY ADDITION UNIT 2 & 3 EXISTING RESIDENCE PROPOSED ' DRIVEWAY he cm ol000kac D AV. General Not": Loos end nee rt hey. ..mw I....,.a.:N` Uhl H ono men or he ooNexode hedek, oh.(mle eat., Elecl.riicallc vex[[ s..l 'WIZ •II <�R m 40 w, IS . N�'"en Mn.pk,.. .1MN* .2N«n 2 . of I 3. Primary Ipsllnp M Al bm.n. vox veN n.T. Glaanng: rye PIt•&Ing; Plum DI s. x e.OTtO is b i � ' 00 .r we1..fleTsw ., s - 1,to v ..,..... esnlo or Noe.s. ok kek ."1 wee) . « .One °. Mane r.nxjr mn.a Smoke OeN[ nyAl Arm-; snooks in who nook:: « w, CEP11lICu; ., Lox,: a+EEO PESORkNUH{. I . ems stskaYArk, NU/ NY -No 2.9%a hlkwklT PROPERTY OWNER AND ADDRESS: E2EGUIEL 4 MARY CALOERON 1340 'O' AVENUE NATIONAL CITY, CA 91950 LEGAL DESCRIPTION: PARCEL; 556-x74-II-00 LOTS I I h 12 IN BLOCK t IN W.C. MAP NO. 105 PROJECT DATA: EXISTING UNIT PROPOSED UNIT 2 PROPOSED UNIT 3 TOTAL AREA 963 5' 616 Sr BIM S. 2595 S.r E01 SLOE 5750 5r. FAR - 45% TAPE Or CONSTRUCt1ON 5 N OCCUPANCY GROUP: RESIDENCIAL TONING; RM-I GLAZING CALCULATIONS: ALLOWABLE GLASS 0 20% OF NEW ADDITION AREA 326. 90 PROPOSED GLAZING 254.115 NOTE: ALL NEW GLAZING (FENESTRATIONS) WILL BE INSTALLED WITH A CERTIFYING LABEL ATTACHED SHOWING TN; U-VALUE. SCOPE OF WORK TO CONSTRUCT 1304 59.F1. 1ST FLOOD & 904 sort 2m 'LOOR 10 INCLUDE 2-STORY. TWO 2-BEDROOM. ONE AAUTOTOOM UNITS. Site Pion Notes: 1. AN surfPewater to drain away m 4. PLkYINAq O'.B Pa9NY Iine la 2. Verify aa0 a ne 4' C, firer' 01 ' nslru[N,a iNoce. Lenity locations (eeisen: ' 3 TM1e Nose Dirybs cnd lawn sprinkler's syt'eme VIOL bole °PrP.2.d Deck Noe pre.enlmn devices. UPC e[ n 1003. CnnlrO[lU, to comply TNT all CSOS requIemeI,s OCRnrm4E Cr 000PLAna RES81OMIN.,. e.' vl Cr-Ic D.CO OW. IOU p .a • ..,�.. _._. sCR.: funs K..2 loN Er MUT,'..,,.,,V; mk4r..Y..R4_ ._ _... e.a ' • .L4ELw m 2*0_p ST Mwn hee Q « (.4 LJ 22 n o N U i Q z SD coV m ✓1 a MANDATORY MEASURES CIECK;S' RESIZE`.'IAL ME.-IR Amy W U Z W Lel N CC Z ce a O°[ C.) 02n ¢iwruM.xYST- Al" A 1 BEDROOM is §pY ; BEDROOM 4 onCYI4OTseOCPwO ORA -0 -AD .";rxwaoma ,.[. RA. '>Y On LPJYOVEC CO04 2ND FLOOR PLAN OOK 0 X 0 N ITC H EN LIVING ROOM 0 BALCONY N5 .'0xnm �� zj: NOOK 5. X 1 KITCHEN r s—_ LIVING ROOM m� PATIO BALCONY 1ST FLOOR PLAN GO M,i_ MOOS. 2111x0s mi NidIIIIIipIon IlIoII p mom urcass w`iaus o'rAPoel EAST ELEVATION WEST ELEVATION ., OI .t. ",„r. 01, SOUTH ELEVATION ATM wn PRONE. YIN CLASS A MmSwmlo• wwu As-wns 151m ypCs NORTH ELEVATION ABBAS KESHAVARZI .a.m•d ' ivo YIm mf •CA Gtx U m: ELECEPICAL LEGEND I0 '" NN, ANvr wlLer, t L® X r.>-arzum v.<xn no •vmm, 9 cmw .- RAO A 2 ALLEY -i DRIVEWAY i L° •) ) ME "D" AVE. LANDSCAPING PLAN ALLEY PROPOSED 2-STORY ADDITION DIET 2 k DµCOv DALCO PATIO I Va"ya'. aA' E%IS INO RESIDENCE UN, IRRIGATION PLAN PRNECI NO. Tuw A 3 City of National City, California COUNCIL AGENDA STATEMENT METING DATE June 3 2003 AGENDA ITEM NO. 18 (-ITEM TITLE NOTICE OF DECISION - PLANNING COMMISSION APPROVAL OF A PLANNED DEVELOPMENT PERMIT FOR THE EDUCATION VILLAGE BETWEEN 8TH STREET, PLAZA BOULEVARD, ROOSEVELT AVENUE, AND NATIONAL CITY BOULEVARD, WITH A VARIANCE TO ALLOW REDUCED SETBACKS AND REDUCED PARKING AISLE WIDTHS (APPLICANT: S THWESTERN COLLEGE) (CASE FILE NO.: PD-2003-1/Z•2003-3) f36 PREPARED Roger Po -4310 DEPARTMENT Planning EXPLANATION '1'he project site is located between 8th Street, Plaza Boulevard, Roosevelt Avenue, and National City Boulevard. It is in both the CG-PD General Commercial -Planned Development and MLR Light Manufacturing and Residential zones. Much of the 3.33-acre site has been cleared for development, although the street improvements for the recently vacated segment of 9th Street on the site remain in place. The project includes a 25,000 square foot, two-story San Diego County Office of Education facility at the northwest corner of the site with 21,000 square feet of office space and 4,000 square feet of classroom space; a 48,190 square foot Southwestern College facility along National City Boulevard with 10,500 square feet of retail space, 13,600 square feet of office space, and 24,090 square feet of classroom space; a 145,711 square foot, three- story parking garage along Roosevelt Avenue with 447 parking spaces; and a 52-space surface parking lot. A variance is requested to reduce setbacks by two to eight feet and allow reduced parking aisle widths. At the Planning Commission public hearing on the item, one speaker opposed the project due to concern regarding property taxes, and one person spoke in support. Commissioners discussed ssible graffiti problems and the adequacy of the parking facility to serve 3,000 to 8,000 students daily. The project was approved based on an expectation that it will improve the area and findings that the variance is consistent with existing development. Standard conditions were applied, although the typical requirement for a graffiti -melt coating was H not required due to cost concerns and the applicant's history of promptly removing graffiti. CEnvironmental Review X NjA Negative Declaration Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. Approved BY: Finance Director BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the application. Vote: Ayes - Carrillo, Saludares, Alvarado, Flores, Baca, Graham ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 2. Location Map 3. Site Photos Account No. Resolution No. 4. Site Plan and Elevations A-200 (9/99) RESOLUTION NO. 14-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR THE EDUCATION VILLAGE BETWEEN 8TH STREET, PLAZA BOULEVARD, ROOSEVELT AVENUE, AND NATIONAL CITY BOULEVARD, WITH A VARIANCE TO ALLOW REDUCED SETBACKS AND REDUCED PARKING AISLE WIDTHS APPLICANT: SOUTHWESTERN COLLEGE CASE FILE NO. PD-2003-1/Z-2003-3 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for the Education Village between 8th Street, Plaza Boulevard, Roosevelt Avenue, and National City Boulevard, with a Variance to allow reduced setbacks and reduced parking aisle widths at a duly advertised public hearing held on May 5, 2003, 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-2003-1/Z-2003-3 which is maintained by the City and incorporated herein by reference; along with the Negative Declaration prer:. ;•ed for the project and 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 May 5, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site will allow for development of two buildings including 73,190 square feet of floor area along with adequate parking in a parking garage and surface parking lot, while providing ample room for landscaping and related improvements. 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 site has vehicle access from Plaza Boulevard and Roosevelt Avenue, and since traffic levels in the area will not be negatively affected by the proposed project based on compliance with conditions of approval regarding traffic improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is expected to enhance the commercial area in compliance with General Plan policies. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide education opportunities for area residents and accomplish redevelopment of the area in compliance with the General Plan. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since other proper es in the area are built with reduced setbacks and have minimal available parking. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the property will have street setbacks greater than those found on properties in the area and since the parking area will meet the standards applicable to other lots in the area. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since retail/commercial space, office space, classrooms, and associated parking are permitted uses in the CG General Commercial and MLR Light Manufacturing and Residential zones applicable to the site. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration for the Education Village prepared by the Community Development Commission, the Lead Agency, and adopted on May 21, 2002; finds that there is no substantial evidence that the project will have a significant effect on the environment,. and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Planned Development Permit and Zone Variance is approved subject to the following conditions: 1. This Planned Development Permit and Zone Variance authorizes 73,190 square feet of retail, office, and classroom space. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, case file no. PD-2003-1/Z-2003-3, dated 3/6/2003; and Exhibit C, case file no. PD-2003-1/Z- 2003-3, dated 4/17/2003. 2. Landscaping and irrigation shall be installed in compliance with Exhibits A and B, Case File no. PD-2003-1/Z-2003-3. 3. A trash enclosure shall be provided in accordance with city standards, with an exterior to match the buildings. 4. Graffiti shall be removed by Southwestern College within 24 hours of its observance. 5. A grading and drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. 6. All surface runoff shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. 7. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 8. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 9. A soils engineering report shall be submitted for the review and approval of the City Engineer following approval of the tentative map. The report shall address the stability of all existing and proposed slopes on the property. It shall also address the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 10. A sewer permit will be required. The method of sewage and collection disposal shall be shown on the grading plan. Any new sewer lateral in the City shall be 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. The deteriorated portions of the existing street improvements (100 feet of sidewalk and 40 feet of curb) along the property frontages shall be removed and replaced. 12. All proposed driveways shall be alley entrance type driveways with pedestrian ramps. 13. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the grading construction on private property. 14. 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 estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit will be subject to adjustment. 15. Street improvements shall be constructed in accordance with the City standards. Abandoned driveway aprons (270 feet) shall be replaced with curbs, gutters, and sidewalks. 16. Before this Planned Development Permit/Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptar v 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 Planned Development Permit/Zone Variance. 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/Zone Variance 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. 17. This permit shall become null and void if not exercised within two years 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 May 19, 2003, by the following vote: AYES: Carrillo, Saludares, Alvarado, Flores, Baca, Graham NAYS: ABSENT: Pruitt, Reynolds ABSTAIN: Martinelli \22 \ / t $ 133 PD-2003-1/Z-2003-3 SITE PHOTOS LAZA BLVD. ..................................... J ROOSEVELT AVE. ALP imwiwwwwwwwo®r.malo1ssat inier F_24 SOUTHWESTERN COLLEGE HIGHER STORY EDUCATION ENTER, NATIONAL CITY I Eh pgt tte/ r. UNDER SEPARATE APPLICATION �d WOW 611/1 MO WWII NATIONAL CITY BLVD. AND'CONTRACT% SITE PLAN SCALE •Sad 8TH STREET O KEYNOTES GA. wawa 11® SEE0W00 WWW CZ) were mama ® wow, eenewwwwww o wane WIWIG ®CONWE WNW 11. �MONO m01,MONO ,.NW6-, We1 -wew oN6 -�� ®1M.m srre_OWN ® MOW ,a NO ®mi oua - ewe GENERAL NOTES w mown we we: Nwow 116 941 POW MO P1111.1CWWE IOW WW1 ,. MOO - ed LEGEND $10.s-IEWS -- , 221122591 ON MOE CON /11VOW ca WOW NTD N N L N I 1 F L 1 F ewe 01—I0,151 EILe ""' EOIANWEEIHNI COLLEGE HIGHER EDUCATION CENTER SITE PLAN A0.1.1 _ un &40T 4100;) GFD cm R/ m n m PARTIAL EAST ELEVATION PARTIAL EAST ELEVATION ma Tm SLAM —m gM-ISi 1WinREMOM m m m 4 16 F' ire r-i:rr— lir®Idl iiimii I ��....sto t: 'ma Via6 gum; Npiono {m 0100 MAR m na gls TT' 4 COM 121 O O KEYNOTES ,L ®arm .., -arm ®cams Kama M., aO - raw seas "came ©4w.. esr aan,a saw ®wawa maw RAP - arm ®man ANT - v.•-arm ®awn. 3/0 - am panraw - alms aR-a-ava ®wa caw- mrua m-a-arm EXTERIOR PAINT COLORS COM aoa0101 60L EEL NTD ARCHITECTS Amy a�.�>.me ar a m. l a,.I w-Kowa eouNl'.n7EAI COLLEGE HIGHER EDUCATION CENTER NATIEIIAL CITY 01.10 Mt EXTERIOR ELEVATIONS A A MN If va Ow -Ca 0121000 a� ,,ranee A2.6.1 PARTIAL WEST ELEVATION 'TT ,__ I I II I I II lark PARTIAL WEST ELEVATION BC.VE vs- • TY - I � I O O KEYNOTES osm onus sum - o arta ®„109,m M -men (M <ADN - 7A.•onus Q M.a vs. - w¢v ®vprt mw-[Mal m-i-once Mai EXTERIOR PAINT COLORS MM nen Not 01151 POW U.IMO NTD ARCIIITELLS Im�07. amesunaaW �y��I Y rY ifs m I Im 0 (tlN6M I\ I Vim. rn r_ Ql�� \'} \ II\_ \ _\- \�]I�' �� _'C� R o ---1mmlt}.f. Lr. .41-.• m rGm rs. mm. .._ m. 1 i A e s -- r I L -»0L j F { 1 ' III 1 �' ' LIB ' Al11 I1• k =_ CO T mm. mm. I 1 I G. fggAggglis gigu®NgI�18��&i�NW�R�^I F.Em o an JIT.uu11Ifr�SB❑I... if I GG MI J k # _§ KEYNOTES EXTERIOR PAINT COLORS NTD ARCH I iFtlf on'01-I01857I _rN SOUTH EVERN COLLEGE HIGHER ■ETICIIIK EDUCATION CENTER CITY EXTERIOR ELEVATIONS V A2.6.3 Q Ar ua T , uB1 Q SOUTN ELEVATION EYAlL: ,;..r I __R fAtYf1A m 6M'M1t YA 4Y YYP�.AY m wY. M AM1r1N.�Y.wY. iri 1 F Q I Q Q iii dill L a KEYNOTES EXTERIOR PAINT COLORS LEGEND TD A RCNIIE Cl! • _lM_P_ 04' REOMR SOIfIX CWNtY M. EdICAIIONN CEIIIER SAR C[RO CgM1Y OFFICE OF /11CATMX EXTERIOR ELEVATIONS RI cooa Im v vtm,gfrtm.mommm mama EIN®NI■ io RAMIE A ,..mmK ICE® jr swan® ■ 40.0111 MUM 0 O PARTIAL ELEVATIONS • MECHANICAL WELL 301 y 6 WMS! YII-0 I I II I Im + rc L ra G 0 I � i I�R0 r- ■ 'MiNI>3r, NORTHEAST ELEVATION SCALE Vr. rd ft RSA x ]/MI IV MIRKY rwmui -C T< IC-C M 0 AMP AS 1/..1 III IMMM OHMS a u 5' �n n 77 cr..Ii 7fL I II hlImtoChIIJ ,GT n I GHE1GIrII h,m MMA U L1�IMN8H fz'I / i ® :NE M LIS EE Lre/ AA LLX II I is miffl COG d�f� -- ---j u 4LIZI'SIII ual !IM� / r =M� ��il E�3� 'NNE IIMI la emilli. o ^ Mg Alf <j MM. •mom MAP SOUTHEAST ELEVATION 0 0 68 COM ISSN Sous: yr • Tr m n MCMm m 4 ax 01 MCI II:11: INMEM -E 0 40.1 113. 0 m m KEYNOTES ®.mmm .msv a m. ma==II. ® mom MAWSnormm-wm Qvmm Avm.enr 68 u w MAm mo O p.iM.M u1AAni M. nnm - mwi ®WSW m51 Wij max sw/mx mr <, - m,m ® tom son SSA n-mm Q4 A.um Onto -1w0 crow, mermot Ooau ®rW .S. ere ®M row EXTERIOR PAINT COLORS MIAS MAP MAR MAP MIN OSSA SIM MAO' LEGEND ----- comm. Wm NTD A R C Ill i l< i< oW• A Y4. 1120. rN man EOM COUNTY REGIONAL EDUCATIONAL GERM EM OEGO COOT OFFICE Of EDUCATOR COMM Mt EXTERIOR ELEVATIONS A -Wildf 01 vwm A6.2 SCALE Im goo m F+t'aH vv J. JH K\.,C'./�\vrh9p�1H 5,y `iri. ?iY�i4nr1/Sv�yxf%` ����`aJNti �: 22 21 20 19 18 I i lEr <YHA/yi`>T��ivii�iv�i��vi�H�OiTVTVHJH� ^N 1n�HYT yi�4�iiYe<iT�lJi`/�O Osouth Elevation Ty /iYA vyr� ♦ �l�v �v/� BUJ/W 10 O gch •L, • OWeal Elevation l/le` - -V .maLr AEQ®q� w w���yo i i i��r.<"r� vi i li �r i�r?i0 �iT vTviOi r�/ iY�r`ivrS� �y.,v,TY, �r np�v �, h r�lv/�'i P ONorth Elevation �uamm wro.arnwu �A�a w" NTD A A L Ii I T f C 1 4 me in .1•L6••4 w• nmv w��w SONIESw:a*uu COLLEGE HIGHER eDE µTION CENTER CRT BUILDING ELEVATIONS EL, I. an A1.3.1 JEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 3, 2003 AGENDA ITEM NO. 19 ITEM TITLE REQUEST TO USE THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY SANDAG PREPARED BY Burton Myers 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION SANDAG is requesting use of the north room of the Community Center on Monday July 28, 2003 from 4:00 pm until 10:00 pm to hold a public workshop. They are expecting approximately 150 people to attend this workshop. The workshop will focus on housing, transportation, and environmental needs for the South County region. Costs: Building $422.16 Custodial 117.70 Total: $533.86 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, Environmental Review X N/A Financial Statement Loss of $533.86 if waiver of fees is ap roved. Approved By: Finance Director Account No. STAFF RECOMMENDAT(ON Council decision on use of the ommunity Cente -nd wai er of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No, 1. Application for use of the Community Center 2. Letter from SANDAG dated May 28, 2003 A-209 (9.991 Ma j 22 03 OU:35a MONTEZUMA PIJOLISHING NATInNALCITYENGINE[Cp Ei 33G4397 t51915E4-2900 OS/14/05 09:35am P. aG1a p.2 APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Pease refer to the attached copy of "Rules and Regulations". Name of Organization: 5 iD 1 D4 6 Business Address: t1�1 3i Alt. c>urke 8�)J Saws D�e�g�, GAl �.,21�I_ 4 231 'Name of Applicant: __ MtiLE MCL_ArteIGHL1i`1 Address: 401 V., 5+. Soj Diego, LUG g21ot_- 42 31 Telephone Number: day (1,l9) 515 —5 315 evening ( ) Type of Function:.. f �61�� MeeJh,..q alvat�f1NDRG S i2eq;a.n1 Coviiielhees..e PImei Date Requested: Decorating Time: Function Time: Clean up Time: Use of Kitchen: no yes If yes, Time: Number of Participants: Approx. ItQ-150 Will Admission he charged? NO If yes. Amount $___ Will this be a fund raising event? Will alcohol be served? (am/pm) to If yes, ABC Permit Submitted? (aml (amm (amfpm) Certificate of Insurance attached? • Special configuration of tables or chairs required? `!E tj If yes, attach sketch. Special equipment required? NO If yes, attach list. Copy of Rules & Regulations provided? YE5Initials._MPA Certificate of Insurance attached? How many times in the last two years have you used. the Community Center? '00 If applicable, how much did you pay for building and/or custodial fees? I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. 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 at all property taxes, if any assessed during the use of the City's facility pur— ant t S c_i/f,,n,. ,�f 7 a 107.6 of the Revenue and Taxation Code against Applicant's possessor): i ere i 5 `il yA.ibci ty. ," Signature of Applrr&nt Date rev,02/03 May 22 03 OG:35a MONTEZUMA PUBLISHING NAT I ONALC ITYENG !NEER E::1333E439 (G153594-2500 05/14/05 09' n`iam P. 004 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 5A N i) i4G Person in charge of activity M-.t tip. LAO Address L101 li . S+ . j ; gD7 60- Nei.; CA gzlOt Telephone _ j4 �J l J :5SI5 City facilities and/or property requested Date(s) of use D7-1 g 12 3 Mc"c j 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 p Joperty Ior f `ira tors Signature of Applicant the activity taken under the permit by the permittee or its agents, Certificate of Insurance Approved by C ..2D . 2O?; Official Title Date Name and Title rev. 02/03 MM. M. LUUJ 11:U'JHIVI JN1VUHb °V v. ; 14 Z !,. L 401 8 Street, Suite 800 San Diego, CA 92101-4231 (619) 595-5300 Fax (679) 595.5305 www.sandag.org May 28, 2003 City of National City Public Works Department 1243 National City Boulevard National City, CA 91950 Dear Ms. Augustine: MEMBER AGENCIES r SANDAG is organizing Public Involvement Workshops throughout the region Cities of on the San Diego Regional Comprehensive Plan (RCP) and is planning to hold Carlsbad its South County workshop in National City. The workshop is intended to get Chula Vista input from the South County community about their housing, transportation, Coronado and environmental needs, and will focus on urban form and infrastructure Del Mar issues. Although the content of the workshop is still being developed, we El Cajon anticipate two main activities: a PowerPoint presentation showing different Encinitas types of development throughout the San Diego region, and a regional Escondido mapping exercise, through break-out sessions, conducted on urban form Imperial Beatty alternatives. We expect the workshop to be an interactive event with residents La Mew and community leaders from throughout South County. National City SANDAG would like to hold the South County Workshop on MOLemon Grove °lay, July 28, Oceanside 2003 from 6 p.m. - 9 p.m. at the Martin Luther King Jr. Community Center. We Poway anticipate approximately 100-150 attendees. If possible, we kindly request any San Diego fees to be waived, and would like to request that the City of National City Co. San Marcos sponsor the workshop with SANDAG. Light snacks and cold drinks will be Santee provided by SANDAG. lnsta We would like to request that the Martin Luther King, Jr. Community Center Solana Beach and be reserved for this workshop on July 28th. Gulsum Rustemoglu of my staff is County ofSan Diego coordinating the workshop arrangements. If you have any questions cor comments about the workshops or the requested reservation, please ADVISORY MEMBERS Gulsum directly at (619) 595- 5. California Departrnent of Transportation Metropolitan TranSit Development Board North San Diego County Transit Development Boaid Un rcd Stares Department of Defenm San Oiego Unified Port District San Diego County Water Authority Baja Catforn,atMexica MIKE MCLAUGHLIN Director of Regional Planning MMIG Rfjwc Attachments: Application for Use of the Martin Luther King, Jr. Community Center City of National City Public Property Use Hold Harmless and Indemnification Agreement .EETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 3, 2003 AGENDA ITEM NO. 20 (-ITEM TITLE SELECTION OF THE CONSTRUCTION MANAGEMENT SERVICES FOR THE BUILDING OF THE NEW NATIONAL CITY LIBRARY PREPARED BY Burton Myers EXPLANATION 336-4580 DEPARTMENT Public Works/Engineering The Public Works Department received ten proposals for the Management Services for the construction of the new National City Library. On May 29, 2003, the top four firms were interviewed and the following two firms were selected to continue the process: 1. Douglas E. Barnhart, Inc. 10760 Thornmint Road San Diego, CA 92721 2. RDK Consulting, Inc. 7742 Herschel Avenue, Suite "H" La Jolla, CA 92037 Both firms were found qualified to perform the work. Environmental Review Financial Statement N/A STAFF RECO X N/A Approved By: Finance Director Account No.. The Corn ee is requesting that City CoLncil provide direction on which firm they would like Staff to begin negoltations with. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS t Listed Below ) 1. Douglas E. Barnhart, Inc. Projects 2. RDK Consulting, Inc. Projects Resolution No. A-200 19 99) Relevant Project Experience t) ➢ City of Chula Vista Library ➢ City of Mission Viejo Library ➢ City of Poway Library & Sheriff Substation ➢ City of San Diego CityLink Urban Village (public library, police station & athletic complex) ➢ City of San Diego 25th & Imperial Police Station & Community Center ➢ City of San Diego Convention Center Sails Enclosure ➢ City of Mission Viejo City Hall & Library Expansion ➢ City of Poway Performing Arts Center 6 Relevant Project Experience ➢ City of Hesperia Library (pre -construction) ➢ UC Riverside Science Library ➢ UC San Diego Central Library Renovations ➢ Riverside Community College Digital Library Hartnell Community College Learning Resource Center ➢ Mira Costa Community College Learning Resource Center ➢ San Jacinto Community College Learning Resource Center ➢ Over 250 completed K-12 facilities Barnhart, Inc. = 14th Largest Educational Builder in the Nation (ENR) y All K-12 facilities include libraries 7 �l\ An4S Selected Project Experience San Diego County Projects Cardiff -By -The -Sea Branch Library Encinitas, California Spring Valley Branch Library, Gym and Teen Center Spring Valley, California Valley Center Branch Library Valley Center Museum Valley Center, California Valley Center Sheriff Substation Valley Center, California Rancho San Diego Branch Library El Cajon, California Bonita - Sunnyside Branch Library Chula Vista, California Alpine Branch Library Alpine, California Campo Branch Library Campo, California Fallbrook Branch Library Fallbrook, California Julian Branch Library Julian, California Julian Sheriff Substation Julian, California Ramona Branch Library Ramona, California Potrero Branch Library Potrero, California Other Selected Projects Cabazon Sheriff Station Cabazon, California CAC Annex and Parking Structure Riverside, California Waste Management Headquarters Riverside, California Larson Justice Center Indio, California Northside Library Redlands, California Coroner Forensic Center - East Indio, California Hemet Sheriff's Station & Second District Supervisor's Office Hemet, California Lake Elsinore Sheriff's Station Lake Elsinore, California Jurupa Valley Big League Dreams Mira Loma, California Blythe County Administrative Center (CAC) Blythe, California Jurupa Valley Sheriff's Station & State of California DOJ Forensic Laboratory Riverside, California Riverside Neighborhood Health Center Riverside, California Department of Public Social Services (DPSS) District Attorney Family Support (DAPS) Indio, California University Medical Center and Riverside General Hospital Moreno Valley, California City of Encinitas Community Library Encinitas, California Blythe Civic and Justice Center Blythe, California Palo Verde School District Administrative Offices Blythe, California Ontario Police Headquarters Ontario, California Response to Request for Qualifications Page 11 MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING sDGE ® A Sempra Energy -utility About the 20-Year Energy Resource Plan Providing Safe and Reliable Energy Service 2003 and Beyond WHAT IS THE 20-YEAR ENERGY RESOURCE PLAN ? • The State legislature (AB 57) and the California Public Utilities Commission (CPUC) returned utilities, including SDG&E, to a more traditional role in energy planning and supply for customers effective January 1, 2003 • The 20-Year Energy Resource Plan will serve as a blueprint for meeting our region's energy needs and provide alternatives to meet those needs through 2023 • The plan will look at energy efficiency and conservation, renewable energy (solar, wind, geothermal and biomass), transmission and traditional generation • SDG&E submitted a draft of the plan to the CPUC on April 15, 2003 HIGHLIGHTS OF THE PLAN - A BALANCED APPROACH SDG&E's plan calls for a balanced mix of four proven ways to ensure safe, reliable electric supply: • Reduced Demand — through conservation and energy efficiency • Expanded Use of Renewable Energy — solar, wind, geothermal and biomass energy sources to meet need • Building New Transmission — for improved reliability, flexibility and import capability • Adding New Generation — to ensure reliability in San Diego MAJOR MILESTONES DATE April 15 June 16 July 14th — Aug. 1 October 17 November ACTION Draft Plan filed with the CPUC Testimony Filed with the CPUC by Interested Parties CPUC holds Public Hearings CPUC Issues a Proposed Decision CPUC Adopts Final Plan YOUR INPUT IS IMPORTANT SDG&E encourages public input and looks forward to working with elected officials, community and business leaders, consumer groups and all interested parties in planning for San Diego's future energy needs throughout this year. If you have any questions or would like to provide input, please contact us: By Email resplan ansemprautilities.com Mail comments to: SDG&E Long -Term Resource Plan 8330 Century Park Court, CP33B San Diego, CA 92123 Revised 5.08.03