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Home My WebLink About2008 02-05 CC CDC AGENDA PKTAgenda Of An Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday - February 5, 2008 — 6:00 P.M. t-__ 7T Z J Y"ii:.j..._1:iiQii._"T.fi.'Cin1"N(A..f 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 and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. /,- Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.cinational-city.ca CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/05/08- Page 2 PRESENTATIONS 1. Introduction to the San Diego Workforce Partnership -- Yelena Feldman, Manager of Community and Government Affairs. 2. City Manager's finance and property tax updates. (City Manager) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or non controversial 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. 3. Approval of the Minutes of the Special Meeting of October 30, 2007 and the Adjourned Regular City Council/Community Development Commission Meeting of January 22, 2008. (City Clerk) 4. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" adjacent to the driveways at 2807 and 2827 Hoover Avenue. (K. Hitchcock, TSC Item No. 2008-1) (Engineering) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" adjacent to the driveway at 1428 McKinley Avenue. (J. McGlynn, TSC Item No. 2008-2) (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/05/08- Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space in front of 244 E. 4th Street. (A. Enriquez, TSC Item No. 2008-3) (Engineering) 8. Resolution of the City Council of the City of National City ratifying the renewal of the contract between the San Diego Firefighters Regional Wellness Center and the City of National City in accordance with the Current Wellness Program Services Contract Section 2 `Term", Clause 2.2 and 2.3 for a period of one-year. (Fire) 9. Resolution of the City Council of the City of National City continuing the operating encumbrances and appropriations from the Fiscal Year 2006- 2007 Budget into the 2007-08 Fiscal Year Budget. (Finance) 10. Investment Report for Quarter ended December 31, 2007. (Finance) 11. Warrant Register #27 for the period of 12/26/07 through 01/01/08 in the amount of $1,210,380.31. (Finance) 12. Warrant Register #28 for the period of 01/02/08 through 01/08/08 in the amount of $493,872.12. (Finance) NON CONSENT RESOLUTIONS 13. Resolution of the City Council of the City of National City designating National City Fire Stations #31 and #34 as safe haven sites under the Safely Surrendered Baby Law. (Fire) 14. Resolution of the City Council of the City of National City denying a Conditional Use Permit for a wireless communications facility at 1548 Highland Avenue. (Applicant: Sprint/Nextel — Anne Wulftange) (Case File No. 2007-20 CUP) (APN 560-131-19) (Planning) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2105108- Page 4 NON CONSENT RESOLUTIONS (Cont.) 15. Resolution of the City Council of the City of National City requesting SANDAG to provide advanced funding through debt financing for resurfacing street improvements in the amount of $4,500,000 and authorizing the City Manager to execute a Memorandum of Understanding between the San Diego Association of Governments and the City of National City. (Engineering) 16. Resolution of the City Council of the City of National City adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to provide advanced funding through debt financing for street pavement, sidewalk, curb and gutter, and miscellaneous concrete improvements in the amount of $4,500,000 for Fiscal Year 08-09. (Engineering) 17. Resolution of the City Council of the City of National City authorizing a one- time performance and retention incentive payment of up to five percent to employees in the Executive and Management groups in lieu of increases in base salary, and approving a transfer of funds not to exceed $145,300 from the Undesignated Fund Balance Account to the Personnel Compensation Account to fund said payment. (Human Resources) 18. Resolution of the City Council of the City of National City approving payment of a one-time performance and retention incentive of $9,000 to the City Attorney in lieu of an increase in base salary. (City Attorney) 19. Resolution of the City Council of the City of National City approving and adopting the FY 2007-2008 Mid -Year Budget changes. (Finance) ORDINANCES FOR INTRODUCTION 20. Ordinance of the City Council of the City of National City introducing the California Building Code, 2007 Editions, International Building Code, 2006 Edition. Amending Ordinance No. 15.08 of Chapter 15 of the National City Municipal Code. (Building & Safety) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/05/08- Page 5 ORDINANCES FOR INTRODUCTION 21. Ordinance of the City Council of the City of National City introducing the California Electrical Code, 2007 Edition and National Electrical Code, 2005 Edition. Amending Ordinance No. 15.24 of Chapter 15 of the National City Municipal Code. (Building & Safety) 22. Ordinance of the City Council of the City of National City introducing the California Energy Code, 2007 Edition. Amending Ordinance No. 15.75 of Chapter 15 of the National City Municipal Code. (Building & Safety) 23. Ordinance of the City Council of the City of National City introducing the California Fire Code, 2007 Edition and the International Fire Code, 2006 Edition. Amending Ordinance No. 15.28 of Chapter 15 of the National City Municipal Code. (Building & Safety) 24. Ordinance of the City Council of the City of National City introducing the California Mechanical Code, 2007 Edition and Uniform Mechanical, 2006 Edition. Amending Ordinance No. 15.14 of Chapter 15 of the National City Municipal Code. (Building & Safety) 25. Ordinance of the City Council of the City of National City introducing the California Plumbing Code 2007 Edition and Uniform Plumbing Code, 2006 Edition. Amending Ordinance No. 15.20 of Chapter 15 of the National City Municipal Code. (Building & Safety) 26. Ordinance of the City Council of the City of National City adopting Appendix J of the 2007, Califomia Building Code, Amendments to Title 15, Chapter 15.70 (Grading) of the National City Municipal Code. (Engineering) 27. Ordinance of the City Council of the City of National City Adopting the Standard Urban Storm Water Mitigation Plan (SUSMP), and repealing Ordinance 2002-2213. (Engineering) 28. Ordinance of the City Council of the City of National City Amending Title 14, Chapter 14.22, Storm Water Management and Discharge Control, of the National City Municipal Code. (Engineering) CITY COUNCILJCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2105108- Page 6 OLD BUSINESS 29. Report on transfer of taxicab medallions. (City Attomey/Finance) NEW BUSINESS 30. Request to use the Martin Luther King, Jr. Community Center by the Bilateral Safety Corridor Coalition on February 15, 2008. (Community Services) 31. Request to use the Martin Luther King Jr. Community Center by Integrity Charter School on February 29, 2008. (Community Services) 32. Temporary Use Permit - 25 to Life sponsored by Little Boyz Dreams, a filming using jail cells on lower level of City Hall on February 9, 2008, from 7 a.m. to 7 p.m. (Building & Safety) 33. Temporary Use Permit - Westfield Plaza Bonita Carnival sponsored by Christiansen Amusements from February 22 - March 2, 2008, at the Plaza Bonita Mall. (Building & Safety) 34. Update on National City's Jurisdictional Urban Runoff Management Program (JURMP) Fiscal Year 06-07 Annual Report. (Engineering) 35. Time Extension Request — Tentative Subdivision Map for the division of one 16,675 square -foot lot into eleven lots on a property at 2504 Highland Avenue. (Applicant and new owner: PB Highland, LLC) (Case File No. 2007-63 T.E.) (Planning) 36. Scheduling a Budget Workshop for the Fiscal Year 2008-2009 Annual Budget. (Finance) CITY COUNCILICOMMUNFTY DEVELOPMENT COMMISSION AGENDA 2/05/08- Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 37. Warrant Register for the period of 01/04/08 through 01/17/08 in the amount of $499,664.32. (Community Development Commission/Finance) 38. Investment Report for quarter ended December 31, 2007. (Finance) 39. An Update on the Agreement with Economic and Planning Systems Inc. related to a feasibility study for an industrial park west of Interstate 5. (Redevelopment Division) NON CONSENT RESOLUTIONS 40. Resolution of the Community Development Commission of the City of National City approving and adopting the FY 2007-2008 Mid -Year Budget changes. (Finance) 41. Resolution of the Community Development Commission of the City of National City (CDC) approving the First Amendment to an Agreement with Rick Engineering Company to provide additional services related to Bay Marina Drive improvements for an amount of $7,500. (Community Development Commission) 42. Resolution of the Community Development Commission of the City of National City (CDC) appropriating $30,000 to pay deposit required by Caltrans for state right-of-way decertification on Bay Marina Drive. (Community Development Commission) NEW BUSINESS 43. An Owner Participation presentation for A-1 Alloys at 724 Civic Center Drive, with request for City Council direction. (Redevelopment Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/05108- Page 8 STAFF REPORTS 44. Certification of Housing Element — Roger Post, Planning Director MAYOR AND CITY COUNCIL 45. Continued discussion regarding the formation of a Citywide Health Committee. (Council initiated) ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — February 19, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/C:OMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM # 1 2/5/08 INTRODUCTION OF THE SAN DIEGO WORKFORCE PARTNERSHIP - YELENA FELDMAN, MANAGER OF COMMUNITY AND GOVERNMENT AFFAIRS - ITEM #2 2/5/08 CITY MANAGER'S FINANCE AND PROPERTY TAX UPDATES (CITY MANAGER) ITEM 3 2/5/08 APPROVAL OF THE MINUTES OF A SPECIAL MEETING OF OCTOBER 30, 2007 AND AN ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF JANUARY 22, 2008. (CITY CLERK) ITF24 44 2/5/08 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk 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 thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT JEETING DATE February 5, 2008 AGENDA ITEM NO. 5 ITEM TITLE \ Resolution of the City Council of National City authorizing the City Engineer to approve installation of red curb "no parking" adjacent to the driveways at 2807 and 2827 Hoover Avenue (K. Hitchcock, TSC Item No. 2008-1) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Ad the Resoli*i. OARD / COMMISSION RECO MMEDATION At their meeting fm January 9, 2008 the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" adjacent to the driveways at 2807 and 2827 Hoover Avenue. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation Mrs. Karen Hitchcock, manager of the industrial park at 2807 and 2827 Hoover Avenue, has requested installation of red curb "no parking" adjacent to the driveways to improve sight distance and discourage large vehicles from blocking the driveways. Staff visited the site and confirmed that large vehicles (trailer trucks, motor homes, etc.) park along the 2800 block of Hoover Avenue, which is fronted by industrial and commercial buildings. Staff recommends painting 10 feet of red curb "no parking" on the south side of both driveways at 2807 and 2827 Hoover Avenue to improve sight distance. At their meeting on January 9, 2008 the Traffic Safety Committee approved the staff recommendation Work will be completed by the City Public Works Department. TSC 2008-1 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED CURB NO PARKING ZONE ADJACENT TO THE DRIVEWAYS AT 2807 AND 2827 HOOVER AVENUE (K. Hitchcock, TSC Item No. 2008-1) WHEREAS, Karen Hitchcock, manager of the industrial park located at 2807 and 2827 Hoover Avenue, has requested the installation of red curb no parking zones adjacent to the driveways to improve sight distance and discourage large vehicles from blocking the driveways; and WHEREAS, at its meeting on January 9, 2008, the Traffic Safety Committee approved the installation of ten -foot red curb no parking zones on the south side of both driveways for the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish ten -foot red curb no parking zones on the south side of both driveways for the property located at 2807 and 2827 Hoover Avenue. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 9, 2008 ITEM TITLE: REQUEST FOR INSTALLATION OF RED . CURB "NO PARKING" ADJACENT TO THE DRIVEWAYS AT 2807 AND 2827 HOOVER AVENUE (BY: K. HITCHCOCK) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Karen Hitchcock, manager of the industrial park at 2807 and 2827 Hoover Avenue, has requested installation of red curb "no parking" adjacent to the driveways to improve sight distance and discourage large vehicles from blocking the driveways. She has also requested parking enforcement for vehicles parked in excess of 72 hours. Staff visited the site and confirmed that large vehicles (trailer trucks, motor homes, etc.) park along the 2800 block of Hoover Avenue, which is fronted by industrial and commercial buildings. STAFF RECOMMENDATION: Staff recommends painting 10 feet of red curb "no parking" on the south side of both driveways at 2807 and 2827 Hoover Avenue to improve sight distance. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2008-1 From: Karen t titc !work [niai to:khoceanrandh@yahoo.com l Sent: Wednesday, November 78, 2007 3:42 PM To: Ron Morrison; CMO Subject: parking ha/ard Good Afternoon Mr. Morrison & Mr. Zapata, My name is Karen Ilitchcock and 1 am a commercial property manager. I manage an industrial park in National City (2807/2827 IIoover Avenue) and have had an ongoing problem with the owner of a motorhome (Southwind = license 5PGE718) parking on the street next to one (Amy buildings (2807 Iloover Avenue). I've reported this issue numerous times to Code Enforcement. 1 leave them a message, sometimes they call me back, and sometimes they don't. I've left numerous messages for Code Enforcement over the past two years. According to my tenants, the code enforcement officer has only ticketed the motor home a few times. When the vehicle was ticketed, the owner moved it and we didn't see it again for a month. Again, according to my tenants, there arc several rnotorhomes parked along Hoover Avenue on a weekly basis. Some look as if they are lived in, others arc being stored there by their owners. The Southwind motor home that 1 am speaking of is very unsitely. it also creates a huge potential hazard when parked there. When you are pulling out of the parking tot, it blocks your view (to the left) and it is hard to see oncoming traflic.traveling north on hoover Avenue. The tenant closest to the street sells mobility equipment/furniture for the handicapped and those persons needing assistance. A lot of the tenant's customers are elderly. We are very concerned that eventually there could be an accident due to this motor home. We would like to request that the City consider painting the curb red, along the west side of both buildings (2807 & 2827 Iloover). This would enable us to request immediate towing, should this party or anyone else park in this area. Thank you for any assistance that you can' offer in this matter. We welcome your feedback, as well as any other suggestions you might have to resolve this problem. Sincerely, Karen Hitchcock Property Manager for South Bay Business Center P.O. Box 5184 Oceanside, CA 92052-5184 (760) 945-9156 phone (760) 945 9595 fax Location Map 2807 Hoover Avenue (looking east) 2807 & 2827 Hoover Avenue (looking east) City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE February 5, 2008 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of red curb "no parking" adjacent to the driveway at 1428 McKinley Avenue (J. McGlynn, TSC Item No. 2008-2) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolutio ' el / M��SI = OARD / COM O RECOMMEDATION At their meeting on J nuary 9, 2008 the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" adjacent to the driveway at 1428 McKinley Avenue. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200(Rev .7/03) Explanation Mr. John McGlynn, president of Limousine LLC located at 1428 McKinley Avenue, has requested installation of red curb "no parking" adjacent to the driveway to improve sight distance. His fleet is made up of larger vehicles such as limousines and mini coaches. Staff recommends painting 10 feet of red curb "no parking" on the north side of the driveway and 3 feet on the south side to improve sight distance. At their meeting on January 9, 2008 the Traffic Safety Committee approved the staff recommendation Work will be completed by the City Public Works Department. TSC 2008-2 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED CURB NO PARKING ZONE ADJACENT TO THE DRIVEWAY AT 1428 MCKINLEY AVENUE (J. McGlynn, TSC Item No. 2008-2) WHEREAS, John McGlynn, president of Presidential Limousine, LLC located at 1428 McKinley Avenue, has requested the installation of a red curb no parking zone adjacent to the driveway to improve sight distance; and WHEREAS, at its meeting on January 9, 2008, the Traffic Safety Committee approved the installation of three-foot red curb no parking zone on the south side of the driveway for the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three-foot red curb no parking zone on the south side of the driveway for the property located at 1428 McKinley Avenue. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 9, 2008 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ADJACENT TO THE DRIVEWAY AT 1428 MCKINLEY AVENUE (BY: J. MCGLYNN) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. John McGlynn, president of Limousine LLC located at 1428 McKinley Avenue, has requested installation of red curb "no parking" adjacent to the driveway to improve sight distance. His fleet is made up of larger vehicles such as limousines and mini coaches. STAFF RECOMMENDATION: Staff recommends painting 10 feet of red curb "no parking" on the north side of the driveway and 3 feet on the south side to improve sight distance. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 2008-2 November 7, 2007 City of National City Traffic Safety Committee 1243 National City Blvd. National City, CA 91950 Attn: Mr. Steve Manganiello Traffic hngincer Dear Mr. Manganiello: Presidential Limousine moved to National City in January of this year. We are located at 1428 McKinley Ave. We operate a transportation company servicing corporate clients in the general area. We have 36 vehicles which are based at this location. Our fleet is made up of sedans, vans, limousines and mini coaches. We have vehicles leaving and returning to this location 24 hours per day. All vehicles use a driveway located on the south end of our facility. We are asking the city and your committee to consider painting the curb on the north and south end of the driveway red, for approximately 10 feet on both sides. The reason we are asking for this, is to prevent any potential accident which may he caused by limited visibility caused by vehicles parked close to the driveway on both sides. We are currently upgrading mirrors for the driveway, but feel the red curb would greatly increase the visibility. We appreciate your consideration in this matter and look forward to your response. if you need additional information, please contact me at 619.702.7737 X304. Sincerely Your, John F. McGlynn President Presidential Limousine [.LC PRESIDENTIAL LIMOUSINE LLC phone: (619) 702 77 ii • (800) 708 7009 • facsimile (619) 702-6142 • wwx'.preslimo 00171 Nrw Address: 1428 Mc Kinley Avenue, National Cirv, (71 91950 Location Map 1428 McKinley Avenue (looking west) City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE February 5, 2008 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space in front of 244 E. 4th Street (A. Enriquez, TSC Item No. 2008-3) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Reso ,'�'•n. / C • MIiBION R ' ' ION At their meeting on January 9, 2008 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space in front of 244 E 4th Street. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation Mrs. Amparo Enriquez has requested installation of a blue curb handicap parking space in front of her house located at 244 E. 4"' Street. Mrs. Amparo is 73 years old and has disabilities. Staff investigated the site and found that there are no blue curb handicap parking spaces in the immediate vicinity of the residence. According to the City Council's Disabled Persons Parking Policy, all three of the following requirements must be met for "Special Hardship" cases: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 244 E. 4th Street. At their meeting on January 9, 2008 the Traffic Safety Committee approved the staff recommendation Work will be completed by the City Public Works Department. TSC 2008-3 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF THE PROPERTY LOCATED AT 244 EAST 4TH STREET (A. Enriquez, TSC Item 2008-3) WHEREAS, Mrs. Amparo Enriquez, who is disabled, has requested that a blue curb handicap parking space be installed in front of her home located at 244 East 4th Street; and WHEREAS, at its meeting on January 9, 2008, the Traffic Safety Committee approved the installation of a blue curb handicap parking space in front of the property,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a blue curb handicap parking space in front of the property located at 244 East 4th Street. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 9, 2008 J ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 244 E. 4T" STREET (BY: A. ENRIQUEZ) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Amparo Enriquez has requested installation of a blue curb handicap parking space in front of her house located at 244 E. 4'h Street. Mrs. Amparo is 73 years old and has disabilities. Staff investigated the site and found that there are no blue curb handicap parking spaces in the immediate vicinity of the residence. According to the City Council's Disabled Persons Parking Policy, all three of the following requirements must be met for "Special Hardship" cases: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 244 E. 4th Street. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 244 E. 4th Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. City Council Policy for Disabled Persons Parking 200B-3 &422,-4;24-mkeD/, d/te�c-d`. -0-11rC 'd //_ 7 _ 1-7 1--Q112Q fie m� .._ C'z n YL-1--,e/_. a' 6).A,_!<!_ - D )z,42-6--ryze, tut November 7, 2007 (translation) Dear Mr. Steve: I am a 73 years old lady, the reason 1 am writing this letter is that [ am requesting a parking space infront of my house, I am a disabled person and I have a lot of problems finding a parking space. I lived in 4th Street and the residents around my area do not allow anyone to parked infront of their properties. I went to the police department and they referred me to Mr, Adam I.anda at the Engineering Department, and he told me to write a letter and they will discussed my concern next Thursday. Thank you very much and 1 hope you can help inc. Sincerely, Amparo Fnriquez 244 E. 4th Street National City, Ca 91950 I ""*CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2009 *** D PLACARD NUMBER: 2 ENRIQUEZ AMPARO 244 E 4TI1 ST ISABLED PERSON P L A C A R D**" 1001 DEC 12 A ID: I b DATE ISSUED: 10/09/07 89318J MO/YR: NX DT FEES RECVD: 10/09/07 NATIONAL CITY CA 91950 CO: 37 PIC: 1 TV: 91 AMT DUE : NONE AMT RECVD -- CASH : - CHCK : - CRDT : E10 613 33 0000000 0017 CS EIO 100907 N1 289318J DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS IDENT.LI•'ICATTON CARD OR FACSIMILE. COPY IS TO BE CARRIED BY THE PLACARD OWNER. PRESENT TT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY I)MV IBY E.HQNL,r,OR MAI1, OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FROM"THE REAR VIEW MIRROR. REMOVE IT WHEN DRIVING. PLACARD#: EXPIRES: DOB: ISSUED: TYPE: 289318J 06/30/2009 10/07/1935 10/09/07 N1 PLACARD HOLDER: ENRIQUEZ AMPARO 244 E 4T11 ST NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUET, A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER. .WHEN YOUR PLACARD IS PROPERLY DISPLAYED,. YOU MAY PARK IN/ON: *DISABLED PERSON PARKING SPACES -(BLUE ZONES) *METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RESTRICTIONS TO TIME 'LIMITS *STREETS WHERE PREFERENTIAL PARKING PRIVILEGES ARE GIVEN TO RESIDENTS AND MERCHANTS. YOU MAY NOT PARK 1N/ON: *RED ZONES "TOW AWAY ZONES *WHITE OR YELLOW ZONES "SPACES MARKED BY CROSSHATCH LINES NEXT TO DISABLEL) PERSON PARKING SPACES. IT 1.S CONSIDERED MISUSE: "TO DISPLAY A PLACARD UNLESS THE DISABLED OWNER 1S BEI.NG TRANSPORTED *TO DISPLAY A PLACARD WHICH HAS BEEN CANCELLED OR REVOKED TO LOAN YOUR PLACARD TO ANYONE, INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4.461VC) AND CAN RESULT IN CANCELLATION OR REVOCATION OF THE PLACARD, LOSS OF PARKING PRIVILEGES, ANI)/OR FINES. REMOVE FROM MIRROR BEFORE DRIVING VEHICLE !FORM EXPIRES JUNE 30 The t!ie-a: use y o? a disabled rarkir.zi placard ;a ma: muri+ finF c,r 289318 J PURCI-ASE OF FUEL :,6cs.ness 3 Pro'ess.cr,s Cade 13'cc:, ,..:.. .... s CA r-sen ❑c es .. i ✓':n �"`�iJC - c. "d.:`.y. .PT. 2001 DEC 12 A 10: 1 b Location Map 244 E. 4`" Street (looking south) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21 101, ct seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Ilospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices stalled by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off - mice( parking is provided tot disabled persons. Employment offices for major enteupises employing more than 200 persons. 7 Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9 Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space Zone shall be located to serve a maximum number of facilities on one block. 11. llotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 bolus per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a fall -time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking; prohibition. The cost of installing disabled persons parking will he assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall he a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-terrn purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons pat king program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, • in special hardship cases, provided all of the following conditions exists: (I) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence: y (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking NOTE -It must he emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls Jha:p City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE February 5, 2008 AGENDA ITEM NO. 8 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE RENEWAL OF THE CONTRACT BETWEEN THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER AND THE CITY OF NATIONAL CITY IN ACCORDANCE WITH THE CURRENT WELLNESS PROGRAM SERVICES CONTRACT, SECTION 2 "TERM", CLAUSE 2.2 AND 2.3 FOR A PERIOD OF ONE-YEAR. PREPARED BY Walter Amedee &%? DEPARTMENT Homeland Security Manager EXPLANATION The City of National City entered into a contract with the San Diego Firefighters Regional Wellness Program (SDFFRWP) on November 21, 2006. The National City Fire Department (NCFD) has a right to renew the agreement for three (3) one (1) year options, each for a period of one (1) year after the expiration of the original term. The expiration date was January 24, 2008. As a result, after review from the City Attorney, the NCFD received approval to have the Mayor sign the "Option to Renew Wellness Program Services Contract". Attached is the Option to Renew. Staff recommends the City Council ratify the renewal of the contract between the SDFFRWP and City of National City in accordance with the current Wellness Program Services Contract, Section 2 "Term", Clause 2.2 and 2.3 for a period of one-year beginning January 25, 2008, through January 24, 2009. Terms and Conditions of the agreement shall remain the same. Environmental Review NIA Financial Statement No impact Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the ratification to renew of the contract between the SDFFRWP and City of National City in accordance with the current Wellness Program Services Contract, Section 2 "Term", Clause 2.2 and 2.3 for a period of one-year beginning January 25, 2008, through January 24, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Letter - Option to Renew Wellness Program Services Contract. Resolution. Resolution No. A-2G0 i9/99) THE CITY OF SAN DIEGO MAYOR JERRY SANDERS January 22, 2008 Ron Morrison, Mayor National City Civic Center 1243 National City Blvd National City, CA 9195(1 Dear Mayor Morrison: Subject: Option to Renew Wellness Program Services Contract In accordance with the terms of the Wellness Program Services Contract, Section 2 "Term.", Clause 2.2 and 2.3 of the current agreement between the San Diego Firefighters Regional Wellness Center and the City of National City, please accept this letter as approval for the renewal of the contract for a period of one (I) year beginning January 25, 2008, through January 24, 2009. Terms and Conditions of the agreement shall remain the same. It is understood that original conditions of the contract will prevail. By signing in the designated area below, you agree to renew the contract per the Option Clause for one (1) year under current terms and conditions. Please return the signed letter to: Purchasing & Contracting Department 1200 'third Avenue, Suite 200 San Diego, CA 92010 Attention: K. Wolff Thank you for your interest in doing business with the City of San Diego. Should you have questions regarding this option renewal, please contact Ms. Karan Wolff, Principal Procurement Specialist, at (619) 236-7131. Sincerely, d "Tammy Rimes Acting Director, Purchasing & Contracting Department City of San Diego Purchasing & Contracting Department Business Office & Support Services Page 2 Wellness Contract (SDF/R) Ron Morrison, Mayor National City, CA January 22, 2008 IN WITNESS WHEREOF, this Option Renewal is agreed to by the City of National City, CA, acting by and through its Mayor and by the City of San Diego Firefighters Regional Wellness Program, acting by and through the City of San Diego Purchasing Agent. Dated: 12 3/By: Ron Morrison, Mayor National City Civic Center 1243 National City Blvd National City, CA 91950 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE RENEWAL OF THE CONTRACT BETWEEN THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER AND THE CITY OF NATIONAL CITY IN ACCORDANCE WITH THE CURRENT WELLNESS PROGRAM SERVICES CONTRACT WHEREAS, the City of National City entered into a Contract with the San Diego Firefighters Regional Wellness Program (SDFFRWP) on November 21, 2006; and WHEREAS, the City has the right to renew the Contract for three (3) one (1) year options, each for a period of one (1) year after the expiration of the original term. The expiration date was January 24, 2008; and WHEREAS, in order to prevent the Contract from lapsing before approval of the entire City Council would be obtained, Mayor Morrison has signed a renewal of the Contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies renewal of the Contract between the City and the San Diego Firefighters Wellness Center, in accordance with the current Wellness Program services Contract. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attomey City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY CONTINUING THE OPERATING ENCUMBRANCES AND APPROPRIATIONS FROM THE FISCAL YEAR 2006-07 BUDGET INTO THE 2007-08 FISCAL YEAR BUDGET PREPARED BY Jeanette Ladfltlo, CPA DEPARTMENT Finance Finance Director 336-4331 EXPLANATION At the end of each fiscal year on June 30, all budgets expire except legal contracts and obligations unless the City Council takes further actions. Attached is a listing of the City's operating encumbrances and appropriations that have been carried over into the 2007-2008 Budget for City Council review and approval. Please be aware that this list does not include the City's Capital Improvement Projects (CIP). Staff is in progress of a full reconciliation of the City's CIPs and upon completion, staff will summarize the results for council review and approval. Environmental Review Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Continuing Operating Encumbrances and Appropriations list A-200 (9/80) RESOLUTION NO. 2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONTINUING THE OPERATING ENCUMBRANCES AND APPROPRIATIONS FOR THE FISCAL YEAR 2006-07 BUDGET INTO THE 2007-08 FISCAL YEAR BUDGET WHEREAS, certain grants and capital improvements were included in the Fiscal Year 2006-07 budget; and WHEREAS, those projects were not completed or under contract at the end of the fiscal year on June 30, 2007; and WHEREAS, the budgets for those projects would expire if the appropriations were not continued. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves that the appropriations remaining in those projects on June 30, 2007, not exceed the amount in Exhibit "A", be continued into the fiscal year beginning July 1, 2007.. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" Summary of Carryover Budget from FY2006-2007 - By Fund Fund Description Amount 001 General 167,593.89 105 Park Maintenance Fund 3,610.50 108 Library Capital Outlay 408,512.76 125 Sewer Service fund 49,964.98 130 AMR Fund 274.36 131 Asset Forfeiture Fund 49,336.92 145 Juvenile Education Fund 5,912.68 172 Traash Rate. Stabilization Fund 4,804.32 198 Property Evidence Seizure 88,544.81 208 Supp Law 1?nforcement Svcs Fund (SLESF) 1,486.47 242 N. City Library Matching Fund 4,710.63 246 Wings Grant 199,601.84 254 Lead -Based Paint Hazard Reduction Grant 355,824.75 282 Reimbursable Grants Citywide. 106,481.35 290 Police -Federal Grants 54,003.00 294 HUD Healthy I Ionics Grant 734,044.75 314 OTS Grant 3,296.03 320 1.ihrary Grants 395,834.67 626 Facilities Maintenance Fund 43,280.73 628 General Services Fund 12,741.68 629 Information Systems Maintenance 41,957.75 630 Office Equipment Deprecia.iton 35,085.27 643 Motor Vehicle Service Fund 206,596.89 644 Equipment Replacement Fund 555,000.00 3,528,501.03 1 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOUNT NUMBER 001 409-000 650-9015 001-409-000-710-0000 001-411-000-230 0000 001-411-000-259-0000 001-411-000-299-0000 001 -411-000- 316-0000 001-411 138-318 0000 001-412-125 399-0000 0(11-412- 125-599-000(1 001-421-000 299-0000 001-441-414-355-0000 105-442 000-321-0000 108-431-000-230-0000 108.431-000-299-0000 108-431-000-304-0000 108 -431-000- 304-0000 108-431-000-309-0000 108-431-000-399-0000 108-431 000-501-0000 108 431-000 502-0000 108-431-000-503 0000 108 431-000-506-0000 108-431-000-507-0000 Description NC Community Concert Band Contingency Account Printing & Binding K-9 (:are & Supplies Contract Services Ammunition Wearing Apparel itiiaterials & Supplies Other Fixed Assets Contract Services Motor Equipment & Supplies Fund Total Planting Materials Fund Total Printing & Binding Contract Services Books Books Photographic Supplies Materials & Supplies Mechanical Office Equipment Computer Equipment Furniture & Furnishings Audio/Visual Equipment Library Equipment Fund Total 125.421-222-299-0000 Contract Services FUNI) 'I'OTAI. 8,448.42 4,1,393.88 250.00 351.74 60,000.00 4,400.00 6,373.02 2,120.61 13,.359.7,1 11,966.50 14,993.75 167,593.89 3,610.50 3,610.50 38,73(1.62 50,005.82 87,045.43 0.27 44,649.91 3,783.06 5,000.00 27,58(1.05 66,717.60 5,000.00 80,000.00 408,512.76 21,038.69 2 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOUNT NUMBER 125-422-222-213-0000 125-422-222- 299-0000 Description FUND TOTAL Expert & Consultant Services 14,616.26 Contract Services 14,310.03 49,964.98 130-412-125-355-0000 Minor Equipment <.$5,000 274.36 Fund Total 274.36 131-411-000-570-0000 Building & Plant Equipment 48,565.97 131-411. 000.259-0000 K-9 Care & Supplies 745.95 131-411-000-357-0000 Furniture & Furnishings <500 25.00 Fund Total 49,336.92 145-411-126-399-0000 Materials & Supplies 5,912.68 Fund Total 5,912.68 172 422-225-299-0000 Contract Services 4,804.32 Fund Total 4,804.32 198-411-000-399 0000 Materials & Supplies 88,54,1.81 Fund Total 88,544.81 208-411-000-502.0000 Computer Equipment 1,486.47 1,486.47 3 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOIin'T NUMBER Description FUND TOTAL 242-431 000-299-0000 1,710.63 Fund Total 4,710.63 246 431-000-100-0000 part -tune Salaries 172,572.96 246-431 000 248-0000 Telephone & 'Telegraph 2,033.80 246-431-000-304- 0000 Books 3,500.00 246-431 000-320-0000 Operational/Instructional Supplies 3,946.37 246-431-000-399 0000 Materials & Supplies 17,548.71 Fund Total 199,601.84 4 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOUNT NUMBER 254-413-000 299 0000 282 411-902-502-0000 282-411-912-140-0000 282-411-912-355-0000 282 111-919-226-0000 282 411-920-355-0000 282 412-912-100-0000 282 412-912-140-0000 282-412-912-160-0000 282 412 912-161-0000 282 412 912-355-0000 282 412 919-226-0000 282 412 919-355-0000 290 411-501-506-0000 294 413-000-213-0000 294-413-000-101 0000 294-413-000-120-0000 294-413-000-140-0000 294-413 000 150-0000 294 413-000-160-0000 294-413-000 161-0000 294 413-000-213-0000 294-413-000 250-0000 294 413 000-258-0000 294-413-000-268 0000 294-413 000-299-0000 Description Contract Services Fund Total Computer 1?quipment Workers Comp Minor Equipment <$5,000 Training Minor Equipment <$5,000 Part time Salaries NVorkcrs Comp Retirerent (:barges Medicare Minor Equipment <$5,000 Training Minor Equipment <$5,000 Fund Total Audio -Visual Equipment Fund Total Expert & Consultant Services Full-time Salaries Differential Pay Workers Comp Health Insurance Retirement Charges Medicare Expert & Consultant Services Postage Travel & Subsistence Rentals & Leases Contract Services FIND TOTAL 355,824.75 355,824.75 475.00 15,000.00 17,558.56 2,461.26 19,225.23 2,886.45 28.05 37.85 41.96 45,634.08 86.11 3,046.80 1(16,481.35 54,003.00 54,003.00 137,251.69 152,944.66 990.00 3,284.44 6,600.18 38,704.76 1,237.42 40,001.00 445.22 8,283.61 7,500.00 90,282.17 5 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOUNT NUMBER I )ascription FUND TOTAL. 294 413 000-301-0000 Office Supplies 294-413-000-399 0000 Materials & Supplies Fund Total 1,475.73 102,019.99 734,044.75 6 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOUNT NUMBER Description FUND TOTAL • 314 412 000-597-0000 Capitalized Fixed Assets 3,296.03 Fund Total 3,296.03 320-431-314-213-0000 Expert & Consultant Services 27,150.00 320 431-314 230-000(1 Printing & Binding 5,500.00 320-431-314-250-0000 Postage 40.00 320 431•-314 258-0000 Travel & Subsistence 2,460.00 320-431-314-399-0000 Materials & Supplies 2,647.16 320-431 316. 100 0000 Part time Salaries 519.21 320-431-316-213-0000 Expert & Consultant Services 6,575.00 320-431-316 250 0000 Postage 150.00 320 431-316-258-0000 'Travel & Subsistence 800.00 320-431-316-304-0000 Hooks 14,637.91 320 431 316.399-0000 Materials & Supplies 1,200.00 320-431-319-101-0000 Full-time Salaries 57,525.83 320-431-319-213.0000 Expert & Consultant Services 269,853.00 320 431-319-230-0000 Printing & Binding 700.00 320-431-319-250- 0000 Postage 400.00 320 431-319-258-0000 Travel & Subsistence 3,568.17 320-431-319-301-0000 Books 1,174.99 320-431-319-399-0000 Materials & Supplies 649.33 320 431-311-320-0000 Operational/Instntctional Supplies 0.96 320-431-319-399-0000 Materials & Supplies 283.11 Fund Total 395,834.67 626-422 223-288-0000 R&M Buildings & Structures 43,262.25 626-422-223-299-0000 Contract Services 10.87 626-422 223--327-0000 Building Materials 7.61 Fund Total 43,280.73 7 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCO(1N1' NUMBER Description FUND T( )'1'AL 628-408-000 268-0000 628-408-000-307-0000 Rentals & Leases Duplicating Supplies Fund Total 629-41.5-000-281-0000 R&M -Office Equipment 630-415-000-299-0000 630-415-000-357 0000 630-415-000-503-0000 630-415-000-710 0000 630-415 000-505-0000 630-4 1 5-000 306 0000 630- 415-000-2 99 -0000 630-415-000 357 -0000 Fund Total Contract Services Furniture & Furnishigns <$5000 Furniture & Funuslugns <S5000 Provision for Contingency Training Equipment Duplicating Supplies Contract Services Furniture & Furnishigns <S5000 Fund Total 10,273.05 2,468.63 12,741.68 41,95 7.75 41,957.75 0.00 11,029.73 17,241.58 6,547.96 -35.23 15.00 221.23 65.00 35,085.27 643-422-224-511 0000 Automotive Equipment 204,648.48 643-422 224-282-0000 R&M Automotive Equipment 1,923.41 643-422-224-304-0000 Books 10.00 643-422-224-399-0000 Materials & Supplies 15.00 Fund 'Total 206,596.89 644-422-223-511-0000 Automotive Equipment 555,000.00 Fund Total 555,000.00 TOTALS (ALL FUNDS) 3,528,501.03 8 CITY OF NATIONAL CITY SCHEDULE OF CARRYOVER BUDGET FROM FY 2006-2007 ACCOUNT NUMBER Description FUND TOTAL 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5.2008 to AGENDA ITEM NO. iITEM TITLE Investment Report for quarter ended December 31, 2007 • PREPARED BY DEPARTMENT Jeanette Ladrido, CPA Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the City's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended December 31. 2007. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended December 31, 2007 l A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the City Council within 30 days following the end of the quarter that consists of the following information: V V V V V V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City of National City investments most of its funds in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. For the quarter ended December 31, 2007, LAIF's return was 4.96%. Federal Agency Securities account for approximately 11 % of the investment portfolio. The average rate of return is 4.98%. The City has 61 investments in Certificates of Deposit. These investments are in increments of 99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 5.35%. On 9/13/2007, City Council approved a $2 million investment in the CDARS program. This investment yields 5.13% and accounts for 4.50% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 5.27% The average monthly expenditure of the City is 5.4 million. To ensure compliance with Government Code Section 53646, the City must have 32.4 million available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2007 INVESTMENTS HELD BY THE CITY Investment Type of Book Value Market Value Portfolio Certificates of Deposit LAIF Federal Agency Securities CalTrust Negotiable CD/CDARS 6,038,981.21 29,623,123.47 4,810,441.48 2,239,164.48 2,099,000.00 6,038,981.21 29,643,240.98 4,842,060.43 2,239,164.48 2,099,018.81 13.48% 66.11% 10.74% 5.00% 4.68% Totals for December 2007 44,810,710.64 44,862,465.91 100.00% Totals for September 2007 47,904,199.95 Change from Prior Quarter-3,093,489.31 Negotiable CD/CDARS CalTrust468% 5.00% Federal Agency Securities 10.74% Certificates of Deposit 13.48% LAIF 66.11% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years City of National City Finance Department 31,862,287.95 495,000.00 6,023,293.56 6,430,129.13 71.10% 1.10% 13.44% 14.35% 44, 810, 710.64 100.00 % Investments City of National City Portfolio Management Portfolio Summary December 31, 2007 Par Market Value Value Book % of Value Portfolio C'ty of National City Days to YTMIC YTM;C Term Maturity 360 Equiv. 365 Equiv. Certificates or Deposit - Monthly 6.038 981.21 6.038 981.21 6 038.98:.21 13.48 489 3c1 5.276 5.349 ✓1IF 29,623 123.4? 25.543.240.96 29 523,'23.47 66.1' 4.892 4.96C NegotaolelT-a.nsferableCDs 99,90100 99,018.8' 99,000.00 0.22 366 :35 5.094 5,165 Federal Agency Secar.ties 4813.562.47 4,842,050.43 4,810,441.48 '0.74 1,774 ',392 4.817 4.884 CenTrusi 2.239.164.48 2.239.154.48 2,239,154.48 5.00 1 1 5.198 5.270 CDARS 2,000,030.00 2,000.000.3C 2,00C 000,30 4.46 364 254 5.360 5.130 Investments 44,810,831.63 Total Earnings December 31 Month Ending Current Year 203 402.95 Average Daily Balance Effective Rate of Return IsX�liv r\"''7j JeanettdfLadrido, Finance Oi(ector Reporting period 12/01/2007-12/31/2007 R�r Ca'e 3'23,4038- 12.02 45,606,315.40 5.25% ~ V� 44,862,465.91 44,810,710.64 100.00% 274 Fiscal Year To Date 1,230,554.63 47,010,378.42 5.19% 202 4.969 5.028 Portfao CNC CC CIF ;FRF_F.M') SyrnRept 6.41.202b Report der, 5.C3 CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2007 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 385 Maturity Date Certificates of Deposit - Monthly SYS11149 1'149 Alliarce Bankirg Company 05/03/2C07 99,00C.CJ 99.000.00 99,000.00 5 365 '85 5.365 125 C5r05'2C08 S"S11145 11'45 Advar,:a Bank Corp 041252007 99,000.00 95,030.03 99,000.00 5.3.00 300 5.300 '15 C4;25,2008 S"S11225 11228 Amercan Home bank 1C12412007 99,00,0.00 99,000 OC 99,000.00 5.140 208 5.140 296 10;232008 SYS11235 11235 AVB Fnancia: N A. 10/01;2007 99,OCJ.•JO 99,0G0 00 99,OC3 JO 5.250 235 5.250 639 'C'01:20C9 S\'S' 1191 1.191 Apoalacnan Commur::v Sank 06/06'200? 99.000JO 99 OOG 00 99,00" 20 5.410 234 5.410 157 O6'0612008 SYS11245 1'245 BankF:rst 1';14'2J07 99.00c.C3 9900.00 99.30C.CD 5:10 5.11C 313 1'0'4,2008 S"S1'223 11229 Bark of Vdashirgton 10:23,2C07 98,981.21 98 31 21 9E.981.21 5 100 239 5 100 661 10;232C•J9 SYS11'94 11194 Benchmark Bank OE1C6;20C7 99,030.00 89,000.00 99,000.00 5.450 158 5450 'S? OE.'C6i2CC8 SYS1120' 112.07 The BranoBarsirgCompany 080E.'2007 99,00.00 99,000.00 99,00.300 5.400 255 5.430 594 08,17,2009 SYS11244 1'244 S,.siness First Bans 11r13!200? 99.003.30 99.000 00 99,003 30 5.' 1" 5.11 3'. i 11!13'2•J(18 SYS1' 227 11227 Business Bank c' Fox ^river Vly 1 J24/2C07 99.000.00 99..200 CO 99 OOC.C3 5 05C 174 5.050 482 0427'2009 S'511133 11133 Cape Fear Bank 02.'07,2G07 09 030.00 95,000.00 99,C00 OC 5 500 181 5 500 37 C2'07/2C06 SY51124? 112=7 Cantonal Bank - ' 1'20.2007 99,020.0C 99,000.0C 39.00.0C 5.000 5 COO 505 05:202009 SYS11129 11129 CenTrust Bank. N.A. 0122'2007 99,OC3.00 9,9,003.00 99,000.30 5.510 000 5.510 21 01'22;2008 SY511224 11224 Citizens Bank of Newburg - 1122/2007 99.300 CO 99.000.00 99.00C, CO 5. 00 5.1C0 660 '0/22.'2009. SYS1 /225 11226 Cilizers Natl. Sank o' Oui:man 10;22/2007 99.000.0 99.00.CD 99.3000 5 350 23' 5.050 661 1023,2009 SYS11' 35 '1135 Cole Taylor Ban 03'2912007 99,000.0C 99.000.00 99,C30.0c 5.350 235 5 35C 90 C3,3'208 SYS11136 11136 The Columb'an Barr+. & Trust Co 03,05.2007 99,00.00 99,0000 99,000.00 5.450 249 5.450 63 03.'04/2023 SYS11223 11223 Community First Bank & Trust 10/23,2007 99.002.00 99.000 00 99,000.00 5.102 220 5.100 478 04'23/2009 SYS11192 11192 The Commonwealth Co-operative C61" 2/2C07 99.000 CO 99.000.00 99.30C CO 5.47C 161 5..470 163 36,12'2008 SYS11 '08 11108 Commerce Frst Bank 09'18,2036 99,000.02 99.000.03 99.300.03 5 750 223 5.750 26' 09,18/20,08 SYS'1195 11195 CcmerstoneBank 0611;2007 99,000.0C 99,000.0C 99.000.0C 5.450 239 545C :62 06;1'i2038 SYS'1222 1'222 CrestmerkBank 10/01/2007 99,000.30 99.000.00 99,000.00 5.103 221 5.100 6'39. 1C'C';2009 SYS1' 234 11234 Count'wide Bank. N.A. 10,30/2007 99.000 00 99.00C JO 99.00J C0 5.400 5.475 303 10'3C.'20C•E 5"S11219 11219 Farmers Bark 09110/2007 99.000.03 99,000.03 99.000.CO 5.40C 205 5.400 253 39,10'2008 SYS11'32 :1132 First Bank of Miami 02'21/2007 99,CJO.0C 99,020.03 99,0JO.oe 5 5JC 159 S.SOC 5'. C2'21'2C08 SYS11240 11240 Felic'.aria Bank & "rust 11/02'2007 99,000.00 99,000.0C 99,000.00 5.050 222 5 350 571 11;02,2C09 SYS11198 11196 First National Bank USA 06,25'2007 99,000 30 99,000 00 99,003 00 5.6C3 255 5.600 17E 05'25:20E3 SvS1122' 11221 Fcrrestcn State Bark 13;01,2007 99.J0G 00 99.00C CO 99.000 CO 5.:50 2C3 5.150 274 10/01:200e SYSI1:3C ' 113C Freedom Bank c' Georgia 01/31,2007 99..000.00 99.0X.00 99.00G.CO 5 50C 189 5.500 30 01,31'2308 SYS' 1J93 11093 Garden City S:a•e Sank 07/03/2005 99.000.00 99,000.00 99.C30.0C 5.800 193 5.800 2 01/03/2208 SYS11146 11146 Gulf Coast Community Bank 05/07.'2007 99,000.00 99,000.00 99,000.00 5.3E0 236 5 38C. '27 05;07/2008 SYS1' 157 11197 Georgian Bank C7,' 11200' 99,000 JO 99 JCO OO 99.000 OO 5.47' 200 5.547 '91 '071113,2003 SYS1120J ' 1200• home Federal Bank c' Hollywcoc 07.242007 99.000 CO 90.20C.CO 93,002 CO 5.50J 251 5.530 570 07124;2009 SYS'1243 '1243 -lion 'rust Bank 11.'13,2037 99,000.00 99.000•.00 99.000.03 5 10C 5.10 317 11'132008 SYS11209 1'299 yiIIC'estBank 06'16;2007 99,000.00 99,000.0C 99.000 00 5250 202 5.262 594 28,'7/22,09 Rr1 Jac 0',182C i9 •'2 54 Portfolio CNC CC �N (PP.F FSI21 S,",Re,f 6.41 232n roor•. ': er 5.00 CUSIP Investment # Issuer City of National City Portfolio Management Portfolio Details - Investments December 31. 2007 Average Purchase Balance Date Par Value Page 3 Stated YTfd1C Days to Maturity Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SY311236 11208 titer Savings Back 38.'16/23C7 99.30.00 53.000.00 99 000. DC 5.530 260 5.530 554 08117'2009 SYS11199 11199 „acksrville Bank 37/11/2307 99,30.00 59.000.CC 99 000.0C 5.555 212 5.555 191 07:10/2008 SYS11236 11235 Monterey Co.ir.:y Bank 'C!C'/2307 99.000.00 99,00C.00 99. 000.3C 5.150 281 5.150 539 'C101/2009 SYS11193 11193 Nona Manta Nat,onal Bart 36'19/2307 99.0C3.00 59,000.C3 99.000.3C 5.510 ' 79 5.510 171 36.'20/2008 SYS11127 11127 Security Facfo Bank 31/22/2007 99 000.0C 99,000.C3 99.000.30 5.510 285 5.510 21 31/22/2008 SYS11220 11220 New City Barn 39.'26/2007 99.3C3.00 59.000.C3 99009 00 5.150 249 5.153 636 39/28/2009 SYS11237 11237 Nona American Banking Co. 10/01/2007 99.3C3.0C 59.000.03 99,COC.30 5.250 5.253 639 'C'C1/2C09 SYS11126 11128 Nari Republic Bank of Chicano 01/11/2007 99 OC3.0C 59,000.C3 99,000.00 5.503 270 5.5C3 'C 01'11,2C08 SYS11202 11202 Omni National Bank 37/23/2007 99.1300.0C 99.000.03 99.030.00 5.5C3 2'C 5.500 539 D7/23/2039 SYS11134 11134 Park Cities Bank 02/21/2007 99.000.00 99,003.C3 99,00C.00 5553 258 5550 51 02!2'12008 SYS11153 11153 Piedmont Community Bark 05/3'/2007 99.000.30 99.303.03 99,C0C.00 5.400 141 5.403 153 06/02;208 SYS11241 11241 Pinnacle Bank 11/20/2007 95.000.30 99 300.03 59,030.00 5.300 158 5.000 695 11/20;2C09 SYS11107 11107 Peoples Stale Bank 09/13,2C36 99,000.0C 99 000.00 99,C30.C3 5.5C0 193 5.5C0 259 09/16/2008 SYS' 1206 11206 STATE BANK OF INDIA (CALIF) 07/18/2037 99.000.0C 99 003.00 99,030.03 5.613 17C 5.610 199 07/18/2008 SYS' 1177 11177 SIgnatu'e Bank 05/01/2007 99.000.00 99.003.00 99,000.00 5.375 254 5.375 121 05/0112008 SYS11131 11131 Southern Bank 02/05/2007 99.000.30 99.000.00 59,000.00 5.450 180 5.456 35 02/05.'2003 SYS' 1218 11218 Sun West Bank C9/20/2007 99.000.30 99.000.00 99,000.03 5.400 156 5 40C 262 C91'9:20C3 SY511246 11246 Syncws Bank of Jackscnvi9e 11/1412007 99.090.00 99.000.00 99,000.03 5.050 144 5.05C 685 11,16/20C9 SYS' 1144 11144 Tenr.esse Commerce Bank 04116i2037 99,000.00 99 000.00 99.000.03 5.350 226 5.350 106 04/1612008 SYS' 1'47 1' 147 Treaty Oak Bank 05/1612037 99,000.00 99.000.7C 99,000.00 5.40C 180 5.400 136 C5/16/2008 SVS11225 11225 First Tuskegee Ban< 10/17.2037 99,C0C.00 99.000.0C 99,393.00 5.20C 143 5.23C 472 04/17/2009 SYS' 1148 11148 'Union 2an:k N.A. C5/37;2037 99,000.00 99.000.0C 99,300.00 5.400 256 5.400 127 05107/20C13 SYS' 1198 11198 Union National Bark of Elgin C7/'9/2007 99,COO.CO 99,CO0.00 99.000.00 5.58C 241 5,580 2C0 07119/20013 SYS' 1143 11143 Wes Pointe Bank C4/' 1/2007 99,COO.CO 99,C30 00 99.000.00 5.25C 231 5.250 101 04,'11/2308 SYS' 1152 11152 'WesSide Bank C5/24.'2007 99,030.00 99,C30.DC 99.360.0C 5.39C 3C3 5.390 147 05127/2308 LAIF 98-37-575 Subtotal and Average 8,038,981.21 1'058 Lccal Agency Investment Fund Subtotal and Average 30.061,833.15 Negotiable/Transferable CDs 524231 BA3 11213 Mounta n Nat oral Bank 05;'.5'2007 Subtotal and Average 99,000.00 6,038,981.21 6,0 38,9 81.21 29,623,123.47 29,623,123.47 6,038,981.21 5.349 301 29,643.240.98 29,623123.47 4.960 29,643,240.98 29,623,123.47 99,000.C3 99.C18.81 99,000.00 99,018.81 Federal Agency Securities 31331XX31 11217 Federal Fan Credit Sank 08/27/2307 253,000.03 252.735.0 F.n Date C1:2320CE •' 1'2`_ 4.960 1 4.960 1 99.000DC 5.150 215 5.'65 135 35/15/2C08 99,000.00 5.165 135 250.000.00 5.653 5.550 1.70C 08/27,2C12 Portfolio CNC CC FV (FRS PM2) SymP.ep'• 5.41.202b CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2007 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 31331Y3L9 1'255 Federa. Farm Credit Bank 12/0512007 253,000.00 250,547.50 250.000.00 4.875 4.875 1,800 12/0512012 31331YGLBC 11256 Federa. Farr Credt Bank 12/0512037 253.000.00 251.312.50 250,00C 00 4.875 4.375 1330 12/05;2012 31339YFN7C 10857 Federa' Home Loan Bar.. C7/24,'2003 1C3,000.CJ 100,220.00 99,750.00 5.250 AAA 3.455 205 C7/24;2008 31339XQN7 10863 Federal Home Loan Sank C7i02:2003 1C3,000.C3 100631.00 100,CJ0 00 4500 AAA 3.'CD 183 C7/0212038 31339XQN7 10867 Federal Home Loan Bank C7,02f'2003 103,000.CJ 100.031.00 100,C3C.00 4500 AAA 3.'CO 183 C7/02;2006 3133X4P21C 1094C Federal Home Loan BanK C3/25/2004 10.0,000.03 100,31060 99.937.50 4.0C3 AAA 3.664 449 032512009 3133X52E7 10942 =ederal Home Loan Bank 03/30.'2004 '03,000.03 'C0.247.00 99,937.50 4.50 AAA 3.614 454 03/30:2009 3133X52E7C 10547 =ederal Horne' _can Bank 03/30.'2004 1CO,OC3.00 1C0,438.00 100,C0C.00 4.503 AAA 3.600 454 03/3C:2009 3133X5L48C 1094E Federal Horne Loan Bank 04121,2004 1CO,3C000 .03.060.CD £9,562.50 4.500 AAA 3 521 476 C4/21:2009 3133X5NZ7C 10949 Federal Home Loan Bank 04122/2004 100,000.00 99.40463 'CJ,000.C3 4.3C0 AAA 3.540 477 C4/2212009 3133X6BG3C 10951 Federal Home Loan Bank 04/29/2004 100.000.00 1C0685.CJ 99,968.75 5.003 AAA 4 057 484 04,2912009 3133X6DB9C r C952 Federal home .can Bank 04:30/2004 100.0C3.00 ' CO.716.03 99,800.00 4.253 AAA. 3.994 485 04,30.'20C9 3133XLLX9 ' 1190 Federal home Loan Bank 07/11/2307 100 3C3.0C ' C0,348.00 1C3,000.03 5.5CD AAA 5.50C 74'. 01/1112010 3133XLKD4 11205 Feoeral Home Loan Bank 37109/2007 200 300.0C 203,375.00 200,000.00 5 625 AAA 5.625 923 07/39:2013 3133XM556 11210 Federal Home Loan Bank 38/27/2007 250.000.30 251.093.75 253.000.03 5.750 AAA 5.750 1,7C3 0327/2012 3133XKUL7 '1211 Federal -.orne Loan Bank 081C2/2307 206000.00 205.899.50 201.087.50 5.250 AAA 5.337 1.613 05:2912312 3133XLUL5 11215 Federal 'Home Loan Bank 38/15/2007 25C 000 OC 252 812.53 250,000.03 5.750 AAA 5.750 1.688 08:15/2312 3' 33XML90 11230 Federal Home Loan Bank 10'10/2007 530.000.00 506 066.67 499.791.67 5 300 AAA 5.33C 1,737 10;03/2012 31339Y6G2 B 11233 Federal Home Loan Bank 07,17/2003 30.259 44 30.379.09 30.24.0.53 5.250 AAA 3.364 198 07/17,2009 31339Y6G2 E 11239 Federal Home Loan Bank 07/17/2003 30.30303 30.312.42 30 3C3.03 5.25C MA 3.350 198 07/17/2009 3'2BX6PR1 11231 Federal Home Loan Mrtgage Corp 10/24/2007 30O,000.00 303 804.00 300.300.00 5.40C AAA 5.430 1.758 10124/2012 3' 28X6RN8 11250 Federal Home Loan Mrtgage Corp 12,05/2007 250,000.00 25C 825.00 250.062.50 5.000 AAA 5.023 1 791 11/26/2312 3136FBVL6 11249 Federal Nall. Mortgage Assoc. 11/07/2007 300,000.00 302.439.00 30C 000.0C 5.000 AAA 5.000 1 772 111;07/2012 3136F8Y'^.2 1.257 Federal Natl. Mortgage .Assoc. 12/13/2007 400600.00 400.000.30 400.300.0C 4.875 AAA 4.675 1.808 12:13/2012 31398AJY9 C 1'242 Fannie Mae 11/21/2007 250,000.00 251,567.50 250.000.00 5.020 5.020 1.786 11.'21/2012 Subtotal and Average 5,176,254.69 4,810,562.47 4,842,060.43 4,810,441.48 4.884 1,392 Pass Through Securities 31337GSG5 10637 Federal Horne Lean Mrtgage Corp 11i3C,'1998 0.00 C.00 0.00 6.C70 AAA 6.000 0 01/15/2013 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0 CalTrust 2C1-303C17.113 '1059 CDARS SYS11215 ' 1215 R.,n Date. C1'211U3. 12 )2 CalTnst Subtotal and Average 2,230,246.35 Neighborhood National Bank 2239,'64.48 2,239,164.48 2,239,164.48 5.270 5.270 1 2,239,164.48 2,239,184.48 2,239,164.48 5.270 1 39:13/2007 2 000.000,00 2.000.000.00 2,000,030.00 5.130 5.130 254 09/1',2008 Portfolio CNC CC 'A' ;FR_F`,42) SymRept E 41.2C2e CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31. 2007 Average Purchase Investment a Issuer Balance Dave Subtotal and Average 2,000,000.00 Par Value 2,000,000.00 Market Value 2,000,000.00 Page 5 Staled YTMfC Days to Maturity Book Value Rate S&P 385 Maturity Date 2.000,000.0D 5.130 254 Total and Average 45,606,315.40 44,810,831.63 44.862.465.91 44,810,710.64 5.028 202 POifolio C.VC cc L.'• Cale. 01/27.'2708• '202 '1':PRF Fs12) Symlepl 64,.2C27 :J' i CUSIP City of National City Portfolio Management Portfolio Details - Cash December 31, 2007 Average Purchase Investment # Issuer Balance Date Par Value Stated YTMIC Days to Market Value Book Value Rate S&P 365 Maturity Page 6 Average Balance 0.00 0 Cam C1'23/2CCE Total Cash and Investmentss 45,606,315.40 44,810,831.63 44,862,466.91 44,810,710.64 5.028 202 Pcr:fora CNC CC °n:'P4F_ V2) Sj'nRept 6 c..2Ci^ City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 5, 2008 11 AGENDA ITEM NO. ITEM TITLE Warrant Register # 27 for the period of 12/26/07 through 01/01/08 in the Amount of $1,21.0,380.31 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-1331 Per Government Section Code 37208, attached are the warrants issued for the period of 12/26/07 through 01/01/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Public Emp Ret Sys Payroll Check# Amount Explanation 218593 225,631.99 Emp. Retirement Various 843,516.85 PPE 12/17/07 Environmental Review N/A MIS Approval Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Not applicable. BOARD / COMMISSION RECOMMENDATION Ratification of warrants the amouylt of $ 1,210 38 se - ATTACHMENTS ( Listed Below ) Resolution No. 1. Warrant Register#27 A-200 (Rev. 7/03) City of National City WARRANT REGISTER N 27 1/1/2008 PAYEE DESCRIPTION CIIK NO DATE AMOUNT OFFICE OF JUSTL('E PROGRAMS RETURN OF 2001 GRANT FUNDS 218542 12/27/2007 15,918.96 ACEDO RETIREE HEALTH BENEFITS JAN-08 218543 I/1/2008 160.00 ADDICTION MEDICINE CONSULTANTS DRUG & ALCOHOL. TTFSTING PROGRJ 218544 1/1/2008 700.00 ALIEN RETIREE I11•:ALTH BENEFITS JAN-08 218545 1/1/2008 125.00 BANK OF AMERICA CREDIT CARD FEES 218546 1/1/2008 46.22 BOYD RETIREE HEALTH BENEFITS JAN-08 218547 1/1/2008 145.00 C W REED JR RETIREE HEALTH BENEFITS JAN-08 218548 1/1/2008 1,051.30 CALIFORNIA FIRE MECHANICS REGISTRATION FOR R HIJERTA 218549 1/1/2008 500.00 CITY HALL DELI LUNC'H - ICS TRAINING 218550 1/1/2008 201.46 ANTRA COSTA COUNTY SHERIFFS' TUITION. F KLOS 218551 1/1/2008 223.00 COUNTY OF SAN DIEGO BILLING PERIOD OCT 2007 218552 1/1/2008 460.00 DEFRATIS RETIRF.F. HEALTH BENEFITS JAN-08 218553 1/1/2008 120.00 DEPARTMENT OF INDUSTRIAL. FEES/SUBSEQUENT INJURY 218554 1/1/2008 24,096.42 DEPARTMENT OF JUSTICE NEW EMP FINGERPRTN'1' TEST 218555 I/1/2008 224.00 DICERCHIO RETIREE HEALTH BENEFITS JAN-08 218556 1/1/2008 70.00 DONS'FON HONORARIUM FOR DEC CONCERT 218557 1/1/2008 100.00 DREDGE RETIREE HEALTH BENEFIT'S JAN-08 218558 I/1/2008 250.00 DREW FORD MOP #490878 111111 ASSEMBLY 218559 1/1/2008 211.31 ED REED POSTAGE - COMMUNITY CONCERT 218560 I/1/2008 78.00 EL L.AT INO EXECUTIVE ASSIST/MGMT ANALYS'I 218561 1/I/2008 336.00 ESGIL CORPORATION BLDG PLAN CK OCT 2007 218562 1/1/2008 13,026.89 PIRITll SUBSISTENCE-D. FSPIRITU 218563 1/1/2008 872.28 LWERT, PIIILLIP RETIREE HEALTH BENEFITS JAN-08 218564 1/1/2(108 160.00 FEDEX KINKO'S• CARDSTOCK MAILERS FOR NIIC 218565 1/1/2008 239.56 HAMII.TON HILTON SACRAMENTO HOLLOWA Y HUERTA INTERNATIONAL TRAINING JOHN DEIiRE LANDSCAPES KIMBLE KIRKENDALL KLOS KOLANDA L & 1. BARBECUE MARSIIALL MUSIC MAIIENZO MCCABE City of National City WARRANT RE(,ISTF.R # 27 I/1/2008 RETIREE 1111Al.TH BENEFITS JAN-08 218566 1/1/2008 100.00 ACCOMMODATIONS FOR R HUERIA 218567 1/1/2008 476.95 RE'I'IREE HEALTH BENEFITS JAN 08 218568 1/1/2008 150.00 REIMB FOR AIRFARE -SEMINAR 218569 1/1/2008 325.36 REGIST- D, ESI'IRITU 218570 1/1/2008 545.00 MOP #69277 PESTICIDE TRAINING 218571 1/1/2008 330.00 RETIREE HEALTH BENEFITS JAN-08 218572 1/1/2008 300.00 SUBSISTENCE/I-RAVE!. 218573 1/1/2008 363.67 SUBSISTENCE. 218574 1/1/2008 902.86 RETIREE HEALTH BENEFITS JAN-08 218575 1/1/2008 135.00 I,IJNCH - !CS TRAINING 218576 1/1/2008 210.1. SHEET MUSIC FOR BAND 218577 1/1/2008 65.19 RETIREE HEALTH BENEFITS JAN-08 218578 1/1/2008 100.00 RETIREE HEALTH BENEFITS JAN-08 218579 1/1/2008 280.00 MILL: OF CARS ASSOCIATION FY 07-08 APPORTIONMENT #5 12/12/( 218580 1/1/2008 6,733.67 MONTOYA REFUND FOR RECORD CK IETTER 218581 1/1/2008 15.00 MORGAN SQLJARE, INC. FY 07-08 APPORTIONMENT #5 218582 I/1/2008 38,676.51 MORRISON REJMB FOR NAT'L LEAGUE OF CFFIF.: 218583 1/1/2008 985.70 MURRAY RETIREE HEALTII BENEFITS JAN-08 218584 1/1/2008 150.00 MYF.RS RETIREE HEALTH BENEFITS JAN-08 218585 I/1/2008 140.00 N C CHAMI3 R OF COMMERCE ANNUAI. INAUGURATION 218586 1/1/2008 625.00 NAPA AUTO PARTS MOP #45735 SPARK PLUGS, HOSE 218587 1/1/2008 182.88 NOSAL, WILLIAM A. RETIREE HEALTH BENEFITS JAN-08 218588 1/1/2008 992.2° PAUU RETIREE HEAT: FH BENEFITS JAN-08 218589 1/1/2008 340.00 PERRY FOR[) MOP #45703 REPAIR DAMAGE 218590 1/1/2008 637.50 POTTER RETIREE HEALTH BENEFITS JAN-08 218591 1/1/2008 150.00 City of National City WARRANT REGISTER # 27 1/1/2008 PRUDENTIAL OVERALL SUPPLY MOP #45742 LAUNDRY SERVICE 218592 1/1/2008 257.81 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12-07-4 218593 1/1/2008 225,631.99 RAY RETIREE HEALTH BENEFITS JAN-08 218594 1/1/2008 190.00 RUIZ RETIREE HEALTH BENEFITS JAN-08 218595 1/1/2008 310.00 SI) ASSOCIATION OE PUBLIC TUITION: M HERNANDEZ 218596 1/I/2008 150.00 SI) RECREATION AND BENEFITS 2008 MEMBERSHIP 218597 1/1/2008 195.00 SDC;&E STREET DIVISION 218598 1/1/2008 430.61 SHORT, CRAIG RETIREE. IIFALTII BENEFIT'S JAN-08 218599 1/1/2008 300.00 SUIII HONORARIUM FOR CONCERT ASSIS' 218600 1/1/2008 250.00 SUPERIOR READY MIX CONCRETE CONCRETE 218601 1/1/2008 .1 I5.67 .HELIGIITIIOUSE,INC. MOP#45726 MINIATUREBlJL13S 218602 1/1/2008 4.16 THIRD DEGREE COMMUNICATIONS REGISTRATION -I. KIRKENDAI.1. 2186(13 1/1/2008 295.00 U.S. HEAI.TIIWORKS PRE-EMP PHYSICAL 218604 1/1/2008 172.00 UNION TRIBUNE EXECUTIVE ASSIST/MGMT ANAI.YS'1 218605 1/1/2008 1,050.00 ZIE TLOW, DAVID RETIREE HEALTH BENEFITS JAN-08 218606 1/1/2008 150.00 Workers compensation checks Total 342,731.14 14301 12/21/2007 1,730.70 14302 12/21/2007 72.14 14303 12/21/2007 39.48 14304 12/21/2007 192.93 14305 12/21/2007 283.98 14306 12/21/2007 117.01 14307 12/21/2007 51.02 14308 12/24/2007 78.49 City of National City WARRANT REGISTER N 27 l/l/2008 14309 12/24/2007 7.18 14311 12/26/2007 5,267.04 14312 12/26/2007 440.00 14313 12/26/2007 440.00 14314 12/26/2007 440.00 14315 12/26/2007 648.00 14316 12/26/2007 600.00 14317 12/26/2007 1,418.98 14318 12/27/2007 26.84 14319 12/27/2007 47.91 14320 12/27/2007 54.08 14321 12/27/2007 237.30 14322 12/27/2007 168.15 14323 12/27/2007 2,574.36 14324 12/27/2007 432.00 14325 12/27/2007 70.60 14326 12/27/2007 96.20 14327 12/27/2007 74.49 14328 12/27/2007 44.69 14329 12/27/2007 80.46 14330 12/28/2007 350.(8) 14331 12/28/2007 37.00 14332 12/28/2007 1,106.5(, 14333 12/28/2007 486.00 14334 12/28/2007 296.05 PAYROLL Pay period Start Date City of National City WARRANT RFC:ISTER # 27 1 /1 /2008 End Date Cluck Date 26 12/4/2007 I NI 7/2007 12/26/2 W 7 14335 12/31/2007 1,225.74 14336 12/31 /2t107 100.00 14337 12/31/2007 4,792.00 14338 12/31/2007 5.00 Total 24,132.32 Total 366,863.46 843,516.85 GRAND TOTAL 1,210,380.31 City of National City Warrant Register # 27 1/1/2008 001 GENERAL FUND 885,755.40 104 LIBRARY FUND 27,822.99 105 PARKS MAINTENANCE FUND 18,954.14 109 GAS TAXES FUND 4,400.43 111 P.O.S.T. FUND 1,811.53 120 PLAN CHECKING REVOLVING FUND 13,026.89 125 SEWER SERVICE FUND 16,822.05 154 STATE PUBLIC LIBRARY FUND 2,941.26 158 SWIMMING POOL REVOLVING FUND 886.20 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,233.09 172 TRASH RATE STABILIZATION FUND 1,719.44 173 NATIONAL SCHOOL DIST CONTRACT 513.33 174 SWEETWATER SCHOOL DIST CONTRAC 8,490.92 191 STOP PROJECT 800.71 212 PERSONNEL COMPENSATION FUND 7,868.59 230 ABANDONED VEHICLE ABATEMENT GRANT 2,968.49 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 246 WINGS GRANT 28,132.50 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 3,280.48 282 REIMBURSABLE GRANTS CITYWIDE 577.91 290 POLICE DEPT GRANTS 3,448.83 294 HUD HEALTHY HOMES GRANT 1,759.60 301 GRANT-C.D.B.G. 5,536.76 302 CDC PAYMENTS 36,896.23 307 PROPOSITION A" FUND 5,591.93 320 LIBRARY GRANTS 6,195.15 626 FACILITIES MAINT FUND 17,686.43 627 LIABILITY INS. FUND 51,862.86 628 GENERAL SERVICES FUND 4,462.47 629 INFORMATION SYSTEMS MAINTENANC 4,200.45 631 TELECOMMUNICATIONS REVOLVING 2,656.75 632 GENERAL ACCOUNTING SERVICES 14,378.40 643 MOTOR VEHICLE SVC FUND 11,779.14 Total 1,210,380.31 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE February 5, 2008 12 AGENDA ITEM NO. ITEM TITLE Warrant Register # 28 for the period of 01/02/08 through 01/08/08 in the Amount of $493,872.12 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-1331 Per Govemment Section Code 37208, attached are the warrants issued for the period of 01/02/08 through 01/08/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor County of SD, RCS Health Net Heartland Comm. Kaiser Foundation Check# 218628 218650 218655 218660 Amount Explanation 68,592.00 Principal/Interest 60,058.40 Health Ins. 50,362.56 Bear Com Cost 115,890.36 Emp. Ins. -Jan 08 2 CEnvironmental Review N/A MIS Approval Financial Statement Not applicable. >STAFF RECOMMENDATION Approved By. Finance Director Account No. Ratification of warrants in the amount of $ 493,872.12 BOARD / COMMISSION RECOMMENDATION 1. Warrant R ter #28 Vaae- ATTACHMENTS ( Listed Below ) Resolution No. L A-200 (Rev. 7/03) City of National City WARRANT REGISTER tt 28 1/8/2008 Payee Description chk no chk date amount ASSOCIATED TOWING COLORALI. TEC'IINOLOGIF.S NEW FLYER PARTS AMERIC'AN I IOMELAND SOLUTION AT&T/MCI AT&T'MC'I AT&T/MCT AYDELOTIE BECK BRAVO 'APE CALIFORNIA LAW ENFORCEMENT CAROL.INES FLOWERS CASA DEL. TACO CESNAUSKIIS CIIAN CIIELIUS CHILDREN'S HOSPITAL. C:INGULAR WIRELESS CLAIMS MANAGEMENT ASSOCIAT CORPORATE EXPRESS COUNTY OF SAN DIEGO, RCS COUNTY OF SD INVESTMENT (/URNOW D-MAX ENGINEERING INC ALEY & HEFT LLP TOWING MAINTENANCE KIT RAD TOI) REPAIR TUITION/ICS 300 & 400 PHONE C60 449-7549 NOV 07 PHONE 336 343-0986 1 2/'7; 07-01 /06.-08 ('HONE 619 474-8857 NOV 07 REIMB - REGIONAL. OFFICER TRAINING 125 PLAN REIMBURSEMENT CITATION DISMISSED FIRF'LTD JAN 2008 PD/LTD JAN 2008 FUNERAL FLOWER- M ATANGAN EMI) RECOGNITION BREAKFAST 125 PLAN REIMBURSEMENT RF.IMR - RECORDS CLERK COURSE SIIBSISTENCE/CA - POST CHILD SEXUAL, ABUSE EXAMS DATA CONNECTION-PD 1 I/21-12'20/07 CLAIM FOX/NC FINAL INV MOP 45704 OFFICE SUPPLIES PRINCIPAL & INTEREST FOR 07.108 SEMINAR ATTENDANCE CONDI 1("IOR- COMMUNITY CONCERT NOVI{MBER SERVICES 2007 CI AIM/L RAZO - C OF N(.' 218607 1/8/08 270.00 218608 1/8'08 450.00 218609 1/8/08 620.95 218610 1/8/08 9,345.00 218611 1/8/08 6,166.18 218612 1/8/08 2,799.22 218613 1/8/08 361.91 218614 1/8/08 68.40 218615 1/8/08 1,000.00 218616 1/8/08 330.00 218617 1/8108 656.00 218618 1/8/08 1.755.00 218619 1, 8. 08 108.75 218620 1 /8/08 1,869.66 218621 1/8/08 368.00 218622 1/8/08 82.90 218623 1/8/08 482.46 218624 1/8/08 1,889.00 218625 1/8/08 110.25 218626 1/8/08 637.00 218627 1/8/08 325.75 218628 1/8/08 68,592.00 218629 I/8/08 225.00 218630 1/8/08 1,253.59 218631 1/8/08 19,303.25 218632 1/8/08 1,988.74 1 City of National City WARRANT REGISTER # 28 1/8/2008 Payee DAI.EY & HEFT LLP DAPPER TIRE COMPANY DAVIES DELTA 1)ENTAL DEPARTMENT OF JUSTICE DIXIELINL LUMBER CO. DOUCE'El I'. ENVIRONMENTAL HAZARDS SERV EXPRESS TEI. FERNANL)O FERTITIA GFOA GIEDD GISI GONZALES GTC SYSTEMS, INC. HARRIS & ASSOCIATES HEALTH NET HEALTII NET HEALTH NET HEALTH NET HEALTH NET HEARTLAND COMM. FAC. AUTHOR IIORIZON HEALTII EAP INTERVIEWS & INTERROGATIONS IRON MOUNTAIN RECORDS JI{PFERSON PILOT FINANCIAL. Description C1..AIM/SWEETWATER IIIGII-C OF NC TIRES 125 I'LAN REIMBURSEMENT DENTAL INS JANUARY 2008 FINGERPRINTING FEES- NEW HIRES MOP #45707 PLUMBING SUPPLIES REIMB - DISCIPLINE CONFERENCE LEAD WIPE. SAMPLES ANALYZED LONG DISTANCE SVC 11/20-I2/20/07 REIMB - 11;1.FSTAFF TRAINING SUBSISTENCE -FIELD EVIDENCE TECH CD - ROM OR WR REIMB - RECORDS COURSE REIMB - REGIONAL OFFICER TRAINING REIMB - OCTS TASK FORCE NETWORK/SERVER SUPPORT NOVEMBER 2007 SERVICES HEALTH INS II0067A JAN 2008 HEALTII INS JAN 2008 57135J FIEAL D I-FI11.1. NETWORK 57135A RET INS/110067F JAN 2008 HEALTII RETIREES 57135F JAN 2008 BEAR COM PROJECTED COST. EMPLOYEE ASST PROGRAM TUITION: A CIIELIUS 2/11-2/13/08 DOCUMENT STORAGE LIFE STD LTD JANIJARY 2008 chk no chk date amount 218633 1..8/08 700.90 218634 1/8/08 924.50 218615 1/8/08 87.80 218636 1/8/08 15.129.03 218637 1/8/08 243.00 218638 1/8108 1,584.36 218639 1/8/08 112.00 218640 1/8/08 102.00 218641 1/8/08 155.40 218642 1/8/08 83.30 218643 1/8/08 1,623.30 218644 I'8/08 98.0 218645 1/8/08 103.66 218646 1/8/08 68.40 218647 1/8/08 229.64 218648 1/8/08 1,636.22 218649 1/8/08 8,125.28 218650 1/8/08 60,058.40 218651 1/8/08 950.10 218652 1/8/08 13,327.31 218653 1/8/08 2,561.84 218654 1/8/08 555.29 218655 1/8/08 50,362.56 218656 1/8/08 862.78 218657 1/8/08 184.00 218658 1/8/08 163.47 218659 1/8/08 12,391.2 2 City of National City WARRANT REGISTER # 28 1/8/2008 Pavice KAISER FOUNDATION HEALTH P1.A KAISER FOUNDATION HEALTH PIA METRO WASTEWATER .IPA MORA NEXUS INTEGRATED SOLl1TIONS POSITIVE PROMOTIONS RICK ALBA APPRAISAI. SERVI(:F. ROJAS S.D. COUNTY SHERIFF'S DEPT. SAN DIEGO MIRAMAR COLLEGE SAN I)IEGO MIRAMAR COLLEGE. 1NCIIEZ SDG&E SUN BADGE COMPANY INC. SUN TRUST SWRCB ACCOUNTING OFFICE TEAM REPROGRAPHICS TIIOMSO,N IIEALI'11CARE DMS INC 11.S 11ANK CORPORATE PAYMENT S UNION TRIBITNE PIJJ3LISI LING CO UNITED PARCEL, SERVICE VANCI VERI7,ON WIRELESS W 1:13STER WFBSTI. .R KAISER INS ACTIVE JANUARY 2008 KAISER RET INS JAN 2008 Description chk no 218660 1/8/08 218661 118/08 CV MEMBERSHIP IN IPA METRO 125 PLAN REIMBURSEMENT PHONE MAINTENANCE/SVC GIVEAWAY ITEMS FOR VOLUNTEERS APPRAISAL REPORT 125 PLAN REIMBURSEMENT CAL -ID PROGRAM COSTS TUITION-1 CAMACHO TUITION- S SHEPIIARD 125 PLAN REIMBURSEMENT FACILITIES DIVISION RL•PAIR RENUMBER BADGES 218673 NEW FIRE T'RUCKttI LEASE PMT#47 HIJD#525 218674 ANNUAL FEE 7/1!07 6/30/2008 COPIES DRAINAGE STUDY 2(108 EDITION PDR CREDIT CARD FEES ADVERTISING FOR LEGAL NOTICES 1JPS SiIIPMFN'F CI .AIM/I, RA/0 CITY CELL PHONES 11(22-12/21/07 CITATION REIMBURSEMENT CITATION DISMISSED 218662 218663 218664 218665 218666 218667 218668 218669 218670 218671 218672 218675 218676 218677 218678 218679 218680 218681 218682 218683 218684 chk date amount 115,890.36 5.311.96 I/8/08 2Th5.00 1/8/08 1.246.71 1 /8/08 96.00 1/8/08 249.85 I/8/08 176.00 1/8.'08 69.16 I18/08 8,851.00 1 /8//08 210.00 I/8/08 30.00 1/8/08 177.52 1/8/08 24,300.13 1/8/08 41.80 1/8/08 5,009.63 1/8/08 4,6`76.00 1/8/08 173.60 1/8/08 59.95 1/8/08 21.17 1/8/08 1.212.10 I/8/08 24.00 1/8/08 1,345.00 1/8./08 4,108.51 1 /81108 180.00 1 /8/08 50.00 Total S 469,748.25 Norkers compensation checks City of National City WARRANT REGISTER # 28 1/8/2008 Payee Description chk no chk date amount 14339 1/2/08 370.00 14340 1/2/08 400.00 1.4341 1/2/08 506.00 14342 112/08 400.00 14343 1/2,08 440.00 14344 1 ,'2/08 460.00 14345 1/2/08 32.30 14346 1/ 3;08 18.55 14347 1/4/08 98.59 14348 1/4/08 391.00 14349 1/4/08 72.14 14350 1/4/08 1,215.1 14351 114'08 25.99 14352 1/7/08 1,312.00 14353 1/7/08 45.81 14354 1 /7'08 10.18 14355 1/7/08 104.67 14356 1/7,/08 74.80 14357 1/7/08 1,821.68 14358 1/7/08 80.61 14359 1/7/08 133.57 14360 1/7/08 168.70 14361 1/7/08 56.53 14362 1/8/08 658.09 14363 1/8/08 9,765.20 14364 1/8/08 3,680.27 14365 1/8/08 617.7 4 City of National City WARRANT REGISTER t; 28 1/8/2008 Payee Description chk no chk date amount 14366 1/8/08 66.68 14367 1/8/08 597.63 14 368 1 /8/08 408.26 14369 1/8/08 91.75 (,rand Total 493,872.12 5 City of National City Warrant Register # 28 1/8/2008 001 GENERAL FUND 355,055.82 105 PARKS MAINTENANCE FUND 344.04 111 P.O.S.T. FUND 944.14 125 SEWER SERVICE FUND 26,734.25 212 PERSONNEL COMPENSATION FUND 0.00 282 REIMBURSABLE GRANTS CITYWIDE 9,345.00 294 HUD HEALTHY HOMES GRANT 102.00 301 GRANT-C.D.B.G. 5,183.23 302 CDC PAYMENTS 15,365.16 320 I._IBRARY GRANTS 249.85 552 TDA 1,340.95 626 FACILITIES MAINT FUND 24,038.83 627 LIABILITY INS. FUND 28,971.51 628 GENERAL SERVICES FUND 948.50 629 INFORMAL ION SYSTEMS MAINTENANC 1,636.22 631 TELECOMMUNICATIONS REVOLVING 13,797.47 632 GENERAL ACCOUNTING SERVICES 199.00 643 MOTOR VEHICLE SVC FUND 21.51 724 COBRA/RFTIREE INSURANCE 9,594.64 Total 493,872.12 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING NATIONAL CITY FIRE STATIONS #31 AND #34 AS SAFE HAVEN SITES UNDER THE SAFELY SURRENDERED BABY LAW. PREPARED BY Walter Amedee OP- DEPARTMENT (Ext. 4556) EXPLANATION Infant abandonment is an event that does not occur very often, but when it does, it often results in serious injury or death. In 2001, SB1368 became law and established the Safely Surrender Baby program. The purpose of the law is to encourage parents to bring unwanted infants, up to three days old, to reception centers such as hospitals or fire stations, rather than abandon them in dumpsters or bushes. No names are required and the parent(s) will not be subject to prosecution for child abandonment. The baby will receive needed medical treatment and be placed in an adoptive home. There is a mechanism for parents to reclaim the infant within 14 days if deemed appropriate by Child Welfare Services. The Safely Surrendered Baby law established hospitals as safe haven sites and allowed the Counties to designate other facilities, such as fire stations, as safe haven sites. On December 11, 2007, the San Diego County Board of Supervisors approved the designation of fire stations that are staffed full-time as safe haven sites. Fire stations are located in the communities where people work and live, and fire stations have always been thought of as places where people can go to get help. A local fire station can be less intimidating than a hospital. Statewide 182 newborns have been safely surrendered in Califomia since the law was enacted. Unfortunately, infants continue to be illegally abandoned resulting in injury and death. In north San Diego County, two abandoned infants have been found dead in the past two years. It is frightening to consider how many abandoned infants were never found. The opportunity of hope for a potentially abandoned infant that a fire station safe haven provides is well worth the minimal cost and effort. Training and materials will cost th City under $300. Environmental Review N/A Financial Statement Minor impact; training and materials will cost under $300. Approved By: nance Director Account No. 001-412-125-399-0000 STAFF RECOMMENDATION Staff recommends that the Council adopt the attached resolution designating National City Fire Stations #31 and #34 as Safe Haven Sites under the Safely Surrendered Baby law. BOARD / COMMISSION RECOMMENDATION IATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING NATIONAL CITY FIRE STATIONS #31 AND #34 AS SAFE HAVEN SITES UNDER THE SAFELY SURRENDERED BABY LAW WHEREAS, SB1368, the Safely Surrendered Baby Program, became California State law in 2001; and WHEREAS, Governor Schwarzenegger signed legislation October 7, 2005 extending the Safely Surrendered Baby Law permanently beginning January 1, 2006; and WHEREAS, the Safely Surrendered Baby Program allows parents to surrender unwanted infants that are less than three days old to employees at designated facilities safely, confidentially, and without fear of prosecution; and WHEREAS, the County of San Diego has authorized fire stations that are staffed full lime to be designated as Safe Surrender Sites; and WHEREAS, the Safely Surrendered Baby law provides a safe alternative to desperate mothers who are unwilling or unable to keep their babies; and WHEREAS, a parent or person with lawful custody has up to 14 days from the time of surrender to reclaim their baby; and WHEREAS, as of January 2007, 182 newborns have been safely surrendered in California; and WHEREAS, an infant abandoned in a dumpster, alley or similar location has a low probability of survival; and WHEREAS, two abandoned infants have been found dead in north San Diego County in the past two years; and WHEREAS, a local fire station may provide a less intimidating alternative than a hospital for a frightened and desperate parent and offers an endangered infant a chance for survival; and WHEREAS, the training and materials necessary to designate National City fire stations as Safe Surrendered Sites will cost no more than $300.00; and WHEREAS, sufficient funds have been appropriated and are available for designating National City Fire Stations as Safe Surrender Sites. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Manager or his designee is hereby authorized and directed to engage in the above -described program for the National City Fire Department. 1. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to expend the not -to -exceed sum of $300.00 for said program. -- Signature Page to Follow — Resolution No. 2008 -- February 5, 2008 Page 2 PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 14 ITEM TITLE Resolution Denying a Conditional Use Permit for a Wireless Communications Facility at 1548 Highland Avenue. Applicant: SprintlNextel — Anne Wulftange. Case File No. 2007-20 Cl1P (APN 560-131-19) PREPARED BY EXPLANATION The City Council took action at the public hearing held on January 22, 2008 to deny this Conditional Ilse Permit. This Resolution will finalize that action. Michael Fellows, 336-4315 DEPARTMENT Planning Environmental Review _N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION �c Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT PLAZA DONUTS AT 1548 HIGHLAND AVENUE (APN: 560-131-19) APPLICANT: SPRINT NEXTEL CASE FILE NO. 2007-20 CUP WHEREAS, the appeal to the City Council of the Planning Commission's denial of a Conditional Use Permit application (2007-20 CUP) for a wireless communications facility at Plaza Donuts located at 1548 Highland Avenue was considered by the City Council of the City of National City at a public hearing held on January 22, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2007-20 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the testimony and evidence presented to the City Council at the public hearing held on January 22, 2008, fail to support findings required by the Municipal Code for granting any conditional use permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on January 22, 2008, supports the following findings: 1. That the proposed use will have an adverse effect upon the existing use by limiting access to the building for deliveries because the proposed project would relocate parking for the tenant including the loading area, other adequate parking within close proximity to the loading dock is not available, and the overall parking would be reduced and negatively impacted due to the reconfiguration because loading and deliveries would occur in the parking lot area, blocking traffic flow and parking access. That the close proximity of the equipment shelter to the rear door of the building (within 10 feet) will create constant noise and vibration which will be detrimental to the operation of the donut shop and the comfort of the patrons since the door is frequently open to allow for necessary ventilation. The relocation of the trash enclosure closer to the rear door would create the potential for negative odors to enter the food service facility. Resolution No. 2008 — February 5, 2008 Page 2 The installation of the wireless facilities and the improvements to the site will necessitate the existing tenant to discontinue operation for an unspecified period of time which would be detrimental to the small business owner, would severely impact the ability to continue operation, and an unused building may attract criminal activity. 5. The proposed use may limit the opportunity for future redevelopment of the site by restricting the area available for site improvements since a portion of the site would be committed to a long-term lease for a use not in furtherance of General Plan goals. The proposed use has not been determined to be essential and desirable to the public convenience or welfare because it has been documented that only one other site was explored and other sites that would provide comparable service coverage have not been adequately explored. BE IT FURTHER RESOLVED that the City Council denies Conditional Use Permit Application No. 2007-20 CUP. 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 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE February 5, 2008 AGENDA ITEM NO. 15 (ITEM TITLE Resolution of the City of National City requesting SANDAG to provide advanced funding through debt financing for resurfacing street improvements in the amount of $4,500,000 and authorizing the City Manager to execute a Memorandum of Understanding between the San Diego Association of Govemments and the City of National City PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. 1 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The advanced funding will be effective upon SANDAG's completion of the MOU execution and reflected in the City's CIP (08-09). Account No STAFF RECOMMENDATION Adopt the Resolution, direct a City Clerk t ct,the Res, u ion to the signed MOU, and submit it to SANDAG for its execution. BOARD / COMMISSION R 0 MEDATIOIN / N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. MOU l A-200 (Rev 7/03) EXPLANATION: Background In November 1987 and 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure (Proposition A). City of National City has been receiving an estimated $1,000,000 in revenues annually from these Sales Tax Funds (TransNet). These revenues have been used to resurface the city streets as well as repair curbs, gutters, sidewalks, driveways, pedestrian crossings and provide traffic stripping and signage. The City of National City has 217 lane miles of street. On the average the City resurfaces approximately 3 lane miles of streets each year. At this rate, the City cannot keep up with the resurfacing needs of the City streets. Moreover, any deferred repair and resurfacing, lead to much higher repair costs in the future. Implementation of a large resurfacing program at this time allows National City to not only avoid tremendously higher future repair costs (due to worsening pavement conditions as well as escalating construction costs), it also allows us to take advantage of better bid prices in a slow construction market. $6.5 million resurfacing program The Engineering Department is gearing up to implement an approximately $6.5 million resurfacing program for the City of National City in 2008. The estimated $6.5 million consist primarily of a $4.5 million from Transnet short term debt in addition to using another approximately $2 million that consist of a variety of other funding sources as follows: Estimated Funds Available for Street Resurfacing (08-09) TRANSNET (June 2008) $257,000 Gas Tax (08-09) $338,000 CIWMB Grant (Chip Seal) $150,000 CIWMB Grant (Overlay) $150,000 Proposition 1 B $982,000 TRANSNET Financing (August 2008) $4,500,000 Total $6,377,000 SANDAG Transnet Short Term Debt The San Diego Association of Governments (SANDAG) has a debt financing program that allows the cities to receive advanced funding for their transportation projects. In order to obtain these funds a request to SANDAG must be processed through a Council Resolution for the debt financing. In 2005, City of National City received $3 million through the same mechanism. At this time, we are requesting that the Council approve a new $4.5 Million program in debt financing in order for the City to be able to keep its resurfacing effort and keep that the integrity of the City infrastructure. SANDAG's Interest & Administration Costs and City's Payment Responsibilities The City of National City will be responsible for repayment of the debt in the next 5 years. The City must also pay for its proportional share of the cost of the annual interest and administrative costs of the commercial paper. SANDAG will deduct the principal, interest and proportionate administrative costs from the City of National City monthly TransNet Sales tax allocations prior to making any other sales tax payments for other City of National City projects. There will be some remaining TransNet funds after the payments each year. The remaining funds will be used for other transportation projects in the City. Street Conditions and Program Implementation The existing pavement conditions in the City neighborhood streets have been rapidly deteriorating in the past few years. Using this funding program is a good opportunity to resurface a large number of street sections in one year. The long term cost savings in doing a large scale program at one time will more than compensate for the interests and other costs paid on the debt. Compilation of Street Resurfacing List Engineering Staff is working to identify sections throughout the City and along neighborhood streets. In that effort, the Department is using the Pavement Condition Index (PCI) as established in the "2003 Pavement Management Program Update" study as well as visual inspections and other reports. This PCI is a numerical value assigned to a pavement section based on its condition. The project will use Rubberized Asphalt Concrete (RAC) which offers a number of benefits compared to conventional asphalt concrete paving. These benefits include longer service life, dark color retention, and significantly reduced road noise due to vehicular traffic. RAC is more resistant to cracking and lowers maintenance costs. It is also safer by providing superior wet traction and greater skid resistance. Moreover, RAC is a far superior product from an environmental stand point as it uses used recycled rubber as a primary material source and as such contributes to the recycling effort. Project Schedule It is expected that the project will begin construction in August 2008. Staff Recommendation Engineering Staff recommends that this TransNet Debt Financing Resolution be adopted. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING SANDAG, THROUGH ITS TRANSNET COMMERCIAL PAPER PROGRAM, TO PROVIDE ADVANCED FUNDING THROUGH DEBT FINANCING FOR IMPROVEMENTS ON THE NATIONAL CITY STREET RESURFACING PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SANDAG TO MEMORIALIZE THE TERM OF THE ADVANCED FUNDING WHEREAS, SANDAG, acting as the San Diego County Regional Transportation Commission, is responsible for the administration of the TransNet program (Proposition A, November 1987 and November 2004); and WHEREAS, to accelerate the implementation of sales tax funded projects, SANDAG has established debt financing programs to provide advanced funding for eligible projects under the TransNet program; and WHEREAS, the following project being implemented by the City of National City have been approved by SANDAG through the 2008 TransNet Program of Projects and would benefit from the availability of advance funding: NATIONAL CITY STREET RESURFACING PROGRAM, which requires an amount of $4,500.000 (Four million five hundred thousand dollars) in debt financing. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That the City Manager is hereby authorized to request advance funding from SANDAG through its debt financing program in an amount not to exceed $4,500,000 (Four million five hundred thousand dollars). 2. That the City Manager is hereby authorized to execute the Memorandum of Understanding between the City and SANDAG regarding the TransNet Commercial Paper Program, and any other necessary documents relating to the receipt of said funds from SAN DAG. 3. That the City of National City will be responsible for paying its proportionate share of the annual interest and administrative costs of the commercial paper based on the ratio of the amount of financing provided to the City of National City to the total commercial paper outstanding for each fiscal year. 4. That SANDAG will deduct said interest and administrative costs from the City of National City monthly TransNet Sales tax allocations prior to making any other sales tax payrnents for other City of National City projects. 5. That the City of National City will repay to SANDAG the principal amount borrowed according to the schedule set forth in Attachment "A". If paid from future sales tax revenues, these principal payments will be deducted by SANDAG from City of National City's monthly TransNet sales tax allocations prior to making any other sales payments for other City of National City's projects. Resolution No. 2008 -- February 5, 2008 Page 2 6. That the first priority use of the City of National City's annual allocation of TransNet revenues shall be payment of any required costs of debt financing. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey Attachment A National City $4.5M Commercial Paper Request FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 Beginning Balance (est) 1,549,669 1,705,169 1,914,669 2,191,169 2,537,669 Allocations 1,258,000 1,312,000 1,379,000 1,449,000 1,515,000 CP Proceeds 4,500,000 CP Principal Repayment (900,000) (900,000) (900,000) (900,000) (900,000) CP Interest/Other Fees (202,500) (202,500) (202,500) (202,500) (202,500) CP Disbursement (4,500,000) Ending Balance $1,705,169 51,914,669 52,191,169 $2,537,669 $2,950,169 Notes: 1. Assumes no other project expenditures from the TransNet prograrn over through FY2013 2. Estimated revenues based on Jan. 2008 projections for the next 5-years, 3. Beginning balance for FY2009 estimated based on latest payment schedule MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATIONAL CITY REGARDING TRANSNET COMMERCIAL PAPER PROGRAM This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of , 2008, by and between the San Diego Association of Governments ("SANDAG") and the City of National City ("City"). RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, the City of National City wishes to borrow $4,500,000 from the TransNet Commercial Paper program; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above; AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: Acting as the San Diego County Regional Transportation Commission, SANDAG is responsible for the administration of the TransNet program (Proposition A, November 1987 and 2004). In order to accelerate the implementation of sales tax funded projects, SANDAG has established a commercial paper program to provide advanced funding for eligible projects under the TransNet program. SANDAG approved the use of advanced funding for the Street Resurfacing Program for the City of National City as part of the approval for Amendment No. to the 2008 RTIP on July 25, 2008. SANDAG will transfer the funds to the City upon execution of this MOU. Neither the City nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. 1 C- /0229 (Rev 09(05) THE CITY AGREES: The City Council at its February 5, 2008 meeting approved the request to borrow $4,500,000 of advanced funding through debt financing for its Street Resurfacing Program. The City will pay its proportionate share of the annual interest and administrative costs of the commercial paper program based on the ratio of the amount of financing for each fiscal year. The City acknowledges that SANDAG will deduct said interest and administrative costs from the monthly TransNet Sales tax allocations prior to making payments to the City for other programmed projects. The amounts to be deducted are estimated in the City Council Resolution hereto. The City will repay the principal amount borrowed in equal installments of $1,000,000 each fiscal year beginning in FY 2009 and ending in FY 2013 (as shown in City Council Resolution attached). Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the City shall fully defend, indemnify and save harmless SANDAG, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this MOU. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2 Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Attn: Director of Finance For City of National City 1243 National City Blvd National City, CA 91950 Attn: City Manager 3 That unless it is amended by the parties in writing, this MOU shall terminate on June 30, 2013. 4. The indemnification provisions of this MOU shall survive termination of the MOU. 5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego. State of California. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto. and each of their respective heirs, executors, administrators, successors, and assigns 2 C-70229 (Rev 09/05) 7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU. 10. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF CITY OF NATIONAL CITY GOVERNMENTS GARY L. GALLEGOS Executive Director CHRIS ZAPATA CITY MANAGER APPROVED AS TO FORM: APPROVED AS TO FORM' Office of General Counsel Legal Counsel 3 C-70229 (Rev 09/05) City of National City, California COUNCIL AGENDA STATEMENT 16 IEETING DATE February 5, 2008 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City Adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to provide advanced funding through debt financing for street pavement, sidewalk, curb and gutter, and miscellaneous concrete improvements in the amount of $4,500,000 for fiscal year 08-09 PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director N/A Account No STAFF RECOMME ATION Adopt the Reso !�l B • ARD / C MMIS N ECOMMEDATION ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amended RTIP Project Track Form SC A.200 (Re:. 7/03) EXPLANATION: Engineering staff is recommending that the City approve an amendment to the RTIP requesting an advance in TransNet revenues from 2008-2013 for use in fiscal year 08-09 for the National City Street Resurfacing Program. This request for advancement of tax revenues from SANDAG is being done through a City Council Resolution with funds being obtained through debt financing for improvements related to the National City Street Resurfacing Program. This Council Resolution is in conjunction with another resolution of the City of National City, scheduled for tonight's meeting, requesting SANDAG to provide advanced funding through debt financing for resurfacing street improvements in the amount of $4,500,000 and authorizing the City Manager to execute a Memorandum of Understanding between the San Diego Association of Governments and the City of National City The National City Street Resurfacing Program includes the resurfacing with rubberized asphalt pavements. Other work included in this program is concrete curbs and gutters, sidewalks, pedestrian ramps, driveways and cross gutters removal and replacement. RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) OF SANDAG TO PROVIDE ADVANCED FUNDING THROUGH DEBT FINANCING FOR STREET PAVEMENT, SIDEWALK, CURB AND GUTTER, AND MISCELLANEOUS CONCRETE IMPROVEMENTS IN THE AMOUNT OF $4,500,000 FOR FISCAL YEAR 2008-2009 WHEREAS, the City Engineer is recommending that the City amend the Regional Transportation Improvement Program (RTIP), requesting an advance in TransNet revenues from 2005-2008 for use in fiscal year 2008-2009 for the National City Street Resurfacing Program; and WHEREAS, the National City Street Resurfacing Program includes the resurfacing with rubberized asphalt pavements; and WHEREAS, other repairs included in this program are concrete repair to curbs and gutters, sidewalks, pedestrian ramps, driveways and cross gutters removal and replacement; and WHEREAS, this request for advancement of tax revenues from SANDAG is being done through a City Council Resolution with funds being obtained through debt financing for improvements related to the National City Street Resurfacing Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the Regional Transportation Improvement Program of SANDAG to provide advanced funding through debt financing for street pavement, sidewalk, curb and gutter, and miscellaneous concrete improvements in the amount of $4,500,000 for fiscal year 2008-2009. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ili City Attorney ProjectTrak - Project View VAIN MCNyi > PROJLCI SEARCH > PROJECT INFO VlE.n PREVIOUS VERSIONS OF THIS PROIF CT Page 1 of 2 GY,ANGF PASSWORD I LSO_UT I SASJDAC SAN OIEGO ASSOCIATION OF GOVERNMENTS MPO ID: NC03 VERSION' 5 Bite: 06-13 COMP1ET10N YEAR: FY 2025 CTIPS_ID: 21000000404 PPNQ n/a 8J1PSTATE APPROVED: TOTAL COST $14,194,000 SANDAG ID: n/a E&NIJAMBER; n/a RTIP FEDERAL APPROVE DATE: OBLIGATED COST $0 LAST PAYMEN7..REQUESTED Byi Alberto Griego (7/24/2007) LAST MODIFIED BY; Alberto Griego (1/23/2008) HISTORY EXFMPT CATFQORY SIAI US CAPACITY STATI•S I !IMP SUM LUMP SUM NAML In Progress NCI No Safety it Pavement resurfacing and/or rehabilitation. FSO,IFCT TIT( F ii't r)AIWFD ISO MIMCNTS r OIACRAMS, Street Resurfacing Project TRANSSY,-TTrM PROJECT IYPF ICM ITS Local Local Streets and Roads - Other Local Street & Road NO NO OT DISTRICT LEbDAGEN Y COMPLETION YEAR 11 National City, City of FY 2025 ASSEMBLY HI HW Y NUMBER BRIDGE NIIMBEI3 BIO.MITIGATION ASSEMBLY UISI RMGT 79 NO PROJECT DESCRIPTION Various locations - construct and overlay streets PROGRAMMED RLVENUE FISCAL YEAR FUND IYPt (FROGRAMMF n RFVFNUE_SOIIRCE) LNY/tNG5 ROW CONSTRUCTION IO(9L FY 2004 Loc Funds - City runds $0 SU $2,700,000 52,700,000 FY 2004 TransNet - local Streets and Roads $0 SO $1,032,000 51,032,000 FY 2005 TransNet - Local Streets and Roads $0 $0 - $824,000 $824,000 FY 2006 I nc Funds • City funds $0 SU 5266,000 5766,000 FY 2006 TransNet - Lor:al Streets and Roads $0 $0 $3,000,000 53,000,000 FY 2007 Loc Funds - City Funds SO SO $771,000 $271,000 lY 200/ TransNet - Iocal Streets and Roads 50 $0 $618,000 $618,000 FY 2008 Loc Funds - City Funds • S0 $0 5277,000 5277,000 FY 7008 TransNet - Local Streets and Roads $0 SO 55,706,000 55.206,000 TOTAL 50 50 S14,194,000 S14,194,000 TRANSNET PAYMENTS -FY07 & FY08 TRANSACT PROGRAM SOURCF RECIPIENJ FAYMrNT PATE FAYM-EL{LAMO ITT TransNet tocal Streets and Roads Sales Tax National City, City of JAN 2005 $477,941 (ransNet - Local Streets and Roads Sales lax National City, Clty of FEB 2005 $65,000 TransNet - Local Streets and Roads Sales Tax National City, City of MAR 2005 585,000 TransNet Loral Streets and Roads Sales Tax National City, Crty of APR 7005 545,000 IransNet - Local Streets and Roads Sales Tax National City, City of MAY 2005 565,000 TransNet - local Streets and Roads Sales Tax National City, City of SUN 2005 585,000 SUBTOTAL FYOS $822,941 TransNet - Local Streets and Roads Commercial Paper National City, City of OCT 2005 53,000,000 SUBTOTAL FYO6 $3,000,000 1 ransNet - Local Streets and Roads Sales lax National City, Clty of NOV 2006 $25,000 Tr rmNet • I ocal Streets and Roads Sales Tax National City, City of DEC 2006 570,000 I ransNet - Loral Streets and Roads Sales fax National City, City of JAN 2007 15,000 TransNet - Local Streets and Roads Sales Tax National City, City of FEB 2007 575,000 TransNet Loral Streets and Roads Sale, Tax National City, City of MAR 2007 $55,000 IransNet - Local Streets arid Roads Sales Fax National City, City of JUN 2007 $5,000 SUBTOTAL FY07 $185,000 T16111041A • Loral Streets and Roads Sales Tax National City, City of SFP 7007 $1/,917 I ransNet - Local Streets and Roads Sales lax National City, City of NOV 2007 $13,807 TransNet - Local Streets and Roads Sales Tax National City, City of DEC 20U7 54,608 IransNel - Loral Streets and Roads Sales Fax National City, City of 111N 7008 5256,804 SUBTOTAL FY08 $293,138 TOTAL 54,301,079 MPO COMMENTS RTIP VFRSION COMMENTS nf>- 5 1.3 Revise 'unduly " Advance. money in tt,e amount of 54.500 030 is requested stalling August. 2008. Carry over From 04•07. Revise Funding'• Modified Local Funds plus Gas Tax Funding 08 For FY 2006I oral Funds are 52ti0k for Gas lax. for FY 20071 mot Fur 1s ere 5271K for Gas Tax and 5111 K from Tinnsriet per local revenues tables and 4 funds 00 TransNet Revenue Forecasts (2/16/06), for FY 2n08 Local are 52/ik for Gas Tax and $532k from TransNet per local revenue tables acid TransNet Revenue Forecasts (2/16/06) http://65.74.134.82/project_info.asp'?project id—NC03&version5 1/29/2008 City of National City, California COUNCIL AGENDA STATEMENT EETING DATES 02-05-08 AGENDA ITEM NO. 1•7 ITEM TITLE Resolution of the City Council of the City of National City Authorizing a One-time Performance and Retention Incentive Payment of Up to Five Percent to Employees in the Executive and Management Groups in Lieu of Increases in Base Salary, and Approving a Transfer of Funds Not to Exceed $145,300 From the Undesignated Fund Balance Account to the Personnel Compensation Account to Fund Said Pa PREPARED B�(/ DEPARTMENT Stacey Steven. on (3 3 Human Resources Director EXPLANATION In recent years, in keeping with the City's goal of fiscal sustainability, the City Manager has frozen the salaries of the 33 employees categorized as managers and executives. In lieu of increases to base salary, individuals in these two categories were granted one-time retention incentive bonuses in calendar years 2006 and 2007. In doing so, the City is able to stay competitive with the local market, and thus minimize turn -over, without incurring the long term costs that come with increasing base salary (i.e. increased pension obligation). Last year, managers, as a group, were awarded five percent (5%) of base salary; and executives, as a group, were awarded six percent (6%). This year, both managers and executives are eligible to receive up to five percent (5%) at the discretion of the City Manager. With this item, the City Council allocates the funds in an amount not to exceed $145,300 for the award of said performance retention incentive bonuses. Environmental Review ✓ N/A Financial Statement Monies for this purpose are available in the General Fund—Undesignated Fund Balance (001-2501). Funds for this purpose will be transferred from the Undesignated Fund Ralancc to the Personnel Compensation Account (212-409-000-199). Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD I COMMISSION RECOMMENDATION N!A ATTACHMENTS ( Listed Below) Resolution No. Resolution L. A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A ONE-TIME PERFORMANCE AND RETENTION INCENTIVE PAYMENT OF UP TO FIVE PERCENT TO EMPLOYEES IN THE EXECUTIVE AND MANAGEMENT GROUPS IN LIEU OF INCREASES IN BASE SALARY, AND APPROVING A TRANSFER OF FUNDS NOT TO EXCEED $145,300 FROM THE UNDESIGNATED FUND BALANCE ACCOUNT TO THE PERSONNEL COMPENSATION ACCOUNT TO FUND SAID PAYMENT WHEREAS, in recent years, in keeping with the City's goal of fiscal sustainability, the City Manager has frozen the salaries of the 33 employees categorized as managers and executives; and WHEREAS, in lieu of increases to base salary, individuals in these two categories were granted one-time retention incentive bonuses in calendar years 2006 and 2007. In this way, the City is able to stay competitive with the local employment market, and thus minimize turn -over, without incurring the long term costs that come with increasing base salary (e.g., increased pension obligation); and WHEREAS, last year, managers, as a group, were awarded one-time performance and retention incentive payments of five percent (5%) of base salary, and executives, as a group, were awarded six percent (6%). The year, it has been proposed that both managers and executives receive up to five percent (5%) at the discretion of the City Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize a one-time performance and retention incentive payment of up to five percent (5%) to employees of the Executive and Management Groups in lieu of increases in base salary, at the discretion of the City Manager. BE IT FURTHER RESOLVED that the City Council hereby authorizes the following transfer of funds: FROM: Account No. 001-2501 Undesignated Fund Balance TO: Account No. 212-409-000-199 Personnel Compensation Account TOTAL AMOUNT: Not to exceed $145,300 PURPOSE: To fund a one-time performance and retention incentive payment of up to five percent (5%) of base salary to employees of the Executive and Management Groups, at the discretion of the City Manager -- Signature Page to Follow -- Resolution No. 2008 - February 5, 2008 Page 2 PASSED and ADOPTED this 5th day of February 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE February 5, 2008 AGENDA ITEM NO. 18 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING PAYMENT OF A ONE-TIME PERFORMANCE AND RETENTION INCENTIVE OF $9,000 TO THE CITY ATTORNEY IN LIEU OF AN INCREASE IN BASE SALARY PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney It is the current practice of the City that any adjustment to executive employee compensation be made by payment of a one-time performance and retention incentive. Pursuant to said practice; it has been proposed that there be a payment of a one-time performance and retention incentive of $9,000 to the City Attorney. This action would be approved by adoption of the attached resolution. Environmental Review N/A Financial Statement Funds are available Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING PAYMENT OF A ONE-TIME PERFORMANCE AND RETENTION INCENTIVE OF $9,000 TO THE CITY ATTORNEY IN LIEU OF AN INCREASE IN BASE SALARY WHEREAS, it is the current practice of the City that any adjustment to executive employee compensation be made by payment of a one-time performance and retention incentive; and WHEREAS, pursuant to said practice; it has been proposed that there be a payment of a one-time performance and retention incentive of $9,000 to the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves payment of a one-time performance and retention incentive of $9,000 to the City Attorney. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 19 MEETING DATE February 5, 2008 AGENDA ITEM NO (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2007-2008 MID -YEAR BUDGET 1 CHANGES PREPARED BY Jeanette Ladrido, CPA DEPARTMENT Finance Finance Director 336-4331 EXPLANATION In June 2007, the City Council adopted a budget for FY 2007-2008. As in each budget year, staff must make revisions to the original budget due to changes in the economy, operating needs, laws and regulations, etc. As part of the mid -year review, the Finance Director projected the City's revenues and expenditures to what it could be at June 30, 2008. The Finance Director and Financial Services Officer met with each department, discussed the financial projections and took into consideration their needs to adjust their departmental budget. The Finance Director summarized the revisions and brought them forward to the City Manager's Office for final approval. Attached is the summary of the changes to the FY 2007-2008 budget for City Council review and approval. Environmental Review Financial Statement Any mid -year changes approved by the City Council will amend the FY 2007-2008 Budget accordingly. Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A 1TTACHMENTS 1. Resolution 2. Summary of FY 2007-2008 Mid -Year Budget Changes A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2007-2008 MID -YEAR BUDGET CHANGES WHEREAS, in June 2007, the City Council adopted a budget for FY 2007-2008 that was modeled on the FY 2006-2007 budget with minor modifications; and WHEREAS, due to changes in the economy, operating needs, laws and regulations, adjustments to revenue and expenditure budgets would be made at mid -year review; and WHEREAS, the Finance Director and Financial Services Officer met with each department, discussed financial projections and departmental budgetary needs, and forwarded recommendations to the City Manager; and WHEREAS, the City Manager has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the FY 2007-2008 mid -year budget changes, attached hereto as Exhibit "A". PASSED and ADOPTED this 5' day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MID -YEAR BUDGET ADJUSTMENTS FY 2007-2008 Account EXHIBIT "A" Page 1 of 2 Amount Description 001-General Fund 001-00000 3010 001-00000-3011 001-00000-1012 001-00000 3015 001-00000 3016 001-00000 1114 001-1413.5-3569 TOTAL. GENERAL FUN') CITY OF NATIONAL CITY REVENUE (1,583,225) Decrease Saks Tax estimate 310,184 Property Tax in Lieu of Sales Tax updated provided by the County of SD 306,452 Property Tax in Lieu of VLF" provided by the County of SD 300,000 Decrease District Tax estimate 34,100 AB1290 Property Tax Pass' Through Payment (CDC) 175,000 AT & T lease Transit 13uildtng (effective 10/27/0') (65,000) Percentage of Parking Revenue that is due to County of SD (522,489) 191-STOP PROJECT 191-00000 1550 68,934 Impound fees reimburse the project expenditures Any costs above fee revenue is 302-CDC Reimbursement 302 00000 3455 307-Proposition A Fund 307-00000-3466 TOTAL ALL FUNDS 001-General Fund Planning 001 406 000-260-0000 Non -Departmental 001-409-000-292-0000 001-409-000-650-9015 Police 001 411.0011-318-0000 001 411 000-470-0000,/480 1)000 001 411-137-292-0000 Fire 001 412 125-299-0000 001 412 12 5 - 4 70.0000 / 4 80 - 0000 68,934 covered by the General Fund 56,525 reimbursement for eligible City Services 05,000) 000) Revenue anticipated to be lower duc to decreased sales tax ( SANDAL) (488,555) EXPENDITURES 4,1tn0 Effective 1/11/08 , CEQA filutg fees were increase 4,000 103,000 Estimated Parking Enforcement Assessments due to County of SD for FY 06/07 15,000 Funding for Community Concert Band 6,400 Contractual agreemcru Police Vcsts 39,023 Police share of RCS backbone.dcbt service payment 65000 Estimated Parking Penalty Assessments duc to County of SI) tor FY 07/OR 110,423 2(1000 Response Time Study Not included in roll over budget 12,471 Fire share of RCS backbone clebt service payment 12,471 Public Works 001-427 0(X) 470-0 00/480-0000 17,09S Public Works share of RCS backbone debt service letyment Total General Fund 17,098 281,992 MID YF.AR BUDGET ADj(SI'MENTS FY 2007-2008 EXHIBIT "A" Page 2 of 2 Account Amount Description 191-STOP PROJECT 191 411-000-101-0000 191-411-000-120 0000 191-411-000-140 0000 191-411-000-150 0000 191 411-000-160 0000 191 411- 000-161. 0000 Program was not budgeted for FY 07/08 but has incurred project related t fists 40,942 Full Time Salaries 1,040 Differential Pay 412 Workers Compensation 10,032 I fealth Insurance- 15,900 Retirement Plan Charges 608 1\ledicare Total S'l'OP PROJECT 68,934 125 - Sewer Fund 125 422-222-710-1)000 200,000 Re establish Provision for Contingent y Total Sewer Fund 200,000 212-Personnel Compensation Fund 212-409-00O 199 0000 Total Personnel Compensation 301 - Grant (:DBG 301-431 .128 I xx-0000 301-409-500 598-6134 301-412 125 268-0000 301 412 125-470-0000/480 0000 Total Grant CDBG 690,999 371,300 Administrative adjustment - MF.A?Executive/Mgt incentives (previously approved 371,300 through Resoluuons), sick/vacation incentives (contractual), employer separation pay NOTE: Approved by Res. No. 2007-xxxx lint not reflected in the budget 3,106 Library Project Read was f,mdecl for 44144 but was approved for 47250. 13,110 Install Pedestrian Ramps 138,569 Fire Appatatus Lease Payments 516,214 H(JD Section 108 Luau Principal and Jntrtest Payment 302-CDC Funded - Planning Department 302.406-000--260 0000 Total Planning 302-CDC Funded - Building and Safety 302-413 0(0-101 0000 302-413-000 xxx-0000 302-413-131 329 -0(100• Total Building and Safety 632 - General Accounting Services 632-404-045 101-0000 632-404-045 299-0000 Total General Accounting Services 4,6011 C.DC's share of CEQA filing fie, 4,60(1 30,575 14,950 6,400 51,925 Salaries - Senior Code Conformance Officer Benefits Senior Code Confnnnance Officer C;raffiti Removal operating supplies 17,000 Grant Accountant Contract Assistance 55,000 CDC/City Merge of Financial Data and Finance Re -organization 72,000 TOTAL CITY OF NATIONAL CITY 1,741,750 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Fehurary 5. 2008 AGENDA ITEM NO. 20 ITEM TITLE An ordinance of the City Council of the City of National City introducing the California Building Code, 2007 Editions, International Building Code, 2006 Edition. Amending ordinance No. 15.08 of Chapter 15 of the National City Municipal Code. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION State law requires that the City of National City adopt the California Building Code. In addition the International Building Code, (IBC) 2006 Edition is also being proposed for introduction. Technical amendments made to those codes needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must he made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Building Codes are administrative in nature. The attached staff report addresses some of the more significant changes found in the codes mentioned above. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council introduce the new California Building Code and International Building Code. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff report A-200 (9/99) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II OF THE 2007 CALIFORNIA BUILDING CODE, APPENDIX CHAPTER 1 AND APPENDICES C, G, H, AND I OF SAID CODE, INTERNATIONAL BUILDING CODE, 2006 EDITION FOR THOSE PROVISIONS NOT INCLUDED IN THE2007 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS; PROVIDING PENALTIES FOR VIOLATION THEREOF, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts Volumes I and II of the 2007 California Building Code, Appendix Chapter 1 and Appendices C, G, H, and I of said Code, and the International Building Code, 2006 Edition for those provisions not included in the 2007 California Building Code. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2007 California Building Code and Appendix Chapter 1 of said Code, thereby amending Chapter 15.08 of the National City Municipal Code to read as follows:: Sections: 15.08.010 15.08.015 15.08.020 15.08.025 15.08.030 15.08.035 15.08.040 15.08.045 15.08.050 15.08.055 15.08.060 15.08.065 15.08.070 15.08.075 CHAPTER 15.08 CALIFORNIA BUILDING CODE California Building Code — Adopted Chapter 1," Administration" — Deleted Chapter 2, "Definitions" — Added Appendix Chapter 1, Section 104.6 — Appendix Chapter 1, Section 105.2 — Appendix Chapter 1, Section 105.3.2 Amended Appendix Chapter 1, Section 105.5 — Appendix Chapter 1, Section 105.7 — Appendix Chapter 1, Section 105.8 — Appendix Chapter 1, Section 108.2 -- Appendix Chapter 1, Section 108.4 - - Amended Appendix Chapter 1, Section 109.3.8. Appendix Chapter 1, Section 110.3 — Appendix Chapter 1, Section 112.1 — in part. "Right of entry" — Amended "Work exempt from permit" — Amended — "Time limitation of application" — "Expiration" — Amended "Placement of permit" — Amended "Permit denial" — Added "Fees" — Amended "Work commencing before permit issuance" 1 — "Re -inspections" — Added "Temporary occupancy" — Amended "Board of Appeals" — Amended 1 2008 Building Code Ordinance 15.08.080 15.08.085 15.08.090 15.08.095 15.08.100 Appendix Chapter 1, Section 113 — "Violations" — Amended Section 501.2 — "Address numbers" — Amended Table 1505.1 "Minimum roof covering classification" — Amended Section 3407.1.1 "Historic buildings" — Added Appendix Chapters C, G, H, and I — Adopted 15.08.010 California Building Code Adopted. The city council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, the 2007 California Building Code, California Code of Regulations Title 24, Part 2, of the California State Health and Safety Code Sections 18901, et. seq., Volumes I and II, Appendix Chapter 1 and Appendices C, G, H and 1, published by the International Code Council and the California Building Standards Commission 2007 Edition, along with the International Building Code 2006 Edition for those provisions not included in the 2007 California Building Code including specified Appendices, save and except such portions as are deleted, added, or modified, of which copies of all the codes have been and are now filed in the office of the Director of Building and Safety; and, the same are adopted and incorporated as fully set out at length in this chapter, and the provisions thereof shall be controlling within the city limits. 15.08.015 Chapter 1 "Administration" — Deleted in part. Chapter 1, General Code Provisions of the 2007 Califomia Building Code is deleted with the exception of the California Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.08.020 Chapter 2 "Definitions" — Added. The following definition is added to Section 202 to read as follows: Authority Having Jurisdiction. The Authority Having Jurisdiction means the Director of the Building and Safety Department of the City of National City, which includes the Director's duly authorized representative, and includes the Building Official. 15.08.025 Appendix Chapter 1, Section 104.6 "Right of entry" — Amended. Section 104.6 of the 2007 California Building Code is amended to read as follows: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and /or their representatives may request entry as specified on Chapter 1.12 of the National City Municipal Code. 15.08.030 Appendix Chapter 1, Section 105.2 "Work exempt from permit" -- amended. Section 105. Building: Item 4 of the 2007 California Building Code is amended to read as follows: Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70. 2 2008 Building Code Ordinance Section 105.2 Building: of the 2007 California Building Code the following items are added: 14. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: (1) Painting and decorating including refinishing of exterior stucco finishes. (2) Installation of floor covering. (3) Cabinet work. (4) Outside paving on private property, not within the public right-of-way. (5) Replacement of existing windows with no structural modification of the existing window opening. 16. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 17. Painted wall signs and styrofoam or other foam mounted wall signs. 15.08.035 Appendix Chapter 1, Section 105.3.2 "Time Limitation of Application" — Amended. Section 105.3.2 of the 2007 California Building Code is amended to read as follows: Section 105.3.2 Time limitation of plan check application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant a maximum of three extensions for an additional time of three months each, provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.08.040 Appendix Chapter 1, Section 105.5 "Expiration" — Amended. Section 105.5 of the 2007 California Building Code is amended to read as follows: Section 105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any 3 2008 Building Code Ordinance time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection, a fee equal to one -quarter of the amount required for a new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. The maximum life of a permit renewal in accordance with this sub -section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (B) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon 4 2008 Building Code Ordinance written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and, (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. 15.08.045 Appendix Chapter 1, Section 105.7 "Placement of permit" -- Amended. Section 105.7 of the 2007 California. Building Code is amended to read as follows: Section 105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.08.050 Appendix Chapter 1, Section 105.8 "Permit denial' — Added. Section 105.8 of the 2007 California Building Code is added as follows: Section 105.8 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Appendix Chapter 1, Section 108.2 "Schedule of fees" — Amended. Section 108.2 of the 2007 California Building Code is amended to read as follows: Section 108.2 Schedule of permit fees. Permit fees, including plan review fees, shall be as established by the most recently adopted fee schedule. 15.08.060 Appendix Chapter 1, Section 108.4 "Work commenced before permit issuance" — Amended. Section 108.4 of the 2007 California Building Code is amended to read as follows: Section 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an 5 2008 Building Codu Ordinance investigation fee equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The investigation fee is in addition to a permit fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code, or from any penalty prescribed by law. 15.08.065 Appendix Chapter 1, Section 109.3.8.1 "Re -inspections" — Added. Section 109.3.8.1 of the 2007 California Building Code is added to read as follows: Section 109.3.8.1 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; 2. The corrections previously required and called for are not made; 3. Calling for an inspection before the job is ready for such inspection or re -inspection; 4. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 5. Failure to provide access on the date for which the inspection is requested; or, 6. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application therefore in writing upon a form provided for that purpose and pay the re -inspection fee as specified in the Fee Schedule adopted by the City Of National City. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.08.070 Appendix Chapter 1, Section 110.3 "Temporary occupancy certificate" — Amended. Section 110.3 of the 2007 Califomia Building Code is amended to read as follows: Section 110.3. Temporary Occupancy Certificate. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments, the Authority Having Jurisdiction may prepare a written document granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; and 4. Evidence that a faithful performance bond has been posted if required by any affected city department. 6 2008 Building Code Ordinance A copy of a written document granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Section 112.1 "Board of Appeals" - Amended. Section 112.1 of the 2007 California Building Code is amended to read as follows: Section 112.1 Board of Appeals. The Advisory and Appeals Board is established by National City Municipal Code Chapter 15.04. The Advisory and Appeals Board shall have jurisdiction to review the items as enumerated in Chapter 15.08 of the National City Municipal Code. 15.08.080 Appendix Chapter 1, Section 113.1 "Violations" - Amended. Section 113.1 of the 2007 California Building Code is amended to read as follows: Section 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.085 Section 501.2 "Address Numbers" - Amended. Section 501.2 of the 2007 California Building Code is amended to read as follows: Section 501.2 Address numbers. Every principal building or structure within the incorporated limits of the City Of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.08.090 Table 1505.1 Minimum Roof Covering classification - Amended. Table 1505.1 of the 2007 California Building Code is amended to read as follows: Due to climatic and geographical conditions within the City of National City, Table 1505.1 is amended as follows: Table 1505.1 Minimum Roof Covering Classification For Types of Construction I Al B fr II II Ai BI IA B I B B A V B 7 2008 Building Code Ordinance 15.08.095 Section 3407.1.1 "Historic buildings" - Amended. Section 3407.1.1 of the 2007 California Building Code is added to read as follows: Section 3407A.1.1 Historic Buildings. The repair, alteration, enlargement, maintenance and moving of historic buildings designated in National City Municipal Code Section 18.139.020 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Code of Regulations) and shall be subject to the review of permit requirements of National City Municipal Code Section 18.139.030. 15.08.100 Appendix Chapters C, G, H and t - Adopted. Appendix Chapters C, G, H and I of the 2007 California Building Code are adopted. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 8 2008 Building Code Ordinance CITY OF NATIONAL CITY NOTICE OF SIX PUBLIC HEARINGS AND INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING '[HE. NATIONAL (:IFY MUNICIPAL CODE NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold public hearings after the hour of 6:00 p.m. Tuesday February 19, 2008, in the City Council Chambers, National City, California, to consider the following ordinances: 1. Adopting Volumes i and 11, Appendix Chapter 1, and Appendices C, G, H and 1, of the 2007 California Building Code, amending certain sections and adding certain sections; adopting the International Building Code 2006 Edition for those provisions not included in the 2007 California Building Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2209 and Chapter 15.08 of the National City Municipal Code. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter 1 and Appendices A, 13, C and D of said code, amending certain sections and adding certain sections; adopting the UJniform Mechanical Code 2006 Edition for those provisions not included in the 2007 California Mechanical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2206 and Chapter 15.14 of the National City Municipal Code. 3. Adopting the 2007 California Plumbing Code, Appendix Chapter I of said code, amending certain sections and adding certain sections; adopting the uniform Plumbing Code 2006 Edition for those provisions riot included in the 2007 California Plumbing Code; adopting' fable 2902.1 ol'the International Building Code, 2006 Edition; providing penalties for violation thereof; and amending Ordinance No. 2002-2208 and Chapter 15.20 of the National City Municipal Code. 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Code 2005 Edition for those provisions not included in the 2007 California Electrical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Code. 5. Adopting the 2007 California Energy Code; providing penalties for violation thereof; and adding Chapter 15.75 of the National City Municipal Code. 6. Adopting the 2007 California Fire Code, the appendices of said code, the National Fire Protection Association Standards, and the International Fire Code 2006 Edition, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Fire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-2211 and Chapter 15.28 of the National City Municipal Code. The ordinances listed above were given a first reading by title only at the regular meeting of the City Council on February 5, 2008. Pursuant to Government Code sections 50022.2 through 50022.4 and 6066, these codes may be adopted by reference after the public hearing. 1 Copies of the Codes and adopting ordinances have been filed with the City Clerk and are available for inspection from the date of the first reading through the date of the public hearing on February 19, 2008. The provisions of Government Code sections 25124 and 36933 providing for publication of ordinances are being complied with. The ordinances will be given a second and final reading on February 19, 2008, and may he adopted at the Council Meeting of February 19, 2008. This notice is dated January _, 2008. Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 International Building Code, the 2006 Uniform Mechanical and Plumbing Codes, the 2005 National Electric Code and the 2006 International Fire Code • This year the California Building Standards Commission chose to adopt the 2006 international Building Code published by the International Code Council (ICC), as the model code, along with the 2006 Uniform Mechanical and Plumbing ('odes, published by the international Association of -Plumbing and Mechanical Officials (IAPMO), the 2005 National Electric Code published by the National Fire Protection Association (NFPA) and the 2006 International Fire Code, published by ICC. California Building Code/International Building Code There are several significant changes brought about by these new codes, which include the change in determination of seismic zones. The past code established four seismic zones within the State of California, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction. The new code adopts six seismic areas, A, B, C, D, h and F and makes the design requirements more site specific which may lower some design criteria which in turn may reduce some of the costs of construction. This change allows a larger pallet of design criteria for the architects, engineers and designers; however, it requires the inclusion ofa soils report for nearly all projects that involve the expansion of existing buildings or the construction of new buildings. National City is expected to he mainly in seismic area D due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the IBC changes the separation from wood to earth, including wood sheathing from 6" to 8", unless it is naturally durable (e.g. redwood) or is preservative treated wood. Another change to the codes involves the use of the term Authority Having Jurisdiction in place of Building Official. This change eliminates the requirement to change the position designation for other department heads. 'Phis is particularly appropriate for the City Of National City in view of the fact that we currently do not have a Building Official. The AI IJ is currently the Acting Director of Building and Safety. In the current code, the use of 5/8" anchor bolts with 2" x 2" x 3/ I•6" washers was dictated by the fact that San Diego County was in seismic zone 4. With the new seismic area designations, some design criteria may again allow the use of 'A" anchor bolts under some conditions, to be determined by the designer of the project. The size of the anchor bolt washers, however has changed to 3" x 3" x 3/16" with a diagonal slot. The slot is to permit centering of the washer on the sill plates even though the anchor bolts may be slightly off center. 3 With the new code, Appendix i, Patio Covers, the installation of glass windows is now permitted, except these glazed walls may not interfere with any openings which serve as emergency egress or rescue openings, such as bedroom windows. The code has changed with regard to both light and ventilation requirements and emergency egress from the first floor of a dwelling. The required light is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from 5% to 4%. Where the current code requires a minimum of 5.7 square feet of net clear opening for an emergency egress window, the new code requires only 5 square feet for bedroom windows on the first floor. Above the first floor, the 5.7 square feet of opening is still required. The other change to this egress requirement is that, instead of the maximum sill height being 44" above the floor, now the bottom of the clear opening is to be a maximum of 44" above the floor which will necessitate the lowering of the window framing to account for the actual window frames. We have added a provision to each of the codes regarding the extension of permits. This added provision is designed to recognize the fact that National City supports the service men and women who are a vital part of our conununity. The adoptive ordinance section of each of the codes has a provision allowing the extension of permits for at least six months after the return of personnel who have been deployed to a foreign country. California Plumbing Code/Uniform Plumbing Code A major change to the Plumbing Code occurred with the allowance of CPVC piping for both hot and cold -water distribution in residential buildings. Its approval places requirements and restrictions for its use and installation on the contractor/installer and requires certification from contractors and sub -contractors with respect to worker safety. The use of this material as well as PEX products was not adopted in the previous code, and PEX is still not and accepted material. California Mechanical Code/Uniform Mechanical Code The Mechanical Code contains numerous editorial changes including an expanded list of definitions to clarify some of these changes. Chapter 5 contains numerous changes regarding venting. Chapters 3, 4, 7,and 9 contain changes which may be considered moderate in nature regarding fuel gas connections, combustion air and equipment installation. None of the changes appear to have significant impact. California Electric Code/National Electric Code The National Electric Code contains a number of changes that, for the most part, are minor and technical. A significant change that will affect us is the increased requirements regarding pool bonding measures. The new code extends the bonding grid 4 of the pool to include the concrete decking, to a maximum of three feet from the pool edge that will require the decking to contain reinforcement in the form of a steel grid system which is to be bonded to the steel within the pool shell. Most of the other changes to the NEC are, again, editorial in nature. California Fire Code/international Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few changes, which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, encompassing areas that previously were only covered within the National Fire Protection Association (NFPA) standards. A few of the areas now addressed are the requirements of fire sprinklers in rubbish and linen chutes used in multiple story buildings. Chapter 9, section 909 now addresses the need and use of smoke control systems within covered mall occupancies. Snwke systems provide for the tenable environment for the evacuation and or relocation of occupants. Smoke control systems are designed to maintain the smoke level within the occupancy at a level high enough to provide for clear air at the pedestrian level. Chapter 47, now further addresses requirements for Wildland-Urban interface Fire areas. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix I) Fire "Apparatus Access Roads" has increased its standards to reflect the ever -changing weight, design and dimensions of new fire apparatus. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. These sections will address but not limited too, turning radius, dead- ends, grade, road width etc. 5- Chapter 15.08 CALIFORNIA BUILDING CODE* Sections: 15.08.010 California Building Code — Adopted 15.08.015 Chapter 1, ADMINISTRATION — Deleted 15.08.020 Chapter 2, DEFINITIONS - Added 15.08.025 Appendix Chapter 1, Section 104.6 — "Right of Entry" -- Amended 15.08.030 Appendix Chapter 1, Section 105.2 — "Work exempt from permit" — Amended 15.08.035 Appendix Chapter 1, Section 105.3.2 "'Time limitation of application" — Amended 15.08.040 Appendix Chapter 1, Section 105.5 "Expiration" — Amended 15.08.045 Appendix Chapter 1, Section 105.7 "Placement of permit" — Amended 15.08.050 Appendix Chapter 1, Section 105.8 "Permit denial" — Added 15.08.055 Appendix Chapter 1, Section 108.2 "Fees" — Amended 15.08.060 Appendix Chapter 1, Section 108.4 "Work commencing before permit issuance" - Amended 15.08.065 Appendix Chapter 1, Section 1093.8.1 "Re -inspections" — Added 15.08.070 Appendix Chapter 1, Section 1103 "Temporary Occupancy" — Amended 15.08.075 Appendix Chapter 1, Section 112.1 "Board of Appeals" — Amended 15.08.080 Appendix Chapter 1, Section 113 "Violations" - Amended 15.08.085 Section 501.2 "Address Numbers" - Amended 15.08.090 'Table 1505.1 "Minimum Roof Covering Classification" — Amended 15.08.095 Section 3407.1.1 "Historic Buildings" — Added 15.08.100 Appendix Chapters C, G, H, and I — Adopted Section: 15.08.010 California Building Code Adopted The city council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, the 2007 California Building Code, California Code of Regulations 'Title 24, Part 2, of the California State llealth and Safety Code Sections 18901, et. seq., Volumes I and 11, Appendix Chapter 1 and Appendices C, G, H and I, published by the International Code Council and the California Building Standards Commission 2007 Edition, along with the International Building Code 2006 Edition for those provisions not included in the California Building Code including specified Appendices, save and except such portions as are deleted, added, or modified, of which copies of all the codes have been and are now filed in the office of the Director of Building and Safety; and, the same are adopted and incorporated as fully set out at length in this chapter, and from March 10, 2008 the provisions thereof shall be controlling within the city limits. 15.08.015 Chapter 1 ADMINISTRATION - Deleted Chapter 1, GENERAL CODE PROVISIONS of the 2007 California Building Code is deleted with the exception of the California Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.08.020 Chapter 2 Definitions - Added The following definition is added to Section 202: Authority Having Jurisdiction. The Authority Having Jurisdiction means the Director of the Building and Safety Department of the City of National City, which includes the Director's duly authorized representative, and includes the Building Official. 15.08.025 Appendix Chapter 1, Section 104.6 Right of Entry — Amended Section 104.6 of the 2007 California Building Code is amended to read: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and /or their representatives may request entry as specified on Chapter 1.12 of the National City Municipal Code. 15.08.030 Appendix Chapter 1, Section 105.2 Work exempt from permit - amended Section 105. Building: Item 4 of the 2007 California Building Code is amended to read: Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70. Section 105.2 Building: of the 2007 California Building Code the following items are added: 7 14. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves onlythe replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: (1) Painting and decorating including refinishing of exterior stucco finishes. (2) Installation of floor covering. (3) Cabinct work. (4) Outside paving on private property, not within the public right-of-way. (5) Replacement of existing windows with no structural modification of the existing window opening. 16. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 17. Painted wall signs and Styrofoam or other foam mounted wall signs. 15.08.035 Appendix Chapter 1, Section 105.3.2 Time Limitation of Application — Antcnded Section 105.3.2 of the 2007 California Building Code is amended to read: Section 105.3.2 Time limitation of plan check application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant a maximum of three extensions for an additional time of three months each, provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.08.040 Appendix Chapter 1, Section 105.5 Expiration - Amended Section 105.5 of the 2007 California Building Code is amended to read: Section 105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. 9 In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will he made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; ((7) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection, a fee equal to one -quarter of the amount required for a new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. The maximum life of a permit renewal in accordance with this sub -section shall he one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (B) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may he held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 9 4. Permits that have exceeded three years: For permits that have exceeded three years beyond the issuance date, a permit renewal may he obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and, (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. 15.08.045 Appendix Chapter 1, Section 105.7 Placement of permit — amended Section 105.7 of the 2007 California Building Code is amended to read: Section 105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.08.050 Appendix Chapter 1, Section 105.8 Permit Denial - Added Section 105.8 of the 2007 California Building Code is added as follows: Section 105.8 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Appendix Chapter 1, Section 108.2 Fees - Amended Section 108.2 of the 2007 California Building Code is amended to read: Section 108.2 Schedule of permit fees. Permit fees, including plan review fees, shall be as established by the most recently adopted fee schedule. 15.08.60 Appendix Chapter 1, Section 108.4 Work commenced before permit issuance — Amended Section 108.4 of the 2007 California Building Code is amended to read: Section 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall he subject to an investigation fee equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The investigation fee is in addition to a permit fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code, or from any penalty prescribed by law. 15.08.065 Appendix Chapter 1, Section 1093.8.1 Re -inspections- Added Section 109.3.8.1 of the 2007 California Building Code is added to read: Section 109.3.8.1 Re -inspections. A re -inspection fee may be assessed for each inspection or re - inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; 2. The corrections previously required and called for arc not made; 3. Calling for an inspection before the job is ready for such inspection or re - inspection; 4. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 5. Failure to provide access on the date for which the inspection is requested; or, 6. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application therefore in writing upon a form provided for that purpose and pay the re -inspection fee as specified in the Fee Schedule adopted by the City Of National City. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.08.070 Appendix Chapter 1, Section 110.3 Temporary Occupancy - Amended Section 110.3 of the 2007 California Building Code is amended to read: Section 110.3.Temporary Occupancy Certificate. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments, the Authority I Iaving Jurisdiction may prepare a written document granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; and /I 4. Evidence that a faithful performance bond has been posted if required by any affected city department. A copy of a written document granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Section 112.1 Board of Appeals — Amended Section 112.1 of the 2007 California Building Code is amended to read: Section 112.1 Board of Appeals. The Advisory and Appeals Board is established by National City Municipal Code Chapter 15.04. The Advisory and Appeals Board shall have jurisdiction to review the items as enumerated in Chapter 15.08 of the National City Municipal Code. 15.08.080 Appendix Chapter 1, Section 113.1 Violations - Amended Section 113.1 of the 2007 California Building Code is amended to read: Section 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to he done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.085 Section 501.2 Address Numbers - Amended Section 501.2 of the 2007 California Building Code is amended to read: Section 501.2 Address numbers. Every principal building or structure within the incorporated limits of the City Of National City shall he identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.08.090 Table 1505.1 Minimum Roof Covering classification - Amended Table 1505.1 of the 2007 California Building Code is amended to read: Due to climatic and geographical conditions within the City Of National City, Table 1505.1 is amended as follows: Table 1505.1 Minimum Roof Covering Classification For Types of Construction IZ 4. IA IB IIA 11B IIIA III8 IV VA VB 1 Q B B B B B B B B 15.08.095 Section 3407.1.1 Historic Buildings - Amended Section 3407.1.1 of the 2007 California Building Code is added to read: Section 3407A.1.1 Historic Buildings. The repair, alteration, enlargement, maintenance and moving of historic buildings designated in National City Municipal Code Section 18.139.020 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Code of Regulations) and shall be subject to the review of permit requirements of National City Municipal Code Section 18.139.030. 15.08.100 Appendix Chapters C, G, H and I - Adopted Appendix Chapters C, G, H and I of the 2007 California Building Code are adopted. Revised 1507, 12/17/07 %3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 5, 2008 AGENDA ITEM NO. 21 (EM TITLE An ordinance of the City Council of the City of National City introducing the California Electrical Code, 2007 Edition and National Electrical Code, 2005 Edition. Amending ordinance No. 15.24 of Chapter 15 of the National City Municipal Code. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION State law requires that the City of National City adopt the California Electrical Code, 2007 Edition. In addition the National Electrical Code, 2005 Edition is also being proposed for introduction. Technical amendments made to those codes needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Building Codes are administrative in nature. The attached stair report addresses some of the more significant changes found in the codes mentioned above. Environmental Review X NIA Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council introduce the California Electrical Code, 2007 Edition and National Electrical Code 2005 Edition. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9199) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA ELECTRICAL CODE, ANNEX G OF SAID CODE, AND THE UNIFORM ELECTRICAL CODE (2005 EDITION), AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS, WITHIN THE CITY AND AMENDING ORDINANCE NO. 2002-2207 AND CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2007 California Electrical Code, Annex G of said Code, and the Uniform Electrical Code (2005 Edition). Section 2. The City Council of the City of National City hereby amends, deletes, and adds sections to the 2007 California Electrical Code, Annex G of said Code, and the Uniform Electrical Code (2005 Edition), thereby amending Chapter 15.24 of the National City Municipal Code, to read as follows: Sections: 15.24.005 15.24.010 15.24.015 15.24.020 15.24.025 15.24.030 15.24.035 15.24.040 15.24.045 15.24.050 15.24.055 15.24.060 15.24.065 15.24.070 15.24.075 CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE* 2007 California Electrical Code, Annex G of the 2007 California Electrical Code and Uniform Electrical Code (2005 Edition) — Adopted and amended. Annex G, Administration and Enforcement — Adopted and amended. Annex G, Section 80.13(7) "Right of Entry" — Amended. Annex G, Section 80.13(16) "Electric Fences Prohibited" — Added. Annex G, Section 80.15 "Electric Board" — Amended. Annex G, Section 80.19(D) "Annual Permits" — Deleted. Annex G, Section 80.19(E) "Fees" — Amended. Annex G, Section 80.19(F) "Inspection and Approvals" — Amended. Annex G, Section 80.19(H) "Applications and Extensions" — Amended. Annex G, Section 80.19(1) "Permit Denial" — Added. Annex G, Section 80.23 "Notice of Violations, Penalties" — Adopted and amended. Annex G, Section 80.25 "Connection to Electricity Supply" — Amended. Annex G, Section 80.27 "Inspectors Qualifications" — Deleted. Annex G, Section 80.29 "Liability for Damages" — Deleted. Annex G, Section 80.35 "Effective Date' — Amended. 1 2008 Electrical Code Ordinance 15.24.005 2007 California Electrical Code, Annex G of the 2007 California Electrical Code, and Uniform Electrical Code (2005 Edition) — Adopted and amended. The city council adopts and incorporates herein as the city electrical code, for the purpose of prescribing in the City Of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of construction plans, drawings, and specifications for electrical systems, the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits, trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property, the 2007 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq., Annex G of the 2007 California Electrical Code, and the Uniform Electrical Code, 2005 Edition for those provisions not included in the 2007 Califomia Electrical Code, except as amended, deleted, or added by this chapter, of which copies of these codes have been and are now filed in the office of the Director of Building and Safety, and the same are adopted and incorporated as if fully set out at length in this chapter, and shall be controlling within the city limits. 15.24.010 Annex G, Administration and Enforcement — Adopted and amended. ANNEX G to the 2007 California Electrical Code, entitled ADMINISTRATION and ENFORCEMENT, is adopted subject to the following additions, amendments and deletions contained in this Chapter. 15.24.015 Annex G, Section 80.13 ()(7) — Amended. Section 80.13 (7) of Annex G to the 2007 Califomia Electrical Code is added as follows: 80.13 (7) Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or structure or outdoors on any premises or property a condition or code violation which make such building or premises unsafe, dangerous, or hazardous, the Authority Having Jurisdiction or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.020 Annex G, Section 80.13 (17) — Added. Section 80.13 (17) of Annex G to the 2007 California Electrical Code is added as follows: 80.13 (17). Electric Fences Prohibited. No electric fence shall be constructed, maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charge with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex G, Section 80.15 "Electric Board" — Amended. Section 80.15 of Annex G of the 2007 California Electrical Code is amended to read as follows: 80.15 Advisory and Appeals Board. The Advisory and Appeals Board is established by the National City Municipal Code Chapter 15.04. The Board shall have the jurisdiction to review the items as enumerated in Chapter 15.24 of the National City Municipal Code. 2 2008 Electrical Code Ordinance 15.24.030 Annex G, Section 80.19(D) "Annual Permits" — Deleted. Section 80.18(D) of Annex G of the 2007 California Electrical Code is deleted. 15.24.035 Annex G, Section 80.19(E) "Fees" — Amended. Section 80.19(E) of Annex G of the 2007 California Electrical Code is amended to read as follows: 80.18(E) Fees. The fees for each electrical permit shall be as set forth in the fee schedule adopted by the City Council. 15.24.040 Annex G, Section 80.19(F) "Inspection and Approvals" — Amended. Section 80.19(F) of Annex G of the 2007 California Electrical Code is amended to read as follows: (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Authority Having Jurisdiction, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Authority Having Jurisdiction. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Authority Having Jurisdiction, nor the City of National City shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical system and equipment regulated by this code shall not be connected to the energy source until authorized by the Authority Having Jurisdiction. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code of other ordinances of the jurisdiction shall not be valid. (2) Inspection requests. It shall be of the duty of the person doing the work authorized by the permit to notify the Authority Having Jurisdiction that such work is ready for inspection. The Authority Having Jurisdiction may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Authority Having Jurisdiction. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the Authority Having Jurisdiction not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Other Inspections. In addition to the called inspections required by this code, the Authority Having Jurisdiction may make or require other inspections of work to ascertain compliance with the provision of this code and other laws which are enforced by the code enforcement agency. (5) Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: (A) The portion of the work for which the inspection was called is not complete; 3 2008 Electrical Code Ordinance (B) The corrections previously required and for are not made; (C) Calling for an inspection before the job is ready for such inspection or re - inspection; (D) The inspection record card or the approved plans are not posted or otherwise available to the inspector; or, (E) Deviating from the approved plans when such deviation or change required approval of the Authority having jurisdiction. This provision is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re -inspection. Re -inspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. In the instances where re -inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 15.24.045 Annex G, Section 80.19(H) "Applications and Extensions" — Amended. Section 80.19(H) of Annex G of the 2007 California Electrical Code is amended to read as follows: 80.19(H) Application and Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each, provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 4 2008 Electrical Code Ordinance 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes are in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one - quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum fife of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this 5 2008 Electrical Code Ordinance section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.24.050 Annex G, Section 80.19(1) "Permit Denial" — Added. Section 80.19(1) of Annex G of the 2007 California Electrical Code is added as follows: 80.19(1) Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or substandard building as provided in chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.055 Annex G. Section 80.23 "Notice of violation and penalties" — Amended. Section 80.23 of the California Electrical Code, 2007 Edition, is amended to read as follows: 80.23 Notice and Violations and Penalties. Notice of violations and penalties shall conform to (A) and (B). (A) Violations. (1) Whenever the Authority Having Jurisdiction determines that there are violations of this Chapter, a written notice shall be issued to confirm such findings. (2) Any order or notice issued pursuant to this Chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both. (B) Penalties. (1) Any person who fails to comply with the provisions of this Chapter or fails to carry out an order made pursuant to this Chapter or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the Authority Having Jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Violations of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.060 Annex G, Section 80.25(C) "Connection to Electricity Supply" — Deleted. Section 80.25(C) of Annex G of the 2007 California Electrical Code is deleted. 6 2008 Electrical Code Ordinance 15.24.065 Annex G, Section 80.27 "Inspectors Qualifications" — Deleted. Section 80.27 of Annex G of the 2007 California Electrical Code is deleted. 15.24.070 Annex G, Section 80.29 "Liability for Damages" — Deleted. Section 80.29 of the California Electrical Code, 2007 Edition, is deleted. 15.24.075 Annex G Section 80.35 "Effective date" — Amended. Section 80.35 of Annex G of the 2007 California Electrical Code is amended to read as follows: 80.35 Effective Date. Article 80 shall take effect 30 days after its passage and publication. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 7 2008 Electric -at Code Ordinance C11'Y OF NATIONAL CITY NOTICE OF SiX PUBLIC I IEARINGS AND INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING THE NATIONAL CITY MUNICIPAL CODE NOTICE IS I IEREBY GIVEN that the City Council of the City of National City will hold public hearings after the hour of 6:00 p.m. Tuesday February 19, 2008, in the City Council Chambers, National City, California, to consider the following ordinances: 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, Ci, H and i, of the 2007 California Building Codc, amending certain sections and adding certain sections; adopting the international Building Code 2006 Edition for those provisions not included in the 2007 California Building Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2209 and Chapter 15.08 of the National City Municipal Code. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter I and Appendices A, B, C and f) of said code, amending certain sections and adding certain sections; adopting the Uniform Mechanical Code 2006 Edition for those provisions not included in the 2007 California Mechanical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2206 and Chapter 15.14 of the National City Municipal Code. 3. Adopting the 2007 California Plumbing Code, Appendix Chapter 1 of said code, amending certain sections and adding certain sections; adopting the Uniform Plumbing Code 2006 Edition lbr those provisions not included in the 2007 California Plumbing Code; adopting Table 2902.1 of the International Building Code, 2006 Edition; providing penalties for violation thereof; and amending Ordinance No. 2002-2208 and Chapter 15.20 of the National City Municipal Codc. 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Code 2005 Edition for those provisions not included in the 2007 California Electrical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Code. 5. Adopting the 2007 California Energy Code; providing penalties for violation thereof; and adding Chapter 15.75 of the National City Municipal Codc. 6. Adopting the 2007 California Fire Codc, the appendices of said code, the National Fire Protection Association Standards, and the International Fire Code 2006 Edition, prescribing regulations governing conditions hazardous to life and property' from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Fire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-2211 and Chapter 15.28 of the National City Municipal Code. The ordinances listed above were given a first reading by title only at the regular meeting of the City Council on Febnrary 5, 2008. Pursuant to Government Code sections 50022.2 through 50022.4 and 6066, these codes may be adopted by reference after the public hearing. 1 Copies of the Codes and adopting ordinances have been filed with the City Clerk and are available for inspection from the date of the first reading through the date of the public hearing on February 19, 2008. The provisions of Government Code sections 25124 and 36933 providing for publication of ordinances are being complied with. The ordinances will be given a second and final reading on February 19, 2008, and may be adopted at the Council Meeting of February 19, 2008. This notice is dated January _ , 2008. 2 Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 International Building Code, the 2006 Uniform Mechanical and Plumbing Codes, the 2005 National Electric Code and the 2006 International Fire Code This year the California Building Standards Commission chose to adopt the 2006 International Building Code published by the International Code Council (ICC), as the model code, along with the 2006 Uniform Mechanical and Plumbing Codes, published by the International Association of Plumbing and Mechanical Officials (IAPMO), the 2005 National Electric Code published by the National Fire Protection Association (NFPA) and the 2006 International Fire Code, published by ICC. California Building Code/International Building Code There are several significant changes brought about by these new codes, which include the change in determination of seismic zones. The past code established four seismic zones within the State of ( alifornia, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction. The new code adopts six seismic areas, A, B, C, 1), E and F and makes the design requirements more site specific which may lower some design criteria which in turn may reduce some of the costs of construction. This change allows a larger pallet of design criteria for the architects, engineers and designers; however, it requires the inclusion of a soils repot for nearly all projects that involve the expansion of existing buildings or the construction of new buildings. National City is expected to he mainly in seismic area D due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the IBC changes the separation lrorn wood to earth, including wood sheathing from 6" to 8", unless it is naturally durable (e.g. redwood) or is preservative treated wood. Another change to the codes involves the use of the term Authority Having Jurisdiction in place of Building Official. This change eliminates the requirement to change the position designation for other department heads. This is particularly appropriate for the City Of National City in view of the fact that we currently do not have a Building Official. The AHJ is currently the Acting Director of Building and Safety. In the current code, the use of 5/8" anchor bolts with 2" x 2" x 3/16" washers was dictated by the fact that San Diego County was in seismic zone 4. With the new seismic area designations, some design criteria may again allow the use of 'A" anchor bolts under some conditions, to be determined by the designer of the project. The size of the anchor bolt washers, however has changed to 3" x 3" x 3/16" with a diagonal slot. The slot is to permit centering of the washer on the sill plates even though the anchor bolts may he slightly off center. 3 With the new code, Appendix 1, Patio Covers, the installation of glass windows is now permitted, except these glazed walls may not interfere with any openings which serve as emergency egress or rescue openings, such as bedroom windows. The code has changed with regard to both light and ventilation requirements and emergency egress from the first floor of a dwelling. The required light is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from 5% to 4%. Where the current code requires a minimum of 5.7 square feet of net clear opening for an emergency egress window, the new code requires only 5 square feet for bedroom windows on the first floor. Above the first floor, the 5.7 square feet of opening is still required. The other change to this egress requirement is that, instead of the maximum sill height being 44" above the floor, now the bottom of the clear opening is to he a maximum of 44" above the floor which will necessitate the lowering of the window framing to account for the actual window frames. We have added a provision to each of the codes regarding the extension of permits. This added provision is designed to recognize the fact that National City supports the service men and women who are a vital part of our conununity. The adoptive ordinance section of each of the codes has a provision allowing the extension of permits for at least six months after the return of personnel who have been deployed to a foreign country. California Plumbing Code/Uniform Plumbing Code A major change to the Plumbing Code occurred with the allowance of CP V C: piping for both hot and cold -water distribution in residential buildings. Its approval places requirements and restrictions for its use and installation on the contractor/installer and requires certification from contractors and sub -contractors with respect to worker safety. The use of this material as well as PEX products was not adopted in the previous code, and PEX is still not and accepted material. California Mechanical Code/Uniform Mechanical Code 'fhe Mechanical Code contains numerous editorial changes including an expanded list of definitions to clarify some of these changes. Chapter 5 contains numerous changes regarding venting. Chapters 3, 4, 7,and 9 contain changes which may he considered moderate in nature regarding fuel gas connections, combustion air and equipment installation. None of the changes appear to have significant impact. California Electric Code/National Electric Code The National Electric Code contains a number of changes that, for the most part, are minor and technical. A significant change that will affect us is the increased requirements regarding pool bonding measures. The new code extends the bonding grid 4 of the pool to include the concrete decking, to a maximum of three feet from the pool edge that will require the decking to contain reinforcement in the form of a steel grid system which is to be bonded to the steel within the pool shell. Most of the other changes to the NEC are, again, editorial in nature. California Fire Code/International Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few changes, which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, encompassing areas that previously were only covered within the National Fire Protection Association (NFPA) standards. A few of the areas now addressed arc the requirements of fire sprinklers in rubbish and linen chutes used in multiple story buildings. Chapter 9, section 909 now addresses the need and use of smoke control systems within covered mall occupancies. Smoke systems provide for the tenable environment for the evacuation and or relocation of occupants. Smoke .control systems are designed to maintain the smoke level within the occupancy at a level high enough to provide for clear air at the pedestrian level. Chapter 47, now further addresses requirements for Wik land -Urban Interface Fire areas. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix 1) Fire "Apparatus Access Roads" has increased its standards to reflect the ever -changing weight, design and dimensions of new fire apparatus. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. These sections will address but not limited too, turning radius, dead- ends, grade, road width etc. Sections: 15.24.005 15.24.010 15.24.015 15.24.020 Chapter 15.24 CALIFORNIA ELECTRICAL CODE* California Electrical Code (2007 Edition), the National Electrical Code (NEC-2005 Edition) and Article 80 of the National Electrical Code (2005 Edition) — Adopted and amended Annex G, Administration and Enforcement — Adopted and amended Section 80.13� "AuttherityRight of Entry""-1 --Added-and-Amended Section 80.13 (16) Electric Fences Prohibited - Added 15.24.020025 Section 80.15 "Electric Board" Amended 15.24_025030 15.24_030035 15.24.035040 15.24.040045- 15.24_045050 15.24 _050055 amended 15.24_055060 15.24_0600655 15.24. 065070 15.24 _070075 Section 80.19 (D) "Annual Permits" - Deleted Section 80.19(E) "Fees" - Amended Section 80.19(F) "Inspection and Approvals" — Amended Section 80.19(H) "Applications and Extensions" - Amended Section 80.19(1) "Permit denial" - Added Section 80.23 "Notice of violation, penalties" — Adopted and Section 80.25 "Connection to Electricity Supply" - Amended Section 80.27 "Inspectors qualifications" - Deleted Section 80.29 "Liability for Damages" — Deleted Section 80.35 "Effective date" — Amended lg Section: 15.24.005 California Electrical Code (2007 Edition), the National Electrical Code (NEC-2005 Edition) and Article 80 of the National Electrical Code (2005 Edition) - Adopted and amended The city council adopts and incorporates herein as the city electrical code, for the purpose of prescribing in the City Of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of constriction plans, drawings, and specifications for electrical systems, the desilm, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits, trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property, the 2007 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. and the Uniform Electrical Code, 2005 Edition for those provisions not included in the 2007 California Electrical Code, except as amended, deleted, or added by this chapter, of which copies of these codes have been and are now filed in the office of the Director of Building and Safety, and the same are adopted and incorporated as if fully set out at length in this chapter, and Porn -March 10-, 2008 the provisionsi thereof'shall be controlling within the city limitstci j. 15.24.010 Annex G, Administration and Enforcement — Adopted and amended ANNEX G, ADMINISTRATION and ENFORFORCEMEN'f, is adopted subject to the following additions, amendments and deletions contained in this Chapter. 15.24.15 Annex G, Section 80.13 (47)171— AddeelAmended Section 80.13 (4-7) of Annex G to the 2007 California Electrical Code is added as follows: 80.13 (4-7) Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or structure or outdoors on any premises or property- a condition or code violation which make such building or premises unsafe, dangerous, or hazardous, the Authority Having Jurisdiction or their authorized representatives may request entry a.s specified in Chapter 1.12 of the National City Municipal Code. 15.24.20 Annex G, Section 80.13 (187) — Added Section 80.13 (187) of Annex G to the 2007 California Electrical Code is added as follows: 80.13 (187 . Electric Fences Prohibited.- No electric fence shall he constructed, maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charge with electricity which are not covered with adequate insulation to protect persons and animals corning in contact therewith. 15.24.025 Annex G, Section 80.15 "Electric Board" — Amended Section 80.15 of Annex G of the 2007 California Electrical Code is amended to read: 80.15 Advisory and Appeals Board. The Advisory and Appeals Board is established by the National City Municipal Code Chapter 15.04. The Board shall have the jurisdiction to review the items a.s enumerated in Chapter 15.24 of the National City Municipal Code. 15.24.03025 Annex G, Section 80.19(D) "Annual Permits" — Deleted Section 80.18 (D) of Annex G of the 2007 California Electrical Codes 2007 EditionTis deleted_ 15.24.0305 Annex G, Section 80.19(E) "Fees" — Amended Section 80.19(E) ofthe-Annex G of the 2007 California Electrical Code, 2007 Edition, is amended to read: 80.18(1;) Fees. The fees for each electrical permit shall be as set forth in the National City Wee sSchedule adopted by the City Council. 15.24.035 040 Annex G, Section 80.19(F) "Inspection and Approvals" — Amended Section 80.19(F) of Annex G of the 2007 California Electrical C'ode_, 2007 Edition, is amended to read: 8 (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Authority flaying Jurisdiction, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Authority I Iaving Jurisdiction. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Authority Having Jurisdiction nor the j-ufisflietiefiCity of National City shall he liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical system and equipment regulated by this code shall not be connected to the energy source until authorized by the Authority Having Jurisdiction. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code of other ordinances of the jurisdiction shall not be valid. (2) Inspection requests. It shall be of the duty of the person doing the work authorized by the permit to notify the Authority Having Jurisdiction that such work is ready for inspection. The Authority Having Jurisdiction may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Authority 'laving Jurisdiction. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the Authority Having Jurisdiction not more than 48 hours alter such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Other Inspections. In addition to the called inspections required by this code, the Authority Having Jurisdiction may make or require other inspections of work to ascertain q compliance with the provision of this code and other laws which are enforced by the code enforcement agency. (-54Re-inspectionstat. A re=inspection lee may be assessed for each inspection or rc= inspection when . hich : vtio•.: ll d of complete or 'h' alled r o' de.any of the following occurs: (A) The portion of the work for which the inspection was called is not complete: (B) The corrections previously required and for are not made: (C) Calling for an inspection before the lob is ready for such inspection or re - inspection (D) The inspection record card or the approved plans are not posted or otherwise available to the inspector: or, (E) Deviating from the approved plans when such deviation or change required approval of the Authority having jurisdiction. This provision is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re - inspection. Re_inspcction fees may 6e assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. In the instances where re_inspection Lces have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 15.24.040---045 Annex G, Section 80.19(H) "Applications and Extensions" — Amended Section 80.19(11) of Annex G of the 2007 California Electrical Code.Code:,2-007-E-ditietiris amended to read: 80. 19(H) Application and Extensions. An application for a permit for anyproposed work shall be deemed to have been abandoned six months after the date of filing. unless 10 such application has been pursued in good faith or a permit has been issued; except that the Authority I IavingJurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each, provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25",%0 of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifialble cause demonstrated. Expiratienr.-Evcrytc3t permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of pcnnit issuance. Work shall he presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority l laving Jurisdiction within each 6 month period upon the initial commeneerncnt of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes are in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has conunenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will he made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fcc equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall he paid; 1). A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 12 3_4:—Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittec have prevented action from being taken. :'operrnit s hail be extended- more thfni 6flee. 4. Permits issued where the permittee has been deployed to a foreign country, may he held in abeyance until six months after the return of the permitter frotn his/her deployment if necessary, upon application for such relief by the permittee. 15.24.045 050 Annex G, Section 80.19(1) "Permit denial" — Added Section 80.19(I) of Annex (i of the 2007 California Electrical Code, 200 do is extended -by -added as lbllows:itian-of-the fallowing: 80.19(I) Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or substandard building as provided in chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Ceode. 15.24.0550 Annex G, Section 80.23 "Notice of violation and penalties" — Adopted I Mid -amended Section 80.23 of the California Electrical Code, 2007 Edition, is amended to read: /3 80.23 Notice and Violations and Penalties. Notice of violations and penalties shall conform to (A) and (B). (A) Violations. (1) (2) Whenever the Authority Having Jurisdiction determines that there are violations of this C-edeChaptcr, a written notice shall be issued to confirm such findings. Any order or notice issued pursuant to this Cede Chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both. (B) Penalties. (1) (2) (3) Any person who fails to comply with the provisions of this ('ode Chapter or fails to carry out an order made pursuant to this Cede -Chapter or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Failure to comply with the time limits of an abatement notice or other corrective notice issued by the Authority Having Jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. Violations of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. I 15.24.055 060 Annex G, Section 80.25Q "Connection to Electricity Supply" — AmendedDeleted 14 Section 80.25 (C) of Annex G of the 2007 California Electrical Code- 2007-1-41-ition-gets beenis deleted- 15.24.0605 Annex G, Section 80.27 "Inspectors Qualifications" - Deleted Section 80.27 of Annex G of the 2007 California Electrical Code, 2006 Edition. is deleted. 15.24.065 070 Annex G, Section 80.29 "Liability for Damages" - Deletedtc41 Section 80.29 of the California Electrical Code, 2007 Edition, is deleted. 15.24.070 075 Annex G, Section 80.35 "Effective date" - Amended 80.35 of Annex G of the 2007 California Electrical Code,, 2007 E, dition is amended to read: 80.35 Effective Date. Article 80 shall take effect 30 days after its passage and publication. Revised 12/19/07 /S City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 5, 2008 AGENDA ITEM NO. 22 �EM TITLE An ordinance of the City Council of the City of National City introduce the Catrfomia Energy Code, 2007 Edition. Amending ordinance No. 15.75 of Chapter 15 of the National City Municipal Code. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION State law requires that the City of National City adopt the California Energy Code, 2007 Edition, subsequently these codes are being submitted for introduction. Technical amendments made to those codes needed due to local topographical. geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Building Codes are administrative in nature. The attached staff report addresses some of the more significant changes found in the codes mentioned above. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council introduce the California Energy Code, 2007 Edition. BOARD / COMMISSION RECOMMENDATION -Ae4 ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9/99) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA ENERGY CODE, AND AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.75 PERTAINING TO THE CALIFORNIA ENERGY CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2007 California Energy Code, establishing regulations for the installation, maintenance and alteration of energy systems within the city. Section 2. The City Council of the City of National City hereby amends certain sections of the 2007 California Energy Code, and adds Chapter 15.75 of the National City Municipal Code, to read as follows: CHAPTER 15.75 CALIFORNIA ENERGY CODE* 15.75.010 California Energy Code — Adopted. The City Council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the 2007 Califomia Energy Code, California Code of Regulations Title 24, Part 6. Except as otherwise provided by this Chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2007 California Energy Code. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor I 2008 Energy Code Ordinance CITY OF NATIONAL CITY NOTICE OF SIX PUBLIC I IEARINGS AND INTENT .1•O ADOPT SIX ORDINANCES ANi) CODES AMENDING TIIE NATIONAL. CITY MUNICiPAI, CODE NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold public hearings after the hour of 6:00 p.m. Tuesday February 19, 2008, in the City Council Chambers, National City, California, to consider the following ordinances: 1. Adopting Volumes I and I1, Appendix Chapter 1, and Appendices C, G, H and I, of the 2007 Calilbrnia Building Code, amending certain sections and addine certain sections; adopting the International Building Codc 2006 Edition for those provisions not included in the 2007 California Building Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2209 and Chapter 15.08 of the National City Municipal Code. 2. Adopting the 2007 California Mechanical Codc, Appendix Chapter 1 and Appendices A, B, C and D of said code, amending certain sections and adding certain sections; adopting the Uniform Mechanical Code 2006 Edition for those provisions not included in the 2007 California Mechanical Codc; providing penalties for violation thereof; and amending Ordinance No. 2002-2206 and Chapter 15.14 of the National City Municipal Code. 3. Adopting the 2007 California Plumbing Code, Appendix Chapter 1 of said code, amending certain sections and adding certain sections; adopting the Uniform Plumbing Code 2006 Edition for those provisions not included in the 2007 California Plumbing Codc; adopting Table 2902.1 of the International Building Code, 2006 Edition; providing penalties for violation thereof; and amending Ordinance No. 2002-2208 and Chapter 15.20 of the National City Municipal Code. 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Code 2005 Edition for those provisions not included in the 2007 Calilbrnia Electrical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Code. 5. Adopting the 2007 California Energy Code; providing penalties for violation thereof; and adding Chapter I5.75 of the National City Municipal Code. 6. Adopting the 2007 California Fire Code, the appendices of said code, the National Fire Protection Association Standards, and the International Fire Code 2006 Edition, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Fire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-2211 and Chapter 15.28 of the National City Municipal Code. The ordinances listed above were given a first reading by title only at the regular meeting of the City Council on February 5, 2008. Pursuant to Government Code sections 50022.2 through 50022.4 and 6066, these codes may be adopted by reference alter the public hearing. 1 Copies of the Codes and adopting ordinances have been filed with the City Clerk and are available for inspection from the date of the first reading through the date of the public hearing on February 19, 2008. The provisions of Government Code sections 25124 and 36933 providing tin - publication of ordinances are being complied with. The ordinances will he given a second and final reading on February 19, 2008, and may be adopted at the Council Meeting of February 19, 2008. This notice is dated January , 2008. 2 Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 International Building Code, the 2006 Uniform Mechanical and Plumbing Codes, the 2005 National Electric Code and the 2006 International Fire Code This year the California Building Standards Commission chose to adopt the 2006 International Building Codc published by the International ('ode Council (I('C), as the model code, along with the 2006 Unitbrrn Mechanical and Plumbing Codes, published by the International Association of Plumbing and Mechanical Officials (IAPMO), the 2005 National Electric Code published by the National Fire Protection Association (NFPA) and the 2006 International Fire Code, published by ICC. California Building Code/International Building Code There are several significant changes brought about by these new codes, which include the change in determination of seismic zones. The past code established four seismic zones within the State of California, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction_ The new code adopts six seismic areas, A, B, (', D, E and F and makes the design requirements more site specific which may lower some design criteria which in turn may reduce some of the costs of construction. This change allows a larger pallet of design criteria for the architects, engineers and designers; however, it requires the inclusion of a soils report for nearly all projects that involve the expansion of existing buildings or the construction of new buildings. National City is expected to be mainly in seismic arca D due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the IBC changes the separation from wood to earth, including wood sheathing from 6" to 8", unless it is naturally durable (e.g. redwood) or is preservative treated wood. Another change to the codes involves the use of the torn Authority Having Jurisdiction in place of Building Official. This change eliminates the requirement to change the position designation for other department heads. This is particularly appropriate for the City Of National City in view of the fact that we currently do not have a Building Official. The AH1 is currently the Acting Director of Building and Safety. In the current code, the use of 5/8" anchor bolts with 2" x 2" x 3/16" washers was dictated by the fact that San Diego County was in seismic zone 4. With the new seismic area designations, some design criteria may again allow the use of %" anchor bolts under some conditions, to be determined by the designer of the project. The size of the anchor bolt washers, however has changed to 3" x 3" x 3/16" with a diagonal slot. The slot is to permit centering of the washer on the sill plates even though the anchor bolts may be slightly off center. With the new code, Appendix 1, Patio Covers, the installation of glass windows is now permitted, except these glazed walls may not interfere with any openings which serve as emergency egress or rescue openings, such as bedroom windows. The code has changed with regard to both Tight and ventilation requirements and emergency egress from the first floor of a dwelling. The required light is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from 5% to 4%. Where the current code requires a minimum of 5.7 square feet of net clear opening for an emergency egress window, the new code requires only 5 square feet for bedroom windows on the first floor. Above the first floor, the 5.7 square feet of opening is still required. The other change to this egress requirement is that, instead of the maximum sill height being 44" above the floor, now the bottom of the clear opening is to he a maximum of 44" above the floor which will necessitate the lowering of the window Naming to account for the actual window frames. We have added a provision to each of the codes regarding the extension of permits. This added provision is designed to recognize the fact that National City supports the service men and women who are a vital part of our community. The adoptive ordinance section of each of the codes has a provision allowing the extension of permits for at least six months after the return of personnel who have been deployed to a foreign country. California Plumbing Code/Uniform Plumbing Code A major change to the Plumbing Code occurred with the allowance of CPVC piping for both hot and cold -water distribution in residential buildings. Its approval places requirements and restrictions for its use and installation on the contractor/installer and requires certification from contractors and sub -contractors with respect to worker safety. The use of this material as well as PEX products was not adopted in the previous code, and PEX is still not and accepted material. California Mechanical Code/Uniform Mechanical Code The Mechanical Code contains numerous editorial changes including an expanded list of definitions to clarify some of these changes. Chapter 5 contains numerous changes regarding venting. Chapters 3, 4, 7,and 9 contain changes which may be considered moderate in nature regarding fuel gas connections, combustion air and equipment installation. None of the changes appear to have significant impact. California Electric Code/National Electric Code The National Electric Code contains a number of changes that, for the most part, are minor and technical. A significant change that will affect us is the increased requirements regarding pool bonding measures. The new code extends the bonding grid 4 of the pool to include the concrete decking, to a maximum of three feet from the pool edge that will require the decking to contain reinforcement in the form of a steel grid system which is to be bonded to the steel within the pool shell. Most attic other changes to the NEC are, again, editorial in nature. California Fire Code/International Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few changes, which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, encompassing areas that previously were only covered within the National Fire Protection Association (NFPA) standards. A few of the areas now addressed are the requirements of fire sprinklers in rubbish and linen chutes used in multiple story buildings. Chapter 9, section 909 now addresses the need and use of smoke control systems within covered mall occupancies. Smoke systems provide for the tenable environment for the evacuation and or relocation of occupants. Smoke control systems are designed to maintain the smoke level within the occupancy at a level high enough to provide for clear air at the pedestrian level. Chapter 47, now further addresses requirements for Wildland-Urban interface Fire areas. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy Iifc, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix I) Fire "Apparatus Access Roads" has increased its standards to reflect the ever -changing weight, design and dimensions of new fire apparatus. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. These sections will address but not limited too, turning radius, dead- ends, grade, road width etc. 5 Section 15.75.010 Chapter 15.75 CALIFORNIA ENERGY CODE* California Energy Code — Adopted The city council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the 2007 California Energy Code, California Code of Regulations Title 24, Part 6. Except as otherwise provided by this Chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2007 California Energy Code. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 5, 2008 AGENDA ITEM NO. 23 ITEM TITLE An ordinance of the City Council of the City of National City introducing the California Fire Code, 2007 Edition and the International Fire Code, 2006 Edition. Amending ordinance No. 15.28 of Chapter 15 of the National City Municipal Code. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION State law requires that the City of National City adopt the California Fire Code, 2007 Edition. in addition the International Fire Code, 2006 Edition is also being proposed for introduction. Technical amendments made to those codes needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of llousing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Building Codes are administrative in nature. The attached staff report addresses some of the more significant changes found in the codes mentioned above. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council adopt the California Fire Codes, 2007 Edition and International Fire Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A ditAilef daeg-c- I ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9/99) ORDINANCE NO 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA FIRE CODE, APPENDICES THERETO, NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND THE INTERNATIONAL FIRE CODE 2006 EDITION, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND, ESTABLISHING A FIRE PREVENTION BUREAU, PROVIDING OFFICERS FOR SUCH BUREAU AND DEFINING THEIR POWERS AND DUTIES; REPEALING ORDINANCE NO. 2002-2211 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS CHAPTER, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2007 California Fire Code, the Appendices thereto, the International Fire Code 2006 Edition as amended by the State of California and the National Fire Protection Association Standards (most current edition) with the amendments set forth in Section 3 of this ordinance as the fire code for this city. Section 2. The City Council finds that the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be therefore filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code Sections 17958.7 and 18941.5. Section 3. Ordinance No. 2002-2211 of the City of National City and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and Chapter 15.28 of the National City Municipal Code is hereby amended to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Sections: 15.28,002 Findings and declarations. 15.28.010 California Fire Code, 2007 Edition adopted. 15.28.020 Establishment and duties of Fire Prevention Bureau. 15.28.030 Definitions. 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited. 15.28.040 Establishment of limits of districts in which storage of Class I and II Liquids in outside aboveground tanks is prohibited — Amended. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited. 1 2008 Fire Code Ordinance 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" — Amended. 15.28.070 Amendments made to the 2007 Califomia Fire Code. 15.28.080 Section 101.5 "Referenced Codes" — Amended. 15.28.085 Section 307.4.1 "Bonfires" — Amended. 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. 15.28.100 Section 1011.5.1 "Graphic" — Amended. 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. 15.28.120 Section 503.2.7 "Grade" — Amended. 15.28.130 Section 503.6.1 "Security Gates" — Amended. 15.28.140 Appeals. 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.170 Repeal of conflicting ordinances. 15.28.180 Validity and severability. 15.28.190 Date of effect. 15.28.002 Findings and declarations. The City Council of the City of National City, does hereby specifically and expressly find and declare that the nature and uniqueness of the focal climate, geographical and topographical conditions in the City of National City does reasonably necessitate and demand specific changes in and variations from the 2007 California Fire Code, which are noted in and made part of this ordinance as authorized by Health and Safety Code Section 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2007 California Fire Code, 2007 Edition adopted. There is hereby adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a Fire Prevention Bureau a certain code known as the 2007 California Fire Code, and the appendices thereto, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, and the whole thereof, save and except such portions as are hereinafter deleted, added, or amended. Within this Chapter 15.28, those codes may be collectively referred to as the California Fire Code. One (1) copy of this adopted code is on file in the Office of the Fire Chief of the City of National City. The code is hereby adopted and incorporated as fully as if set out as length herein, and from the date on which this ordinance shall take effect, shall be controlling within the limits of the City of National City. 15.28.020 Establishment and duties of Fire Prevention Bureau. A. The California Fire Code shall be enforced by the Fire Prevention Bureau in the Fire Department in the City of National City, which is hereby established and shall be operated under the supervision of the Chief of the Fire Department. B. The Battalion Chief/Fire Marshal in charge of the Fire Prevention Bureau shall be appointed by the Chief of the Fire Department of the City of National City. 2 2008 Fire Code Ordinance C. The Chief of the Fire Department may detail members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2007 California Fire Code shall mean the City of National City. B. Whenever the words "Chief of the Bureau of Fire Prevention" are used in the California Fire Code they shall be held to mean the Fire Marshal of the City of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it shall mean the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the City Council of the City of National City. Whenever the term "City" is used it shall mean the City of National City. E. Where the term "Corporation Counsel" is used in the California Fire Code, it shall be held to mean the City Attorney for the City of National City. F. Fire Authority Having Jurisdiction (FAHJ) means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. This entity may also provide fire suppression and other emergency services. G. Whenever the terms "This Code" and "2006 International Fire Code" are used they shall mean the 2007 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this Chapter. 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited. Section 3204.3.1.1 of the 2007 California Fire Code is amended to read as follows: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM; Medium Manufacturing, MH; Heavy Manufacturing, MT; Tidelands Manufacturing. 15.28.040 Establishment of limits of districts in which storage of class I and II liquids in outside aboveground tanks is prohibited — Amended. The limits referred to in Section 3404.2.9.5.1 and 3406.2.4.4 of the 2007 California Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: All areas within the City limits of the City of National City except for those areas zoned Commercial or Manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred to in Section 3804.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas within the City limits of the City of National City, except for those areas zoned Commercial or Manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 3 2008 Fire Code Ordinance 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" — Amended. The permanent storage of explosives and/or blasting agents shall be strictly prohibited within the City limits of the City of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the Fire Marshal, there are significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2007 California Fire Code. The geographical density of the City of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Section 15.28.080 through 15.28.130 necessary and meet the. conditions described in Section 15.28.002; Findings and Declarations. 15.28.080 Section 101.5 "Referenced Codes" — Amended. Section 101.5 of the 2007 California Fire Code is amended to read as follows: 101.5 The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" — Amended. Section 307.4.1 of the California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. Section 307.4.2 of the California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1011.5.1 "Graphics" — Amended. Section 1011.5.1 of the California Fire Code is amended to read as follows: 1011.5.1. Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 4 2008 Fire Code Ordinance 5.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" —Supplemented. Section 316 of the 2007 California Fire Code is added as follows: 316. Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 "Grade" — Amended. Section 503.2.7 of the 2007 California Fire Code is amended as follows: 503.2.7. Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. 15.28.130 Section 503.6.1 "Security Gates" — Amended. Section 503.6.1 of the 2007 California Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. Al) automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential Tots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Appeals. Whenever the Chief of the Fire Department or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision to the Advisory and Appeals Board, as established by and pursuant to Chapter 15.04, within 10 days from the date of the decision. 5 2008 Fire Code Ordinance 15.28.150 New materials, processes or occupancies, which may require permits. The Building and Safety Director, the Chief of the Fire Department and the Fire Marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2007 California Fire Code hereby adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. 15.28.180 Validity and severability. The City Council of the City of National City hereby declares that should any section or portion this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of National City that it would have passed all other portions of this ordinance independent of the elimination of any portion as may be declared invalid. It is further the intent of the City Council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may be so severed or construed so as to carry out the purpose and intent of this code. 15.28.190 Date of effect. This ordinance shall take effect and be in force from and after its approval as required by law. Section 4. Following its adoption, the City Clerk shall transmit a certified copy of this ordinance to the California State Building Standards Commission and the State Fire Marshal for filing in accordance with Health and Safety Code Section 17958.7 and 18941.4. PASSED and ADOPTED this day of ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney , 2008. Ron Morrison, Mayor 2008 Fire Code Ordinance 6 ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA MECHANICAL CODE, ADOPTING APPENDIX CHAPTERS 1, A, B, C, AND D OF SAID CODE, AND THE UNIFORM MECHANICAL CODE (2006 EDITION) FOR THOSE PROVISIONS NOT INCLUDED IN THE 2007 CALIFORNIA MECHANICAL CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2007 California Mechanical Code, Appendix Chapters 1, A, B, C, and D of said Code, and the Uniform Mechanical Code (2006 Edition) for those provisions not included in the 2007 California Mechanical Code. Section 2. The City Council of the City of National City hereby amends and deletes certain sections of the 2007 California Mechanical Code, and amends Chapter 15.14 of the National City Municipal Code to read as follows: Sections: 15.14.005 15.14.010 15.14.015 15.14.020 15.14.025 15.14.030 15.14.035 15.14.040 15.14.045 15.14.050 15.14.055 15.14.060 15.14.065 15.14.070 15.14.075 CHAPTER 15.14 CALIFORNIA MECHANICAL CODE* California Mechanical Code (2007 Edition) — Adopted Chapter 1, Administration — Deleted Appendix Chapter 1 — Administration — Adopted and amended Appendix Chapter 1 Section 108.3 — "Right of entry" — Amended Appendix Chapter 1 Section 110.0 — "Board of Appeals" — Amended Appendix Chapter 1 Section 111.0 — "Violations" — Amended Appendix Chapter 1 Section 114.4 — "Expiration" — Amended Appendix Chapter 1 Section 114.6 — "Permit denial" — Added Appendix Chapter 1 Section 115.1 — "Fees general" — Amended Appendix Chapter 1 Section 115.2 — "Permit fees" — Amended Appendix Chapter 1 Section 115.3 — "Plan review fees — Paragraph 3" — Amended Appendix Chapter 1 Section 115.4 — "Expiration of plan review "— Amended Appendix Chapter 1 Section 116.6 — "Re -inspections" — Amended Appendix Chapter 1 Table 1-1 — "Mechanical permit fees" — Deleted Appendix Chapters A, B, C and D — Adopted 1 2008 Mechanical Code Ordinance 15.14.005 2007 California Mechanical Code — Adopted. The city council adopts, and incorporates herein as the city mechanical code, for the purpose of prescribing in the City Of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances, in or on any building or structure or outdoors on any premises or property, the 2007 Califomia Mechanical Code, California Code of Regulations Title 24, Part 4, and the Uniform Mechanical Code, 2006 Edition for those provisions not included in the 2007 California Mechanical Code, except such portions as are deleted, added, or amended by this chapter, of which a copy of both have been and are now filed in the office of the Director of Building and Safety, and the same are adopted and incorporated as if fully set out at length in this chapter, shall be controlling within the city limits. 15.14.010 Chapter 1, Administration — Deleted. Chapter 1, Administration of the California Mechanical Code is deleted with the exception of the California Chapter 1-General Code Provisions Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.14.015 Appendix Chapter 1, Administration — Adopted as amended. Appendix Chapter 1, "Administration" is adopted subject to the additions, amendments, and deletions provided in this Chapter. 15.14.020 Appendix Chapter 1 Section 108.3 "Right of entry" — Amended. Section 108.3 of the California Mechanical Code is amended to read as follows: 108.3. Right of entry. When necessary to make an inspection to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Appendix Chapter 1 Section 110.0 "Board of Appeals" — Amended. Section 110.0 of the Califomia Mechanical Code is amended to read as follows: 110.0 Board of Appeals. The Advisory and Appeals Board is established by National Municipal Code Chapter 15.04. The Board shall have jurisdiction to review the items enumerated in Chapter 15.14 of the National City Municipal Code. 15.14.030 Appendix Chapter 1 Section 111.0 "Violations" — Amended. Section 111.0 of the Califomia Mechanical Code is amended to read as follows: 111.0 Violations. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 2 2008 Mechanical Code Ordinance 15.14.035 Appendix Chapter 1 Section 114.4 "Expiration" — Amended. Section 114.4 of the Califomia Mechanical Code is amended to read as follows: 114.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months of the date of issuance of the permit, or if he building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six months, or if the building or work authorized by the permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a' required inspection approval of the work by the Authority Having Jurisdiction within each six month period after the initial commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if a new permit or renewal permit is obtained, as specified below: 1. Permits where work has not commenced. For permits for which work has not commenced in the first six months from the date of issuance, a renewal permit may be issued, provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; and, (D) A fee equal to one half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the initial date of issuance. Where later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently suspended or abandoned as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to ne- quarter the amount for a new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of issuance of the original permit. 3 2008 Mechanical Code Ordinance 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of the time within which work under that permit may be continued, when for good and satisfactory reason the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permitee have prevented the action from being taken. Permits where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the retum of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a permit renewal may be obtained, provided that; (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. • A permit renewal in accordance with this sub -section shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A),(B) and (C) of this sub -section are met. 15.14.040 Appendix Chapter 1 Section 114.6 "Permit denial" — added. Section 114.6 of the California Mechanical Code is added to read as follows: 114.6 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.045 Appendix Chapter 1 Section 115.1 "Fees general" — Amended. Section 115.1 of the California Mechanical Code is amended as follows: 115.1 General. Fees shall be assessed in accordance with the fee schedule adopted by the City of National City in its current fee schedule. 15.14.050 Appendix Chapter 1 Section 115.2 "Permit fees" — Amended. Section 115.2 of the California Mechanical Code is amended as follows: The fee for each permit shall be as set forth in the current City of National City fee schedule. 15.14.055 Appendix Chapter 1 Section 115.3 Paragraph 3 — Amended. Section 115.3, paragraph 3 of the California Mechanical Code is amended as follows: When the plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of Nation& City fee schedule. 4 2008 Mechanical Code Ordinance 15.14.060 Appendix Chapter 1 Section 115.4 "Expiration of plan review" — Amended. Section 115.4 of the California Mechanical Code is amended to read as follows: 115.4. Expiration of Plan Review. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.14.065 Appendix Chapter 1 Section 116.6 — "Re -inspections" — Amended. Section 116.6 of the California Mechanical Code is amended to read as follows: 116.6 Paragraph 3. Re -inspections. To obtain a re -inspection, the permittee shall file an application therefore in writing upon a form provided for that purpose and shall pay a re -inspection fee as set forth in the National City Fee Schedule. 15.14.070 Appendix Chapter 1 Table 1-1 "Mechanical Permit Fees" — Deleted. Table 1-1, Mechanical Permit Fees is deleted. 15.14.075 Appendix Chapters A, B, C and D — Adopted. Appendix Chapters A, B, C and D of the California Mechanical Code are adopted. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 5 2008 Mechanical Code Ordinance CiTY OF NATIONAL CITY NOTICE OF SIX PUBLIC IIEARINGS AND 1NFEN 'I''1'0 ADOPT SEX ORDINANCES AND CODES AMENDING TIIE NATIONAL CITY MUNICIPAL CODE NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold public hearings after the hour of 6:00 p.m. Tuesday February 19, 2008, in the City Council Chambers, National City, California, to consider the following ordinances: 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, G, II and I, of the 2007 California Building Code, amending certain sections and adding certain sections; adopting the international Building Code 2006 Edition for those provisions not included in the 2007 California Building Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2209 and Chapter 15.08 of the National City Municipal Code. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter 1 and Appendices A, B, C and D of said code, amending certain sections and adding certain sections; adopting the Uniform Mechanical Code 2006 Edition for those provisions not included in the 2007 California Mechanical Code: providing penalties for violation thereof; and amending Ordinance No. 2002-2206 and Chapter 15.14 of the National City Municipal ('ode. 3. Adopting the 2007 California Plumbing Code, Appendix Chapter 1 of said code, amending certain sections and adding certain sections; adopting the Uniform Plumbing Code 2006 Edition for those provisions not included in the 2007 California Plumbing Code; adopting Table 2902.1 of the International Building Code, 2006 Edition; providing penalties for violation thereof; and amending Ordinance No. 2002-2208 and Chapter 15.20 of the National City Municipal Code. 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Code 2005 Edition for those provisions not included in the 2007 California Electrical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Code. 5. Adopting the 2007 California Energy Code; providing penalties for violation thereof; and adding Chapter 15.75 of the National City Municipal Code. 6. Adopting the 2007 California Fire Code, the appendices of said code, the National Fire Protection Association Standards, and the International Fire Code 2006 Edition, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Fire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-2211 and Chapter 15.28 of the National City Municipal Code. The ordinances listed above were given a first reading by title only at the regular meeting of the City Council on February 5, 2008. Pursuant to Government Code sections 50022.2 through 50022.4 and 6066, these codes may he adopted by reference after the public hearing. 1 Copies of the Codes and adopting ordinances have been tiled with the City Clerk and are available for inspection from the date of the first reading through the date of the public hearing on February 19, 2008. The provisions of Government Code sections 25124 and 36933 providing for publication of ordinances are being complied with. The ordinances will he given a second and final reading on February 19, 2008, and may be adopted at the Council Meeting of Febniary 19, 2008. This notice is dated January _, 2008. 2 Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 International Building Code, the 2006 Uniform Mechanical and Plumbing ('odes, the 2005 National Electric Code and the 2006 International Fire Code This year the California Building Standards Commission chose to adopt the 2006 International Building Code published by the International ('ode Council (ICC), as the model code, along with the 2006 Uniform Mechanical and Plumbing Codes, published by the International Association of Plumbing and Mechanical Officials (IAPMO), the 2005 National Electric Code published by the National Fire Protection Association (NFPA) and the 2006 international Fire Code, published by ICC_ California Building Code/International Building Code There are several significant changes brought about by these new codes, which include the change in determination of seismic zones. The past code established four seismic zones within the State of California, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction. The new code adopts six seismic areas, A, H, C, D, E and F and makes the design requirements more site specific which may lower some design criteria which in turn may reduce some of the costs of construction. This change allows a larger pallet of design criteria for the architects, engineers and designers; however, it requires the inclusion ofa soils report for nearly all projects that involve the expansion of existing buildings or the construction of new buildings. National City is expected to he inainly in seismic arca D due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the iBC changes the separation from wood to earth, including wood sheathing from 6" to 8", unless itis naturally durable (e.g. redwood) or is preservative treated wood. Another change to the codes involves the use of the term Authority Having Jurisdiction in place of Building Official. This change eliminates the requirement to change the position designation for other department heads. This is particularly appropriate for the City Of National City in view of the fact that we currently do not have a Building Official. The AIIJ is currently the Acting Director of Building and Safety. In the current code, the use of 5/8" anchor bolts with 2" x 2" x 3/1.6" washers was dictated by the fact that San Diego County was in seismic zone 4. With the new seismic area designations, some design criteria may again allow the use of 'A" anchor bolts under some conditions, to he determined by the designer of the project. The size of the anchor bolt washers, however has changed to 3" x 3" x 3/16" with a diagonal slot. The slot is to permit centering of the washer on the sill plates even though the anchor bolts may be slightly off center. 3 With the new code, Appendix 1, Patio Covers, the installation of glass windows is now pcnnittcd, except these glazed walls may not interfere with any openings which serve as emergency egress or rescue openings, such as bedroom windows. The code has changed with regard to both Tight and ventilation requirements and emergency egress from the first floor of a dwelling. 'I'he required light is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from 5% to 4%. Where the current code requires a minimum of 5.7 square feet of net clear opening for an emergency egress window, the new code requires only 5 square feet for bedroom windows on the first floor. Above the first floor, the 5.7 square feet of opening is still required. The other change to this egress requirement is that, instead of the maximum sill height being 44" above the floor, now the bottom of the clear _opening is to be a maximum of 44" above the floor which will necessitate the lowering of the window framing to account for the actual window frames. We have added a provision to each of the codes regarding the extension of permits. This added provision is designed to recognize the tact that National City supports the service men and women who are a vital part of our community. The adoptive ordinance section of each of the codes has a provision allowing the extension of permits for at least six months after the return of personnel who have been deployed to a foreign country. California Plumbing Code/Uniform Plumbing Code A major change to the Plumbing Code occurred with the allowance of CPVC piping for both hot and cold -water distribution in residential buildings. Its approval places requirements and restrictions for its use and installation on the contractor/installer and requires certification from contractors and sub -contractors with respect to worker safety. The use of this material as well as PEX products was not adopted in the previous code, and PEX is still not and accepted material. California Mechanical Code/Uniform Mechanical Code The Mechanical Code contains numerous editorial changes including an expanded list of definitions to clarify some of these changes. Chapter 5 contains numerous changes regarding venting. Chapters 3, 4, 7,and 9 contain changes which may be considered moderate in nature regarding fuel gas connections, combustion air and equipment installation. None of the changes appear to have significant impact. California Electric Code/National Electric Code The National Electric Code contains a number of changes that, for the most part, are minor and technical. A significant change that will affect us is the increased requirements regarding pool bonding measures. The new code extends the bonding grid of the pool to include the concrete decking, to a maximum of three feet from the pool edge that will require the decking to contain reinforcement in the form of a steel grid system which is to he bonded to the steel within the pool shell. Most of the other changes to the NEC are, again, editorial in nature. California Fire Code/International Fire Code There have been multiple Articles and Sections, which have received Language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few changes, which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, encompassing areas that previously were only covered within the National Fire Protection Association (NFPA) standards. A few of the areas now addressed are the requirements of fire sprinklers in rubbish and linen chutes used in multiple story buildings. Chapter 9, section 909 now addresses the need and use of smoke control systems within covered mall occupancies. Smoke systems provide for the tenable environment for the evacuation and or relocation of occupants. Smoke control systems are designed to maintain the smoke level within the occupancy at a level high enough to provide for clear air at the pedestrian level. Chapter 47, now further addresses requirements for Wildland-IJrhan Interface Fire areas. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm lire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix D Fire "Apparatus Access Roads" has increased its standards to reflect the ever -changing weight, design and dimensions of new fire apparatus. Approved fire apparatus access roads shall he provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. These sections will address but not limited too, turning radius, dead- ends, grade, road width etc. ORDINANCE ORDINANCE NO 2008- 000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA FIRE CODE, APPENDICES THERETO, AND NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS 1AZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND, ESTABLISHING A FIRE PREVENTION BUREAU, PROVIDING OFFICERS FOR SUCH BUREAU AND DEFINING THEIR POWERS AND DUTIES; REPEALING ORDINANCE NO. 2002-2211 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS CHAPTER, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE BE 1'I' ORDAINED by the City Council of the City of National City as follows: Section 1: The City Council of the City of National City hereby adopts the 2007 California Fire Code, the Intemational Fire Code 2007 Edition as amended by the State of California and the Appendices thereto, and the National Firc Protection Association Standards (most current edition) with the amendments set forth in Section 3 of this ordinance as the fire code for this city. Section 2: The City Council finds that the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create and increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be therefore filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code Sections 17958.7 and 18941.5. Section 3: Ordinance No. 2002-2211 of the City of National City and all other ordinances and parts of ordinances in conflict with this ordinance are herby repealed, and Chapter 15.28 of the National City Municipal Code is hereby amended to read as follows: Section: CHAPTER 15.28 CALIFORNIA FIRE CODE r Fire Code Ordinance 15.28.002 Findings and declarations 15.28.010 California Fire Code, 2007 Edition adopted 15.28.020 Establishment & Duties of Fire Prevention Bureau 15.28.030 Definitions 15.28.035 Establishment of Limits of Districts in which Storage of Cryogenic Fluids in Stationary Containers is Prohibited 15.28.040 Establishment of Limits of Districts in which Storage of Class 1 and 11 Liquids in Outside Abovegound Tanks is Prohibited — amended. 15.28.0.51) Estahlishment of limits in Which Storage of Liquefied Petroleum gases is Prohibited. 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —amended 15.28.07(1 Amendments made to the California Fire Code 15.28.080 Section 101.5 "Referenced Code" -amended 15.28.085 Section 307.4.1 "Bonfires" -amended 15.28.090 Section 307.4.2 "Recreational Fires" -amended 15.28.100 Section 1011.5.1 "Graphic" -amended 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" -supplemented 15.28.120 Section 503.2.7 "Grade" -amended 15.28.130 Section 503.6.1 "Gates" -amended 15.28.140 Appeals 15.28.150 New materials, processes or occupancies, which may require permits 15.28.160 Penalties 15.28.170 Repeal of conflicting ordinances 15.28.180 Validity and severability 15.28.190 Date of effect 15.28.002 Findings and declarations. The City Council of the City of National City, does hereby specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of National City does reasonably necessitate and demand specific changes in and variations from the 2007 California Fire Code, which are noted in and made part of this ordinance as authorized by Health and Safety ('ode Section 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2007 California Fire Code. There is hereby adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a Fire Prevention Bureau a certain code known as the 2007 California Fire Code, and the appendices thereto, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, and the whole thereof, save and except such portions as are hereinafter deleted, added, or amended. Within this Chapter 15.28, those codes may be collectively referred to as the California Fire Code. One (1) copy of this adopted code is on file in the Office of the Fire Chief of the City of National City. The code is hereby adopted ' Fire Code Ordinance and incorporated as fully as if set out as length herein, and from the date on which this ordinance shall take effect, shall be controlling within the limits of the City of National City. 15.28.020 Establishment and duties of Fire Prevention Bureau. A. The California Fire Code shall be enforced by the Fire Prevention Bureau in the Fire Department in the City of National City, which is hereby established and shall be operated under the supervision of the Chief of the Fire Department. B. The Battalion Chief/Fire Marshal in charge of the Fire Prevention Bureau shall he appointed by the Chief of the Fire Department of the City of National City. C. The Chief of the Fire Department may detail members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2007 California Fire Code shall mean the City of National City. B. Whenever the words "Chief of the Bureau of Fire Prevention" are used in the California Fire Code they shall be held to mean the Fire Marshal of the City of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it shall mean the currently adopted edition. D. Where the word "Administrator" is used in thc California Fire Code, it shall be held to mean the City Council of the City of National City. Whenever the term "City" is used it shall mean the City of National City. E. Where the term "Corporation Counsel" is used in the California Fire Code, it shall be held to mean the City Attorney for the City of National City. F. Fire Authority Having Jurisdiction (FAHJ) means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. This entity may also provide fire suppression and other emergency services. G. Whenever the terms "This Code" and "2006 International Fire Code" are used they shall mean the 2007 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this Chapter. 15.28.035 Establishment of Limits of Districts in which Storage of Cryogenic Fluids in Stationary Containers is Prohibited. Section 3204.3.1.1 of the 2007 California Fire Code is amended to read: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM; Medium Manufacturing, MH; Heavy Manufacturing, MT; Tidelands Manufacturing. Fire Code Ordinance 15.28.040 Establishment of Limits of Districts in which Storage of Class I and it Liquids in Outside Aboveground Tanks is Prohibited —amended. The limits referred to in Section 3404.2.9.5.1 and 3406.2.4.4 of the 2007 California Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: All areas within the City limits of the City of National City except for those areas zoned Commercial or Manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of Limits in which Storage of Liquefied Petroleum eases is Prohibited. The limits referred to in Section 3804.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas within the City limits of the City of National City, except for those areas zoned Commercial or Manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —amended. The permanent storage of explosives and/or blasting agents shall be strictly prohibited within the City limits of the City of National City. Temporary storage may he allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the Fire Marshal, there arc significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2007 California Fire Code. The geographical density of the City of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Section 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002; Findings and Declarations. 15.28.080 Section 101.5 "Referenced Codes" —amended. Section 101.5 of the 2007 California Fire Code is amended to read: 101.5 The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to he used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" -amended. Section 307.4.1 of the California Fire Code is amended to read: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. 49 Fire Code Ordinance limits. 15.28.090 Section 307.4.2 "Recreational Fires" —amended. Section 307.4.2 of the California Fire Code is amended to read: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City 15.28.100 Section 1011.5.1 "Graphics" —amended. Section 1011.5.1 of the California Fire Code is amended to read: 101 1.5.1. Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 nun) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "1," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" — supplemented. Section 316 of the 2007 California Fire Code is added as follows: 316. Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinlder system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions arc met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 "Grade" -amended. Section 503.2.7 of the 2007 California Fire Code is amended as follows: 503.2.7. Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. io Fire Code Ordinance 15.28.130 Section 503.6.1 "Security Gates" -amended. Section 503.6.1 of the 2007 California Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Appeals. Whenever the Chief of the Fire Department or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision to the Advisory and Appeals Board, as established by and pursuant to Chapter 15.04, within 10 days from the date of the decision. 15.28.150 New materials, processes or occupancies, which may require permits., The Building and Safety Director, the Chief of the Fire Department and the Fire Marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2007 California Fire Code hereby adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflictine ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. e dl Fire Cade Ordinance 15.28.180 Validity and severability. The City Council of the City of National City hereby declares that should any section or portion this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of National City that it would have passed all other portions of this ordinance independent of the elimination of any portion as may be declared invalid. It is further the intent of the City Council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may he so severed or construed so as to carry out the purpose and intent of this code. 15.28.190 Date of effect. This ordinance shall take effect and be in force from and after its approval as required by law. Section 4. Following its adoption, the City Clerk shall transmit a certified copy of this ordinance to the California State Building Standards Commission and the State Fire Marshal for filing in accordance with Health and Safety Code Section 17958.7 and 18941.4. PASSED and ADOPTED this day of , 2008. Ron Morrison, Mayor Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney /Z Fire Code Ordinance City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 5, 2008 AGENDA ITEM NO. 24 (rrEM TITLE An ordinance of the City Council of the City of National City introducing the California Mechanical Code, 2007 Edition and Uniform Mechanical, 2006 Edition. Amending ordinance No. 15.14 of Chapter 15 of the National City Municipal Code. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION State law requires that the City of National City adopt the California Mechanical Code, 2007 Edition. In addition the t Inifonn Mechanical Code, 2006 Edition is also being proposed for introduction. Technical amendments made to those codes needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Building Codes arc administrative in nature. 'I'he attached staff report addresses some of the more significant changes found in the codes mentioned above. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council introduce the Califomia Mechanical Code, 2007 Edition and Uniform Mechanical Code, 2006 Edition. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9/99) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA MECHANICAL CODE, ADOPTING APPENDIX CHAPTERS 1, A, B, C, AND D OF SAID CODE, AND THE UNIFORM MECHANICAL CODE (2006 EDITION) FOR THOSE PROVISIONS NOT INCLUDED IN THE 2007 CALIFORNIA MECHANICAL CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2007 California Mechanical Code, Appendix Chapters 1, A, B, C, and D of said Code, and the Uniform Mechanical Code (2006 Edition) for those provisions not included in the 2007 California Mechanical Code. Section 2. The City Council of the City of National City hereby amends and deletes certain sections of the 2007 California Mechanical Code, and amends Chapter 15.14 of the National City Municipal Code to read as follows: Sections: 15.14.005 15.14.010 15.14.015 15.14.020 15.14.025 15.14.030 15.14.035 15.14.040 15.14.045 15.14.050 15.14.055 15.14.060 15.14.065 15.14.070 15.14.075 CHAPTER 15.14 CALIFORNIA MECHANICAL CODE* California Mechanical Code (2007 Edition) — Adopted Chapter 1, Administration — Deleted Appendix Chapter 1 — Administration — Adopted and amended Appendix Chapter 1 Section 108.3 — "Right of entry" — Amended Appendix Chapter 1 Section 110.0 — "Board of Appeals" — Amended Appendix Chapter 1 Section 111.0 — "Violations" — Amended Appendix Chapter 1 Section 114.4 — "Expiration" — Amended Appendix Chapter 1 Section 114.6 — "Permit denial" — Added Appendix Chapter 1 Section 115.1 — "Fees general" — Amended Appendix Chapter 1 Section 115.2 —"Permit fees" — Amended Appendix Chapter 1 Section 115.3 — "Plan review fees — Paragraph 3" — Amended Appendix Chapter 1 Section 115.4 — "Expiration of plan review "— Amended Appendix Chapter 1 Section 116.6 — "Re -inspections" Amended Appendix Chapter 1 Table 1-1 — "Mechanical permit fees" — Deleted Appendix Chapters A, B, C and D — Adopted 1 2008 Mechanical Code Ordinance 15.14.005 2007 Califomia Mechanical Code — Adopted. The city council adopts, and incorporates herein as the city mechanical code, for the purpose of prescribing in the City Of National City, regulations goveming the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances, in or on any building or structure or outdoors on any premises or property, the 2007 California Mechanical Code, California Code of Regulations Title 24, Part 4, and the Uniform Mechanical Code, 2006 Edition for those provisions not included in the 2007 California Mechanical Code, except such portions as are deleted, added, or amended by this chapter, of which a copy of both have been and are now filed in the office of the Director of Building and Safety, and the same are adopted and incorporated as if fully set out at length in this chapter, shall be controlling within the city limits. 15.14.010 Chapter 1, Administration — Deleted. Chapter 1, Administration of the California Mechanical Code is deleted with the exception of the California Chapter 1-General Code Provisions Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.14.015 Appendix Chapter 1, Administration — Adopted as amended. Appendix Chapter 1, "Administration" is adopted subject to the additions, amendments, and deletions provided in this Chapter. 15.14.020 Appendix Chapter 1 Section 108.3 "Right of entry" -- Amended. Section 108.3 of the Califomia Mechanical Code is amended to read as follows: 108.3. Right of entry. When necessary to make an inspection to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe. dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Appendix Chapter 1 Section 110.0 "Board of Appeals" — Amended. Section 110.0 of the California Mechanical Code is amended to read as follows: 110.0 Board of Appeals. The Advisory and Appeals Board is established by National Municipal Code Chapter 15.04. The Board shall have jurisdiction to review the items enumerated in Chapter 15.14 of the National City Municipal Code. 15.14.030 Appendix Chapter 1 Section 111.0 "Violations" — Amended. Section 111.0 of the California Mechanical Code is amended to read as follows: 111.0 Violations. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 2 2008 Mechanical Code Ordinance 15.14.035 Appendix Chapter 1 Section 114.4 "Expiration" — Amended. Section 114.4 of the California Mechanical Code is amended to read as follows: 114.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months of the date of issuance of the permit, or if he building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six months, or if the building or work authorized by the permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of the work by the Authority Having Jurisdiction within each six month period after the initial commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if a new permit or renewal permit is obtained, as specified below: 1. Permits where work has not commenced. For permits for which work has not commenced in the first six months from the date of issuance, a renewal permit may be issued, provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; and, (D) A fee equal to one half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the initial date of issuance. Where later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently suspended or abandoned as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to ne- quarter the amount for a new permit shall be paid; (D) A renewal permit shall expire three calendar years from the dateof issuance of the original permit. 3 2008 Mechanical Code Ordinance 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of the time within which work under that permit may be continued, when for good and satisfactory reason the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permitee have prevented the action from being taken. Permits where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a permit renewal may be obtained, provided that; (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewal in accordance with this sub -section shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A),(B) and (C) of this sub -section are met. 15.14.040 Appendix Chapter 1 Section 114.6 "Permit denial' — added. Section 114.6 of the California Mechanical Code is added to read as follows: 114.6 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.045 Appendix Chapter 1 Section 115.1 "Fees general" — Amended. Section 115.1 of the California Mechanical Code is amended as follows: 115.1 General. Fees shall be assessed in accordance with the fee schedule adopted by the City of National City in its current fee schedule. 15.14.050 Appendix Chapter 1 Section 115.2 "Permit fees" — Amended. Section 115.2 of the California Mechanical Code is amended as follows: The fee for each permit shall be as set forth in the current City of National City fee schedule. 15.14.055 Appendix Chapter 1 Section 115.3 Paragraph 3 — Amended. Section 115.3, paragraph 3 of the Califomia Mechanical Code is amended as follows: When the plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 4 2008 Mechanical Code Ordinance 15.14.060 Appendix Chapter 1 Section 115.4 "Expiration of plan review" Amended. Section 115.4 of the California Mechanical Code is amended to read as follows: 115.4. Expiration of Plan Review. An applicationfor a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.14.065 Appendix Chapter 1 Section 116.6 — "Re -inspections" — Amended. Section 116.6 of the California Mechanical Code is amended to read as follows: 116.6 Paragraph 3. Re -inspections. To obtain a re -inspection, the permittee shall file an application therefore in writing upon a form provided for that purpose and shall pay a re -inspection fee as set forth in the National City Fee Schedule. 15.14.070 Appendix Chapter 1 Table 1-1 "Mechanical Permit Fees" — Deleted. Table 1-1, Mechanical Permit Fees is deleted. 15.14.075 Appendix Chapters A, B, C and D — Adopted. Appendix Chapters A, B, C and D of the California Mechanical Code are adopted. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 5 2008 Mechanical Code Ordinance CiTY OF NATIONAL CITY NOTICE.OF SIX PUBLIC HEARINGS AND INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING FILE NATIONAL CITY MUNICIPAi, CODE NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold public hearings after the hour of 6:00 p.m. Tuesday February 19, 2008, in the City Council Chambers, National City, California, to consider the following ordinances: 1. Adopting Volumes i and 11, Appendix Chapter 1, and Appendices C, G, H and 1, of the 2007 California Building Code, amending certain sections and adding certain sections; adopting the international Building Codc 2006 Edition for those provisions not included in the 2007 California Building Code: providing penalties for violation thereof; and amending Ordinance No. 2002-2209 and Chapter 15.08 of the National City Municipal Codc. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter I and Appendices A, B, C and D of said code, amending certain sections and adding certain sections; adopting the linifonn Mechanical Code 2006 Edition for those provisions not included in the 2007 California Mechanical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2206 and Chapter 15.14 of the National City Municipal Codc. 3. Adopting the 2007 California Plumbing Code, Appendix Chapter 1 of said code, amending certain sections and adding certain sections; adopting the Uniform Plumbing Code 2006 Edition for those provisions not included in the 2007 California Plumbing Code; adopting Table 2902.1 of the International Building Code, 2006 Edition; providing penalties for violation thereof; and amending Ordinance No. 2002-2208 and Chapter 15.20 of the National City Municipal Codc. 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Code 2005 Edition for those provisions not included in the 2007 California Electrical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Code. 5. Adopting the 2007 California Energy (`ode; providing penalties for violation thereof; and adding Chapter 15.75 of the National City Municipal Code. 6. Adopting the 2007 California Fire Code, the appendices of said code. the National Fire Protection Association Standards, and the International Fire Codc 2006 Edition, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Fire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-2211 and Chapter 15.28 of the National City Municipal Code. The ordinances listed above were given a first reading by title only at the regular meeting of the City Council on February 5, 2008. Pursuant to Government Code sections 50022.2 through 50022.4 and 6066, these codes may be adopted by reference after the public hearing. 1 Copies of the Codes and adopting ordinances have been filed with the City Clerk and are available for inspection from the date of the first reading through the date of the public hearing on February 19, 2008. The provisions of Government Code sections 25124 and 36933 providing for publication of ordinances are being complied with. The ordinances will be given a second and final reading on February 19, 2008, and may be adopted at the Council Meeting of -February 19, 2008. This notice is dated January , 2008. 2 Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 International Building Code, the 2006 Uniform Mechanical and Plumbing Codes, the 2005 National Electric Code and the 2006 International Fire Code This year thc California Building Standards Commission chose to adopt the 2006 International Building ('ode published by the International Code Council (ICC), as the model code, along with the 2006 Uniform Mechanical and Plumbing Codes, published by the international Association of Plumbing and Mechanical Officials (IAPMO), the 20(15 National Electric (.'ode published by thc National Fire Protection Association (NFPA) and the 2006 International Fire Code, published by ICC. California Building Code/International Building Code There are several significant changes brought about by these new codes, which include the change in determination of seismic zones. The past code established four seismic zones within the State of California, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction. The new code adopts six seismic areas, A, B, C, I), F, and F and makes the design requirements more site specific which may lower some design criteria which in turn may reduce some of the costs of construction. This change allows a larger pallet of design criteria for the architects, engineers and designers; however, it requires the inclusion of a soils report for nearly all projects that involve the expansion of existing buildings or the construction of new buildings. National City is expected to he mainly in seismic area D due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the iBC changes the separation from wood to earth, including wood sheathing from 6" to 8", unless it is naturally durable (e.g. redwood) or is preservative treated wood. Another change to the codes involves the use of the term Authority Having Jurisdiction in place of Building Official. This change eliminates the requirement to change the position designation for other department heads. This is particularly appropriate for the City Of National City in view of the fact that we currently do not have a Building Official. The AHJ is currently the Acting Director of Building and Safety. In the current code, the use of 5/8" anchor bolts with 2" x 2" x 3/16" washers was dictated by the fact that San Diego County was in seismic zone 4. With the new seismic area designations, some design criteria may again allow the use of V2" anchor bolts under some conditions, to be determined by the designer of the project. The size of the anchor bolt washers, however has changed to 3" x 3" x 3/16" with a diagonal slot. The slot is to permit centering of the washer on the sill plates even though the anchor bolts may be slightly off center. 3 With the new code, Appendix 1, Patio Covers, the installation of glass windows is now permitted, except these glazed walls may not interfere with any openings which serve as emergency egress or rescue openings, such as bedroom windows. The code has changed with regard to both light and ventilation requirements and emergency egress from the first floor of a dwelling. The required light is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from 5% to 4%. Where the current code requires a minimum of 5.7 square feet of net clear opening for an emergency egress window, the new code requires only 5 square feet for bedroom windows on the first floor. Above the first floor, the 5.7 square feet of opening is still required. The other change to this egress requirement is that, instead of the maximum sill height being 44" above the floor, now the bottom of the clear opening is to be a maximum of 44" above the floor which will necessitate the lowering of the window framing to account for the actual window frames. We have added a provision to each of the codes regarding the extension of permits. This added provision is designed to recognize the fact that National City supports the service men and women who are a vital part of our community. The adoptive ordinance section of each of the codes has a provision allowing the extension of permits for at least six months after the return of personnel who have been deployed to a foreign country. California Plumbing Code/Uniform Plumbing Code A major change to the Plumbing Code occurred with the allowance of CPVC piping for both hot and cold -water distribution in residential buildings. its approval places requirements and restrictions for its use and installation on the contractor/installer and requires certification from contractors and sub -contractors with respect to worker safety. The use of this material as well as PEX products was not adopted in the previous code, and PEX is still not and accepted material. California Mechanical Code/Uniform Mechanical Code The Mechanical Code contains numerous editorial changes including an expanded list of definitions to clarify some of these changes. Chapter 5 contains numerous changes regarding venting. Chapters 3, 4, 7,and 9 contain changes which may be considered moderate in nature regarding fuel gas connections, combustion air and equipment installation. None of the changes appear to have significant impact. California Electric Code/National Electric Code The National Electric Code contains a number of changes that, for the most part, are minor and technical. A significant change that will affect us is the increased requirements regarding pool bonding measures. The new code extends the bonding grid of the pool to include the concrete decking, to a maximum of three feet from the pool edge that will require the decking to contain reinforcement in the form of a steel grid system which is to be bonded to the steel within the pool shell. Most of the other changes to the NEC are, again, editorial in nature. California Fire Code/International Fire Code There have been multiple Articles and Sections, which have received language revisions. "These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following arc a few changes, which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, encompassing areas that previously were only covered within the National Fire Protection Association (NFPA) standards. A few of the areas now addressed are the requirements of fire sprinklers in nibbish and linen chutes used in multiple story buildings. Chapter 9, section 909 now addresses the need and use of smoke control systems within covered mall occupancies. Smoke systems provide for the tenable environment fur the evacuation and or relocation of occupants. Smoke control systems are designed to maintain the smoke level within the occupancy at a level high enough to provide for clear air at the pedestrian level. Chapter 47, now further addresses requirements for Wildland-Urban interlace Fire areas. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm tire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix 1) Fire "Apparatus Access Roads" has increased its standards to reflect the ever -changing weight, design and dimensions of new fire apparatus. Approved tire apparatus access roads shall he provided for every facility, huilding or portion of a huilding hereafter constructed or moved into or within the jurisdiction. 'These sections will address but not limited too, turning radius, dead- ends, grade, road width etc. Chapter 15.14 CALIFORNIA MECHANICAL CODE* Sections: 15.14.005 California Mechanical Code (2007 Edition) — Adopted 15.14.010 Chapter 1, ADMINISTRATION — Deleted 15.14.015 Appendix Chapter 1 —ADMINISTRATION - Adopted and Amended 15.14.020 Appendix Chapter 1 Section 108 3 — "Right of Entry" — Amended 15.14.025 Appendix Chapter 1 Section 110.0 — "Board of Appeals" — Amended 1.5.14.030 Appendix Chapter 1 Section 111.0 — "Violations" — Amended 15.14.035 Appendix Chapter 1 Section 114.4 - "Expiration"- Amended 15.14.040 Appendix Chapter 1 Section 114.6 — "Permit denial" — Added 15.14.045 Appendix Chapter 1 Section 115.0-1 — "Fees General" — Amended 15.14.0511 Appendix Chapter 1 Section 115.2 — "Permit Fees" — Amended 15.14.055 Appendix Chanter 1 Section 115.3 - "Plan Review Fees — Paragraph 3 Amended 15.14.050060 Appendix Chapter 1 Section 115.4 —"Expiration of Plan Review "— Amended 15.14.455065 Appendix Chapter 1 Section 116.6 — "Re -inspections" — Amended 15.14.060070 Appendix Chapter 1 Table 1-1— "Mechanical Permit Fees" — Deleted 1.5.14 _065075 Appendix Chapters A, B, C and D — Adopted Section 15.14.005 California Mechanical Code (2007 Edition) - Adopted The city council adopts, and incorporates herein as the city mechanical code, for the purpose of prescribing in the City Of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances, in or on any building or structure or outdoors on any premises or property, the 2007 California Mechanical Code, California (:ode of Regulations Title 24, Part 4, and the Uniform Mechanical Code, 2006 Edition for those provisions not included in the California Mechanical Code, except such portions as are deleted, added, or amendexi by this chapter, of which a copy of both have been and are now filed in the office of the Director of Building and Safety, and the same are adopted and incorporated as if fully set out at length in this chapter, and from March 10, 2008, the provisions shall be controlling within the city limits. 15.14.010 Chapter 1, ADMINISTRATION — Deleted Chapter I, ADMINISTRATION of the California Mechanical Code is deleted with the exception of the California Chapter 1-General Code Provisions Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.14.015 Appendix Chapter 1, Administration — Adopted as amended Appendix Chapter 1, ADMINISTRATION is adopted subject to the additions, amendments, and deletions provided in this Chapter. 15.14.020 Appendix Chapter 1 Section 108.3 "Right of Entry" — Amended Section 108.3 of the California Mechanical Code is amended to read: 108.3. Right of entry. When necessary to make an inspection to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority IIaving Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Appendix Chapter 1 Section 110.0 "Board of Appeals" — Amended Section 110.0 of the California Mechanical Code is amended to read: 110.0 Board of Appeals. The Advisory and Appeals Board is established by National Municipal Code Chapter 15.04. The Board shall have jurisdiction to review the items enumerated in Chapter 15.14 of the National City Municipal Code. 15.14.030 Appendix Chapter 1 Section 111.0 "Violations" - Amended Section 111.0 of the California Mechanical Code is amended to read: 1 11.0 Violations. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.03.5 Appendix Chapter 1 Section 114.4 "Expiration" - Amended Section 114.4 of the California Mechanical Code is amended to read: 114.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not conuuenced within six calendar months of the date of issuance of the permit, or if he building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six months, or if the building or work authorized by the permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of the work by the Authority I laving Jurisdiction within each six month period after the initial commencement of work authorized by such permit. In the event a permit has expired, a pennittee may recommence work only if a new permit or renewal permit is obtained, as specified below: 1. Permits where work has not commenced. For permits for which work has not commenced in the first six months from the date of issuance, a renewal permit may be issued, provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; and, (D) A fee equal to one half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the initial date of issuance. Where later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount for a new permit. 2. Permits where work has commenced. For pennits where work has commenced and was subsequently suspended or abandoned as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to ne-quarter the amount for a new permit shall be paid; (I)) A renewal permit shall expire three calendar years from the date of issuance of the original permit. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of the time within which work under that permit may be continued, when for good and satisfactory reason the pennittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permitee have prevented the action from being taken. Permits where the pennittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4.Permits that have exceeded three ycars[cil. For permits that have exceeded three years beyond the issuance date, a permit renewal may be obtained, provided that; (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been or will be made in the original plans and specifications for such work; 9 (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fix; is warranted, such lesser fee shall be paid. A permit renewal in accordance with this sub -section shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A),(B) and (C) of this sub -section are met. 15.14.40 Appendix Chapter 1 Section 114.6 "Permit denial" — added Section 114.6 of the California Mechanical Code is added to read: 114.6 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation oldie National City Municipal Code. 15.14.45 Appendix Chapter 1 Section 115.1 General — Amended Section 115.1 of the California Mechanical Code is amended as follows: 115.1 General. Fees shall be assessed in accordance with the fee schedule adopted by the City of National City in its current fee schedule. 15.14.50 Appendix Chapter 1 Section 115.2 Permit Fees. Amended Section 115.2 of the California Mechanical Code is amended as followstc21: The ice tur each. permit shill be as set forth in the current City of National City fee schedule. 15.14.55 Appendix C:hapter 1 Section 115.3 Para 3 - Amended Section 115.3 paragraph 3 of the California Mechanical Code is amended as follows:1c31 When the plans are incomplete or changed so as to require additional flan review, an additional plan review fee shall he charged at the rate shown in the current City of National City fee schedule. 15.14.60 Amended Appendix Chapter 1 Section 115.4 "Expiration of Plan Review" — Section 115.4 of the California Mechanical Code is amended to read: 10 Mtl 1 15.4. Expiration of Plan Review. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstratrxl. 15.14.65 Appendix Chapter 1 Section 116.6 —"Re-inspections" — Amended Section 116.6 of the California Mechanical Code is amended to read: 116.6 Paragraph 3. Re -inspections. To obtain a re -inspection, the perrnittce shall file an application therefore in writing upon a form provided for that purpose and shall pay a re -inspection fee as set forth in the National City Fee Schedule. 15.14.70 Appendix Chapter 1 Table 1-1 "Mechanical Permit Fees" — Deleted "fable 1-1, Mechanical Permit Fees is deleted. 15.14.75 Appendix Chapters A, B, C and 1) — Adopted Appendix Chapters A, B, C and D of the California Mechanical Code are adopted. Revised 1455, 12/17/07 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 5, 2008 AGENDA ITEM NO. 25 riEM TITLE An ordinance of the City Council of the City of National City introducing the California Plumbing Code 2007 Edition and Uniform Plumbing Code, 2006 Edition. Amending ordinance No. 15.20 of Chapter 15 of the National City Municipal Code. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION State law requires that the City. of National City adopt the California Plumbing Code, 2007 Edition. In addition the Uniform Plumbing (.'ode, 2006 Edition is also being proposed for introduction. Technical amendments made to those codes needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Building Codes are administrative in nature. l'he attached stall -report addresses some of the more significant changes found in the codes mentioned above. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council introduce the California Plumbing Code, 2007 Edition and Uniform Plumbing Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A GL( ATTACHMENTS ( Listed Below) Resolution No. Staff Reports A-200 (9/99) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2007 CALIFORNIA PLUMBING CODE, THE UNIFORM PLUMBING CODE (2006 EDITION) FOR THOSE PROVISIONS NOT INCLUDED IN THE 2007 CALIFORNIA PLUMBING CODE, TABLE 2902.1 OF THE INTERNATIONAL BUILDING CODE (2006 EDITION), AND APPENDIX CHAPTER 1 TO THE 2007 CALIFORNIA PLUMBING CODE, AMENDING ADDING, AND DELETING CERTAIN SECTIONS OF THESE CODES, AND AMENDING CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does hereby ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2007 California Plumbing Code, Appendix Chapter 1 of said Code, the Uniform Plumbing Code (2006 Edition), and Table 2902.1 of the International Building Code (2006 Edition), establishing regulations for the installation, maintenance and alteration of plumbing systems within the city. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the Codes stated herein, and amends Chapter 15.20 of the National City Municipal Code, to read as follows: Sections: 15.20.005 15.20.010 15.20.015 15.20.020 15.20.025 15.20.030 15.20.035 15.20.040 15.20.045 15.20.050 15.20.055 15.20.060 15.20.065 15.20.070 CHAPTER 15.20 CALIFORNIA PLUMBING CODE* California Plumbing Code (2007 Edition) — Adopted. Chapter 1, Administration — Deleted. Appendix Chapter 1 — Adopted and amended. Appendix Chapter 1 Section 102.2.2 "Right of entry" — Amended. Appendix Chapter 1 Section 102.3.2 "Penalties" — Amended. Appendix Chapter 1 Section 103.3.4 "Expiration" — Amended. Appendix Chapter 1 Section 103.3.6 "Permit denial" — Added. Appendix Chapter 1 Section 103.4.1 "Permit fees" — Amended. Appendix Chapter 1 Section 103.4.2 "Plan review fees" — Amended. Appendix Chapter 1 Section 103.5.6 "Reinspections" — Amended. Appendix Chapter 1 Section 103.10 "Advisory and Appeals Board" — Added. Appendix Chapter 1 Table 1-1 Plumbing permit fees — Deleted. Table No. 4.1 "Minimum plumbing facilities" — Deleted. Table 2902.1 Minimum number of required plumbing fixtures, of the International Building Code, (IBC) 2006 Edition — Adopted. 1 2008 Plumbing) Code Ordinance 15.20.005 California Plumbing Code (2007 Edition) Adopted. The city council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City Of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment, in or on any building or structure or outdoors on any premises or property, the 2007 California Plumbing Code, California Code of Regulations Title 24, Part 4, Appendix Chapter 1 of the 2007 California Plumbing Code, the Uniform Plumbing Code, 2006 Edition for those provisions not included in the 2007 California Plumbing Code, and Table 2902.1 of the International Building Code, 2006 Edition, of which a copy of all codes have been and are now filed in the office of the Director of Building and Safety, and the same are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits. 15.20.010 Administration — Deleted. Chapter 1, Administration of the 2007 California Plumbing Code, is deleted with the exception of the California Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.20.015 Appendix Chapter 1 — Adopted and amended. Appendix Chapter 1 of the 2007 California Plumbing Code is amended to read as follows: Appendix Chapter 1, ADMINISTRATION is adopted subject to the additions, amendments, and deletions contained in this Chapter. 15.20.020 Appendix Chapter 1 Section 102.2.2 Right of entry — Amended. Section 102.2.2 of the 2007 California Plumbing Code is amended to read as follows: 102.2.2 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.025 Appendix Chapter 1 Penalties — Amended. Section 102.3.2 of the 2007 California Plumbing Code is amended to read as follows: 102.3.2 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.20.030 Appendix Chapter 1 Section 103.3.4 Expiration — Amended. Section 103.3.4 of the 2007 California Plumbing Code is amended to read as follows: 103.3.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any 2 2008 Plumbing Code Ordinance time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of permit issuance. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection .approval of work by the Authority Having Jurisdiction within each six month period upon the initial commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if a new permit or renewal permit is obtained, as specified below: 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; (D) A fee equal to on -half the amount required for a new permit is paid; (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently suspended or abandoned, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one - quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of issuance of the original permit. 3 2008 Plumbing Code Ordinance 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits where the permittee has been deployed to a foreign country may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B) and (C) as stated in this subsection are met. 15.20.035 Appendix Chapter 1 Section 103.3.6 Permit denial — Amended. Section 103.3.6 of the 2007 California Plumbing Code is amended to read as follows: 103.3.6 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.20.040 Appendix Chapter 1 Section 103.4.1 Permit fees — Amended. Section 103.4.4 Permit Fees. The fee for each permit shall be set forth in the National City Fee Schedule adopted by the City Council. 15.20.045 Appendix Chapter 1 Section 103.4.2 Plan review fees — Amended. Section 103.4.2 of the 2007 Califomia Plumbing Code is amended to read as follows: 103.4.2 Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the fee schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the fee schedule. 4 2008 Plumbing Code Ordinance 15.20.050 Appendix Chapter 1 Section 103.5.6 Reinspections — Amended. The fourth paragraph of Section 103.5.6 of the 2007 California Plumbing Code is amended to read as follows: To obtain reinspection, the applicant shall file an application in writing upon a form furnished for that purpose and pay the reinspection fee as set forth in the National City fee schedule adopted by the City Council. 15.20.055 Appendix Chapter 1 Section 103.9 Advisory and Appeals Board — Added. Section 103.9 of the 2007 California Plumbing Code is added to read as follows: 103.9 Advisory and Appeals Board. The Advisory and Appeals Board is established by National City Municipal Code Chapter 15.04. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. 15.20.060 Appendix Chapter 1 Table 1-1 Plumbing permit fees — Deleted. Table 1-1 of Appendix Chapter 1, entitled Plumbing Permit Fees, is deleted. 15.20.065 Table 4-1 Minimum plumbing facilities — Deleted. Table 4-1 of Chapter 4, entitled Minimum Plumbing Facilities, is deleted. 15.20.070 Table 2902.1 Minimum number of required plumbing fixtures, of the International Building Code, (IBC) 2006 Edition — Adopted. Table 2902.1 of the International Building Code (IBC), 2006 Edition is hereby adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in table 2902.1 shall be considered individually by the Authority Having Jurisdiction. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 2007 California Building Code. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 5 2008 Plumbing Code Ordinance CITY OF NATIONAL, CITY NO'f10E OF SIX PIJBLIC HEARINGS AND INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING 1'HE NATIONAL, CITY MUNICIPAL CODE NOTICE IS IIEREBY GIVEN that the City Council of the City of National City wiII hold public hearings after the hour of 6:00 p.m. Tuesday February 19, 2008, in the City Council Chambers, National City, California, to consider the following ordinances: 1. Adopting Volumes 1 and 11, Appendix Chapter 1, and Appendices C, G, II and 1, of the 2007 California Building Code, amending certain sections and adding certain sections; adopting the International Building Code 2006 Edition for those provisions not included in the 2007 California Building Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2209 and Chapter 15.08 of the National City Municipal Code. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter 1 and Appendices A, B, C and D of said code, amending certain sections and adding certain sections; adopting the Uniform Mechanical Code 2006 Edition for those provisions not included in the 2007 California Mechanical Code; providing penalties for violation thereof; and amending Ordinance No. 2002-2206 and Chapter 15.14 of the National City Municipal Cocic. 3. Adopting the 2007 California Plumbing Code, Appendix Chapter 1 of said code, amending certain sections and adding certain sections; adopting the 1 Uniform Plumbing Codc 2006 Edition for those provisions not included in the 2007 California Plumbing Code; adopting Table 2902.1 of the International Building Code, 2006 Edition; providing penalties for violation thereof; and amending Ordinance No. 2002-2208 and Chapter 15.20 of the National City Municipal Code. 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Code 2005 Edition for those provisions not included in the 2007 California Electrical Codc; providing penalties for violation thereof; and amending Ordinance No. 2(102-2207 and Chapter 15.24 of the National City Municipal Code. 5. Adopting the 2007 California Energy Code; providing penalties for violation thereof; and adding Chapter 15.75 of the National City Municipal Code. 6. Adopting the 2007 California Fire Code, the appendices of said code, the National Fire Protection Association Standards, and the International Fire Code 2006 Edition, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Fire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-2211 and Chapter 15.28 of the National City Municipal Code. The ordinances listed above were given a first reading by title only at the regular meeting of the City Council on February 5, 2008. Pursuant to Government Code sections 50022.2 through 50022.4 and 6066, these cocks rnay be adopted by reference after the public hearing. Copies of -tile Codes and adopting ordinances have been filed with the City Clerk and arc available for inspection from the date of the first reading through the date of the public hearing on February 19, 2008. The provisions of Goverwunent Code sections 25124 and 36933 providing for publication of ordinances are being complied with. The ordinances will be given a second and final reading on February 19, 2008, and may he adopted at the Council Meeting ofFehniary 19, 2008. This notice is dated January `, 2008. 2 Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 lnteniational Building Code, the 2006 Uniform Mechanical and Plumbing Codes, the 2005 National Electric Code and the 2006 international Fire Code This year the California Building Standards Commission chose to adopt the 2006 International Building Code published by the international Code Council (ICC), as the model code, along with the 2006 Uniform Mechanical and Plumbing Codes, published by the International Association of Plumbing and Mechanical Officials (iAPMO), the 2005 National Electric Code published by the National Fire Protection Association (NFPA) and the 2006 International Fire Code, published by ICC. California Building Code/International Building Code There are several significant changes brought about by these new codes, which include the change in determination of seismic zones. The past code established four seismic zones within the State of California, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction. The new code adopts six seismic areas, A, B, C, D, E and F and makes the design requirements more site specific which may lower some design criteria which in tuni may reduce some of the costs of construction. This change allows a larger pallet of design criteria for the architects, engineers and designers; however, it requires the inclusion of a soils report for nearly all projects that involve the expansion of existing buildings or the constniction of new buildings. National City is expected to he mainly in seismic area U due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the IBC changes the separation from wood to earth, including wood sheathing from 6" to 8", unless it is naturally durable (e.g. redwood) or is preservative treated wood. Another change to the codes involves the use of the tenn Authority Having Jurisdiction in place of Building Official. This change eliminates the requirement to change the position designation for other department heads. This is particularly appropriate for the City Of National City in view of the fact that we currently do not have a Building Official. The AHJ is currently the Acting Director of Building and Safety. In the current code, the use of 5/8" anchor bolts with 2" x 2" x 3/16" washers was dictated by the fact that San Diego County was in seismic zone 4. With the new seismic area designations, some design criteria may again allow the use of'W' anchor bolts under some conditions, to be determined by the designer of the project. The size of the anchor bolt washers, however has changed to 3" x 3" x 3/16" with a diagonal slot. The slot is to permit centering of the washer on the sill plates even though the anchor bolts may be slightly off center. 3 With the new code, Appendix 1, Patio Covers, the installation of glass windows is now permitted, except these glazed walls may not interfere with any openings which serve as emergency egress or rescue openings, such as bedroom windows. The code has changed with regard to both light and ventilation requirements and emergency egress from the first floor of a dwelling. The required light is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from 5% to 4%. Where the current code requires a minimum of 5.7 square feet of net clear opening for an emergency egress window, the new code requires only 5 square feet for bedroom windows on the first floor. Above the first floor, the 5.7 square feet of opening is still required. The other change to this egress requirement is that, instead of the maximum sill height being 44" above the floor, now the bottom of the clear opening is to be a maximum of 44" above the floor which will necessitate the lowering of the window framing to account for the actual window frames. We have added a provision to each of the codes regarding the extension of permits. This added provision is designed to recognize the fact that National City supports the service men and women who are a vital part of our community. The adoptive ordinance section of each of the codes has a provision allowing the extension of permits for at least six months after the return of personnel who have been deployed to a foreign country. California Plumbing Code/Uniform Plumbing Code A major change to the Plumbing Code occurred with the allowance of CPVC piping for both hot and cold -water distribution in residential buildings. Its approval places requirements and restrictions for its use and installation on the contractor/installer and requires certification from contractors and sub -contractors with respect to worker safety. The use of this material as well as PEX products was not adopted in the previous code, and PEX is still not and accepted material. California Mechanical Code/Uniform Mechanical Code The Mechanical Code contains numerous editorial changes including an expanded list of definitions to clarify some of these changes. Chapter 5 contains numerous changes regarding venting. Chapters 3, 4, 7,and 9 contain changes which may be considered moderate in nature regarding fuel gas connections, combustion air and equipment installation. None of the changes appear to have significant impact. California Electric Code/National Electric Code The National Electric Code contains a number of changes that, for the most part, arc minor and technical. A significant change that will affect us is the increased requirements regarding pool bonding measures. The new code extends the bonding grid of the pool to include the concrete decking, to a maximum of three feet from the pool edge that will require the decking to contain reinforcement in the form of a steel grid system which is to be bonded to the steel within the pool shell. Most of the other changes to the NEC are, again, editorial in nature. California Fire Code/international Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few changes, which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, encompassing areas that previously were only covered within the National Fire Protection Association (NFPA) standards. A few of the areas now addressed are the requirements of fire sprinklers in rubbish and linen chute used in multiple story buildings. Chapter 9, section 909 now addresses the need and use of smoke control systems within covered mall occupancies. Smoke systems provide for the tenable environment for the evacuation and or relocation of occupants. Smoke control systems are designed to maintain the smoke level within the occupancy at a level high enough to provide for clear air at the pedestrian level. Chapter 47, now further addresses requirements for Wildland-Urban Interface Fire areas. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix D Fire "Apparatus Access Roads" has increased its standards to reflect the ever -changing weight, design and dimensions of new fire apparatus. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. These sections will address but not limited too, turning radius, dead- ends, grade, road width etc. Chapter 15.20 CALIFORNIA PLUMBING CODE* Sections: 15.20.005 California Plumbing Code (2007 Edition) — Adopted 15.20.01(1 Chapter 1, Administration — Deleted 15.20.1115 Appendix Chapter 1 — Adopted and Amended 15.20.020 Appendix Chapter 1 Section 102.2.2 "Right of entry" - Amended 15.20.025 Appendix Chapter 1 Section 1023.2 "Penalties" - Amended 15.20.030 Appendix Chapter 1 Section 103.3.4 "Expiration" - Amended 15.20.035 Appendix Chapter 1 Section 1033.6 "Permit denial" - Added 15.20.040 Appendix Chapter 1 Section 103.4.1 "Permit fees" — Amended 15.20.45 Appendix C....plcr , Section-403 4 20 5(? 15.20.55045 Appendix Chapter 1 Section 103.4.2 "Plan review fees" — Amended 15.20_60050 Appendix Chapter 1 Section 103.5.6 "Re -inspections" - Amended 15.20. 65055 Board" — Appendix Chapter 1 Section 103.10 "Advisory and Appeals Added 15.20_70060 Appendix Chapter 1 Table 1-1 Plumbing Permit Fees — Deleted 15.20.75065 Table No. 4.1 "Minimum plumbing facilities" — Not adopted 15.20_80070 Table No. 2902.1 of the 2006 International Building Code (IBC) - Adopted Section: 15.20.05 California Plumbing Code Adopted The city council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City Of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment, in or on any building or structure or outdoors on any premises or property, the 2007 California Plumbing Code, California Code of Regulations Title 24, Part 4, the Uniform Plumbing Code, 2006 Edition for those provisions not included in the 2007 California Plumbing Codc, and Table 2902.1 of the international Building Code, 2006 Edition, of which a copy of all codes have been and are now tiled in the office of the Director of Building and Safety, and the same arc adopted and incorporated as it' fully set torth in this chapter, and from March 10, 2008, the provisions shall he controlling within the city limits. 15.20.10 Administration — Deleted Chapter I, ADMINISTRATION of the 2007 California Plumbing Codc is deleted with the exception of the California Matrix Adoption Table which includes those sections mandated to be enforced by the Authority Having Jurisdiction. 15.20.15 Appendix Chapter 1 — Adopted and amended Appendix Chapter', ADMINISTRATION is adopted subject to the additions, amendments, and deletions contained in this Chapter. 15.20.20 Appendix Chapter 1 Section 102.2.2 Right of Entry — Amended Section 102.2.2 of the 2007 California Plumbing Code is amended to read: 102.2.2 102.2.2 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.25 Appendix Chapter 1 Penalties — Amended •Section 102.3.2 oldie 2007 California Plumbing Code is amended to read: 102.3.2 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal ('ode. 15.20.30 Appendix Chapter 1 Section 103.3.4 Expiration — Amended Section 103.3.4 of the 2007 California Plumbing Code is amended to read: 103.3.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall he presumed to have commenced if the permittee has Obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of pem►it issuance. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority !laving Jurisdiction within each six month period upon the initial commencement of work authorized by such permit. In the event a permit has expired, a permitter may reconunenec work only if a new permit or renewal permit is obtained, as specified below: 1.. Permits where work has not commenced For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) 'The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes are in effect as used in the initial plan check; (1)) A fee equal to on -half the amount required for a new permit is paid; (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall he paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently suspended or abandoned, a renewal permit may be obtained provided that: (A) No changes have been tnade or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of issuance of the original permit. 3. -3--Extension of an unexpired permit. For an extension of a permit which has not yet expired, the perniittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittec is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the pennittee for a period not exceeding 6 calendar months beyond the expiration date in effect at the time of the extension application, upon written request by thc permittee showing that circumstances beyond the control of the permittcc have prevented action from being taken. Permits where the pennittee has been deployed to a foreign country. may be held in abeyance until six months after the return of the pennittee from his/her deployment if necessary, upon application for such relief by the mrmittee. 4. Permits that have exceeded three yearstcif. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided thattc21: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will he made in thc original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall he paid. The maximum life of a pernzit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (I3) and (C) as stated in this subsection are met. fe31 15.20.35 Appendix Chapter 1 Section 103.3.6 Permit denial — Added Section 103.3.6 of the 2007 California Plumbing Code is amended to read: 103.3.6 Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.20.40 Appendix Chapter 1 Section 103.4.1 Permit fees - Amendedfc41 Section 103.4.4-1 Permit Fees. The fee for each permit shall be set torch in the fee schedule adopted by the City Council. t01 15.20.45Appendix Chapter 1 Section 103.1._ Permit fees A-mendedtek1 15.20. dedo1 15.20.5,5045 Appendix Chapter 1 Section 103.4.2 Plan r-ewiew-Review fees — Amended Section 103.4.2 of the 2007 California Plumbing Code is amended to read: 103.4.2 103.1.2_Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the fee schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review tee, the fee shall be as per the fee schedule. 15.20.66050 Appendix Chapter 1 Section 103.5.6 Re -inspections -- Amended '[he fourth paragraph of Section 103.5.6 of the 2007 California Plumbing Code is amended to read: (0 .1111101111191.0, To obtain re -inspection, the applicant shall file an application in writing upon a fonn furnished for that purpose and pay the re_inspection fee as set forth in the National City fee schedule adopted by the City Council. 15.20.65055 Appendix Chapter 1 Section 103.9 Advisory and Appeals Board — Added Section 103.9 of the 2007 California Plumbing Code is added to read: 103.9 Advisory and Appeals Board. The Advisory and Appeals Board is estahlishcd by National City Municipal Code Chapter 15.04. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. 15.20.60 Appendix Chapter 1 Table 1-1 Plumbing Permit Fees — Deleted Table 1-1 of Appendix Chapter 1, entitled Plumbing Permit Fees is deleted. 15.20.65,1- 15.20.065Table 4-1 Minimum plumbing facilities — Deleted Table 4-1 of Chapter 4, entitle Minimum Numbing Facilities is deleted. -1-5 30.65.1.15.20.070Table 2902.1 Minimum number of required plumbing fixtures, of the International Building Code, (IBC) 2006 Edition — Adopted Table 2902.1 of the International Building Code (IBC), 2006 Edition is hereby adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in table 2902.1 shall be considered individually by the Authority Having Jurisdiction. The number of occupants shall be determined by this code. Occupancy classification shall he determined in accordance with Chapter 3 of the 2007 California Building Code. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE February 5, 2008 AGENDA ITEM NO. 26 / ITEM TITLE An Introduction of An Ordinance of the City Council of the City of National City adopting Appendix J of the 2007, California Building Code, Amendments to Title 15, Chapter 15.70 (Grading) of the National City Municipal Code PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION The new Storm Water Permit, Order 2007-0001 issued by the Regional Water Quality Control Board on January 24, 2007 required amendments to Title 15, Chapter 15.70 (Grading) to be in effect within 425 days (March 24,2008) of permit issuance. 2 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMEND ION inan M ss1o1�R Ord / CO ECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. Amendments to Ordinance l cd A-200 (Rev. 7/03) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING APPENDIX J OF THE 2007 CALIFORNIA BUILDING CODE AND AMENDING CHAPTER 15.70 (GRADING) OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City Of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts Appendix J of the 2007 California Building Code. Section 2. The City Council of the City Of National City hereby amends Title 15, Chapter 15.70 of the National City Municipal Code to read as follows: Sections: 15.70.005 15.70.010 15.70.015 15.70.020 15.70.025 15.70.030 15.70.035 15.70.040 15.70.045 15.70.050 15.70.055 15.70.060 15.70.065 15.70.070 15.70.075 15.70.080 15.70.085 CHAPTER 15.70 GRADING Appendix J of the 2007 Califomia Building Amended. Appendix J of the 2007 California Building Preparation — Amended. Appendix J of the 2007 California Building Amended. Appendix J of the 2007 California Building — Amended. Appendix J of the 2007 California Building Slope — Amended. Appendix J of the 2007 California Building J108.1, Drainage Dimensions — Amended. Appendix J of the 2007 Califomia Building Protection — Amended. Appendix J of the California Building Code Appendix J of the California Building Code Appendix J of the California Building Code Appendix J Section J110.1 Erosion Contro Grading Fees. Completion of Work. Rough Grading Permit. Parking Lots. Bonds. Violation A Misdemeanor. Code, Section J107.1 Fills — Code, Section J107.2 Surface Code, Section J107.4 Fills — Code, Section J108.1 General Code, Section J108.2 Top of Code, Section J108, Figure Code, Section J108.3, Slope , Section J109.4 — Amended. , Section J109.5 — Added. , Section J109.6 — Added. I — Amended. 1 15.70.005 Adoption of Appendix J of the 2007 California Building Code — Amended. There is adopted by the city council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits and providing for the inspection thereof, Appendix J of the 2007 California Building Code, subject to the amendments, additions and deletions set forth in this chapter. A copy of this adopted code is on file in the office of the City Engineer. 15.70.010 Purpose. The purpose of this ordinance is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the Maximum Extent Practicable, Pollutants entering the Storm Water Conveyance System and Waters of the State to protect water quality. 15.70.015 Appendix J of the 2007 California Building Code, Section J101 General, Subsection 1 Scope — Amended. Section J101, Subsection 1 of the 2007 California Building Code is amended to read as follows: J101.1 Scope. This ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. 15.70.020 Appendix J of the 2007 California Building Code, Section J102 Definitions — Amended. The following shall be supplementary to, or modify certain definitions given in the 2007 California Building Code in Appendix J Section J102. All other definitions listed in the 2007 Building Code shall remain applicable. Section J102 of the 2007 California Building Code is amended to read as follows: APPROVAL. The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. AUTHORITY HAVING JURISDICTION. The Authority Having Jurisdiction means the City Engineer of the City of National City and any duly authorized representative. BEST MANAGEMENT PRACTICES OR BMPS - means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to Storm Water, Receiving Waters, or the Storm Water Conveyance System. Best Management Practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. Best Management Practices may include any type of pollution prevention and pollution control measure, which the City Engineer finds, is necessary to reduce pollutants entering the Waters of the State to the Maximum Extent Practicable. BUILDING OFFICIAL - Means the City Engineer. 2 CIVIL ENGINEER - Is a professional engineer registered in the state to practice in the field of civil works. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN - A plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a Registered Civil Engineer, an Architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineer. If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION CONTROL PLAN - is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION CONTROL SYSTEM - means any combinations of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE - Means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE OR MEP - means the standard established by Congress in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of Storm Water must meet. MEP is an acceptability standard for Best Management Practices based on a level of pollutant reduction that can be achieved by the most effective set of BMPs that can be implemented and still remain practicable; MEP generally emphasizes pollution prevention and source control BMPs as the first line of defense in combination with treatment methods as a backup. PERMITTEE - means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity, which submits an application for a permit pursuant to this Chapter. POLLUTANT - means any agent that may cause or contribute to the degradation of water quality, including, but not limited to, Earth Materials. RAINY SEASON - means the period beginning October 1st and ending April 30`h in the next calendar year. The remainder of the year is the Dry Season. RETAINING WALL PLAN - A plan prepared by a registered Civil Engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in excess of 3 feet in height, measured from the top of the footing, to the top of the wall, and for walls less than or equal to 3 feet in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. 3 STORM WATER CONVEYANCE SYSTEM - means private and public drainage facilities within the City of National City by which Storm Water may be conveyed to Waters of the United States, including but not limited to, streets, roads, catch basins, natural and artificial channels, natural and artificial drainage features, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic and current development makes use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the Storm Water Conveyance System regardless of whether they are natural, man-made, or partially modified features. WATERS OF THE STATE means any water, surface or underground, including saline waters within the boundaries of Califomia. The definition of the "Waters of the State" is broader than that for the "Waters of the United States" in that all water in the State is considered to be a "Waters of the State" regardless of circumstances or condition. Under this definition, a municipal storm sewer system (MS4) is always considered to be a "Waters of the State". [California Water Code Section 13050 (e)]. WATERS OF THE UNITED STATES means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands. [40 Code of Federal Regulations section 122.2.]" 15.70.025 Hazards and Safety Precautions. If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The Permittee shall be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from Permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the City Engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. The Permittee shall incur cost associated with any work outlined in this section. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any public way, or create an unreasonable hazard to person or property, or cause or contribute to an exceedance of state water quality objectives, or fail to reduce pollutants from the site to the Maximum Extent Practicable. 15.70.030 Appendix J of the 2007 California Building Code, Section J103 Permits Required, Subsection.2.1 Exemptions — Amended. Section J103.2.1 of the 2007 California Building Code is amended to read as follows: 1. When approved by City Engineer, grading in an isolated or self- contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties. 15.70.035 Appendix J of the 2007 California Building Code Exemptions, Section J103.2.2 — Amended. Section L103.2.2 of the 2007 California Building Code is amended to read as follows: 4 2. AMENDED - An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1525 mm) after the completion of such structure. 15.70.040 Appendix J of the 2007 California Building Code Exemptions, Section J103.2.5 — Amended. Section J103.2.5 of the 2007 California Building Code is amended to read as follows: 5. Excavations for wells or trenches for utilities on private property. 15.70.045 Appendix J of the 2007 California Building Code Exemptions, Section J103.2.6 — Amended. Section J103.2.6 of the 2007 California Building Code is amended to read as follows: 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. 15.70.050 Appendix J of the 2007 California Building Code Exemptions, Section J103.2.8. Section J103.2.8 of the 2007 California Building Code is added to read as follows: 8. A retaining wall less than or equal to three (3) feet in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building. However, the construction of the retaining wall shall comply with the Regional Standard Drawings. 15.70.055 Appendix J of the 2007 California Building Code Exemptions, Section J103.2.9. Section J103.2.9 of the 2007 California Building Code is added to read as follows: 9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course. 15.70.060 Appendix J of the 2007 California Building Code, Section J104.5 Engineered Grading Requirements. Section J104.5 of the 2007 California Building Code is added to read as follows: J104.5 Engineered Grading Requirements - Application for a grading permit shall be accompanied by a work schedule including details of the hauling operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as may be required by the City Engineer and all 5 relevant information listed in the plan checklists as developed by the City Engineer. 15.70.065 Appendix J of the 2007 California Building Code. Section J104.6 Regular Grading and Retaining Wall Construction Requirements. Section J104.6 of the 2007 California Building Code is added to read as follows: J104.6 Regular Grading and Retaining Wall Construction Requirements — Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity to indicate the nature and extent of the work, supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be prepared and signed by a registered Civil Engineer when required by the City Engineer, and shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. 4. All other relevant information listed in the plan checklists as developed by the City Engineer. 15.70.070 Appendix J of the 2007 California Building Code, Section J104.7 Licenses and Insurance — Added. Section J104.7 of the 2007 Califomia Building Code is added to read as follows: J104.7 Licenses and Insurance — Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: I. Coverage of general liability insurance and worker's compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its officers, agents and employees as additional insured. II. City Business License, to be obtained from the City Revenue and Recovery Coordinator. III. Appropriate State Contractor License 15.70.075 Appendix J of the 2007 California Building Code, Section J104.8 Conditions — Added. Section J104.8 of the 2007 Califomia Building Code is added to read as follows: A. Standards. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Standard Specifications for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. 6 B. Water Quality. It shall be a condition of every permit issued under this Chapter that the Permittee shall comply with all the provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code. C. Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. D. Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. E. Standard Urban Storm Water Mitigation Plan (SUSMP) Checklist. A SUSMP checklist as created by the City Engineer shall be submitted with plans 15.70.080 Appendix J of the 2007 California Building Code, Section J105.3 Inspections — Added. Section J105.3 of the 2007 California Building Code is added to read as follows: J105.3 The Permittee or his agent shall notify the City Engineer: A. Initial inspection (pre -construction conference) - when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The pre -construction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. B. Toe of fill inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed. C. Excavation Inspection - After excavation and placement is started, but before the vertical depth of the excavation exceeds 10 feet. D. Fill Inspection. After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. E. Drainage Device Inspection - Before and after forms and reinforcement are in place, but before any concrete is placed F. Rough Grading. Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty-four hours before inspection is to be made. G. Final Inspection. Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. H. In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. I. Modification of approved plans. if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 7 15.70.085 Appendix J of the 2007 California Building Code, Section J106.1 (2) Exceptions — Amended. Section J106.1 (2) of the 2007 California Building Code is added to read as follows: J106.1 (2) A cut surface in bedrock shall be permitted to be at a slope of 1 horizontal to 1 vertical (100%) only when approved by the City Engineer. 15.70.090 Appendix J of the 2007 California Building Code, Section J107 Fills. Subsection 1 General — Amended. Subsection J107.1 of the 2007 California Building Code is amended to read as follows: J107.1 General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures. 15.70.095 Appendix J of the 2007 California Building Code, Section J107 Fills, Subsection 2 Surface Preparation, — Amended. Subsection J107.2 of the 2007 California Building Code is amended to read as follows: J107.2 Surface preparation. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non -complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of fill shall be at least 10 feet (3048 mm) wide. The area beyond the toe of fill shall be at least 10 ft (3048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both, as a suitable foundation for fill. 15.70.100 Appendix J of the 2007 California Building Code, Section J107 Fills, Subsection 4 — Amended. Subsection J107.4 of the 2007 California Building Code is amended to read as follows: J107.4 Fill Material. Organic material shall not be permitted in fills. Except as permitted by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills Exception: The City Engineer may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approved the fill stability. The following conditions shall also apply: 1 Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2 Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. 3 Rocks shall be placed so as to assure filling of all voids with well -graded soil. 8 15.70.105 Appendix J of the 2007 California Building Code, Section J108 Setbacks, Subsection 1 General — Amended. Subsection J108.1 of the 2007 California Building Code is amended to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in amended FIGURE J108.1 as shown in this chapter. 15.70.110 Appendix J of the 2007 California Building Code, Section J108.Setbacks, Subsection 2 Top of Slope — Amended. Subsection J108.2 of the 2007 California Building Code is amended to read as follows: J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in amended Figure J108.1 as shown in this chapter, or than is required to accommodate any required interceptor drains, whichever is greater. 15.70.115 Appendix J of the 2007 California Building Code, Section J108 Setbacks, Figure J108.1, Drainage Dimensions — Amended. Figure J108.1 of the 2007 California Building Code is amended to read as follows: Property Line H12 but 2 ft. (610 mm) minimum and need not exceed '? 20 ft. (6096 mm) Amended Figure J108.1 Drainage Dimensions I-1/5 but 2 it. (610 mm) r nrntnum and need not exceed 10 ft. (3048 mm) Top of Slope Natural or Finish Grade Cut or Fill Slope \, Property I ine Top o Slope Natural or Finish \ Grade Interceptor Dram (if required) 15.70.060 Appendix J of the 2007 California Building Code, Section J108 Setbacks, Subsection.3 Slope Protection — Amended. Subsection J108.3 of the 2007 California Building Code is amended to read as follows: 9 J108.3 Slope Protection. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the City Engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: 1. Additional setbacks 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. 15.70.065 Appendix J of the California Building Code, Section J109 Drainagee and Terracing, Subsection.4 Drainage — Amended. Subsection J109.4 of the 2007 California Building Code is amended to read as follows: J109.4 Drainage Across property lines. Surface runoff shall not be permitted to flow from one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15.70.065 Appendix J of the California Building Code, Section J109 Drainage and Terracing, Subsection.5 Surface Run-off Interception — Added. Subsection J109.5 of the 2007 California Building Code is added to read as follows: J109.5 Surface Run-off Interception. Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities. 15.70.065 Appendix J of the California Building Code, Section J109 Drainage and Terracing, Subsection.6 Easements and Encumbrances— Added. Subsection J109.6 of the 2007 California Building Code is added to read as follows: J109.6 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the. applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. 15.70.070 Appendix J Section J110 Erosion Control, Subsection 3 Stormwater Erosion and Sediment — Added. Subsection J110.3 of the 2007 Califomia Building Code is added to read as follows: J110.3 Stormwater Erosion and Sediment. A. Plans for an erosion control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion control system shall comply with 10 the requirements of the latest National Pollutant Discharge Elimination System permit and Chapter 14.22 of this Code to satisfy the requirements for erosion control and eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address and signature of the Civil Engineer or person who prepared the plan; 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion control system standards shall be as follows: 1. The faces of cut -and -fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the engineer of work, to avoid failure of the earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field- testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. 4. Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this 11 work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 8. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with less than five percent grade shall be fully covered unless sediment control is provided through desiltation basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. 9. Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. If feasible, Permittee shall grade only during the dry season, especially in areas at high risk for erosion. b. Permittee shall minimize the length of time that soils are left exposed to elements of wind and water. c. If grading must occur during the rainy season, the total area of exposed soil shall be reduced during the rainy season. d. Critical areas, such as drainage channels, streams and natural watercourses shall be properly protected. e. Exposed areas shalt be stabilized as quickly as feasible. f. , Sufficient waste disposal facilities shall be provided for all proposed activities. g. Sufficient storage facilities shall be provided for all materials and equipment. h. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. i. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. j. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. 10. During Dry Season (May 1 through September 30), Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. Adequate perimeter protection BMPs must be installed and maintained. b. Adequate sediment control BMPs must be installed and maintained. c. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. d. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. e. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. f. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. g. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. 12 11. During Wet Season (October 1 through April 30), Permittee shall implement the following BMPs, in addition to the Dry Season Requirements: a. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient protection for storms. b. Adequate erosion prevention BMPs must be installed and established for all completed slopes prior to October 1 and maintained throughout the wet season. If a BMP fails, it must be repaired, improved, or replaced with an acceptable alternate as soon as it is safe to do so. G. The amount of exposed soil allowed at one time shall not exceed standby erosion and sediment control BMP capacity d. An incomplete disturbed area that is not being actively graded must be fully protected from erosion if left for 10 days or more. 12. BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project." 13. No grading shall be allowed from October 15t thru the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion control measures to be installed or cleanup to be done, the Permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 14. Preservation Of Natural Hydrologic Features, Riparian Buffers and Corridors. All natural hydrologic features and riparian buffer zones and corridors must be preserved to eliminate or minimize runoff from construction sites._ 15. Phased Grading. Grading shall be phased whenever the City Engineer finds that phasing is feasible and necessary to protect the Waters of the State. Areas that are cleared and graded shall be minimized to only portions of the site that are necessary for construction, and the exposure time of disturbed soil areas shall be minimized. 16. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event or 17 acres, which ever is smaller, unless the disturbance of a larger area is approved in writing by the City engineer. In the event that a project proponent requests approval to disturb an area greater than 17 acres, the project proponent shall first submit to the City Engineer, written documentation describing how it will ensure that discharges of pollutants are reduced to the Maximum Extent Practicable (MEP) and prevents discharges of pollutants that would cause or contribute to a violation of water quality standards despite the larger disturbed area. 17. Advanced Treatment. a. Treatment for sediment is required. For the purpose of this requirement, exceptional threat to water quality shall be defined as a site, which meets all of the following, except as provided in number 16 above: 1. A portion of the site is located within or directly adjacent to receiving waters listed on the CWA Section 303(d) list of Water Quality Limited Segments as impaired for sedimentation or turbidity; 13 2. Disturbance is greater than five acres, including all phases of the development; 3. Disturbed slopes are steeper than 4:1 (horizontal: vertical), higher than 10 feet, and drain to the 303(d) listed receiving water; 4. Contains a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4. Alternatively, applicants may perform a RUSLE or MUSLE analysis to prove to the City Engineer's satisfaction that advanced treatment is not required. b. Even if based on the criteria in number 16, above, advanced treatment would not ordinarily be required, advanced treatment may be required at the discretion of the City Engineer based on a record of noncompliance. c. Treatment effluent water quality shall meet or exceed the water quality objectives for turbidity, pH, toxicity, and any other parameter deemed necessary by the City Engineer,_as listed in the Water Quality Control Plan for the San Diego Basin for inland surface waters and lagoons and estuaries for the appropriate hydrologic unit. d. Applicant shall provide design, operations and maintenance schedule, monitoring plan, certification of training of staff to the satisfaction of the City Engineer. 18. Establishment of Permanent Vegetation. a. General. The face of all cut and fill slopes, in excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City Engineer may approve other plant materials as specified by a landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. a. Minimum Requirements:In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2-1/4 inch pots or trees having a one (1) gallon minimum size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. c. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. d. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control 14 measures such as erosion control mats or blankets shall be installed on the slopes. 19. Irrigation System Requirements. a. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Pemmittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope less than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. b. Minimum Requirements (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 20. Waiver Of Planting And Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 21. General Construction Permit Requirements. a. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan. Permittes required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the Plan, implement the Plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. c. Facility Monitoring. Permittees required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the 15 State, retain records of such monitoring on site, and make such records available for inspection by the City Engineer. 15.70.075 Grading Fees. The plan review and permit fees shall be assessed in accordance with City Ordinance No. 1929 and the National City Fee Schedule. 15.70.080 Completion of Work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 15.70.085 Rough Grading Permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special approval of the City Engineer, as well as the Director of the Planning Department for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the City Engineer and the Planning Director. 15.70.090 Parking Lots. Existing or new parking Tots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.095 Bonds. The City Engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash deposit or instrument of credit with the City Engineer in an amount equal to that which would be required in the surety bond. 15.70.100 Violation a misdemeanor. Any person who commences or does any grading in violation of this Chapter is guilty of a misdemeanor. Every day that a violation of this Chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this Code. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 16 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE February 5, 2008 AGENDA ITEM NO. 27 ITEM TITLE An Introduction of An Ordinance of the City Council of the City of National City Adopting the Standard Urban Storm Water Mitigation Plan (SUSMP), and repealing Ordinance 2002-2213 PREPARED BY Barby Tipton EXPLANATION Please see attached. DEPARTMENT Engineering EXT. 4583 ) Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDAT N troduce Ordinance iI / COM ION /tECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Urban Stormwater Mitigation Plan (SUSMP) susmp A-200 (Rev. 7/03) EXPLANATION: On January 24, 2007, The San Diego Regional Water Quality Control Board issued the National Pollutant Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-001 which required Changes to Ordinance 2002-2213, Standard Urban Stormwater Mitigation Plan (SUSMP). The changes are outlined below: • Title Page. Changed date and added new City logo. Minor formatting edits: Changed "stormwater" to "storm water" and "National City" to "City" throughout the document. • Priority Project Categories. Edited existing categories and added new categories to match those in the new Municipal Permit. • Definitions. Added definitions for "Hydromodification", "Industrial Development greater than one acre"", "Integrated Management Practices", "Low Impact Development", "Natural Drainage", "Residential development of 10 units or more", and "Sediment". Modified some existing definitions, including the definitions for "attached residential", "detached residential", and "residential development". • Section V. Implementation Process. Added reference to the City's JURMP for details on City department responsibilities. • Section VI. Storm Water BMP Selection Procedure. Replaced reference to USEPA's "Preliminary Data Summary" with reference to Table 3 and references in Appendix B. Added reference to the City's of San Diego's LEAD methods for alternative treatment control BMPs. • Table 1. Added rows for "heavy industrial" and "retail gasoline outlet" to be consistent with the list in the SUSMP summary and the NPDES permit, • Section VI, part c. "Identify Conditions of Concern." The steps for identifying conditions of concern are only required if the City requests them to be. The City can add questions to its initial checklist to inform proponents if the are subject to these requirements. Also added Interim Hydromodification Criteria (INC) based on the regionally developed criteria. All Priority Projects over 50 acres will be subject to the IHC. • 2. Establish Storm Water BMPs. Added a paragraph which would allow a project proponent to bypass analysis of pollutants of concern and treatment effectiveness if they opt to use LID. Added treatment control BMP pollutant removal efficiency standards, which is also included in Section VI, 2 (c). • Table 2. Table 2 was edited to be consistent with the new Priority Project Categories. • Table 3. Table 3 has been reorganized to use three umbrella categories, with notes following the table explaining what pollutants are included under each of the broader categories. • Low Impact Development and Site Design BMPs. Added emphasis on bioretention and infiltration. Added references to the Portland Stormwater Management Manual and Contra Costa's Stormwater C.3 Guidebook. Added requirements to limit soil compaction and conserve natural drainage areas. • Appendix A. Edited the list of allowable treatment BMPs, mostly for clarity. Deleted "rock swale". Substituted "bioretention swale" for "vegetated swale." Deleted drainage inserts, oil water separators, catch basin insert, storm drain insert, and catch basin screens. Added trash racks and screens. • Appendix B. Updated some of the hyperlinks and references. Added the Portland and Contra Costa manuals. • Appendix C. Added City of San Diego LEAD Pilot Study Proposal ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) WHEREAS, The San Diego Regional Water Quality Control Board issued the National Pollutant Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-001, requiring changes to the City's Standard Urban Stormwater Mitigation Plan (SUSMP). NOW, THEREFORE, the City Council of the City Of National City does hereby ordain as follows: Section 1. Introduction of the Standard Urban Stormwater Mitigation Plan (SUSMP). The City Council of the City Of National City introduces the Standard Urban Stormwater Mitigation Plan (SUSMP) attached hereto as Appendix "A", hereafter abbreviated as "SUSMP", as the City Of National City's program for management of stormwater runoff. A cop of Appendix "A" shall be kept on file in the Office of the City Engineer. Section 2. Implementation and Administration. All City departments, under the direction of the City Manager, shall implement, administer and enforce the provisions of the SUSMP, and shall modify their administrative procedure for permit issuance and plan approval accordingly, In case of conflict between a provision of the Municipal Code and the SUSMP, the SUSMP, shall take precedence, unless the City manager determines that compliance is impossible, impractical or is not in the public's best interest. In this event, the City Manager shall immediately advise the City Council and recommend appropriate measures for resolution. Section 3. Department Review. To the extent not already provided for, City department directors under the direction of the City Manager will review and propose amendments to the Municipal Code that are or may become necessary for the further implementation of the SUSMP. Section 4. Criminal and Administrative Enforcement. The mandatory provisions and prohibitions of the SUSMP shall be enforceable as misdemeanors pursuant to Section 1.20.010 of the National City Municipal Code and administrative penalties may be imposed in accordance with Chapters 1.44 or 1.48 of the National City Municipal Code, as appropriate. PASSED and ADOPTED this day of , 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney The City of National City STANDARD URBAN STORM WATER MITIGATION PLAN November 2007 TABLE OF CONTENTS 1. BACKGROUND 1 II. SUMMARY III. DEFINITIONS 2 IV. CONFLICTS WITH LOCAL PRACTICES OR MUNICIPAL PERMIT 7 V. IMPLEMENTATION PROCESS 7 VI. STORM WATER BMP SELECTION PROCEDURE 8 I. Identify Pollutants & Conditions of Concern 11 a. Identify Pollutants from the Project Area 13 b. Identify Pollutants of Concern in Receiving Waters 14 c. Identify Conditions of Concern in Receiving Waters 14 2. Establish Storm Water BMPs 17 a. Site Design BMPs 21 b. Source Control BMPs 24 c. 'Treatment Control BMPs 28 3. Provide Proof of Ongoing BMP Maintenance 32 4. Waiver Of Structural Treatment BMP Requirements 34 VII. RESOURCES & REFERENCES 35 Appendix A: Example Best Management Practices 35 Appendix B: Suggested Resources 39 Appendix C: City of San Diego LEAD Pilot Study Proposal 42 List of Fitures Figure l: Storm Water BMP Selection Procedure 10 List of Tables Table 1: Anticipated and Potential Pollutants Generated by Land Use Type 13 'Table 2: Standard Storm Water BMP Selection Matrix 19 Table 3:Enhanced Storm Water BMP Selection Matrix 20 Table 4. Pollutants and Associated Particle Sizes 21 The municipal storm water National Pollutant Discharge Elimination System (NPDES) permit (Order No. R9-2007-0001, NPDES No. CAS0108758, hereinafter referred to as "Municipal Permit") issued to San Diego County, the Port of San Diego, San Diego County Regional Airport Authority, and 18 cities (Copermittees) by the San Diego Regional Water Quality Control Board (Regional Board) on .lanuary 24, 2007, requires the development and implementation of a program addressing urban runoff pollution issues in development planning for public and private projects. The requirement to implement a program for development planning is based on federal and state statutes including: Section 402 (p) of the Clean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 ("CZARA"), and the California Water Code. The (lean Water Act amendments of 1987 established a framework for regulating urban runoff discharges from municipal, industrial, and construction activities under the NPDES program. The Municipal Permit requires the implementation of a Jurisdictional Urban Runoff Management Program (IJRMP). The primary objectives of the Jurisdictional EIRMP requirements are to: 1. Insure that discharges from municipal urban runoff conveyance systems do not cause or contribute to a violation of water quality standards; 2. Effectively prohibit non -storm water discharges in urban runoff; and 3. Reduce the discharge of pollutants from urban runoff conveyance systems to the Maximum Extent Practicable (MEP statutory standard). The Model Standard Urban Storm Water Mitigation Plan (SUSMP) was collectively developed by the Copermitties to address post -construction urban runoff pollution from new development and redevelopment projects that fall under "priority project" categories. The goal of the Model SUSMP is to develop and implement practicable policies to ensure to the maximum extent practicable that development does not increase pollutant loads from a project site and considers urban runoff flow rates, velocities, and durations. This goal may he achieved through site- specilic controls and/or drainage area -based or shared structural treatment controls. The Model SUSMP identifies appropriate Best Management Practices (BMPs) for certain designated project types to achieve this goal. The City ofNational City's (City) Sl1SMP has been reviewed and approved by the (.'ity ('ouncil in a public process. The City will approve SUSMP project plan(s) as part of the development plan approval process C Dorr:mrnts 3n4 1..,1 Snilm•: Trmmrnn Intemn Iiia OLK-9-t`C' SltS�IP CO(claw wp)) Joe Pagel for discretionary projects, and prior to issuing permits for ministerial projects. To allow flexibility in meeting SUSMP design standards, structural treatment control BMPs may be located on or off -site, used singly or in combination, or shared by multiple developments, provided certain conditions are met. All new development and significant redevelopment projects that fall into one of the following "Priority Project" categories are subject to these SUSMP requirements, subject to the lawful prior approval provisions of the Municipal Permit. In the instance where a project feature, such as a parking lot, falls into a Priority Project category, the entire project footprint is subject to these SUSMP requirements. These "Priority Project Categories" are: ❑ Residential development of 10 units or more o Commercial development greater than one acre u Industrial development greater than one acre o Automotive repair shops o Restaurants u Ilillside development greater than 5,000 square feet o Projects discharging to receiving waters within environmentally sensitive areas ❑ Parking Lots => 5,000 square feet of impervious surface or with > 15 parking spaces and potentially exposed to urban runoff u Streets, roads, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater of impervious surface. u Retail gasoline outlets 5,000 square feet or more or with a projected Average Daily Traffic (ADT) of 100 or more vehicles per day Limited Exclusion: "Trenching and resurfacing work associated with utility projects are not considered priority projects such as resurfacing and reconfiguring surface parking lots and existing roadways, new sidewalk construction, pedestrian ramps, or hike lane on existing roads, and routine replacement of damage pavement, such as pothole repair. Parking lots, buildings and other structures associated with utility projects are subject to SUSMP requirements if one or more of the criteria for the above categories are met. ❑ "Attached Residential Development," means any development that provides residential units that share an interior/exterior wall. This category includes, but is not limited to: dormitories, condominiums and apartments. • "Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539. • ❑ "Commercial Development" means any development on private land that is not exclusively industrial or residential uses. The category includes, but is not limited to: mini -malls and other business complexes, shopping malls, hotels, office buildings, public Page 2 warehouses, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, and other light industrial complexes. u "Commercial Development greater than one acre'' means any commercial development that results in the disturbance of one acre or more of land. ❑ "Detached Residential Development," means any development that provides freestanding residential units. This category includes, but is not limited to: detached homes, such as single-family homes and detached condominiums. u "Directly Connected Impervious Area (DCIA)" means the area covered by a building, impermeable pavement, and/or other impervious surfaces, which drains directly into the storm drain without first flowing across permeable.vegetated land area (e.g., lawns). u "Environmentally Sensitive Areas" means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies ("303[d] water bodies"); areas designated as an "Area of Special Biological Significance" (ASBS) by the State Water Resources Control Board (Water Quality Control Plan for the. San Diego Basin (1994) and amendments); water bodies designated as having a RARE beneficial use by the State Water Resources Control Hoard (Water Quality Control Plan for the San Diego Basin (1994) and amendments), or areas designated as preserves or their equivalent under the Multiple Species Conservation Program (MSCP) within the Cities and County of San Diego. The limits of Areas of Special Biological Sipificance arc those defined in the Water Quality Control Plan for the San Diego Basin (1994 and amendments). Environmentally sensitive area is defined for the purposes of implementing SUSMP requirements, and does not replace or supplement other environmental resource -based terms, such as "Environmentally Sensitive Lands," employed by Copermittees in their land development review processes. As appropriate, National City will distinguish between environmentally sensitive arca and other similar terms in its SUSMP. ❑ "Hillside" means lands that have a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet. u "Hillside development greater than 5,000 square feet" means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions. ❑ "Hydromodification" means the change in the natural hydrologic processes and runoff characteristics (i.e. interception, infiltration, overland flow, interflow and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and changes in sediment transport. in addition, alternation of stream and river channels, installation (Adams and water impoundments, and excessive streambank and Page 3 shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes. u "Industrial development greater than one acre" means development of industrial facilities that results in the disturbance of over one acre of land. Industrial facilities include those defined at 40 CFR 122.26(b)(14), including those subject to the General Industrial Permit or other individual NPDES permit, operating and closed landfills, facilities subject to SARA Title III, and hazardous waste treatment, disposal, storage and recovery facilities. Examples of industrial facilities includes manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). u "Infiltration" means the downward entry of water into the surface of the soil. ❑ "integrated Management Practice (IMP)" means a facility (BMP) that provides small- scale treatment, retention, or detention and is integrated into site layout, landscaping, and drainage design. u "Low Impact Development (LID)" means a storm water management and land development strategy that emphasizes conservation and the use of on -site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre - development hydrologic features. ❑ "Maximum Extent Practicable (MEP)" means the technology -based standard established by Congress in the Clean Water Act 402(p)(3)(B)(iii) that municipal dischargers of urban runoff must meet. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense). ❑ "Natural drainage" means a natural swale or topographic depression which gathers and/or conveys runoff to a permanent or intermittent watercourse or waterbody. o "New Development" means land disturbing activities; surface grading for structural development, including -construction or installation of a building or structure, the creation of impervious surfaces; and land subdivision. u "Parking Lot" means land area or facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce. ❑ "Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" means all development and significant redevelopment that would create 2,500 square feet of impervious surfaces or increase the area of imperviousness of a project site to 10% or more of its naturally occurring condition, and is located within or directly adjacent to (where any portion of the project footprint is located within 200 feet of the environmentally sensitive area) an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive arca) or discharges to a receiving water within an environmentally sensitive area Page 4 without mixing with flows from adjacent lands (where the project footprint is located more than 200 feet from the environmentally sensitive area). ❑ "Project Footprint" means the limits of all grading and ground disturbance, including landscaping, associated with a project. ❑ "Receiving Waters" means surface bodies of water, which directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral [exhibiting bed, bank, and ordinary high water markfl, creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean. National City will determine the definition for wetlands and the limits thereof for the purposes of this definition as protective as the United States Environmental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMPs are not considered receiving waters under this definition, unless the BMP was originally constructed in receiving waters. Construction of treatment control BMPs in "Receiving Waters" is prohibited and therefore may not be used to satisfy SUSMP requirements. u "Residential Development" means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multi -family homes, condominiums, and apartments. u "Residential Development of 10 units or more" means any development that provides 10 or more residential units. Residential units can be attached or detached. ❑ "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirement and hydromodification requirement. ❑ "Sediment" means soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organism survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. ❑ "Significant Redevelopment" means development that would create or add or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories. Where redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numberic sizing criteria identified in Section 2, Step 8 apply only to the addition, and not Page 5 the entire development. When redevelopment results in an increase of more than 50 percent of the impervious surfaces of a previously existing development, the numeric sizing criteria applies to the entire development. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work, resurfacing and reconfiguring surface parking lots, new sidewalk, pedestrian ramps or bike lane construction on existing roads, and replacement of damaged pavement. u "Site Design BMP" known as a significant part of Low impact Development (LID), means any project design feature that reduces the amount of impervious surfaces, disconnects impervious surfaces, reduces creation or severity of potential pollutant sources and/or reduces the alteration of the project site's natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low -density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs. u "Source Control BMP (both structural and non-structural)" means land use or site planning practices, or structures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. u "Storm Water Best Management Practice (BMP)" means any schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, structural treatment BMPs, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to receiving waters. Storm Water BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. This SUSMP groups storm water BMPs into the following categories: site design; source control; and treatment control (pollutant removal). • "Storm Water Conveyance System" means private and public drainage facilities by which storm water may be conveyed to Receiving Waters, such as: natural drainages, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, or catch basins. Page 6 "Streets, Roads, IIighways, and Freeways" means any project that is not part of a routine maintenance activity, and would create a new paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles and other vehicles. For the purposes of SUSMP requirements, Streets, Roads, I Iighways and Freeways do not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement. ❑ "Treatment Control (Structural) BMP" means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. Where requirements of the local SUSMP conflict with established local codes, (e.g., specific language of signage used on storm drain stenciling), National City may continue the local practice and modify the SUSMP to be consistent with the code, except that to the extent that the standards in the SUSMP are more stringent than those under local codes, such more stringent standards shall apply. This SUSMP is based on the Municipal Permit as it was in force in January 2007, except as that Municipal Permit was directed to be revised by the State Water Resources Control Board. If as a result of court action any part of the Municipal Permit is invalidated, stayed, or required to be revised by a final judgment, National City's SUSMP and local ordinances may he appropriate. National City has identified the department(s) responsible for ensuring SUSMP requirements are implemented in its Jurisdictional URMP, and the roles and responsibilities each department possesses. At a minimum, for discretionary projects, SUSMP requirements shall be incorporated into the project design and shown on the plans prior to decision -maker approval of discretionary permits. For projects requiring only ministerial permits, SUSMP requirements shall be incorporated into the project design and shown on the plans prior to the issuance of any ministerial permits. National City's departments carrying out public projects that are not required to obtain permits shall be responsible for ensuring SUSMP requirements are incorporated into the project design and shown on the plans prior to bidding for construction contracts, or equivalent. For public projects SUSMP requirements must be incorporated into the project design and shown on the plans before allowing the project to commence. Page 7 Section VI provides a procedure for identifying a project's pollutants and conditions of concern, and addressing these through site design, source control, and treatment control storm water BMPs. All priority projects shall implement one or a combination of storm water BMPs, including, I) LID and site design BMPs, 2) source control BMPs and, 3) structural treatment BMPs after the pollutants and conditions of concern have been identified. Storm water BMPs, from those listed in Appendix A: "Approved Storm Water Best Management Practices", shall be considered and implemented where determined applicable and feasible by National City. Additional information on BMPs is included in the notes to Table 3 and in the references in Appendix B. The storm water BMPs shall adhere to the requirements in Section VI of this Model SUSMP, and shall be correctly designed so as to remove pollutants to the maximum extent practicable. A flow chart summarizing the storm water BMP selection procedure is provided in Figure 1. Site Design Storm Water Treatment Credits National City agrees it may develop and submit for Regional Board review and approval a Site Design Storm Water Treatment Credits program that allows reductions in the volume or flow of storm water that must he captured or treated on a project in return for the inclusion of specified project design features in the project, and further agree that any such submittal shall he deemed to be a part of this Model SUSMP jointly submitted to the Regional Board for review and approval. Any such model program shall specify the conditions under which project proponents can be credited for the use of site design features and low impact development techniques that can reduce the volume of storm water runoff, preserve natural areas, and minimize the pollutant loads generated and potentially discharged from the site. Provided, however that if a method for determining site design credits is developed on a time schedule that will permit further National City review prior to submission to the Regional Board, that proposal shall first be submitted to the Copermittees and if agreed to by the Copermittees will be submitted to the Regional Board as a single regional model. Any Copermittee may adopt and implement a Storm Water Credit Program consistent with this model approved by the Regional Board. Alternative Methods for Achieving Treatment Requirements National City may implement the Local Equivalent Area Drainage (LEAD) Method, as proposed by the City of San Diego in its May 16, 2002 letter (Appendix C), for meeting the BMP requirements in Section VI.2.c, Step 8, "Design to Treatment Control BMP Standards." The alternative method must minimally meet the following criteria: • The alterative treatment area shall be located within the proximity of the project; • The alternative treatment area shall discharge to the same receiving water as the project; • The alternative treatment area shall he equivalent or greater than the project footprint; Page 8 • The alternative treatment arca shall have an equivalent or greater impervious surface area than the project; • The alternative treatment area shall have an equivalent or greater pollutant load than the project; • Site Design and Source Control BMPs (Section VI.2.a & b) shall be required in the project design; • Alternative treatments shall he limited to redevelopment and/or inlill projects. National City may implement the alternative LEAD method for no more than three pilot projects within its jurisdiction during this permit cycle. For each project where an alternative method is implemented, the effectiveness of the alternative method shall be monitored and reported on to the Regional Board by the end of the permit cycle. Page 9 Figure 1. Storm Water BMP Selection Procedure Flow Chart 1. Identify Pollutants from proposed project (Section VI.1.a) 2. Identify Pollutants & Conditions of Concem in Receiving Waters (Section VI.1.b) NO YES Po ject required to Impleinent: Would the Project Generate Pollutants or Conditions of Concern? Page 10 • Site Design • Source Control BMPs • BMPs for Individual Categories • Standard Treatment Control BMPs (Table 21 OR • Site Design • Source Control BMPs • BMPs for Individual Categories • Enhanced Treatment Control BMPs (Table 3) 1. IDENTIFY POLLUTANTS & CONDITIONS OF CONCERN Priority project proponents shall use this guidance to identify pollutants and conditions of concern, for which they need to mitigate or protect against. Once identified, appropriate control measures for these pollutants and conditions are specified in Section VI.2, "Establish Storm Water BMPs." Standard control measures are required based on pollutants commonly associated with the proposed project type (see Table 2, "Standard Storm Water BMP Selection Matrix"). Priority projects required to implement structural treatment control BMPs using the standard BMP selection procedure should use Table 3, "Enhanced Treatment Control BMP Selection Matrix," to aid in selecting the structural treatment BMP(s) from Appendix A that would have the greatest pollutant removal efficiency for projects. Enhanced control measures are required for projects anticipated to generate pollutants that are also identified as pollutants of concern in the project's downstream receiving water(s) (see Table 3). National City will incorporate the requirements listed in Sections VI.1.a-c in the procedure for identifying pollutants and conditions of concern in its SUSMP. For private priority projects, National City shall require the information to be provided with the project application prior to being deemed complete. For public priority projects, National City shall approve the information prior to bidding for construction contracts. General Categories of Water Pollution Urban runoff from a developed site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens to the storm water conveyance system and receiving waters. For the purposes of identifying pollutants of concern and associated storm water BMPs, pollutants are grouped in nine general categories as follows: 1. Sediments Sediments are soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. 2. Nutrients Nutrients are inorganic substances, such as nitrogen and phosphorus. They commonly exist in the form of mineral salts that are either dissolved or suspended in water. Primary sources of nutrients in urban runoff are fertilizers and eroded soils. Excessive discharge of nutrients to water bodies and streams can cause excessive aquatic algae and plant gowth. Such excessive production, referred to as cultural eutrophication, may lead to excessive decay of organic matter in the water body, loss of oxygen in the water, release of toxins in sediment, and the eventual death of aquatic organisms. 3. Metals - Metals arc raw material components in non-metal products such as fuels, adhesives, paints, and other coatings. Primary source of metal pollution in storm water are typically commercially available metals and metal products. Metals of concern include cadmium, chromium, copper, lead, mercury, and zinc. Lead and chromium have been used as corrosion inhibitors in primer coatings and cooling tower systems. At low concentrations naturally occurring in soil, metals are not toxic. However, at higher C Onrnmcnts and Scumgs gmcmi 1 ord Sfm zgs-1 cmpe::n) {corms Pilrs CLK ig SC. St SNIP'_nl' I Aran ropvi.!n; Pagcll concentrations, certain metals can be toxic to aquatic life. humans can be impacted from contaminated groundwater resources, and bioaccumulation of metals in fish and shellfish. Environmental concerns, regarding the potential for release of metals to the environment, have already led to restricted metal usage in certain applications. 4. Organic Compounds - Organic compounds are carbon -based. Commercially available or naturally occurring organic compounds are found in pesticides, solvents, and hydrocarbons. Organic compounds can, at certain concentrations, indirectly or directly constitute a hazard to life or health. When rinsing off objects, toxic levels of solvents and cleaning compounds can be discharged to storm drains. Dirt, grease, and grime retained in the cleaning fluid or rinse water may also adsorb levels of organic compounds that are harmful or hazardous to aquatic life. 5. Trash & Debris - Trash (such as paper, plastic, polystyrene packing foam, and aluminum materials) and biodegradable organic matter (such as leaves. grass cuttings, and food waste) arc general waste products on the landscape. The presence of trash & debris may have a significant impact on the recreational value of a water body and aquatic habitat. Excess organic matter can create a high biochemical oxygen demand in a stream and thereby lower its water quality. Also, in areas where stagnant water exists, the presence of excess organic matter can promote septic conditions resulting in the growth of undesirable organisms and the release of odorous and hazardous compounds such as hydrogen sulfide. 6. Oxygen -Demanding Substances - This category includes biodegradable organic material as well as chemicals that react with dissolved oxygen in water to form other compounds. Proteins, carbohydrates, and fats are examples of'biodegradable organic compounds. Compounds such as ammonia and hydrogen sulfide are examples of oxygen -demanding compounds. The oxygen demand of a substance can lead to depletion of dissolved oxygen in a water body and possibly the development of septic conditions. 7. Oil and Grease - Oil and grease are characterized as high -molecular weight organic compounds. Primary sources of oil and grease are petroleum hydrocarbon products, motor products from leaking vehicles, esters, oils, fats, waxes, and high molecular -weight fatty acids. Introduction of these pollutants to the water bodies are very possible due to the wide uses and applications of some of these products in municipal, residential, commercial, industrial, and construction areas. Elevated oil and grease content can decrease the aesthetic value of the water body, as well as the water quality. 8. Bacteria and Viruses - Bacteria and viruses are ubiquitous micro-organisms that thrive under certain environmental conditions. Their proliferation is typically caused by the transport of animal or human fecal wastes from the watershed. Water containing excessive bacteria and viruses can alter the aquatic habitat and create a harmful environment for humans and aquatic life. Also, the decomposition of excess organic waste causes increased growth of undesirable organisms in the water. 9. Pesticides - Pesticides (including herbicides) are chemical compounds commonly used to control nuisance growth or prevalence of organisms. Excessive application of a pesticide may result in runoff containing toxic levels of its active component. Page 12 a. Identify Pollutants from the Project Area Using Table 1, identify pollutants that are anticipated to be generated from the proposed priority project categories. Pollutants associated with any hazardous material sites that have been remediated or are not threatened by the proposed project are not considered a pollutant of concern. Table 1. Antici . ated and Potential Pollutants Generated by Land Use Type. General Pollutant Categories Priority Project Cate • ories Detached Residential Development Attached Residential Development Commercial Development > One Acre Industrial development > (Mc Acre Automotive Repair Shops Restaurants I Iillside Development >5,000 fie Parking Lots Sediments Nutrients pill Heavy Metals Organic Compounds p(2) WI) p(I) Trash Debris Oxygen Demanding Substances Oil & Grease Bacteria Viruses Pesticides poi 02) Retail Gasoline X X X Outlets Streets, Highways & X Ytt) X Xj4) X Freeways P X Pt}) p(5) p(s) X = anticipated P = potential (I) A potential pollutant if landscaping exists on -site. (2) A potential pollutant if the project includes uncovered parking areas. (3) A potential pollutant if land use involves food or animal waste products. (4) Including petroleum hydrocarbons. (5) Including solvents. p(I) Page 13 b. Identify Pollutants of Concern in Receiving Waters Pollutants generated by the proposed priority project that exhibits one or more of the following characteristics are considered primary pollutants of concern: • Current loadings or historical deposits of the pollutant are impairing the beneficial uses of a receiving water; • Elevated levels of the pollutant are found in water or sediments of a receiving water and/or have the potential to be toxic or to bioaccumulatc in organisms therein; and • Inputs of the pollutant are at a level high enough to he considered potentially toxic. To identify pollutants of -concern in receiving waters, each priority project shall, at a minimum, do the following: 1. For each of the proposed projects discharge points, identify the receiving water(s) that each discharge point proposes to discharge to, including hydrologic unit basin number(s), as identified in the most recent version of the Water Quality Control Plan for the San Diego Basin', prepared by the San Diego Regional Water Quality Control Board. 2. identify any receiving waters, into which the developed area would discharge to, listed on the most recent list of Clean Water Act Section 303(d) impaired water bodies'. List any and all pollutants for which the receiving waters are impaired. 3. Compare the list of pollutants for which the receiving waters are impaired with the pollutants anticipated to he generated by the project (as identified in Table 1). Any pollutants identified by Table 1, which arc also causing impairment of receiving waters, shall be considered primary pollutants of concern. For projects where no primary pollutants of concern exist, those pollutants identified through the use of Table I shall be considered secondary pollutants of concern. c. identify Conditions of Concern in Receiving Waters Common impacts to the hydrologic regime resulting from development typically include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. These changes have the potential to permanently impact downstream channels and habitat integrity. A change to a priority project sites hydrologic regime would be considered a condition of concern if the change would impact downstream channels and habitat integrity. Because of these potential impacts, municipal staff may require that the following steps be followed for Priority Projects which, in their judg rent, may impact the hydrologic regime: 1. http://www.swrcb.ca.gov/—rwgcb9/Programs/Planning_and_Services/SD_Basin/sd_basin.html 2. http://www.swrcb.ca.gov/tmdl/303d_lists.html, San Diego is in Region 9 Page I4 1. Evaluate the project's conditions of concern in a drainage study report prepared by a registered civil engineer in the State of California, with experience in fluvial geomorphology and water resources management. The report shall consider the project area's location (from the larger watershed perspective), topography, soil and vegetation conditions, percent impervious area, natural and infrastructure drainage features, , wet season groundwater depth, and any other relevant hydrologic and environmental factors to he protected specific to the project area's watershed. 2. As part of the drainage study, a qualified, licensed professional shall provide a report on proposed infiltration techniques (trenches, basins, dry wells, permeable pavements with underground reservoir for infiltration) regarding any potential adverse gcotechnical concerns. Geotechnical conditions such as slope stability, expansive soils, compressible soils, seepage, groundwater depth, and loss of foundation or pavement subgrade strength should be addressed, and mitigation measures should be provided. 3. As part of the drainage study, the civil engineer shall conduct a field reconnaissance to observe and report on downstream conditions, including undercutting erosion, slope stability, vegetative stress (due to flooding, erosion, water quality degradation, or loss of water supplies) and the area's susceptibility to erosion or habitat alteration as a result of an altered flow regime. 4. The drainage study shall compute rainfall runoff characteristics from the project area including, at a minimum, ninoff volume, time of concentration, and retention volume. These characteristics shall he developed for the two-year and 10-year frequency, Type I storm, of six -hour or 24-hour duration (whichever is the closer approximation of the site's time of concentration), during critical hydrologic conditions for soil and vegetative cover'. The drainage study shall report the project's conditions of concern based on the hydrologic and downstream conditions discussed above. Where downstream conditions of concern have been identified, the drainage study shall establish that pre -project hydrologic conditions affecting downstream conditions of concern would be maintained by the proposed project, satisfactory to National City, by incorporating the site design, source control, and treatment control requirements identified in Section VI.2. Priority Development Projects that disturb 50 acres or more are subject to the City's Interim Ilydromodification Criteria (IHC). The 1HC was developed regionally and was modified from the Contra Costa Ilydromodification Plan. Two compliance options are provided — curve - matching based on continuous simulation modeling, and implementation of LiD. The curve - matching approach as described below is currently available for use by Priority Development Projects within the City's jurisdiction. The range of flows to he managed under the curve - matching option is expressed as a percentage of the 5-year peak flow (Q5) based on the understanding that dominant discharge for southern California streams is in the vicinity of Q5. 3. Design storms can be found at http://www.wrcc.dri.edu/pcpnfreq.html. The Copermittees may calculate the storm events using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, Copermittees shall describe their method for using isopluvial maps in their Jurisdictional SUSMP. Page 15 The LID implementation option may become available later if design and sizing procedures are created and approved regionally during the course of developing the final Hydromodification Plan. If LID design guidance is not approved during the period that the IHC are in place, the curve -matching standard is the default compliance standard. I . Curve -matching based on continuous simulation modeling: Estimated post -project runoff durations and peak flows do not exceed pre -project durations and peak flows. The project proponent must use a continuous simulation hydrologic computer model such as USEPA's Hydrograph Simulation Program —Fortran (HSPF) to simulate pre - project and post -project runoff, including the effect of proposed Integrated Management Practices (IMPs), detention basins, or other storm water management facilities. To use this method, the project proponent shall compare the pre -project and post -project model output for a rainfall record of at least 30 years, and shall show the following criteria are met: a. For flow rates from 20% of the pre -project 5-year runoff event (0.2Q5) to the pre -project 10-year runoff event (Q10), the post -project discharge rates and durations shall not deviate above the pre -project rates and durations by more than 10% over more than 10% of the length of the flow duration curve. b. For flow rates from 0.2Q5 to Q5, the post -project peak flows shall not exceed pre -project peak flows. For flow rates from Q5 to Q I0, post -project peak flows may exceed pre -project flows by up to 10% for a 1-year frequency interval. For example, post -project flows could exceed pre -project flows by up to 10% for the interval from Q9 to Ql 0 or from Q5.5 to Q6.5, but not from QR to Q 10. (Note that the 0.2Q5 end of the range may be modified). 2. implementation of LID IMPS. 'l'he project proponent may implement LID IMPs to manage hydrograph modification impacts, using design procedures, criteria, and sizing factors (ratios of LID IMP volume or area to tributary arca) as specified by the City of National City once standard design procedures, criteria, and sizing factors are accepted by the City. The LID IMP designs and sizing factors shall be determined using continuous simulation of runoff from a long-term rainfall record. Priority Development Projects disturbing 50 acres of more are exempt from the above II -IC when: I. The project would discharge into channels that are concrete -lined or significantly hardened (e.g., with rip -rap, sackcrete, etc.) downstream to their outfall in bays or the ocean; 2. The project would discharge into underground storm drains discharging directly to bays or the ocean; or 3. The project would discharge to a channel where the watershed areas below the project's discharge points are highly impervious (e.g. >70%)." 4. The applicant conducts an assessment incorporating sediment transport modeling across the range of gcomorphically-significant flows that demonstrates to the Page 16 permitting agencies satisfaction that the project flows and sediment reductions will not detrimentally affect the receiving water. 2. ESTABLISH STORM WATER BMPs Site design BMPs reduce the need for source and/or treatment control BMPs, and source control BMPs may reduce the amount of treatment control BMPs needed. Throughout all the following sections, all priority projects shall consider, and incorporate and implement where expressly required by the Permit and if not so required where determined applicable and feasible by National City, storm water BMPs into the project design, in the following progression: • Site Design BMPs • Source Control BMPs • Treatment Control BMPs At a minimum, priority projects must implement LiD site design BMPs and source control BMPs, and must also implement treatment control BMPs unless a waiver is granted based on the infeasibility of all treatment control BMPs. t.ir) BMPs must meet minimum requirements in municipal permit section D.1.d.(4). BMPs must also achieve certain performance standards set out in the municipal permit section D.l .d.(5) and (6). Selection of BMPs from the menus included in this SUSMP, using the rules set out in this SUSMP, must fulfill these requirements. In addition, runoff treated by LID and site design or source control BMPs, such as rooftop runoff treated in landscaping, may be useful in reducing the quantity of runoff required to he treated in Section VI.2.c, `"lrreatment Control BMPs." To select a structural treatment BMP using the Treatment Control BMP Selection Matrix, each priority project shall compare the list of pollutants for which the downstream receiving waters are impaired (if any), with the pollutants anticipated to be generated by the project (as identified in Table I). Any pollutants identified by Table I which also cause a Clean Water Act section 303(d) impairment of the receiving waters of the project shall be considered primary pollutants of concern. Priority projects that are anticipated to generate a primary pollutant of concern shall meet all applicable requirements in Section Vt.2, and shall select a singe or combination of storm water BMPs from Table 3 that are effective for pollutant removal of the particular primary pol lutant(s) of concern. Alternatively, a project proponent may elect to implement a combination of LID BMPs that either disperse and infiltrate, or direct to hioretention facilities, the flows from all impervious areas on -site. These BMPs are presumed to provide maximum extent practicable treatment for all pollutants of concern; therefore no further documentation of the treatment BMP selection process is required. Priority projects that are not anticipated to generate a pollutant for which the receiving water is Clean Water Act Section 303(d) impaired shall meet applicable standard requirements in Section VI.2, and shall select a single or combination of stonn water BMPs from Table 3 which are Page 17 effective for pollutants removal of the identified secondary pollutants of concern, consistent with the "maximum extent practicable" standard defined in Attachment C of the Municipal Permit. Where a site generates both primary and secondary pollutants of concern, primary pollutants of concern receive priority of BMP selection. For such sites, selected BMPs must only maximize pollutants removal for the primary pollutants of concern. Where a site generates only secondary pollutants of concern selected BMPs shall target the secondary pollutants of concern to be the most significant for the project. Selected BMPs must be effective for the widest range of pollutants of concern with the maximum extent practicable standard defined in Attachment C of the municipal Permit. Treatment control BMPs with a high or medium pollutant removal efficiency for the project's most significant pollutant of concern shall be selected. Treatment control BMPs with a low removal efficiency ranking shall only he approved by the Copermittee when a feasibility analysis has been conducted which exhibits that implementation of treatment control BMPs with a high or medium removal efficiency ranking are infeasible. Treatment control BMPs shall not he constructed within a receiving water. Alternative storm water BMPs not identified in Table 3 may be approved at the discretion of National City, provided the alternative BMP is as effective in removal of pollutants of concern as other feasible BMPs listed in "fable 3. Page 18 Table 2. Standard Storm Water BMP Selection Matrix. Priority Project Category Site Design B/NPst' Source Control BMPs(2) Detached Residential Development Attached Residential Development R Commercial Development > One Acre R 12 R Private Roads cts Requirements Applicable to Individual Priority Project Categoriest't Q u R Industrial Development > One Aerc Automotive Repair Shop R R R R Vehicle Wash Areas ai Outdoor Processing Ar R R Restaurants R I lillside Development >5,000 ft? Parking Lots R 12 ment Wash Areas 6• w R R Streets, lighways & Freeways Retail Gasoline Outlets I2 R R R It R R It R R a ce 2 u .43 R R R R It R R Hillside Landscaping It R R R R R It R R R = Required; select BMPs as required from the applicable steps in Section V1.2a & b, or equivalent in Appendix A. (1) Refer to Section VI.2.a. (2) Refer to Section VI.2.b. (3) Priority project categories must apply specific storm water BMP requirements, where applicable. Projects are subject to the requirements of all priority project categories that apply. (4) Applies if the paved arca totals>5.000 square feet or with >15 parking spaces and is potentially exposed to urban runoff. ('..Ikxumarts and Sent': gorcun tor.J Sarinrs Ternporars Imnuct F:I ��OI. KM' N(' SGSMY 0U I dc.m cop+) dor Pagc19 Table 3. Treatment Control BMP Selection Matrix. Pollutants of Concern Binretention Facilities (Lill) Stilling Basins (Dry Ponds) Wet Ponds and Wetlands infiltration Facilities or Practices (LiD) Media Filters iligh-rate biufrlte,s High -rate media filters Trash Racks ii Hydro -dynamic Devices Coarse Sediment and Trash High IIigh High High Iligh High Iligh High Pollutants that tend to associate with fine particles during treatment 11igh High High High High Medium Medium Low Pollutants that tend to be dissolved following treatment Medium 1.0W Medium High Low Low Low Low Notes on Treatment Control BMP Categories All rankings are relative. Ranking of all facilities assumes proper sizing, design, and periodic maintenance. Following are general descriptions of each category. • Bioretention Facilities (infiltration planters, flow -through planters, bioretention areas, and bioretention swales). Facilities are designed to capture runoff and infiltrate slowly through soil media which also supports vegetation. Bioretention facilities, except for flow -through planters, effectively promote infiltration into native soils. In clay soils, facilities may capture excess treated runoff in an underdrain piped to the municipal storm drain system. Typical criteria: an infiltration surface area at least 4% of tributary impervious area, 6-inch average depth of top reservoir, 18-inch soil layer, 12-inch to i fl- inch gravel subsurface storage Layer. • Settling Basins and Wetlands (extended detention basins, "wet" basins, decorative or recreational lakes or water features also used for storm water treatment, constructed wetlands). Facilities are designed to capture a minimum water quality volume of 80% of total runoff and detain for a minimum of 48 hours. Some wetland designs have proven effective in removing nutrients, but performance varies. • Infiltration Facilities or Practices (infiltration basins, infiltration trenches, dry wells, dispersal of runoff to landscape, pervious pavements). 'these facilities and landscape designs capture, retain, and infiltrate a minimum of 80% of runoff into the ground. Infiltration facilities are gent -Tally only feasible in permeable (Hydrologic Soil Group A or B) soils. Volume and area of infiltration facilities depends on soil permeability and safety factor used. Typical criteria: infiltration facilities should have pretreatment to remove silt to prolong life of the facility. A 10-foot vertical separation from average seasonal groundwater depth is required. Dispersal to landscape may be accomplished in any soil type and generally requires a maximum 2:1 ratio impervious:per vious and concave topography to ensure the first 1 inch of rainfall is retained. Page 20 • Media Filters (sand filters). Filters designed to treat runoff produced by a rainfall of 0.2 inches per hour (or 2 185th percentile hourly rainfall intensity) by slow infiltration through sand or other media. 'Typical criteria: Surface loading rate not to exceed 5 inches/hour. Entire surface of the sand must be accessible for maintenance. • Iligh Rate Biofilters (tree wells, typically proprietary). Biofilters with specially designed media to rapidly filter runoff while removing some pollutants. Filterra® (proprietary version) recommends surface loading rates of up to 100 inches/hour. • High -rate Media Filters (typically proprietary). Vaults with replaceable cartridge filters filled with inorganic media. Notes on Pollutants of Concern: In Table 3, Pollutants of Concern are grouped as gross pollutants, pollutants that tend to associate with fine particles, and pollutants that remain dissolved. fable 4. Pollutants and Associated Particle Sizes Pollutant Coarse Sediment and Pollutants that tend to Trash associate with fine articles during treatment Sediment 1 X 1 X Nutrients I 1 X Pollutants that tend to be dissolved following treatment Heavy Metals X Oranic Compounds 1 X Trash & Debris 1 X Oxv en Demandint 1 1 X X Bacteria 1 1 X Oil & Crease 1 1 X Pesticides a. Low impact Development (LID) and Site Design BMPs Priority projects shall be designed so as to minimize, directly connected impervious surfaces and to promote infiltration using LID techniques. Priority projects shall, to the maximum extent practicable, minimize the introduction of pollutants and conditions of concern that may result in significant impacts, generated from site runoff to the storm water conveyance system. Priority Projects shall also control post -development peak storm water runoff discharge rates and velocities to maintain or reduce pre -development downstream erosion and protect stream habitat. Although not mandatory, priority projects can address these objectives through the creation of a hydrologically functional project design that attempts to mimic the natural hydrologic regime. Many of these techniques are outlined and reviewed in the County of San Diego's LiD Handbook and Appendices. Mimicking a site's natural hydrologic regime can be pursued by: • Reducing imperviousness, conserving natural resources and areas, maintaining and using natural drainage courses in the storm water conveyance system, and minimizing clearing and grading. • Providing runoff storage measures dispersed uniformly throughout a site's landscape with the use of bioretention facilities and detention, retention, and infiltration practices. Page 21 These design principles offer an innovative approach to urban storm water management, one that does not rely on the conventional end -of -pipe or in -the -pipe structural methods but instead uniformly or strategically integrates storm water controls throughout the urban landscape. Useful resources for applying these principles, referenced in the appendix, include the County of San Diego's LID IIandbook (2007), Start at the Source (1999), and Low -Impact Development Design Strategies (1999) ), the City of Portland's Stormwater Manual (2004), and the Contra Costa Clean Water Program's Stormwater C.3 Guidebook (2006).. Step 1: Objective: Maintain Pre -Development Rainfall Runoff Characteristics Priority projects shall control post -development peak storm water runoff discharge rates and velocities to maintain or reduce pre -development development downstream erosion. In addition, projects should control runoff discharge volumes and durations to the maximum extent practicable using the site design, source control, and treatment control requirements identified in Section VI.2. Design Concept 1: Mininuze Project's Impervious Footprint & Conserve Natural Areas The following site design options shall be considered and shall he incorporated and implemented where determined applicable and feasible by National City, during the site planning and approval process, consistent with applicable General Plan policies and other development regulations. 1. Minimize and disconnect impervious surfaces. This can be achieved in various ways, including, but not limited to increasing building density (number of stories above or below ground) and developing land use regulations seeking to limit impervious surfaces. Decreasing the project's footprint can substantially reduce the project's impacts to water quality and hydrologic conditions. 2. Conserve natural areas, soils, and vegetation where feasible. Concentrating or clustering development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural, undisturbed condition can achieve this. The following list provides a guideline for determining the least sensitive portions of the site, in order of increasing sensitivity. Jurisdictions should also refer to their Multiple Species Conservation Plans or other biological regulations, as appropriate. a. Areas devoid of vegetation, including previously graded areas and agricultural fields. b. Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands. c. Areas of chamise or mixed chaparral, and non-native grasslands. d. Areas containing coastal scrub communities. e. All other upland communities. f. Occupied habitat of sensitive species and all wetlands (as both are defined by National City). g. All areas necessary to maintain the viability of wildlife corridors. Within each of the previous categories, areas containing hillsides (as defined in this SUSMP) should be considered more sensitive than the same category without hillsides. Page 22 3. Construct walkways, trails, patios, overflow parking lots and alleys and other low -traffic areas with permeable surfaces, such as pervious concrete, permeable asphalt, unit pavers and granular materials. 4. Construct streets, sidewalks and parking lot aisles to the minimum widths necessary, provided that public safety and a walkable environment for pedestrians are not compromised. 5. Maximize canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native or drought tolerant trees and large shrubs. 6. Minimize the use of impervious surfaces, such as decorative concrete, in the landscape design. 7. Ilse natural drainage systems to the maximum extent practicable. 8. Minimize soil compaction 9. Other site design options, which are comparable, and equally effective. Design Concept 2: Minimize Directly Connected Impervious Areas (DCIAs) Priority projects shall consider, and incorporate and implement the following design characteristics, where determined applicable and feasible: 1. Where landscaping is proposed, drain rooftops into adjacent landscaping prior to discharging to the storm drain. 2. Where landscaping is proposed, drain impervious sidewalks, walkways, trails, and patios into adjacent landscaping. 3. Other design characteristics that is comparable and equally effective. Step 2: Protect Slopes and Channels Project plans shall include storm water BMPs to decrease the potential for erosion of slopes and/or channels, consistent with local codes and ordinances and with the approval of all agencies with jurisdiction, e.g., the U.S. Army Corps of Engineers, the San Diego Regional Water Quality Control Board, and the California Departrnent of Fish and Game. The following design principles shall be considered, and incorporated and implemented where determined applicable and feasible by National City: 1. Minimize disturbances to Natural Drainages 2. Convey runoff safely from the tops of slopes. 3. Vegetate slopes with native or drought tolerant vegetation. 4. Control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems. 5. Stabilize permanent channel crossings. 6. Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable Page 23 specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters. 7. Other design principles, which are comparable and equally effective. b. Source Control BMPs Step 3: Provide Storm Drain System Stenciling and Signage Storm drain stencils are highly visible source control messages, typically placed directly adjacent to storm drain inlets. The stencils contain a brief statement that prohibits the dumping of improper materials into the urban runoff conveyance system. (iraphical icons, either illustrating anti -dumping symbols or images of receiving water fauna, are effective supplements to the anti- dumping message. Priority projects shall include the following requirements in the project design, where determined applicable and feasible by National City. 1. Provide stenciling or labeling of all storm drain inlets and catch basins within the project area with prohibitive language (such as: "NO DUMPING -1 LIVE DOWNSTREAM") and/or graphical icons to discourage illegal dumping. 2. Post signs and prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points along channels and creeks within the project area. 3. Maintain legibility of stencils and signs. Step 4: Design Outdoor Material Storage Areas to Reduce Pollution Introduction Improper storage of materials outdoors may increase the potential for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the urban runoff conveyance system. Where the priority project plans include outdoor areas for storage of hazardous materials that may contribute pollutants to the urban runoff conveyance system, the following storm water BMPs are required: Ilazardous materials with the potential to contaminate urban runoff shall either be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. 2 The storage area shall be paved and sufficiently impervious to contain leaks and spills. 3- The storage area shall have a roof or awning to minimize direct precipitation within the secondary containment area. Step 5: Design Trash Storage Areas to Reduce Pollution Introduction AU trash container areas shall meet the following requirements (limited exclusion: detached residential homes): 1. The area shall be paved with an impervious surface, designed not to allow run-on from Page 24 adjoining areas, screened or walled to prevent off -site transport of trash; or, 2. Attached lids shall he mounted on all trash containers that exclude rain, or a roof or awning be installed to minimize direct precipitation. Step 6:Use Efficient Irrigation Systems & Landscape Design Priority projects shall design the timing and methods of application of irrigation water to minimize the runoff of excess irrigation water into the storm water conveyance system (with the limited exclusion of detached residential homes.) In compliance with the Water Conservation in Landscaping Act, the following methods to reduce excessive irrigation runoff shall he considered, and shall be incorporated and implemented where determined applicable and feasible by National City: 1. Employment of rain shutoff devices to prevent irrigation after precipitation. 2. Design of irrigation systems to each landscape area's specific water requirements. 3. Usc of flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. 4. Employment of other comparable, equally effective, methods to reduce irrigation water runoff. Step 7: incorporate Requirements Applicable to Individual Priority Project Categories Where identified in Table 2, the following requirements shall he incorporated into applicable priority projects during the storm water BMP selection and design process. Projects shall adhere to each of the individual priority project category requirements that apply to the project (e.g., a restaurant with more than 15 parking spaces would be required to incorporate the requirements for" g. Equipment Wash Areas" and "h. Parking Areas" into the project design). a. Private Roads The design of private roadway drainage shall use at least one of the following (for further guidance, see Start ut the Source [ 1999)): 1. Rural swale system: street sheet flows to vegetated swale or gravel shoulder, curbs at street corners, culverts under driveways and street crossings; 2. Urban curb/swale system: street slopes to curb, periodic swale inlets drain to vegetated swale/biofilter; 3. Dual drainage system: First flush captured in street catch basins and discharged to adjacent vegetated swale or gravel shoulder, high flows connect directly to storm water conveyance system. 4. Other methods, which are comparable and equally effective within the project may be used. Page 25 b. Residential Driveways & Guest Parking The design of driveways and private residential parking areas shall incorporate at least one of the following features: 1. Design driveways with shared access, flared (single lane at street) or wheelstrips (paving only under tires); or, draining into landscaping prior to discharging to the storm water conveyance system. 2. Pave temporary or guest parking on private residential lots with a permeable surface; or be, designed to drain into landscaping prior to discharging to the storm water conveyance system. 3. Other features which are comparable and equally effective. c. Dock Areas Loading/unloading dock areas shall include or observe the following: 1. Loading dock areas shall be covered or drainage designed to preclude urban run-on and runoff. 2. Direct connections to storm drains from depressed loading docks (truck wells) shall be prohibited. 3. Other features may be used which are comparable and equally effective. d. Maintenance Bays Maintenance bays shall include and observe the following: 1. Repair/maintenance bays shall be installed indoors; or, be designed to preclude urban run- on and runoff. 2. The repair/maintenance bay drainage system shall be designed to capture all wash water, leaks and spills. Drains shall be connected to a surnp for collection and disposal. Direct connection of the repair/maintenance bays to the storm drain system shall be prohibited. If required by National City, an Industrial Waste Discharge Permit shall be obtained by the business. OR 3. Other features which are comparable and equally effective may be used. e. Vehicle Wash Areas Priority projects that include areas for washing/steam cleaning of vehicles shall consider, and shall incorporate and implement where determined applicable and feasible by National City, the following: Page 26 1. Be self-contained; or covered with a roof or overhang; 2. Be equipped with a clarifier or other pretreatment facility; 3. Be properly connected to a sanitary sewer. 4. Consider other features which are comparable and equally effective for design and use. Outdoor Processing Areas Outdoor process equipment operations, such as rock grinding or crushing, painting or coating, grinding or sanding, degreasing or parts cleaning, landfills, waste piles, and wastewater and solid waste treatment and disposal, and other operations determined to be a potential threat to the water quality by National City shall adhere and observe the following requirements: 1. Areas that would be the most significant source of pollutants are to be covered or enclosed; or, slope the area toward a dead-end sump; or be discharged to the sanitary sewer system following appropriate treatment in accordance with conditions established by the applicable sewer agency. 2. Grade or berm the area to prevent run-on from surrounding areas. 3. Storm drains shall not be installed in areas of equipment repair. 4. Other features, which are comparable or equally effective, may be used. Equipment Wash Areas Outdoor equipment/accessory washing and steam cleaning activities at priority projects shall use or observe at least one of the following: 1. Be self-contained, or be covered with a roof or overhang; 2. Be equipped with a clarifier, grease trap or other pretreatment facility, as appropriate; 3. Be properly connected to a sanitary sewer. 4. Use other features, which are comparable or equally effective. h. Parking Areas To minimize the offsite transport of pollutants from parking areas, the following design concepts shall he considered, and shall be incorporated and implemented where determined applicable and feasible by National City: 1. Where landscaping is proposed in parking areas, landscape areas are to he incorporated into the drainage design. 2. Construct overflow parking (parking stalls provided in excess of National City's minimum parking requirements) with permeable paving. 3. Use other design concepts, which are comparable and equally effective. Page 27 i. Roadways Priority roadway projects shall select treatment control BMPs following the enhanced treatment control selection procedure identified in Section VI.2, "Establish Storm Water BMPs." 1. Fueling Areas Fuel dispensing areas shall contain the following: I. Use an overhanging roof structure or canopy. The cover's minimum dimensions must be equal to or greater than the arca within the grade break. The cover must not drain onto the fuel dispensing area and the downspouts must be routed to prevent drainage across the fueling area. The fueling area shall drain to the project's treatment control BMP(s) prior to discharging to the storm water conveyance system. 2. Be paved with Portland cement concrete (or equivalent smooth impervious surface). The use of asphalt concrete shall be prohibited. 3. An appropriate slope to prevent ponding shall he provided, and must he separated from the rest of the site by a grade break that prevents run-on of urban runoff 4. At a minimum, the concrete fuel dispensing area shall extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is Tess. k. Hillside Landscaping Hillside areas, as defined in this SUSMP, that are disturbed by project development shall be landscaped with deep-rooted, drought tolerant plant species selected for erosion control, satisfactory to National City. a. Treatment Control BMPs Minimizing a development's detrimental effects on water quality can be most effectively achieved through the use of a combination of site design, source and treatment control storm water BMPs. Priority projects shall be designed to remove pollutants of concern from the storm water conveyance system to the maximum extent practicable through the incorporation and implementation of treatment control BMPs. In meeting the requirements in this section, priority projects shall implement a single or combination of storm water BMPs that will remove anticipated pollutants of concern, as identified by the procedure in Section VI.1, in site runoff to the maximum extent practicable. Treatment control BMPs with a high or medium pollutant removal efficiency for the project's most significant pollutant of concern shall be selected. Treatment control BMPs with a low removal efficiency ranking shall only be approved by the City when a feasibility analysis has been conducted which exhibits that implementation of treatment control BMPs with a high or medium removal efficiency ranking are infeasible. Treatment control BMPs must be implemented unless a waiver is granted to the project by National City based on the infeasibility of any treatment control BMP. Page 28 Step 8: Design to Treatment Control BMP Standards All priority projects shall be designed, constructed and shall implement structural treatment control BMPs that meet the design standards of this section, unless specifically exempted by the limited exclusions listed at the end of Step 8. Structural treatment control BMPs required by this section shall he operational prior to the use of any dependent development, and shall be located and designed in accordance with the requirements in Step 8 and Step 9. National City may choose to eliminate one or more of the numeric volume or flow sizing methods listed below. Volume 1. Volume -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i. The volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area)4; or ii. The volume of runoff produced by the 85th percentile 24-hour runoff event, determined as the maximized capture urban runoff volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or iii. The volume of annual nrnolf based on unit basin storage volume, to achieve 90 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — Industrial/ Commercial, (1993), or iv. The volume of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile 24-hour runoff event,5 OR Now 2. Flow -based BMPs shall he designed to mitigate (infiltrate, filter, or treat) either: i. The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour for each hour of a storrn event; or 4. This volume is not a single volume to be applied to all of San Diego County. The size of the 85th percentile storm event is different for various parts of the County. National City has calculated the 85th percentile storm event using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, Copermittees shall describe their method for using isopluvial maps in their Jurisdictional SUSMP. 5. Under this volume criterion, hourly rainfall data may he used to calculate the 85th percentile storm event, where each storm event is identified by its separation from other storm events by at least six hours of no rain. If hourly rainfall data is selected, National City shall describe the method using hourly rainfall data in its Jurisdictional SUSMP. Page 29 ii. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or iii. The maximum flow rate of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile hourly rainfall intensity multiplied by a factor of two. Limited Exclusions: 1. Proposed restaurants, where the land area for development or redevelopment is less than 5,000 square feet, are excluded from the numerical sizing criteria requirements listed in Section VI.2.c, Step 8. 2. Where significant redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Section V1.2.c, Step 8 shall apply only to the addition, and not to the entire development. Step 9: Locate BMPs Near Pollutant Sources Structural treatment control storm water BMPs should be implemented close to pollutant sources to minimize costs and maximize pollutant removal prior to runoff entering receiving waters. Such BMPs may be located on- or off -site, he used singly or in combination, or be shared by multiple new developments, pursuant to the following requirements: 1. All structural treatment control BMPs shall be so located as to infiltrate, filter, and/or treat the required runoff volume or flow prior to its discharge to any receiving water body supporting beneficial uses; 2. Multiple post -construction structural treatment control BMPs for a single priority development project shall collectively be designed to comply with the design standards of Step 8; 3. Shared storm water BMPs shall be operational prior to the use of any dependent development or phase of development. The shared BMPs shall only be required to treat the dependent developments or phases of development that are in use; 4. Interim storm water BMPs that provide equivalent or greater treatment than is required by Section 3.a may be implemented by a dependent development until each shared BMP is operational. If interim BMPs are selected, the BMPs shall remain in use until permanent BMPs arc operational. Step 10: Restrictions on Use of Infiltration BMPs Three factors significantly influence the potential for urban runoff to contaminate ground water. They are: (i) pollutant mobility; (ii) pollutant abundance in urban runoff, and, (iii); soluble fraction of pollutant. The risk of contamination of groundwater may be reduced by pretreatment Page 30 of urban runoff A discussion of limitations and guidance for infiltration practices is contained in Potential Groundwater Contamination from Intentional and Non -Intentional Stormwater Infiltration, Report No. EPA/600/R-94/051, USEPA (1994). To protect groundwater quality, National City shall apply restrictions to the use of any BMPs that are designed to primarily function as infiltration devices (such as infiltration trenches and infiltration hasins). As additional ground water basin data is obtained, National City may develop additional restrictions on the use of any BMPs that allow incidental infiltration. At a minimum, the use of structural treatment BMPs designed to primarily function as infiltration devices shall meet or observe the following conditions6: I. Urban runoff from commercial developments shall undergo pretreatment to remove both physical and chemical contaminants, such as sedimentation or filtration, prior to infiltration. 2. All dry weather !lows shall be diverted from infiltration devices except for those non - storm water discharges authorized pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1): diverted stream flows, rising ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)1 to storm water conveyance systems, uncontaminated pumped ground water, foundation drains, springs, water from crawl space pumps, footing drains, air conditioning condensation, flow from riparian habitats and wetlands, water line flushing, landscape irrigation, discharges from potable water sources other than water main breaks, irrigation water, individual residential car washing, and dechlorinated swimming pool discharges. 3. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality al sites where infiltration structural treatment BMPs are to be used. 4. The vertical distance from the base of any infiltration structural treatment BMP to the seasonal high groundwater mark shall be at least 10 feet or as determined on an individual, site-specilic basis by the (.'opermittee. Where groundwater does not support beneficial uses, this vertical distance criterion may be reduced, provided groundwater quality is maintained. 5. The soil through which infiltration is to occur shall have physical and chemical characteristics (such as appropriate cation exchange capacity, organic content, clay content, and infiltration rate) that are adequate for proper infiltration durations and treatment of urban runoff for the protection of groundwater beneficial uses. 6. Infiltration structural treatment BMPs shall not be used for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as designated by National City in its SUSMP. 6. These conditions do not apply to structural treatment BMPs which allow incidental infiltration and are not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.) Page 31 7. 'i'he horizontal distance between the base of any infiltration structural BMP and any water supply wells shall be 100 feet or as determined on an individual, site -specific basis by National City. Where infiltration BMPs are authorized, their performance shall be evaluated for impacts on groundwater quality. In developing the Jurisdictional SUSMP, National City shall develop additional restrictions on the use of treatment control BMPs that are designed to primarily function as infiltration devices. National City shall consider the Section D.1.g. permit requirements to control the contribution of pollutants from one portion of the watershed to another portion of the watershed through interagency agreements among the Coperniittees. In those instances where National City determines that implementation of proposed infiltration BMPs within their jurisdiction has a potential impact to groundwater quality in another jurisdiction, National City will require a notification to by those proposing such use, in addition to requiring the above protection measures. 3. PROVIDE PROOF OF ONGOING STORM WATER BMP MAINTENANCE National City shall not consider structural BMPs "effective," and therefore shall not accept storm water BMPs as meeting the MEP standard, unless a mechanism is in place that will ensure ongoing long-term maintenance of all structural BMPs. This mechanism may he provided by National City or be required by the project proponent. As part of project review, if a project proponent is required to include interim or permanent structural BMPs in project plans. National City shall require that the applicant to provide verification of maintenance requirements through such means as may be appropriate, at the discretion of National City, including, but not limited to covenants, legal agreements, maintenance agreements, and/or conditional use permits. Maintenance Mechanisms 1. Public entity maintenance: National City may approve a public or acceptable quasi - public entity (e.g., the County Flood Control District, or annex to an existing assessment district, an existing utility district, a state or federal resource agency, or a conservation conservancy) to assume responsibility for maintenance, repair and replacement of the BMP. Unless acceptable to National City, public entity maintenance agreements shall ensure estimated costs are front -funded or reliably guaranteed, (e.g., through a trust fund, assessment district fees, bond, letter of credit or similar means). in addition, National City may seek protection from liability by appropriate releases and indemnities. National City shall have the authority to approve storm water BMPs proposed for transfer to any other public entity within its jurisdiction before installation. National City shall be involved in the negotiation of maintenance requirements with any other public entities accepting maintenance responsibilities within their respective jurisdictions; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. National City must be identified as a third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions. Page 32 2. Project proponent agreement to maintain storm water BMPs: National City may enter into a contract with the project proponent obliging the project proponent to maintain, repair and replace the storm water BMP as necessary into perpetuity. Security or performance bonds may be required. 3. Assessment districts: National City may approve an Assessment District or other funding mechanism created by the project proponent to provide funds for storm water BMP maintenance, repair and replacement on an ongoing basis. Any agreement with such a District shall he subject to the Public Entity Maintenance Provisions above. 4. Lease provisions: in those cases where National City holds title to the land in question, and the land is being leased to another party for private or public use, National City may assure storm water BMP maintenance, repair and replacement through conditions in the lease. 5. Conditional use permits: For discretionary projects only, National City may assure maintenance of storm water BMPs through the inclusion of maintenance conditions in the conditional use permit. Security may or performance bond may be required. 6. Alternative mechanisms: National City may accept alternative maintenance mechanisms if such mechanisms are as protective those listed above. Verification Mechanisms For discretionary projects, National City -approved methods of stonn water BMP maintenance shall be incorporated into the project's permit, and shall be consistent with permits issued by resource agencies before approval of discretionary permits. For projects requiring only ministerial permits, National City approved method of storm water BMP maintenance shall be incorporated into the permit conditions heforc the issuance of any ministerial permits. In all instances, the project proponent shall provide proof of execution of National City approved method of maintenance repair and replacement heforc the issuance of construction approvals. Public projects that are not required to obtain National City permits shall be required and be responsible for ensuring that National City approved methods of storm water BMP maintenance, repair and replacement is executed prior to the commencement of construction. For all properties, the verification mechanism will include the project proponent's signed statement, as part of the project application, accepting and guaranteeing responsibility for all structural RMP maintenance, repair and replacement, until a National City approved entity agrees to assume responsibility for structural BMP maintenance, repair and replacement. Maintenance Requirements 1. Operation & Maintenance (O&M) Plan: National City shall ensure that a copy of an Operation & Maintenance (O&M) plan, prepared by the project proponent satisfactory to National City, is attached to the approved maintenance agreement, which describes the designated responsible party to manage the storm water BMP(s), employee's training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of resource agency permits, and any other necessary activities. At a minimum, maintenance agreements shall require the inspection Page 33 and servicing of all stnictural BMPs on an annual basis. The project proponent or National City approved maintenance entity shall complete and maintain O&M forms to document all maintenance requirements. Parties responsible for the O&M plan shall retain records for at least 5 years. These documents shall be made available to National City for inspection upon request at any time. 2. Access Easement/Agreement: As part of the maintenance mechanism selected above, National City shall require an executed access easement that is binding on the land throughout the life of the project, or until such time that the storm water BMP requiring access is replaced. 4. WAIVER OF STRUCTURAL TREATMENT BMP REQUIREMENTS National City may provide for a project to be waived from the requirement of implementing structural treatment BMPs (Section VI.2.c, "Design to Treatment Control BMP Standards") if infeasibility can he established. National City shall only grant a waiver of infeasibility when all available structural treatment BMPs have been considered and rejected as infeasible. National City shall notify the Regional Board within 5 days of each waiver issued and shall include the name of the person granting each waiver. Waivers may only he granted from structural treatment BMP and structural treatment BMP sizing requirements. Priority development projects, whether or not granted a waiver may not cause or contribute to an exceedance of water quality objectives. Pollutants in runoff from projects granted a waiver must still he reduced to the maximum extent practicable. National City will implement a waiver program or at its option also develop a SUSMP waiver impact fee program to require project proponents who have received waivers to transfer the savings in cost, or a proportionate share thereof, as determined by the Copermittec, to a storm water mitigation fund. National City shall notity the RWQCB if a SUSMP waiver impact fee program is developed pursuant to this model SUSMP. SUSMP waiver impact fee program set out in jurisdictional SUSMP submissions, or in supplemental submissions if multiple Copermittees establish a joint mitigation fund program for that watershed may he substituted. The Jointly Developed by San Diego Copermitees SUSMP does not preclude National City from imposing any other fees or charges on development projects that are permitted by law, or from managing or expending the monies received from such non-SUSMP programs in any other manner authorized by law. Page 34 APPENDIX A STORM WATER BEST MANAGEMENT PRACTICES The following are a list of BMPs to minimize the introduction of pollutants of concern that may result in significant impacts to receiving waters. Other BMPs approved by National City as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. See Appendix B: Suggested Resources for additional sources of intormation. All BMPs must comply with local zoning and building codes and other applicable regulations. Site Design BMPs Minimizing Imjiervious Areas ❑ Reduce sidewalk widths u Incorporate landscaped buffer areas between sidewalks and streets. ❑ Design residential streets for the minimum required pavement widths u Minimize the number of residential street cul-de-sacs and incorporate landscaped areas within cul-de-sac centers with curb -cuts or equivalent and equally effective methods to reduce their impervious cover. u Use open space development that incorporates smaller lot sizes ❑ Increase building density while decreasing the building footprint u Reduce overall lot imperviousness by promoting alternative driveway surfaces and shared driveways that connect two or more homes together ❑ Reduce overall imperviousness associated with parking lots by providing compact car spaces, minimizing stall dimensions, incorporating efficient parking lanes, and using pervious materials in spillover parking areas Increase Rainfall Infiltration ❑ Use permeable materials for private sidewalks, driveways, parking lots, and interior roadway surfaces (examples: hybrid lots, parking groves, permeable overflow parking, etc.) ❑ Use curb -cuts or equivalent and equally effective methods that convey runoff into swales, landscaping, and natural areas prior to entering the MS4 ❑ Direct rooftop runoff to pervious areas such as yards, open channels, or vegetated areas, and avoid routing rooftop runoff to the roadway or the urban runoff conveyance system u Pitch driveways and parking areas toward yards and vegetated areas prior to draining into the MS4. Conserve and utilize natural soils and/or use amended soils to encourage light infiltration/percolation u Minimize disturbances to natural drainages Page 35 ❑ Minimize soil compaction in planned green space (landscaped areas, lawns, ctc.)'and re - till soils when compacted by grading/construction equipment Maximize Rainfall Interception u Maximizing canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native or drought tolerant trees and large shrubs. ❑ Cisterns / Rain barrels u Foundation landscaping Minimize Directly Connected Impervious Areas (DCIAs) u Draining rooftops into adjacent landscaping prior to discharging to the storm drain u Use curb -cuts or equivalent and equally effective methods that allow parking lots to drain into landscape areas co -designed as biofiltration areas and/or swales prior to draining into the MS4 u Draining roads, sidewalks, and impervious trails into adjacent landscaping Slope and Channel Protection u Use of natural drainage systems to the maximum extent practicable ❑ Stabilized permanent channel crossings ❑ Planting native or drought tolerant vegetation on slopes ❑ Energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels Maximize Rainfall Interception ❑ Cisterns u Foundation planting Increase Rainfall Infiltration ❑ Dry wells Source Control BNIPs u Storm dram system stenciling and signage o Outdoor material and trash storage area designed to reduce or control rainfall runoff u Efficient irrigation system Page 36 AMPA Treatment Control BMPs Biofilters ❑ Bioretention Swale (detains and infiltrates water through soil) ❑ Storm water Planter Box (open -bottomed) u Storm water Flow -Through Planter (sealed bottom) ❑ Vegetated filter strip ❑ Bioretention area ❑ Vegetated Roofs / Modules / Walls Detention Basins o Fxtended/dry detention basin with grass/vegetated lining u Extended/dry detention basin with impervious lining Infiltration Facilities u Infiltration basin o Infiltration trench u Dry well Permeable Paving ❑ Gravel ❑ Permeable asphalt ❑ Pervious concrete ❑ Unit pavers, ungrouted, set on sand or gravel ❑ Subsurface Reservoir Bed Wet Ponds and Wetlands ❑ Wet pond (permanent pool) u Constructed wetland 1)rainage Inserts o Oil/Water separator o Catch basin insert u Storm drain inserts o Catch basin screens Page 37 Filtration Systems ❑ Media filtration u Sand filtration Hydrodynamic Separation Systems u Swirl Concentrator ❑ Cyclone Separator Trash Racks and Screens Page 38 APPENDIX B S�1h1 4p.OURRCES _ A77 0 T (I.F _--�x a r 4. t..4 lx The County of San Diego Low Impact Development Handbook; Stormwater Management Strategies . (2007). Presents guidance for LID stormwater planning and management techniques. Fact Sheets on LID BMPs are provided in the Appendices. The County of San Diego The Deparunent of I'lanning and Land Use 5201 Ruffin Road, Suite B San Diego, CA 92123 lattn://www.sdcounty.ca.gov/dplu/LID PR.htntl www.sdeounty.ca.gov/dplu/ Better Site Design: A Handbook far Changing Development Rules in Your Community (1998) . Presents guidance for different model development alternatives. Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 www.cwp.org California Urban runoff hest Management Practices Handbooks (2003) for Construction Activity, Municipal, and Industrial/Commercial Presents a description of a large variety of Structural BMPs, Treatment Control, BMPs and Source Control BMPs Los Angeles County Department of Public Works Cashiers Office 900 S. Fremont Avenue Alhambra, CA 91803 626-458-6959 WWW.cabmphandbooks.org Caltrans Urban runoff Quality Handbook: Planning and Design Staff Guide (Best Management Practices Handbooks (1998) Presents guidance for design of urban runoff FIMPs California Department of Transportation P.O. Box 942874 Sacramento, CA 94274-0001 916-653-2975 Bioretention Manual (updated 2002) Presents guidance for designing, building, and maintaining hioretention facilities. Prince George's County Watershed Protection Branch 9400 Peppercorn Place, Suite 600 Landover, MD 20785 http://www.co.pg.md.us/Government/Agencyludex/DER /ESD/13ioretentionlbioretention.asp ('ontra Costa Clean Water Program Stormwater C.3 Guidebook Includes an integrated design approach to meet California Stormwater NPDES treatment and hydrograph modification management requirements using Low Impact Development site design techniques and facilities. Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 www.cecleanwater.org/construction/nd.php Design ofS'tormwuter Filtering Systems (1996) by Richard A. Claytur and "I R. Schuler Presents detailed engineering guidance on ten different urban runoff filtering systems. Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 Development Planning for Stormwater Management, A Manual for the Standard Urban Stormwater Mitigation Plan (S(ISMP), (May 2000) Los Angeles County Department of Public Works http://dpw.co.la.ca.us/epd/ or http://www.888clearif ,A.com Page 39 Florida Development Manual: A Guide to Sound Land and Water Management (1988) Presents detailed guidance for designing BMPs Florida Department of the Environment 2600 Blairstone Road, Mail Station 3570 Tallahassee, Fl. 32399 850-921-9472 Guidance Specifying Management Measures for Sources ofNonpoint Pollution in Coastal Waters (1993) Report No. EPA-840-B-92-002r Provides an overview of, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 800-553-6847 Guide for BMI' .Selection in Urban Developed Areas (2001) ASCE Envir. and Water Res. Inst. 1801 Alexander Bell Dr. Reston, VA 20191-4400 (800) 548-2723 Low -Impact Development Design Strategies - An Integrated Design Approach (June 1999) Prince George's County, Maryland Department of Environmental Resource Programs and Planning Division 9400 Peppercorn Place Largo, Maryland 20774 http://www.co.pg.md usrGavernmentiDER/PPD/pgcuunt y/lidmain.htm Maryland Stormwater Design Manual (1999) Presents guidance for designing urban runoff BMPs Maryland Department of the Environment 2500 Broening llighway Baltimore, MD 21224 410-631-3000 Notional Stormwater Best Management Practices (BMP) ' Database, Version 1.0 Provides data on performance and evaluation of urban runoff BMPs American Society of Civil Engineers 1801 Alexander Bell Drive Reston, VA 20191 703-296-6000 National Stormwater Best Management Practices Database (2001) Urban Water Resources Research Council of ASCE Wright Water Engineers, Inc. (303) 480-1700 Operation, Maintenance and Management of Stormwater Management (1997) Provides a thorough look at storm water practices including, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. Watershed Management Institute, Inc. 410 White Oak Drive Crawfordville, FL 32327 850-926-5310 Portland Stormwater Management Manual (2004) Includes design illustrations and criteria for hiorctention facilities. Environmental Services 1 120 SW 5th Ave.. Rm. 1000 Portland, OR 97204 503-823-7740 http: iwww.portlandonline.couvbes/index.cfm?c-35122 Potential Groundwater Contamination from Intentional and Non -Intentional Stormwater Infiltration Report No. LI'A/600/R-94/051, USEPA (1994). Page 40 +J %.Y , b .. t ! , Jy�)?1� i+�V iT Preliminary Data Summary of Urban runoff Best Management Practices (August 1999) EPA-821-R-99-012 http://www.epa.gov/ost/stormwater/ Reference Guide for Stormwater Rest Management Practices (July 2000) City of Los Angeles Urban runoff Management Division 650 South Spring Street, 7ih Floor Los Angeles, California 90014 http://www.lacity.orgisunlyvvmd/ Second Nature: Adapting LA's Landscape Pr Sustainable Living (1999) by Tree People Detailed discussion of BMP designs presented to conserve water, improve water quality, and achieve flood protection. 'free People 12601 Mullholland Drive Beverly Hills. ('A 90210 (818) 623-4848 Fax (818) 753-4625 Start ut the Source (1999) Detailed discussion ofpenncable pavements and alternative driveway designs presented. Bay Area Stormwater Management Agencies Association 2101 Webster Street Suite 500 Oakland, CA 510-286-1255 www.basmaa.org Stormwater Management in Washington State (1999) Vols. 1-5 Presents detailed guidance on BMP design for new development and construction. Department of Printing State of Washington Department of Fcology P.O. Box 798 Olympia, WA 98507-0798 360-407-7529 Stormwater, Grading and Drainage Control Code, Seattle Municipal Code Section 22.800-22.808, and Director's Rules, Volumes 1-4. (Ordinance 119965, efective.luly 5, 2000) City of Seattle Departrnent of Design, Construction & Land Use 700 5'1' Avenue, Suite 1900 Seattle, WA 98104-5070 (206) 684-8880 hup://www.cfseattle.wa.us/dclu/Codes/sgdccode.htm '!'eras Nonpoint Source Book Online Module (1998)www.txnpshook.org Texas Statewide Urban runoff Quality Task Force North Central Texas Council of Governments 616 Six Flags Drive Arlington, TX 76005 817-695-9150 (resents BMP design and guidance information on-line The Practice of Watershed Protection by Thomas R. Shchuler and' leather K. Holland Center for Watershed Protection 8391 Main Street Ellicott City. MI.) 21043 410-461-8323 www.cwp.org Urban Slonn Drainage, Criteria Manual — Volume 3, Best Management Practices (1999) Presents guidance for designing BMPs lirban Drainage and Flood Control District 2480 \Vest 26th Avenue, Suite 156-B Denver, CO 80211 303-455-6277 Page 41 APPENDIX C City of San Diego Localized Equivalent Area Drainage Method Pilot Study Proposal Introduction The San Diego National Pollutant Discharge Elimination System Municipal Storm Water Permit (Municipal Permit) contains requirements for certain new development and redevelopment projects to comply with Standard Urban Storm Water Mitigation Plans (SUSMPs). SUSMPs include requirements to implement pollutant source controls, to incorporate site design features, and to infiltrate or treat using structural control measures a portion of the storm water runoff to be generated by the new development or redevelopment project. The City of San Diego's Storm Water Pollution Prevention Program (Storm Water Program) developed, through collaboration with the Regional Water Quality Control Board (Regional Board), the development industry, and environmental organizations, a process designed to provide more efficient, integrated storm water treatment, resulting in water quality improvements more quickly. This process is called the Localized Equivalent Area Drainage method or "LEAD" method. Fundamental to the I.F.AD method is the protection of receiving water quality and support of designated beneficial uses through implementation of structural treatment control measures, also known as Best Management Practices (BMPs), to the maximum extent practicable. The LEAD method provides numerous benefits: • Promotes an integrated, watershed -based storm water treatment by treating runoff from entire sub -drainages once. • Protects receiving water quality and supports designated beneficial uses through implementation of structural BMPs to the maximum extent practicable. • Provides for accelerated benefits to receiving waters through implementation of structural BMPs in advance of new development or redevelopment projects. • Provides the flexibility required for projects being implemented in developed areas of the City where existing infrastructure limits opportunities for efficient BMP implementation. • Provides increased and more cost-effective opportunities for BMPs to reside in the public domain where BMP operation and maintenance can be assured. • Promotes efficient and integrated implementation of regional solutions in lieu of end -of - pipe solutions. II. LEAD Method — Overview Key aspects for consideration of the LEAD method include the following: • The LEAD method is applicable to infrll development and redevelopment projects located within existing developed areas. Page 42 • The LEAD method is applicable when implementation of BMPs to treat the runoff from an entire watershed or drainage area that would not otherwise require treatment is more feasible, practical, or beneficial to receiving waters than implementation of BMPs to treat the runoff from an individual project's footprint. • The LEAD method drainage area must be treated prior to discharging to a receiving water supporting beneficial uses. • All development and redevelopment projects subject to regulation under the SUSMP and which are qualified for the LEAD method must continue to address pollutants and conditions of concern at the project site through site design and source control: only the treatment control BMP requirements would be met at the alternative LEAD watershed. All development and redevelopment projects subject to regulation under the SUSMP are required to assess the pollutants and conditions of concern associated with the proposed project, and to address these pollutants and conditions through site design, source control, and treatment control BMPs. When the LEAD method is elected, estimates of pollutant load reductions obtained by treating the runoff from the project footprint in accordance with the SUSMP are made to quantify the reduction goal for the project. Then, an alternative treatment area is identified where an equivalent or greater pollutant Load reduction can be obtained. The alternative treatment areas must meet the following requirements: • Located within the proximity of the project. • Discharge to the same receiving water as the project. • Provide for equivalent or greater pollutant load reduction than at the project site. • Located in a drainage basin where no other requirement for treatment exists and treat the entire flow from the drainage basin. • BMPs must be implemented and operational before the project is complete. • Treat runoff from an area equivalent or greater than the project footprint. • Treat runoff from an equivalent or greater impervious area than the project. In all cases, the pollutant load reductions obtainable at the alternative LEAD method treatment area must be greater than that obtained at the project site. III. LEAD Method Pilot Study The City of San Diego proposes to conduct a pilot study to test the LEAD method and to determine the ability of the LEAF) method to promote and to achieve the pollution control objectives of the Municipal Permit. The City of San Diego's Storm Water Pollution Prevention Program is proposed as the pilot study lead agency and will be responsible for carrying out all elements of the study. Key attributes of the pilot study include the following: Page 43 • Eligible projects would be limited to areas located within existing developed areas of the City of San Diego. Projects would he limited to urbanized areas to ensure potential LEAD watersheds would not drain into receiving waters supporting beneficial uses prior to treatment at the LEAD method BMP location. • Eligible projects will be limited to projects permitted by the City of San Diego to ensure adequate oversight by the City of San Diego. • A LEAD method pilot study annual report will he submitted to the Regional Board each year of the study. The annual report will include a summary of progress of the pilot study over the previous year, changes proposed for the next year, and lists of projects where the method was applied, including a discussion of the results for each project. The annual report will keep the Regional Board apprised of the progress and results of the pilot study. The remainder of this pilot study proposal describes a proposed methodology that would be used to develop a project under the LEAD method. The document also presents a proposed methodology for completing the details of the methodology through collaboration between the City, the Regional Board, the development industry, and environmental organizations. IV. LEAD Methodology The general methodology for developing a project under the LEAD method is described in this section and illustrated in Figure 1. Step 1 — Determine Project Pollutant Reduction Treatment Goal la — Identify Pollutants and Conditions of Concern Using the process identified in the Final Model SUSMP and repeated in the City's Local SUSMP, determine whether the project would generate pollutants and/or conditions of concern. This step includes: • Identify proposed project type or category and anticipated and potential pollutants generated (SUSMP Section VI.l.a). • Identify pollutants of concern in the receiving waters to which the project would discharge (SUSMP Section VI.1 b and c). • identify those constituents that are potentially generated from the project or land use type and are pollutants of concern in the receiving waters. These are the pollutants of concern for this project. If project would discharge to receiving water that does not have specific listed pollutants of concern, select representative pollutants for the project category as shown in Table 1 of the SUSMP. Determine if project qualifies for the LEAD method. For a project to qualify for the LEAD method, it must meet all of the following criteria: Page 44 • The LEAD method is applicable to infill development and redevelopment projects located within existing developed areas of the City of San Diego where acceptable potential LEAD sub -drainages are located in the project's imtnediate vicinity. • The LEAD method is applicable when implementation of BMPs to treat the runoff from an entire watershed or drainage area that would not otherwise require treatment is more feasible, practical, or beneficial to receiving waters than implementation of BMPs to treat the runoff from an individual project's footprint. • The LEAD method is limited to projects within and permitted by the City of San Diego. • The project must propose adequate site design and source controls in the original project design. 1b — Estimate Project Site Pollutant Loading Estimate the pollutant loading for the developed qualifying project based on proposed site land use, characterization data, and water quality design volume. This includes: • Delineate project drainage area into land use types. Determine the water quality design volume for each land use type based on drainage areas, impervious factors, runolTcocfcient, and the methods prescribed in the SUSMP. • Determine representative pollutant event mean concentration for each pollutant of concern and land use type using Table A (to be developed). Calculate Average Pollutant Loading = Event Mean Concentration x Water Quality Design Volume (repeat for each pollutant of concern). lc — Determine Candidate Treatment Control BMPs for Project t Ising the process identified in the SUSMP, and the pollutants of concern identified in Step la, select appropriate BMPs from either Table 2 - Standard Storm Water BMP Selection Matrix, or Table 3 — Enhanced Treatment Control BMP Selection Matrix. The BMP selection should take into account both the pollutants of concern and site factors. 1d — Determine Pollutant Reductions Calculate the pollutant Toad reduction resulting from the selected BMPs for each of the pollutants for which pollutant loadings were determined under Step lb. This includes: • Determine the average percentage pollutant reduction for the BMPs using "fable B (to be developed). • Apply the pollutant load percent reduction to the average pollutant load estimate developed under Step lb to determine the average Load reduction with BMPs. This average Toad reduction is the minimum pollutant reduction treatment goal for an alternative LEAD method treatment area. Page 45 Step 2 — Evaluate LEAD Method Treatment Area 2a — Determine LEAD Project Characteristics Locations for candidate LEAD method BM Ps will be identified in master drainage plans and will drain to the same receiving water as the qualifying project(s). Once the LEAD method treatment area is selected from the master drainage plan, key characteristics of the LEAD method treatment arca watershed/sub-watershed must be determined. This includes: ■ Existing land use(s) and area(s) and impervious factor. • Drainage area. ■ Rainfall characteristics. 2b — Determine Water Quality Design Volume Estimate the water quality design volume fin the LEAD method treatment area using the methods prescribed in the SUSMP. This includes: • Delineate project drainage area into land use types. • Determine the water quality design volume for each land use type based on drainage areas, impervious factors, runolfcoefficient, and the methods prescribed in the SUSMP. 2c — Determine Loading for LEAD Method Treatment Area Pollutants of Concern Determine representative pollutant event mean concentration for each pollutant of concern and land use type using Table A (to be developed). Calculate Average Pollutant Loading = Event Mean Concentration x Water Quality Design Volume (repeat for each pollutant of concern). This calculation must be made for the potential LEAD method treatment area for the same pollutants of concern identified in Step 1 a for the project site. 2d — Determine Candidate Treatment Control BMPs for LEAD Method Treatment Area LEAD method treatment area BMPs will be identified in master drainage plans. The BMPs identified in the master drainage plans will take into account the pollutants of concern identified in Step 1 a, and will have been selected from either Table 2 - Standard Storm Water BMP Selection Matrix, or Table 3 — Enhanced Treatment Control BMP Selection Matrix. 2e — Determine Pollutant Reductions Calculate the pollutant load reduction resulting from the selected LEAD method treatment area BMPs for each of the pollutants for which average pollutant loadings were determined under Step 2c. This includes: • Detemtinc the average percentage pollutant reduction for the BMPs using Table B (to be developed). Page 46 • Apply the pollutant load percent reduction to the average pollutant Toad estimate developed under Step 2c to determine the average load reduction with the BMPs for each of the pollutants. 2f — Compare LEAD Method Treatment Area with Qualifying Project Requirements Compare the pollutant load reduction for the LEAD method treatment area with the pollutant reduction treatment goal for the qualifying project determined under Step 1 d: • If LEAD method Treatment Area Pollutants of Concern I .oad < Project Pollutants of Concern Load, repeat process with another LEAD site. • If LEAD method Treatment Area Pollutants of Concern Load = Project Pollutants of Concern Load, LEAD method Treatment Area is acceptable — Implement BMPs at LEAD method treatment area. • If LEAD method Treatment Area Pollutants of Concern Load % Project Pollutants of Concern Load, LEAD method Treatment Area is acceptable -- implement RMPs at LEAD method treatment area. While the comparison must be made for all pollutants of concern, there will typically be one pollutant of concern that will govern the comparison for any given combination of qualifying and LEAD project characteristics. V. LEAD Method Pilot Study Evaluation Fundamental to the LEAD method pilot study is the annual evaluation of the program. The City of San Diego proposes to develop the monitoring and evaluation methodology with San Diego BayKeeper, the American Public Works Association, and technical experts. The methodology would include a descriptive, qualitative component to evaluate indirect measures, which would minimally include the factors listed below. If funding becomes available, the evaluation methodology would include monitoring of the LEAD watershed and a similar watershed with treatment of an individual project site. As lead agency responsible for carrying out the pilot study, the City of San Diego's Storm Water Pollution Prevention Program will report the results of the program evaluation in an annual report to the Regional Board. The annual program report will include the following elements: • Listing and description of project(s) to date where the LEAD method was applied. The listing will include the name and location of each project site and associated LEAD method trcatment area. The description will include for each project site and associated LEAD method treatment area: identification of receiving waters; identification of pollutants and conditions of concern; a tabulation of post -project land use; a tabulation of pollutant loading estimates for each pollutant of concern, both without and with BMPs; a listing of the maintenance requirements and evaluation of how effectively the requirements have been fulfilled; and a listing of site design, source control, and structural treatment control BMPs implemented at the project site or LEAD method treatment area. Page 47 • l.isting and description of projects currently in the planning stage that are being evaluated for application of the LEAD method during the next 12-month period, where these are known at the time the annual report is submitted. • Proposed changes in the LEAD method to be implemented during the next 12-month period. The primary criterion for evaluating the effectiveness of the LEAD method will be to compare the loading of pollutants of concern that are removed at LEAD method treatment areas compared to pollutants of concern that would have been removed at the project site. A secondary criterion for evaluating the effectiveness of the LEAD method will be to compare the timing of BMPs implemented under the LEAD method with the timing under which BMPs might have been implemented outside the program. In general, the LEAD method will be considered to be effective when, 1) pollutant of concern loadings removed as a result of application of the LEAD method exceed loadings that would have been removed at the project site, and 2) BMPs are implemented in advance of the timing that would have been required without the LEAD method. Additional criteria for evaluating the effectiveness of the LEAI) method will be developed as part of the pilot study and will he discussed in the first annual report. VI. LEAD Method Issues to be Further Developed This LEAD method pilot study proposal provides a detailed framework for discussion between the City, the Regional Board, the development industry, and environmental organizations toward creating an acceptable LEAD method program. In addition to reaching agreement on the overall framework, several key issues will require significant additional development during the initial implementation of the pilot study. Several specific topics include: • Establishing land use or project category based event mean concentrations. • Establishing BMP performance standards for common BMP types. • Determining how to compare a LEAD method treatment area with a qualifying project when one or both projects propose a flow -based BMP methodology. Each of these is briefly discussed further. Establishing Event Mean Concentrations for Calculating Pollutant Loads In order to calculate pollutant loads, typical event mean concentrations for the potential pollutants of concern must be established for land uses and/or project categories to populate a table such as the suggested 'fable A. • For a number of the common land uses, sufficient land -use based monitoring has been conducted within San Diego County and throughout Southern California (e.g., data compiled by the Southern California Coastal Watershed Research Project) that a set of reasonable values for use in equivalent calculations can be established for a number of the potential pollutants of concern. This is true for such pollutants as total suspended Page 4t' sediment, nutrients, heavy metals, oxygen demanding substances (e.g., biological oxygen demand or carbonaceous oxygen demand), oil and grease, and certain indicator bacteria. o Data on other organic compounds is by and large below detection limits and it would be difficult to establish meaningful factors, so it is recommended that this not be included in an analysis. Data on pesticides is highly variable and often non -detectable and would be difficult to establish meaningful values. Data on trash is just now beginning to he compiled and will be highly variable. It is assumed that both a qualifying project and a LEAD method treatment area would incorporate trash/debris removal as part of the overall plan, and therefore calculating trash loads is also not recommended. Establishing BMP Performance In order to calculate pollutant loads, removal performance data for the potential pollutants of concern must be established for BMP categories to populate a table such as the suggested Table B. • Sufficient data has been published for both operating BMPs and pilot plant research from a number of sources throughout the country that a set of reasonable values for use in equivalent calculations can be established for a number of the potential pollutants of concern. This is true for such pollutants as total suspended sediment, nutrients, heavy metals, oxygen demanding substances (e.g., biological oxygen demand and carbonaceous oxygen demand), oil and grease and to a lesser extent certain indicator bacteria. • BMP performance data tier removal of other organic compounds suggests performance is by and large below detection limits and it would be difficult to establish meaningtirl factors, so it is recornrnended that this not he included in an analysis. • BMP performance data for the removal of low levels of pesticides is generally not available. • Data on trash removal through BMPs is just now beginning to be compiled and will be highly variable. It is assumed that both a qualifying project and a LEAD method treatment area would incorporate trash/debris removal as part of the overall plan, and therefore calculating trash loads is also not recommended. Comparing Flow -Based BMPs If a flow -based BMP approach (e.g. vegetated swales, biofilters, hydrodynamic separator) is proposed for either the qualifying project or the LEAD method treatment area, a direct calculation of volume of runoff treated and pollutant load reduced is substantially more complex than for volume - based BMPs (e.g., detention, retention). Methods can be established by evaluating hydrologic data and to develop an approximate relationship between maximum Clow treatment capacity and estimated volume treated or continuous simulation models such as the Storage Treatment Overflow Model could be run for each site. Page 49 City of National City, California COUNCIL AGENDA STATEMENT ,IEETING DATE February 5, 2008 AGENDA ITEM NO. 28 ITEM TITLE \ An Introduction of An Ordinance of the City Council of the City of National City Amending Title 14, Chapter 14.22, Storm Water Management and Discharge Control, of the NCMC PREPARED BY Barby Tipton EXPLANATION Please see attached. DEPARTMENT Engineering EXT. 4583 Environmental Review J. N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMEND ION Introduce Ordinan •,+ 1 COMMISSIO RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 1. 2. Amended Ordinance Ordinance A-200(Rev .7/03) EXPLANATION: On January 24, 2007, The San Diego Regional Water Quality Control Board issued the National Pollutant Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-001 which required Changes to chapter 14.22 Chapter, STORM WATER MANAGEMENT AND DISCHARGE CONTROL. The main proposed changes are summarized below: • General editorial formatting for capitalization, punctuation, etc. • Updated definitions to match those in the Municipal Permit and/or to match current industry standards. • Updated references to code sections and RWQCB Order numbers where necessary. • Generally changed the language in sections related to industrial and commercial businesses from "facilities" to "dischargers". This change allows the requirements to apply to mobile businesses in addition to stationary businesses, as required by the new Municipal Permit. • Previously the code had different levels of best management practice (BMP) requirements based on the priority of the discharger. This distinction has largely been removed in the new Municipal Permit, so the code was revised to make BMPs required whenever they are applicable regardless of the prioritization of the discharger. • Categories of regulated dischargers were updated to match those in the new Municipal Permit. • Activities and business types subject to activity specific BMPs were revised to meet new Municipal Permit requirements and for clarity. • Removed industrial monitoring requirement for high priority industrial facilities, as the Municipal Permit no longer has this requirement. • Added text that gives authority to require additional controls for residential, commercial, industrial, and construction sites or activities that are discharging to 303(d) listed areas or ESAs. • Added text requiring property owners to conduct and submit annual verification of maintenance of treatment control BMPs. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 14.22 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL Be it ordained that the City Council hereby amends Title 14, Chapter 14.22 of the National City Municipal Code, to read: Chapter 14.22 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 14.22.010 Title. 14.22.020 Purpose and intent. 14.22.030 Definitions. 14.22.040 General provisions. 14.22.050 Reduction of pollutants in storm water — Minimum requirements 14.22.060 Watercourse protection. 14.22.070 Illicit connection and illegal discharge of pollutants - Prohibited 14.22.080 Exceptions to discharge prohibition. 14.22.090 Best management practice requirements and general requirements applicable to all discharges. 14.22.100 Additional minimum best management practice requirements for residential activities and facilities. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. 14.22.140 City best management practices manual. 14.22.150 Additional requirements for land disturbance activity. 14.22.160 Additional planning, design, and post construction requirements for all land development and redevelopment projects. 14.22.170 Maintenance of BMP"s 14.22.180 Inspection and sampling. 14.22.190 Enforcement. 14.22.200 Enforcement authority. 14.22.210 Other acts and omissions that are violations. 14.22.220 Penalties. 14.22.230 Restrictions and conditions on issuance of'ministerial and discretionary development permits. 14.22.010 Title. This chapter shail be known as the "National City Storm Water Management and Discharge Control Ordinance" and be so cited. 1 14.22.020 Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the city is compliant with San Diego Regional Water Quality Control Board (RWQCB) Order No. 2001-01 National Pollutant Discharge Elimination System (NPDES) Permit Number CAS 0108758 and with applicable state and federal law. The city seeks to promote these purposes by: 1. Controlling non -storm waterstorm water discharges to the storm waterstorm water conveyance system; 2. Eliminating discharges to the storm waterstorm water conveyance system from spills, dumping or disposal of materials other than storm water or permitted or exempted discharges; 3. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable (MEP); 4. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County; 5. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution; 6. Establishing requirements for development project site design, to reduce storm water pollution and erosion; 7. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and to enhance existing water -dependent habitats; 8. Establishing notice procedures and standards for adjusting storm water and non - storm water management requirements where necessary. B. The intent of this chapter is to protect and enhance the water quality of the watercourse, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RWQCB Order No. 2001-01, NPDES Permit Number CAS 0108758 and any subsequent amendments, revisions or reissuance of the permit and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by Ordinance 2213 on November 19, 2002 and any subsequent adopted amendments, revisions or modifications. 14.22.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: "Authorized enforcement official" means the city manager of the city of National City or any designee of the city manager of the city of National City who is responsible for enforcing the provisions of this chapter, including but not limited to, the directors, their management staff and designees. "Basin plan" means the Comprehensive Water Quality Control Plan for the San Diego Basin, adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved bythe state Water Resources Control Board, together with subsequent amendments. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce to the MEP the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or teaks, sludge or waste disposal or drainage from raw materials storage. "BMPs" means best management practices. "California ocean plan" means the Califomia Ocean Plan: Water Quality Control Plan for Ocean Waters of California, adopted by the state Water Resources Control Board, September 1991, and any subsequent amendments. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. "Commercial discharger" means discharger who operates a regulated commercial facility. "City" means the city of National City. "Developer" means a person who seeks or receives permits for or who undertakes land development activity. "Development project proponent" means developer. "Directors" means the director of public works/engineering. "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water or to allow storm water or non -storm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means the pollutants, storm water and/or non -storm water that is discharged. "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. "Discharges directly to" means that storm water or non -storm water enters receiving waters from a facility or activity without mixing with any storm water or non -storm water from another facility or activity prior to entering such receiving waters. "Drainage easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes. "Employee training program" means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 3 1. Laws, regulations and local ordinances associated with storm water pollution prevention and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the difference between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on -site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. A documented employee training program prepared pursuant to any NPDES storm water permit sha114.22.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: "Authorized enforcement official" means the City Manager of the City of National City or any designee of the City Manager of the City of National City who is responsible for enforcing the provisions of this chapter, including but not limited to, the directors, their management staff and designees. "Basin plan" means the Comprehensive Water Quality Control Plan for the San Diego Basin, adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved by the state Water Resources Control Board, together with subsequent amendments. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce to the MEP the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or Teaks, sludge or waste disposal or drainage from raw materials storage. "BMPs" means best management practices. "California ocean plan" means the California Ocean Plan: Water Quality Control Plan for Ocean Waters of California, adopted by the state Water Resources Control Board, September 1991, and any subsequent amendments. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. "Commercial discharger" means discharger who operates a regulated commercial facility. "City" means the City of National City. "Developer" means a person who seeks or receives permits for or who undertakes land development activity. "Development project proponent" means developer. "Directly adjacent to" means situated within 200 feet of. "Directors" means the City Engineer or the Director of Public Works. "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water or to allow storm water or non -storm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means the pollutants, storm water and/or non -storm water that is discharged. 4 "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. "Discharges directly to" means that storm water or non -storm water enters receiving waters from a facility or activity without mixing with any storm water or non -storm water from another facility or activity prior to entering such receiving waters. "Drainage easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes. "Employee training program" means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations and local ordinances associated with storm water pollution prevention and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the difference between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on -site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. A documented employee training program prepared pursuant to any NPDES storm water permit shall meet the definition of an employee training program for the purposes of this chapter. "Enclosed Bays and Estuaries Plan" means the California Enclosed Bays and Estuaries Plan: Water Quaiity Control Plan for Enclosed Bays and Estuaries of Califomia, adopted by the State Water Resources Control Board, April 11, 1991, and any subsequent amendments. "Environmentally sensitive area" means impaired water bodies, areas designated as areas of special biological significance or with the RARE beneficial use by the SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and amendments), national wildlife refuges, areas designated as preserves for species protection purposes by the state of California or a local government and pre -approved mitigation areas identified in agreements between the City and state or federal natural resources agencies. "ESA" means environmentally sensitive area. "Household hazardous waste" means a household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes, but is not limited to: paint and paint -related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries. "illegal connection" means a pipe, facility or other device connected to the storm water conveyance system or receiving waters, which has not been reviewed and authorized by the City; or a permitted/authorized pipe, facility or other device, which conveys illegal discharges. "Illicit connection" means any unpermitted or undocumented physical connection to the storm water conveyance system which has not been approved by the City or which drains illegal discharges either directly or indirectly into a storm water conveyance system. 5 "Illegal discharge" means any non -permitted or nonexempt discharge to the storm water conveyance system that is not composed entirely of storm water or is expressly prohibited by federal, state or local regulations, laws, codes or ordinances or degrades the quality of receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the Califomia ocean plan standards. "Impaired water body" means a water body that is fisted by the SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Federal Clean Water Act. "303(d)-listed water body" has the same meaning. "Impervious cover or impervious surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways. "Impervious surface area" means ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if from directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself. "Industrial activity" means manufacturing, processing or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, such manufacturing, processing or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation or conveyance of any raw material, intermediate product, finished product, by-product or waste product. "Industrial discharger" means a discharger who operates a regulated industrial facility. "Industrial storm water permit" means the state general industrial storm water permit. "Infiltration" means the process of percolating storm water or non -storm water into the soil. "Infiltration BMPs or infiltration facility" means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands or filtering swales are not infiltration facilities. "JURMP" is an acronym for Jurisdictional Urban Runoff Management Program. This document presents the City's storm water program in compliance with the municipal permit. "Land development activity" means any activity or proposed activity that requires any of the permits or approvals listed in Section 14.22.040(F) of this chapter. "Land disturbance activity" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity or the original purpose of the facility, nor does it include emergency construction activities or maintenance activities required to protect public health and safety. "Land owner" means the holder of legal title to the land and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement or long-term lease. "Low Impact Development (LID)" means a storm water management and land development strategy that emphasizes conservation and the use of on -site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre -development hydrologic features. "Maintenance [of a BMP]" means periodic action taken to maintain the as designed performance of a BMP and includes, but is not limited to, repairs to the BMP as necessary and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life. "Manual" means the City's Best Management Practices Manual described in Section 14.22.040 (G) of this chapter, adopted by resolution and hereinafter referred to as "manual". "Maximum extent practicable" is an acceptability standard for best management practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as storm water regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. "MEP" means maximum extent practicable. "Motor vehicle" means any automobile, car, truck, bus, motor home or other self-propelled vehicle used or suited to use for on -road transportation; and any similar vehicle modified for off -road use. "Municipal facility" means a facility owned or operated by the City of National City that is used for a governmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenues are not municipal facilities. (The commercial or industrial lessees of such facilities may, however, be subject to this chapter as commercial dischargers or industrial dischargers). "National pollution discharge elimination system (NPDES) permit" means a national pollutant discharge elimination system permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board and or the Regional Water Quality Control Board. "NPDES Permit No. CAS 0108758" means RWQCB Order No. 2007-0001, NPDES Permit No. CAS 0108758, Waste Discharge Requirements for Discharges of Urban Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority. "Non -storm water discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. "Plan standard" means any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the Califomia ocean plan. "Pollutant" may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, industrial waste and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the inland Surface Water Plan and the California Ocean Plan 7 standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), total suspended and settleable solids, nutrients, metals, cyanides, phenols and biocides. A pollutant also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the California ocean plan standards by altering any of the following parameters: pH, biochemical oxygen demand (BOD), chemical oxygen demand (COD) and temperature. "Premises" means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved. "Rainy season" means the period from October 1 through April 30. "Receiving water" means surface bodies of water, as described in Order No. 90-42 of the Regional Water Quality Control Board, San Diego Region, which serve as discharge points for the storm water conveyance system, including San Diego Bay, Paradise Creek and the Paradise Creek Marsh, the Sweetwater River and the Sweetwater River Flood Control Channel, the 7th Street Channel and La Paleta Creek. "Redevelopment" means any construction, alteration or improvement of an already developed site that will increase the total impervious surface area of that site or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance. activity and other activities that create additional impervious surfaces. "Regulated commercial facility" means all non-residential facilities engaged in business or commerce, whether for profit or not -for -profit or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non -storm water or the discharge of pollutants to storm water. "Regulated industrial facility" means any facility subject to the state general industrial storm water permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials or refuse; and any other facility with a total outdoor uncovered area of more than two acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the state general industrial storm water permit. "Residential discharger" means, for an occupied residence, the occupants; and for a vacant residence, the owner and the manager of the residence. "RWQCB" means the Regional Water Quality Control Board for the San Diego region. "Significant Redevelopment" means development in the City that would create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing areas related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and replacement of damaged pavement. 8 "Standard urban storm water mitigation plan (SUSMP)" means a plan designed to reduce pollutants and runoff flows from new development and significant redevelopment. It was adopted by Ordinance 2213 of November 12, 2002, together with any amendments or revisions now or hereafter adopted. "State general construction storm water permit" means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto. "State general industrial storm water permit" means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities and any amendments thereto. "Stop work order" means an order issued which requires that specifically identified activity or all activity on a site be stopped. "Storm water" means surface runoff and drainage associated with storm events and snow melt. "Storm water conveyance system" includes but is not limited to those municipal facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channels or storm drains. "Storm water management" means the use of structural or non-structural BMPs that are ' designed to reduce urban run-off pollutant loads, discharge volumes and/or peak discharge flow rates or velocities. When applied to the City or another municipality, storm water management also includes planning and programmatic measures. "Storm water management plan" means a plan, submitted on a City form or in a City - specific format in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and non -storm water management during the permitted activity. "Storm water pollution prevention plan (SWPPP)" means a document which describes the on -site program activities to eliminate or reduce to the MEP, pollutant discharges to the storm water conveyance system. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premise and have a reasonable potential to impact storm water quality; 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error; 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the storm water conveyance system; 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets and point(s) of discharge to a municipal storm water conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area; 5. An employee training program, as defined in subsection D of this section, including training outlines and training records; 6. A description of any storm water monitoring program that is conducted on the site. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES storm water permit shall meet the definition of a storm water pollution prevention plan for the purposes of this chapter. "Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition) or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non -storm water discharges. 9 "Structural post -construction BMP" means a structural BMP (other than a temporary construction -related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters or to prevent or reduce erosion downstream from the project. All treatment control BMPs are structural post -construction BMPs. "SWRCB" means the State Water Resources Control Board. "Surface waters plan" means the "California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California" adopted by the state Water Resources Control Board, April 11, 1991 or the most current amendments thereto. "Treatment Control BMP" means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any other physical, biological, or chemical process. "Treatment control" has the same meaning. "Tributary to an impaired water body" means a facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters: 1. The storm water conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge to the impaired water; 2. A flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or 3. An ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired from the facility or activity to the impaired water body during such storm events. "Urban run-off" means all flows in a storm water conveyance system in the City other than point source discharges in violation of a site -specific NPDES permit. Urban run-off includes, but is not limited to, storm water, exempt non -storm water discharges and illicit discharges. "Water main" means a potable or recycled water delivery line greater than or equal to four inches in diameter. "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. Watercourse does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. "Water quality standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the state or United States Environmental Protection Agency to protect those uses. "Waters of the United States" means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. (In general, this includes "navigable" waters, waters tributary to "navigable" waters and adjacent wetlands). 14.22.040 General provisions. A. Responsibility for Administration. This chapter shall be administered for the City by its authorized enforcement officials. B. Effective Date. This chapter shall be effective March 20, 2008. C. Construction and Application. This chapter shall be interpreted to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations and NPDES Permit No. CAS108758 and any amendments, revision or reissuance thereof and SUSMP. This 10 chapter is not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute or other provision of law. The requirements of this chapter should be considered minimum requirements and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm water and non -storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste discharge requirements permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB. D. Recycled Water. This chapter is not intended to prohibit or prevent the use of recycled water or the discharge of recycled water after use. This chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment. E. Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid. F. City Permits and Approvals. 1. An application for any of the following discretionary permits or approvals shalt be accompanied by plans demonstrating how the requirements of this chapter will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this chapter: Conditional use permit (including modification or extension); Coastal development permit; Parcel map (and modifications); Reclamation plan; Planned development permits; Planned unit development permits; Planning commission approval of plans; Site plan review; Tentative map (and amendments to conditions of approval or time extension); Tentative parcel map; or Variance. 2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the manual will be met and the permit or approval shall not be approved unless the decision maker determines that the application complies with those requirements: a. Administrative clearing permit; b. Lot line adjustment; c. Final map modification; d, Grading plan (including modification or renewal); e. Improvement plan (including modification); f. Landscape plan; g. Building permit; h. Construction right-of-way permit; i. Encroachment permit; j. Excavation permit; k. On -site wastewater system permit; I. Underground tank permit; or m. Well permit. G. Guidance Documents. Any authorized enforcement official may prepare, circulate for public comment, disseminate and maintain guidance documents addressing the use of 11 pollution prevention practices and BMPs for specific activities or facilities, illicit connections and illegal disposal. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter. These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activity and land development activity to prevent or control pollution to the MEP. Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger or proposed in a grading plan, a storm water pollution prevention plan (SWPPP), an enforcement settlement offer or any other submittal to the City, are BMPs that will prevent or control pollution to the MEP. These case -specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances and do not constrain the discretion of authorized enforcement officials. Where appropriate and provided the same protection is provided to the environment, authorized enforcement • officials may depart from these guidance documents when making case -specific decisions authorized by this chapter. 14.22.050 Reduction of pollutants in storm water --Minimum requirements. Any person engaged in activities, which will or may result in pollutants entering the City storm water conveyance system shall undertake all measures to reduce such pollutants to the MEP. The following minimum requirements shall apply: A. Business -related Activities. All owners or operators of premises where pollutants from business related activities may enter the storm water conveyance system must reduce any such pollutants as are generated from said premises to the MEP. The authorized enforcement official may require the business to develop and implement a SWPPP, as defined in Section 14.22.090 of this chapter. Examples of business related activities are maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading and/or cleanup procedures which are carried out partially or wholly out of doors. B. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the City storm water conveyance system to the MEP, but not less than once prior to each rainy season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. C. BMPs for New Developments and Redevelopments. Any person performing construction work in the City shall prevent, to the MEP (maximum extent practicable), pollutants from entering the storm water conveyance system by complying with Section 7013 of the 1991 Uniform Building Code as amended by Chapter 15.70 of this code, the Standard Specifications for Public Works Construction Manual and applicable provisions of the general construction activity storm water NPDES permit issued by the State Water Resources Control Board (SWRCB) and the SUSMP. The City Engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. D. Compliance with NPDES Storm Water Permits. Each industrial discharger, discharger associated with construction activity or other discharger subject to any NPDES storm water permit addressing such discharges, as adopted by the United States Environmental Protection Agency, the SWRCB or the RWQCB, shall comply with and undertake all other 12 activities required by any storm water permit applicable to such discharges, including but not limited to, the SWRCB statewide general industrial and general construction activity storm water permits and the RWQCB general de -watering permits. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. E. Compliance with BMPs. Every person owning or operating any activity, operation or facility will comply with storm water BMPs adopted by federal, state, regional or local agencies, as applicable. 14.22.060 Watercourse protection. A. Every person owning property through which a watercourse passes or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion. B. No person shall commit or cause to be committed any of the following acts, unless a written permit has been obtained from the City Engineer and the appropriate state or federal agencies, if applicable: 1. Discharge pollutants into or connect any pipe or channel to a watercourse; 2. Modify the natural flow of water in a watercourse; 3. Carry out developments within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is the greater distance from the top of the bank; 4. Deposit in, plant inor remove any material from a watercourse including its banks, except as required for necessary maintenance; 5. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or 6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow or to cause a probability of such material being carried away by storm water passing through such a watercourse. 7. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game stream alteration permit process. 14.22.070 Illicit connection and illegal discharge of pollutants --Prohibited. A. Illegal Discharges. The discharge of pollutants directly or indirectly into the storm water conveyance system or receiving waters in non -storm water is prohibited, except as exempted in Section 14.22.080 of this chapter. The discharge of pollutants directly or indirectly into the storm water conveyance system or receiving waters in storm water is prohibited, unless the applicable requirements of this chapter have been met. B. Illicit Connection. It is prohibited to establish, use, maintain or continue illicit connections to the City storm water conveyance system, regardless of whether such connections were made under a permit or other authorization or other authorization or whether permissible under the law or practices applicable or prevailing at the time of connection. C. Litter, Dumps and Stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. 13 14.22.080 Exceptions to discharge prohibition. The following discharges are exempt from the prohibition: A. Separately Permitted Discharges. Storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste discharge requirements permit or under a general NPDES permit (including the state general industrial storm water permit or state general construction storm water permit), are exempt from discharge prohibitions established by this chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the RWQCB. Except as provided in Section 14.22.040(C), these discharges are not otherwise exempted from this chapter. B. Categorically Allowed Discharges Subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this chapter, but dischargers must install, implement and maintain the applicable BMPs set out in Section 14.22.090 of this chapter: 1. Discharges from potable water sources other than water main breaks; 2. Diverted stream flows (provided required permits are obtained); 3. Flows from riparian habitats and wetlands; 4. Foundation drains (not including active groundwater dewatering systems); 5. Individual residential washing of vehicles; 6. Irrigation water including recycled water used for irrigation; 7. Landscape irrigation; 8. Lawn watering; 9. Rising ground water; 10. Swimming pool discharges (if dechlorinated to Tess than one PPM chlorine); 11. Uncontaminated ground water infiltration to storm drains; 12. Uncontaminated pumped ground water; 13. Water from crawl space pumps; and 14. Water from footing drains (not including active groundwater dewatering systems). C. Categorically Allowed Discharges Not Subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this chapter and are not subject to Section 14.22.090: 1. Air conditioning condensation; 2. Flows from emergency fire fighting activities; 3. Springs; and 4. Water line flushing. D. Exemptions to Protect Public Health and Safety. Discharges determined by any authorized enforcement official to be necessary to protect public health and safety are exempt from discharge prohibitions established by this chapter, provided any conditions on such discharges imposed by the authorized enforcement official are satisfied. In emergency circumstances, the determination of an authorized enforcement official that a discharge is necessary may initially be oral but must be promptly confirmed in writing by an authorized enforcement official. In non -emergency situations, a prior written determination is required to exempt a discharge. E. On -site Wastewater Systems. Discharges to the subsurface from permitted properly functioning on -site wastewater systems are not prohibited by this chapter. F. Exemptions Not Absolute. Any discharge category described in subsection (B) above that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm water conveyance system or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specked by an authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational. 14 14.22.090 Best management practice requirements and general requirements applicable to all discharges. A. Applicable Requirements. All dischargers in the City must comply with the generally applicable prohibitions and requirements in Sections 14.22.010 through 14.22.080 of this chapter and must also comply with any other parts of this chapter (including relevant parts of the manual) that are applicable to the type of facility or activity owned or operated by that discharger. B. Minimum BMPs for All Dischargers. All dischargers in the City must install, implement and maintain at least the following minimum BMPs: 1. Eroded Soils. Prior to the rainy season, dischargers must remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the storm water conveyance system or receiving waters during the rainy season. 2. Pollution Prevention. Dischargers employing ten or more persons on a full-time basis shall implement those storm water pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous. 3. Prevention of Illegal Discharges. Illicit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed) and illegal discharge practices eliminated. 4. Slopes. Completed slopes that are more than five feet in height, more than two hundred fifty square feet in total area and more than a three -to -one run -to -rise ratio in grade that have been disturbed at any time by clearing, grading or landscaping shall be protected from erosion prior to the first rainy season following completion of the slope and continuously thereafter. 5. Storage of Materials and Wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water or contains contaminated runoff for treatment and disposal. 6. Use of Materials. All materials with the potential to pollute urban runoff (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the storm water conveyance system. C. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure in the same or similar circumstances. D. Storm Water Pollution Prevention Plan. An authorized enforcement official may require a commercial, industrial or land disturbance activity discharger to prepare and submit a SWPPP for approval by that official if: 1. The discharger does not come into compliance with this chapter after one or more warnings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or 2. The facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this chapter. Any discharger required to submit and to 15 obtain approval of a SWPPP shall install, implement and maintain the BMPs specified in the approved SWPPP. The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water to the MEP. If the facility is an industrial facility, the SWPPP submitted to the City shall at a minimum meet the requirements of the state NPDES general industrial storm water permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the City shall at a minimum meet the requirements of the state NPDES general construction storm water permit. If a facility required to submit a SWPPP to the City discharges non -storm water to groundwater, the facility shall obtain a RWQCB permit as required by the state water code and shall describe the requirements of that permit in the SWPPP. Whenever submission of a SWPPP is required pursuant to this chapter, an authorized enforcement official may take existing City BMPs into account when determining whether the practices proposed in the SWPPP are BMPs that will prevent or control pollution to the required level of MEP. E. Notification of Spills, Releases and Illegal Discharges. Spills, releases and illegal discharges of pollutants to receiving waters or to the storm water conveyance system shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges with the potential to endanger health, safety or the environment shall be reported to the directors within twenty-four hours of discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illegal discharge. F. Sampling, Testing, Monitoring and Reporting. Commercial, industrial or land disturbance activity dischargers shall perform the sampling, testing, monitoring and reporting required by this chapter. In addition, an authorized enforcement official may order a discharger to conduct testing or monitoring and to report the results to the City if (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the City to provide any information related to the discharger's activities. Testing and monitoring ordered pursuant to this subsection may include the following: 1. Visual monitoring of dry weather flows, wet weather erosion and/or BMPs; 2. Visual monitoring of premises for spills or discharges; 3. Laboratory analyses of storm water or non -storm water discharges for pollutants; 4. Background or baseline monitoring or analysis; and 5. Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger). The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported and may determine when required sampling, testing or monitoring may be discontinued. G. Mitigation, All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action and to submit a summary of completed mitigation by a specified date. 16 14.22.100 Additional minimum best management practice requirements for residential activities and facilities. A. Applicable Requirements. The requirements in this section apply to all residential dischargers within the City. All residential dischargers must install, implement and maintain the BMPs identified in Section 14.22.090(B) for all dischargers and at least the additional minimum BMPs specified below for the category of activities conducted by that discharger. B. Motor Vehicle or Boat Repair and Maintenance. 1. Motor vehicle and boat repair and maintenance activity shall be performed under a permanent roof or other permanent cover, if such space is available. Maintenance and repair activities that are conducted without cover or without BMPs to prevent pollutant discharges are prohibited during times of precipitation. 2. Any release of fluids during repair or maintenance shall be promptly contained and cleaned up. Any absorbent materials used must be disposed of properly. 3. Automotive and boat materials and wastes must be stored indoors or under cover or in secure and watertight containers. C. Motor Vehicle Washing. 1. Vehicles shall be washed over porous surfaces such as gravel areas where feasible. 2. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. 3. The use of "hose off' or single use engine degreasing chemicals is prohibited, unless captured and disposed of properly. 4. Motor vehicle washing other than individual residential motor vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer. D. Motor Vehicle Parking. 1. Residents shall remove excessive accumulations of oil and grease deposited by vehicles they own from parking areas, using dry cleaning methods (e.g., absorbents, scraping, vacuuming or sweeping). 2. Residents shall move vehicles from streets when notified to do so to allow street cleaning. E. Home and Garden Care Activities and Product Use. 1. Irrigation systems should be adjusted to avoid excessive runoff. 2. Spills of gardening chemicals, fertilizers or soils to non -porous surfaces must be cleaned up and properly disposed. 3. Lawn and garden care products must be stored in dosed labeled containers; or in covered areas; or off the ground under protective tarps. 4. Household hazardous waste may not be disposed of directly or indirectly to the trash or to the street, gutter or storm drain. 5. Lawn waste (green waste) may not be disposed of directly or indirectly to the street, gutter, or storm water conveyance system. F. Home Care and Maintenance. 1. Painting equipment may not be cleaned out in or over streets, sidewalks or gutters. 2. Action shall be taken to minimize and contain all spills of hazardous materials, if it is safe to do so. 3. Household hazardous materials must be stored indoors or under cover and in closed and labeled containers. 4. Household wash waters (carpet cleaning, mop water, washing machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to the street, gutter or 17 storm drain or to receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. 5. Trash and other unwanted household items may not be disposed of to the street, gutter, or storm water conveyance system. G. Manure and Pet Waste Management. 1. Manure deposited by horses and large animals within an enclosure or on uncovered areas, from which runoff could enter receiving waters or the storm water conveyance systems, must be cleaned up at least once weekly and either be composted or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the storm water conveyance system. 2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system. 3. Pet waste shall not be disposed to the storm water conveyance system or receiving waters. H. Private Sewer Laterals and On -site Wastewater Systems. 1. Private sewer laterals shall be cleaned, maintained and when necessary replaced to prevent seepage and spills. On -site wastewater systems shall be pumped, maintained and when necessary modified or replaced to prevent spills. 2. Spills from private sewer laterals and on -site wastewater systems shall be contained and cleaned -up in a manner that minimizes any release of pollutants to the storm water conveyance system or receiving waters. 3. Any release from a private sewer lateral that enters the storm water conveyance system or receiving waters shall be immediately reported to the City. 4. Failed on -site wastewater systems shall be repaired or replaced after issuance of all required permits and approvals. I. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for residential dischargers tributary to 303(d) listed water body segments where the residential area or activity generates pollutants for which the water body segment is impaired or for residential dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this chapter. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. A. Application of Requirements. All regulated commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the manual for the category of activity or facility owned or operated by that discharger, as applicable. All regulated commercial dischargers shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. Regulated Commercial Dischargers Identified. As required by NPDES Permit No. CAS0108758, facilities in the City having one or more of the following characteristics are regulated commercial facilities: 1. The facility is a regulated commercial discharger if it is engaged in one or more of the following commercial activities: a. Airplane mechanical repair, maintenance, fueling or cleaning; b. Motor vehicle (or other vehicle) parking lots and storage facilities; c. Motor vehicle and other vehicle body repair or painting; d. Motor vehicle mechanical repair, maintenance, fueling or cleaning; 18 e. Boat mechanical repair, maintenance, fueling or cleaning; f. Botanical or zoological gardens and exhibits; g. Cement mixing or cutting; h. Cemeteries; i. Eating or drinking establishments, including food markets; j. Equipment repair, maintenance, fueling or cleaning; k. Golf courses, parks and other recreational areas/facilities; I. Landscaping; m. Marinas; n. Masonry; o. Mobile motor vehicle or other vehicle washing; p. Mobile carpet; drape or furniture cleaning; q. Nurseries and greenhouses; r. Painting and coating; s. Pest control services; t. Pool and fountain cleaning; u. Portable sanitary services; v. Retail or wholesale fueling; w. Building material retailers and storage; x. Animal facilities; or y. Power washing services. 2. All other commercial dischargers not mentioned in 14.22.110(B)(1), tributary to a CWA Section 303(d) impaired water body segment, for which the City has determined the facility or activity generates pollutants for which the water body segment is impaired. 3. Commercial dischargers discharging directly to receiving waters within ESAs. 4. All other commercial dischargers that the City determines may contribute a significant pollutant load to the storm water conveyance system. C. Additional Minimum BMPs for All Regulated Commercial Dischargers. All regulated commercial dischargers shall install, implement and maintain the BMPs specified in the manual the following areas, as applicable: 1. Employee training; 2. Storm drain tileage and signing; 3. Annual review of facilities and activities; 4. Pollution prevention; and 5. Good housekeeping. D. Additional Minimum BMPs for Specific Activities Conducted by Regulated Commercial Dischargers. Regulated commercial dischargers shall install, implement and maintain the BMPs specified in the manual for all locations, if any, where any of the following activities are conducted: 1. Vehicle and equipment operations; 2. Materials and waste management (including tanks); and 3. Outdoor work and storage functions. E. Additional Minimum BMPs for Specific Types of Regulated Commercial Facilities and Activities. Regulated commercial dischargers, including but not limited to the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the manual for each such type of facility or activity. BMPs must be installed, implemented and maintained for all applicable specific facility or activity types regardless of whether that activity is the primary activity of the regulated commercial discharger. 1. Automobile, other vehicle, or equipment repair, maintenance, fueling, or cleaning; 2. Boat repair, maintenance, fueling, or cleaning, including marinas; 3. Automobile or other vehicle body repair or painting; 4. Automobile or other vehicle parking and storage; I 5. Painting and coating; 6. Eating and drinking establishments, including food markets; 7. Parking lots and storage facilities; 8. Cement mixing and cutting and masonry; 9. Mobile carpet, drape, and fumiture cleaning; 10. Pool and fountain cleaning; 11. Portable sanitary servicing; 12. Mobile vehicle washing; 13. Pest control; 14. Landscaping, including cemeteries, botanical gardens, golf courses, and parks; 15. Nurseries and greenhouses; 16. Building materials retailers and storage; 17. Animal facilities, including zoological gardens; and 18. Power washing. F. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for commercial dischargers tributary to 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs in this chapter and preparing a SWPPP or conducting monitoring as provided in Section 14.22.090 of this code. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. A. Application of Requirements. All regulated industrial dischargers must install, implement and maintain at least the applicable additional minimum BMPs, if any, specified in this section or in the manual for the category of activity or facility owned or operated by that discharger. All regulated industrial dischargers shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. Regulated Industrial Dischargers Identified. Dischargers that meet one or more of the criteria listed below are regulated industrial dischargers: 1. The facility is an industrial discharger, as defined in 40 CFR § 122.26(b)(14), including those subject to the state industrial general storm water permit or other individual NPDES permit 2. The facility is an operating and/or closed landfill. 3. The facility is subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). 4. The facility is a hazardous waste treatment, disposal, storage, and/or recovery facility. 5. The facility is an industrial discharger tributary to a 303(d) listed water body and the facility generates a pollutant for which that water body is impaired. 6. The facility is a regulated industrial facility and is located within or directly adjacent to (i.e., within 200 feet) or discharges directly to a coastal lagoon or a receiving water body within an ESA. C. Regulated industrial facilities must meet the applicable requirements set out in Section 14.22.040 through Section 14.22.090 for all discharges, the applicable requirements set out in Section 14.22.110 for regulated commercial facilities, any applicable requirements in Section 14.22.140, and the following practices: 20 1. Pollution Prevention Practices. Regulated industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff: a. The use of smaller quantities of toxic materials or substitution of Tess toxic materials; b. Changes to production processes to reduce waste; c. Decreases in waste water flows; d. Recycling of wastes as part of the production process; e. Segregation of wastes; and f. Treatment of wastes on site to decrease volume and/or toxicity. 2. Non-structural BMPs. Regulated industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, the following nonstructural BMPs. The implementation of these practices shall be consistent with specifications, if any, contained in the Manual. a. BMPs for material handling and storage of significant materials; b. BMPs for non -hazardous waste handling and recycling; c. Preventive maintenance practices; d. Self inspection and quality assurance practices; and e. Spill response planning. 3. BMPs for Specific Activities. Regulated industrial facilities shall install, implement and maintain BMPs as specified in the manual for any commercial activities conducted at the facility (as identified in Section 14.22.110) and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following: a. Raw or processed materials bulk storage; b. Mixing, where there is the potential for release of a pollutant; c. Cutting, trimming or grinding in connection with a production process; d. Casting, forging or forming; e. Hazardous materials storage (including tanks); f. Pesticide or other chemical products formulation or packaging; g. Process water pre-treatment; h. Solid waste storage; i. Waste water treatment; j. Welding; k. Blasting; I. Chemical treatment; m. Loading and unloading significant materials; 4. Additional Structural BMPs. Regulated industrial facilities shall install, implement and maintain one or more of the additional structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in run-off from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility. a. Overhead coverage of outdoor work areas or chemical storage; b. Retention ponds, basins or other impoundments that confine storm water to the site; c. Berms and concrete swales or channels that divert run-on and runoff away from contact with pollutant sources; and d. Treatment controls to reduce pollutants in storm water or authorized non -storm water discharges. The design of proposed treatment controls must be approved by the City Engineer prior to implementation. Maintenance of treatment controls shall be the responsibility of the property owner. D. Additional Requirements for Regulated Industrial Dischargers Subject to the State Industrial General Storm Water Permit. 21 1. Notice of Intent. Industrial dischargers required 10 comply with the state industrial general storm water permit shall maintain on site and make available for inspection on request by the City the state -issued waste discharge identification number (WDID) for the facility and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the City by mail if directed to do so by an authorized enforcement official. Regulated industrial dischargers which are potentially subject to the State industrial general storm water permit that have determined they do not require coverage under that permit must prepare and retain on site, and make available for inspection, a written report documenting and explaining that determination. 2. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state general industrial storm water permit must prepare the plan, implement the plan and maintain it at the site readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this chapter. E. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for commercial dischargers tributary to 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs in this chapter and preparing a SWPPP or conducting monitoring as provided in Section 14.22.090 of this code. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. Municipal facilities must meet the requirements set out in Sections 14.22.010 through 14.10.090 and, where applicable, Sections 14.22.150 and 14.22.160 of this chapter. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in Section 14.22.120 or in the manual, for industrial areas and activities at the municipal facility. 14.22.140 City best management practices manual. A. Effect of Manual. All dischargers. who are required by this chapter to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the manual, for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented or maintained to meet the requirements of this chapter must conform to the applicable specifications, if any, set out in this manual. B. Existing Facilities. The manual sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specification are specified, they are mandatory. Where no minimum BMPs have been specified in the manual for a type and category of facility or activity, only the requirements set out in this chapter are applicable. C. Ministerial Land Development Projects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in subsection 14.22.040(F)(2) of this chapter are set out in separately identified sections of the manual. Other requirements in the manual are not applicable to these projects during the development process. However, some additional requirements will apply to completed projects when they become subject to this chapter as residential, commercial or industrial facilities. 22 D. Discretionary Land Development and Redevelopment Projects. The manual sets out minimum BMPs, other objective specifications and water quality standards for land development projects requiring one or more of discretionary permits listed in subsection 14.22.040(F)(1) of this chapter. The minimum BMPs and other objective specifications in the manual are applicable to both ministerial and discretionary land development projects. The BMPs in the manual are applicable to projects that require a discretionary City permit or approval and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design will meet the water quality standards for their facility or activity and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable water quality standards. E. Conflicting or More Detailed Requirements. In case of any conflict between any applicable minimum BMPs specified in this chapter and any applicable requirements described in more detail for a particular type of facility or activity in the manual, the requirement in the manual shall prevail. 14.22.150 Additional requirements for land disturbance activity. A. Permit Issuance. No land owner or development project proponent shall receive any City grading, clearing, building or other land development permit required for land disturbance activity without first meeting the requirements of this chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. B. Owners and Operators Both Responsible and Liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the City, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this chapter; provided however that a local government or public authority is not a discharger as to activities conducted by others..irt.p.ublic_rights of way. C. Storm Water Management Plan. All applications to the City for a permit or approval associated with a land disturbance activity must be accompanied by a storm water management plan, on a form or in a format specified by the City. The storm water management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including but not limited to the applicable BMPs required by subsection (D) below. D. Additional Minimum BMPs for Land Disturbance Activity. Whether a City permit or approval is required or not and whether a Storm Water Management Plan is required to be submitted or not, all dischargers engaged in land disturbance activity shall implement BMPs as detailed in the manual in the following additional areas if applicable to the project: 1. Erosion control on slopes; 2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas; 3. Runoff velocity reduction; 4. Sediment control; 5. Offsite sediment tracking control; 6. Materials management; 7. Waste management; 8. Vehicle and equipment management; 9. Water conservation; 10. Structure construction and painting; 11. Paving operations; 12. Dewatering operations; 13. Planned construction operations; 23 14. Downstream erosion control; 15. Prevention of non -storm water discharges; and 16. Protection of ground water. E. Control to the MEP. All dischargers engaged in land disturbance activity must install, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. F. Notice of Intent. Dischargers required to comply with the state construction general storm water permit shall maintain on site and make available for inspection on request by the City any state -issued waste discharge identification number (WDID) for the site and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. G. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state general construction storm water permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this chapter. H. Facility Monitoring. Dischargers required to conduct monitoring under the state construction general storm water permit must conduct such monitoring in conformance with requirements specified by the state, retain records of such monitoring on site and make such records available for inspection by an authorized enforcement official. I. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for dischargers engaged in land disturbance activity tributary to 303(d) listed water body segments where the land disturbance area or activity generates pollutants•for which the water body segment is impaired or for dischargers engaged in land disturbance activity within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this chapter. 14.22.160 Additional planning, design and post -construction requirements for all land development and redevelopment projects. A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City permit or approval listed in Section 14.22.040(F) of this chapter for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this chapter. Post -construction BMP requirements imposed by this section and by the manual shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid City permit or approval, at the time a complete application for a subsequent permit or approval is submitted. B. Owners and Developers Responsible and Liable. Developers, development project proponents and land owners for land on which land development activity is performed are dischargers for purposes of this chapter; provided however that a local govemment or public authority is not a discharger as to activities conducted by others in public rights of way. C. Post -Construction BMPs Required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement post -construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality and will not cause or contribute to an exceedance of receiving water quality objectives. 24 D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds and vegetated filter strips, shall be utilized whenever practicable for post -construction BMPs that are proposed by a discharger. E. Post -Construction Storm Water Management Plan. All applications to the City for a permit or approval associated with a land development or redevelopment activity must be accompanied by a post -construction storm water management plan on a form or in a format specified by the City. The plan shall specify the manner in which the discharger/applicant will implement the post -construction BMPs required by this chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the California Environmental Quality Act. Post -construction BMPs for other aspects of the project need not be addressed in this plan. F. Storm Water Management Plan Review Fee and Deposit. Fees for storm water management plan review and deposit thereof shall be adopted by resolution. G. Additional Minimum Post -Construction BMPS for Land Development Activity. Whether a permit or approval is required or not and whether a post -construction storm water management plan is required to be submitted or not, all dischargers engaged in land development or significant redevelopment activities in the City shall implement post - construction BMPs in the following areas if applicable to the project: 1. BMPs for permanent control of erosion from slopes. These BMPs can include structures to convey runoff safely from the tops of slopes, vegetation or alternative stabilization of all disturbed slopes, the use of natural drainage systems to the MEP, flow and velocity controls upstream of sites; and stabilization or permanent channel crossings, unless the crossing is not publicly accessible and is not frequently used. 2. BMPs to control flows, velocity and erosion. These BMPs can include but are not limited to the use of energy dissipaters, such as riprap, at the outlets of storm drains, culverts, conduits or lined channels that enter unlined channels to minimize erosion; installation of retention or equalization basins or other measures. Flow control and downstream erosion protection measures shall prevent any significant increase in downstream erosion as a result of the new development, but shall not prevent flows needed to sustain downstream riparian habitats or wetlands. 3. Pollution prevention and source control BMPs, to minimize the release of pollutants into storm water. 4. Low Impact Development (LID) site design BMPs, such as impervious surface minimization; and appropriate use of buffer areas to protect natural water bodies. 5. LID site planning BMPs, such as siting and clustering of development to conserve natural areas to the extent practicable. 6. The installation of storm drain tiles or concrete stamping and appropriate signage to discourage illegal discharges. 7. BMPs for trash storage and disposal and materials storage areas. 8. Treatment Control BMPs to treat and/or to infiltrate storm water where a development project would otherwise cause or contribute to a violation of water quality standards in receiving waters. Off -site structural BMPs may be used for treatment and infiltration necessary to meet water quality standards only if the conveyance of run-off to those facilities prior to treatment will not cause or contribute to an exceedance of water quality standards or deprive wetlands or riparian habitats of needed flows. Offsite facilities shall not substitute for the use of any on -site source control BMPs required by the manual. 9. When an infiltration BMP is used, related BMPs set out in the manual (including but not limited to siting constraints), to protect present uses of ground water and future uses of that ground water as currently designated in the applicable RWQCB Basin Plan. (Discharges to infiltration BMPs may also require an RWQCB permit and additional state requirements may also be applicable to these discharges.) • 25 10. Other applicable BMPs required by the manual. H. Control to the MEP. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post -construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. 14.22.170 Maintenance of BMPs. A. Existing Development. Residential, commercial, industrial, agricultural and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter. B. New Development. The owners and occupants of lands on which structural post - construction BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs and shall maintain those BMPs by contract or covenant or pursuant to this chapter. The owners of lands on which BMPs have been installed to meet the requirements of this chapter and applicable SUSMP requirements are responsible for maintenance of those BMPs, shall enter into a BMP maintenance agreement contract or equivalent agreement with the City, and shall provide annual verification that appropriate maintenance is conducted for all treatment control BMPs. C. Maintenance Obligations. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City pursuant to this chapter as part of a development permit application and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this chapter. D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter. E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer and shall record that obligation so that the BMP will run with the land. F. Maintenance Plans for Land Development Projects. The proponents of any land development project, or significant redevelopment project that requires a discretionary City permit, shall provide to the City for review and approval prior to issuance of such permit, a plan for maintenance of all post -construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post -construction structural BMPs at least annually and for the retention of inspection and maintenance records for at least three years. G. Access Easement/Agreement. The proponents of any land development project, or significant redevelopment project that requires a discretionary City permit, shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which post -construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs. 26 H. Security for Maintenance for Land Development Projects. If it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official. 14.22.180 Inspection and sampling. A. Regulatory Inspections. Authorized enforcement officials may inspect facilities, activities and residences subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the facility owner or operator or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. Access Easements. When any new structural BMP is installed on private property as part of a project that requires a City permit, in order to comply with this chapter, the property owner shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the City has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter. C. Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained and whether the facility or activity complies with the other requirements of this chapter. This may include but may not be limited to sampling, metering, visual inspections and records review. Where samples are collected, the owner or operator may request and receive split samples. Records, reports, analyses or other information required under this chapter may be inspected and copied and photographs taken to document a condition and/or a violation of this chapter. 14.22.190 Enforcement. The City Engineer shall be the primary enforcement official for this chapter. When appropriate or necessary, this chapter may also be enforced by any other official or officer who is charged by the municipal code with code enforcement authority. The enforcement of this chapter shall be accomplished in the same manner as provided in Chapter 7.32 of this code except that reference to the term "code conformance officer" in Chapter 7.32 shall include the enforcement official as defined in this chapter and that all references to "Title 7" shall mean this storm water management and control ordinance for the purposes of enforcement of this chapter only. The authorized enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: 1. Carry out any sampling activities, including taking samples from the property of any person or from any vehicle which any authorized representative of the enforcement agency reasonably believes is currently, or has in the past, caused or contributed to causing an illicit storm -water discharge to the storm water conveyance system. Upon request, split samples shall be given to the person from whose property or vehicle the samples were obtained; ?7 2. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illicit discharge to the storm water conveyance system when accompanied by a uniformed police officer in a clearly marked vehicle; 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illicit discharge or whether the requirements of this chapter are met; 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection; 5. Review and obtain a copy of the storm water pollution prevention plan prepared by an owner and/or occupant or facility operator, if such a plan is required; 6. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed thirty days; 7. Review and obtain copies of all storm water monitoring data complied by the owner and/or occupant or facility operator, if such monitoring is required; 8. The authorized enforcement official may issue warning notices to any person owning or occupying a premise to clean up and abate any release of pollutants on the premise, which may result in a violation of this chapter. The authorized enforcement official may also order the abatement of pollutant storage practices, which may reasonably result in such a violation; 9. The authorized enforcement official may require reasonable monitoring of discharges from any premises to the storm water conveyance system and shall have the authority to order the mitigation of circumstances which may result in illegal discharges to the MEP. 10. Enter upon and conduct inspections or samplings as may be required of any premises, facilities or equipment, including monitoring and control equipment, to ensure compliance with the SUSMP and Jurisdictional Urban Runoff Management Program (JURMP). The authority to conduct reasonable inspections and the obligation of an owner or occupant to allow such inspection upon presentation of official credential is conferred and shall be exercised pursuant to Chapters 1.12 and 1.20 of this code. 14.22.200 Enforcement authority. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows. A. Administrative Authorities. 1. Administrative Penalties: Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in Chapter 1.48. Administrative penalties may include the recovery of fines assessed against the City of National City by the RWQCB. Pny later -enacted administrative penalty provision in this code shall also be applicable to this chapter, unless otherwise provided therein. 2. Cease and Desist Orders. Written and/or verbal orders pursuant to Section 1.12.030 may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official. 3. Notice and Order to Clean, Test or Abate. Written and/or verbal orders may be issued to perform any act required by this chapter. 4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety and welfare; and constitute a public nuisance. If actions ordered under subsections 14.22.200(A) (2) and (3) are not performed, the authorized enforcement official may abate any public nuisance pursuant to this code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other 28 penalties, may be made a hen against the property in accordance with the abatement procedure. 5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing in accordance with Section 1.12.030 served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work. 6. Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other City license suspension or revocation in accordance with this code. B. Judicial Authorities. 1. Civil Penalties and Remedies. The City Attorney is hereby authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in Section 14.22.220 of this chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed. 2. Injunctive Relief. The City may enforce compliance with this chapter by judicial action for injunctive relief. 3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code and/or a citation and notice to appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter. 14.22.210 Other acts and omissions that are violations. In addition to the violations identified in Sections 14.22.010 through 14.22.200 of this chapter, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity: A. Causing, Permitting, Aiding or Abetting Noncompliance. Causing, permitting, aiding or abetting noncompliance with any part of this chapter constitutes a violation of this chapter. B. Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the City concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure; any submission of a report that omits required material facts without disclosing such omission and any withholding of information required to be submitted by or pursuant to this chapter in order to delay City enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter. C. Failure to Promptly Correct Noncompliance. Violations of this chapter must be corrected within the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter. D. City Permits and SWPPPs. Any failure to conform to an applicable SWPPP prepared pursuant to this chapter; any failure to comply with storm water -related provisions of a City -issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water related provisions in any other City permit or approval, is also a violation of this chapter. For purposes of this chapter a permit provision or condition of approval is "storm water -related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating run-off flows rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. 29 14.22.220 Penalties. A. Administrative Penalties. Administrative penalties may be imposed pursuant to this code. Any later -enacted administrative penalty provision in the Code shall also be applicable to violations of this chapter, unless otherwise provided therein. B. Misdemeanor Penalties. Non-compliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code . and Government Code of the state of California and this code. C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. D. For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the City. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action: 1. Injunctive relief; 2. Costs to investigate, inspect, monitor, survey or litigate; 3. Costs to place or remove soils or erosion control materials, costs to correct any violation and costs to restore environmental damage or to end any other adverse effects of a violation; 4. Compensatory damages for losses to the City or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations; 5. Civil penalties; 6. Reasonable attorney fees; and 7. Fines assessed against the City by the RWQCB. As part of a civil action filed by the City to enforce provisions of this chapter, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s). In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shalt take into consideration the nature, circumstances, extent and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require. E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. 14.22.230 Restrictions and conditions on issuance of ministerial and discretionary development permits. All development permits issued by City departments shall be subject to review and compliance with SUSMP and best management practices for storm water management. The City Engineer may require conditions for SUSMP compliance for development permit issuance, and no permit shall be issued by any department or City agency without those conditions being incorporated into the permit. Conditions which may be required for new construction, alterations to existing structures, land grading or excavation may include, but shall not be limited to the following: 1. Installation of rain gutters, brow ditches, curbing and berms; 2. Drainage flow, flow redirection and directional flow control; 3. Installation of French drains; 30 4. Installation of clarifiers, filters or liquid traps; 5. Installation of reservoirs, holding and settling tanks or filtration systems; 6. Maintenance and monitoring programs and adequate funding for required systems and programs; 7. Payment of program compliance monitoring fees; 8. Any other requirements as may reasonably and rationally relate to meeting SUSMP objectives and requirements. This authority shall also include the right to require monitoring and compliance programs on each project to be guaranteed by adequate security and servitudes or conditions running with the land on which the project is located to be recorded with the county recorder. If an off -site system is used, appropriate easements shall be required to be obtained and recorded against that site to ensure the maintenance and inspection of any required system and its installed facilities on the project site. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 31 City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE February 5, 2008 AGENDA ITEM NO. OLD BUSINESS 29 ITEM TITLE REPORT ON TRANSFER OF TAXICAB MEDALLIONS PREPARED BY George H. Eiser, III (Ext. 4221)0"DEPARTMENT City Attorney Jeanette Ladrido (Ext. 433'{"J Finance Director EXPLANATION Please see attached memorandum Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9/99) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III . City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council FROM: City Attorney Finance 1)irectbr SUBJECT: Transfer of Taxicab Medallions DATE: January 28, 2008 I.N'tRODUCTION At the City Council meeting of December 18, 2007, the Council was asked to approve the transfer of six taxicab medallions from Yellow Cab to three different taxicab companies that currently do not have taxicab permits issued by the City. The three companies to which the medallions were to be transferred Leonardo Cab, Golis Cab, and Jano Cab — had been selected by Yellow Cab to receive the medallions. The City Council denied the requested transfer of medallions, and directed that staff work with Yellow Cab to devise a method for the transfer of medallions that would ensure that the medallions were available to other taxicab permittees. BACKGROUND In order to operate taxicabs in the City, an individual or entity must obtain a taxicab permit from the City. Specifically, each permit holder is then issued a limited number of medallions approved by the City Council. A medallion is then attached to each taxicab owned by the permit holder. The procedure for the transfer of medallions from an existing holder of a taxicab permit to a new permittee is virtually the same procedure for applying for a new permit that requires completion of an application accompanied by a $3,000 processing fee, permit transfer request fee of $200, and $300 for each permit in excess of one. This procedure is set forth in Section 11.70.030 of the National City Municipal Code. DISCUSSION Subsequent to the December 18 meeting, the City Attorney and Finance Director met with Mr. Akbar Majid, the local manager for Yellow Cab. Mr. Majid explained that it had been his intention to transfer six medallions which were not being used by Yellow Cab to taxicab operators chosen for their reliability and who had existing clientele. Yellow Cab was not to 1 ® Recycled Paper use inore of the medallions it had been issued, rather than transferring them to other operators, Mr. Majid stated that under National City's current fee schedule, the cost of operating additional taxicabs was too costly. When the City took over the administration of taxicabs fi-om MTS in 2004, most of the fees charged by MTS for various administrative actions (e.g., permit issuance, annual inspections) were carried over by the City. For several years, California statutory and constitutional law has required that a city fee, in order to be a valid fee rather than a tax, cannot exceed the cost incurred by the city in providing the service. Periodically, National City's fees are evaluated by an independent consultant to ensure that they qualify as valid fees. However, taxicab administrative fees have never been evaluated, and it may be an appropriate time to do so. If, as a result of such evaluation, taxicab administrative fees are lowered, taxicab permittees with unused medallions such as Yellow Cab, my decide to use the them. Subsequent to taking over taxicab administration from MTS, the City Council approved taxicab permits for the following companies with medallions: Company Medallions Yellow Cab 40 Red Cab 11 USA Cab 6 West Coast Cab 22 RV Cab 6 Total Number of Permits: 5 Total Number of Medallions: 85 The City Council has never established a limit for the number of permits and medallions to be issued in the City. Accordingly, the City Council currently has complete discretion in issuing whatever number of permits and medallions it chooses. However, a balance must be reached between issuing too many medallions, which may result in safety problems due to the number of taxicabs being regulated, and not issuing enough medallions, which may deprive the community a adequate taxicab service. Some cities establish a limit on taxicab permits and medallions based on a ratio, for example, a number of medallions per 1,000 residents. It should be noted that in some communities where the number of medallions is limited, the medallions acquire significant value, sometimes in the hundreds of thousands of dollars. If a limitation on the number of City -licensed taxicabs is to be considered, some thought should he given to whether such limitations should be focused more on the number of permits issued, or on the number of medallions issued. For example, if it is concluded that the optimum number of medallions to be issued is 100, the question becomes whether there should be 5 permits issued with 20 medallions each, or 20 permits issued with 5 medallions each. Additionally, imposing limitations upon the number of permits and medallions to be issued can create a problem when there are more applications for permits and medallions then there are permits and medallions to be issued. In such cases, permits and medallions could be issued based on a first -come, first -served basis, or upon a selection process involving an RFP, or upon a random selection process. RECOMMENDATIONS Staff recommends that the City Council direct the following actions: • Include taxicab administration fees in the fee study currently being undertaken by the City's consultant, with the possibility of these fees being revised as a result. • Staff is to investigate and report back on the advisability of limiting the number of taxicab permits and/or medallions to be issued. If establishing limits is advisable, the report will also contain recommendations concerning how to impose such limitations, and concerning the method of issuing permits and medallions when applications exceed the number of permits and medallions available. GHE/gmo 3 City of National City, California COUNCIL AGENDA STATEMENT .VIEETING DATE February 5, 2008 AGENDA ITEM NO. 30 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the Bilateral Safety Corridor Coalition February 15, 2008. PREPARED BY Kaseem Baker DEPARTMENT Community Services Phone: (619) 336-4274 EXPLANATION The Bilateral Safety Corridor Coalition is requesting use of the Martin Luther King, Jr. Community Center to hold their Community Repose Day to discuss the issue of commercially sexually exploited children in San Diego. The meeting will be held on Friday February 15, 2008 from 9:00am to 4:00pm. Approximately 50-55 participants will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 164.15 Custodial: $ 44.00 Total $ 258.15 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review NIA Financial Statement Approving the request for use will result in fees of $258.15 plus $100 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 000 January 17, 2008 Bilateral Safety Corridor Coalition 0 0 V The Bilateral Safety Corridor Coalition would like to use meeting space in the Ivfartin Luther King Center on Friday February, 15, 2008 to hold Community Repose Day to discuss the issue of commercially sexually exploited children in San Diego. Not only is this a tOltow-up to the January Train the Trainer on CSFC but this is the first step in creating a community wide approach bringing together law enforcement, social service agencies and the community to address this serious crime against San Diego children and make recommendations to the Department of Justice, Office of Juvenile Justice Delinquency Prevention. This forum will be held between I ()am and 3pm with an anticipated attendance of 50 -55 people. HSCC will facilitate the meeting and conduct all follow up meetings. Thank you, Patti Fox CSFC Coordinator Bilateral Safety Corridor Coalition 2050 Wilson Avenue -Suite C National City, California 91950 Tel: (619) 336-0770 Fax: (619) 336 0791 Email: sdbscr.(u;valoo.com Website: w t'w.hsucoalition,u Nonprofits' it\N\ Nonprofits' Insurance Alliance of California NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofits' Insurance Alliance of California A MEAD F04 INSIRANCE AWART NUNF[Of!TS COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS PRODUCER: Chamber Benefits Insurance Program P.O. Box 124640 San Diego, CA 92112-4640 NAME OF INSURED AND MAILING ADDRESS: Bilateral Safety Corridor Coalition 2050 Wilson Avenue, Suite C National City, CA 91950 POLICY NUMBER: 2007-13484 -NPO RENEWAL OF NUMBER: 2006-13484 -NPO POLICY PERIOD: FROM 04/26/2007 TO 04/26/2008 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Combats Issues of Slavery and Human Trafficking IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU MEDICAL EXPENSE LIMIT ADDITIONAL COVERAGES: SOCIAL SERVICE PROFESSIONAL LIABILITY $2,000,000 $2,000,000 $1, 000,000 $1,000,000 $100,000 any one premises 10,000 any one person EXCLUDED CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G PREMIUM $990 FORMS AND ENDORSEMFN 4 S APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS COUNTERSIGNED: 03/12/2007 BY /62 (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. NIAC - GL- NPO (02842) City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City f-acility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King Jr. Building North Room oath Ro n Entire Facility Kimball Senior Center Gasa De Salud Date(s) of Use: / h- /S zcw8 Day(s) of Use: 0A> lime of Use: From: 9 CAM PM To: AN l INCLUDE SET-UP & CLEAN-UP TIME ue of Function/Activity:. aM/74a/1 // Is the event open to the public? _- Name & Address of Organization/Group: R55C LQSD A)//5-07) I9?' c- / 14-71/ 45//95-0 (T i/tee .0Coando- Non-profit organizatiorp-Tes) no Tax ID # <Sr — O �Olo 5G U Anticipated Maximum Attendance: 30 Percentage of National City Residents / Zi Will Admission be charged?. AO Amount $ Will this be a Fund Raising Event? ,-j Equiprnent Requested: # of chairs �/Y Podium/Microphone of banquet tables Mar& Use of Kitchen: i` . Yes No Use of Gas for Range and Oven: Yes _y No J , / A, .-,�-7 — Is the Use of cohol Requested? /10 Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? YI.S S( NO Name: Name: Phone: Phone: Stage How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or he caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. the applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may he caused by applicant's use or occupancy. - I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED:///(i f i19 PRINT NAME: ;4: ;' SIGNATURE: ADDRESS OF APPLICANT:L L<)A-eivn; CI I Y, STATE and ZIP CODE:.* /kr-Zi-L 6.447, 44 PHONE: DAY "0?20 EVENING ( -07-70 x. 3� CONTACT PERSON ON I I IF DAY OF THE EVENT: ra HOME PHONE: ( ) — CELL: (42 ) g6 *7 - b' 56- ei [MALI : FAX NUMBER: Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. Community Services Staff Only Rental Amount Received: _ Receipt Nurnber: Deposit Amount: Check Deposit/Key Returned: Key Issued: _ YES NO Address: Telephone 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 include the city, its officials, agents and employees named as additional insured and to signrthe Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization:,(5)/0/11-47—et...Llif_A. Person in charge of activity: ?4' t. S'o, fsen c 336- 0-7-76 E-Mail: City Facilities and/or property requested: _ Date(s) of use: 2 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of Applicant Official Time Dale Certificate of insurance Approved by -- Name and Title 4 Safety/ Security Please describe your procedures for crowd control and internal security: v/a rS G ),// e-rpuet A/24 Le Ste 4 ity cis dbt_ YES NO Have you hired any Professional Security organization to handle . security arrangements for this event? if YES, please list: Security Organization: — Security Organization Address: Security Director (Name): __-- Phone: Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: .7)1 / Organization must designate a person to ensure that alcohol is being served to persons 71 years of age or older. The designated alcohol server rnust also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Integrity Charter School on February 29, 2008. 31 PREPARED BY Kaseem Bake Phone: (619) 336-4274 DEPARTMENT Community Services EXPLANATION Integrity Charter School is requesting use of the Martin Luther King, Jr. Community Center on Friday February 29, 2008 from 6:00pm to 8:30pm to hold their Second Annual Charter School Fund Raising Gala. Approximately 300 participants will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 293.15 Custodial: $ 44.00 Total $ 387.15 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review NI N/A Financial Statement Approving the request for use will result in waiver of fees totaling $387.15 plus $100 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center p. Gi"L J1-1N-] 4-L10U z 116 :u F'M INTEGRITY CHARTER SCHOOL January 14, 2007 Director Community Service Department 140 East 12th Street, Suite B National City, CA 91950 Re: Use of Martin Luther King Jr. Building for February 29, 2008 Dear Director: Integrity Charter School is requesting use of the Martin Luther King Jr. Building for February 29, 2008, to hold our Second Annual Charter School Fund Raising Gala. We are inviting parents, friends, community members, and our school's supporters to attend this dinner where students will be performing and will be auctioning their art work. Last year this event was well attending and was held at the National Guard Armory. We feel that your Ivenue is more suited for what we would like to do. The purpose of the event is to raise funds to continue and expand the work of Integrity Charter School. Integrity Charter School is a public charter school serving students in grades K-6 from National City and surrounding neighborhoods. The school has made great academic progress in its 5 years as a school, ranking third in the National School District on the Academic Performance index for California. We want to continue to serve our students and provide them with more materials and opportunities to learn and achieve. Here is the pertinent information that you require: Date: February 29, 2008 Time: 6:O0pm to 8:30pm Number of People: 300 Type of Event: Dinner Entertainment: Student Choir, Ballet Foklorico, Silent Action of Student Art Work, Raffle Prizes We are requesting a waiver of fees for this event. This is a fund raising event and a waiver of fees would help our cause greatly. The students and families of Integrity Charter Schoul would be most thankful. You consideration is appreciated. Sincerely, Saffdy Domt guez Director Enclosures: Application Certificate of Liability Insurance 125 PALM AVENGE • NATIONAL ern', CA 91950 • 1619) 338-0808 • (619) 336-0807 FACSIMILE City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-429" - \ After hours dispatch. (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther Kin Jr. Building Nort Room South Room \ f(ntire Facility Kimball Senior Center Casa De Salud Date(s) of Use: ��j 2 1 tU/ Day(s) of Use: tY 1 Time of Use: From: / , 00 AM M To: f t00 AM � INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: AV1►i- &'tom) Is the event open to the public? DdIA Name & Address of Organization/Group: rdi j -CY ak ( /zIPam Aug, tUc. Non-profit organizati : yes no Tax ID # I/ 3 95 7a3 Anticipated Maximum Attendance: \ Percentage of National City Residents -7D 1G. Wilt Admission be charged? Will this be a Fund Raising Event? ve. - # of banquet tables Stage Amount $ Equipment Requested: _ �jL� # of chairs 1.46 Podium/Microphone Use of Kitchen: )( Yes No Use of Gas for Range and Oven: )Yes No Ls the Use of Alcohol Requested? no Will other paid services be used (Le., commercial caterer, DJ, Band, etc)? YES NO Name: Phone: Namc: Phone: P�� How many times in the last twelve rnonths have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risks for Toss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of e City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's a Se or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS, DATE COMPLETED: f 1 Dg PRINT NAME: 6O I(itI Gc 1_ - Dor%I.l�� SIGNATURE: ADDRESS OF APPLICANT: (zs Palm Aper CITY, STATE, and ZIP CODE_: Loyd t7J PHONE: DAY tpt1 -336-6 EVENING /q53 7 Please type or print: clearly with a ballpoint pen. Complete application Must be submitted and payment submitted in advance of the event. EMAIL:6W/ I P6,k/zC FAXNUMBER: !Ul / -39b_OOD7 CONTACT PERSON ON THE DAY OF TILE EVENT:( HOME PHONE: �l`l).3 vb D1 _ CELL:%h) R:ei 'tat Amount Received: Deposit Amount: Community Services Staff Only - Receipt Number: _ Deposit/Key Returned: Check Key Issued: YES _ NO 3 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 include the city, its officials, agents and employees named as additional insured and tosiyn'the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: V>, T ( l I.,1 e_if.A.r k_r r_1" l_6---t) 1 — Person in charge of activitY� --- �. '� `�,I �v , l (3 itirlt iuse. z— Address: .ZS at k� ds z Telephone: 1 1__2% —agal E-Mail: . t. ck 1 1 *12. e_.4 - to City Facilities and/or property requested: "lurLn 1AJL -1 ___ Date(s) of use: 7.t-b___2. , O HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of Applica Official Tirne Date Certificate of Insurance Approved by Narne and 1 itle 4 Safety/ Security 'lease describe your procedures for crowd control and internal security: 56-11AA ►�L�i�rl crud eni�. and r 1 t. r it� �r��r� 5 avt ✓� ill --tekc Ln_aiki/Lda_ne-( welt ID ct6- ►6-t r v t a �PGCuLc�j , YES%<' NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 5 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21. years of age or older. Name: Contact phone number the day of event: _ _. _ YES NO Ilave you hired any Professional Security organization to handle security arrangements for this event? If YES, piease list: Security Organization:._ Security Organization Address: Security Director (Marne): Phone: 6 Public Works _ Police Department Fire Department Community Services Building and Safety _ Engineering Risk Management _ Finance Department Planning Department Yes No _ Condition(s) of Approval Initial Specific Conditions of Approval: Date 7 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 5, 2008 AGENDA ITEM NO. 32 ITEM TITLE TEMPORARY USE PERMIT — 25 to Life sponsored by Little Boyz Dreams, a filming using the jail cells on lower level of City Hall on February 9, 2008 from 7 a.m. to 7 p.m. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Little Boyz Dreams to use the City Hall basement jail cells to film a movie entitled "25 To Life". The applicant requests the use of the facilities on February 9, 2008, from 7 a.m. to 7 p.m. The applicant will return the various jail cells to their previous conditions after the filming is complete. The applicant will not need any City Service assistance during the filming. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TIJP, and supervision during the event will cost $336.00. Total Cost: $681.00 Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A dAta.: ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Ilse Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Little Boyz Dreams EVENT: 25 To Life filming in City Hall DATE OF EVENT: February 9, 2008 TIME OF EVENT: Approx. 7 a.m. to 7 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS I ] RISK MANAGER YES [ x J NO [ [ SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ J FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. BUJILDING & SAFETY It is recommended that this event he supervised by City Staff while applicant is on the premises for the duration of filming. This ensures that the applicant is allowed access and City Ilan can be properly secured when filming is complete. RISK MANAGER As we discussed, the film company will have to provide evidence of the following types of insurance PRIOR to the date of the shoot: Commercial General Liability coverage with limits of at least $I M per occurrence/ $2M aggregate; The City of National City must be named as an additional insured pursuant to a separate endorsement which must be provided along with the acord form (certificate of insurance); Automobile Liability coverage (since the company will he transporting persons and equipment to the site for use in the filming) with limits of at least $1 M CSL (combined single limit), with coverage for owned, non -owned and hired ("any auto") vehicle; I'd also request that the City of National (City be named as an additional insured pursuant to a separate endorsement to be provided along with the insurance certificate -you may or may not get this since some personal lines carriers do not issue additional insured endorsements for auto liability; Workers Compensation coverage in an amount sufficient to satisfy CA statutory requirements for all employees subject to the requirement. We also require Employer's Liability coverage with limits of $ I M per accident/employee. If the filming company claims it has no employees, its principal must sign a declaration to that effect. I've attached a sample for your review/modification. 1 think Purchasing is using a NC version of this. If there are any questions re the coverages, you. may provide my contact intormation to the company and its insurance agent can contact me directly. Z s I. i5 Q or) 0 -ILI o j N ▪ g Event Title: i> . ? iW cU z 3 Q 0 2 ▪ Event Date(s): From 0 Evens Location' Type of Event: Public Concert Parade x,Motion Picture Fair Demonstration Grand Opening a To LJ Fe - Nab F4.9 to FeJ7l Actual Event Flours: _ Munll I/Day/Year to_ _am I estival Circus Other_ _ Cornrrwnity Event Block Party Total Anticipated Attendance: g ( )articipants) ( b Spectators) Setup/assembly/construction Late: f.O Start time.: 7-A.& Please describe the scope of your seUrp/assembly work (specific details)) I -al I (:eE/4-- t`'l ii-a-a-,,-17-a,r_ W (A, ;if G Dismantle Dale: aye 5 ,4 ;A py- Completion Time: List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization. (.1 // k /% >2 sec—rvt,.$' - For ['rola G vw n / Not -for -Profit Chief Officer of Organization (Narne) I r /� !V(�c-ft��/ Applicant (Name): / _�! 1 lJ� C Address' 13 1 a 5/ f 5 Daytime Phone g�ypp E s Evening Phone: pper�.. s/ 1ME Fax ) y 1U57) g (lY0) Contact Person -on site day or ttii; event. K 2 T $ C-15-.3 PaycrlCcllular �f cj�f r NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR IHE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 3 • Is your organization a "Tax Exempt, nonprofit" organization? YES V NO Are admission, entry, vendor or participant fees required? __ Yfl S _ NO II YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sates from this event. $ Estimated Expenses for this event. _What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event ter Hoto At u- - 5A, s 7 s cei At 75 747 -g' / Q e Se ,� wk.Qaf* 7y / 4) cel4. (7 YF S NO if the event involve., the sale of cars. will the cars conic exclusiveily Irem National City czar dealers" If NO, list any additional dealers involved in the 4 YES )(NO Does the event involve the sate or use of alcoholic beverages? YES YNO Will stems of services be sold at the event? 1f yes, please describe: __ YES XNO Does the event involve a moving route of any kind along streets, sidewalks or highways? It YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES xN0 Does the event involve a fixed venue site? If YFS, attach a detailed site map showing all streets impacted by the event _ YES YNO Does the event involve the use nt tents or canopies? If YES. Number of tenllcanopies Sizes NOTE. A separate hire Department permit is required for tents or canopies YES A_ NO Will the event involve the use of the City stage or PA system? In addition to the route reap required above, please attach a diagram showing the overall layout and set-up locations for the following items' ▪ Alcoholic and Nonalcotiotic Concession and/or Beer Carden areas - Food Concession andior Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS _ El t:(TRIC _ CHARCOAL _._ OTHER (Specify) t'ortable and/or Permanent Toilet Facilities Number of portable toilets. (1 tor every 250 people is required, unless the applicant can show that there are facilities in the immediate area available In the public during the event) ▪ Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related strictures Y Vehicles and/or trailers • Other related event components nol covered above Nash containers and dumpsters - - -- (Note' You must properly dispose of waste and garbage throughout the terra of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans. Trash cot tarners with lid Describe your plan for clean up and removal of waste and garbage during and after the event Please describe your procedures for both Crowd Control and Internal Security: N1 _ YES NO I lave you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name) _ Phone - YES //NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for provi rig FirstAid`>taffit w..9d Equipment. ,( t7li`/( •-re, Please describe your Accessibility Han tor access at your event by individuals with disabilities: Please describe your plan for DI:.;ABLED PARKING 6 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES x N() Are there any musical entertainment te.atures related to your event? If YES, please state the number of stages, number of hands and type of music Number of Stages: Number of Bands: j type of Music. YES XNO Will sound amplification be used? If YES, please indicate: r Start tune• arn;pm Finish Tirne errs/pin YES XNO Will sound checks be conducted poor to the event? II Yf S, please indicate• Start time anr!'pm Finish Time ain/pin Please describe the sound equipment that will be used for your event. YES NO t ireworks, rockets, or other pyrotechnics? If YES, please describe: /l YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 0✓/1W brit 4 1 Revised 08'10/O5 1 Event: for Of -ice 'Ilse Only Department Date Approved? _ Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Ireel, I)rector 1Sudriinrrj & Sarrtly r)eliailnient 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 $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 1i1I/4 7)1'AP---cc't- Person in Charge of Activity 1t4k l Address f 3 l r .x- ,�j�� , 5/, 920,/-4 Telephone g''5$° 2 f 5. 5353 Date(s) of Use �.L6. (f 23 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature o(Applscant VP�m Official iUH DI.22.. dg- Bate For Office Use (Only Certificate of Insurance ,approved • Date _ _ — __ Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) lv 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 5, 2008 AGENDA ITEM NO. 33 ITEM TITLE TEMPORARY USE PERMIT — Westfield Plaza Bonita Carnival sponsored by Christiansen Amusements from February 22 — March 2, 2008 at the Plaza Bonita mall. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Christiansen Amusements to conduct the Plaza Bonita Carnival at Plaza Bonita Mall from February 22 to March 2, 2008. Set up for the event will commence at 8:00 a.m. on February 18, 2008. The daily showtimes are as follows: Mon-Thurs. 5 p.m. to 10 p.m. Friday 5 p.m. to 11 p.m. Saturday 1 p.m. to 11 p.m. Sunday 1 p.m. to 10 p.m. The event will be dismantled on March 3, 2008 at 8 p.m. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provides affordable, safe entertainment for our community. Security is ensured with a fenced perimeter and hired Security Guard services. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP, plus $349.00 Finance Director for the Fire Pennit(s). Finance is asking for a $2,500.00 Bond and a $50.001nspection fee. Total fees: $744.00 plus $2,500.00 Bond. Account No. STAFF RECOMMENDATION Approve the Application for a "Temporary lJse Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A dkihta; d/teeri - ATTACHMENTS ( Listed Below) Resolution"No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL. CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Christiansen Amusements EVENT: Plaza Bonita Carnival DATE OF EVENT: February 22 — March 2, 2008 (set-up Feb. 18, 2008) TIME OF EVENT: Approx. 1 p.m. to 10 p.m. daily APPROVLALS; PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAI,: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE (619) 336-4400 1. The applicant states that security will be present but does not state the number of security or if these arc armed security personnel. Please have the applicant provide a specific number of security personnel present at any given time and whether they are armed. We will also need a contact name and number of security management personnel that can be reached at anytime their personnel are present. 2. The applicant states they have no plans to notify residents and others impacted by the event because "only impact is to Plaza Bonita tenants who are informed by Westtield Management." The police Department is requesting that the applicant and/or Westfield Management notify the residents in the Bonita area occupying the hill directly east of the Mall and those residents cast of the Mall along Sweetwater Road. Historically, special events at the Mall have created a significant amount of complaints about noise and quality of life issues from residents to the east. This is particularly the cast anytime the events are located on the east side of the Mall, such as this one is scheduled to be held. Such incidents result in a disproportionate number of calls for service to police for an event of this nature and place officers in a difficult position at finding a remedy. 3. The Department requests that the applicant or sponsor provide specific details as to measures taken to mitigate noise and light distraction that will invariably occur to residents and others in the surrounding area based upon the location the event is scheduled to be held. 4. The Department requests that no game prizes consist of alcohol and / or drug depictions. This would include painted mirrors, posters, hats, etc. containing any drug or alcoholic beverage name, logo, label, etc. This would also include any depiction or reference to drug use, intoxication, sales of drugs, etc. Further, the ring toss game or any other game or attraction should not use alcoholic beverage bottles as a part of the game structure. 2 FIRE (619) 336-4550 1. Access to the Circus Vargas to be maintained at all times.. 2. Fire Department access into and through the booth areas are to he maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) 4. Fire Hydrants shall not be blocked or obstructed. 5. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7. If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must he maintained between tents and canopies. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine ($349.00) dollars. Fees can only he waived by the City Council. 8. Provide 24 extinguisher to be mounted in a visible location between 3%z` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a State Fire Marshal Tag attached 9. All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will he required. All tire extinguishers to have a current State Fire Marshal Tag attached. 10. No smoking signs to be posted. 11. A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 12. Required inspections taking place, after hours, holidays, and weekends will he assessed a minimum of one hundred ($100.00) dollars. 13. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 14. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 15. Fees can only be waived by City Council. RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the event will be held on privately owned property at Plaza Bonita. I t appears that the event was previously held there in 2006. 1 do have a couple of concerns with respect to the insurance. First, since the sponsoring organization, Christiansen Amusements, will be onsitc from February 18th through March 4th or 5th, it must provide evidence of insurance for the entire period, not just for the carnival itself. 1'he Workers' Compensation certificate should be amended to reflect coverage for the set up and tear down period. Second, since carnival vehicles will be used to transport games, rides and other equipment to and from the site, commercial automobile liability insurance with limits of at least one million dollars ($1,000,000) combined single limits (CSL) should be provided. The coverage should include owned, non -owned and hired vehicles ("any auto"). Finally, the City is named as an additional insured on the commercial general liability (CGL) coverage as noted on the certificate. We require a copy of the actual additional insured endorsement, since language on the certificate is not legally binding on the insurer. I will be happy to discuss these concerns with the organizer or its insurance agent if there are questions. Otherwise, I have no objections to the application. Let me know if you have any questions -- Ashley Fenton, Risk Manager FINANCE 336-4330 1. A $2,500.00 Bond and a $50 Inspection Fee are required for a Carnival or Circus, which has to be paid at least two weeks prior to the start date of the event. 2. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 4. If any of the vendors or organizations is registered not-fbr-profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) 4 Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening Festival Community Event Circus Block Party ,Other CC(rnt(/ s — aje&i-h'/d 8La2a 9300t fQ �'�trrl �*u l Event Location: 303o /Plaza 13emi fa. Ede /47- ,4a ( C,9'`fSo () Z/�ZfO� 3/Z10i� Sioo �4 owe 177,sc) Event Date(s): From to Total Anticipated Attendance: 5 ' - Goo /day +- Month/Day/Year (3s 4/-Participants) �f» %7-774 /0/0"% (__Spectators) Actual Event Hours: „cx�` a L.�ji to j/ and / Setup/assembly/construction Date: //9/08 Start time: Please describe the scope of your setup/assembly work (specific details): eel rr r vQ vehick arr; W Z//gam 5 1 y z/za-22% 'A'rrt 7iavt 422 — 312 j /liar drain 513-3jYi 4/r T-7411 it 3A/--ifs Dismantle Date: 3 An Completion Time: 9'.290 a RUING AND SAFETY DEPT. RECEIVED List any street(s) requiring closure as a result of this event. Include street name(s), day and JAN 0 9 2008 NA IUMAL CITY, CALIF. time of closing and day and time of reopening. /10 Sponsoring Organization: Cif rl S t"?/t3 Q4 » l Ct5{ /N tf's1 / S)( For Profit d``i3 �Q e� Not -for -Profit Chief Officer of Organization (Name)/l�lJ/(/ ,Qfl Applicant (Name):n�J // �/Q�v zi / `'!// • / Address: /©D ,dal 797/-1i5E4/I (`' !Y®j 69- 9z0 3,j -c' 797 Daytime Phone: (.10) 7 35' iSYZEvening Phone: (10/9 S2a- trtWooFax: (7 g 73 i -16.- 3 Contact Person "on site" day of the event: f/ BraA/At / xf Lf/JOlc�s Pager/Cellular: 6/7 S�20. �52 / `t-i/ `7 5 7 73 7f' NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4 Is your organization a `Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? YES _ NO e/,Se d,V 55%6n Pee If YES, please explain the purpose and provide amount(s): r evenyone qde 7 $ 4O�D/O ' — Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ G!/IA,//IOl/J/J $ i1' f! Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. �Li°as sie 6z Aed sJ��7Ls YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 6 _ YES XC NO Does the event involve the sale or use of alcoholic beverages? X. YES � NO Will items or services be sold at the event? If yes, please describe: /70c1i d (MdJ %/- ihotA, (717.e5- _ YES 4, NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. 4 YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X_ YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies /s`--25" Sizes ,i,2S s r f f fo �OG3) se9 A NOTE: A separate Fire Department permit is required for tents or canopies. _YESNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Y Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Y Food Concession and/or Food Preparation areas Please describe how food will be served at the event: 4ILST P.QDOCtc 7S Ake( <.of9razeiAtc Y' oi,L lA) ,9 771,OCPT. ,2N111-EA • If you intend to cook food in the event area please specify the method: G� GAS X ELECTRIC CHARCOAL OTHER (Specify): p1O,41i7e 0,96,s; e/e, nofa, x ysj Y Portable and/or Permanent Toilet Facilities Number of portable toilets: %' 5 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Y Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures Y Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers • Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) �1 Number of trash cans: /6-(8 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: /ate f e-/'fired d&; /r • has A d/i,ips di orc si re /f r �c 77n j Q7/ .-rd64 �acc Ec 7' r� fiF`e 1-16 AFP 7-teee, 7-4-144 >o m lk--) erz46 g D/$ 4 X54z- 6/7-E Please describe your procedures for both Crowd Control and Internal Security: 72 n .J 6-ear) 7 ,5-e Chug /ds /ra / e 4 17- t4 e ,71-D4g1cj5 4,G//? a f a// Afars- o � (52 era- /-i° rt X YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: J-/I - 7 6c2CUrr~ Ly Security Organization Address: 60 C Cast J//ti/0/ld 10/i0 z% dia /a 1's f 6rt 9/ i?// Security Director (Name): -7a-,f eis--Je9HAsm Phone: (.Gi¢) 7SV /2C 3 4 YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants ands ctators: e,Qrh ride pities se/>---‘yiff-d a/4/ /0 %4w/ rd r y 4/e &se c/ Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. As 7 Fd is /pro a/deck s 7 ed r .W ivet/ 6 f66e Please describe wur Ac essibility Plan for access at your event by individuals with disabilities: 6LQ 2 .. oi),v'ref /oar/ it q' lO f is use e ale Pi -DV I Iec/, art tree Ldrrtiva/'¢e. IS 44 6i/7fi„r-4-55'6k Please provide a detailed description of your PARKING plan: Q/xp It par4Tir s�G�sriviq /rewkJ- %ohe:2a teA 73 ,va-i /4c He >6"r til 'gret , p140./ a j*u all. Please describe your plan for DISABLED PARKING: thltple w-,77 y dk es',r O/isa 1 ��- xr Ike , /1/ a/ /Df, ) &d l Odd/ At'gd-ed ed , s7 rec1. y y � 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Qrtl Jrxiootz-f /3 717, /2424c-/ovetaX /die) NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES & NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: _ YES X. NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event Number of Bands: YES X NO Fireworks, rockets, or other pyrotechnics? tf YES, please describe: X YES _ NO Any signs, banners, decorations, special fighting? If YES, please describe: on /j c'A lrt,te,, exi t a �- T /r r fa, 21ib 115ed A— Aoa-rs b1 a` is b- Revised 08/10/05 1 9 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 C h ri s 7�� Cl u- S�(;t 4-44 CG,SCot i 1-s Person in Charge of Activity 7ort Address /© /60C i2l7 l L 4 did?, 920 39-6997 Telephone 7 I' 71S' ece 2-- Date(s) of Use _ 62//SVoers7._ 3/1 t 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any Litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Ib Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) F 11 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Date iZ Westfiekf Plaza Bonita 3030 Plaza Bonita Road. 42075 National Coy, CA 91950 8007 Telephone (619) 267-2850 Facsimile (619) 472-5652 January 9, 2008 Mr. Joe Olson Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: TEMPORARY USE PERMIT CHRISTIANSEN AMUSEMENTS Dear Mr. Olson, This letter serves as official authorization for Christiansen Amusements to. hold a family carnival on our Westfield Plaza Bonita property located at 3030 Plaza Bonita Road, National City, CA. Christensen Amusements is approved to occupy the parking lot on our property from February 18, 2008 through March 5, 2008 for setup, operation, and removal of the carnival. The actual carnival event is February 22, 2008-March 2, 2008. Please call me at 619.267.2850 if you have any questions. Thank you. Sincerely, Ryan P, CSM Genera onager Ours wove a FUN.! CIIRISTIANSEN AMUSEMENTS Westfield Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 Plaza Bonita Feb. 22 — Mar. 2, 2007 Fri. 2/22 & 2/29 5 pm to 11 pin Sat. 2/23 & 3/1 Sun. 2/24 & 3/2 1 pm to 10 pm Mon. - Thr. 2/24-28 1 pm to 1 l pm 5 pm to 10 pm Christiansen Amusements was commissioned by Westfield Shoppingtown to conduct small family camivals at its various shopping centers throughout Southern California in 2001. We annually conduct safe and successful events at throughout Southern California at their various centers. Due to construction limitations there was not a 2007 event at Plaza Bonita so February 2006 was the last time an event was held. This carnival event is targeted to reach the local connnunity families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The number selected depends on layout availability which is different from 2006. Scc the attached plot plan for details. A) Rides: Adult Rides: Sky Diver, Zipper, Hurricane, Scrambler, Tilt -A -Whirl, Gravitron, Bumper Cars Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Lady Bugs, Bumble Bees, Tea Party Non -mechanical: Fun Factory, Slide, Computer Portrait. 13) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini - Basketball, Long Range Basketball, IIi-Striker, Ring Toss, Stop Sign, others. Christiansen Amusements has made standard policy for these events the following elements which help make for a safe, enjoyable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 10-day event. This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and parking and traffic flow are easily monitored and controlled especially with existing center traffic patterns. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone. ww WESTERN FARS ,I,XJPINYJ P.O. Box 997, Escondido, CA 92033-0997 • http:llwww.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 lq Carnival Site Oct rru Westfield Plaza Bonita Carnival Feb. 22 - Mar. 2, 2008 Christiansen Amusements P.O. Box 997, Escondido 92033 (760) 735-8542 Fax (760) 735-8543 info@amusements.com - evrwuvice • Map 2 of 2 Christiansen Amusements P.O. Box 997 Escondido, Ca. 92033-0997 (760) 735-8542 (760) 735-8543 fax I/l I / 1 4str .4 1 Adult 0 Emergency Exit / 1 L Cp Trailer 0 Walkthru ®x Date: Feb. Fri. 5 to Sat. 1 to Sun. 1 to 22.-Mar. 2, 2008 11 pm Mon. 5to 10pm 11pm Tue. 5to 10pm 10pm Wed. 5to 10pm Thr. 5to 10pm Generator Fire Lane - minimum 20' Fire Lane - minimum 20' CG 0 Photo CG 0 CG LuTraller 0 Food 0 LuG 0 Westfield Plaza Bonita 3030 Plaza Bonita Rd. National City, Ca. 91950 ) %Fire Exingulsher CO = Center Game LuG = Line up Game tix = ticket box LuTrailer= Lineup Trailer CgTrailer = Center Trailer CG CG LuTreiler 0 CG 0 LuTrailer 0 CG 0 Lu G 0 CG 0 Generator Adult 0 u° 0 STATE COMPENSATION INSURANCE CERTIiOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-08-2008 GROUP: POLICY NUMBER: 1553218-2007 CERTIFICATE ID: 203 CERTIFICATE EXPIRES:08-01-2008 08-01-2007/08-01-2008 WESTFIELD PLAZA BONITA SD JOB:CARNIVAL FEBRUARY 22 - MARCH 2, 2008 3030 PLAZA BONITA RD STE 2075 NATIONAL CITY CA 91950-8007 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. HORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - RALPH CHRISTIANSEN PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - BARBARA CHRISTIANSEN SEC TRES - EXCLUDED. ENDORSEMENT #1600 - TOM BROWN VICE PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - WILLIAM JACOB VICE PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CHRISTIANSEN AMUSEMENTS, INC PO BOX 997 ESCONDIDO CA 92033 SD IR18,SDI SD (REV.2-051 l4 PRINTED 01-08-2008 INSURED ADORE). CERTIFICATE OF LIABILITY INSURANCE DATE (*L OIYYYYI 1/08/ 08 PRDDDCER Allied Specialty of Texas 85 N.E. Loop 410 Suite 600 San Antonio, TX 78216 800/235-8'174 Christiansen Amusements, Inc.. and Southland Shows, Inc. P. O. Box 997 Escondido, CA 92033 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES.$Et.OW. INSURERS AFFORDING COVERAGE NAIC # _ INSURER A T. H. E _ Insurance Company INSURER B. INSURER C. INSURER 0: [INSURER INSURER E. THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. iVSR1ADD'L I TR MICR% OF INSURANCE LISTED BELOW HAW BEEN ISSUED TO THE INSURED NAMED ABOVE TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT AGGREGATE OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUUMS. FOR THE POLICY TO WHICH TO ALL THE TERMS, POL1Cr EXPIRATION r , .r..•�• PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE EXCLUSIONS AND CONDITIONS ISSUED OR OF SUCH -- - - WI*hc,ucnoAMCF POLICY NUMBER POLICY EFFECTIVE, ,...u� LIMITS - GENERAL LIABILITY ) EACH OCCURRENCE 1,000, 000 A 1000MMERCIALGENERAL UABNTY M7MT3751 04/01/07 04/O1/08'°4" _Is � 5 U,UUo , _..I I CLANS LACE I XJ OCCUR MED EXP(Any cli+ w )- 15 PERSONAL. &AINmum, Is 1,000, COO GENERAL AGGREGATE ' S 1.0, 000, COO __,....... _. rGFMLA.:.CRECIATE UMR APPLIES PER i POLICY 1 PR. 1 1 LOC PRODUCTS - COMPUP FOCH$ 1, 000, 000 AUTOMOBILE LABATI Y COMBINED SINGLE UNIT 1 5 ANY AUTO (E! ►crdoM) ALL OWNED AU1 CO HOOEY INJURY -- ` � ' S SCHEOULEDAUTOS (P. person)' $ HIRED ALI IO6 HOOEY INJURY NON-CNNE D AUTOS (Per ►caox+q PIOPERT(DAMAGE (Per Accident) i 5 GAVMSEL1ABRJTY I AUTO ONLY- EAAOdDENT 1 S ANYAUI0 1 OTII€RTHAN 'A FCC ---ACC _S ..._-__. AUTO ONLY' 5 EXCES51UMBREILALIABAJTY EACH OCCURRENCE ! _ _I OCWR 1 ) CLAMS MADE . 15 DEDUCT18LE i 15___.... _._ _. 11 RETENTION $ __ - __._. _. ..._. 15 WCSTATU- r 107N-I WORKERS COMPENSATION AND EMPLOYERS' WIBLITY __ IORYLNTS'.. ...Lilt- i___ .._-.'..�_ ANY PROPRIETORAPARTNERIEXEWTIVE I E.L. EACH ALGOENT .S OFFICERIMEMBER EXCLUDED', EL D.EEASE • EA EMPLO?'FE f SPECIAL PROVISIONS INoe F L. DISEASE- POLICY LIMIT ! 5 i OTHER DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY: WESTFIELD AMERICA,INC., PLAZA BONITA LP, WESTFIELD CORPORATION,INC. AND ANY AND ALL OF THEIR RESPECIIVE PARENTS, PARTNERS, SUBSIDIARIES, AND AFFILIATES, TOGETHER WITH ANY MORTGAGE FROM TIME TO TIME OF THE LANDLORD'S INTEREST, ARE NAMED AS AN ADDITIONAL INSURED, AS THEIR INTEREST MAY APPEAR. CERBFICATE HOLDER PLAZA BONITA LP A DELAWARE LIMITED PARNTERSHIP .3030 PLAZA BONITA RD. #2075 NATIONAL CITY, CA 91950 CANCELLATION SNOUID ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L EFT, BUT FAILURE TO DO SO SWILL IMPOSE NO OBLIGATION OR LJMALITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIffD REPRPSFNTATNE ACORD 25 (2001/08) &9 ACORD CORPORATION 1988 ADD,. CERTIFICATE OF LIABILITY INSURANCE PRootcER All-ied Specialty of Texas 85 N.E. Loop 410 Suite 600 San Antonio, TX 78216 800/235-8774 Christiansen Amusements, Inc. and Southland Shows, Inc. P. O. Box 997 Escondido, CA 92033 INSURED DATE (MWOGIYYYY7 1/08/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR _AI TFR THF_COMFQACTF AEES2RIWI/HYSHF_P_O LCJF IFI Ow. INSURERS AFFORDING COVERAGE rlNsuRERA T.H.E. Insurance Company INSUREiRINSURER C. INSURER O. INSURER E NAIL # COVERAGES I HE POLICIES OF INSURANCE LISTED BELOW HAVE BF EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO AI.L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI AIMS. INSIR PQtJCY EFFECTNE POI icy FXPRATioN 1TP WcvD 1YDF Ds WSI meNca POLICY NUMBER DAKfMw+DCOO nATNITBNIPATI- LISTS -G�yEN�ERAL LABILITY t $ 1,000,000 EACH OCCURRENCE AI '.',:'7.-$VJERCIALGENERAL LL181LIn M7MT3751 04/01/07 U4/O1/08r RENTtp $ 50,000 $TD (Ea ocaxesce7 CLAIMS MACE I[OCCUR MEC IXP(,N.Y one Parson)-- 5 PERSONAL &AY INJURY S 1, 000, 000 GENERAL AGGREGATE S 10, 000, 000 SGR_M1 AGGRECLATE UWT APPLIES PEA. i POLICY I 1 6R1T r 1 LOC PHODoCTS_COMROP AGO$ 2, 000, 000 , AUTOMOWLE UAUHJTY ANY AUTO COMBINED SINGLE UNIT I (Ea aoaaMM I AI I- OWHEDA"11— BODILY INJURY E L SCHEDULED AUTOS IPA pew) i-- FIRED AUTOS BODILY INJURY $ 1___ MJNAY.NED AUTOS (ParV amiclart I r I I PROPERTY DAMAGE (Par acadml) $ i I GARAGE LlAB1UTY AUTO ONLY• EA AIX:IDE/1T S F ANY AUTO OTHER THAN ;A ACC _ S AUTO ONLY. AGG ! - S I I II LIAIUITY -EACH OC/'JIRRENCE __ S _ _ __ i _EXCESSNMOREUA I OCCUR 1 IC.MSMADE IN AGGREGATE... N I DEDUCTIB _E S _I 1 I Hi UNTEN $ $ WORKERS COMPENSATION AND NGSTAWTTLL� /OTH-. 7�—L__ Eft., EMPLOYERS LIABILITY ,I NY PROPRIFTOR/PARTNER/EXECUTIVE ANY ___t El EACH ACCIDENT $ E L. DISEASE- EA EUPLOYF.F $ OFFICER/MEMBER EXCLUDED, E Yea, daambe w+aaT SPECIAL PROVISIONS !Mow EL DISEASE- POLICY OMIT S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES i EXCLUSCNS ADDED BY ENDORSEMENT / SPECIAL PROVISION$ ADDI'1'IONAl INSURED WITH RESPECTS TO 'WE OPERATIONS OF THE NAMED INSURED ONLY: CITY OF NATIONAL, CITY AND THE PARKING AUTHORITY OF NATIONAL CITY, ITS OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. FOR THE DATES: FEBRUARY 18, 2008 THROUGH MARCH 5, 2008 CERTIFICATE HOLDER CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CIYT, CA 91950 CANCELLATION SHOUT D ANY OF THE ABOVE DESCRIBED POI IMLS RE CANCR 1 FO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INvmrR WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO TIE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAR.URE TO DO SO SHAI L IMPOSE NO OBLIGATION OR LIABILITY OF ANY KILO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV1 ACORD 25 (2041/08) ® ACORD(CORPORATION 1988 9.08 WED 13:05 FAX 1 760 735 8543 CHR1SfIA.NSEN _L1i:$EMEN S @I002 Christiansen Atuuscmeats Westfield Shoppingtown Plaza Bo_ iia 3030 Plaza Bonita Road, National City, CA 91950 February 22 - March 2, 200R Ride list Game List 1. Gravitron C-10969 Balloon Dart 2. Hurricane C-17378 Bean Bag 3. Kamikaze C-17222 Buoy Toss 4. Scooter C-13577 Cat Punk Rack 5. Sky Diver C-178 Derby Race b Tilt -A -Whirl C175 Ducks 7. Zipper C-4787 Giass Pitch 8. Bumble Bees C-183 1-1:-Sttiker 9. Go Gator C-6636 Long Range Basketball 10. Hampton Cars C-7102 Mini -Basketball 11. Hampton Cycles C-7101 One Gall 12. Lady Bugs C-4016 Rainbow Pitch i 3. Merry -Go -Round C-174 Ring Toss 14. Slime Time C-17188 Roar Ladders Non -Mechanical Tubs 15 Fun Factory Water Racc 16. Super Slide Computer Portrait Food/Candy Wagon All rides OSHA approved. Bold C#'s are Major Rides. ??u:cLrical .;. eu. meets 1NI C code. A: Ode 525. Rides and games limited to space and availability and subject to change. City of National City, California COUNCIL AGENDA STATEMENT rAEETING DATE February 5, 2008 AGENDA ITEM NO. 34 /ITEM TITLE Update on the City's Juridictional Urban Runoff Management Program (JURMP) Fiscal Year 06-07 Annual Report PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION The City prepares and submits to the San Diego Regional Water Quality Control Board, an Annual Report on the implementation of its Juridictional Urban Runoff Management Program (JURMP). In order to update the City Council attached is the executive summary of this report. The report was submitted to the San Regional Board Regional Board on January 29, 2008_ Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMEN TION Accept the repo OARD / C MIS 0 - ECO ATTACHMENTS (Listed Below) Resolution No. City's Juridictional Urban Runoff Management Program (JURMP) Fiscal Year 06-07 Annual Report \ Executive Summary annual A-200 (Rev. 7/03) EXECUTIVE SUMMARY In February 2001, the San Diego Regional Water Quality Control Board KIMQCb or Rel,ional Board) issued Order No 2())1-01, a National Pollutant Discharge Elimination System ("NPDES) Permit regulating discharges to storm drain systems within 18 municipalities in San Diego County, the County of San Diego, and the San Diego Unified Port District. (collectively referred to a "Coperniittees"). The San Diego County Regional Airport Authority was later added as the twenty-first Copermittee. Order No. 2001-01, generally referred to as the Municipal Permit, required each Copermittee, including the City of National City (C:ity), to develop a comprehensive storm water management program known as a Jurisdictional Urban Runoff. Management Program (JURMP). The City's JURMP includes storm water management strategies ail(' protocols related to planning, construction, and existing developments. Major components include the implementation of Best Management Practices (HP11'), water quality monitoring, and educational outreach efforts. Each fiscal year, the City prepares an annual report on the implementation of its JURMP, as required by Municipal Permit Section 1.1. The following JURMP Annual Report presents the activities implemented during the 2006/2107 fiscal year (July 1, 2006 through June 30, 2007). A brief summary of each of the 11 sections of the Annual Report is presented below. Introduction The introduction presents an overview of the C:ity's storm water pollution prevention program and includes a bulleted summary of key accomplishments for the 2006/20(17 reporting period. Municipal The City continues to invest significant. resources in the further development and the implementation of its storm water management program. The City continues to implement an aggressive street sweeping schedule and MS4 maintenance schedule:, removing approximately 1,300 tons of material from street sweepin}, and 23,200 pounds of material from MS4 maintenance during 2006/2(07. Additionally, about 416 cubic yards of debris were removed during channel maintenance operations. The City dedicated 1,782 man-hours to clean 333,060 linear feet of sewer lines. Over 17,700 pounds of debris were removed during this maintenance. The City held six training sessions for municipal personnel during 2006/200%. The City also developed an educational 2(07 "Keep Our Community Clean" Calendar that was provided to various City departments in addition to the general public. Industrial/('orumercial During 2006/2007 the City inspected all high priority industrial facilities. During this reporting period, 29 complete industrial inspections midi() full commercial inspections were conducted. Visas were also made to industrial and commercial sites when warranted by public complaints, and the ( :it y ensured that such incidents were resolved satisfactorily. Based on inspection findings and complaints received by the ('ity's storm water -hotline, the (aty issued six Notices of Violation (N( Ai) to industrial facilities and 10 NOVs to commercial facilities. 1'he City continued to provide educational outreach CITY or. NAn)NAI Cr I.� iir JANUAR.'7008 2006/2007 JHMI' ANNUAL ItErnIr material to industrial and commercial businesses, and the City continued to implement a rating system to assess RMP implementation and storm water knowledge. Additionally, the City worked with its contractor, 1)-MAx, to conduct two industrial/commercial- related educational workshops, one for industrial businesses and one for automotive - related businesses. Residential Because residential areas comprise a large portion of National City, the City has pursued a number of efforts to educate and involve residents in implementing the City's JURM1' The City held a workshop for residents in the City. and provided them with a presentation and a variety of educational material, including the 2007 educational calendar. Residents of the City of National City, along with the citizens of the City of Imperial Reach and the Cil.y of Chula Vista, continue to utilize a common household hazardous waste facility. ]lie total mass of household hazardous waste collected by all three cities during this reporting period was 142,572 pounds. Similar to previous years, the City held two large item disposal events in conjunction with EDCO. Additionally two neighborhood cleanups resulted in the disposal/removal of 12 tons of trash and debris. The City maintained residential storm water awareness through educational materials, including flyers, pamphlets, and calendars, many of which were bilingual. Residents also made use of the City's Storm Water llotline to report observed storm water problems, including those iri residential neighborhoods. The City issued seven NOVs, sent 23 corrective action letters, and gave numerous verbal warnings related to complaint investigations in residential areas. Development Planning/Construction All development projects that will disturb soil are required to complete a Storm Water Requirements Applicability Checklist. The checklist helps determine requirements for post -construction IiMP implementation and whether the project will be subject to the State General ('onstructron Permit or General Industrial Permit. Regardless of which department LS initially contacted for the projects' permits, completed checklists are forwarded to the Engineering Department for sign off to ensure consistency. All construction projects subject to the General Construction Permit submitted SWi'PPs, which the City's consultant reviewed. Twelve projects subject to the City's Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance were required to submit post - construction Rh1P plans, which were also reviewed. The City regularly inspected active construction sites in its jurisdiction, including weekly inspections for high priority sites. Storni water complaints received about construction sites were aLso promptly investigated, and enforcement actions were taken where necessary. A total of three NOVs and two administrative citations were issued to contractors or developers. The City held a SUSMP workshop for the development planning community' and a construction -related workshop for construction site owners and operators. Though not required by the Municipal Permit, toward the end of the reporting period the City also inspected completed SUSMP projects for the first. blue. The City will use the results of this initial inspection effort to refine its SUSMP inspection programs in future years. Illicit Discharge Detection and Elimination The main avenues through which illicit connections and illegal discharges (IC/ID) are detected are the Dry Weather Field Screening and Analytical Monitoring Program (Dry Weather Monitoring Program), the storm water hotline, and by observations made by etry Or NA IUUNAI CIrY IV .iANUARY 2008 2006/2007 JURMP ANNUAL RI-PO4 r 62 City staff. Visual observations and field screening were conducted at 15 Dry l\'eatht.r Monitoring Program sites, and water samples from over ?. i percent of the sites underwent laboratory analysis for additional parameters. when routine monitoring found a parameter above its established action level, a follow-up source identification Investigation was undertaken. Based on the results of the investigations, the City acted to eliminate the source(s) o1 pollution identified by these investigations. All 143 complaints received were documented and resolved by City staff. One sewage overflow occurred during 2006/2007 and was reported to the RW(X'B. The spill was cleaned up, and enforcement action was taken against the responsible party. All I( 7IDs detected in 2(X)6/2007 were eliminated during the reporting period. Education/Public Participation During 2(X)6/2007 the City continued to provide the general public with educational outreach material and opportunities to participate in the implementation of the storm water program. The City provided numerous training sessions and a variety of educational materrat for municipal personnel, industrial and conuuercial business owners/operators, development and construction project proponents, and residents. The City's outreach efforts were estimated to have made over 134,(XX) impressions during the reporting period. The City collaborated with I Love a Clean San Diego to stencil 30 storm drains in the City. Cleanup efforts in the (:itv, including those put on by neighborhood councils, removed approximately 14.4 tons of trash and debris. Assessment of JURMP Effectiveness The regionally developed approach to program effectiveness assessment includes program planning, IMP selection, and evaluation of six tiered levels of targeted outcomes. As the system progresses from Level 1 to level 6, targeted outcomes becoming less focused on activities conducted and more focused on changes in water quality. The City used this regionally developed approach to assess its program, incorporating some City -specific components such as historical water quality monitoring data. The ('its' has also continued to employ a numeric scoring system to assess BIVIP implementation and the level of storm water knowledge during industrial and commercial inspections. Fiscal Analysis Section 12 of this )(JRMP Annual Report presents information about the costs and funding of the City's storm water program. The 2006/2007 fiscal year expenditures were $940,000, and the proposed budget for the upcoming fiscal year is $936,000. Special Investigations In response to Dry Weather Monitoring Program results, the City initiated a more focused investigation into sources of trash and debris that might affect. the City's storm drain system. Findings of the study and the City's plans for follow-up actions are discussed in Section 13. Conclusions and Recommendations General l onclusrons and recommendations are presented to Section 14. During, 2006/2007, the City continued to improve the planning and implementation of its program and began to prepare for the new requirements of the recently reissued Municipal Permit, Order No. 2007-())01. During 2007/2()03, the City, will continue to CITY OF MAIIOItp.; CIT? V JRM JARY 7008 2006/200 JUF MP Atain r ,r Rl-r-lntr 3 refine and adjust existing programs and will develop new programs to inert the rcuirernents of Order No. 2007-0(0)1. CI7 Y OF NATIoNAl. CI t Y 2006/2007 JIIRMP ANNUAL REPUKt yt .lnr:un.rer 2008 CERTIFICATION STATEMENT I certify under penalty of law that this document and all attachments were prepared under any direction or supervision in accordance s.vrth a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Marva Ilabakt City nguceer Date: January 2008 CITY nE NA IUNAL CITY vll 200612001 JURMP ANNUAL REPORT JANUARY 2008 City of National City, California COUNCIL AGENDA STATEMENT ellEETING DATE February 5, 2008 AGENDA ITEM NO. 35 1 EM TITLE Time Extension Request — Tentative Subdivision Map for the Division of One 16,675 Square -Foot Lot into Eleven Lots on a Property at 2504 Highland Avenue (Applicant and New Owner: PB Highland, LLC) (Case File No. 2007-63 T.E.) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION In January 2006, the City Council approved a Tentative Subdivision Map and Zone Variance for the division of the subject property. The Tentative Map is due to expire; therefore, the current property owners are requesting an extension. The following background report describes the request in detail. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION R(� Staff recommends that the expiration date for S-2005-4 be extended by two years to January 17, 2010. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution No. 2006-6 2. Location Map 3. Applicant's letter of request A-200 (9/99) BACKGROUND REPORT In January 2006, the City Council approved a Tentative Subdivision Map and Zone Variance for the division of the property into 11 lots; 10 of the lots for the development of single-family townhomes. The remaining lot will encompass a private driveway (for access to all of the new lots), two surface parking spaces, and over 3,000 square feet of open space. The Zone Variance allows for three-story homes, where only two-story single-family homes would normally be allowed. In addition to the Zone Variance, exceptions lrom the Subdivision Ordinance were approved to allow the use of a private street, lot sizes of less than 5,000 square feet, and less than 50 feet of street frontage for each lot. All Tentative Subdivision Maps are approved with a condition allowing the applicant two years to finalize the map. As no Final Map has been recorded for the approved project, this Tentative Subdivision Map would have expired on January 17, 2008 unless extended. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The original applicant was Cheng Capital. Sometime after the approval in 2006, the property changed hands and is now owned by PB Highland, LLC who are requesting a three year time extension. A recent site visit found the property in fair to poor condition, with some old furniture in the front yard. The homes arc noticeably deteriorated due to their age; one had a tarp on the roof to protect from an apparent leak. The driveway area is unpaved and lacks any formal parking arrangement. The area is rutted and multiple cars are parked throughout the lot. An un-permitted banner is attached to the front house. 1 RESOLUTION NO. 2006 — 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF ONE 16,675 SQUARE FOOT LOT INTO ELEVEN LOTS AND ONE VARIANCE FOR BUILDING HEIGHT ON A PROPERTY AT 2504 HIGHLAND AVENUE APPLICANT: CHENG CAPITAL CASE FILE NO. S-2005-4/Z-2005-6 WHEREAS, application was made for approval of a tentative subdivision map for the division of a 16,675 square foot lot into eleven Tots, and a Variance for building height on a property at 2504 Highland Avenue, on property generally described as: Lots 1 to 5 inclusive and the east 20 feet of Lot 6, in Block 4 of Flora M. Kimball's Subdivision of the East Quarter of 10 Acre Lot 15 in Quarter Section 152 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of Califomia, according to Map thereof No. 44, filed in the Office of the County Recorder of Said San Diego County, September 30, 1886. WHEREAS, the Planning Commission of the City of National City considered said application at public hearing held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 6, and December 20, 2005, 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 Nos. S-2005-4/Z-2005-6 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 that the City Council of the City of National City hereby approves the tentative subdivision map for the division of one 16,675 square foot lot into eleven Tots, and a Variance for building height on a property at 2504 Highland Avenue based on the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP The proposed map is consistent with the National City General Plan and applicable specific plans, since the General Commercial (CG) General Plan /Zone designation provides for residential infill development and since the General Plan promotes home ownership opportunities. Also, the proposed subdivision is in conformance with the specific plan for the area that requires a minimum ten -foot setback along Highland Avenue. 2 Resolution No. 2006 — 6 January 17, 2006 Page 2 2. The site is physically suitable for the proposed type of development, since the proposed residential development will add to and be compatible with the urban character of the area, and there will be adequate screening and separation between the proposed residential and neighboring commercial uses. Also, the Geotechnical Investigation for the project does not identify any geologic hazards that make the site unsuitable for the proposed development. 3. The site is physically suitable for the proposed density of development, since the approximately 25.6 units per acre proposed is less than the 34.8 units per acre allowed in the CG zone, and since the site is located on a major arterial road across from an existing multi -family senior development. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor. bodies of water on the site, and since the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 1. The property to be divided is of such size or shape, that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the width (115 feet) of the site makes it impracticable to divide it consistent with the development pattern of the nearest residential subdivision. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and future development pattem is compatible with the adjacent commercial and residential properties. 3 Resolution No. 2006 - 6 January 17, 2006 Page 3 Granting of the exceptions is in accordance with the intent and purposes of Title 18 of the Municipal Code (Zoning), and is consistent with the General Plan and with all specific plans or other plans 'of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title 18. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED VARIANCE 1. The requested Variance is necessary because of special circumstances applicable to the property, including location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since similar properties in the CG Zoning designation, including a property directly across Highland Avenue, allow for three- story residential development for the provision of housing. 2. That the requested Variance is subject to such conditions which will assure that the adjustment for height 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, as the project will function as a multi -family project, which can be built to 35-feet in height in the CG Zone, and since the proposed project is conditioned to comply with the submitted plans that identify a 35-foot high development for the housing. 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 proposed 10- unit subdivision is a permitted use in the General Commercial Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of one 16,675 square foot lot into eleven lots, and a Variance for building height on a property at 2504 Highland Avenue, is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one lot into 11 lots, with exceptions for Tess than required street frontage, creation of a private street, lots of Tess than 5,000 square feet, and reduced front and side yard setbacks. Ten of the 11 lots shall be developed with single-family homes, and the lot 11 shall be a common lot that encompasses the private street and open space areas. 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. S-2005-4, dated 10/4/2005. 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. 3. The private road, shown on the above referenced plans, will be a No Parking Area. 4 Resolution No. 2006 -- 6 January 17, 2006 Page 4 4. An automatic fire sprinkler system is required, per review and approval of the Fire Department. The Covenants, Conditions and Restrictions (CC&R's) shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 6. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 7. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 8. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 9. 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. 10. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 11. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management 5 Resolution No. 2006 — 6 January 17, 2006 Page 5 Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 12. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements 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 parking lot or development shall be implemented with the design of the grading. 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 and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/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. 16. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, 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. As 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 National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 17. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontage shall be removed and replaced. 18. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. Resolution No. 2006 — 6 January 17, 2006 Page 6 19. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements arid the ownership at the property. 20. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 is subject to adjustment according 10 actual worked hours and consultant services. 21. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. The developer shall bond for the monurnentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 24. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. This section of Highland Avenue has both the transmission and distribution lines. This area is also within an underground district which is schedule for undergrounding. The developer underground the facilities starting at the existing poles into the property. 25. The final map shall be recorded prior to issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 28. Exterior walls of buildings/ freestanding fences/ retaining walls to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 29. Prior to recordation of the Final Map the property owner and applicant 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. 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 1 Resolution No. 2006 - 6 January 17, 2006 Page 7 shall provide information that conditions imposed by approval of the Tentative Subdivision Map 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. 30. Approval of the tentative subdivision map expires two (2) years after adoption of the resolution of approval at 5:00 p.m., unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17th day of January, 2006. ATTEST: Mic ael R. Dall. City Clerk APPROVED AS TO FORM: LA. George H. Eiser, III City Attorney Nick Inzunza, Mayor 8 Passed and adopted by the Council of the City of National City, California, on January 17, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-6 of the City of National City, California, passed and adopted by the Council of said City on January 17, 2006. City Ierk o the ity of :tional City, California By. Deputy 9 1 -\ \ \ \ \ \ \ \ \ \A" \, \-\\ \ - \ cp 3A3 ' 16\ cp \ „---- 11`). `, ' \ - t,) 2:3 a - 7.40 , ‘.(2- \ cs) \ \ 30.6 4.9 '•veek \ \ \ - (.3‘ \\`er co \ \ \ \ \ \ \ Olivewod-E16i-hentary School \ \ A.01 \-- bt ,..\- - 20) ,------ 1( \ \-- `-- 3 ....._----- , 253------ .,...._-- 1 \ \ --. \ \ -- -.- \ \ - ,...., „.-.-1\ \\ (...0 \ ......, \ ......). CO . ()) \ \ \ ..› \ (S),." .-, .----- ' \ •••>, 2,- - ,„\ ...S... \,, - - --' \ \---- \ \ \ • elo , \\ \ 1 '------'3 \------ VIV!--------- V - - ..... 1 . \ 1 • • .. \ 7 \ \ 4 . Ci) \ PROJECT LOCATION iNk LOCATION MAP S-2005-4 / entative Subdivision Map and Zone Variance for 10 Single-family Homes z-2005-6 NATIONAL CIT0Y PLANNING DRN. DATE: 10/26/05 INITIAL HEARING: 11/07/05 AlikPacific Ilorizon 1927 Adams Avenue San Diego, CA 92116 Fax 619 491-0016 December 18, 2007 City of National City Planning Department Ms. Angela Reeder, Associate Planner 1243 National City Blvd. National City, CA 91950 18DEC 'O7PM2:58 PROPERTY AND FINANCIAL GROUP RE: Time Extension for Case File No. S-2005-4 / Z-2005-6 Dear Ms. Reeder, This letter serves as a request for a three (3) year Time Extension on the above referenced Case File Number concerning the approval of a Tentative Map Subdivision for the property located at 2504 Highland Avenue. Said extension is requested by PB Highland, LLC, the owner of the property, to allow time to complete the requirements of the approval and to sell the property. Enclosed is a $1,232.00 check for the extension fees. Sincerely, PB Highland, LLC By: Pacific Horizon Financial, Inc., Manager By: Ronald A. Bedell, President Pacific Horizon Properties, Inc. 619-491-0200 Ce S6; 9,/,(7 Pacific Horizon Financial, Inc. • P.H. Property/ Management, Inc. l 619-491-00IS 619•491-0.355 City of National City COUNCIL AGENDA STATEMENT `IEETING DATE: February 5, 2008 AGENDA ITEM NO. 36 ITEM TITLE: SCHEDULING A BUDGET WORKSHOP OF THE FISCAL YEAR 2008-2009 ANNUAL BUDGET PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 The Fiscal Year 2008-2009 budget year is approaching quickly and staff would like to schedule a budget workshop for City Council direction. Attached is a preliminary budget calendar for your input. Please note that the dates are subject to change. Traditionally, the workshops have been scheduled during City business hours. This year, to allow for public participation, staff is proposing Saturday, March 22 for the Council/Staff workshop. Environmental Review Financial Statement N/A N/A STAFF RECOMMENDATION City Council Direction requested on the date and time of the workshop. BOARD/COMMISSION RECOMMENDATION N/A I • ATTACHMENTS (Listed Below) Preliminary Budget Calendar —Fiscal Year 2008-2009 Mayor Ron Morrison Council members Louie Natividad Frank Parra tickles Lligab Rosalie Zaratc PRELIMINARY BUDGET CALENDAR FISCAL YEAR 2008-09 City Manager Chns Zapata Assistant City Manager Leslie Deese CDC Executive Director Brad Itaulston ..4 4. .= , • w,,=,, .-. -..- P1kCE - klPtiN$Illitrry:-.::-1•s: - - ,.1)EiPTION- Feb 18- Feb 22 --- Large Conf Room All Departments Department presentations to CMO on SWOT analysis Mar 22 Sat 'FBD TBI) Council/Staff Council/Staff Workshop Mar 27 Thurs 9:OOam or 2:OOpm MIS — Learning Center All Department Budget Users Budget Kick-off meeting. Budget workbooks/worksheets open for data entry. 2 sessions — Staff may attend either session. Apr 10 Thurs 6:OOpin --- All Departments Deadline for departments to have budget entered in bud:et s stem Apr 14- A or 21 --- --- --- Finance Finance Review Apr 22- Apr 24 --- CMO City Manager & Directors CM/ACM/CDC/Finance Director — departmental budget review meetings Apr 24 Thur 6:O0pm --- I ngineering CIP Budget due Apr 28 - May 1 6:00pm Finance Finance submits first draft of Proposed Budget to City Mana.er's Office for review May 5 — May 14 --- CMO City Manager • CM/ACM/CI)C/Finance Director .-- department budget follow-u as re uired May 27 Tues --- Finance Finance submits second draft of Proposed Budget to City Mana:er's Office for review Jun 9 Tues 6:00pm Council Chambers City Manager City Manager submits Proposed Bud:et to City Council for review Jun 17 Tues 6:OOpm Council Chambers Council/Staff City Council Meeting; review and identify any adjustments Jul 1 Tues 6:00pm Council Chambers Council/Staff Adoption of Budget 1243 National City Boulevard; National City. California 91950 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT .AEESTING DATE February 05, 2008 AGENDA ITEM NO. (-ITEM TITLE Warrant Register for the period of 01/04/08 through 01/17/08 in the amount of $499,664.32 37 PREPARED BY Rizza Dela Cuadra DEPARTMENT CDC— Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Check# Amount Explanation Portillo Concrete, Inc. 17707 $296,180.55 Professional Services—Streetscape & Fountain Plaza CDC Payroll various 867,970.47 Payroll for PPE 12/31/07 See attached report. Environmental Review ✓ N/A Approved by: Financial Statement J anctte Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $499,664.32 BOARD / COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 01/04/08 THROUGH 01/17/08 A-200 (9/80) Payee REDINELOPMENT80140 BEST I3EST & KRIECiER C1.IRISTENSEN SCIIWF.REHTEtiER CHRISTMAS IN JULY TrY OF NATIONAI. CITY COMMUNITY YOUTH COKNE.RSI ONE RI Ill DING GROUP RIZZA DELA CUADRA DEPT OF TOXIC SUBSI A NI ,E ("FRI, SROCIIERS I4I1TLRAINK ESSENTIA MANAGEMENT SERVICES EEDEX 1NKO'S FOLEY & LAIL ONFR GE CAM AL GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES HEA I EY CONSTRUCTION CO. HUSK PARTNERS IEEE KNIZ ARCHITECTURE KEYSER MARSTON ASSOCIATES, INC I. IPMAN STEVENS & HIENE, INC LIPMAN STFVENS & 11 IENE, INC. MEXICAN AMERICAN BUSINESS & NATIONAL CONSTRI1CTION RENTALS OPERATION SANIMI A N OPPER & VARCO PACIFIC MUNICIPAL. CONSUI.TANTS PORTII LC) CONCRETE. INC. POWER PI PROJECT DESIGN CONSULTANTS SAN DIEGO BUST NESS JOURNAL SAN DIEGO COIJN FY VECTOR SAN DIEGO GAS & ELECTRIC SCS ENGINEERS SLATE COMPENSATION INSURANCE 'flIE FAIR. HOUSING COUNCIL OF SAN DIEGO VER17.0N WIRELESS VERONICA TAM & ASSOCIATES .AI FRET)O )(BARRA FOR MEE'l ING1)1, FEBRUARY 05, 2008 WARRANT REGISTER FOR PERIOD: 01/04,101- 01/17/08 Description LEGAL SERVICES PROFESSIONAL SERVICES PI IRPLE COW RELOCATION RENT FOR 12.07 ENVIRONMENTAL ASSESSMEN1 DSP-2007-26 SP REIMBURSEMENT FOR 0947, 10/07 & 11:07 PROVILSSIONAL SERVICES - FOODLAND WADE. 11;07 REIMBURSEMENT OE OFFICE SUPPLIES ENVIRONMEN I Al. FEES - 4501 CI.EVEI.AND AVE RETIREMENT BENEFIT 12.'07 & 01/08 DESIGN & LAYOUT 1-OR STATIONERY PROFESSIONAL SERVICES - WESTS1DE GRANT COPY SERVICE PROFESSIONAL SERVICES - MARINA GATEWAY:CONSTELLATION EQUIPMENT RENTAI PROFESSIONAI. SERVICES - EDUCATION VILLAGE PROFESSIONAL. SERVICES FOODLAND I I/07 PROFESSIONAL. SERVICES 1,00111 AND FACADE CONSt 11 TING SERVICES - 01:08 pROFFSsIONA I. SERVICES - pLAYHOUSE,EORM FR LIBRARY PROFESSIONAI SERVICES - ECONOMIC IMPACT 11.07 PROFESSIONAL SERVICES - ('ORE'EAGLES 2] W 12TH STREET APPRAISAL FEES - 21 W 12TH STREET ANNUAL MEMBERSHIP DUES • 2008 EQUIPMENT RENTAL - 1640 E. PLA/A I(I vr) REIMBIIRSEMENT FOR FY 2005-2006 PROF ESSIONNI • SER VIC:ES - CLEVELAND PROFESSIONAI. SERVICES - ENI'ERI'RIZE ZONE PROFESSIONAL SERVICES - STREETSCAPE & FOLiNi FAIN PI ,AZA PROFESSIONAL SERVICES AQUATIC CENTER PROFESSIONAL SERVICES - NB STREETSCAPE 10,8-11/04:07 SUBSCRIPTION RENEWAL ACCI SI)10030 7.'1/07 - 6:30:08 LTILITIES • 2300 CLEVELAND AVE 1 I /23- 28;07 PROFESSIONAL SERVICES - CLEVELAND Oct 2004 EMPLOYEES' WORKERS ('OMPENSATION 1207 FAIR HOUSING SERVICES - 07.07 • 09.07 CELIA •LAR PHONE SERVICES - 102.1 • 11,23,07 TECHNICAL ASSISTANCE - IDIS SET Up PROFESSIONAL SERVICES - 12:16 - 31.07 SUBTOTAL - REDEVELOPMENT •ADI4LiviiriunitivtitiiVOLVINOTUNDi•ii-Ji•;;,- • • PAYROLL PPE 12/31/07 SI BTOTAL ADMIN/STRATIV RF.VOLV1NG FIND SEC:kohi • 11011SINti ASSISTANCE PAYMENTS RIZ.7.A DE1 A CUADRA NAN MCKAY AND ASSO4 'I ATFS INC VFRI7.ON WIRELESS STATE. COMPENSATION INSURANCE GMAC MOR I :AGE MANUAL PAYMENTS RE11511411RSEMENT OF OFFICE :it ;PPI .IES MASTERBOOK REVISION SERVICES CELLULAR PHONE SERVICES - 10.24 - 11/23,07 EMPLOYEES' WORKERS COMPENSATION 12:01 OFFICE SPACE RENTAL OL'Og SUBTOTAL - SECTION 8 Chk No Amount = Ii680 1 1,715.55 17681 35.00 17682 1,500.00 17683 1,281.00 17684 12,500.01 17685 3,080.00 17686 41./5 11687 180.00 1 :6815 220.00 17689 320.81 17690 560.00 17691 12.13 17692 5,447.50 17003 209.48 17694 1.243.7/ 13695 2,175.00 17696 4,241.50 17697 6,796.88 17698 7.232.50 17699 8,756.91 17700 5.500.00 17701 450.00 17702 350.00 17703 211 64 17704 5,000.00 17705 2,053.50 17706 5,127.50 17707 296,180.55 /108 570.00 17709 21,115.58 17710 11900 17711 276.99 17712 253.80 17711 879.41 1/714 2,080.16 17715 7,758 00 17716 317.00 17717 1,575.00 17718 3,0041.00 412,589.95 10424 10426 10428 10427 10425 S 67,970.47 $ 67,970.17 14.230.74 151 99 214 00 2/4 fig 422.79 3,809.70 S 19,103.90 TOTAL OF AI.I. Fl ;NOS: 499 664.32 • City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 5, 2008 38 AGENDA ITEM NO. /ITEM TITLE Investment Report for quarter ended December 31, 2007 PREPARED BY DEPARTMENT Jeanette Ladrido, CPA Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended December 31. 2007. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended December 31, 2007 l A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: Type of investment or description, Issuers (bank or institution), ;= Dollar amount, Interest rate, := Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Most funds have remained in LAIF to meet staff's cash flow objectives. Large sums of money must remain liquid to ensure that staff does not miss opportunities to purchase land or property within the project area. For the quarter ended December 31, 2007, LAIF's return was 4.96%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for approximately 26% of the CDC's portfolio. Federal Agency Securities account for approximately 9% of the investment portfolio. The average rate of return is 4.408% The CDC has 10% invested in Negotiable Certificates of Deposit. The average rate of return is 3.61%. The average monthly expenditures of the CDC is $889,635.00 To ensure compliance with Government Code Section 53646, the CDC must have $5,337,810.00 available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2007 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF 8,125,740.04 8,131,258.35 55.39% Federal Agency Securities 1,284,000.00 1,288,992.34 8.75% Deutsche Bank 3,797,893.12 3,797,893.12 25.89% Cash 1,189.32 1,189.32 0.01% Negotiable CD's 1,460,000.00 1,442,521.30 9.95% Totals for December 2007 14,668,822.48 14,661,854.43 100.00% Totals for September 2007 14,953,453.54 Change from Prior Quarter -284, 631.06 Negotiable CD's 9.95% Cash Deutsche Bank 25.89% Federal Agency Securities 8.75% LAIF 55.39% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 8,126, 929.36 0.00 781,000.00 5,760,893.12 14,668,822.48 55.40% 0.00% 5.32% 39.27% 100.00% Community Development Commission of National City Finance Department COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF DECEMBER 31, 2007 DESCRIPTION INTEREST.. BOOK. .MARKET.. ACCRUED - GAIN OR ..` '..%OF 1". MATURITY DATE RATE VALUE VALUE INTEREST (LOSS) PORTFOLIO LAIF LA IF I.00'AI. AGENCY INVESTMENT FUND $ 8,125,740.04 $ 8,131,258.35 $ 79,492.51 $ 5,518.31 SUBTOTAL LAIF $ 8,125,740.04 S 8.131,258.35 $ 79,492.51 S 5,N18.31 55.39% CERTIFICATE OF DEPOSITS- COMMUNITY DEVELOPMENT COMMI.SSIO? - CD ALLEGIANCE CMNT 133K SOUTH ORANGE $ 99.000.00 S 09/29/08 5.250% CD AMERICAN NATIONAL BANK 99,000.00 01 / 16/09 3.650% CD BANK OF OK I.AI!OMA 95,000 (10 04.' 16/09 3.200% CD IJRIDGIi\IEW B&TCO 97,000.00 05.'05 �09 3.850% CD CARROI. I MINTY TC' OF MO 95,000.00 06118'08 2.950% co COMMUNITY BANK OF RAVENSWOOD 97,000.00 04/14'09 3.5W% CD F(IRORANK 95,000.00 05/ 14/08 3.300% EVERBANK 97,000.00 04' 30,09 3.800% CD FARMERS B&T 99,000.00 05/09/08 3.450% ('D FIRS f INI ERNE I. l3K OF IN 95,000.00 01 '28' 10 4 150% ('D THE FIRST NB OF SIIELBY CD 99,000.00 06/ 18!U8 2.900% CD HILDSON INITFD BANK 100,000.00 05/13/08 3.500% CD MILLENNIUM BANK. NA 99,000.00 1 1.0'i!08 3.600% ('D PEACHIREE NATI. RANK 95,00000 10'31: 08 3.400% CD SOVEREIGN BANK 99,000.00 05,05/09 3.650'Y Cash Account Balance 1.189.32 99,142. 56 100.144% 97,614.00 98.600% 92,8'74 85 97.761% 95,551.79 98.507°' 94,102.2 5 99.055% 95,193.86 98 138% 94, 388.20 99.356% 95,503.29 98.457% 98,441 64 99.136°i° 93,413.50 98 330% 98,042.67 99.033% 99,430.00 99.430% 97,821.90 98.810 % 9..3.742.20 98.676% 97.258.59 98.241'70 1.189 32 $ 142.56 306.90 (1,386.00) (2.125.15) (1,448.21) 238.02 (897.75) (1,806.14) (61 1.80) (1,496.71) 29000 (558.36) 334.84 (1,586.50) 243.84 (957.33) (570.00) 302.72 (1,178.10) (1,257.80) 306.90 (1,74141) SCBTOTAI. CD - CDC $ 1,461,189.32 S 1,443,710.62 $ 2,023.22 S (17,478.70) 9.96% Page 1 of 2 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF DECEMBER 31, 2007 Ari DESCRIPTION INTEREST ROOK, MARKET ACCRUED GAIN'OR` % OE MATURITY DATE RATE, . .:.. VALUE VALUE • • , -INTEREST,: (LOSS)•: i . . PORTFOLIO FEDERAL AGENCY SECURITIES -CDC AGENCY FIILMC 95.000.00 94,833.73 316.67 (166.25) 09/03/10 4.000% 99 825% AGENCY FEDERAI. FARM CR 500,000.00 505,470 00 316.67 5,470.00 08/27/ 12 5.650% 101.094% AGENCY FEDEIL\L IIOMF LN 95.000.00 94,968.65 (31.35) 1 1 / 16109 4.000% 99.967% AGENCY FEDERAL 110ME LN 395,000.00 393000 00 09/13/1 1 4.800% 100.000%0 AGENCY FNMA 100.000.00 99,813.00 (187.00) 07/25'1I 4.000% 99.813% AGENCY FEDERAL. NAIL MTG 99,000.00 98,906 94 (93.06) 01/30/09 4.000% 99.906% SUBTOTAL FEDERAL. AGENCY SECURITIES - CDC S 1,284,000.00 $ 1.288,992_34 S 633.34 $ 4,992.34 8.75% CASH WITH FISCALAGFNT DEUTSCHE BANK 21)04'1AB REDEVELOPMENT FUND S 1,408,660.22 S 1.408.660.22 INVESIMENFTREASURY MONEY PIND 2005A TAR RESERVE. ACCOUNT 2,344,080.00 2,344,080.00 UBS FINANCE 100.003% 1.00 2005A TAB RESERVE ACCOUNT 28,771).73 28,270.73 INVESTMEN1' TREASI IRY MONEY FUND 1.00 2005A TAB COST OF ISSUANCE. FUND 2,334.23 2,334.23 INVESTMENT TREASURY MONEY FUND 1.00 2005R TAR RESERVE ACC'OUN'1' 9,627.43 9.627.43 INVESTMFN'13REASIJRY MONEY FUND 1.00 2005B'CAR COST OF ISSUANCE HIND 4,920.51 4,920.51 INVESTMENT 7REAS1TRY MONEY FIND 1.00 SUBTOTAL WITH CASH FISCAL AGENT $ 3,797,893.12 $ 3,797,893.12 $ - $ - 25.89% GRAND TOTAL $ 14,668,822.48 $ 14,661,854.43 $ 82,149.07 $ (6,968.05) 100.00% Page 2 of 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 39 1 ITEM TITLE An update on the Agreement with Economic & Planning Systems Inc. related to a feasibility study for an industrial park west of Interstate 5. PREPARED BY Patricia Beard Redevelopment Manager (4255) DEPARTMENT Redevelopment Division EXPLANATION On June 19, 2007 the CDC and Economic & Planning Systems, Inc ("EPS") entered into an Agreement to study the feasibility of an industrial park west of 1-5 for the purpose of possible relocation of potential non -conforming uses in the Westside Specific Planning area. For its first task, EPS, per the Agreement, prepared and presented an analysis of the feasibility of the Westside Specific Plan, which was presented at a City Council Workshop on October 31, 2007. Subsequent to the workshop, staff engaged in internal discussions about the most effective way to move forward on the Westside Planning project, causing EPS to be unable to rapidly complete the remainder of their Agreement scope. The Executive Director intends to extend the deadline for the study until June 30, 2008 following this update to the Board. The proposed Amendment will also allow minor changes to how deliverables are presented so that a more useable final report can be received. Environmental Review Not applicable. Financial Statement This Agreement is for $184,390. Neither the cost nor scope of the Agreement will be changed by the proposed Amendment. Account No 9 STAFF RECOMMENDATION Accept and file BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS t. Proposed Agreement with Economic & Planning Systems Resolution No. ATTACHMENT 1 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND ECONOMIC AND PLANNING SYSTEMS INC. This Amendment to Agreement is made and entered into this day of February, 2008 by and between the COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ("CDC"), and ECONOMIC AND PLANNING SYSTEMS, INC. ("CONTRACTOR"). WHEREAS, as the result of a competitive REQUEST FOR PROPOSALS process, on June 19, 2007 the CDC and CONTRACTOR entered into an AGREEMENT (the "Agreement") for economic analysis of the proposed Westside Specific Plan and a feasibility study of an industrial park to he located west of Interstate 5 in the National City Harbor Districtas further defined in Exhibit "A" of said Agreement; and WHEREAS, the CDC desires to allow greater flexibility in the deliverables required by the industrial park feasibility study; and WHEREAS, the CDC desires to extend the length of time for the project until June 30, 2008; and; WHEREAS, the total budget of the industrial park study will remain as originally stated in Exhibit "A" of the Agreement; NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE TO AMEND TO SCOPE OF SERVICES OF THE AGREEMENT AS FOLLOWS: To amend the AGREEMENT so deliverables identified in Exhibit A may he reconfigured or redefined as best suits the project and with the advanced approval of the Project Coordinator as long as the complete Scope agreed upon is completed; To amend the AGREEMENT to extend the term until June 30. 2008. With the foregoing exception, each and every provision of the AGREEMENT entered into on June 19, 2007 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on February , 2008. COMMUNITY DEVELOPMENT ECONOMIC & PLANNING SYSTEMS COMMISSION OF TIDE CITY OF INC (Two signatures required) NATIONAL CITY By: Brad Raulston Executive Director APPROVED AS To NORM: George H. Eiser, III Legal Counsel By: David Zehnder Managing Principal I;y: -�- T i Youmans Managing Principal COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE February 5, 2008 AGENDA ITEM NO 40 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2007-2008 MID -YEAR BUDGET CHANGES 41111 ,/ PREPARED BY Jeanette La,� ido, CPA DEPARTMENT Finance Finance Director 336-4331 EXPLANATION In June 2007, the CDC adopted a budget for FY 2007-2008. As in each budget year, staff must make revisions to the original budget due to changes in the economy, operating needs, laws and regulations, etc. As part of the mid -year review, the Finance Director projected the CDC's revenues and expenditures to what it could be at June 30, 2008. The Finance Director and Financial Services Officer met with each department, discussed the financial projections and took into consideration their needs to adjust their departmental budget. The Finance Director summarized the revisions and brought them forward to the City Manager's Office for final approval. Attached is the summary of the changes to the FY 2007-2008 budget for CDC review and approval. Environmental Review Financial Statement Any mid -year changes approved by the City Council will amend the FY 2007-2008 Budget accordingly. Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Summary of FY 2007-2008 Mid -Year Budget Changes A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2007-2008 MID -YEAR BUDGET CHANGES WHEREAS, in June 2007, the Community Development Commission of the City of National City ("CDC") adopted a budget for FY 2007-2008 that was modeled on the FY 2006- 2007 budget with minor modifications; and WHEREAS, due to changes in the economy, operating needs, laws and regulations, adjustments to revenue and expenditure budgets would be made at mid -year review; and WHEREAS, the Finance Director and Financial Services Officer met with CDC departments, discussed financial projections and departmental budgetary needs, and forwarded recommendations to the City Manager; and WHEREAS, the City Manager has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves and adopts the FY 2007-2008 mid- year budget changes, attached hereto as Exhibit "A". PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel EXHIBIT "A" MID -YEAR BUDGET ADJUSTMENTS FY 2007-2008 Account Amount Description COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Redevelopment 360-00000-3498 TOTAL CDC REVENUE Debt Service 261-461-000-210-0002 261-461-000-210-0003 261 461-000-210-0004 261-461-000-210-0005 261-461 000 210-0006 261-461-000-210-0007 261-461-000-210-0008 261-461 000 21 0-0009 Total Debt Service Administration 360-461-000-101-0000 360-461-000-210 0004 360-461-000-299-0000 Total Administration Total Tax Increment Funding Redevelopment 362-460-000-210-0000 Total Low & Moderate Income Housing 100,000 REVENUE 200,000 EPA Grant awarded for 7/30/07 11/30/10 200,000 200,000 EXPENDITURES AB1290Tax Sharing Payments for the Harbor District (Per Health & Safety Code) 40,000 County of SD 3,400 Office of Education 7,600 Southwestern College 34,100 City of National City 46,100 National City Elementary 28,200 Sweetwater Union High School District 700 CWA City of National Ctty 750 MWD D/S Remainder of SDCWA 160,850 28,000 Grant Accountant Contract Assistance 56,525 City of National City 55,000 CDC/City Merge. of Financial Data and Finance Re -organization 139,525 300,375 TOTAL CDC EXENDITURES 100,000 Christmas in July 400,375 9:00am Department Head Meeting (tbd) 10:30am League of CA Oties Executive Committee Meeting (Four Points Sheraton Hotel, 8110 Aero Drive, San Dieg 4. with Chris, Leslie and Brad (CMO) 112:00pm Hold for possible Brown Bag Lunch 6:0opm.Oty Council Meeting (Council Chambers) 1� 10:00am Standing meeting -J 2008 League Gty Manager's Dept. Meeting Conference_Hilton La Jolla, Torrey Pines) 9:00arn Department Head 6:30pnliNeighborhood • Meeting (tbd) 6:30pm`Northside (Bayside & El Pueblo) MU( Community Center - South Room (MLK - 5 Council - Granger (Granger Jr. High -Library - 2020 Van Ness Avenue) 12 City updates and how 9:00am Board of Port Commissioners 10:00am Standing meeting with Chris, Leslie and 8:00am Speak to Chamber 2:OOpm!Wayne Hann, Eugene `L';:6 30'pswEastside (El Toyon, Board Meeting re. Constellation Propert Summercrest) (El 18r 10:00am 10:00am 12:00pm 6:00pm 9:00am Dept. Head Meeting 10:O0am (Large Conf. Room) 12:00pm Mayor/Manager's Lunch (Coronado) 19 Rescheduled Standing Meeting Standing meeting with Chris, Leslie and Brown Bag Lunch (Public Works Lunch City Council Meeting Standing meeting —7 with Chris, Leslie and I Brad (CMO) Marchese - Manchester and 6:01)prnState of the County Address - Chairman 6:30pm Neighborhood Council - (Centra, 2 I, 9:00am Department Head Meeting (Large Conf. I Room) 4:00prwOngoing Monthly meetings with Dukie • &;30prR:Olivewoad & Sweetwater Toyon Recreation Center -2005 E. 4th St.) 9;:30ani Neighborhood Council Meeting - Civic Center - (MLK ^' 2: '9:0041'1•1...ITS Meeting (1255 3:110pm'Sheryl Scully (San Imperial Ave., SD 1 Antonio TX) 3100pm:Monthly POA meeting -i (CMO) 6'DQprR MABPA Reception 1 (TBD) -, 30pmiNeighborhood 10:00arn:Opening Ceremony • for Harbor View Project _6:30prrrNeighborhood Council - Sweetwater Heights (7th Day Adventist Church - 37 ,3 00prit Monthly MEA meeting•,l: flOarn'PRAB Public (CMO) Workshop re. Skate I' :.6:0prn Old Town I park (MLK) Neighborhood Council Meeting (Casa de Salud - 1408 Harding Av Chris Zapata 3 =r `f0 16 23 24 1/28/2008 9:55 AM December 2007 December 2007 S M T W T F S January 2008 S M W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 13 16 17 18 19 20 21 22 20 23 24 25 26 27 28 29 27 30 31 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 l9 21 22 23 24 25 26 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun I I I December 1 I 1 + I j 7 9:30arn Neighborhood 1 More Items... I r I 31 4 5 -i- -- — — 8 8:00am 7n77"7"7"77777 1:00pm Re. Benefit changes for the coming year (CMO) 1:30pm Re. Finalizing the organizational 1 7:30am So. Co. Economic 110:O0am Standing meeting plan 11:00am Prim One Insurance 111:30am ULI -Lunch - I 3:30pm Eugene and Wayne str I More Items... 10 11 9:00am Department Head Meeting (tbd) 9:00am Richard Garcia 12:00pm Rhonda Brown 6:00pm Historical Society • 6:30pm Northside (Bayside & 12 8:30am Spanish Class (Large 1 City Hail aosed 1 7:0Oam Christmas In July 1 6:00pm NCPOA Christmas 111 11:00am CCMA Meeting 10:00am TOUR FOR VANESSA 1:30pm David Garcia (After BARON (CITY HALL) 3:00pm Meet with Stacey re. 4:00pm RE: Proposed ]PA .More Items... 1 13 14~ r- .-- ---- .— ----9 ---- 15 9:00am Department Head 9:00am Updated: Department 10:00am Big Check Ceremony 10:00am Meeting with Benefits 10:30am League of CA Cities 3:30pm HDL Property Tax !Hold for L.A. Shopping Center Jog 8:00am Hold for L.A. 1 Shopping Center (per 111:OOam Meet with Brad, Pat I and Gary & Jerry Tri 1 5:00pm On -going monthly 6:30pm Neighborhood 8:30am Spanish pass (Large L Hall Closed j 21 7:00pm Holiday Movie Night MLK -- -- --- --•— --- ---- — I 16 1 8:00am ICSC SoCal Alliance I Program (USC-Galen I 9:00am Board of Port 10:00am Standing meeting 1 12:00pm Lunch with the Port —. ___City _ 9:00am MTS Board Meeting 1 2:00pm Don's Farwell (Large 1 2:30pm Meet with Wolf Bielas I 4.00pm Annual Christmas .. More Items... i _ I I 22 1 4 18 19 201 8:30am FW: SD Fali CRA 1 8:30am Employee Roundtable (Holiday 10:00am Standing meeting 9:00am Sexual Harassment 11:00am Re: Nutrition Center 12:O0pm 11:30am Misfits Luncheon - 5:00pm Meet with I 1:00pm Dan Evers - 6:00pm Planning Commission I More Items... I 7:30am Chamber Membership 9:00am Department Head 12:00pm Lunch Ditas at the I 1:30pm Meeting with Martha 1 4:00pm Ongoing Monthly More Items... 26 8:00arn drive timeCity Hall Closed 6:00pm Annual Morgan 1 Square Christmas L 8:30am Meet Robert McGill 8:30am Spanish Class (Large 10:00am Meeting with Library 1 11:00am Prostitution and 1 More Items... 27 _1 2 L_ 23 1 29 24 25 9:00am Dept. Head Meeting (Large Conf. Room) i-10:00am Standing meeting ii with Chris, Leslie and 1 Brad (CMO) 1 10:00am Meet with Rosie Gutierrez re. Exec. 3:00pm Alfonso Reynoso (619) 805-5610 re: 4:00pm Interview with 6:30pm Neighborhood 8:30am Spanish Class (Large F City Hall Closed 1___ Conf Room) 3:00pm Monthly MEA meeting I (CMO) 1 6:30pm Old Town 1 Neighborhood 1 — — -- --- — - — -- 30 — — — — — — 31{ I —t Chris Off----- _1 _ I I I I I I I i 1 Chris Zapata 1/28/2008 9:55 AM City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 41 l ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ` NATIONAL CITY APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH RICK ENGINEERING COMPANY TO PROVIDE ADDITIONAL SERVICES RELATED TO BAY MARINA DRIVE IMPROVEMENTS FOR AN AMOUNT OF $7,500 PREPARED BY Colby Young Project Manager (Ext. 7) EXPLANATION Rick Engineering Company is the primary engineer for all work related to the Bay Manna Drive improvements and the design of the Marina Gateway Hotel. Rick Engineering has been working closely with Caltrans to obtain all permits necessary to complete the Bay Marina Drive improvements and the Marina Gateway Hotel. Rick Engineering Company has an extensive knowledge of the project history and requirements for both aforementioned projects. DEPARTMENT N e* Redevelopment The decertification process could take approximately one year to complete but will likely be shorter (Meeting Notes, Attachment 1). Rick Engineering has agreed to complete all documents required by Caltrans for the decertification process. Rick Engineering's fee for completing the decertification process is $7,500 (Contract Addendum, Attachment 2) Environmental Review v' N/A Financial Statement Authorized contingency amount is $44,850. Total amount after approval of Amendment is $52,350. Approved By: Finance Director Account No. 900821 STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Rick Engineering & Caltrans Meeting Notes 2. Rick Engineering Contract addendum 3. Agreement A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT WITH RICK ENGINEERING COMPANY TO PROVIDE ADDITIONAL SERVICES RELATED TO BAY MARINA DRIVE IMPROVEMENTS FOR AN AMOUNT OF $7,500 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan, including the improvements to Bay Marina Drive; and WHEREAS, on March 6, 2007, the City Council adopted Resolution No. 2007- 38, which approved an agreement with Rick Engineering Company for engineering services related to improvements to Bay Marina Drive; and WHEREAS, it has been determined that Caltrans right-of-way extends westerly on Bay Marina Drive, which denies access rights to the proposed driveway to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, to meet the deadline of the hotel grand opening, a decertification of the State right-of-way is required by Caltrans to gain access to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, additional engineering services will be required to create decertification documents and exhibits to reopen approximately 45 feet of access controlled right-of-way adjacent to the main hotel driveway on Bay Marina Drive; and WHEREAS, the cost for fees and services for Rick Engineerig to complete the decertification documents and exhibits is $7,500; and WHEREAS, the authorized contingency amount of $44,850 with Rick Engineering Company will be surpassed, bringing total amount for services rendered to $52,350. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the First Amendment to Agreement with Rick Engineering Company to create decertification documents and exhibits for decertification of Caltrans right-of-way on Bay Marina Drive in the amount of $7,500. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III, Legal Counsel Attachment 1 RICK ENGINEERING COMPANY Telephone ConversationNoice Mail Message/Conference Report Project: Bay Marina Drive Widening Job No. To: Company: From: Company: Date: 01/09/08 Time: 9:00 am Phone No. ❑ Telephone Conversation Report ❑ Voice Mail Message 12861-L ❑ Incoming ® Conference Report ❑ Outgoing Subjcct: Existing Caltrans Right -of -Way at Proposed Hotel Driveway Those Present: John Goddard, Joe Hammond, Reiggie Marientes of Rick Engineering Company; Carmen Irene, Victor Diaz, Peter Pfander, John Grisafi, Khalil Ashtari, Chris Thomas and Fred Birchmore of Caltrans; also two additional Caltrans employees — names unknown Discussion: • After review and discussion, the existing Caltrans right-of-way in the location of the proposed hotel driveway, which aligns with Cleveland Avenue, has denied access rights. Therefore, a decertification of por'-'fion ofThe exist Ii ngbt-of-way will be needed. Itel'ocating the propos'a driveway is the only way to avoid the decertification process. • The decertification process could take approximately one year to complete. The decertification process may possibly be completed in less than the one year, as mentioned, due to the completion of two major Caltrans projects in the district. Prior to Caltrans beginning the decertification process, a deposit of $30,000 will be required. This will be used towards the appraisal and processing efforts. Based on the property appraisal, Caltrans will provide a property purchase price to the applicant. The following will be considered in the appraisal: pre- and post - construction property value, length of existing right-of-way to be decertified, and alternate access routes other than access route where decertification is to take place, if feasible. Please note that this purchase price is not part of the initial $30,000 deposit. There is also the possibility that a decertification may be denied. It takes approximately six months to receive an appraisal from Caltrans. • Chris Thomas, from Caltrans Design Department came up with a revised proposed Caltrans right-of-way alignment at the proposed hotel driveway if decertification is the route taken. TIA Attachment 1 RICK ENGINEERING COMPANY Telephone ConversationNolce Mail Message/Conference Report • Peter Pfander would like to set up a meeting with the Registered Land Surveyor who will be preparing the plats and Iegals for the decertification submittal package. He will provide a recent example of a decertification submittal package. • Per Caltrans, Rick Engineering Company can still re -submit plans to Caltrans, for the encroachment permit addressing all issues that do not pertain to the right-of-way issue. • Dedication and donation of property was discussed. Per John Grisafi, a dedication is a lengthy process when compared to a donation. He recommends donation but It is not something that Caltrans is supposed to persuade the applicant to do. It's the choice of the applicant to decide. There is also no cost advantage between the two. Notes: Action: Colby and Maryam, it is our recommendation to meet as soon as possible with you to discuss how you want us to proceed with the this issue. In order to proceed with the decertification process, we will need additional funds. This issue impacts timing of the encroachment permit. We have not discussed this issue with Ivar Leetma as of yet. Therefore, we suggest a meeting with all parties. ❑ . Send to Contact cc: Atta‘.l,We:i{t 2 RICK ENGINEERING COMPANY Contract Addendum Rick Engineering Company Job No. 12861-L January 23, 2008 Addendum No. 2 Page 1 of 1 Ms. Patricia Beard Community Development Commission of National City 1243 National City Boulevard National City, California 91950 JOB DESCRIPTION: BAY MARINA DRIVE WIDENING By signing below as indicated, Rick Engineering Company is authorized to expend an additional $7,500.00, bringing the total amount authorized as of this date to $52,350.00 to perform work in conjunction with our contract dated March 6, 2007. Additional Scope of Work: Mapping Services 1. Prepare and process through Caltrans, decertification documents and exhibits to re -open approximately 45 feet of access controlled right-of-way adjacent to the main driveway to the hotel site. The documents are to include: (a) a plat and legal description of the existing Caltrans right- of-way; (b) a three -sheet exhibit showing entire hotel parcel, where the decertification is to take place and the proposed driveways to the future hotel site; and (c) a three -sheet exhibit for the California Transportation Commission. 2. Prepare Caltrans right-of-way donation documents to include: a plat, legal description and traverses of the existing Community Development Commission property. 3. Prepare an exhibit for Caltrans to revise the limits of access control along the northeasterly curb return at Cleveland Avenue and Bay Marina Drive in order to accommodate a proposed public sidewalk. Mapping Services It e: $ 7,500.00 All other provisions o e original contract are to remain unchanged. Authorized RICK E Signature Approved o D. Go.. ard, Jr. Date: January 23, 2008 Title: Associate Principal Date: Signature:_ Title: Please sign and return a copy to RICK ENGINEERING COMPANY JDG:RVM:sr.K:lob Files \1286I'L\Addenda\Add 2 3 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This First Amendment to Agreement is entered into on February 5, 2008, by and between the Community Development Commission of the City of National City, a community development commission, and Rick Engineering Company. RECITALS WHEREAS, on March 6, 2007, the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and RICK ENGINEERING COMPANY (the "CONTRACTOR") entered into an AGREEMENT (the "AGREEMENT") for engineering services related to improvements on Bay Marina Drive and any additional "as -needed" engineering services. WHEREAS, the CONTRACTOR has performed services for the CDC related to Bay Marina Drive improvements and Marina gateway Hotel project; and WHEREAS, Caltrans right-of-way extends westerly on Bay Marina Drive and denies access to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, to meet the deadline for the hotel grand opening, a decertification of Caltrans right-of-way is necessary to gain access rights to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, additional engineering services will be required to create decertification documents and exhibits to reopen approximately 45 feet of access controlled right-of-way adjacent to the main hotel/driveway on Bay Marina Drive; and WHEREAS, the cost for fees and services for the CONTRACTOR to complete the decertification documents and exhibits is $7,500; and WHEREAS, the authorized contingency amount of $44,850 with the CONTRACTOR will be surpassed, bringing total amount for services rendered to $52,350. NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: That the AGREEMENT is hereby amended to increase the CONTRACTOR'S authorized not -to -exceed amount by $7,500 to pay for fees and services necessary to complete the Caltrans decertification process. The CDC and the CONTRACTOR acknowledge and agree that time is of the essence in the completion of this work by the CONTRACTOR. With the foregoing exception, all other provisions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY RICK ENGINEERING COMPANY (Corporation — signature of two corporate officers) (Partnership — one signature) (Sole Proprietorship — one signature) By: Ron Morrison, Chairman (Name) APPROVED AS TO FORM: (Title) George H. Eiser, III, By: CDC/City Attorney (Name) (Title) City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 5, 2008 AGENDA ITEM NO. 42 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROPRIATING $30,000 TO PAY DEPOSIT REQUIRED BY CALTRANS FOR STATE RIGHT-OF-WAY DECERTIFICATION ON BAY MARINA DRIVE PREPARED BY DEPARTMENT Colby Young Redevelopment Project Manager (Ext. 4297) EXPLANATION Rick Engineering Company has been the primary engineer for all work related the Bay Marina Drive improvements and the design of the Marina Gateway Hotel. Rick Engineering has been working closely with Caltrans to obtain all permits necessary to complete the Bay Marina Drive improvements for the Marina Gateway Hotel opening. Rick Engineering Company met with Caltrans on January 9, 2008 (Meeting Notes, Attachment 1) and learned state right-of-way denies access rights to the Marina gateway Hotel site from Bay Marina Drive. It was determined that right-of-way decertification is the fastest way to gain access rights to the Marina Gateway Hotel site from Bay Marina Drive, with a process time of approximately one year. Decertification of state right-of-way is the only way to gain necessary access rights to the Marina Gateway Hotel from Bay Marina Drive by the date of the grand opening. Caltrans right-of-way decertification requires a $30,000 deposit to pay for an appraisal and processing efforts to complete the decertification process. Environmental Review _ N/A Financial Statement $30,000 from Tax Increment Approved By: Finance Director Account No. 900821 STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Meeting Notes with Caltrans A-200 (9/99) RESOLUTION NO. 2008 -- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROPRIATING $30,000 TO PAY DEPOSIT REQUIRED BY CALTRANS FOR STATE RIGHT-OF-WAY DECERTIFICATION ON BAY MARINA DRIVE WHEREAS, the state right-of-way extends westerly on Bay Marina Drive and denies access rights to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, a decertification of Caltrans right-of-way is necessary to gain access rights to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, State right-of-way decertification requires a $30,000 deposit to pay for an appraisal and processing efforts to complete the decertification process; and WHEREAS, the Community Development Commission of the City of National City's contracted engineering firm, Rick Engineering, met with Caltrans on January 9, 2008, and determined Caltrans' right-of-way decertification takes approximately one year to complete and is the fastest option to gain access rights to the Marina Gateway Hotel from Bay Marina Drive; and WHEREAS, time is of the essence to provide access to Marina gateway Hotel before opening for business. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby appropriates $30,000 to pay deposit required by Caltrans for State right-of-way decertification on Bay Marina Drive. PASSED and ADOPTED this 5th day of February, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Att2chment 1 RICK ENGINEERING COMPANY Telephone Conversation/Voice Mail Message/Conference Report Project: Bay Marina Drive Widening Job No. To: Company: From: Company: Date: 01 /09/08 Time: 9:00 am Phone No. ❑ Telephone Conversation Report ❑ Voice Mail Message 12861-I. ❑ Incoming ® Conference Report ❑ Outgoing Subject: Existing Caltrans Right -of -Way at Proposed Hotel Driveway Those Present: John Goddard, Joe Hammond, Reiggie Marientes of Rick Engineering Company; Carmen Irene, Victor Diaz, Peter Pfander, John Grisafi, Khalil Ashtari, Chris Thomas and Fred Birchmore of Caltrans; also two additional Caltrans employees — names unknown Discussion: • After review and discussion, the existing Caltrans right-of-way in the location of the proposed hotel driveway, which aligns with Cleveland Avenue, has denied access rights. Therefore, a decertifiratitfli"bfa"jioitltan of �fhc ezi iiig right-of-way will be needed. Relocating he propose[ driveway is the only way to avoid the decertification process. • 'The decertification process could take approximately one year to complete. The decertification process may possibly be completed in less than the one year, as mentioned, due to the completion of two major Caltrans projects in the district. Prior to Caltrans beginning the decertification process, a deposit of $30,000 will be required. This will be used towards the appraisal and processing efforts. Based on the property appraisal, Caltrans will provide a property purchase price to the applicant. The following will be considered in the appraisal: pre- and post - construction property value, length of existing right-of-way to be decertified, and alternate access routes other than access route where decertification is to take place, if feasible. Please note that this purchase price is not part of the initial $30,000 deposit. There is also the possibility that a decertification may be denied. It takes approximately six months to receive an appraisal from Caltrans. • Chris Thomas, from Caltrans Design Department came up with a revised proposed Caltrans right-of-way alignment at the proposed hotel driveway if decertification is the route taken. Attachmer:t 1 RICK bNGINEERING COMPANY 1N Telephone ConversationNoice Mall MessagelConference Report • Peter Pfander would like to set up a meeting with the Registered Land Surveyor who will be preparing the plats and legais for the decertification submittal package. Ile will provide a recent example of a decertification submittal package. • Per Caltrans, Rick Engineering Company can still re -submit plans to Caltrans, for the encroachment permit addressing all issues that do not pertain to the right-of-way issue. • .Dedication and donation of property was discussed. Per John Grisafi, a dedication is a lengthy process when compared to a donation. Ile recommends donation but it is not something that Caltrans is supposed to persuade the applicant to do. It's the choice of the applicant to decide. There is also no cost advantage between the two. Notes: Action: Colby and Maryam, it is our recommendation to meet as soon as possible with you to discuss how you want us to proceed with the this issue. In order to proceed with the decertification process, we will need additional funds. This issue impacts tuning of the encroachment permit. We have not discussed this issue with Ivar Leetma as of yet. Therefore, we suggest a meeting with all parties. ❑ Send to Contact cc: City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 43 MEETING DATE February 5, 2008 AGENDA ITEM NO. ITEM TITLE An Owner Participation presentation for A-1 Alloys at 724 Civic Center Drive, with request for City Council direction. PREPARED BY ( p Patricia Beard 4255 Redevelopment Manager DEPARTMENT Redevelopment Division/ EXPLANATION On March 6, 2007, the CDC authorized staff to commence an Owner Participation ("OP") process with the property owner of APN# 559-024-06, 724 Civic Center Drive for redevelopment of a key gateway into the City. This staff report and presentation being provided are results of that process. The attached Background Report will explain the OP process as it has been conducted regarding this property and provide preliminary staff comments about the proposal. Also, Mr. Robin Franklin, Profession Building Designer, and Mr. Jerald Williams, property owner and proprietor of A-1 Alloys housed on the site, will present the project and answer any questions the City Council may have. The redevelopment of this property is responsive to Strategic Plan Objective 9b — Draw Attention to Important Gateways and Intersections. Staff is seeking direction to: 1. Continue working to refine and develop the project concept presented tonight; or 2. Seek an alternative redevelopment scenario for this gateway site. (Please see attached background report.) Environmental Review Not applicable. Financial Statement There is no cost associated with this presentation. STAFF RECOMMENDATION Not applicable. Staff is seeking direction. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS I. Background Report 2. Locator Map 3. Plot Plan 4. Elevations Resolution No. 1 A'ITACIIMEN'T 1 BACKGROUND REPORT Prior to considering a development agreement for a project in which the Redevelopment Agency (for National City — the CDC) may participate on private property not owned by the prospective developer or CDC, an Owner Participation process must be conducted in accordance with state law and the local Redevelopment Plan. The Owner Participation process is designed to inform property owners about projects and properties the CDC is considering for redevelopment and offer them an opportunity to submit a development proposal for consideration. Conducting the process does not pre -commit the CDC to approving any project, entering a development agreement or assisting a project in any way. On March 6, 2007, the CDC authorized staff to issue Owner Participation letters, the first step in the process, to a variety of property owners on North Cleveland Avenue. Among those was the property at Civic Center Drive, Cleveland Avenue and Interstate 5 (724 Civic Center Drive) housing A-1 Alloys recycling center. Mr. Jerald Williams owns the property and has operated A-1 Alloys since 1994. During the months from May — November, 2007, staff, Mr. Williams and his consultants exchanged letters and questions until a proposal of sufficient completeness was received for City CounciVCDC presentation. Staff conducted cursory reviews of the proposal during December and January. The proposal is to demolish and construct a new 16,092 square foot two-story building and continue the recycling operation at this location Staff made the following comments about the project: 1. The Project is allowable in the MM-CZ zone 2. Parking as shown does not meet minimum National City requirements 3. Circulation within the project is poor and/or inadequate 4. Architecture and design meet National City requirements 5. Landscaping looks adequate, pending details of the final design 6. Practicality of the lay -out is a concern if customers must park in back of the building and carry the recyclables to the front 7. The traffic engineer has no major concerns and a full traffic study would not be required for the project 8. A driveway shown as within the approach area to the Interstate 5 ramp should not be used or at most be used as right in, right out ingress and egress only 9. The primary concern is of policy — is this the type of use the City Council desires to see at this gateway location. ATTACHMENT 2 CEn;ER AOS/ cssrnric APIOYY—' gt iY � rTY• nw 4YL0J.aN�Y 4V PAP, C•t .. ,\ "/— .mP.KPL AY' tA\ . J`tenc I �\ ,l, • `\, t\�\, ai5 , \ 9� \\ 1 t- �6 till [X.V/N' co,C. 44nC DFiV� C °CRT tV ,r • �, �,rI\y/ \1f,011C0PPG !T,jTYRE�IVA.9T]ANOBOCb.AAL B\`a�n6 \ SPIVS/4E4MO1 ,',1•1 A-1 ALLOYS 724 CIVIC CENTER DRIVE NATIONAL CITY b .�,0�'` V\ \ w 4„rv,9✓ hp VICINITY MAP PLOT PLAN LEGAL DESCRIPTION • a . yV, 4..1' -o:y-a • ....sr •f, aa.t r 7 sYe Gayr �ne....Z airy sire h TES • *OW F.. +rY•u....w. ..__Y.rlW. • Crs=11.uwISM.r Y. kw, •. I.N••r••• Y Y.wn••••••••W..,. u. u.. !� ,..A..... M,••••••.WMiL:YyK�,lrR ....We. .. We.� W.r...�w.,w •• r•.,..ww.r..r... r. .... `•m.o....`...ea. ..7•••••.• .. u+w... M Mn., n....••nI..urw.... .r M.s....Yr In. ...M or.*• • V.. Y r..... Inw••,,sn...r u...Now. 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