Loading...
HomeMy WebLinkAbout2008 02-19 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 19, 2008 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to he 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. ROIL 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 lohby at the beginning of the meetings. Audio interpretacien en espanol se proporciona durante sesiones del Consejo Municipal. Los audiefonos estan disponibles en el pasillo al principio de la junta. is Council Requests That All CeII 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.ci.national-city.ca CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 2 PRESENTATIONS 1. February Employee of the Month — Monica O'Hara, Librarian 2. Water Conservation Presentation — Dennis Bostad, General Manager, Sweetwater Authority 3. American Legion Award — Commander Patrick DeBaca INTERVIEWS/APPOINTMENTS 4. City Council: Heartland Communications Metropolitan Transit System San Diego County Water Authority 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. 5. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of February 5, 2008. (City Clerk) 6. 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) 7. Resolution of the City Council of the City of National City approving the application for grant funds in the amount of $112,000 for the Office of Traffic Safety grant for the purpose of flashing beacons, vehicle speed feedback signs, and a GIS-based traffic collision records system. (Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Jeff Katz Architecture in the amount of $95,000 in order to provide the City with architectural services for the City remodeling and renovation of parks facilities project. (Engineering) 9. Resolution of the City Council of the City of National City approving a new stationery design as part of the City's branding program. (Economic Development Division) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease agreement with the San Diego Repertory Theatre to lease space in the former Library building for rehearsal space and a property shop, and to facilitate programming for a future Arts Center at the site. (Community Services) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for termination of the special contract between the Regional Solid Waste Association and the City of National City, and rescinding Resolution No. 97-118. (City Attorney) 12. Resolution of the City Council of the City of National City authorizing the Acting Building & Safety Director to submit a grant application worth $95,000 for the Waste Tire Enforcement Grant to the California Integrated Waste Management Board for Fiscal Year 2007/08. (Building & Safety) 13. Warrant Register #29 for the period of 01/09/09 through 01/15/08 in the amount of $1,341,595.04. (Finance) 14. Warrant Register #30 for the period of 01/16/08 through 01/22/08 in the amount of $117,664.96. (Finance) 15. Resolution of the City Council of the City of National City amending City Council Policy No. 203 pertaining to the City of National City Investment Policy. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 4 PUBLIC HEARINGS 16. Continued Public Hearing — Time Extension Request — Tentative Subdivision Map to divide a 12,750 square -foot property on the east side of C Avenue, between 8th and 9th Streets, into eight residential lots with a Conditional Use Permit for one of the lots to have an accessory living unit. (Applicants: Alfonso Reynoso, Adolfo Gallegos, and Edgar Herrera) (Case File No. S-2004-6/CUP-2004-18) (Planning) 17. Public Hearing — Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets. (Applicant: Baldock Holdings) (Case File No. 2008-02 T.E.) (Planning) 18. Public Hearing and Proposed Finding of No Significant Environmental Effect for a proposed subdivision map and Conditional Use Permit for 16 detached homes with an exception for Tess than required setbacks and building separation on an approximately 1.5 acre site north of the intersection of Kimball Way, F Avenue and E. 14th Street. (Applicant: Bitterfin Development Corp.) (Case File No. 2007-37 S, CUP) (Planning) 19. Public Hearing - An Ordinance of the City Council of the City of National City adopting the Califomia Fire Code, 2007 Edition and the International Fire Code, 2006 Edition, and amending Chapter 15.28 of Title 15 of the National City Municipal Code. (Building & Safety) 20. Public Hearing - An Ordinance of the City Council of the City of National City adopting the California Energy Code, 2007 Edition, and amending Chapter 15.75 of Title 15 of the National City Municipal Code. (Building & Safety) 21. Public Hearing - An Ordinance of the City Council of the City of National City adopting the California Electrical Code, 2007 Edition and National Electrical Code, 2005 Edition, and amending Chapter 15.24 of Title 15 of the National City Municipal Code. (Building & Safety) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 5 PUBLIC HEARINGS 22. Public Hearing - An Ordinance of the City Council of the City of National City adopting the California Building Code, 2007 Editions, International Building Code, 2006 Edition, and amending Chapter 15.08 of Title 15 of the National City Municipal Code. (Building & Safety) 23. Public Hearing - An Ordinance of the City Council of the City of National City adopting the California Plumbing Code 2007 Edition and Uniform Plumbing Code, 2006, Edition, and amending Chapter 15.20 of Title 15 of the National City Municipal Code. (Building & Safety) 24. Public Hearing - An Ordinance of the City Council of the City of National City adopting the California Mechanical Code, 2007 Edition and Uniform Mechanical, 2006 Edition, and amending Chapter 15.14 of Title 15 of the National City Municipal Code. (Building & Safety) 25. Public Hearing - 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. (Engineering) ORDINANCE FOR INTRODUCTION 26. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by adding Chapter 15.80 pertaining to construction and demolition debris. (Building & Safety/City Attorney/Consultant) ORDINANCES FOR ADOPTION 27. An Ordinance of the City Council of the City of National City adopting the California Building Code, 2007 Editions, International Building Code, 2006 Edition, and amending Chapter 15.08 of Title 15 of the National City Municipal Code. (Building & Safety) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 6 ORDINANCES FOR ADOPTION (Cont.) 28. An Ordinance of the City Council of the City of National City adopting the California Electrical Code, 2007 Edition and National Electrical Code, 2005 Edition, and amending Chapter 15.24 of Title 15 of the National City Municipal Code. (Building & Safety) 29. An Ordinance of the City Council of the City of National City adopting the California Energy Code, 2007 Edition, and amending Chapter 15.75 of Title 15 of the National City Municipal Code. (Building & Safety) 30. An Ordinance of the City Council of the City of National City adopting the California Fire Code, 2007 Edition and the international Fire Code, 2006 Edition, and amending Chapter 15.28 of Title 15 of the National City Municipal Code. (Building & Safety) 31. An Ordinance of the City Council of the City of National City adopting the California Mechanical Code, 2007 Edition and Uniform Mechanical, 2006 Edition, and amending Chapter 15.14 of Title 15 of the National City Municipal Code. (Building & Safety) 32. An Ordinance of the City Council of the City of National City adopting the California Plumbing Code 2007 Edition and Uniform Plumbing Code, 2006 Edition, and amending Chapter 15.20 of Title 15 of the National City Municipal Code. (Building & Safety) 33. 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. (Engineering) 34. 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. (Engineering) 35. An Ordinance of the City Council of the City of National City amending Title 14, Chapter 14.22 of the National City Municipal Code pertaining to Storm Water Management and Discharge Control. (Engineering) CITY COUNCIL/COMMUNrTY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 7 NEW BUSINESS 36. Continued Time Extension Request — Tentative Subdivision Map for the division of one 16,675 square -foot lot into eleven Tots on a property at 2504 Highland Avenue. (Applicant and new owner: PB Highland, LLC) (Case File No. 2007-63 T.E.) (Planning) 37. Time Extension Request — Tentative Subdivision Map and Conditional Use Permit to convert nine apartments into condominium units for individual sale at 603-609 East 19th Street. (Applicant: San Remos Villas, LLC) (Case File No. 2008-05 T.E.) (Planning) 38. Request to use the Martin Luther King Jr. Community Center by Concordia Homes/Pacific Scene Homes on February 23, 2008. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 39. Warrant Register for the period of 01/18/08 through 01/31/08 in the amount of $182,921.09. (Community Development Commission/Finance) 40. Resolution of the Community Development Commission of the City of National City adopting City Council Policy No. 203 pertaining to the City of National City Investment Policy. (Finance) NON CONSENT RESOLUTION 41. Resolution of the Community Development Commission of the City of National City authorizing the Mayor to execute an Agreement with Buxton Community ID in the amount of $50,000 to provide retail matching and marketing services for the City's retail attraction and retention program, and a Memorandum of Understanding with Marina Gateway Development Company to pay the not -to -exceed amount of $25,000 of the cost of the Agreement. (Economic Development Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/19/08- Page 8 NEW BUSINESS 42. Report — Bonita Financial Corporation declines an Exclusive Negotiating Agreement for an industrial park on Cleveland Avenue within six months as requested by the Community Development Commission. (Redevelopment Division) STAFF REPORTS 43. Written Report - National City Fire Department's Quarterly Report. (Fire) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — March 4, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDIN GS OF CITY COUNCIL/COMM I TNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 City of National City Human Resources Department 140 East 12'h Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM Fehniary 4, 2008 TO : Chris Zapata, City , nager FROM : Stacey Stevenson an Resources Director SUBJECT EMPLOYEE OF THE; MONTH PROGRAM 2/19/08 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in February 2008 is Monica O'Hara - Librarian By copy of this memo. the employee is invited to attend the Council meeting on Tuesday, February 19. 2008 to be recognized for her achievement and service. Attachment cc: Monica O'Hara Minh Duong — City Librarian Councilmember Natividad Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) ® Recycled Paper City of National City of National City Performance Recognition Award Nomination Form I nominate Monica O'Mara for the Performance Recognition Award for the following reasons: Monica is in charge of the library's Literacy Services division. The 1.,iteracy Services division manages several grant funded projects including Adult Literacy, Families for Literacy, Americorps for literacy programs for the entire state of California, the WOWmobile, and the WINGS After School Program. Apart from successfully overseeing the operation of the Literacy Services department, Monica keeps close contact with all the library's partners, advocates for the projects she undertakes, and skillfully coordinates programs and events. Although having a multitude of responsibilities, Monica can always find time to listen to her co-workers' problems, offer suggestions and solutions, and serves as a solid emotional anchor for all staff. With her warm and caring nature, her calm and professional demeanor. as well as her alertness to patrons' needs, Monica exemplifies the term "above and beyond the call of duty", therefore is fully deserving of the City's Performance Recognition Award. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Iluman Resources Department Nominated by: Minh Duong Date: February 4, 2008 ITEM #2 2/19/08 WATER CONSERVATION PRESENTATION DENNIS BOSTAD, GENERAL MANAGER OF SWEETWATI+;R AUTHORITY ITEM #3 2/19/08 AMERICAN LEGION AWARD by COMMANDER PATRICK DERA('A ITEM #4 2/19/08 INTERVIEWS/APPOINTMENTS CITY COUNCIL: HEARTLAND COMMUNICATIONS METROPOLITAN TRANSIT SYSTEM SAN DIEGO COUNTY WATER AUTHORITY ITEM #5 2/ 19/08 APPROVAL O.F THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COM MISSION MEETING OF FEBRUARY 5, 2008. CITY CLERK ITEM #6 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalia, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 2/19/08 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT ,IEETING DATE February 19, 2008 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of National City approving the application for grant funds in the amount of $112,000 for the Office of Traffic Safety grant for the purchase of flashing beacons, vehicle speed feedback signs, and a GIS-based traffic collision records system. PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION The Engineering Department is applying for the Office of Traffic Safety (OTS) grant to purchase 16 solar - powered flashing beacons and 4 vehicle speed feedback signs mounted on trailers to improve safety in school zones and feeder neighborhoods. Deployment of these devices is intended to increase drivers' awareness of students and reduce vehicle speeds. The effectiveness of the traffic control devices will be quantified by measuring reductions in vehicle approach speeds both "before" and "after" installation. In addition, OTS grant funds will be used to implement a GIS-based traffic collision records system for use by the Engineering Department. The traffic collision database will greatly enhance data transfer between the Engineering and Police Departments, improve traffic records management, and allow for identification and in-depth analysis of high -accident locations, factors and types to improve safety. The system will also provide the ability to create GIS files and maping, which will allow the Engineering Department to update the City's GIS basemap with critical traffic collision data. The Office of Traffic Safety requires documentation of "local consent and acceptance" in order to qualify for the grant A resolution from City Council would provide the necessary evidence of support. } Environmental Review X NIA MIS Approval Financial Statement Approved By: OTS Grant - $112,000 (no matching funds required) Finance Director Account No. STAFF RECOMMENDATION Adopt the Resol • n. ` /l� , ARD / C M SION RECOMMEDATION ATTACHMENTS (Listed Below) Resolution No. 1. Grant Application 1. A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPLICATION TO THE OFFICE OF TRAFFIC SAFETY FOR GRANT FUNDS IN THE AMOUNT OF $112,000 FOR THE PURCHASE OF FLASHING BEACONS, VEHICLE SPEED FEEDBACK SIGNS, AND A GIS-BASED TRAFFIC COLLISION RECORDS SYSTEM WHEREAS, the Engineering Department is applying for a grant from the Office of Traffic Safety (OTS) in the amount of $112,000 to purchase 16 solar -powered flashing beacons and four vehicle speed feedback signs mounted on trailers to improve safety in school zones and feeder neighborhoods; and WHEREAS, OTS grant funds will also be used to implement a GIS-Based Traffic Collision Records System ("System") that will greatly enhance data transfer between the Engineering Department and Police Department, improve traffic records management; allow for identification and in-depth analysis of high -accident locations, factors, and types to improve safety; and provide the ability to create GIS files and mapping, which will allow the Engineering Department to update the City's GIS basemap with critical traffic collision data; and WHEREAS, OTS requires documentation of City Council consent and acceptance in order to qualify for the grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an application to the Office of Traffic Safety for grant funds in the amount of $112,000 for the purchase of 16 solar -powered flashing beacons, four vehicle speed feedback signs, and a GIS-based Traffic Collision Records System. PASSED and ADOPTED this 19th 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 Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 '1'O: Proposal Submission, Grant Coordinator Califonria Office of "Traffic Safety 7000 Franklin Boulevard, Suite 440 Sacramento, CA 95823-1899 Jo - SUBJECT: OFFICE OF TRAFFIC' SAFETY CRAN'1' FOR PUCIIASE OF' FLASHING BEACONS, VEHICLE SPEED FEEDBACK SIGNS AND 'TRAFFIC COLLISION DATABASE In an effort to improve safety for students in school zones and feeder neighborhoods, the City of National City Engineering Department is pursuing this Office of 'Traffic Safety grant to purchase 16 solar -powered flashing; beacons and 4 vehicles speed feedback signs mounted on trailers. Deployment of these devices is intended to increase drivers' awareness of students and reduce vehicle speeds. These devices will be deployed "off' the federal aid system. City Engineering will collect "before" and "after" data to determine the effectiveness of the devices. In addition, City Engineering is seeking grant funds to purchase a GIS-based traffic collision records system. The traffic collision database will greatly enhance data transfer between the City's Police and Engineering Departments, improve traffic records management, and allow for in-depth analysis of traffic collision locations, factors and types to improve safety. The traffic collisions records system would provide the ability to create GIS tiles and maping, which would allow the Engineering Department to update the City's (i1S hasemap with critical traffic collision data. The lack of a GIS-based traffic collision records system has severley limited the ability of the Engineering Department to proactively address traffic safety issues within the City. A copy of the City Council Resolution in support of this grant will be provided to the Office of Traffic Safety by March 17, 2008. Thank you for the opportunity to submit this grant. Sincerely, - IVtaryain Babaki, City t? ginecr City of National City ® Recycled Pape' STATE OF CALIFORNIA • OFFICE OF TRAFFIC SAFETY OTS- 136 General (Rev 11/01) (;o'sersheet for Traffic Safety Proposals h'cderal Fiscal Year 2009 3'y i i, tditt• ,T <�.- , Y_ Yu N.I.V Iqi'. ugrxm �rca ; k ' �‘' Agency Name: National City (3709) Department: (Police Dept, Dept. of health, Engineering Dept., etc.) Engineering Department If enforcement agency, does your city contract law enforcement services from the county Sheriff's office? [) YFS El NO Proposal 'Title: Purchase of Flashing Beacons, Vehicle Speed Feedback Signs and Traffic Collision Records System Proposal Summary: (Su innlarize grant goals and objectives. Maximum 750 characters --about 100 words) The City of National City intends to improve safety in school zones and feeder neighborhoods through the puichase and deployment of 16 solar -powered flashing beacons, 4 vehicles speed feedback signs mounted on trailers, and implementation of a GIS-based traffic collision records system. The effectiveness of the traffic control devices will be quantified by measuring reductions m vehicle approach speeds both "before" and "after" installation. The traffic collision database will greatly enhance data transfer between the City's Police and Engineering Departments, improve traffic records management, and allow tor in depth analysis of traffic collision locations. factors and types to improve safety. . btit<• ♦ s - i r«<•!...jYiiYrr<y 1'- N�i p✓�t`i��+x. _r`�+'. ;^nrt :tM.t4t`°i> �..'.'. J 4v'ii- %. .. . _`v Ta. .'- = _0. k Y i�A A'?.� 3 4.r„ri -oz: • l YG — r • _�' "' 4�1 1 .'"r •1I fi1 N :7, q{4 �c 7.,•' Iy.�a N'h{. v 4' '•.'i- 1 r'4.-r' tt G, 4,4'4 r+ . � r ?fir i ^ ly d i ' }[K ` fJ 4ir'f ' ���� -*ilk. - 'Eis? k.--, yn' t Y 4 .,-, r T- ri, b. s. - r as Lr2 _ 3 4G'$•_;( +w Y ytit'S- f f 4=1" 3,+ -r.ri- , -•� 7�,4 � >-- .=irk' .. ,y '1 Y+;r<. `r' t` i. �.i _�� �i =M1 - ,k % { . 4W. �tf f,-it it y rr �� t t �., -�! t -. - Y .3• i :_ Y f of 3`.i ' ee--t..tt j�. i 11 p!y !'((i.. -`S I Verify the costs requested accu---ra---te. for personnel and benefits are taV.r9-�amx u'i1 f r is Fiscal Rpi suitatl\C:.0 Agency Contact a ,g �.kt ii ` First Name: Last Natne: Title: Address l : Address 3: City: State: Phone #: FAX #: E-mail: Mar am "� l ��t,� ^_` r � '�9 .A. Rt •�� '00:„5' flabaki city Engineer �>t I - -,-, ` ' , (i, p/iI t gi.to• a r. .. ,, 4 (44j > . r � '' ...- 1243 National City Boulevard sti> ,. • :KJ � t �� r- $0 National City C.4, x<. Zip Code: 91950 Js YrCafr � r m y T 619-336-4383 Ext.: r i ,ii ,4, E / 3iiJt1 ,. ,e r ,.rr nt,'s'"t '�•'� u� alR:idknz ,;.•c, f` it• f i ar -.fr Vi raR N � r • '- «? t 'ir' a , „S r. t �-7 — 619 136 439"/ nlbabaki(�ci.national-city ca.us FFY 2009 Proposal • Covershcct (.9 Page 1 ScnEnuLE A GRANT No: TBI) (;RANT DESCRIPTION I'Ac,F. I "03.1. Ebf :STATEMEN11 i) The City of National City, located just southeast. of Downtown San Diego, is a diverse community of 56,000 mostly low-income, minority residents. The City, which has the highest poverty level in San Diego County, is the :second poorest in California, and Nth poorest city in the nation. More than 40% of the adult population do not have a high school diploma. The demographics of the students in the Nat ion.el School District mirror the larger population: 4,,' of the K. 6 students are minority; 78% of students are Hispanic, which cont.ribut.en to the high percentage (55%1 of students who .re English Language learners. National Elementary School District feeds into the Sweetwater union }sigh School District, which in the larye_ut secondary high school district in California. In total, over 10,000 students (K-17) attend ::drools in National City. In May 2004 a multi agency task force consisting of school principals, teachers and volunteer staff, School District officials, law enforcement, City Council members, City staff, and other members of the community was created to respond to emmmnnrity concerns regarding safety of students walkiny to and from area schools. Prompted by a student death ou his way home from school and multiple student injury accidents, the task force began a Citywide evaluation of student walking routes to identity, prioritize and implement solutions for high -risk locations involving conflicts between high :;peed vehicles and student pedestrians. Priority locations were determined through extensive data collection and analysis including police citation data, traffic collision records, traffic volume and speed data, and preparation of a detailed parent survey sent to all parent;; with children enrolled in National City schools. Over 2,500 surveys were completed and returned indicating a strong desire for improved safety. The survey results indicate that spe.-diny and vehicles violating pedestrian rights -of -way were of major concern among parentr.. National City Police Department traffic collision records indicate that 31 pedestrian collisions c -ur red from Year 2004 2006 due to vehicles violating pedestrian rightsof-way. addition, Office of Traffic Safety (OTS) population rankings indicate that . ion.el City's safety rating was in the bottom 10% in regards to collisions involving pedestrians from Year 2002 2005. Despite existiny deficiencies and safety concerns along walking routes, forty- three percent (43%) of elementary aye students in National City walk to :;drool. Therefore, the task force agreed that .implementation of traffic safety devicea such an vehiele ::peed feedback signs and flashing beacons, in addition to continued public education and outreach was critical to improving safety in school zones and feeder neighborhoods. All equipment will be installed an roadways "off" the federal aid system. 2) Currently, City Engineering does not have an automated system for receiving traffic collision tecords from the City's Police Department, nor a means to eltectively analyze data to de•tetmine high. accident locations, accident tac:t.ors and accident types. The Police Department durrently compiles collision statistics using ArcGIS. and reports results to SWITRS. At thin time Engineering relies on OTS-3sb (Rev. 11:07) Comment [soli: W Iy u Um u a01c sakty i0a1c3 pobigdde44.i14,,.1 .012 . tw'.v was it ,JeniJcd' xcfo to Gaa CtoWam Manual Chapin 1 a 2 SCUEDULE A (GRANT No: TBD GRANT DESCRIPTION PAGE 2 SWITRS data, which does not have sutticcint. detail tor effective traffic engineering, or must manually enter data from individual collision reports which in very labor intensive and inefficient. Purchase and implementation ot an automated GIS-based traffic collision records system would greatly enhance the Department's ability to access detailed traffic collision data, manacle records, and perform in-depth ,analysis necessary to evaluate traffic :safety and operations. The traffic collisions records system would provide the ability to crcote GIS tiles and maping, which would allow the Engineering Department to npd.ete• the City's CIS basemap with critical traffic collision data. The luck of a GIS-based traffic collision records system has severley limited the ability of the Engineering Department to proactively address trattic safety issues within the City. Using local data (not OTS Rankings or S W ITRS), complete the table below. Insert m the blank rows data that is relative to your request (i.e. Pedestrian fatalities/injuries). Collision T e 2004 2005 204)6 Collisions Victims Collisions Victims Collisions Victims fatal hjuty Alcohol Involved Ilil & Run Ntghtumc _.- O100.0759 hours) Speed Rclalcd I'ek l, fan Im'uhrd 1 481_. Fatal Irajnry 62 48I KIHed Injured 6 408 Fatal Isjar). 6 3 3 408 351 Killed I.jnted Fatal 62 26 26 66 66 PERFORMANCE MEASURES 20 20 Nut 7s 24 351 Killed IuLred 75 24 (iRANTkiOkl:Si ...... To reduce vehicle speeds by 5 mph in school zones and along residential streets in feeder neighborhoods by September 30, 2009. 2. To activate an automated GIS based haffic collision records system for the Engineering Department by January 7, 2009. 3 To coordinate with the City's Police I)epaitment to develop an efficient method of traffic collision data transfer based on activation of an automated GIS-hased traffic collision records system. 4 To update the City's GIS basemap with traffic collision data from Year 2004-2008 by September 30, 2009. 5. To prepare a comprehensive traffic collision report identifying high -accident locations and solutions for improving safety by September 30, 2009. OTS 381.(Rev 1I/01) Comment (so2J: What do you wart t w:nmplish, heft to Oran peopl'tm Manual (ltapttu 1 4 7 for peMr I tnlumtaaun un uvtmg}gant ,eoals In adltlrui, icic. to da ()IS Illuclaun - Uue Pratlrace lo. suggedcd Foal. (OP `�"_v4.4a-s rl anL'l 1c.1 Iuevrn-M mal doe) SCIIEDULE A GRANT No: TBD GRANT DESCRIPTION l'n(a•. 3 ''R.4 NT hnJF,CTWV tA To purchase one (1) slashing beacon for Newell Avenue near f is Palmas Elementary School by March 2, 2009. 2. To purchase one (I) flashing beacon for E. 26`h Street and two (2) flashing beacons for ' Avenue near Olivewood Elementary. School by March 2, 2009 3. to purchase two (2) flashing beacons for Earle Drive near Palmer Way Elementary School by March 2, 2009. 4. fo purchase two (2) tlashmg beacons for Ianoitart Avenue and two (2) flashing beacons for E. 24dn Street near Lincoln Acres Elementary School by March 2, 2009. 5. To purchase two (2) flashing beacons for Granger Avenue and two (2) flashing beacons for E. 20th Street near Granger Junior (Egli School by March 2, 2009. 6. To purchase one (1) flashing beacon for S. Kenton Avenue and one (1) flashing beacon for S. Ihexel Avenue near San Diego Academy (K-12 school) by March 2, 2009. 7. To purchase four (4) vehicle speed feedback signs with trailers to deploy along local streets within school zones and feeder neighborhoods by March 2, 2009. 8. l'o purchase one (I) GIS-based Traffic Collision Records System by January 7, 2009 Media Ol!ectives 1 To issue a press release announcing the kick off of the grant by November 15, 2008. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public information Officer at pio(n;ots.ca.xov and the OTS Coordinator for approval 14 days prior to the issuance date of the release. 2. To use the following standard language in all press, media, and printed materials "Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration." 5. To email OTS at pio(g)ots.ca.gov and the OTS Coordinator draft press releases for OTS approval for all giant funded operations at least 14 days prior to the issuance date of the release. METQl OD OF p•ROC E1111ntt4 !Phase!! — Program Preparation (October 1, 2008 December 1, 2008 City Engineering staff will contact vendors to verify costs and product capabilities/performance for the purchase of flashing beacons, vehicle speed feedback signs and a GIS-based't'raffic Collision Records system. City Engineering will begin collecting "before" data. Phase 2 Program j perationsI(Deccmber2,2008 Sept4nher'30, 20091 City Engineering will select a vendor to purchase traffic equipment based on costs and overall quality of the products. After installation, City Engineering will begin collecting "after" data. City Engineering will purchase O'I'S•38b (Rev. I I an7) Comment [so3]: Objective; are tasks or nrht,lies sodertakcn to make the goals a teality Refer to Omni Psogran Manual Ciropu r 4. ). In addition, tern to die OTS ninepins - IkM PIacnues foe wf,geatd ohlrrtives foe die srog,ao aca till) glom Hall Milts Sf. fir!/sow. oft ra n�eFraartv61es21V4�I I h.:rtil11J1r1,dd do) Comment [s041: Des. ibc the work to he done in order to acmmpliais We obj0cteves Dov,4. the grant into Fluxes. In:aemtsJdeuease m rename phases a� necesay Always lsegin nosh a program irepu a o.. phase and end with the -termites! Data Gathering k Repsn.o Comment (mmS]: Activities might Include hiriog mall, hamtng, nth eontrart jrepnalmes, acquisition of *impotent and ' sispplics, etc. Cornnrent tntmGI: tnuatbe{toning and ending dates of each jth o. Consent [Main: This va4inn is Used as a time tune of asxrvwes thv most news in order to mod We pograrn nhieMives. Activities might tnelude itldtuinp, with allied agencies lu imoedlnate.atl Nines, Coordination of .inethIt events development of in tot soil psoniouoonlmatnuJs, etc. SeaED1R.E A CRAM No: TBD GRANT DESCRIPTION PAGE. 4 a (iiS-based Traffic Collision Records System, coordinate with the City's Police Department for data transfer, update the City's GIS base map with traffic collision data, identify high. accident locations, and draft a report which summarizes the traffic collision analysis and recommended solutions. City Engineering will coordinate public education and outreach activities such as presenting at Parent-Teacher Organization meetings and locus groups, working with school principals and law enforcement to identify school safety zones and preferred walking routes for students between schools and feeder neighborhoods, educating students and parents on traffic safety via presentations, community events and pamphlets, and continuing to font partnerships between the City and local schools, businesses, community organizations and citizens. Phase 3 — Data Gathering & Reporting -- (Throughout Grant Period) Agencies are required to collect and report quarterly, appropriate data that support each of the goals and objectives progress. Statistical data relating to the giant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year to date comparisons of goals and objectives. If required the Quartet ly Evaluation i)ata Form, Schedule C, will he completed each quarter and submitted as part of the QPR. These reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes madc by the grant Director in planning and guiding the grant efforts. Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33) included within this agreement. METHOD OF EvALIINI ION llstng the data compiled in Phase 3, the grant manager will evaluate: (I) how well the stated grant goals and objectives were accomplished, (2) if all the activities outlined in the "Method of Procedure" were performed in accordance with the grant agreement; and (3) was the grant cost effective? ADMINIST RATIVF: SltpPORT This program has full support of the City of National City Every effort will be made to continue the activities after the grant conclusion. A copy of the City Council Resolution in support of this grant will be provided to the Office of Traffic Safety by March 17, 2008. OTS-18b (Rev 11/0 /) EConrtiititfitintiqt—lit—sen The unncofof aha etanl iiitocy Comment 10TS9J: Punting Inamntinns N the pant u wtoo. <toots the "➢trttrwhalr" to "ptxuwenf'. SCIIEDULE B PAGE; 1 DETAILED BUDGET ESTIMATE GRANT NO. TBD COST CATEGORY FISCAL YEAR ES'ITMATES TOTAL COST TO GRANT _ FY-1 10/1/2008 thru 9/30/2009 FY-2 10/1/2009 thru 9/30/2010 FY-a that A. PF;RSONNE1. COSTS Positions and Salaries $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Employee Benefits (ir) 0.00 Category Sub -Total $0.00 S0.00 $0.00 $0.00 B. TRAVEL EXPENSE, In State $0.00 Out of State 0.00 Category Sub -Total $0.00 $0.00 $0.00 $0.00 C. CONTRACTUAL SERVICES $0.00 0.00 0.00 Category Sub -Total $0.00 $0.00 $0.00 $0.00 (J1'S•38d (Rev. 11/07) 7 SCHEDULE B PAGE 2 DETAILED BUDGET ESTIMATE (:RANT NO. TBI) COST CATEGORY I). EQUIPMENT FISCAL YEAR ESTIMATES FY-1 10/1/2008 thru 9/30/2009 FY-2 10/1/2009 thru 9/30/2010 FY-3 thru Four (4) Vehicle Speed Feedback Signs with Trailer One (1) (itS-based'I'rafiic Collision Recoads System $ 34,000.00 `"s 10,000.00 Category Sub -Total $64,000.00 $0.00 'TOTAL COST TO GRANT $34,000.00 30,000.00 0.00 0.00 0.00 $0.00 $64,000.00 E. OTHER DIRECT COSTS Sixteen (16) Solar -Powered Flashing Beacons 48,000.00 $48,000.00 0.0 0 00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 Category' Sub -Total S48,000.00 $0.00 $0.00 $48,000.00 F. INDIRECT COSTS Category Sub -Total $0.00 $0.00 $0.00 $000 $0.06 GRANT TOTA1.112,000.00 $0.00 $0.00 $112,000.00 OTS-38e (Rev. 11/0"/) SC'Hraltll.r: B-I GRAND No. TBD BUDGET NARRATIVE; Page I ;ONNEL j(.'OSTS� Position Descriptions: Benefits 1Clta►l Full Time Benefits Unemployment Insurance Health Insurance I .ire Insurance Dental Insurance Retirement Soual SCt11111ft ICA.__ (enter name and %of addn hoot Malefic). (entea name and % of additional bcnclit) total fi ncfit Rate Enforcement Supplanting }Statement;: To avoid supplanting, the city agrees to increase the traffic unit from its current complement of N officers to f1officers. The Traffic (?nit will maintain a minimum of 11 officers ( I existing and _tt grant funded) throughout the giant period. Non Enforcement Supplanting Statement Personnel assigned to the grant ate conducting a new traffic safety program not previously funded with the city, county or State finding or were previously in a grant funded position. "tvertiutc ICostst; Maxi nuun Overtime Benefit Rate Social Security/FICA (enter name and % of additional overtime benefit) enter name and %of additional overtime benefit) (enter man and % additional overtime benefit) - (enter name and •/e of additional overtime benefit) Total Benefit Rate (Overtime benefits are usually between 9% - 18% of the hourly overtime rate.) TRAM. EXPENSE OlS-33f (Rev. 11/07) rComment (sot]: Explain all personnel saltines that are deiwliod m the Sctvdnlc II Itemize employee beMfits and rates StaodbrJ language has hem, pmvnded for some vans Delete what doss not apply w this proposal Comment (0152]: In art font to the pnsttinndruspoon. 1f benefits re requests& they mus be btlILE111 down by each percentage. "Other" well not be accepted Add addbhurnl hoes if MCC,. - Ce.a,t 10153]: Sutplaunot r m=cements ate saryvai when retgtcsung full aryl pan one pasonncl Ucldc if these secnons do not apph M dos propoant Comment (01S4): Explain nit overtime coal that are idetytlial to the Schabrle R If axon -sled. Urns. neurone benefits awl tares. "O1hei", will not be arsepled Add rhhliwul lines .f necessary U SCHEDULE B-1 GRANT No_ TBD BUDGET NARRATIVE Page 2 In -State - Costs are included for. appropriate staff to attend conferences and training events supporting the grants goals and objectives and/or traffic safety. Funds may be used to attend OTS approved training. Anticipated travel and events include local mileage for grant activities and meetings, the PIS Seminar (if enforcement grant), OTS Summit, and, (Enter known conferences or required travel). A!! conferences, seminars or training not specifically identified in the Schedule B-1, must he approved by (ITS All travel claimed would he at the agency approved rate. Per diem may not he claimed for meals provided at conferences when registration fees paid with OTS grant funds Out -Of -State - Appropriate staff will attend (enter the name of the event and location if known) in support of the giant goals and objectives. All out-of-state travel trips not included in the grant agreement must receive written approval from OTS. CON IRA CTUUAL {SERVICESi VOUEPMENT Four (4) Vehicle Speed Feedback Signs with Trailers including violation alert, charge', battery backup, solar assist, scheduler, data collection software and wireless palm RDA. One (1) GIS-based Traffic Collision Records System with GIS mapping, collisions diagrams, street layout tables, electronic input and verification of S WITRS data, and licensing. OTHER It IRF.(T ICY1$(S� Sixteen (16) Solar -Powered Flashing Beacons including, 12" LED sigma/ head, Mounting hardware, solar engine and panel, signal housing and battery system. INDIRECT COSTS PROGRAt1t11NcoMId OTS t8((Rev. I1t07) �1( cOOlglerlt (505} thxr.W 11,e w,ei eaJ.. IulL* fain agmiy.:,, per wilt puvAe Fntet Nennadni of earl Inns stquonsea Comment (so, 61y Oncri' : tw-h line ,k n idontifred in -the SchubJe Rand its unaided Nrgwtt. Lunn tlx: number or rrc11_ttutr requested, t( ayyNwt+le (t r 1 to. Cwnntept Iso7] Refit W ate OTS (:cart t'rigterogiiii41, C'hapn 1 6.r Ion `Pirrdpntc stdi o.ir i Ctirnmernt (O1S8j: Towing ...— 1' fiiarerinni, In Memrmt wlru4wclungc the" i'riat wra 'u1T to "Doraeel". 1 ATIONAL CHOOL ISTRICT ADMINISTRATION January 31, 2008 Grant Coordinator California Office of Traffic Safety 7000 Franklin Blvd_ Suite 440 Sacramento, CA 95823 Re: Flashing Beacons and Vehicle Speed Feedback signs Dear Sir or Madam: On Ix -half of National School District, I am writing this letter in support of an application that is being submitted by the City of National City for flashing beacons and vehicle speed feedback signs. Traffic in National City, particularly around schools, poses an extreme hazard for our students and families. On a daily basis, parents of our K-6 students must navigate our busy streets on foot to bring their young children to and from school. Overwhelmingly, our low-income families must walk to get an education and cross busy avenues in a port city that doubles in population as a result of the presence of non-resident employees who race to get to work and back home daily_ For several years, the National School District has been actively working with city engineers, city councilrnembers, law enforcement, and the high school district to provide safe access to schools_ Initial funding from Safe Routes to School has seeded our nascent efforts, but much more needs to be done. Just half of our schools will be impacted by start-up funding to provide well -lit crosswalks, flashing warning signs, "Your Speed" signals, and other traffic calming measures. We urge you to fund the grant request for Clashing beacons and vehicle speed feedback signs in order to ensure that all needed enhancements are in place for the safety and protection of all of our students in every school in National City_ The National School District is fully committed to collaborating with our partners to make our streets safe for our students. Sincerely, Dennis M. Doyle, Ph.D. District Superintendent 1500 'N' Avenue • NATIONAL SCHOOL DISTRUCF National City, CA 91950 • (619) 336-7500 • Fax (619) 336-7505 • http://nsd.us Creating Successful Learners... Now // City of National City, California COUNCIL AGENDA STATEMENT IdEETING DATE February 19, 2008 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of National City authorizing the Mayor to execute an agreement with Jeff Katz Architecture, in the amount of $95,000 in order to provide the City with architectural services for the City Remodeling and Renovation of Parks Facilities Project PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT See attached explanation. Engineering EXT. 4387 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funding for this project is available through account number 001-409-500-598-4127 (General Funds). Account No. STAFF RECOMMENDATION Ad • pt t e Resolu ij 0 - D / CO MIS ON RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement and its exhibits. sc A-200 (Rev /103) Background The City Council of National City at its January 22nd meeting directed the Engineering staff to move forward with the Remodeling and Renovation of Parks and Recreation Facilities project design (Alternative No. 2). The general improvements include restroom repair, additional park furnishing, score shack and snack bar modifications, turf and baseball/softball field repair and pedestrian track resurfacing. Two alternatives were presented to the City Council. Alternative No. 1 included deferred maintenance and needed replacements. Alternative No. 2 included the high priority maintenance and replacements and addressed high priority ADA issues. The City Council unanimously voted on the latter. Architectural/Engineering Design In order to meet the project deadlines we have met with Jeff Katz Architectural firm and obtained a proposal that includes a cost and schedule. Jeff Katz Architecture is a high caliber firm with a good reputation and has completed design plans and specifications for several major projects in the City such as the new Fire Station (Station 32), Library Remodel for San Diego Joint Labor Relations Committee, City Hall Remodeling and the former National City Library Remodel for the San Diego Repertory projects. Jeff Katz Architectural firm is familiar with the City and its rules and regulations and can meet the City's set schedule. Therefore, it is recommended that Jeff Katz Architectural Firm be considered for this work. The scope of work (Exhibit "A"), fee schedule (Exhibit "B"), and work schedule (Exhibit "C") were negotiated with the selected firm. Financial Statement Currently, funding for this project is available through account number 001-409-500- 598-4127 (General Funds) with a total budget of $970,826.50. Estimated Project Schedule Construction will begin in May 2008. Staff Recommendation Staffs recommendation is to adopt the resolution and authorize to execute the contract between the City and Jeff Katz Architectural firm. Attachments Attached is the City's Contract Agreement with its Exhibits. A biography of the firm is attached as Exhibit "D". 2 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFF KATZ ARCHITECTURE IN THE AMOUNT OF $95,000 TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE NATIONAL CITY REMODELING AND RENOVATION OF PARK FACILITIES PROJECT WHEREAS, the City desires to employ a Contractor to provide architectural design services for the National City Remodeling and Renovation of Parks Facilities Project; and WHEREAS, the City has determined that Jeff Katz Architecture is a professional architecture firm, and is qualified by experience and ability to perform the services desired by the City, and Jeff Katz Architecture is willing to perform such services for $95,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Jeff Katz Architecture in the amount of $95,000 to provide architectural design services for the National City Remodeling and Renovation of Parks Facilities Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL. (:TI'Y AND JEFF KATZ ARCHITECTURE TURE THIS AGREEMENT is entered into this 19`h day of February 2008, by and between the (.'f1'Y OF NATIONAL CITY, a municipal corporation (the "CITY"). and JEFF KAT7, ARCHITECT( ( IRE (.IK.A), (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide architectural design services for the Remodeling and Renovation of Parks and Recreation Facilities Project. WHEREAS, the CITY has determined that the CONTRACTOR is a full service architectural, planning, and code compliance firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO IvaITUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents phut all services required hereunder will be perlirrmed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall he responsible Fur all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and (:'ity Council advised of the progress on the project. The C'TF'Y may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this .Agreement. Upon doing so, the CITY and the ('ON'I'RACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10"/" (ten percent) from the base amount. 3. PROJECT COORDINATION ANI) SUPERVISION. Kenneth Fernandez, Civil Engineering Technician, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR..leffrev Katz, AIA is hereby designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACT OR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will he processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all hooks, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be 210 (two hundred and ten) working days from the date the agreement is entered. Therefore, the final report shall be submitted no later than Thursday, December 14, 2008. 6. DISPOSITION AND OWNERSIIII' OF DOCUMENTS. '1'hc Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY fix use with respect to this Project, and shall he turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRAn OR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not he unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACI'OR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil ('ode Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 hut. only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the perlunnance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACT'OR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR. or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 3 of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily' exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 13. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to pertbrm, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CiTY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants arc employed without regard to their age, race. color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CiTY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the intormation that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of' the CITY. in its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall he liable to CITY for any damages caused by hreach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD IIARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands. suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACIY)R's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicahle provisions of Division 4 and 5 of the California Govenuncnt Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incun-ed by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: V]C A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. R. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit. per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and armual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSIIi.TANT's employees. 5 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said . policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. if required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. I I. Any aggregate insurance limits must apply solely to this Agreement. I. insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vill according to the current Best's hey Rating Guide, or a company equal financial stability that is approved by the C:ity's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CiTY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I7_ LEGAL FEES. if any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's lees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's lees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's lees incurred by the prevailing party. 1 g. MEDIATION/ARBITRATION. if a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the `AAA") before resorting to arbitration. 'Fhe costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or preach thereof that does not exceed $25,000 and which is not resolved by mediation shall he settled by arbitration in San Diego, California, in accordance with the (.'ornmercial Arbitration Rules of the AAA then existing. Any award rendered shall he final and conclusive upon the parties, and a judgment thereon may he entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each parry shall pay for and hear the costs of its own experts, evidence and attorneys' lees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the Ci"IY. Termination without cause shall he effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. R. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the (.'ONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. "Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and he delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CiTY all rights set forth in Section 6. li. The CITY further reserves the right to immediately terminate this Agreement upon: (I) the filing ofa petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall he in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall he directed to the following persons: 7 'To theCliY: Maryam Babaki, P.F. City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Tel: (619) 336-4383 Fax: (619) 336-4397 To the CONTRACTOR: Jeffrey Katz, AIA Jeff Katz Architecture 6353 Del Cerro Boulevard San Diego, CA 9212.0 Tel: (619) 698-9177 Fax: (619) 698-9178 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall he deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must he confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL. REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National ('ity. The CONTRACTOR. also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Govenunent Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages. costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 8 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement arc solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. U. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A - Scope of Services and i tourly Rate Schedule • Exhibit 13 - Fee Schedule/Breakdown • Exhibit C - Project/Work Schedule • Exhibit I) Firm Biography P. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in wTiting executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. II. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to he bound thereby. J. Successors and Assigns. This Agreement shall he binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K.. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity 10 consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Jeff Katz Architecture ('' .vo si'attires required Jar a corporation) 1111 Ron Morrison (I I me) Mayor APPROVED AS TO FORM: George 1-I. Eiser, III ('ity Attorney By: -''1ot- I'itle) (Name) (Title) 10 EXHIBIT "A" 11 n y- v. ! 14 t zgg ARCHITECTURE January 31, 2008 Kenneth Fernandez The City of National City 1243 National City Boulevard National City, CA 91950 RE: Architectural Services National City Park Rehabilitation Scope of Work and Fee Proposal Dear Kenneth: Based on our meeting to discuss this project and a site visit to inspect the existing conditions at the three parks, I have prepared the following fee proposal for the renovation to the existing Kimball, El Toyon and Las Palmas parks. Work will include the replacing and adding picnic tables, fencing, repainting, improvements to the snack bar and scorer's shacks and restroom improvements (a skate park or new restroom building is not a part). Also included will be some ADA accessibility improvements, although it is acknowledged that the budget will not permit all accessibility improvements to be made as a part of this project For the purposes of this proposal the construction budget for the project is assumed to he approximately $1,000,000. We are proposing to offer the following scope of services: SCHEMATIC DESIGN PHASE Develop concept sketches for proposed modifications Prepare Opinion of Probable Construction Cost Estimate CONSTRUCTION DOCUMENTS PHASE Prepare as -built drawings of existing conditions, based on drawings provided by the City. It is recommended that topographic surveys be done of each of the sites. This service is not included as part of our basic services, but is listed as an optional additional service. 6353 Del Cerro Boulevard, San Diego, CA y2.t20 tt,. 1.tciikarzarchitc;auic. o!fl National City Park Rehabilitation January 31, 2008 Page 2 Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required architectural, mechanical and electrical design. No Civil, or Landscape work is included in this proposal. Structural work is limited to the required modifications to the existing structures — no new structures are included. It is assumed for this proposal that the City of National City will provide all required General and Supplementary Conditions and Bidding Information. Develop separate bid packages for stand alone bid items such as painting and fencing work. Submit plans to City of National City Building Department for plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included). Update Opinion of Probable Construction Cost Estimate. Meet with Cily of National City as required to review final design and construction documents. For the purpose of this proposal assume 3 meetings with staff. BIDDING PHASE Provide final original drawings and specifications for use in hid packages. For this proposal it is assumed that the City of National City will advertise, assemble and distribute bid packages. Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. Attend a Pre -Bid walkthru at the site with all interested contractors. Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. CONSTRUCTION ADMINISTRATION PHASE Construction contract administration services are based on a Five month construction period, from Authorization to Proceed through Punchlist Inspection. The following services will be provided: 6353 Del Cerro Boulevard, San Diego, CA 92120 www.leitkalzarchitecture.coni National City Park Rehabilitation January 31, 2008 Page 3 Attend Pre -Construction conference. Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. Interpret contract documents for proper execution and progress of construction, including responding to contractor's requests for information and clarification. Make one scheduled site visit every week during the course of construction (total of 20) to observe the project, and prepare site visit report. Site visit shalt include meeting with contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. Punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. Assist in reviewing and processing contractor's progress payment requests, and certifying the amounts due to the Contractor. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Exhibit 'A'). Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size.. quality, complexity, schedule, or the method for bidding and contracting for construction. 6353 Del Cerro Boulevard, San Diego, CA 92120 www.jcilkAttatchitecture.com National City Park Rehabilitation January 31, 2008 Page 4 Construction site visits provided in excess of the visits defined under the Construction Administration Phase which are requested by the City, or made necessary through delays in the construction schedule or other elements outside the control of the Architect. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation. Providing services in conjunction with evaluating substitutions proposed by the Contractor, and making subsequent revisions to Contract Documents resulting from such. Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings. Providing "Special Inspection" services required by law or the Contract Documents. Preparation of separate Public Improvement drawings. Services in conjunction with any required discretionary approvals. Traffic Engineering Services. Environmental remediation studies, surveys or rernoval specifications Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds, construction staking or other documents in conjunction with the project site. 6353 Del Cerro Boulevard, San Diego, CA 92120 www.jcfikatzarchitectin e.coni National City Park Rehabilitation January 31, 2008 Page 4 Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. I propose to provide the stated basic services for a fixed fee of Ninety Five Thousand Dollars ($95,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month. In addition to the items above we strongly recommend that the City obtain a complete accessibility survey of the parks to determine all existing harriers. Although not all of these barriers will be remediated under the scope of the Park Rehabilitation project, having this survey completed will help the City monitor what remains to be done and will help as part of the City's required Transition Plan. We are qualified to provide this service to the City. The fee for the completed survey and database is a fixed fee in the amount of Nine Thousand Dollars ($9,000.00). As mentioned earlier, we strongly recommend that a topographic survey be prepared to provide more accurate information for our design work. The Topographic Survey of the site consists of site topography, invert elevations for existing utilities, horizontal and vertical location of existing surface features and improvements. The fee for this service is a fixed fee in the amount of Eight Thousand Dollars ($8,000.00) per park. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. If this is acceptable please prepare a contract and/or Notice To Proceed so we can begin. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698- 9177. Resp ctfully,1 C_- Jeff Katz, AIA Principal 6353 Del Cerro Boulevard, San Diego, CA 92120 t'tct. jei,tkatzarchitectii t .coin Exhibit "A" HOURLY RATE SCHEDULE The following rates apply to work performed on an hourly basis. Principal Architect $ 130.00 per hour Project Manager . .. . $ 105.00 per hour Specification Writer $ 95.00 per hour Construction Administrator $ 100.00 per hour Drafter $ 65.00 per hour Secretarial $ 40.00 per hour Senior Accessibility Specialist $ 110.00 per hour Structural Engineer $ 140.00 per hour Civil Engineer $ 120.00 per hour Mechanical Engineer $ 115.00 per hour Electrical Engineer $ 125.00 per hour Landscape Architect $ 100.00 per hour Reimbursable Expenses will be charged at 1.1 times the direct cost. Note: These rates will remain in effect until December 31. 2008, at which time they may be adjusted as a result of salary reviews. 6353 Del Cerro Boulevard, San Diego, CA 9212o w\+.\..jc1lk,,tisrrchi tecture.com EXHIBIT "B" 12 Exhibit "B" Fee Schedule/Breakdown Exhibit "B" 'Fee Schedule/Breakdown —"r _ . Park I Constructicin DocumentslConstruction Administration Total Kimball 43,000 1-$ I as Palmas$ 17,000 i $ El Toyon 25,000 I $ Total i $ 85,000 ; $ 5,000 j $ 48,000 2,000 $ 19,000 3,000 $ 28,000 10,000 ! $ 95,000 211112008 3:37 PM EXHIBIT "C" 13 r !-':l 1 1 VC) r, a: I"U _I�rr b t :r t t to p•t Post -It —brand lax transmittal tnerno 7i.'t pet pages +• + i 7 bean Sr i---kl - 1 —�• Jett From: Jeff Katz 3:jefrajigf at2;;rtd'echire.cOrn} Sent: Montiii;, F ruary 11, 21503 8:3: A'rk Ta 'Kennet}i Cc: `l✓raryarrt Bahak1; Din I&ie;tifat' Subject: RE: Three Parks Contact ken. ree i mink the easi,mt wily to t. ack it is tw park: corn' FEB 1 1 REcb Exhibit "C° Project/Work Schedule Paris Con f%_,cs Consi Ji 7nriii dotal Kimbal -- S43,000 $5,000 $^•E.O00 l as PjfiTIAS $17,OOQ $2,000 $; 9,iX10 I.t I cy341 ---_ S25 000 $3.000 <28 000 -rota; S85.000 '310,000 $95.00 Thp sctx'tiuie is going to he a little tough to determine right now, until we deter rn:ni: exactly which item,: roan be hid out i would say we can have bid documents for paiotit>r~?, tables and fencing ready by April J, btd opening end of April, :Award ea;v May art;'. compl.te ronstruction by end June. For the second phase i ;teed more input from you on when ar.tt:al r onstruction can take placeto uvz interfere With tittle league schedule, etc. i think we can have dacurnents complete May/Sine and probably s:oastr union convict? by November if that works with the leagues schedule. Witt this work.? i ur T the orfiuP today Lit it 3. t will be ill tomorrow edriy, but leavine about ft ^• Yt, Let me know what we need to do iu get t:t.7it tract pages stoned (i an you emaii them to me and l can pi int and Siufi'). Jeff From: Kenneth f:ritarrdezz inTalito:KffYtar±c d.ttab nai-city.ca-ss} Sent: Thursday, Fa -query 07, 700S 9:34 ASK':. To: Sett Katz Cc: Maryam Babaki; Dirt Dartes!:far; Kc:,r tli Fr5riarotiez Subject: Three Parks Contract Hi Jeff, In Fdd:tron to the. coast ct?cn sc";ed ly fc; the 'Three Pars" c auras;, uttid you please prorfide a ice esiirnatefbreakdown indicating' how the $5&,00O will be tt iii2Kfi? Far ctal-ity, J have your 'Hourly Kate Scht�lule' attached to the contract. However, the contract r- q::cses t. i > t.xtra stein kw lofjis;icat purposes. EXHIBIT "D" 14 r Jeff Katz Architecture Page 1 of 1 JEF^'"ATZ ARCHITECTURE hone architectural Jeff Katz Architecture is a full service Architectural, Planning and Code Compliance firm founded in 1992. The tirm's Principal Architect, Jeff Katz, AIA, has many years of experience working on architecture and accessibility compliance projects for a variety of public and private sector clients. Mr. Katz has his NCARR Certification, and is currently licensed to practice architecture in the states of California and Nevada. Jeff Katz Architecture is, above all, a service -oriented firm, concerned with finding architectural solutions to our clients functional, human and economic needs. These solutions are arrived at through the integration of site opportunities, client requirements and our aesthetic and finical expertise. At the same time, we always conscious of the need to minimize both near and long-term costs. As a consequence, Jeff Katz Architecture will provide aesthetic, economic and technically accurate solutions that fulfill our clients needs and allow them to achieve their goals. accessibility contact ttp://wAvw_jeffkatzarchitecture.cotn/home.htrn 1/3112008 ACORP. CERTIFICATE OF LIABILITY INSURANCE DATE (YMIDWYYYY) 11/11/2007 PRODUCER (619)574-6220 FAX (619)574-6220 Insurance Office of America, Inc. DBA I0A Insurance Services `75 Hancock Street, Suite 180 .n Diego, CA 92110 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Jeff Katz Architecture 6353 Del Cerro Boulevard San Diego, CA 92I20 WSURERA Navigators Insurance Company INSURER B' INSURER C INSURER D INSURER E: TILF POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFRTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;:TY IN4RI, TYPE OF INSURANCE POLICY NUMBER POLICY DATE EFFECTIVE POLICY TE � PIRA ,T O 4 LNDdYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS (FA nOmmrcnl S CLAMS MADE I I OCCUR MED EXP (Any ors person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS . COMPIOP AGG $ nPOLICY n rim n Loc AUTOMOBILE UABRJTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea scoaent) $ BODILY INJURY IPer person) S BODILY INJURY (Per *cadent) S PROPERTY DAMAGE (Per eoddenl) S GARAGE IJABILRY ANY AUTO AUTO ONLY - LA ACCIUEN L $ EATHAN FA ACC S •---II AUTO ONLY. ACC S EXCESSIUMBRELLA UABRJTY I—] CLAIMS MADE EACH OCCURRENCE S nOCCUR AGGREGATE S DEDUCTIBLE RETENTION S S y S --- WORKERS COM►ENSATIOAND N EMPLOYERS' UABILITY ANY PROPRIETORJPARTNER/EXECUTNE OFFICEAAIEMBER EXCLUDED? M yos, desaibe unclog/ SPECIAL PROVISIONS below WC STATU- OTH- TERRY I IMRS FR E.L EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S EL. DISEASE - POLICY LIMIT $ A OTHER, qrc Ttects & Engineers rofessional Liability NY-07-EGR-533242-NV DEDUCTIBLE $10,000 RETRO DATE: 11/01/1992 11/1I/2007 11/11/2008 $2,000,000 Per Claim $2,000,000 A r gg agate DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADO BY.ENDORSEMENT I SPECIAL PROVISIONS PL Agg limit is the total insurance available for all covered claims reported w/i the policy period Evidence of Insurance. *Except 10 Days for non -pay CERTIFICATE HOLDER City of National City Attn: Maryam Babaki 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE OESCRRIED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL. id6VAIKAIU MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AGEMISIMSWICUMUNIVLIDIXWMAXIKWVAINZILLICUXXXX WINXIMIXIMNAVEMAINOMMINXEMMIAMONAUWOCKXXXXXXVI AUTHORIZED REPRESENTATIVE John Tenuto/PALMEL OACORD CORPORATION 1988 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE February 19 2008 AGENDA ITEM NO. 9 EM TITLE RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF NATIONAL CITY APPROVING A NEW STATIONERY DESIGN AS PART OF THE CiTY'S BRANDING PROGRAM PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293) Economic Development Divisi�. Community Development Coordinator Strategic Action Plan 8b EXPLANATION On May f, 2007, City Council adopted the City's 5-Year Strategic Plan. Action Plan 8b of the Strategic Plan sets out to "Develop City Branding..." On October 2, 2007, Council approved staff s recommendation for a new City flag, logo, and branding ideas. As part of the branding strategy, staff recommends that the City update its stationery design to include new letterhead, envelopes, and business cards. City stationery is used to communicate with residents, businesses, and other governmental and non-profit agencies. Utilizing stationery as a branding application is a powerful tool due to its wide use and representation in external and internal affairs. The proposed design layout includes the city's new logo and associated colors, and new domain address. Staff recommends that the new stationery design be applied as soon as possible and ordered through the 'rchasing Department's usual process. However, staff recommends that staff implement the new stationery . May 17, 2008, after confirmed receipt and authorized use of the city's new web domain address. Environmental Review N/A Financial Statement STAFF RECOMMENDATION Approve the new stationery design. ATTACHMENTS 1. Staff Report 2. Exhibits A-C (new envelope, business card. and letterhead design) 3. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A NEW STATIONERY DESIGN AS PART OF THE CITY'S BRANDING PROGRAM WHEREAS, on October 2, 2007, Council approved a new City flag, logo, and branding ideas; and WHEREAS, the new branding for City stationery includes letterhead, business cards, and envelop design, and reflects the City's new identity; and WHEREAS, the proposed stationery design, attached hereto as Exhibit "A", includes the city's new logo and associated colors, and a new web domain address; and WHEREAS, utilizing stationery as a branding application is a powerful tool due to its wide use and representation in external and internal affairs; and WHEREAS, staff recommends that the new stationery be impiemented on May 17, 2008, after confirmation and receipt of the City's new web domain address. NOW, THEREFORE, BE IT RESOLVED that the City Council of National City hereby approves the new stationery design as part of the City's branding program, and directs its implementation on May 17, 2008. PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1243 National City Boulevard, National City, CA 91950 6530 619/336-4570 Fax 619/336-4597 www.nationalcitygov.org Staff Report- New Stationery Design On May 1, 2007, City Council adopted the City's 5-Year Strategic Plan. Action Plan 8b of the Strategic Plan sets out to "Develop City Branding..." Per Council's direction and priority, the Community Development Commission (CDC) of National City has committed to meeting that objective. On June 18, 2007, the CDC of National City entered into an agreement with Blik and Motivational Systems, Inc. (MS1), a local sign and marketing firm, to develop new logo concepts. MSI and Blik worked collaboratively to propose logo, flag, and branding concepts for Council's consideration. On October 2, 2007, Council approved staffs recommendation for a new City flag, logo, and branding ideas. As part of the branding strategy, staff recommends that the City update its stationery to reflect the city's new identity. Staff recommends that the new branding apply to letterhead, business card, and envelop design. City stationery is used to communicate with a wide array of audiences including residents, businesses, and other governmental and non-profit agencies. Utilizing stationery as a branding application is a powerful tool due to its wide use and representation in external and internal affairs. Durra Ink, the current printer for all National City stationery, assisted with the design and layout proposal for the new stationery. The proposed design layout includes the city's new logo and associated colors. Based on branding impact and cost considerations, staff recommends the proposed stationery design for council's approval. Staff recommends that the new stationery design be applied as soon as possible and ordered through the Purchasing Department's usual process. However, staff recommends that the new stationery be implemented on May 17, 2008. '1'he City's MIS Department has reserved a new web domain address, www.nationalcitvgov.org, for the City. The web domain address change will take effect on May 16, 2008. The new web domain address will replace the current address, www.ci.national-city.ca.us and will also be used for staff e-mail addresses. For example, the staff e-mail address will read, ideese(alnationalcitygov.org, after May 16, 2008. Staff recommends that the new stationery design also incorporate the city's new web domain address. Staffrecommends that City Council adopt the new stationery design as part of the City's branding program. Chris Zapata City Manager Street and Wastewater Maintenance Superintendent Public Works Department 1243 National City Boulevard National City, CA 91950-6530 www.nationalcitygov.org 619/336-4240 Fax 619/336-4327 czapata@nationalcitygov.org POcrarCPdRATsD 1243 National City Boulevard, National City, CA 91950-6530 619/336-4570 Fax 619/336-4597 www.nationalcitygov.org 1243 National City Boulevard, National City, CA 91950-6530 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 19, 2008 AGENDA ITEM NO. I ITEM TITLE Resolution of City Council of the City of National City authorizing the Mayor to execute a Lease Agreement, which includes an option to renew, with the San Diego Repertory Theatre to lease space in the former Library Building for rehearsal space and a property shop, and to facilitate programming for a future Arts Center at the site. PREPARED BY Susanna H. Peredo (Ext. 4243) DEPARTMENT Community Services EXPLANATION - History: Through a Redevelopment Agency Bond issuance, approximately $1.4M was allocated for the purpose of creating a Community Art Center in National City. Several community workshops followed to `scope" what the Art Center should include. The basic requirements to renovate the building were estimated to cost approximately $1.3M. They consisted of hazardous material (lead and asbestos) removal, new HVAC systems, rewired electrical systems, some `opening up' of the space, carpet, paint, windows, ADA improvements, etc. The ultimate build -out of the building to be used as an Art Center was difficult to determine without a final user identified, but by using other communities' Art Centers as examples, it was estimated to cost between $7M and $8M. Due to difficulties with determining ongoing operation costs after the capital investment, and budget constraints in National City, the Art Center project was temporarily put on hold. The westem most part of the building was consequently leased to the PM/ILW U/. - Per City Council recommendation made on April 17, 2007, City Staff began working with representatives from the San Diego REPertory Theatre and Jeff Katz Architecture to come up with a proposal for creating a rehearsal space/ prop shop in the eastem portion of the former I.ihrary building, (Arts Center). Jeff Katz architecture was also asked to develop a schematic proposal to renovate the former t.ocal History Room into an art gallery with a separate entrance to highlight local artists and initiate fundraising efforts for arts programming in our community. -The City Attorney and legal representatives from the San Diego REPertory Theatre (REP) have now developed a Lease Agreement to have the REP occupy the Arts Center for rehearsals, building of scenery and to help develop cultural programming for the National City community. Environmental Review J N/A Financial Statement Approximately $1.4 Million from a Redevelopment Agency Bond issuance. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the City of National City approve the attached lease agreement with the San Diego REPertory Theatre to use the eastem portion of the former Library Building (Arts Center) under the terms listed in the attachment. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Lease Agreement between City of National City and the San Diego REPertory Theatre A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO YEAR LEASE AGREEMENT, WHICH INCLUDES AN OPTION TO RENEW, WITH THE SAN DIEGO REPERTORY THEATRE TO LEASE SPACE IN THE FORMER PUBLIC LIBRARY BUILDING FOR REHEARSAL SPACE AND A PROPERTY SHOP, AND TO FACILITATE PROGRAMMING FOR A FUTURE ARTS CENTER AT THE SITE WHEREAS, through a Redevelopment Agency Bond issuance, approximately $1.4 Million was contributed to the City of National City for the purpose of creating a Community Art Center; and WHEREAS, the former National City Public Library was chosen as the location for the Art Center; and WHEREAS, the Art Center project was put on hold due to ongoing operational costs and the City's budget constraints; and WHEREAS, the San Diego REPertory Theatre desires to rent the vacant space in the former Public Library for theatrical rehearsals and the building of props for their performances, to make workshops and classes in the performing arts available to the citizens of National City, and to build partnerships with local and regional performing arts groups that support the long-term goal of creating a cultural arts district in National City, and WHEREAS, the San Diego REPertory Theatre has a solid reputation for working with diverse visual and performance art groups, and collaboration with an arts organization of this caliber and scope could be beneficial to the community and to the City's future goal of creating a Cultural Arts District. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a two-year Lease Agreement, which includes an option to renew for one year, with the San Diego REPertory Theatre to lease space in the former National City Public Library building for rehearsal space and a property shop, and to facilitate programming for a future Arts Center at the site. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT .AEETING DATE February 19, 2008 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TERMINATION OF THE SPECIAL CONTRACT BETWEEN THE REGIONAL SOLID WASTE ASSOCIATION AND THE CITY OF NATIONAL CITY, AND RESCINDING RESOLUTION NO. 97-118 PREPARED BY George H. Eiser, III -v DEPARTMENT City Attorney (Ext. 4221) J EXPLANATION Please see attached memorandum. Environmental Review 4 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Proposed Agreement Resolution 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, ill • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE:: February 5, 2008 FROM: City Attorney SUBJECT: Agreement to Terminate the Special Contract with the Regional Solid Waste Association The February. 19 City Council agenda includes an item regarding an Agreement Terminating the Special Contract between the City of National City and the Regional Solid Waste Association. The Regional Solid Waste Association ("RSWA") was established in September. 1997, as a joint powers agency formed by several cites in San Diego County. There are currently seven member cities, including National City. RSWA was tbrmed in order to find a solution to the disposal of solid waste by member cities after the County ceased performing that function. Pursuant to Resolution No. 97-118, adopted on September 16, 1997, the National City City Council authorized the City to join RSWA as a "Special Contract Party", and the City subsequently entered into a "Special Contract" with RSWA. National City held this status because it had opted out of the transmittal of its solid waste to the Vista Transfer Station, which was being considered at that time. Because National City had Special Contract Party status, the City's representative, Mayor Morrison, abstained from voting on any RSWA issues that pertained to the Vista Transfer Station. The Vista Transfer Station Project has since been abandoned by RSWA. Accordingly, there is no longer any reason for National City to have Special Contract Party status. The proposed resolution would authorize the Mayor to execute an Agreement between the City and RSWA terminating the Special Contract, thus eliminating the City's Special Contract Party status. The resolution would also rescind Resolution No. 97-1 18, which had initially authorized the Special Contract. GEORGE n. EISER, 111 City Attorney GHEigmo ® Recycled Paper AGREEMENT FOR TERMINATION OF SPECIAL CONTRACT BETWEEN THE REGIONAL SOLID WASTE ASSOCIATION AND THE CITY OF NATIONAL CITY This Agreement for Termination of Special Contract is entered into by and between the Regional Solid Waste Association ("RSWA"), a joint powers authority, and the City of National City ("National City"), a municipal corporation. RECITALS A. The Regional Solid Waste Association ("RSWA") was established in September 1997 pursuant to the Regional Solid Waste Association Joint Powers Agreement ("Joint Powers Agreement") dated September 1, 1997. B. The City of National City ("National City"), pursuant to City Council Resolution No. 97-118, approved National City becoming a member of RSWA as a Special Contract Party in accordance with Section V of the Joint Powers Agreement. C. On September 16, 1997, the Joint Powers Agreement was executed on behalf of National City. D. Subsequently, the Special Contract Between RSWA and National City ("Special Contract"), dated July 1, 1998, was entered into, through which National City became obligated to perform the duties and entitled to exercise the rights of a PARTY to the Joint Powers Agreement, except as expressly modified by the Special Contract. E. The express modifications of the Special Contract related generally to the development of, use of, payment for, operation of and RSWA voting rights relating to a solid waste transfer station then proposed to be located in northern San Diego County. F. Ultimately, the proposed solid waste transfer station was not developed by RSWA. RSWA has no present intent to pursue development of such a transfer station. Page 1 of 3 2/7/2008 11:51 AM 559499.1 G. As a result, National City and RSWA intend to terminate the Special Contract in order to (a) eliminate any special contract limitations on the duties and rights of National City as a member of RSWA and (b) confirm National City's full participation in RSWA in accordance with the Joint Powers Agreement. NOW, THEREFORE, based on the mutual promises contained herein, National City and RSWA hereby agree as follows: 1. The Special Contract Between RSWA and National City shall be deemed terminated effective April 3, 2008. 2. National City and RSWA acknowledge and agree that, as of April 3, 2008, National City shall, in all respects and without limitation, be obligated to perform the duties and entitled to exercise the rights of a PARTY to the Regional Solid Waste Association Joint Powers Agreement dated September 1, 1997. 3. National City hereby reaffirms and ratifies, without any special contract limitations, its September 16, 1997 execution of the Regional Solid Waste Association Joint Powers Agreement dated September 1, 1997. 4. The Recitals above are hereby incorporated in this paragraph as though fully set forth herein and each party to this Agreement acknowledges and agrees that such party is bound, for purposes of this Agreement, by the same. CITY OF NATIONAL CITY Dated: , 2008 By: , Mayor Page 2 of 3 2/7/2008 11:51 AM 5594991 ATTESTATION AND CERTIFICATE: I hereby certify that this Contract is executed by the Mayor of the City of National City in accordance with the authority granted on , 2008 by action of the City Council of the City of National City taken at a properly noticed meeting of the City Council. Dated: , 2008 By: City Clerk REGIONAL SOLID WASTE ASSOCIATION Dated: 2008 By: Mickey Cafagna, Chairman ATTESTATION AND CERTIFICATE: I hereby certify that this agreement is executed by the Chairman of the Board of Directors of the RSWA in accordance with the authority granted on 2008 by Board of Directors action taken at a properly noticed meeting of the Board of Directors. Dated: , 2008 By: , Board Secretary Page 3 of 3 2/7/2008 11:51 AM 559499.1 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TERMINATION OF THE SPECIAL CONTRACT BETWEEN THE REGIONAL SOLID WASTE ASSOCIATION AND THE CITY OF NATIONAL CITY, AND RESCINDING RESOLUTION NO. 97-118 WHEREAS, the Regional Solid Waste Association ("RSWA") was established in September, 1997, as a joint powers agency formed by several cities in San Diego County, including National City, in order to find a solution to the disposal of solid waste by member cities after the County ceased performing that function; and WHEREAS, Resolution No. 97-118, adopted on September 16, 1997, authorized the City to join RSWA as a "Special Contract Party", and the City subsequently entered into a "Special Contract" with RSWA. National City held this status because it had opted out of the transmittal of its solid waste to the Vista Transfer Station, which was being considered at that time; and WHEREAS, because the Vista Transfer Station Project has since been abandoned by RSWA, there is no longer any reason for National City to have Special Contract Party status. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City and RSWA terminating the Special Contract, thus eliminating the City's Special Contract Party status. BE IT FURTHER RESOLVED that Resolution 97-118, which had initially authorized the Special Contract, is hereby rescinded. PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, I(I City Attorney City of National City, California COUNCIL AGENDA STATEMENT 12 .AEETING DATE February 19, 2008 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF TIIE CTTY OF NATIONAL CITY AUTHORIZING THE ACTING BUILDING AND SAFETY DIRECTOR TO SUBMIT A GRANT APPLICATION WORTH $95,000 FOR TIIE WASTE TIRE ENFORCEMENT GRANT TO THF. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR FISCAL YEAR 2007/08 PREPARED BY Tony Garcia DEPARTMENT Building and Safety (Ext. 4213) EXPLANATION The California Integrated Waste Management Board (CIWMR) has announced the availability of funds under the Waste Tire Enforcement Grant to further the State of California's efforts to reduce, recycle, and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. The City's Building and Safety Department would like to participate in this grant opportunity. In order to participate, the CIWMB requires the Applicant's governing body to certify by resolution its approval of the submittal of a Grant Application for the Waste Tire Enforcement Grant to the CIWMB. Staff recommends that the Acting Building and Safety Director be authorized to submit a grant application worth $95,000 to the CIWMB for Fiscal Ycar 2007/08. Environmental Review 1 N/A Financial Statement Approved By: Finance Director Minor impact; the Waste Tire Enforcement Grant is a reimbursable grant that would require funds to be spent by the City and reimbursement requests he submitted to the CIWMB for reimbursement. Account No. STAFF RECOMMENDATION Staff recommends that the Acting Building and Safety Director be authorized to submit a grant application worth $95,000 to the CIWMB for Fiscal Year 2007/08. BOARD / COMMISSION RECOMMENDATION ditu, ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD IN THE AMOUNT OF $95,000 FOR THE WASTE TIRE ENFORCEMENT GRANT FOR FISCAL YEAR 2007/08 WHEREAS, Public Resources Code Section 40000 et seq. authorize the California Integrated Waste Management Board (CIWMB) to administer various Grant Programs in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, the CIWMB is required to establish necessary procedures governing the application, awarding and management of the Grants; and WHEREAS, procedures established by the State and the CIWMB require the City Council to certify by resolution its approval of the submittal of a Grant Application for the Waste Tire Enforcement Grant in the amount of $95,000 to the CIWMB; and WHEREAS, if awarded a Grant, the City of National City will enter into a Grant Agreement with the CIWMB for implementation of the Waste Tire Enforcement Grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an Application to the CIWMB for a Waste Tire Enforcement Grant in the amount of $95,000 for Fiscal Year 2007/08. PASSED and ADOPTED this 19th 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 .EETING DATE February 19, 2008 AGENDA ITEM NO. 13 ITEM TITLE PREPARED BY EXPLANATION Warrant Register # 29 for the period of 01/09/08 through 01/15/08 in the Amount of $1,341,595.04 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 619-3364331 Per Government Section Code 37208, attached are the warrants issued for the period of 01/09/08 through 01/15/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Public Emp. Ret. Sys. 218718 237,197.96 Payroll Various 880,975.79 Explanation Emp. Retirement PPE 12/31/07 CPapiiirimental Review N/A (Financial Statement Not applicable. >STAFF RECOMMENDATION MIS Approval Approved By: Finance Director Account No. Ratification of warrants in the amount of $ 1,341,595.04 BOARD / COMMISSION RECOMMENDATION 1. Warrant gister #29 l.�G ATTACHMENTS ( Listed Below ) Resolution No. A•200 (Rev. 7/03) PAYEE KIRK.L NI)AI.1. City of National City WARRANT REGISTER # 29 1/15/2008 DESCRIPTION CIIK NO DATE AMOUNT SUBSISTENCE - DEATH IN VESfIGA"I1 218685 I / 10/2008 363.67 218686 1/15/2008 268.50 AMEDEF TRAVEL EXP/MDC GIS MEETING 218687 1/15/2008 298.03 ASIAN JOURNAL. ADVERTISING/EXECUTIVE ASSIST 218688 1/15/2008 300.00 CALIFORNIA PEACE OFFICERS' TUITION./P M U COURSE 218689 1/I5/2008 167.00 CALIFORNIA PEACE OFFICERS' TUITION/BILL OF RIGIITS ACl' 218690 1/15/2008 120.00 CALPELRA MEMBERSIIIP/STACEY STEVENSON 218691 1/15/2008 310.00 CITY OF NATIONAL CITY PET.'Y CASI I NOV 2007 218692 1/15/2008 667.67 rORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 218693 1/15/2008 259.50 ..'ORSON C'I.AIM/L RAZO V. CITY OF N C 218694 1/15/2008 450.00 COUNTY OF SAN I)IF.GO PARKING PENALTY ASSESSMENT 218695 1/15/2008 11,841.00 DALI.A TRAVEL & SUBSISTENCE 218696 1/15/2008 692.38 DIXIELINE LUMBER CO. MOP 45707 PAINTING SUPPLIES 218697 1/15/2008 115.59 EISER 111 "TRAVEL EXP/E D SEMINAR 218698 1/15/2008 414.55 EL LATINO ADVERTISING/COORDINATOR 218699 1/15/2008 112.00 GROSSMAN PSYCHOLOGICAL ASSOC. MEDICAL SERVICES 218700 1/15/2008 750.00 IIARLAN SUBSISTENCE & TRAVEL.. 218701 1/15/2008 578.93 I IARRIS &. ASSOCIATES NOVEMBER 2007 SERVICES 218702 1/15/2008 19,313.41 HERNANDEZ SUL3SISI'FNCF &'TRAVEL. 218703 1/15/2008 730.21 LASER SAVER INC OFFICE OFFICE 218704 1/15/2008 322.61 LFXIS-NI:XIS CA DAMAGES LAW & PROOF 218705 1/15/2008 138.72 FBFR'T CASSIDY WHITMORE L.F.GA!. SERVICES NOV 2007 218706 1/15/2008 1,300.00 LIEBERT CASSIDY WHITMORE NOVEMI3ER LEGAL SERVICES 218707 1/15/2008 81.00 MARCI KILIAN, VISTA CITY CLERK LEAGUE CITY/LUNCH DUES 218708 1/15/2008 1,000.00 ADDICTION MEDICINE CONS111.TANTS MEDICAL SERVICES City of National City WARRANT REGISTER :! 29 1/15/2008 MARTINEZ CALPAC:.S/TRAINING 218709 1/15/2008 '56.26 MCGREGOR 07 TRAINING OFFICERS SYMPOSIUM 218710 1/15/2008 416.83 MEXICAN AMERICAN BUSINESS & MABPA 2008 MEMBERSHIP 218711 III5/2008 250.00 MORA 07 TRAINING OFFICERS SYMPOSIUM 218712 1/15/2008 2,748.68 NAVY DISPATCII NEWSPAPERS ADVERTISING/POLICE RECRUIT 218113 1/15/2008 325.00 PHIL CONCERT BAND'S DEC PERF 218714 1/15/2008 125.011 PMW ASSOCIATES TUITION/I,AW ENFORCEMENT 218715 1/15/2008 406.00 PORAC LAW ENFORCEMENT NEWS ADVERTISING/POLICE RECRUIT 218716 1/15/2008 516.00 PRUDENTIAL OVERALL SUPPLY MOT' 45742 CLEANING SERVICES 218717 1/15/2008 139.46 PUBLIC EMI' RETIREMENT SYSTEM SERVICE PERIOD 12-07-5 218718 1/15/2008 237,197.96 REEDER EDU(: REIMB/CITY PLANNING 218719 1/15/2008 1,200.6. RIVERSIDE. COIJNTY SHERIFF DEP'T' T'1IITION/CRIMINAL INVESTIGATION 218720 1/15/2008 115.00 ROE WORKSHOP EXPENSES 218721 1/15/2008 20.25 SIIARI' REES-STEALY MED GROUP MEDICAL SERVICES 218722 1/15/2008 250.00 SILVA 2007 TRAINING OFFICERS SYMPOSIU 218723 1/15/2008 435.41 SMART & FINAL MOP 45756 MISCELLANEOUS 218724 1/15/2008 143.27 S'T'RATACOM MOP 63845 P 0 A TIMESHEETS 218725 1/15/2008 792.97 U S IIEAI,THWORKS MEDICAL SERVICES 218726 1/15/2008 352.00 UNION SECURITY INSURANCE CO. VTL JANUARY 2008 218727 1/15'2008 2,322.31 UNION TRIBUNE PUBLISHING CO ADVERTISING/EMPLOYMENTS 218728 1/15/2008 1,675.00 UNION TRIBUNE PUBLISHING CO WINTER CONCERT 218729 1/15/2008 379.80 ALt, AMERICAN SEWER WOOLS REDUCER WYE COIJPLING 218730 I/15/2008 389.05 AMERICAN HOMELAND SOLUTIONS ICS 300 & IC'S 400 TRAINING 218731 1/15/2008 4,895 AZTEC APPLIANCE REFRIGERATOR 218732 1/15/2008 429.92 BATTERY SPECIALTIES DRY CEI.1, BATTERIES 218733 1/15/2008 196.76 City of National City WARRANT REGISTER # 29 1/15/2008 CALIFORNIA COMMERCIAI. ASPHALT ASPHALT C11ILDREN'S HOSPITAL (ANGULAR WIRELESS CONSTRUCTION ELECTRONICS INC. 1)APPER TIRE COMPANY' DATA TICKET INC EMERGENCY EQPT. ENGINEERING EXPER(AN G/M Bl ISINESS INTERIORS -'':NF.SIS COATINGS. INC. CHILD SEXUAL ABUSE EXAMS DATA CONNECTION TIIROUGH PI) MAINTENANCE FOR Al .ARM ACCES TIRES PC PROCESSING, APPEALS CUFFS /STANDARD/NICKEL CREDIT CHECKS FOR NEW PI) EMP FINANCE DEP'L' Ft7RNITURE GRAFFITI REMOVAL. GROSSMAN PSYCHOLOGK:AI. ASSOC. ASSIST PROGRAM JAN,FEB &. MAR 0 INSPECTOR 'TOOLS J & M KEYSTONE INC LINCOI.N EQUIPMENT INC. LOPEZ, MAINTEX, INC MAINTEX, INC. MAN K-9 INC. NICK VENT ONE SOURCE DISTRIBUTORS ORS OUT BACK MANUFAC'I ( IR ING R.J. SAFE TY SUPPLY .UN BADGE COMPANY INC. THE STAR NEWS TIJOMSON WliS'l' IRAMEX MOISTURE METER REPLACE TOT' OF BENCI I SEAT CHEMICAL. FEED PUMI' TRANSLATION SVCS ON 1/8/08 DUSTPAN, PLASTIC LOBBY JANITORIAL SUPPI.IES WEEKLY MAINTENANCE TRAINING IN SERVICE TRAINING CIRCUIT BREAKER MOTORCYCLE RADIO HARNESS RAINSUIT, SIJRVEYOR VEST REGULAR SI INTONE BAI)(IF.S, POLIC ADVERTISING OF BIDS & AUCTIONS LEGAL NIBLICATIONS 218734 218735 218736 218737 218738 218739 218740 218741 218742 218743 218744 218745 218746 218747 218748 218749 218750 2.18751 218752 218753 218754 218755 218756 218757 218758 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2008 1/15/2005 1/15/2008 1/15/2008 1/15/2008 1,058.97 386.00 1,879.32 843.55 1,736.39 1,941.00 44.66 25.24 )6,356.92 352.21 2,457.50 379.54 1,984.00 747.47 100.00 1,643.62 2,314.48 600.00 3,600.00 870.00 358.50 148.08 2,342.80 38.44 1,816.83 City of National City WARRANT REGISTER # 29 1/15/2008 VALLEY INDUSTRIAL SPECIALTIES EYE WASH, EMERGF.NC:Y 218759 1/15/2008 1,565.04 VLRIZON WIRELESS CITY CELI. PHONES 11/27-12!26/07 218760 1/1512008 948.86 VISTA PAINT GRAFFITI PAINT 218761 1/15/2008 251.39 AIRGAS-WEST MOP #45714 DRIVERS GLOVES 218762 1/15/2008 90.47 AMERICAN ROTARY BROOM CO., INC SWEEPER REPAIRS 218763 1/15/2008 1,057.46 ARCO GASPRO PLUS FIIEI. FOR CITY FLEE? I 218764 I/I5.2008 24,497.28 ART D. NIELSEN PAINTING, INC. CITY-WIDE PAINTING 218765 1/15/2008 559.00 AS7RO MECHANICAL CONTRACTORS REPAIR/MAINTENANCE OF IIVAC SY 218766 1/15/2008 1,851.01 CALIFORNIA DIESEL COMPLIANCE OPACITY TESTING (SAE J1667 SNAP 218767 1/15/2008 1,045.00 CLEAN HARBORS HAZARDOUS WASTE PICK UP 218768 1/15/2008 873.00 L)ANIEL PEARCE/ RPM WELDING MOP #45749 FABRICATE WRENCHES 218769 1/15/2008 237.E DAI'I'1:R "I IRI: COMPANY TIRES•FOR CITY FLEET 218770 I/15/2008 14135 DIXIFLINE LUMBER CO. MOP #45707 CONCRETE MIX 218771 1/15/2008 157.74 FERGUSON ENTERPRISES, INC MOP #45723 VAVLE ASSEMBLY, COI 218772 1/15/2008 437.50 FLEET SERVICES, INC MOP #67804 ROTORS, REMAN CALIF 218773 1/15/2008 517.85 J & M CARPET SERVICE CITY-WIDE CARPET CLEANING 218774 1/15/2008 125.00 NATIONAL CITY CAR WASH CAR WASHES FOR CITY FLEET 218775 1/15/2008 144.00 NIXON EGLI EQUIPMENT CO. SWEEPER REPAIR PARTS 218776 1/15/2008 246.61 ORKIN PEST CONTROL PEST MALNTE..NANCE FOR CITY BLI)( 218777 1/15/2008 273.75 PARTS PLUS AUTOSTORE #711 MOP #64946 POWER. HOSE. 218778 I/15/2008 38.24 PBS&J ON -GOING SEWER Bll.IJTAX ROL1. 218779 1/15/2008 4,099.50 PERRY FORD MOP #45703 ALIGN WEIEELS 218780 I/15/2008 526.64 POWERSTRIDE BATTERY CO INC MOP #67839 BATTERIES 218781 1/15/2008 159 PRUDENTIAL OVERALL SUPPLY MOP #45742 UNIFORMS - PARKS 218782 1/15/2008 357.36 SD BMW MOTORCYCLES REPAIRS/MAINTENANCE OF VEHICI, 218783 1/15/2008 420.42 City of National City WARRANT REGISTER # 29 1/15/2008 SDG&E STREET DIVISION 218784 1/15/2008 54,578.79 SOUTHWEST SIGNAL SERVICE:, INC. TRAFFIC SIGNAL/STREET LIGHTING 218785 1/15/2008 8,329.97 SWEETWATE.R AII"I'IIORITY STREI. 1 DIVISION 218786 1/ 15/2008 407.33 TARULI.I "FIRE SAN DIEGO INC: MOP 1447940 SWEEPER TIRES REPAIR 218787 1/15;2008 98.00 THE LIGHTHOUSE, INC. MOP t 45726 LED LIGIIll WADS 218788 1/15/2008 269.1 1 TURNER'S PORTABLE WELDING LABOR, WELD ALUMINUM CRACKS 218789 1/15/2008 600.00 WA"IF.RLINE TECHNOLOGIES ('III:MICALS FOR MUNICIPAL POOL. 218790 1/I5/2008 480.74 Workers compensation checks 'Total 445,785.41 14370 1/9/2008 45.81 14371 1/9/2008 440.00 14372 1/9/2008 440.00 14373 1 /9/2008 1,412.86 14374 1 /9/2008 440.00 14375 1/9/2008 171.79 14376 1/9/2008 6,577. II) 14377 1/9/2008 1.418.98 14378 1/9/2008 20.03 14379 Ii10/2008 14 5i 14380 1/10/2008 65.73 14381 I/1072008 5.86 14382 I/11/2008 100.80 14383 1/11/2008 428.95 14384 1/14/2008 88.45 14385 1/14/2008 5.45 PAYROLL Pay period Sun Dale City of National City WARRANT REGISTER # 29 1/15/2008 End Date Check Date 12'182007 12/3112007 "Total Total 7- 14386 1/15/2008 1,497.78 14387 111512008 1.319.50 14388 1/15/2008 340.00 14,833.84 460,619.25 I /9; 2008 880,97 5.79 GRAND TOTAL 1,341,595.1 City of National City Warrant Register # 29 1/15/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXLS FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 172 TRASII RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRAN T-C.D.R.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 971,459.66 24, 558.09 20,590.91 4,185.71 2,327.83 21,073.00 105.17 3,208.64 394.19 2,861.55 490.35 7,940.83 800.71 46,761.27 2,926.64 2,328.24 3,392.48 8,691.00 3,255.65 1,550.41 4,147.18 34,444.55 5,075.05 3,842.83 53,674.33 18,917.96 10,082.10 5,044.01 16,375.23 5,484.92 14,311.42 41,293.13 Total 1,341,595.04 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE February 19, 2008 AGENDA ITEM NO. 14 / ITEM TITLE Warrant Register # 30 for the period of 01/16/08 through 01/22/Uri in the Amount of $117,664.96 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladndo 619-336-1331 EXPLANATION Per Government Section Code 37208, attached are the warrants issued for the period of 01/16/08 through 01/22/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation J 1 Environmental Review N/A MIS Approval Financial Statement Not applicable. >STAFF RECOMMENDATION Ratification of warrants in the amount of $ 117,664.96 BOARD / COMMISSION RECOMMENDATION 1. /Warrant Register 30 Ve0), Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. A-200 (Rev. 7/03) City of National City WARRANT REGISTER # 30 1/22/2008 Payee Description chk date amount CANO TRAVEL EXP/MDC GIS MEETING 218791 1/16/2008 298.03 3T EQUIPMENT COMPANY, INC. RTS PUSH CAMERA SYSTEM 218792 1/22/2008 8,427.04 ADAMSON POLICE PRODUCTS SAFETY VESTS AND COVERS 218793 1/22/2008 1,451.99 ALEXANDER'S LEGAL SEMINARS SD CIVIL LITIGATION MANUAL 218794 1/22/2008 41.87 AMERIC'AN ROTARY BROOM CO., INC MOP 1/62683 SWEEPER PARTS 218795 1/22/2008 264.53 A'C&'IYMC1 PIIONE 619 336-1080 11/01-12/12/07 218796 1/22/2008 281.30 .11S'l'IN DOORS CITY-WIDE DOOR REPAIRS 218797 1/22/2008 426.00 ‘1.1'S RENTALS RENTAL. FEE, SCARIFIER SURFACE 218798 1/22/2008 437.47 BLACKIE'S TROPHIES AND AWARDS MOP 67727 TAGS 218799 1/22/2008 10.83 BOEGLER SUBSISTENCE&TRAVEL/SEMINAR 218800 1/22/2008 904.68 CAL EXPRESS COURT FILING 218801 1/22/2008 38.40 CALIFORNIA ELECTRIC SUPPLY MOP #45698 ROD BOX, COVER, WIRE 218802 1/22/2008 396.70 C:F1,S0H: 2008 CELSOC PUBLICATIONS 218803 1/22/2008 443.71 CHEI.►lJS EDUCATIONAL REIMBURSEMENT 218804 1/22/2008 79.00 CHOICEPOINT AUTO "CRACK DATABASE- DEC 2007 218805 1/22/2008 100.00 CHULA VISTA BLUEPRINT CO. COPIES OF PLANS 218806 1/22/2008 18.32 CONDON RETIREE IIEALTJI BENEFITS JAN'08 218807 1/22/2008 280.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 218808 1/22/2008 335.14 'OUNTY OF SAN DIEGO MAIL. PROCESSING - 11/16-12/15/07 218809 1/22/2008 2,790.72 OA TUITION/LEGAL IJPDA"CE 218810 1/22/2008 271.00 CPOA TUITION/LEGAL UPDATE 218811 1/22/2008 271.00 DAI.EY & LLEFT 1.I.1' CLAIM/LETICIA RAZO V. CITY OF NC 218812 1/22/2008 1,851.07 Payee I)ELTACARE (PMI) City of National City WARRANT REGISTER # 30 1/22/2008 Description DEN7'AI. INS PMI JANUARY 2008 DEPARTMENT OF TRANSPORTATION 11IGIIWAY LIGHTING DISCOl1NT SPECIALTY CHEMICALS DIXIEI.INE LUMBER CO. DONAI.D JASMUND I )O11C1 1TE DREW FORD DSE, EXTREME ENTERPRISE CAR SALES ERGOMETRICS ESPIRITU FEDEX FEDEX FEDEX FLEET SERVICES, INC FLEETPRIDE GORMSEN APPLIANCE CO GRAINGER I IIGGINBOTHAN JOIEN DEERE LANDSCAPES KAMAN LASER SAVER INC LF.XIS-NEXIS ENZYMES, LIQUID MOP 45707 H'ITRY/RECHARGABLE DRIVERS LICENSE RE/MB SI II3SISTENCE/1.EGAI. UPDATE MOP #49078 SENSORS DS1. INTERNET LINE FOR REC CENT BI IICK LA CROSSE CX, 2007 FIRE TEAM TESTING/ASSESSMENT SUBSISTENCE & TRAVEL/SEMINAR HOUSING ELEMENT TO STATE FEDEX EXPRESS SER VICES FEDEX PRIORITY OVERNIGHT MOP #67804 CAI.IPER WAVER PUMP MAINTENANCE/REPAIR OF APPLIAN MOP #651 79 SHELVES REFUND/DO( LICENSE FEE MOI' #69277 BLADES, PIPE CUTLER SPROCKETS MOP 45725 TONER HP COMP ONLINE CHARGES DEC 2007 chk date 218813 218814 218815 218816 218817 218818 218819 218820 218821 218822 218823 218824 218825 218826 218827 218828 218829 218830 218831 218832 218833 218834 218835 amount 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 1/22/2008 3,563.95 1,866.30 229.53 175.50 39.00 377.52 191.1` 53.8 16,342.41 7,104.60 904.68 65.44 30.73 17.04 174.45 73.61 102.45 634.17 20.01 123.6' 172.53 92.38 378.40 City of National City WARRANT REGISTER # 30 1/22/2008 Pavee Description chk date amount LEXIS-NEXIS CA DEER DESKTOP CODE SET 2008 218836 1/22/2008 247.74 LEXIS-NEXIS CA PAR KI.:RS LARMAC INDEX 2008 218837 I/22/2008 160.30 LEXIS-NEXIS CA CODES 6 IN 2 2008 218838 1/22/2008 110.13 LEXIS-NEXIS CA PENAL. CODE 2008 218839 1/22/2008 57.43 MARCO'S CANOPIES. INC. CANOPY, I0X16 COMPLETE SI.ANI'EI 218840 1/22/2008 326.48 MAYER HOFFMAN MCCANN P.C. FIFTH BILLING ENDED JUNE 2007 218841 1/22/2008 14,630.00 .INUTEMAN PRESS MOP 47939 PRINTING & BINDING 218842 1/22/2008 521.83 ,4()1I'OROLA '05 CONTROL IIEAI) MOTORCYCLE 218843 1/22/2008 5,054.39 MX LOGIC, INC MAIL. FILTER/WEB FILTER SVC JAN 218844 1/22/2008 441.00 NAPA AUTO PARTS MOP #45735 AUTO PART 218845 1/22/2008 451.81 NATIONAL ALLERGY SUPPLY INC. BEDCARE MA'ITRESS ENCASING 218846 1/22/2008 890.95 PARTS PLUS AUTOSTORE #711 MOP #64946 DOOR ROLLER PIN 218847 1/22/2008 24.52 PERRY FORD MOP #45703 AUTO PARTS 218848 I/22/2008 769.75 POWERS'1'RIDE BATTERY CO INC MOP #67839 BA'1TERIES 218849 1/22/2008 259.17 PROGRESSIVE SOLUTIONS INC. LICENSE TRACK 218850 1/22/2008 7,333.28 PRUDENTIAL OVERALL. SIJPPI..Y M(I)P 45742 CLEANING SERVICE 218851 1/22/2008 63.06 RAND)AI.I. IZE 1'IREE HEALT►I BENEFITS JAN'08 218852 1/22/2008 140.00 REGIONAI, COMMUNICATIONS SYSTED 1'D RADIO COMMUNICATION - DEC 0 218853 1/22/2008 8,981.81 'VERSIDE COUNTY SHERIFF DEPT TUITION/DUI COI RSF 218854 1/22/2008 288.00 )N BAKER CIIIiVROLET-GEO-ISUZU LABOR, REPLACE TIIE:F'I DETERANI 218855 1/22/2008 718.36 RO1JS'I'ON PESTICIDE SPRAY LICENSE REIMB 218856 1/22/2008 60,00 SAN I)IEGO PET & I.AH SUPPLY MOP 45753 TO REPLACE # 163489 218857 1/22/2008 1,476.27 City of National City WARRANT REGISTER # 30 1/22/2008 Payee Description chk date amount SD BMW MOTORCYCLES REPAIRS/MAINTENANCE OF VEHICL 218858 1/22/2008 49.58 SHANAHAN SUBSISTENCE/DUI COURSE 218859 1/22/2008 474.21 SHRED -IT SHREDDING/FINANCE DOCUMENT'S 218860 1/22/2008 195.00 SOI.ANA CENTER RECYCLED PROMOTIONAL ITEMS 218861 l/22/2008 330.00 SOUTH BAY WINDOW & GLASS CO GLASS 218862 P22/2008 130.50 SPARKLETTS WATER SERVICES DEC 07 218863 1/22/2008 100.00 STANDARD AUTO RECYCLING ENGINE 218864 1/22/2008 2,063.7 STEVENSON C}IRISTMAS PARTY REIMB 218865 I/22/2008 70.5 STRA FACOM MOP 63845 PRINTING 218866 1/22/2008 109.84 SIIPERIOR READY MIX CONCRETE CONCRETE 218867 1/22/2008 2.416.81 TELLEZ SUBSISTENCE & TRAVEL/SEMINAR 218868 1/22/2008 904.68 TELLEZ SIJBSISTENCE/I.EGAL UPDATE 218869 1/22/2008 312.00 THE SOLO GROUP INC DIESEL FUEL. 218870 1/22/2008 7,845.69 U.S BANK CORPORA'IT. PAYMENT SYS CREDIT CARD FEES 218871 1/22/2008 495.00 UNDERGROUND SERV ALERT UNDERGROI,`N'D SVC AI.ERT FEES 218872 1/22/2008 86.40 VALLEY INDUSTRIAL. SPECIALTIES MOP #46453 FAUCET, AERATOR 218873 1/22/2008 375.50 WEBB SUBSISTENCE/DUI DETECTION 218874 1/22/2008 474.21 WILLY'S ELECTRONIC SUPPLY MOP .#45763 CAPS, TEST PRODS 218875 1/22/2008 20.80 WPD WIPER BLADES 218876 1/22/2008 76.18 ZEFERIN'O SUBSISTENCE/DUI COIJRSE 218877 1/22/2008 474.2 Total $112,165.8,1 Workers compensation checks I'avice City of National City WARRANT REGISTER # 30 1/22/2008 Description clik date amount 14389 1/16/2008 370.00 14390 1/16/2008 400.00 14391 1/16/2008 525.00 14392 1/16/2008 506.00 14393 1 / 1612008 400.00 14394 1/16/2008 440.00 14395 1/16/2008 460.00 14396 1/16/2008 32.30 14397 1/16/2008 47.72 14398 1/18/2008 . 391.00 14399 1/18/2008 72.14 14400 1/18/2008 174.17 14401 1/18/2008 94.50 14402 1/18/2008 7.29 14403 1 / 21 /2008 152.00 14404 1/22/2008 967.00 14405 1/22/2008 460.00 Total $5,499.12 (;rand Total $ 117,664.96 City of National City Warrant Register # 30 1/22/2008 001 GENERAL FUND 29,425.60 105 PARKS MAINTENANCE FUND 566.39 108 LIBRARY CAPITAL OUTLAY 0.00 111 P.O.S.T. FUND 5,242.64 125 SEWER SERVICE FUND 8,513.44 131 ASSET FORFEITURE FUND 649.43 172 TRASH RATE STABILIZATION FUND 330.00 212 PERSONNEL COMPENSATION FUND 420.00 294 HUD HEALTHY HOMES GRANT 890.95 302 CDC PAYMENTS 304.74 307 PROPOSITION A" FUND 18.32 552 TDA 7,845.69 626 FACILITIES MAINT FUND 1,871.13 627 LIABILITY INS. FUND 7,350.19 628 GENERAL SERVICES FUND 495.00 629 INFORMATION SYSTEMS MAINTENANC 16,756.09 631 TELECOMMUNICATIONS REVOLVING 335.18 632 GENERAL ACCOUNTING SERVICES 14,960.88 643 MOTOR VEHICLE SVC FUND 21,635.62 724 COBRA/RETIREE INSURANCE 53.67 Total $ 117,664.96 City of National City, California COUNCIL AGENDA STATEMENT .nEETING DATE February 19, 2008 AGENDA ITEM NO. 15 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING COUNCIL POLICY NO 203 PERTAINING TO THE CITY OF NATIONAL CITY INVESTMENT POLICY PREPARED BY EXPLANATION DEPARTMENT Jeanette Ladrido,CPA Finance x 4331 Finance Director City Council Policy Number 203 provides that the City's Investment Policy be reviewed annually. Per Council direction, investment policy updates are incorporated into our City Council Policy. Attached is the City Council Policy Number 203 with the revisions to the policy typed in italics and the deletions lined out. Environmental Review x N/A Financial Statement Not applicable Account No. STAFF RECOMMENDATION Staff recommends to approve the Resolution amending Council Policy 203. BOARD / COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Updated Investment Policy 3. Investment Policy with additions and deletions A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 203, entitled "Investments", is amended as recommended by the Finance Director. PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 1 Scope This policy applies to all the financial assets accounted for in the City of National City and the Community Development Commission of National City (hereafter referred to collectively as the "City"), Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Purpose The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the City's Invest- ment Policy and the authority governing investments for municipal govemments as set forth in the California Government Code, Sections 53601 through 53659. The in- vestment of bond proceeds are restricted by the provisions of relevant bond docu- ments. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment retum with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes goveming the invest- ment of idle funds. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the invest- ment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Fcb 19, 2008 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment retum. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CITY OF NATIONAL CITY ATTACIIMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City or the Commu- nity Development Commission of the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the Califomia govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes (see Figure 1 on page 16) 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of: (a) US Agency Bonds are notes and bonds of Federal Agencies, Government Spon- sored Enterprises and International institutions. Agencies are not the direct obliga- tion of the treasury but involve federal sponsorship or guarantees. (b) U.S. Treasury Obligations which are notes, bonds, bills or certificates of indebted- ness issued by the U.S. Treasury and are direct obligations of the Federal Gov- ernment. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 7 and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. MEDIUM -TERM NOTES are defined in Government Code Section 53601 as all cor- porate and depository institution debt securities with a maximum remaining maturity of five years or Tess, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdi- vision shall be rated "A" or better by nationally recognized rating service. Purchases of medium -term notes shall not include other instruments authorized by section 53601 and may not exceed 10% of the portfolio value. NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and earn either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new investments. Certain exceptions can be made upon the discretion of the Finance Director. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or AA, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateral- ized. Collateralized investment issue is limited to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Service (CDARS). CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placement service". The CDs are in increments of less than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. No more than 30% of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 8 COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San Diego Treasury which allows the County Treasurer -Tax Collector to invest local funds through a pooled concept. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity. INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Govemment Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Govemment Code; and no leverage is permitted in any of the accounts. The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the govemment codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. CITY OF NATIONAL CITY ATTACIIMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19,2008 9 Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Govemment Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody All investments of the City shall have the City of National City or the Community De- velopment Commission of the City of National City as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Account Registry Service (CDARS), and the Local Agency Investment Fund pool, no invest- ment may be made that would, as of the date a particular investment is being consid- ered, result in having more than 15% of the City's total investment portfolio being in- vested in a single security type or with a single financial institution. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 10 Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. CTTV CTF NATTCINAT. CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 11 Reporting The Finance Director shall render a quarterly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and retum, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 12 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 13 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage- Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance -A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds -The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization-Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper -An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds -The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon -The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate -The annual yield earned on an investment, expressed as a percentage. CITY OF NATIONAL CITY ATTACIILMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 14 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units. Fannie Mae -Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System -The central bank of the United States consists of a seven mem- ber Board of Govemors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Govemment. Liquidity -Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Medium -Term Notes — Instruments issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the united States. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 15 Sallie Mae — Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Govemment issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- emment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL CITY ATTACIIMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 FIGURE 1 Allowable Investment Instruments Per State Government Code 53601 Applicable to All Local Agencies Investment Type U.S. Treasury Obligations State of California Obligations CA Local Agency Obligations US Agencies Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium -Term Notes Mutual Funds Money Market Funds Collateralized Bank Deposits Mortgage Pass -Through Securities Time Deposits Pooled Investment Funds Maximum Maturity 5 years 5 years 5 years 5 years 270 days 180 days 5 years 1 year 92 days 5 years N/A N/A 5 years 5 years 5 years N/A Maximum % of Portfolio None None None None 40% 15% or 30% 30% None 20% of base 30% 20% 20% None 20% None None 16 Quality Requirements None None None None Fed Reserve Eligible Al/P1 rating None None None A rating Multiple Multiple None AA rating None None *See "permissible Investments as allowed in Govemment Codes" on page 6 for notes related to this figure. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 Jed CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 1 Scope This policy applies to all the financial assets accounted for in the City of National City and the Community Development Commission of National City (hereafter referred to collectively as the "City"), Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Purpose The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the City's Invest- ment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The in- vestment of bond proceeds are restricted by the provisions of relevant bond docu- ments. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment return with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes governing the invest- ment of idle funds. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the invest- ment policy and exercising due diligence shall be relieved of personal responsibility for an individual secur 's .creditlisk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACIIMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment return. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the retum on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall CITY Or NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 401 eel CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City or the Commu- nity Development Commission of the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes (see Figure 1 on page 16) 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of: (a) US Agency Bonds are notes and bonds of Federal Agencies, Govemment Spon- sored Enterprises and International institutions. Agencies are not the direct obliga- tion of the treasury but involve federal sponsorship or guarantees. (b) U.S. Treasury Obligations which are notes, bonds, bills or certificates of indebted- ness issued by the U.S. Treasury and are direct obligations of the Federal Gov CITY OF NATIONAL, CITY ADDITIONS AND DELETIONS ATTACHMENT 3 Jo" CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 7 BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. MEDIUM -TERM NOTES are defined in Govemment Code Section 53601 as all cor- porate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdi- vision shall be rated "A" or better by nationally recognized rating service. Purchases of medium -term notes shall not include other instruments authorized by section 53601 and may not exceed 10% of the portfolio value. NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and earn either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new investments. Certain exceptions can be made upon the discretion of the Finance Director. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or AA, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateral- ized. Collateralized investment issue is limited to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Service (CDARS). CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 8 CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placement service". The CDs are in increments of less than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. No more than 30% of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San Diego Treasury which allows the County Treasurer -Tax Collector to invest local funds through a pooled concept. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity. INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Govemment Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Govemment Code; and no leverage is permitted in any of the accounts. The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the government codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. CITY OF NATIONAL. CITY ADDITIONS AND DELETIONS ATTACIIMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 9 Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody All investments of the City shall have the City of National City or the Community De- velopment Commission of the City of National City as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Account Registry Service (CDARS), and the Local Agency Investment Fund pool, no invest- ment may be made that would, as of the date a particular investment is being consid- ered, result in having more than 15% of the City's total investment portfolio being in- vested in a single security type or with a single financial institution. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS CITY COUNCIL POLICY ATTACHMENT 3 TITLE: investments POLICY NUMBER . 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 10 Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. /\T ,. ♦ T ) �gwr�.rugy ADDITIONS AND DELETIONS ATI'ACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 11 Reporting The Finance Director shall render a quarterly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 12 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 13 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage- Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance —A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds —The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization—Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper —An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds —The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon —The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate —The annual yield earned on an investment, expressed as a percentage. CITY OF NATIONAL CITY ADDITIONS ANI) DELETIONS ATTACHMENT 3 New CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 14 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Govemors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) --Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAW) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Medium -Term Notes — Instruments issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the united States. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 15 Sallie Mae — Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- emment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL CITY tie" ADDITIONS AND DELETIONS CITY COUNCIL POLICY ATTACHMENT 3 TTI'LE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 FIGURE 1 Allowable Investment Instruments Per State Government Code Applicable to All Local Agencies Investment Type U.S. Treasury Obligations State of California Obligations CA Local Agency Obligations US Agencies Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium -Term Notes Mutual Funds Money Market Funds Collateralized Bank Deposits Mortgage Pass -Through Securities Time Deposits Pooled Investment Funds N/A Maximu m Maturity 5 years 5 years 5 years 5 years 270 days 180 days 5 years 1 year 92 days 5 years N/A N/A 5 years 5 years 5 years None Maximum % of Portfolio None None None None 40% 15% or 30% 30% None 20% of base 30% 20% 20% None 20% None None 16 Quality Requirements None None None None Fed Reserve Eligible Al/P1 rating None None None A rating Multiple Multiple None AA rating None *See "permissible Investments as allowed in Govemment Codes" on page 6 for notes related to this figure. CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 19, 2008 AGENDA ITEM NO. 16 ITEM TITLE Continued Public Hearing - Time Extension Request — "tentative Subdivision Map to Divide a 12,750 Square -Foot Property on the East Side of C Avenue Between 8th and 9th Street, into Eight Residential Lots with a Conditional Use Permit for One of the Lots to have an Accessory Living Unit (Applicants: Alfonso Reynoso, Adolfo Gallegos, and Edgar Herrera)(Case File No. S-2004-6/CUP-2004-18) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council held public hearings on this time extension request at their October 16, 2007, November 20, 2007 and December 18, 2007 meetings. The most recent background report (December 18, 2007) is attached for your review and documents events up to that time. At the December 18 meeting, Council continued the item for 60 days to allow time for staff to discuss with the developer about the possibility of including an affordable component in the subdivision. Per this direction, the City Manager and Planning staff met with the applicant on December 26, 2007 regarding the project. in a subsequent letter from Community 1)evelopment Executive Director Brad Raulston, the applicant was directed to submit relevant documents, including pro fi»ma analysis for staff review describing how affordable housing will or will not he incorporated into the project (see attached). As of the writing of this report, the material has not been received. Environmental Review X NiA Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION KCip Staff recommends that the expiration date for S-2004-6/CUP-2004-18 be extended by an additional year to September 21, 2008. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. City correspondence 2. December 18, 2007 Background Report 3. Resolution No. 2004-179 4. Location Map 5. Applicant's letter of request A-200 (9/99) • Chairman Ron Morrison Members Louie Natividad Frank Parra Fideles Ungab Rosalie Zarate Executive Director Brad Rantslon January 7, 2008 1,44n .0043 ev City Of National City Community Development Mr. Alfonso Reynoso Mr. Edgar A. Herrera Mr. Antonio Gallegos 374 East H Street, Suite A PMB 526 Chula Vista, CA 91910-7496 RE: C Avenue Affordable Housing Project Dear Sirs, Per City Council direction, you rnet with the City Manager on December 26, 2007 regarding your project on C Avenue. As you will recall, the City Council is looking to see an affordable housing component as part of the project. You mentioned in the meeting that you were proposing either all market rate units or all affordablelsubsidized units. In this regard, please submit relevant documents, including pro forma analysis for staff review articulating how affordable housing will or will not be incorporated into the project. Currently, the approved project is a Tentative Subdivision Map for eight residential lots, with a Conditional Use Permit for one of the lots to have an accessory living unit. In consideration of those approvals, Council granted nine Land Use Code exceptions, allowing a design consistent with traditional urban affordable units. A project that intends to solely develop market rate housing may affect the discretion of the City Council on whether or not to extend the Tentative Map. All materials should be submitted to Patricia Beard, Redevelopment Manager, with the Community Development Department. After reviewing your submittal, staff would like to discuss potential options with you at a follow-up meeting. Sincerely raf3 d Raulston Executive Director cc: Mayor and Council Chris Zapata, City Manager Patricia Beard, Redevelopment Manager 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 braulston@ci.Aational-city.ca.us ci.Aational-city.ca.us December 18, 2007 BACKGRO11NI) REPORT The City Council approved a 'tentative Subdivision Map and Conditional Use Permit on September 21, 2004, for the development of eight row homes. Council approved a Time Extension in October, 2006 to extend the permit expiration date another year until September 21, 2007. "1'he original applicant, Alpha Project, a non-prolit entity, had an agreement with the Community Development Commission to provide two of the units for persons with low to moderate incomes. Alpha Project sold their interest in the property to the current owners in February of 2006. The new property owners do not plan to provide any affordable units. No Condition of Approval was included with the original approval to require such units and since the property was sold, the agreement was dissolved. All Tentative Subdivision Maps arc approved with a condition allowing two years to finalize the map. As no Final Map has been processed for the proposed project, this Tentative Subdivision Map will expire unless extended. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. Whereas the request for the Time Extension of the Subdivision does not require a publicly -noticed hearing, the associated Conditional Use Permit does require such a hearing. Such extensions may be granted by the original approving body fur no more than one year for each extension. The City Council has the option to either approve or deny the applicants' request for an extension of the Tentative Subdivision Map and Conditional Use Permit. The current property owners are requesting an additional time extension. They state that they have continued to work diligently to complete the subdivision map, but need more time to complete the Final Map requirements. Specifically, the applicants are working on providing a grading and street improvement bond to the satisfaction of the Engineering Department. At the City Council meeting of October 16, 2007, the Council had questions for the applicant, who was not present, regarding the inclusion of affordable units. Council continued the item to the meeting of November 20. 2007 in order for the applicant to be present for questions. At the November 20 meeting, the applicant was asked whether the project included an affordable housing component; they stated that it did not. They then provided a copy of a letter from the CDC, dated September 21, 2005, indicating that the original agreement between Alpha Project and the CDC would expire upon transfer of the property to the applicant -- the letter is attached for your reference. An issue then arose regarding the binding source used to purchase the property prior to the subdivision and Conditional Use Permit application being submitted. The matter was continued to the December 18, 2007 meeting to provide staff the opportunity to obtain an answer to this question. Stale has now determined that no 20% set aside -funds or HOME funds were used in acquiring the property and that, in fact, the CDC never owned the property. The extent of the CDC's involvement was that in December, 2(X/3 the CDC entered into an Owner Participation Agreement (OPA) with the Alpha Project for the Homeless, wherein Alpha, the owner of the property, was to build eight condominiums with two to three units to be available to moderate income families. The CDC was to provide a no -interest bearing loan of $690,824 in 20% set -aside funds to Alpha. However, Alpha decided not to pursue the project and sold it to the present owner. The CDC recovered $ 130,000 that it had already paid Alpha for the project. 2 6808 RESOLUTION NO. 2004 -179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8TH STREET AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS WITH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT APPLICANT: BRETT FARROW - FOR ALPHA PROJECT CASE FILE NO.: S-20046/CUP-2004-18 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 of W.C. Kimbaft's Subdivision of 10 Acre Lot 1 on Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 7, 2004, 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-2004-6 and CUP-2004-18 which are 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 by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8a' Street and 9th Street, into eight residential lots with a conditional use permit for one of the Tots to have an accessory living unit, based on the following findings: 3 68O9 Resolution No. 2004 — 17� September 21, 2004 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, sin(a eight new homeownership opportunities will be created on a vacant commercial property at a density (30.2 units/acre) that is consistent with the maximum allowed by the General Plan (34.8 units/acre). Also, the high quality characteristics an( urban style of the residential development will strengthen the urban residential neighborhood in this area as encouraged by the General Plan. Finally, there are ro relevant specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the urban style resk lential development will harmonize with the existing urban residential and om►mercial,development in the vicinity, and since most of the development in th 3 area is multi -storied. 3. The site is physk.aly suitable for the proposed density of development, since the proposed 30.2 units/acre is consistent with the maximum 34.8 units/acre allowed by the General Plan and with the density of existing nearby development, which varies within the projec block from approximately 20 units/acre to 40 units/acre. Also, adequate off-stre 3t parking and private open space areas will be provided. 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 the small 12,950 square foot site, which was previously devet iped, is devoid of any vegetation, and since there are no bodies of water on -site. 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. 6. 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 .;ite. 7. 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 Reg onal Quality Control Board pursuant to Division 7 (commencing with Section 1300(,) of the Water Code, as specified by Government Code Section 66474.6. 4 Resolution No. 2004 — 179 September 21, 2004 Page 3 6810 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. 9. 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. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ACCESSORY LIVING UNIT ON LOT 6 1. That the site for the proposed use is adequate in size and shape, since as a part of a larger project the site is large enough to accommodate the main living unit and small accessory living unit/companion flat with adequate off-street parking and private open space_ 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since as part of a larger project, which itself will contribute only a minimal amount of traffic to the roads in the area, the two units on tot 6 will generate an insignificant 16 average daily trips which can easily be absorbed by the nearby residential and commercial roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the density of the proposal is similar to that of nearby existing development and since a greater ratio of parking per unit will be provided and since adequate setbacks will be maintained_ 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of a multitude of residential housing types is encouraged by the City's General Plan and since the project will be meeting contemporary regional housing demand. 5 • Resolution No. 2004 — 179 September 21, 2004 Page 4 681.1 FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND STREET FRONTAGE 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the proposed project fully utilizes the elevated street and level alley frontage consistent with the pattern of existing residential development in the area. 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 development include numerous design features that will make it compatible with the adjacent urban residential and commercial properties. 3_ Granting of the exceptions is in accordance with the intent and purposes of this Title, 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. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from the streets and adjacent development while allowing for eight high quality residential units to be provided with a greater ratio of parking spaces per unit than other development in the area. FINDINGS FOR MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, including shape, topography, and location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since under the proposal a greater ratio of parking per unit will be provided than is provided on many of the developed properties in the area. Also, since the design of the off-street parking is both functional and consistent with City Design Guidelines_ Finally, the proposed building heights are consistent with the heights of existing development in the area and under the same zoning classification, and are Tess than would be allowed for commercial development on the property. 6 Resolution No_ 2004 — 179 September 21, 2004 Page 5 6812 2. That the requested exceptions are subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since existing nearby developments in the CG Zone provide a Lesser ratio of off-street parking spaces per unit in sub -standard parking lots. 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since residential development is permitted in the General Commercial (CG) Zone with an approved site plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide a 12,750 square foot property. on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a conditional use permit for one of the lots to have an accessory living unit is hereby approved subject to the following conditions: This Tentative Map and Conditional Use Permit authorize the division of one project site into eight lots for development with eight residential units and one accessory living unit. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B-revised and C, Case File no. S-2004-6/CUP-2004-18, dated 7/20/2004, 7/20/2004 and 7/23/2004 respectively. 2./ 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, V The Conditional Use Permit shall not be relied upon nor shall a Final Map be approved until GP-2003-6 and A-2004-1 are effective. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, dearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement 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 Resolution No. 2004 — 179 September 21, 2004 Page 6 6813 5. A corporation, association, property owners' group, or sirr ar entity shall be formed with the right to assess all the properties which are joint ;, owned with interests in the common areas and facilities in the entire developmen 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 approve] by the City Attorney as to form and content, which shall include compulsory mein oership of all owners and flexibility of assessments to meet changing costs of n iaintenance, repairs and services. • v1J. AN exterior balcony/deck/stair railing shall be a high i uality, low -maintenance material (diiding w ), subject to review and approval of the Planning Director. If gated a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. Estimated minimum fire flow requirement will be 2250 gprn for 2 hours. Access to the auto court shall not be less than 20 feet wide with a vertical clearance of 13 feet 6 inches throughout. 10. Entire alley to be posted "NO PARKING FIRE LANE." 11. Unit 8 shall have an individual fire sprinkler system subject to review and approval of the Fire Department. 12. 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 indude 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. 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. 8 Resolution No. 2004 — 179 September 21, 2004 Page 7 6814 14. A soils engineering report shall be submitted for the Public Works 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. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. The deteriorated portions of the existing street improvements (30' of sidewalks) along the property frontages shall be removed and replaced. 17. 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. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall. work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment, according to actual work hours. 19. Street improvements shall be in accordance with City Standards. All missing street improvements (100' of curb and gutter) shall be constructed. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21. The final 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_ 9 6815 Resolution No. 2004 — 179 September 21, 2004 Page 8 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. Separate water and sewer laterals shalt be provided to each tot/parcel. 24. The developer shall bond for the monumentation, 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. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 29. 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. 30. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches_ 31. Exterior walls of buildings/ freestanding signs/ trash enclosures 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. 32. The property owner shall submit a letter to the Sweetwater Authority stating tire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 33. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and 10 Resolution No. 2004 —179 September 21, 2004 Page 9 6816 accepting all conditions imposed upon the approval of this permit. ttailure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map / Conditional Use Permit. The applicant shaN also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map / Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the .City Attorney and signed by the Planning Director prior to recordation. Approval of the tentative 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. The Conditional Use Permit shall expire concurrent with the Tentative Subdivision Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shalt 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 govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of September, 2004. ATTEST_ lq Mict ael Della City Clerk APPROVED AS TO FORM: George 1-1. Eiser, Ill City Attorney 11 6817 Passed and adopted by the Council of the City of National City, Califomia, on September 21, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, Califomia MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy 1 HEREBY CERTIFY that the above and foregoing is: a full, true and correct copy of RESOLUTION NO. 2004-179 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2004. N ty�Clerk of the Ci of Nat ional tional City, Califomia By. Deputy 12. 1,3 0 01 CG 10 Ac4 IAA 0 100 0 100 Feet PROJECT LOCATION ZONE BOUNDARY — — — • LOCATION MAP Time Extension Request for S-2004-6/CUP-2006-18 for Eight Row Homes at 817-831 C Avenue 2007-52 TE NATIONAL CIITY PLANNING DRN. DATE: 10/2/07 INITIAL HEARING: 10/16/07 Truestone Investments LLC 374 L. 'II" street, Suite A PM13 526 Chula Vista, CA 9191.0-7496 September 4, 2006 City of National City Planning Department 1243 National City Blvd National City, CA 91950-4301 Re: Time Extension Request Resolution # 2004-179 To Whom It May Concern We are requesting an extension of time for Tentative Subdivision S-2004- 6/CUP-2004-18. The time for completion of Map was previously extended from 09/21/06, to 09/21/07. We have met all requirements for the exception of submitting a Grading and Street Improvements Bond to the Engineering Department. We will continue to work expeditiously to meet this last requirement. If you have any questions, please call me or e-mail your questions to alfonso_reynoso@cox.net. Respectfully, Alto Reg noso ILL (619) 805-5610 FAX (619) 623-3222 14 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 19, 2008 AGENDA ITEM NO. 17 --- / ITEM TITLE Public Hearing - Time Extension Request — Tentative Subdivision Map and Conditional / Use Permit for a Four -Story Mixed Use Building with 13,000 Square Feet of Commercial Space and 32 Residential Condominium Units on the West Side of Highland Avenue between 21st and 22nd Streets (Applicant: Baldock Holdings (Case File No. 2008-02 T.E.) PREPARED BY Martin `(�� eeder, 336-4310 DEPARTMENT Planning EXPLANATION In January 2005, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for a mixed use project on the subject property. The Tentative Map is due to expire; therefore, the property owners are requesting a one year 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 lrY Staff recommends that the expiration date for S-2004-14/CUP-2004-23 be extended by one year to January 19, 2009. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. Background Report 2. Resolution No. 2005-6 3. Location Map 4. Applicant's letter of request 5. Project Plans A-200 (9/99) BACKGROUND REPORT In January 2005, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for a mixed use, commercial - residential project on Highland Avenue. The project includes 13,000 square feet of corrunercial space and 32 residential condominiums. As part of the approval, five exceptions were granted: • 94 off-street parking spaces, where 130 are required; • 24-foot wide drive aisles, where 27 feet is required*; • 4-foot setbacks for trellis and entry feature where 10 feet is required; • Floor area ratio of 2:1, where 1:1 is allowed; • Density of 45.8 units per acre, where 34.8 units per acre is allowed. * The Land Use Code has since been amended and 24 feet is now allowed. Most of the parking will he provided in an underground parking garage accessible through the alley to the rear of the property. There are a total of 76 automobile spaces and five motorcycle spaces proposed in the parking garage. Additionally, the underground parking garage will encroach approximately nine feet into the alley; the encroachment will he entirely below grade. A Condition of Approval was included requiring an encroachment agreement and suitable performance bond for the portion of the garage that will he constructed below the alley. Council approved a Time Extension in February, 2007 to extend the permit expiration date another year until January 19, 2008. A Grant of Easement was executed by the City, with regard to the underground parking lot encroachment, at the same meeting. All Tentative Subdivision Maps are approved with a condition allowing two years to finalize the map. As no Final Map has been processed for the proposed project, this Tentative Subdivision Map will expire unless extended. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. Whereas the request for the Time Extension of the Subdivision does not require a publicly -noticed hearing, the associated Conditional Use Permit does require such a hearing. Such extensions may be granted by the original approving body for no more than one year for each extension. The owners are requesting another one year time extension. They state that they have been unable to proceed with the Final Map process due to economic difficulties. A recent site visit found the property in need of maintenance, with some trash and landscape waste in hags on the site. The perimeter chain link fence is sagging and has fallen down in places. i RESOLUTION NO. 2005 - 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR A FOUR-STORY MIXED USE BUILDING WITH 13,000 SQUARE FEET OF COMMERCIAL SPACE AND 32 RESIDENTIAL CONDOMINIUM UNITS ON THE WEST SIDE OF HIGHLAND AVENUE BETWEEN 21ST AND 22Nn STREETS APPLICANT: JAY CLEVELAND CASE FILE NO. S-2004-14/CUP-2004-23 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21s` and 22I'd Streets on property generally described as: Lots 11 to 20 of Block 4 of Hayes' Highland Addition according to Map thereof No. 1038 recorded in the Office of the Recorder of San Diego County, California, on April 20th, 1916, together with a 10' closing. WHEREAS, -the—Planning Commission of flie City of National City, California, considered said applications at public hearing held on December 6, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on January 4, 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-2004-14 and CUP-2004-23 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves tentative subdivision map and conditional use permit for a four-story mixed use building with a 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21 sI and 22nd Streets, based on the findings. Resolution No. 2005 — 6 January 18, 2005 Page Two 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 Plan encourages mixed -use infill of vacant commercially zoned properties, the creation of new homeownership opportunities, the beautification of older commercial areas, and higher density residential development along major commercial thoroughfares. Also, there are no specific plans goveming use of the site. 2. The site is physically suitable for the proposed type of development, since the property is on a major arterial within an established commercial district with some existing mixed -use developments, and since it is adjacent to several large, higher density apartment complexes. 3. The site is physically suitable for the proposed density of development, since the proposal includes. good-sized units with appropriate urban amenities and sufficient parking for a mixed -use development. 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 the site has been developed previously and is located in an urban environment with no native vegetation or bodies of water. 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. 6. 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. 7 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. 3 Resolution No. 2005 — 6 January 18, 2005 Page Three 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 CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since adequately sized units, and open space will be provided along with sufficient off-street parking for a mixed -use development with several large apartment complexes in the very near vicinity. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the epproximat6V650 Average Daily Trips-(AOT)generated by the use, of which not more than 60 ADT will be during the afternoon peak traffic hours, can be accommodated by Highland Avenue, a major arterial with a current volume of 17,000 ADT and a capacity of 25,000 ADT. Also, the project's immediate proximity to a large customer base will likely result in an elevated percentage of pedestrian taps. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposal is consistent with the development type (both mixed - use and high density multi -family) in the immediate area, and since the project traffic can be accommodated on nearby roads. Also, the proposed parking (both off-street and adjacent street parking) is typical of mixed -use development in commercial, urban corridors. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will enhance the appearance of the partially developed site, while placing new commercial facilities in close proximity to a large customer base, and since it will create 32 new home ownership opportunities. RECOMMENDED FINDING FOR APPROVAL OF THE REQUESTED EXCEPTION Granting of the exceptions is in accordance with the intent and purposes of this Title, 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, mixed -use infill and high density residential development along major Resolution No. 2005 - 6 January 18, 2005 Page Four commercial thoroughfares, 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21 sr and 22id Streets is hereby approved subject to the following conditions: This Tentative Map and Conditional Use Permit authorize a mixed -use development with approximately 13,000 square feet of commercial space and 32 residential condominium units. 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 Nos. S-2004-14/CUP-2004-23, dated October 26, 2004 and October 27,..2O .4, respectively. 2. The three exterior staircases and the elevator shall be secured/programmed to allow resident use only above the ground floor. 3. Prior to issuance of building permits a noise study and mechanical equipment study, focusing on visual, odor and other possible impacts, must be prepared for review and approval by the Planning Director. All conditions and recommendations of the studies necessary to ensure the livability of the residential units shall be incorporated into the project design. 4_ The parking stall dimensions of the tuck under parking stalls at the rear of the property shall conform to all Land Use Code requirements, and they shall have a minimum of 24 feet of backup space. The above referenced parking facility dimension shall be achieved without reduction of the set back from Highland Avenue shown in Exhibit "A", Case File No. S-2004-14/CUP-2004-23, dated October 26, 2004. 5. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 6. Two trash enclosures shall be provided; one shall be reserved for use by the commercial businesses and the other for use by the residents. Both shall be provided in accordance with city standards. They shall have an exterior to match the building. Resolution No. 2005 — 6 January 18, 2005 Page Five 7. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. the CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. 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_availa6le-features of the -development. Such entity shall operate .milder 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. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. 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. 11. Minimum fire access shall be 20-feet unobstructed width with 13-feet 6-inch vertical clearance, with a comer radius of 28-feet. 12. Work must be performed and compliant with California Fire Code 2001 edition and the most current NFPA standards. 13. KNOX-BOX Rapid Entry System shall be provided. 14. Automatic Fire Sprinkler System and fire standpipe system is required. 15. Based on construction type V-N with a tlow duration of 4 hours at 20 psi residual, with an automatic sprinkler system. 16. Automatic Fire Alarm system is required. 6 Resolution No. 2005 — 6 January 18, 2005 Page Six 17. An encroachment agreement subject to approval by City Council is required for the encroachment of the underground parking garage into the alley at the rear of the property. The property owner shall apply for an encroachment agreement per Chapter 13.12 of the National City Municipal Code and shall provide a suitable performance guarantee pursuant to section 13.12.040 in an amount sufficient to guarantee the removal of the encroachment should the City demand such removal. 18. 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 Department's requirements. 19. All surface run-off, including landscaping irrigation within the public right-of-way, 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. --- -- -- --- - - - --- - - ---- 20. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall reprove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by City Engineer. 21. 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 he in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Engineering Department requirements. 22. 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 Resolution No. 2005 - January 18, 2005 Page Seven 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 leaning 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 Engineering Department. 23. A sewer permit will be/may 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 dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 7� Ttse deteriorated -portions of the_ ezistrnq- street improverrierits along the_iroperfy frontages shall be removed and replaced. Specifically, 395 L.F. of sidewalk, 167 L.F_ of curb and gutter and 284 L.F. of alley section from the property line to 3' west centerline of all including the swale. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 25. The existing pedestrian ramp at the following location shall be removed and replaced with standard ramp complying with the A.D.A requirements and the Regional Standard Drawing Northwest corner of 22nd Street and Highland Avenue. 26. 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. 27. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans: If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Comer Record shall be filed with the County of San Diego Recorder. A copy of the documents .filed shall be given to the City of National City Public Works as soon as filed. 28. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shalt 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. The deposit is subject to adjustment according to actual worked hours. Resolution No. 2005 — 6 January 18, 2005 Page Eight 29. 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. 30. 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. 31. Separate water and sewer laterals shall be provided to each lot/parcel. 32. The developer shall bond for the monumentation, 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. 33. All utility distribution facilities within the boundaries of the subdivision, and within the half -street abutting -the new subdivision, shall be -placed -underground. 34. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 35. Exterior walls of buildings/ freestanding signs/ trash enclosures 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. 36. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 37. Before this Conditional Use Permit/ Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/ Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit/ 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 fo recordation. Resolution No. 2005 - 6 January 18, 2005 Page Nine 38. Approval of the tentative 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_ The Conditional Use Permit shall expire or he extended concurrent with the Tentative Subdivision Map. 39. The developer shall install public streetscape improvements along all project site street frontages. The improvements shall be consistent with the Highland Avenue streetscape plan prepared by Estrada Land Planning. 40. The 65 residential parking spaces in the underground parking garage shall be distinguished from the commercial spaces and be designated solely for residential use through the use of signage and/or other physical means subject to review and approval by the Planning Director. Two residential spaces shall be assigned to each unit. -- BE -IT FORT -HER RESOLVED that -copies of -this Resolution--shatt- be transmitted orthwith 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 18"' day of January, 2005. ATTEST: el Dalla Mich Mi ity Clerk APPROVED AS TO FORM: 72 George H. Eiser, III City Attorney 10 Passed and adopted by the Council of the City of National City, California, on January 18, 2005, 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. 2005-6 of the City of National City, California, passed and adopted by the Council of said City on January 18, 2005. By: 9 i Clerk oft e Cit�I Aj C of National City, Califomia Deputy 11 PROJECT LOCATION E ZONE BOUNDARY A LOCATION MAP Subdivision fend Conditional Use Permit for a mixed use building with S-2004-14/ 13,000 square feet of commercial space and 32 condominiums CUP-2004-23 1 NATIONAL Cf1TY PLANNING DRN. DATE-- 11/23/04 INITIAL HEARING: 12/6/04 Baldock Holdings, Inc. A Nevada Corporation January 7, 2008 City Council, City of National City 1243 National City Blvd. National City, CA 91950 Re: Time Extension Request For S-2004-14 and CUP-2004-23, Tentative Subdivision and Conditional Use Permit on the West Side of Highland Avenue Between 21" and 22nd Streets Dear City Council; Baldock Holdings, Inc. requests an extension of one year on File Numbers S-2004-14 and CUP- 2004-23 which are a Tentative Subdivision and Conditional Use Permit on the West Side of Highland Avenue Between 215t and 22nd Streets. The reason for this request is that throughout 2007 we, as you may understand, have suffered economic difficulties restricting us from moving forward with this development. We have however made arrangements for an influx of capital and are hopeful of seeing this project completed as approved in 2008. Should you have any questions please do not hesitate to contact us and we thank you for your thoughtful consideration of our request. Sincerely, Baldock Holdings, Inc. By: Richard C. Brizendine, Esq. 13 NAT uLi rl�ir I I • r• j1.lr,•l `L�Y t•I intT 1111 lilt j tr +jl lFills'11fiitir�t �i If; f��l,lir rrll clt E to / f. 5itel li5 BALDOCK HOLDINGS INC. HIGHLAND AVENUE MIXED USE BUILDING NATIONAL CITY, CALIFORNIA r r 6rr ii�d +q,N -ire i. 011/.4411010° 3,,A3 R*Y STnQr- S.N MOO (A /- rc. 11•140•eier r.e 1.1•eau•e+r+ 04r6 3,28.04 T: LOWER LEVEL rt -1 32,760 S.F. .—�' '`iti- 10 GJEST PARKING SPACES °LAn NC TI- 65 RESIDENTIAL PARKING SPACES \ RTC. 5 MICTORCYCLE SPACES r' I A' i7' Rd' ..Eh E 9PACE E bOO e.f. �FtI L .-ELE9.ACED 2,4"' a r. LEASE 904CE 2;4" ..f. LEASE SPACE 9 2.141 b.f. LEASE 9.4CE 3331 e.f , SITE PLAN 13,908 S.F. 18 PARKING SPACES s+ G e .1 3.43 •... TRW LW 0!Cp, CA 02104 rtC n.e4c•e•a fa .1¢•ao-t s; NATIONAL E43, na .: 9.29.24 •[C: ••co.ft 6,4* ense...1,1 O • -,1•••••• *Of. 0.4ir \ \ I 21st STREET z 0./.4314011tal LEO.. 111•Rire. IOWA 'ma ot• ...4.1111-11.111 KC% 13 o•bl 101.41 -4;4. ••••••44, Oa hor Z 14,1. 111••••.1.1.•• MN. h.., • • • • KGFILAND AVENUE • .--E.,._ , i . _i_ ; i• •! . . . 1. I .1.45111 [Vow le Wanks `ow... Try. ...Is been on. S.-c•• 33.3.3 41ter4rerwali TnehaImperenol ,•Torc.la 'roc. 1•Mitlift•IP C vkAvet P.:scow@ mega, hY06..3 Me. Nr, es% Roc -Snpli. Yesarrre Man. O••••••••1., ,••••••1.1/ Po Ai • C.. kr,,, i•11••• rw• , Y.-fot 054.3:4, 4.••• 1 es —go. • • .02..e.01 ,..,01e1..• en-0,1e, :I •ra owe Tlept•te• M110 or e, $0, 22r KJ STREET 2nd FLOOR 2-2 BEDROOM UNITS 9- 3 BEDROOM UNITS 3 f3EJROCti I ; BDR1 3 5ECROCM UNIT C BOR-1 'C' 3 5EDROC1 C 10.00°. TE) 2 LNIT 3 153:CROV1 r 3 BECR00-1 LINT '5 / 3 BF.C40011 LIN T 5 ' 3rd FLOOR 3-2 BEDROOM UNITS 8-3 BEDROOM UNITS 3 5EDR00^1 -C (CPP081iF) 4th FLOOR LH! c 4 t ' s...3Qn rmt !A4 mic4. rt. l'it•140 4111, 611.ta0 1115, x Lu ; i u u • Z _1 0w < O > Z —1 0 I < M 0 I- - " I < z L i —J X 0 CALIFORNIA 3-2 BEDROOM UNITS 7-3 BEDROOM UNITS 0.14. •IPO/IC 9..28.04 (Mit. UNIT 'B' 1,303 S.F. 3 BEDROOMS 2 BATHS UNIT 'A' 1,306 S.F. 3 BEDROOMS 2 BATHS NORTH f = CLAN 'FORTH 4' 8' 16' NOR'-1 UNIT 'C' 1,310 S.F. 3 BEDROOMS 49CA tEc+ wa uv Mir tw orco, CA nia m 4111.440.1111 FAX 1111.144.11111 04 1.7/.04 m UNIT 'D' 1,045 S.F. 2 BEDROOMS 2 BATHS NORTH O. 4' 8' 1 6 N,Iolzr;_i EDRCC!" 2 X IC 551:ACC1 < r, .2 X !0' 11 (71 UNIT 'E' 1,030 S.F. 2 BEDROOMS 1 BATHS UNIT 'F' :2' X 1 ,040 S.F. 2 BEDROOMS 1 BATHS 'EP X Er 0 0 • 03 zuJ co x z — w • x - — O M se z O "I < .J 0 46 O.Ch cc 0 u. —J 0 . NATIONAL City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 19, 2008 AGENDA ITEM NO. la ITEM TITLE ITEM Hearing and Proposed Finding of No Significant Environmental Effect for a Proposed Subdivision Map and Conditional Use Permit for 16 Detached Homes With an Exception for Less Than Required Setbacks and Building Separation on an Approximately 1.5 Acre Site North of the Intersection of Kimball Way, F Avenue and E. 14th Street (Applicant: Bitterlin Development Corp.) (Case File No. 2007-37 S, CUP) aa_, • 3 DEPARTMENT PREPARED BY Angela Reeder, 3 �6-4310 Planning EXPLANATION The applicant proposes to develop 16 detached homes on the north side of 14th Street, on a 1.5 acre lot zoned General Commercial. The majority of it is currently improved as a parking lot for the 99- Cent Only store which is immediately adjacent to the east. Other surrounding uses include Walmart to the north, and single, multi -family, and senior residential uses to the west and south. The property is primarily flat, sloping towards Paradise Creek on the north. No development is proposed in the creek. Onc entrance will be provided from 14`h Street, with a second emergency -only access at the northeast corner of the site. The applicant proposes remove the existing parking and develop the property with 16 detached single-family homes with condominium ownership. The remaining commercial development to the east would retain adequate parking to meet City requirements. The 16 new homes would all be 2-story with 2-car garages. Thirteen guest parking spaces are also proposed on -site. While the homes have minimal front yards, all have private fenced rear yards. Due to the topography of the site, including an approximately 12 to 16-foot slope at the northwest corner. a new retaining wall is proposed along the creek. The primary construction materials include a stucco finish, brick and stone accents, and concrete roof tiles, with decorative wrought iron, awning. and shutter accents; various exterior color schemes are proposed. The Planning Commission held a public hearing on February 4, 2008, considered the application and recommended approval of the proposal. The background report describes the development in more detail. Environmental Review Financial Statement N/A N/A Proposed Negative Declaration (2007-37 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATIONCi' Staff concurs with the Planning Commission's recommendation that the Tentative Subdivision Map and Conditional Use Permit be approved. BOARD / COMMISSION RECOMMENDATION Planning Commission recommended approval of the Tentative Subdivision Map and Conditional Use Permit Vote: Ayes- DeLaPaz, Reynolds, Flores, Pruitt, Baca, Alvarado ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Location Map 2. Planning Commission Reso. No. 2-2008 4. Site Aerial Including Findings & Conditions of Approval 5. Department/Agency Comments 6. I'roposed Negative Declaration 7. Applicant's Plans (Exhibits A) A-200 (9/99) BACKGROUND REPORT The proposed project site is an approximately 1.5-acre property zoned General Commercial (CG) and located north of the intersection of Kimball Way, F Avenue, and E. 14th Street (see attached Location Map). The majority of it is currently improved as a portion of the parking lot for the 99- Cent Only store, which is immediately adjacent to the east. A small area of the western portion of the site is currently undeveloped along Kimball Way. Paradise Creek runs along the northern border, with Walmart beyond, other commercial uses lie to the east along Highland Avenue, and a mixture of single, multi -family, and senior homes lie to the south across 14'h Street and to the west across Kimball Way. The greater part of the site is relatively flat, with steeper slopes and retaining walls along the north and west boundaries, dropping between approximately 12 and 16 feet in elevation to the creek below. Access is available from an existing driveway along 14`h Street and from the parking lot to the east. PROPOSAL The applicant proposes reprove the existing parking and develop the property with 16 detached single-family homes with condominium ownership. Sole vehicular access to the homes would be provided from 14th Street; however, the existing driveway would be relocated west approximately 60 feet from its current location. The newly relocated driveway would provide access to a 24' wide private interior driveway (noted as Driveway A on plans), and two smaller 16' wide driveways. As proposed, the entrance drive would continue around the west and north sides of the site to an emergency access gate at the northeast corner. This secondary fire access is proposed for use by emergency vehicles only, by way of the adjacent commercial parking lot. The two small private driveways would each include a hammerhead design, which provides access to garages of the individual homes and turnaround space for emergency vehicles. The 16 homes would he two -stories tall, all would have 3-bedrooms, and each would include an attached two -car garage. All of the homes would have a stucco finish, gable and hip roofs with concrete roof tiles. Architectural details include wood fascia trim for windows and doors on all sides, rod iron features, tile detail and wood corbels, decorative garage doors, arched doorways and fireplaces. There arc 12 color/architectural schemes for the homes. The various floor plan details are shown below: Size Bedrooms Bathrooms Plan 2 1,463 sq. tt. 1 2-car garage 3 21/2 Plan 3 1,630 sq. ft. + 2-car garage 3 21/2 Plan 4 1,734 sq. ft. + 2-car garage 3 21/2 The buildings all face the interior driveways and provide little to no front yard area, except for one on the southeast corner of the site which faces 14th Street. Access to the garage for this unit is still provided from within the site, but a sidewalk extends from the front door to 14th Street for pedestrian access. While no functional front yard area is proposed, each of the homes would have a 1 pedestrian access. While no functional front yard area is proposed, each of the homes would have a private, fenced rear yard; each would range from 350 to over 1,000 square feet in size, with an average of approximately 550. The applicant is requesting three exceptions from City design requirements for front and side setbacks and building separation, as described below and indicated on the applicant's Exception plan sheet, Exhibit A: Code Requirement Requested Exceptions: Front Yard Setback 20 feet 15 - 19 feet (4 homes along 14th St.) Side Yard Setback 10 feet 5 feet (1 home on east property line) Building Se aration 10 feet 6 10+ feet (throughout project) The common areas throughout the site, including the perimeter along Kimball Way and 14th Street, are proposed to be fully landscaped. The common landscaping consists of a mix of trees, shrubs, vines, and groundcover, with larger trees proposed along the street frontage and the tnain interior driveway. The private rear yards of the homes would be fenced with a 6' cedar fence, but landscaping would be left to the future homeowners. The site would be separated from the commercial development to the east by a split -lace block wall, which is proposed to be landscaped with climbing vines along the project side. In addition, a keystone retaining wall will be required along the northwest corner of the site to enlarge the flat, developable portion of the site. The wall is situated along the boundary of Paradise Creek; staff originally encouraged the applicant to consider using the creek as an amenity during the development review process. However, the applicant stated the area was needed for the driveway and the site layout would not permit this area's use as conunon area. ANALYSIS The proposed subdivision to develop 16 detached single-family homes with condominium ownership is consistent with several General Plan goals, including the creation of home ownership opportunities, creation of a mixture of land uses to provide additional housing opportunities, development of under-utilized commercial property and incorporation of quality design. Additionally, the proposed density, 10.7 units per acre, is considerably less than the 34.8 units per acre allowed under the General -Commercial Combined General Plan/Zone designation. Removal of the 62 existing parking spaces to allow for the proposed development would not negatively impact the adjacent retail property or create a Code violation with regard to parking. The adjacent lot to the east would still retain 178 parking spaces to serve the 33,343 square feet of retail space on site. This would result in 5.35 parking spaces/1000 square feet of retail space, which exceeds the City requirement of 5 spaces/1000 square feet for shopping centers. 2 The proposed homes comply with Land Use Code requirements, including height, parking and private useable space and incorporate many of the elements encouraged by City Design Guidelines. The project provides 5 parking spaces more than required by the Land Ilse Code with the 45 spaces proposed (16 two -car garages and 13 guest spaces). In addition, each home is provided with usable private yard areas that exceed minimum requirements for new homes and improved common space is provided on -site. While staff typically encourages the addition of organized or active common space in new developments, such as a playground, the project is Located within walking distance of a community center, playing fields at Kimball Park, and senior services at Kimball towers. With regard to Ik;sign Guidelines, each home has varied and interesting rooflines and wall plane variation, and will be constructed of quality materials, such as stucco exteriors, wood fascia trim for all windows and doors and concrete roof tiles. The homes will have a varied exterior appearance, since there arc twelve different architectural exterior treatments proposed. However, the applicant is requesting an exception from three setback and building separation requirements, which the Code allows for in subdivisions and Conditional Use Permits. The reduced building separation and setback requests allows for the development of detached homes rather than attached townhome development. The development of detached homes is consistent with the existing pattern of development within the neighborhood along F Avenue and 14th Street to the west. In addition, the front yard encroachment is minor, ranging from 1 to 5 feet, and typically including only a corner of the home. As this section of 14th Street does not currently function as a typical residential street and the front yard area will be fully landscaped, staff feels this minor encroachment would not impact or infringe upon the surrounding neighborhood. With regard to the side setback exception request, one home along the cast property line encroaches into the side yard setback by 5-feet. Granting the proposed exception would have the most impact on the home, and not the adjacent commercial use. However, staff feels all of the homes along this property line could be affected by the light, glare, and noise of the adjacent use and has suggested a condition to lessen any impacts. A condition was added requiring the use of awnings or screening on the second floor rear windows and/or the addition of trees in the side yard area which arc tall enough to reduce the glare and noise. As such, impacts to unit in question for the setback exception would also be softened. Recommended conditions of approval are attached to this report, including standard Planning, Engineering, and Fire Department continents. Engineering Department conditions also require sidewalk improvements along the frontage, a SUSMP (stonnwater plan), and a grading plan. In addition, City Public Works has commented that additional lighting shall be provided along the street to assure safety of the residents at night. Envimnmcntal Review This project is subject to the California Environmental Quality Act (CEQA) for the protection of environmental resources. All required areas of review were considered, including traffic, public services, and the adjacent Paradise Creek. Based on the review of the project and determination of no potential significant impacts, a Negative Declaration was prepared for the project (see 3 Attachment 7). A 20-day public review period for this document ended on February 4, 2008, and the City received no comment letters during this review period. Planning Commission Hearing Planning Commission held a public hearing on this proposal on February 4, 2008. The applicant spoke on behalf of their project, and no other residents appeared with comments. The Commission voted to recommend approval of the proposal, finding the creation of 16 detached homes consistent with the General Plan and a benefit to the residents of the City. 4 RESOi .t f PION NO. 2-2008 A RESOLUTION OF TI IE PLANNING COMMISSION OF THE CITY OF NATIONAL CiTY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONI)I'l'IONAL t1SE PERMIT AND PROPOSED FiNDiNG OF NO SRINIFICANT ENVIRONMENTAL EFFECT FOR 16 DETACHED IIOMES ()N A 1.5-ACRE SiTE NORTH OF TILE INTERSECTION OF KIMBALL WAY, F AVENUE AND E. 14T" STREET. APPLICANT: BITTERI.IN DEVELOPMENT CORP. CASE FILE NO. 2007-37 S, CIJP WHEREAS, application was made for approval of a "Tentative Subdivision Map and Conditional Use Permit for 16 detached homes on a 1.5-acre site north of the intersection of Kimball Way, F Avenue and E. 14th Street on property generally described as: Portion of Lot 11 in Quarter Section 154, Rancho De La Nacion, according to Map thereof, by Morrill No. 166, together with Lot 3 of Center ('ity Project, according to Map thereof No. 8807. WHEREAS, the Planning ('ornrnission of the City of National ('ity, California, considered said application at a duly advertised public hearing held on February 4, 2008, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-37 S, CUP, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and (:ity law; and. WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on Febniary 4, 2008, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map will not have a significant effect on the environment since the site is currently developed and is located within a fully urbanized area. 2. The proposed map is consistent with the National City General Plan, including Specific Plans since the General Plan / Zone designation for the project site is General Commercial- Planned Development (CG-PD) which provides for the creation of home ownership opportunities, allows for a mixture of land uses to provide additional housing 5 opportunities, removes under-utilized commercial property and incorporates high quality' design. 'There are no Specific Plans that are applicable to the project site. 3. The site is physically suitable for the proposed type of development, since the project will develop 16 new single-family homes and their required amenities, such as parking and open space, in an urbanized developed area and is suitable for two-story residential development. 4. The site is physically suitable for the proposed density. of development, since the proposed 16 units (10.7 units per acre) is less than the 34.8 units per acre as allowed in theCG-PD zone. 5. 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 the project site is located in an urbanized and developed area and proposes no development or construction within the adjacent Paradise Creek. 6. 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. 7. 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 any easements located on the site will be relocated by condition of approval. 8. 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 ('ode, as specificxl by Government Code Section 66474.6. 9. 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. 10. 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 CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 1.51 acre site can accommodate the development of 16 two-story homes attached garages, thirteen on - site guest parking spaces, private access driveways, common landscaped areas, and private open space for each unit with minimal exceptions from Code requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since nearby local residential streets (14th Street and Kimball Way) have sufficient capacity to adequately handle the approximately 192 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service. 6 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed lot is surrounded by commercial development including a Walmart and 99-Cent Only store and the development the existing lot with 16 single- family homes would not reduce parking for the adjacent commercial uses below City requirements. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities and promote the development and use of a currently underutilized property. RECOMMENDED FINDINGS FOR APPROVAL, OF TILE REQUESTED EXCEPTIONS Granting of the requested exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, sine; the proposed residential development (10.7 units per acre) is consistent with the uses and density (34.8 units per acre) allowed in the General Commercial (CG) Zone, since the General Plan encourages the creation of home ownership opportunities and the infill development is suitable for families as described in the attached report, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-37 IS) has been read and considered together with any continents received during the public review process; and, 2. '[hat based on the whole record including the initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings hereinhefore stated, the Planning Commission hereby recommends approval of said 'Tentative Subdivision Map and Conditional Use Permit for 16 detached homes on a' 1.5-acre site north of the intersection of Kimball Way, F Avenue and E_ I4th Street, subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the development of 16 single-family condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, Case File no. 2007-37 S, CUP dated 1/30/2008. 2. A detailed landscape and underground irrigation plan, including plant species, 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, as well as details for hardscape on -site, including the 6 foot cedar fencing between homes, the split -face block wall along the east property line, wrought iron security gate design at emergency exit, and keystone retaining wall. 7 3. To reduce the potential effects of light, glare, and noise from the adjacent commercial property, the applicant shall work with staff prior to the issuance of building permits to provide adequate screening for the six homes along the east property line, which may include additional landscaping and/or awnings or screening on the upper floor windows. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, and open spaces, prior to approval of the final map. Said C('&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. 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. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Codc, the California Plumbing Code, the 2004 California Electrical Codc, and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48.hours prior to filling of cable trenches. 8. A lighting plan for the site shall he provided to the Planning Department to identify all proposed lighting along driveways and walkways throughout the site, for review and approval prior to the issuance of building permits. 9. If individual trash service cannot be safely accommodated by the provider, trash enclosures shall be provided in accordance with city standards to the satisfaction of the Planning Department. They shall have a stucco exterior to match the buildings. 10. Exterior walls of buildings/walls/fences/trash enclosures 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 he removed within 24 hours of its observance. 11. The project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition of ('FC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 12. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 13. The secondary fire access shall meet fire lane requirements of 20 feet clear width and 28 feet radius corners, subject to the satisfaction of the National City Fire Department. 14. Entry/Exit electric operated gates shall have a knox key switch, as well as opticorn sensors. 8 15. Access roadways (Driveways A, B, and (') shall be marked as a "no parking fire lane" throughout the development to the satisfaction of the National City Fire Department. 16. An estimated minimum fire flow requirement will be 1,000 gpm measured at 20 psi residual pressure. 17. Final Grading plans shall be reviewed by a project biologist to ensure there is no impact to the adjacent Paradise Creek ESA. 18. If the property is identified as in the Federal Hood Plain arca, a Flood hazard permit shall be obtained from the Engineering Department. 19. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal stone 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. 20. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) 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 Stone Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved SUSMP documentation will be required prior to issuance of an applicable engineering permit. The StISMP shall be prepared by a Registered Civil Engineer. 21. 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. 22. SUSMP documentation must be submitted and approved. 23. 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. 24. A grading and drainage plan shall he submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall he 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 25. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 9 26. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall he given to the City of National City Engineering Department prior to any work beginning on the project. 27. A Notice of Intent (NO1) shall he filed with the Regional Water Quality Control Board (RWQCB). 28. A sewer permit will be required. 'l'he method of sewage collection and disposal shall be shown on the grading/driinage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 29. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Conunission 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 proposal 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 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 30. There are existing sewer and drainage easements reserved to the City of National City. No building encroachment will he allowed within these easements. The easements shall be shown on the grading plan and map. Easements can he vacated, if City Council approves vacation. 31. The deteriorated portions of the existing street improvements (sidewalk 35') along the property frontages shall be removed and replaced. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (20') shall he replaced with curb, gutter and sidewalks. 32. The existing pedestrian ramp(s) on the north side of 14`h Street adjacent to the project site shall be removed and replaced if it does not comply with the A.D.A requirements and the Regional Standard Drawing. 33. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 34. A title report shall be submitted to the Engineering Department, after the Planning ('omrnission approval, for review of all existing easements and the ownership at the property. 35. 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 and map are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 36. 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_ io 37. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 38. The developer shall bond for the monumentation, 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. 39. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 40. The final map shall be recorded prior to issuance of any building pen -nit. 41. All new property line survey monuments shall be set on private property, unless otherwise approved. 42. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 43. Install an additional street light along the public right-of-way in front of the project site, subject to review and approval by the Public Works Director. 44. Within four (4) days of final approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National ('ity Planning Department. 45. Before this Subdivision and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 46. Approval of the tentative 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 § 17.04.070. The Conditional Use Permit shall expire concurrently with the Tentative, Map. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2007-37 S, Cl1P, IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the 11 City's independent judgment and analysis, and hereby recommends approval of the proposed Negative I)eclaration. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 4, 2008, by the following vote: AYES: Alvarado, Baca, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAM: 12 100 0 100 200 300 Feet APPROXIMATE PROJECT AREA LOCATION MAP Tentative Subdivision Map and Conditional Use Permit for 16 homes north of the intersection of 14th Street, F Avenue, and Kimball Way, 2007-37 S, CUP NATIONAL ClitY PLANNING DRN. DATE: 1/15/08 INITIAL HEARING: 2/04/08 Site Aerial — The Highlands at 14th 14th Street and Kimball Way (2007-37 S, CUP) 14 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR KIMBALL WAY CONDOS Date: July 25, 2007 To: Angela Reeder, Planning Department From Adam J. Landa, Assistant Civil Engineer Via: Maryam Hahaki, City Engineer, Subject: KIMBALL WAY CONDOS 1. The property is in the Federal Flood Plain arca. Flood hazard permit shall be obtained from the Engineering Department 2. 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 Department' requirements. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will he 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 Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved SI JSMY documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPI)FS) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPI'P will be required prior to issuing of a construction permit. 15 ® Rec y,:led Pape! 5. SUSMP documentation must be submitted and approved. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk undcrdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development 7. 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 nin-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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 10. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board ( RWQCB). 11. 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. 12. 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 76 National City modified Standard Drawing G-31. All soils report findings and recommendations shall he part of the Engineering Department requirements. 13. There are existing sewer and drainage easements reserved to the City of National City. No building encroachment will be allowed within these easements. The easements shall be shown on the grading plan and map. Easements can be vacated, if City Council approves vacation. 14. The deteriorated portions of the existing street improvements (sidewalk 35') along the property frontages shall he removed and replaced. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (20') shall he replaced with curb, gutter and sidewalks. 15. The existing pedestrian ramp(s) at the following location(s) shall be removed and replaced with standard ramp complying with the A.D.A requirements and the Regional Standard Drawing 16. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 18. .A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall he 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 he deposited with the City as an initial cost for plan checking and inspection services at the time the plans and map arc submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENTS 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 rnonumentation. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 17 3. The developer shall bond for the monumentation, 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. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall he placed underground. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. 7. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a tnie meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall he shown. AL: jha condos 18 CITY OF NATIONAL CITY PUBLIC WORKS DEPARTMENT 2100 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL 619/336-4580 FAX: 619/336-4594 July 16, 2007 TO: Angela Reeder, Associate Planner FROM: Joe Smith, Director of Public Works SUBJECT: Case File Nos: S-2007-37 S, CUP Thank you for the opportunity to review and comment on the tentative map for a 17-unit development on the located at the intersection of Kimball Way, F Avenue and 14"' Street. The following comments are based on the principle that the proposed on -site improvements, sewer, storm drain et cetera, will be private and maintained by the development's Home Owners Association and at no time will become the responsibility of the City Of National City. 1. Storm Drains — The site plan shows the on -site runoff to be collected via an open drainage system on the north side of the development. All proper storm water requirements should be put in place and maintained by the developer. The developer's engineer should be requested to provide information that addresses potential issues pertaining to the clean water act/storm drain run off and have them reviewed by Engineering. 2. Sewer Main — The site plan shows construction being proposed on top of an existing 6-inch diameter sewer main located on the most westerly side of the project. (Plans 1,2 and 3) This sewer line has been located and marked and brought to the attention of the developer. 3. Street Fights — the developer should increase street Tight in along the project's frontage to assure safety of the residents at night. 19 Case File Nos: S-2007-37 S, CUP July 16, 2007 Page 2 4. Retaining Wall — It appears that a retaining wall will be required between the open storm drain channel and the north side of the project. There is an existing sewer access hole between the proposed retaining wall and the open storm water channel. The feasibility of accessing the manhole and maintaining this sewer main should be ascertained before this project is approved. The developer should be required to install an anti -graffiti coating on the retaining wall. 5. Landscaping — All landscaping and irrigation systems shall be maintained by the development's HOA. Again, thank you for the opportunity to review and comment on this project. If you have any questions, please call me at 336-4587. cc: Jeff Servatius, Street Maintenance Supervisor Miguel Diaz, Parks Superintendent 20 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 XS MO MEMORANDUM DATE: July 25, 2007 TO: Angela Reeder, Associate Planner FROM: Donald Condon, Battalion Chief [Fire Marshal SUBJECT: Case File No: 2007-37 S, CUP, 14rh (a` Kimball Way Please note our following comments and recommendations: I) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 2) Estimated minimum fire flow requirement will be 1,000 gpm measured at 20 psi residual pressure. 3) Secondary fire access to meet fire lane requirements of 20 feet clear width and 28 feet radius corners. 4) Entry/Exit electric operated gates to have knox key switch as well as opticom sensors. 5) Access roadways (Driveway A, B, C) to be marked as a "no parking fire lane" throughout development. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may be necessary upon submission of a complete set of plans for permit review. 21 S1►VEETWATER AUTHORI'1 Y 505 GARRETTAVENUE POST OFFICE BOX 2328 CI IULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 tittp:dwww. sweetwater.ory July 26, 2007 GOVF.RNWG BOARD R. MITCI TEL BCAUCI TAMP. CHAIR JAMES C. ALKIHE, VICE CHAIR JAMES 'JIM" WUU RON MORRISON W.R. 'BUD' POCKIINGTON TERRY TIIOMAS MARGARCI WOK WELSH DENNIS A. BUS IAD GENERAL MANAGFR MARK N ROGFRS OPERATIONS MANAGER Ms. Angela Reeder, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY — 17 HOMES AT 14TH STREET AND KIMBALL WAY, WEST OF HIGHLAND AVENUE, NATIONAL CITY PORTIONS OF A.P.N. 560-050-06; -10; AND -12; AND A.P.N. 560-410-03-00 CASE NO. 2007-37 S, CUP SWA DEV. FILE: HIGHLANDS AT 14TH STREET Dear Ms. Reeder: This letter is in response to the Application for a Tentative Subdivision Map and Conditional Use Permit received by Sweetwater Authority (Authority) regarding the proposed 17-unit development, within the Authority's service area. There is an 8-inch water main in the north side of 14th Street and Kimball Way. Parcel 3 has no existing services. The plan submittal shows a water main coming into the driveway of the project which is not acceptable. Ali water services, inciuoing the separate lire service lime that will be required, must be located in the public right-of-way at least three (3) feet from the outermost edge of the driveway apron. It also appears that the concrete improvements on the plan submittal conflict with an Authority fire hydrant No. N534. If the concrete work cannot be modified to resolve the conflict, it will be necessary for the Owner to pay to abandon and relocate the fire hydrant. Enclosed is a copy of a portion of '/4 SEC. 154 that shows the existing facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements, a revised street improvement plan (showing existing and proposed services as outlined in Paragraph 1), plumbing plan (showing total fixture -unit count), and fire sprinkler plans and calculations (so that A Public Weser Agency Serving National City, Chula Vista and Surrounding Areas Ms. Angela Reeder, Associate Planner Re: Water Availability — Highlands at 141h Street July 26, 2007 Page 2 of 3 service sizes can be verified and estimates can be prepared). Based on this requirement, the Authority will determine if there is a need for new water systems, or substantial alteration to the existing water system. It is recommended that your agency work with the Authority to determine what facilities should be added prior to issuing a budding permit. In addition, the Developer must also submit anticipated water demands for landscaping if a separate landscape service will be installed before Capacity Fees can be estimated. Any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies, and water meters cannot be located within three (3) feet of the edge of the driveway apron. In the event that a fire protection system is required for this project, the Authority will require the installation of an approved Double Check Detector Check Backflow Assembly on that system. A ten (10) foot horizontal separation between sewer and water laterals is required. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at approximately 86 psi. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY ector Martinez Engineering Manager HM:LJE:ss enclosure: photocopy of 1/4 SEC. 154 map cc: Don Condon, Battalion Chief/Fire Marshal National City Fire Department 140 East 121h Street Suite A National City, CA 91950 23 Ms. Angela Reeder, Associate Planner Re: Water Availability — Highlands at 14th Street July 26, 2007 Page 3 of 3 Mr. Chris Bitterlin, President Bitterlin Development Corporation 2245 San Diego Avenue Suite 121 San Diego, CA 92110 Mr. Ernest Peterson, Trustee 3722 Liggett Drive San Diego, CA 92106 Mr. Lawrence Walsh Walsh Engineering and Surveying 1870 Cordell Court Suite 102 El Cajon, CA 92020 Miguel Alvarez, Sweetwater Authority (without enclosures) I:\engr\Dev\Highlands at 14th Street\Cor\Ltr - Water Avail - 7-26-07.doc 24 200 100 0 Existing Water Facilities 200 Feet Subject Property: 14th St. and Kimball Way w/o Highland Ave. portions of APN 560-050-06, 10, 12 & 560-410-03-00 National City 1/4 SEC. 154 • Fire Hydrants Water Mains 2-5— Water Services L `1 Tax my a..64iMd W:..`wl.. H .t_.1•ro.••.n:.a, Cooped bP o. Yank✓...-. Ina CFN rv( M wdb wY arm MWa . rMA M_ta_ sr Gvrnmiar0 .S_ * kJCMMNb Ana. ..MrW O50 .SAr.mr ryW NW. f.A 0f017.71211 (dldi aavud s1s rod, au '$ lswm M.r I. ty-. snaAM. Ml, bead as raw, ...iva ea, nab e mu* bubo% .ar ror. ..r9 be Y 1add477+131 -r. ..a+R ands the,.. m ... maD. _.v.H..eor in. as ✓T.vba.OT N0Nb aubsorrea mom* rk. My Rs. v mamma* F. YbnuY. r.anAArd..*00 r010 i.wd Many.. Srw 1XJ SF dom. CA wry. mos NQ by. Mow odmoth. .1w1W Ha+M1gaulvrWw.i.M+1.4+1w4 M2007yayw2d0G.nda1 Angela Reeder From: Louis McAlexander [LMCALEXANDER@dfg.ca.govj Sent: Tuesday, December 11, 2007 3:36 PM To: Angela Reeder Subject: Re: Case File 2007-37 S, CUP: To: Angela Reeder, Associate Planner City of National City Planning Department In regards to your pre-CEQA Tentative Subdivision Map and Conditional Use Permit for 17 homes at 14th St. and Kimball Way (Case File No: 2007-37 S, CUP) project inquiry, we have reviewed the information provided to us and have the following comments. Given that the project shall be developed outside of the 100 year floodplain and will otherwise be outside of any Department of Fish and Game jurisdictional wetland boundaries, we do not have concerns for the project activities, as stated. If, however, changes in the project design occur and are reflected in the forthcoming CEQA environmental document, the Department reserves the right to modify its comments regarding the new project design. We appreciate the opportunity to comment on this project and to assist the City in further minimizing and mitigating project impacts to biological resources. It you have questions or comments regarding this letter, please contact L. Breck McAlexander at (858) 467-4229. L. Breck McAlexander Environmental Planner California Department of Fish and Game L. Breck McAlexander, M.S. Environmental Scientist CA. Dept. of Fish & Game South Coast Region (858) 467-4229 fax: 858 467-4229 �l 6 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: The Highlands at 14`h Subdivision, a proposed 16 Detached Single Family I Lome development, Project No. 2007-37 IS Applicant: Bitterlin Development Corp. Chris Bitterlin (619-718-6550) 245 San Diego Ave., Suite 121 San Diego, CA 92110 Address of Project: 1.51-acre site on the north side of the intersection of Kimball Way, I' Avenue, and E. 14th Street, within the City of National City (APNs 560- 050-06, 10, & 12, and 560-410-03) Project Description The applicant has submitted an application for a subdivision to develop 16 detached residences on the north side of 14'h Street and Kimball Way in an area currently improved as a parking lot for an adjacent retail development. The property is primarily flat, sloping towards Paradise Creek on the north. No development is proposed in the creek. Access will be provided from E. 14'h Street, with an emergency -only access at the northeast corner of the site. The 16 new homes would all be two-story structures and include two -car garages. Each home has a private, fenced rear yard; size varies throughout the site. Thirteen guest parking spaces are proposed in various locations throughout the site. I)ue to the topography of the site, including an approximately 12 to 16-foot slope at the north and west side the property, retaining walls are required to provide level building pads and the driveway. The buildings proposed are two-story and include both two and three bedroom floor plans. While various exterior color schemes are proposed, the primary construction materials include a stucco finish, brick and stone accents, and concrete roof tiles, with decorative wrought iron, awning, and shutter accents. Environmental Findings: The Negative Declaration (2007-37 IS) has been considered together with any comments received during the public review process, and based on the whole record (including the Initial Study Checklist and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons t2pupport the finding is attached (2007-37 IS). I. PROJECT TITLE/PROJECT it: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERA!, PLAN/ ZONING DESIGNATION: The Highlands at 14`1' Subdivision, a proposed 16 Detached Single Family Homes, Project No. 2007-37 IS City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Angela Reeder, AICP, Associate Planner (619) 336-4310 1.51-acre site on the north side of the intersection of Kimball Way, F Avenue, and E. 14th Street, within the City of National City (APNs 560-050-06, 10, & 12, and 560-410-03) Bitterlin Development Corp. 2245 San Diego Ave., Suite 121 San Diego, CA 92110 Chris Bitterlin (619)718-6550 General Commercial zone, CG 6. ASSOCIATED APPLICATIONS: Tentative Subdivision Map, Project No. 2007-37 S Conditional Use Permit, Project No. 2007-37 CUP 7. PROJECT DESCRIPTION: The applicant has submitted an application for a subdivision to develop 16 detached residences on the north side of 14'h Street and Kimball Way in an area currently improved as a parking lot for an adjacent retail development. The property is primarily flat, sloping towards Paradise Creek on the north. No development is proposed in the creek. Access will be provided from E. 14th Street, with an emergency -only access at the northeast corner of the site. The 16 new homes would all be two-story structures and include two -car garages. Each home has a private, fenced rear yard; size varies throughout the site. 'Thirteen guest parking spaces are proposed in 28 Initial Study - Page 2 of 18 various locations throughout the site. Due to the topography of the site, including an approximately 12 to 16=toot slope at the north and west side the property, retaining walls are required to provide level building pads and the driveway. The buildings proposed are two story and include both 2 and 3 bedroom floor plans. While various exterior color schemes are proposed, the primary construction materials include a stucco finish, brick and stone accents, and concrete roof tiles, with decorative wrought iron, awning, and shutter accents. 8. OTHER AGENCIES WHOSE APPROVAI. MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Silmilicant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics • Biological Resources ❑ Geological Problems ❑ Land Use / Planning ❑ Public Services ❑ Agriculture ❑ Cultural Resources ❑ Hazards & Ilazardous Materials Li Noise ❑. Recreation O Utilities & Service Systems 0 Mandatory Findings of Significance DETERMINATION: (To be completed by the I.ead Agency) On the basis of this Initial Evaluation: ❑ Air Quality ❑ Energy & Mineral Resources O Hydrology /Water Quality O Population / Housing O 'Transportation/Circulation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not he a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X 29 Initial Study - Page 3 of 18 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Signature Date Printed Name: Angela Reeder, AIC;P EVALUATION OF ENVIRONMENTAL IMPACTS: Title: Associate Planner I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should he explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CFQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever tbrrnat is selected. 30 initial Study - Page 4 of 18 9. The explanation of each issue should identify: a) The significance criteria or threshold, daily, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources Potentially' Less Than Less 'Than No ) 1. AESTHETICS - Would the project: Significant Significant wf Significant Impact p Impact Mitigation impact Incorporation a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 1.1, Li [_1 X 2, 3, 4) h) Substantially damage scenic resources, including, but not I —I I. J [1 X limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of L 1 I L X the site and its surroundings? (1) Create a new source of substantial light or glare which would L 11 1 1 X adversely affect day or nighttime Views in the area? There are no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project. Also, the City does not have a policy to protect private viewsheds. The proposed project site is currently used as a parking lot, thus not containing any scenic resources. The site is located within an urbanized area and surrounded by commercial uses and multi -family development. To the cast of the project is a shopping center with a 99-cent store as the main tenant, and to the north is a Waimart. The proposed subdivision includes 16 new single-family lots with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. Development of the site would improve the aesthetics of the area by providing landscaping and construction of 16 single family residences where currently there is an asphalt parking lot. Construction of the project will necessitate road improvements and street lights. Site developments are required to meet City ordinances requiring shielding of light fixtures to eliminate spillage onto neighboring properties and public rights -of -way. 'Therefore, there would not be a significant impact from the proposed project. (Sources: I, 2, 3, 4) II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Lcss'Ihhan I.ess Than No Significant Significant wf Significant Impact Impact Mitigation impact Incorporation 31 Initial Study - Page 5 of 1 S a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Cali forma Resources Agency, to non-agricultural use? h) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or mature, could result in conversion of Farmland, to non-agricultural use? National City is a built -out community and there is no farmland trapped or planned to be mapped within the City, or more specifically on the project site. The site is also currently zoned ficr commercial and multi -fancily uses, and no Williamson Act contract is associated with the land; therefore, the development would have no impact on agricultural zoned areas. (Sources: 1, 4) 111. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may he relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrat ions? e) ('reate objectionable odors affecting a substantial number of people? Potentially Less than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation u u X IJ ti C x The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. The proposed project includes the development of single-family structures on property currently improved as a parking lot, and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County_ Also, the project includes aspects which reduce pollutant discharge, including appropriately designed landscaping. The site is located near retail uses, Kimball Park, senior center, City Hall, and the public library and has bus service provided along D Avenue and Highland Avenue which would allow increased pedestrian transportation and reduced vehicle trips. Implementation of the project would result in an increase of 192 daily vehicle trips. Emissions resulting from 32 initial Study - Page 6 of 18 developing the site would be directly related to the amount of vehicular traffic generated by the facility. A traffic review in December 2007, calculated that the project would generate 192 ADT or "low volumes" of traffic. Consequently, while the proposexl project would have an incremental impact to area -wide air -quality, the individual impacts attributed to this project are immeasurably small on a regional scale and will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site is primarily flat, the proposal should not include extensive grading on -site and any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would he required to implement dust control measures. While dust from grading and other site preparation would generate particulate matter emission, due to the small amount of grading, and with appropriate use of Best Management Practices (BMP) for site clearance and grading, the project would not generate significant particulate matter or dust and would therefore not result in a significant impact. (Sources: 4, 8, 9, 14) IV. BIOLOGICAL RESOURCES Would the project: a) I lave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDB(1) or U.S. Fish and Wildlife Service? b) I lave a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or IJS Fish and Wildlife Service? c) Ilave a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, tilling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? c) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? t) Conflict with the provisions of an adopted Ilabitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The proposed 1.3 acre site is located to the north of the intersection of Kimball Way, F Avenue, and E. 141h Street in National City. It is bordered to the north by Paradise Creek and a City drainage easement (with Walmart on the other side of the creek), to the west by Kimball Way and senior residential towers, to the south by 149' Street and mixed residential development, and to the east by a commercial center. The site is currently improved as a parking lot and serves the adjacent retail center to the east. PotentialI Less Than I.ess Than No Significant Significant w/ Significant impact Impact Mitigation Impact Incorporation L C x Ll x LI x 33 Initial Study - Page 7 of 18 According to a biological evaluation conducted by biologist Tricia Wotipka at Dudek Associates, dated June 27, 2007, a biological resource evaluation was performed in March 2007. The evaluation notes that the adjacent Paradise Creek is highly disturbed. The survey notes that the creek is located in a heavily developed region of National City and appears to convey runoff from the adjacent commercial and residential developments west to the Pacific Ocean, less than two miles away. While a formal wetlands delineation was not conducted onsite, the extent of jurisdictional resources was anecdotally noted based on the presence of hydrophytic vegetation and hydrology indicated where associated with the stream channel. The southern hank was specifically examined for evidence of an ordinary high water mark arid drift lines were noted where present. The results of the survey indicate that the creek (Paradise Creek, but noted as unnamed in the report), supports a limited assemblage of native species. Due to the extensive urbanization of the area and attendant year-round runoff, the channel segment supports perennial stream flow along with an abundance of trash and debris, approximately 10-15 feet wide and supporting herbaceous wetlands habitat characterized by Bermuda buttercup, curly dock, Canary Island fan palm, prickly lettuce, alkali mallow, sweet fennel, wild radish, cattail, cane, and bristly ox-tongue. The upland slopes support ornamental landscaping characterized by a mix of non-native shrubs, grasses, and forbs. The report concludes that as implementation of the proposed development will be constructed outside the areas under jurisdiction of the ACOE, RWQCB, and CDFG, there will be no requirement for wetland permits; therefore, there are no significant impacts to wetlands. (Sources: 1, 4, 5, 10) V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic featurc? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Less Than I.ess Than No Significant Significant wl Significant Impact Impact Mitigation Impact Lj L.I Incorporation No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site and there are no recorded archaeological sites nearby. Additionally, the developed nature of the area, as a parking lot for an adjacent commercial center along with the surrounding conunercial and residential properties suggest there no impact to historical or archaeological resources are anticipated. No cultural resource constraints are known to exist on the currently developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human retnains during construction, the applicant shall lake all appropriate steps as required by relevant federal, state, and local laws. The proposed project would not result in a significant impact to cultural resources. (Sources: I, 4) 34 initial Study - Page 8 of 18 VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Less 'than I..essThan No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation n L-i x 17 1_I LJ x n n x According to a Geotechnical Investigation prepared by GEOCON Incorporated, dated June 25, 2007, no soil or geologic conditions were encountered on the site which would preclude the development of the property as planned, provided the recommendations of the report with regard to standard development issues such as grading and soil compaction are followed. 1'he GEOCON report notes that although the site could be subjected to moderate to severe ground shaking in the event of an earthquake along any of the faults in southern California, they do not consider the site to possess any greater seismic risk than that of the surrounding developments. in addition, the proposed structures shall be designed in accordance with California Building Code guidelines and/or those adopted by the City of National City. With regard to other potential geologic risks, the GEOCON report further states that due to the dense nature of the formation soils and the absence of permanent, near -surface groundwater, the potential for soil liquefaction at the site is considered low, and no landslides were observed at the site or in areas that would affect the subject site. The proposed project site is would incorporate traditional sewer laterals, which connect with the existing sewer 35 Initial Study - Page 9 of t R system that serves the City. There would be no need for the use of septic tanks or alternative waste water disposal systems; therefore, there would he no impact. (Sources: 2, 4, 13) VII. hIAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous ernissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? It) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Less 'than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L. 1 C_ x I. x 11 L Li x LI ❑ 11 x f� h x The proposed project area is within an urbanized area that is not identified as a hazardous material site and there are no hazardous materials associated with the proposed single-family residential use of the site. Also, the site is not within two miles of a public or private airport or associated airport plan, therefore would not be an impact. (Sources: 1, 2, 4, 6, 13) VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 36 Initial Study - Page 10 of 18 a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off - site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impale or redirect flood flows? i) Expose people or structures to a significant risk of Toss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by sciche, tsunami, or nmdflow? 1 l Ll I.J x 11 LJ x Ll 11 C! x fl [1 ❑ x LJ 11 Ll x [ Cl Li x C.i fl x x The proposed project property is adjacent to a portion of Paradise Creek, which runs along the northwest side of the site. The majority of the project site is currently improved as a parking lot for the adjacent commercial center and according to a Preliminary Drainage Study prepared by Walsh Engineering & Surveying, dated June 28, 2007, drainage from the site currently surface flows to the north into an existing catch basin and storm drain pipe which discharges into Paradise Creek. As redevelopmentof the project site includes the removal of the paving and replacement with homes, landscape areas, and site stormwater brnps, the impervious surface will actually decrease from its existing condition as a result of the proposal. As such, the stormwater peak runoff from the project will also decrease. The requirements of the permit would control drainage on -site. 'l'he project will also be subject to state and local stormwater requirements, including appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial 3'7 Initial Study - Page 11 of 18 erosion or siltation; therefore, there would he no significant impact. The area is not within a failure arca of a levee or dam; therefore, there would be no exposure of people or structures to any significant risks. The proposed project development is located outside the boundaries of both the 100-year and 500-year flood zones, and would therefore not place housing in a flood zone or add structures that would redirect flood flows. A portion of the lot to the west of the development does lie within a 100-year Flood llazard Area (Zone A) ); however, the project site sits on the top of a steep slope approximately 14' -18' higher than the stream below and no impacts as a result of the flood area would occur. Also, the project's addition of landscaping would reduce runoff to the stream below from current conditions. The project would not result in a significant impact to hydrology or water quality. (Sources: 1, 2, 4, 11) IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The proposed project site is currently improved as a parking lot for an adjacent commercial property. The site is located within an urbanized area and surrounded by commercial uses and multi -family development. To the east of the project is a shopping center with a 99-cent store as the main tenant, and to the north, situated at a lower elevation, is a Wa1-Mart center. A mix of residential uses surround the site to the west and south, including senior apartments, single, and multi -family units. While the subject property is located in an urbanized area, the 1.51 acre site is therefore improved far below the site's allowable development potential. The existing General Plan/Zoning designation of General Commercial (((i) allows for retail commercial development, as well as residential up to a density of 34.8 dwellings per acre, whereas the proposed development would be constructed at a density of 10.7 per acre. Potentially Less Than Less'rhan No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation U I Ll x LI Li i' x In addition, the project could provide an appropriate transition between the adjacent commercial and residential uses; therefore, there is no adverse impact to the community. The design of the site is also mindful of the surrounding uses, including a landscaped wall along the eastern boundary adjacent to the retail use, less fencing and screening along the northern boundary, as the adjacent Wal-Mart sits at a lower elevation and is separated by landscaping within Paradise Creek, and a more open elevation toward the residential uses to the south, with some units taking pedestrian access from 14th Street. 'lhe proposed development would he consistent with the General Plan land Use goals and would not result in a significant impact. (Sources: 1, 2, 4) X. MINERAL RESOURCES Would the project: Potentially Less Than Less Than No Signifcant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral 38 initial Study - Page 12 of 1 R resource recovery site delineated on a local general plan, specific plan or other land use plan? X Discussion: There are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact. (Sources: 1, 2, 4) Xl. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundbornc noise levels'.' c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation u cl n x IJ Li x 1.1 L LI x li 11 x LI �] X While the proposed project area is in an urbanized and commercial transition area, it does not fall within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise. In addition, the project will comply with requirements of the State Building Code and City ordinances with regard to noise for single-family residential projects. This requirement will be incorporated into project structural plans, and therefore there is no significant impact to new residents. The project, by its nature as a single-farrtily project, would not typically generate noise levels or groundborne vibration in excess of local standards to affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, meet the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance. Upon completion of the project, all noise from the project operations would he required to conform to the City's Noise Ordinance, and because construction noise is temporary, no significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. (Sources: 1, 2, 4, 6) 39 Initial Study - Page 13 of 18 XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project is a residential housing development including 16 new single-family homes, at a density of approximately 10.7 units/acre. As such, no significant increase to population within the City would be expected as a result of the proposal. Also, while the development would result in some new population growth on the proposed property, the increase is not considered substantial as the City's General Plan allows fir a maximum density of 34.g units/acre on the site. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ! H x rI ❑ ❑ x Ll ll x The proposed project would not displace substantial numbers of people or housing, as the project includes the addition of housing on a site that is currently improved as a commercial parking lot. As such, there no impact expected as a result of this project. (Sources: 1, 2, 4) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, neat for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially IAxs Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X ❑ LI x ❑ I_ X L1 x The proposed project would not result in adverse impacts to public services. The project site is currently and 4 0 Initial Study - Page 14 of 18 will continue to be served by the National City Fire and Police Department. The closest Fire Department is only 4 blocks away on D Avenue and 16't' Street, and the City Police Department is 6 blocks away at 12th Street and National City Boulevard. Typical response lime for this neighborhood would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access through subdivision, including an emergency access gate at the northeast corner of the property. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. The proposed project would result in no impacts to City schools or parks, as the proposed 16-unit residential project would he expected 10 result in a negligible additional of school children or population in the area. The project also includes sufficient private open space on -site for use by residents to meet City requirements and Kimball Park which offers sports fields and open recreation is within 800 feet of the proposed development. (Sources: 1, 2, 4, 14) XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed project includes the construction of 16 single-family residential homes, each with private, fenced rear yards, along with common open space areas (Or the entire development. The project is located within waling distance to a community center and playing fields at Kimball Park and senior services at Kimball towers. As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding area; therefore, there is no impact. (Sources: 1, 2, 4) Potentially Less Than Less 'than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li 1..1 x 41 initial Study - Page 15 of 18 substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? H LLi U x L1 n L-1 x 1-1 x I.1 I X According to a review of the potential circulation and traffic impacts by the National City Transportation Engineer, the proposed project would not cause a significant increase in traftic. While the addition of homes to a currently undeveloped site would result in an increase in trips (approximately 192 average daily trips), with such a low increase in trips, a full traftic study is not warranted, study segments would be expected to continue to operate under capacity, and the existing roadways will adequately serve the project. Project plans include development of three driveways on the site; one retaining access from an existing driveway on 14th Street and extending to the northeast corner of the site to an emergency access gate. The other two driveways would consist of hammerheads that provide access to individual driveways. Parking forthc new homes is provided in two -car garages. Parking for guests is provided throughout the site along the driveways. The new private driveways proposed within the site will be designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. In addition, the parking proposed on -site accommodates each of the new 16 single -fancily homes and exceeds guest parking space requirements, per the City Land Use Code. Therefore, there is no impact. The proposed project does not contain any components that would result in a change in air traffic patterns; therefore, there is no impact. While the site is currently improved as a parking lot allowing public access across the site, the north and west boundaries include steep slopes down to the open space and creek below. These slopes restricts access to only those pedestrians entering the site from the public sidewalk along 14th Street. As such, access will continue to be available from 14'h Street to the east of the site and public access through the project site is not necessary. The proposed project would not conflict with any adopted policies, plans or programs supporting alternative transportation and therefore, there is no impact. (Sources: 1, 2, 4, 14) XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage 42 Potentially I.ess Than Less'I'han No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Initial Study - Page 16 of IS facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Ilave sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? t) Be served by a landfill with sufficient perinitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? II 1..1 II X 1-1 1 1 1...1 [ 1 x The proposed subdivision is located on an improved property located within an urbanized area with existing utility services, including water and wastewater facilities. Comments received from City staff and Sweetwater Authority indicate that capacity exists to handle the needs of the proposed homes. Therefore, the project would have no significant impact. Also, new construction would be designed and constructed to include best • management practices (RMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has indicated that they are able to accomrodate the solid waste disposal needs of the project as proposed; therefore, there is no significant impact. Also, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 4, 14) XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Polentialh I.ess Than Less Than No Significant Significant wi Significant impact Impact Mitigation Impact Incorporation U 1-1 LJ x 4:3 Initial Study - Page 17 of 18 No significant impacts to the environment as a result of this project have hecn identified. Approval of the project is not expected to have any significant impacts, either Tong -term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 44 Initial Study - Page 18 of 18 REFERENCE SOURCES: Reference # Document Title 1 National City General Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Iighlands at 14th Project Plans (2007-37 S, CUP, IS) 5 US Fish and Wildlife Wetland Mapped System (http://wetlandsfws.er.usgs.gov/wt Inds/launch.html) 6 FEMA Map Service Center (www.fc►na.gov) 7 Preliminary Drainage Study and SUSMP for The Highlands at 14t°, prepared by Walsh Engineering & Surveying, Inc., dated June 2007 8 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 9 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 10 Biological Resource Evaluation letter, prepared by DUDEK, June 27, 2007 11 Environmental Assessment Form for project 12 Co. of San Diego Department of Environmental Ilealth website (www.sdcounty.ca.gov/deh/) 13 Geotechnical Investigation for 14th Street Bittcrlin Development, prepared by GEOCON Inc., June 25, 2007 14 Comments from National City Fire, Building, Public Works & Engineering Departments and Sweetwater Authority Available for Review at: National ('ity Planning Dept. 1243 National ('ity Boulevard National City, CA 91950 National ('ity Planning Dept. National ('ity Planning Dept. National City Planning Dept. online online National City Planning Dept. National City Planning Dept. National City Planning Dept. online National City Planning Dept. online National City Planning Dept. National City Planning Dept. 45 �?�Anmr,• ADM TENTATIVE MAP NO. 2007-37S n.•rlm ooratrt ra •a. n.rr.-arm I.. ...I SOSR.a a:.a,L.,ar .. . •RM trod •TL x?Mr s•1q -nea.: a•sfv -Tr 00 • WTTi ONL !•Otl 107 •07..a••'\I o•>'Ii V.S .rNll(9 T. ,....7, n. M 4.4 f• 14; 14.41 0. VT a[ If 00. MOM YWa .q➢Rat M•1V• to•N'b O.a: 7•07.72 OltM v. •*.* 77Mt Y t • Tc.n rat )a .• •I.TOR.f.1.731 a1.•r0.i•.•V w'R Yr aV .77•7,..UnNr j t • polar0l •z R. dl r" r /'1 ''T r O. 77-,r(.4w•0 •e R..Yrin jtlr�reT.l�'�G .r • VICINITY MAP •nr.l rTT I. Pl: AIXt4➢a S•.,f MrLI SAC'3E ""'' - I ,. Y pl. - rJY1R e` Q xGUSL Y.R M11t• •.•4Yn _ 101 Tt/-1-Pm . :r KMx.Y ew CA 771 EXI-IIBIT A CASE FILE NO. 2007-37 S, CUP DATE 1130/2008 L 'Y' erA �1 Iraa rP eO f-1. 0.9\d•J !M 0.Y O,TAZI,%171" 9 111111i TQ JUO Iaw 1r.0 Oft.. 'Aro 1.1r rt 11 Y9] q . �rn0r ®M1a.11 7.70 VON Ya (JrreTCp eauo SW (t)r.Ylia r .-", 41. WV ®.q.o 1.1... ®41111, Vbw. Wu, Y Y•P, y W/1p ay..:rt. il(YP ',73IM 1"UM 0.•13nJuaW V'TOd1.4 raNOtyros r IYMI rY I.1i.7 [[r aI•TD T g 11V e/Ob.+= r on . Virotes 01 7.VYL Mara nwa Y ns•w 1IrzI QtJ r.1/.R Mod iet wo• so. T L00,x1.r Q.111.77 yrar ..Fn Yla.•¢ ®IVm¢ AN ROM, ®•.xvo 770 ON 67700 r Yo m••➢ A qyp)`r r r .v c•ypotI•l• .r .!Rrr OT `rfY.LL• J r.V1zJ r h. row Y.. 13 worm iglu,. eons. ••t T.O 1 S Oy0 OIM f•a 711, j,..wv SNP .71O. g.. �11R le.rqt 00.700YVb ®Lard .v 1 ¢ Rna¢ M096y yer�lya°[pSyYOP�Y.V..- ®np X:410 rJ lT Ga0TOn-gn ®abC11'I M[ 1, usr.,, glom,04.7 KartUOI•r e.tez g l5a11Y , tOCLMX 43,17 7030 . 41L 00ylez Mr r. RCA K 010' maw' r0roK0 Kari Lepgr I. :[.'[ M •elT•T 0•�,.{U1l{COq°p•.f'YW•.�I% V31f! 1.SAro-rd.'ly g•ZaMOL.Yi P4.M1M. nrrfYR THE HIGHLANDS AT 14TH um. mUGPo*Tlm ± ,oaa ✓ a a mr .. es• 2. YGna ....ao L• • Foa..cmc.n r'a Yu wtor a. YCRLL arrO. Mawr Y SnR. 01' 7.0.17. 4G00.7. 00 3.7.7.77 Pc at, JENTA'W YpvymtEe • tar ..117117 l .w0ff .rq: •a 'qrt 0 7C.010.11 .• •cr.s. 0 •01.. ea• II7. •a.r ... or lr...•a-i> Mx rt•• .x • y .lb,e Or 101: .. 1: s' ▪ per., nrroLr 0 ont, rota. n Ya 0 77 '. rzrrxc . 7,77¢0 7.0.7. w : tw•a xr.a•rr.•. Inrw •.1 0*010 L a➢'1:•1 i00 Or. 0 x•-ah a'• U.3 DO rw•l 07 ama lN PL1[vl fl °,ao0.: OI[LYu•.1 .• 7a770 . we-o a1 . you a n S:q*'YC O csort 0 c7v0+• on .mr n'L¢x' .# ...70 .01 '--}L V1r ROM h17. . .J.•arr, uue.[.<Lr'w rc •rt »;00 • :.(1r t ^• •.l Lar a a. 7.137G•. c.•rr•0' •: YL(r r.O. RI 07 nw{u•! N ➢ n I I� �lM1�[rNtV rrlOr yrV TrT..N]w AY O) fir.+d j 1 I.Ypl1'. r. 1.r le 4 JAI r.Tl DRIVEWAY A" r.7...K 14• •Vr¢ nYnt 1 TY Tm.al• =-, 3. r I 11 I9R.rR rr4 \-._... _-. mlY 1.. uRY•GrI 1 crsyr� c•arm �tL_. 040 -aCa2M 3Sm.t arw Yv ',ln,s'r 1, I�-Ly3_ JAL ➢a KIMSAI.I WAY r, T 'tmmtrT SECTION A•A ;;� °_• dual tax a'+ rnl.:a.r«aT \teee as .•P: in.... 0 r _ 1 ra Yz 1Y.w i 1tt ko .ve� r eMo .•n K. rK TR rx.v.LY. r• Yrp,. 1l TH STREET nr - Y no, [nRo an.r. r, tel s•. eL:a � Inv • 1".• .rfa1• -- C11Y: K. ➢•..-3•: J 9E. rr•: pv •IIGAN' I O;1BDW;7ER; • • g 410*40. VOL,. e.rYM x(30 0.xC.1•a•n 1;n ur xx. c. 7.7 va.., Thy i*TTYE MAP PREPAREG Di_ .8•MT ! w- Uri . ',•,,,rt aTrr a-�- r],�CorOlrf B.B T I`7Mw Ora .. Engineerh0. A➢WM ,iIK IMlr. a! .70.74 NOR-11 nua sr) Cr••,111CSC,E • 4.14*,;14 4'4,..j._,_' ,m...,',.. ____ ------ _-- .. 111.1:4-10N Rs( LA NDSCA P E„.PF-„ANI , . FOURTEENTH STREET N.ATIONAl. CITY, CA R EVI5 F I ) 05.NC. VEMBE.R.2C0-7 1 W moan Ervinserong & Sunnytng. 0.11•41,41 OPIN iPA:•-•E CALCUL'', I 10. NS t_xtM.Y. USAU. CPENS.r/t ,1k1. IF(1,1:Nt RLIR 01,1:,.. IS SI.SC. r • A.,..,00.0(11 PR:, 1041711.1 .1LIF REQUIRED PR 1,0: PRO.11:fD it _Qt.! D ( OPN P L:II) 01,1 11/ OPEN ','ACE LECLNt) I -• • ft/Oh"..- 0.1 „-- • • — • .000,, • WJ.i FENCE LEGEND PLANTING LEGEND Earialle ...1124.1.0111 • am ni••• • liSth. 411.° ZIEJ 'NE-)12MATION NT LI r. 0,1,1 ' FC • 'V' ,• EER.. • to. .• , r, - • " LK1. ..r _ • - — " • — I • A I ,Ncor.: FENCE 1. I I / IT\ , „..,. Sf. 111‘,K•.• . - III0DE T ABU ,rrnv, IIIAREAS rInkoAcolon wr,o, no, 20 CNT V.i0, srom I. ABBAS WITTOU I0 rIO 7111,1,,f7P1, I I, FOURTEENTH STREET 15 UNITS I 3 CiUEST PARKING SPACES BfrITALIN DPI , • - HT, 10 • AM, WO, 071. 1 • MP. N • NOV NOM 07.3101010*10 N • .1 .7,01 N • 'lean as • wet swa an • awn nta • sass Val 41. 40, 7 • • 4,11 11 44 7 • /070., ar77. 77 • Own 041011 • • 4r4 owernst • 07,7 GI 0,14 tri•YIP ITT WI 447%4 • 17,t 04010 • • ' Z 1 • t 711.1t:'. IV • .44 0,1 .11040, 04.041 0 • 4741 •f• • .41-7 vas n•CR1 71 • • VW • real 4! ••• 234 0441 S• • NNW( NMI r: • 10 7 OM .•• 000 ' I ' CONCEPTUAL GRADING PLAN ,:•leg. 7.w r1I+k 1,trSt fain „ I Iarsras M.) , 5 07 '' • ; - .07 I • ,v -• ' • - SI EN! 7104C 11.47.1.17:71-'INC. Cl.‘!„.1,,st,uSN,IVT CasIvc WSW most Ss.7 :7)00,0 WO PS, et 000 as apron Tr•sravt tr vs. a. F'. 4 ® P•aff. 7747,104 001e77.0 I 14 4.117 100. ®1•17,3 40•4I (1;14.744 0744 144, ±00010l00 43,77,1, 64.4 44 01000 ▪ ISM NOY Witt• 44 11•55.0 h1. 0p.• 10 04.50,2 Li71, NO, kn. •4917 44 01..o.7 CI,. UK 10 r loss sap Goo. .13300(01 .113 417 f••• (3.74,5 7, mg, ssras •••• a or We& — — 3.471C •740.1 17% 7 3,412 0,0 P.: rws .Drsaseeso r usta isso. cras 1.)757,-,Erxig solIS 010., • 7.. V.0, ow.. 4311,rj,/ • •Cs las •••• smns so , 1.14•1.N. SECTION A.A LEILA THE HIGHLANDS AT 14TH 8 WPM. f 01.7401 AMA ,f707,7 41 .4 4, t -II a (4071.9 scorws•sosr.os Zsnst. 7sao''soroe's. ssnes. • ,„,sr."... sts f II '1 1 . IMO= UM II, [Ibrwt *0000 Oracle Nal LAT., saosh7osm r ast sms 3 Man= 74a k I( eas ss SNOW YR, m /4, . ••••*, 0477 7 4 9714 i NT..407•11 40,0 ,.. ,... mr. 74 1 ( r , 1 irkr`l. XV% :War, T.W.A.M.P.4 1$ E C.1 ..1:, I, 0:N:".. 878."'" , •0221. 70,1. IP, .0111,Pn se M non vs. It ......1.,41 RI R.711 sst tin"' t....Of LaOttc, AOSTI !/11/100 C•1 /71 0 14 •517/15A N.9TIL 474 rt W. 7, 44,4$ 10.02' 4,00 107 ex t xl IN‘TP 11`01,to A.: 3.4500(0 17,4, vta 10Alf 5•704 .1,1••••••• •0,70 700(7 0107410 Troassrc 001. Y_SJ s .s'aass, .11714-0 7,4 _ oteNrartkv**,',"-"--° 14414 4,1 4•16 14:911 1•037,1 1-7- • . • • —7'5 1 1 —21 01 . (11054 r...: •••••••00 T— 5 .•••••••7 I. V 0 5 , 0.0 44. 7..., C., 10, 04 4.45e, •3 . KIMBALL WAY ...am .c.a oars". a.slCs, •76•01 /.0•5.• 0.05 0,.• 5-100,510 l• 011,1,. ,,,•....4 ,...... ....,,,,, •• • } ,... '''' * \ 00 P--..........t..., • IV • 15 nos,. masa r V.,•• 4,0 • 07740. 15 1, I 4, 0.0 11101,• '9509.010-0 14TH STREET rate.. PREPARIQ_DI, • „, • A , , 1, 3 • -sec e FOURTEENTH STREET BITTERLIN COMPANIES SUBMITTAL PACKAGE A. OW IL • 06.26.07 DFAT IPL4A1 L !4WD PIACI! PLAN FOURTEENTH STREET BETTERLIN COMPANIES PLAN ONE p7z?. AS90, C6.26.07 401•51221.:14iiiiewirar MOO RIX% 102 Q. VIAL IDN BP. wiry= IlLavATIOSI --_ aseporimitem• OM. 111104•1111.4. Vt ILINATION 41.11:4 ILIvATICSI 3110 IILINATION FOURTEENTH STREET BETTERLIN COMPANIES PLAN ONE .77*7 ..o.••,-..ar 06.26 07 uorvizit suavATtav ibtal IsLiviettc2.1 '15; 11:1:••• ILU 011•01.V. II._ ••1•111. 111111111/10dIVII•M•1111111.0110 0111110107. VI* _Ins 1111•NP01.4. mint litivATICA1 11.11vATIOS1 FOURTEENTH STREET BETTERLIN COMPANIES PLAN ONE 74.74yster 96.26.07 C7T kirplcs miwerleN Ala 'I 1. Ntir suavAtImi 00Pc•Irfli RAI 1.011 ••••••VIND 02.000111. 040,••••04110/ Dity4CI nuivAtIct4 IwoL..kv4N FOURTEENTH STREET BETTERLIN COMPANIES PLAN ONE 06.26.07 FAS PLAN VW rl oO* PLAN FOURTEENTH STREET BETTERLIN COMPANIES PLAN TWO C6.26.07 PIMS ULOOR PLAN MIST MOOR. MI u. Mao Raw MI AP. MTN. Ur V. Lfl 1 isrpOlt IILIVATIGN 'A' 51117 At= LivATteN FOURTEENTH STREET BETTERLIN COMPANIES PLAN TWO 06.26. 07 1111.111VAT Ohl '.11' IILIIVATiON 'A' ONI1•01111l11 ••••• Pald.• 1111.11./0 41•11•L O MIIMPIN ▪ 1,0(0111.11.11.1111 OILOW.Ar 011111. OMR 1)1 wry= mulyArlew .M.•••••• Ditg alma Nurrierlaq FOURTEENTH STREET BETTERLIN COMPANIES PLAN TWO ittN1 'V MO, NC '`• 06.26.0' IIIJEVAT 1 ON 411! NO ELEVATION asson•nallti• MIAMI •••••• 1•••• .1011610 Id••• 111.1.1111W1..41.11.• 111410111.4TO 1.14.1.90441 LT, co Wirp101111111VATIGN '0' 1:1 tiff blot wilerlow FOURTEENTH STREET BETTERLIN COMPANIES PLAN TWO TnMKPflLY flEC V( *Az Ancr_ata.r“..a• 06.26.07 wrir suRvArlasi MUIVATIGIsi '0' &WON, .11.11 WOW MOO& MY 1410., .1110111 00•1,0,40 OINVIR COMPIVTA a 1•10.41,..0,11100. 1 lifir7 'LOOM PLAN FOURTEENTH STREET BETTERLIN COMPANIES PLAN THREE 11. Wit MI I .19, ,t 06.26 0? tit% PLOGIII MAN MIR 9.CC44 620 SF. ter.412 PLOCII 1002 Of. IMO Sr. ILINATIGN 'A' ELIrroATION leLlivATICIN 'A' • iv NW, IlLivATICN FOURTEENTH STREET BETTERLIN COMPANIES PLAN THREE AMC .0.C.‘,71,[ar.4•• ••• 06 26.0" IlLivATICfs/ '6! 501 *tau IBLIvA710,1 L.ZVIW'111' 5IM ILIvakTION '111; FOURTEENTH STREET BETTERLIN COMPANIES PLAN THREE 'Yrs •• 4 LW 4..11,,t1. • 06.26.07 004011/111 MOM 1.1.••160.0 011.1"Mt. •01•••••••11,.• V.• .111•••••••• MO* .11•01.1Vera ROI ••••••1•1411 00.14•••• cull= isURVATICN 'C' 501 41C11 ELEVATION • 1 (n) pri MST ELEVATION 'C' • Niffy ILIEVATICN 'C' FOURTEENTH STREET BETTERLIN COMPANIES PLAN THREE MS, 41,-re-, • r • ,n+ni,, 06.26.07 MC mu" 6d'a Q 'LOOR PLAN FOURTEENTH STREET BETTERLIN COMPANIES PLAN FOUR 11.14,[1,1, 06.26.07 FLOOR PLAN row ?um Y13T. woo 1p1 N. Tori1. VIM V. Spg "ZS 11-11VATICN ' nil *Zs suivArlasi 'A' 1 L L DO 011.011.,• 111101.1.4/ RAM 11,01011•11111 MI/ WOO INS.* MD _a NO,S1•111.111.1.441114 --4 ILIEVAl'ION 'A' I II 240, L.svATictq FOURTEENTH STREET BETTERLIN COMPANIES PLAN FOUR OS% AA 06.26 07 AfrLipptext suivATIa4 501; 4101. ILIEVATION 8 011101.1.411.0.1,11. [OM a.m., Me.. MAW 1111001•00,0011,•• WeillVer.1.1001. .3101100. NtiT 1111.11vATION I 5106 ILIWATIGN FOURTEENTH STREET BETTERLIN COMPANIES PLAN FOUR uocr)1.LV ALtPC 06.26.07 wr;frIDt riwATICN 'C' S i1De u.avATICN 'C' U t 1 - nay.. aa ,t. w ary na v wo w ,as wow arnrw wmeK er T 1LtvATICN 'C' Toe WYATICN 'C' FOURTEENTH STREET BETTERLIN COMPANIES PLAN FOUR 06.2(.07 PIPL.41s1 NW:, ['LOOP! PLAN FOURTEENTH STREET BETTERLIN COMPANIES PLAN FOUR X ••,..nrosat • C6.26.07 Orr, PAST 'LOOM Pioito, ill SP. IWO REV% 10117. VT& 1:114 M. J IILIVATIGN 'A' I I 5111 Ai= 16.111VATIMI A' eadennlo CO FINO dtamln. GOMM 111.2VATION 'A' ritr5 IILIIYATIGN 'A' FOURTEENTH STREET I3ETTERLIN COMPANIES PLAN FOUR X arkplCit RLIVATION 1 NCIV SOS - I AMMO% I I tiyr 111XVATION opit SAVATICfil FOURTEENTH STREET I3ETTERLIN COMPANIES PLAN FOUR X 06.26.07 0 jjorpCIE 111.11VATION 'C' 1 agog +bum aivATIctst ,c' L III Mf ELEVATION 'C' err rmit ELEVATION 'C' FOURTEENTH STREET BETTERLIN COMPANIES PLAN FOUR X 06.26.07 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19. 2008 AGENDA ITEM NO. 19 ITEM TITLE PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SECOND READING OF 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 adoption. 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 reads, accepts and files the California Fire Codes, 2007 Edition and International Fire Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A at ATTACHMENTS ( Listed Below) Resolution No. / LStaff Report A-200 (9/99) 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 (1CC), as the model code, along with the 2006 Uniform Mechanical and Plumbing Codes, published by the International Association of Plumbing and Mechanical Officials (1APMO), 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 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 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 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 3/16" 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'h" 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 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 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 fonn 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. 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 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 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. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (n.umbered 1 - 7 inclusive): 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, G, H 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 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 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. ® kccycledi Pap' 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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 Califomia 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. 7. Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. 8. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 /.e Michael R. D:IIa, CMC City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19.2008 AGENDA ITEM NO. 20 ITEM TITLE PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SECOND READING'OF THE CALIFORNIA ENERGY CODE, 2007 EDITION. AMENDING ORDINANCE NO. 15.75 OF CHAPTER 15 OF THE NATIONAL CITY MUNICIPAL. CODE. PREPARED BY DEPARTMENT EXPLANATION State law requires that the City of National City adopt the California Energy Code, 2007 Edition, subsequently these codes are being submitted for adoption. 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. Antonio Garcia, 336-4210 Building & Safety 1'he attached staff 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 reads, accepts and files the California Energy Code, 2007 Edition. BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9/99) 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 tho 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 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 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 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 maybe slightly off center. 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 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 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 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 andor 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. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (numbered 1 - 7 inclusive): 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, G, H 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. 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 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 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. Recycled Paper 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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. 7. Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. 8. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 7%4' Michael R. D Ila, CMC City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Fcburary 19, 2008 AGENDA ITEM NO. 21 ITEM TITLE PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SECOND READING 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 EXPLANATION DEPARTMENT Building & Safety 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 adoption. 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 I Iousing 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 reads, accepts and files the California Electrical Code, 2007 Edition and National Electrical Code 2005 Edition. BOARD / COMMISSION RECOMMENDATION N/A atiPa; 4.4eCC ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9/99) 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 ycar 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 arc 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 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 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 teen 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'/" 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 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 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 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 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. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (numbered 1 - 7 inclusive): 1. Adopting Volumes I and ll, Appendix Chapter 1, and Appendices C, G, H 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 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 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. t; Recycled Paper 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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. 7 Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. 8. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 Michael R. D:IIa, CMC City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Peburary 19. 2008 AGENDA ITEM NO. 22 ITEM TITLE PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SECOND READING OF 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 EXPLANATION Antonio Garcia, 336-4210 DEPARTMENT Building & Safety 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 adoption. "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 IIousing 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 NIA Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council reads, accepts and files the California Building Code and International Building Code. BOARD / COMMISSION RECOMMENDATION N/A (Lix41.- 416- ATTACHMENTS ( Listed Below) Resolution No. Staff report A-200 (9/99) 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 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 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 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 %" 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 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 arca 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 Numbing 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 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 arc 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. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (numbered 1 - 7 inclusive): 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, G, H 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 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 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. ® Recycled Paper 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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. 7 Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 /- it Michael R. D �r Ila, CMC City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Fehurary I9, 2008 AGENDA ITEM NO. 23 (ITEM TITLE PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SECOND READING OF 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 EXPLANATION Antonio Garcia, 336-4210 DEPARTMENT Building & Safety State law requires that the City of National City adopt the California Plumbing Code, 2007 Edition. In addition the Uniform Plumbing Code, 200E Edition is also being proposed for adoption. 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 tiled 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 N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council read, accept and file the California Plumbing Code, 2007 Edition and Uniform Plumbing Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Reports A-200 (9/99) 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 California, of which, the most restrictive zone 4 covered all of San Diego County. This dictated specific design requirements for construction. 1'he 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 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 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 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 3/16" 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 he slightly off center. 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 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 fbr 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 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 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. Smoke systems provide for the tenable environment for the evacuation and or relocation of occupants. Smoke control systems arc 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. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (numbered 1 - 7 inclusive): 1. Adopting Volumes l and ll, Appendix Chapter 1, and Appendices C, G, H 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 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 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. ® Recycled Paper 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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. 7. Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. 8. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 472x 2 ) Michael R. AlCMC City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19, 2008 AGENDA ITEM NO. 24 (TEMTITLE / PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SECOND READING OF 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 Uniform Mechanical Code, 2006 Edition is also being proposed for adoption. 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 arc 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 read, accept and file the Califomia Mechanical Code, 2007 Edition and Uniform Mechanical Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report A-200 (9/99) 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 Califbmia 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 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 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 %" 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 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 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 inforniation 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 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. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (numbered 1 - 7 inclusive): 1. Adopting Volumes I and II, 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, 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 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 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. ® Recycled Paper 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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. 7 Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. 8. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 Michael R. Ddlla, CMC City Clerk City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE February 19, 2008 AGENDA ITEM NO. 25 (ITEM TITLE Public Hearing - An Ordinance of the City Council of the City of National City Adopting Appendix J� of the 2007 Califomia Building Code and Amending Chapter 15.70 (Grading) of the National City Municipal Code PREPARED BY Barby Tipton EXPLANATION DEPARTMENT Engineering EXT. 4583 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 15, Section 15.70 (Grading). Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOM ENDATIO ordin ARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Ordinance A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Da11a, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF SEVEN PUBLIC HEARINGS AND INTENT TO ADOPT NINE ORDINANCES AND CODES AMENDING THE 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 below listed ordinances (numbered 1 - 7 inclusive): 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, G, H 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 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 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. ® Recycled Paper 4. Adopting the 2007 California Electrical Code, and Annex G of said code, amending certain sections and adding certain sections; adopting the National 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. 7 Adopting the Appendix J of the 2007 California Building Code and amending Chapter 15.70 (grading) of the National City Municipal Code. 8. Adopting the Standard Urban Stormwater Mitigation Plan (SUSMP) and repealing Ordinance No. 2002-2213. 9. Amending Chapter 14.22 of the National City Municipal Code, pertaining to Storm Water Management and Discharge Control. All 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. 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. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 6, 2008 Michael R. D:IIa, CMC City Clerk City of National City, California CITY COUNCIL AGENDA STATEMENT ,MEETING DATE February 19, 2008 AGENDA ITEM NO. 26 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.80 PERTAINING TO CONSTRUCTION AND DEMOLITION DEBRIS PREPARED BY Luis Sainz (Ext. 4214 '° DEPARTMENT Building & Safety Claudia G. Silva, Esq. (4222 City Attorney Lin Wurbs Consultant EXPLANATION The City of National City, like all cities in the state of California, is required to comply with AB939 which stipulates that the City must divert the amount of solid waste disposed in landfills by fifty percent. It is becoming increasing difficult to maintain and/or increase that diversion number. Many cities in San Diego County, including the County of San Diego itself, have put into place a construction and demolition debris ordinance to keep construction debris from being landfilled. The State is strongly encouraging adoption of an ordinance for diversion of construction and demolition debris, to the degree that they will look to whether a local jurisdiction has adopted such an ordinance as part of determining whether monetary penalties will apply if the jurisdiction is not in compliance with the 50% requirement. National City is currently diverting 53% from the wastestream and has historically hovered around the 50% mark. City staff has had several meetings with the development community including developers of all different size and type projects and have incorporated the recommendations and modifications requested by the developers. Most developers are already diverting C&D from the landfill through recycling or reuse and this new requirement will provide the mechanism to formally quantify that diversion. A copy of the fact sheet is included which describes the primary components of the proposed ordinance. Environmental Review .I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance BOARD / COMMISSION RECOMMENDATION N/A �.w ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance A-200 (9/99) 2-19-08 CONSTRUCTION AND DEMOLITION DEBRIS FACT SHEET FOR NATIONAL CITY • Necessary to assist City to comply with A13-939 requirements • Critical to continue to reduce the amount waste being landfilled • Benefit to the environment Diversion can he achieved by: On site reuse Debris can be taken to a recycling facility, or Salvage or donation Diversion requirements: 75% of inert debris (asphalt, concrete, brick, masonry and tile) 50% of remaining construction and demolition debris Covered Projects: More than 1 new single family structure and One new single family structure of 2,000 square feet or more All new multi -family projects New Commercial buildings Tenant improvements greater than 1,800 square feet Roofing projects (asphalt shingles & concrete tiles) greater than 1,000 sq. feet Any demolition project City and CDC projects with funding in excess of $250,000 or fall in any of the above categories Exempt Projects: Decks, fences, carports, patio covers, balconies, fireplace — installation or replacement Retaining wall installation Swimming pool or spa installation or replacement Projects only requiring a plumbing, electrical or mechanical permit I'rocess Points: There is an appeal process and a refundable deposit is part of the program Final Inspection or Certificate of Occupancy requires proof of diversion Minimal administrative fee to cover the cost of administering program Prepared by: Luis Sainz — Project Manager Claudia Silva — Senior Asst. City Attorney Lin Wurbs ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.80 PERTAINING TO CONSTRUCTION AND DEMOLITION DEBRIS WHEREAS, the State of California, through the California Integrated Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the State reduce the amount of solid waste disposed in landfills by fifty percent (50%); and WHEREAS, every city and county in California could face fines up to $10,000 per day for failing to meet the State mandated diversion requirement listed above; and WHEREAS, due to the increase in development in National City, the City's diversion rate is hovering around 50% which could hinder achievement of the State mandated fifty percent (50%) diversion requirement, and leaving the City open to monetary penalties for noncompliance; and WHEREAS, Senate Bill 1374 amends Section 41650 of the Public Resources Code and requires the California Integrated Waste Management Board ("CIWMB"), in determining monetary penalties, to consider whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition debris; and WHEREAS, based on the CIWMB 1999 statewide estimate of construction and demolition debris, this debris constituted 35 percent (35%) of the waste stream in the County of San Diego; and WHEREAS, with the increase in development in the City, construction and demolition materials are likely a significant portion of the waste stream that have significant potential for waste reduction and recycling; and WHEREAS, reusing and recycling construction and demolition debris is essential to further the City's efforts to reduce waste and comply with AB 939 diversion requirements; and WHEREAS, except in unusual circumstances, it is feasible to divert an average of at least fifty percent (50%) of all construction and demolition debris from construction, demolition, and renovation projects. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 15 of the National City Municipal Code is hereby amended by adding Chapter 15.80 to read as follows: Chapter 15.80 CONSTRUCTION AND DEMOLITION DEBRIS Sections: 15.80.010 Purpose and intent. 15.80.020 Definitions. 15.80.030 Covered projects. 15.80.040 Exempt projects. 15.80.050 Diversion of construction and demolition debris. 15.80.060 Diversion requirements. 15.80.070 Certified recycling facility. 15.80.080 Waste Diversion Form submittal requirement. 15.80.090 Waste Diversion Security Deposit requirements. 15.80.100 Appeals. 15.80.110 Unclaimed and not refunded deposits and accrued interest. 15.80.120 Use of deposits. 15.80.130 Final inspection or Certificate of Occupancy requires proof of diversion achieved. 15.80.140 Unclaimed and not refunded deposits and accrued interest. 15.80.150 Use of deposits. 15.80.160 Administrative fees for processing waste diversion forms and program. 15.80.170 Severability. 15.80.010 Purpose and intent. A. The purpose of this chapter is to divert building materials from landfills, and process and return the materials into the economic mainstream, thereby conserving natural resources and stimulating markets for recycled and salvaged materials. B. To ensure compliance with this Chapter and to ensure that those contractors that comply with this Chapter are not placed at a competitive disadvantage, it is necessary to impose a Waste Diversion Security Deposit requirement. 15.80.020 Definitions. A. "Applicant" means any person, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the city. B. "Building official" means the Director of the Building and Safety Department or their designee. C. "Certified recycling facility" means a recycling, composting, materials recovery or reuse facility which accepts construction and demolition debris and which has been certified by the Building Official pursuant to rules promulgated by the Director. D. "City sponsored project" a capital improvement project constructed by the City or its contractor, agent, or designee. E. "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. Construction does not include a project limited to interior plumbing work, interior electrical work or interior mechanical work. F. "Construction and demolition (C&D) debris" means the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, alteration, and/or demolition operations on pavements, houses, commercial buildings, and other structures and 2008 Ordinance 2 Construction and Demolition Debris may include, but is not limited to, concrete, asphalt, wood, cardboard, metals, bricks, dirt, rocks, vegetative or woody landclearing/landscaping materials, and other inert waste. G. "Conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in Waste Diversion Form. H. "Covered project" means all projects which require a permit pursuant to Chapter 15.80 of this Code, unless exempted by Section 15.80.40. I. "Deconstruction" means a process to dismantle or remove useable materials from structures, in a manner that maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities. J. "Demolition" means the destruction, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. K. "Disposal" means the final deposition of solid waste at a permitted landfill. L. "Diversion or divert" means the reduction or elimination of solid waste from landfill disposal. M. "Diversion requirement" means the diversion of at least fifty percent (50%) of the total construction and demolition debris generated by a covered project by reuse or recycling. N. 'Exempt project" has the meaning set forth in Section 15.80.040 of this Chapter. O. "Inert debris" means asphalt, concrete, brick, masonry, and tile. P. "Recycling" means the process of collecting, sorting, cleansing, deconstructing, treating, and reconstituting materials that would otherwise be solid waste, and the return of those materials to the economic mainstream in the form of materials which meet the quality standards necessary to be used in the marketplace for new, reused, or reconstituted products. Q. "Renovation" means any change, addition, or modification in an existing structure that requires a building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work or mechanical work. R. "Reuse" means further or repeated use of construction or demolition debris. S. "Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. T. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. U. "Tenant improvement" means a "project" involving structural or other modifications of an existing commercial structure resulting in the generation of construction and demolition debris. V. "Total Construction Value" means the cost of the project, as stated in the building or demolition application. W. "Waste Diversion Form" (WDF) means the form prepared by the Building Official which an applicant for a building permit or demolition permit shall provide information including, but not limited to the: 1. Types and amounts of construction and demolition debris the applicant estimates the covered project will generate; 2. Expected construction and demolition debris diversion the applicant expects to achieve for the covered project; 3. Actual quantity of construction and demolition debris the applicant diverted; 2008 Ordinance 3 Construction and Demolition Debris Ordinance 4. Name and address of the person to whom a deposit refund, if any, shall be issued; and 5. Documentary evidence demonstrating the construction and demolition debris diversion the applicant achieved for the project. X. "Waste diversion security deposit" means any performance bonds, surety bond, money order, letter of credit, cash, certified check or certificate of deposit in a form acceptable to the City, submitted to the City as pursuant to Section 15.80.070 of this Chapter. 15.80.030 Covered projects. The Building Official is authorized to impose the conditions and requirements set forth in this section upon permits that are issued for construction or demolition projects described below. Projects that meet the criteria listed below are deemed to be "covered projects." A. The construction of one new single-family residential structure that involves at least 2,000 square feet or more of floor area. B. The construction of more than one new single-family residential structure, regardless of the square footage of the floor area. C. The construction of all new multi -family residential structures, including condo conversions, regardless of the square footage of the floor area. D. The construction of a new commercial building regardless of the square footage of the floor area. E. Tenant improvements that involve at least 2,500 square feet or more of floor area. F. All roofing projects involving concrete tiles, in which the roofing project is at least 1,000 square feet and includes tear -off or removal of existing roofing material. G. Any demolition project that involves a residential or commercial structure regardless of the square footage of the floor area, including partial and entire demolitions. H. The construction of an accessory structure to an existing commercial structure that involves at least 5,000 square feet or more of floor area. I. The construction of an addition to an existing commercial structure that involves at least 1,500 square feet or more of floor area. J. City or Community Development Commission projects for which the City or Community Development Commission provide funding in excess of $250,000, or fall within one of the above categories. 15.80.040 Exempt projects. No waste diversion form shall be required for any of the following activities alone or in combination with one another, except if the activity or activities is/are undertaken in conjunction with a project that is otherwise subject to this division: A. All roofing projects not specified as a covered project in Section 15.80.030 subsection F. B. Installation or repair of a retaining wall. C. Installation, replacement or repair of a carport, patio cover, balcony, trellis or fireplace. D. Installation, replacement or repair of a deck. E. Installation, replacement or repair of a fence, not including the replacement of a concrete or cinder block wall that exceeds 300 square feet. F. Installation, replacement or repair of a swimming pool or a spa. G. Installation, replacement, or repair of a pre -fabricated sign or the structure to which the sign is attached. H. Installation, replacement or repair of storage racks. I. Projects for which only a plumbing, electrical or mechanical permit is required. 2008 Ordinance 4 Construction and Demolition Debris Ordinance J. Demolition or construction required to protect the public health or safety in an emergency, as defined in Public Resources Code Section 21060.3. 15.80.050 Diversion of construction and demolition debris. A. For the purposes of this Chapter, diversion of C&D debris may be achieved by any of the following methods: 1. On -site reuse; 2. Acceptance of the C&D debris by a recycling facility; or 3. Salvage, other donation or reuse of the C&D debris acceptable to the Building Official. B. C&D debris shall be measured by weight or by volume, whichever is most accurate and practicable. To the extent practicable, all C&D debris shall be weighed on a scale. 1. For C&D debris that is weighed, the applicant shall use a scale that is in compliance with all federal, state, and local regulatory requirements for accuracy and maintenance of such scale. 2. For C&D debris for which measurement by weight is not practicable, the applicant shall measure by volume and convert the volumetric measurements to weight using the City's Conversion Rate Tables. C. Applicants for construction, demolition, renovation, and roofing projects within the City for Non -covered Projects shall be encouraged to divert at least fifty (50) percent of all project -related C&D debris. 15.80.060 Diversion requirements. It is required that at a minimum the following specified percentages of the waste tonnage of demolition and construction debris generated from the following categories of covered projects shall be diverted from landfills by using recycling, reuse and diversion programs: A. 75% of inert debris; and B. 50% of remaining construction and demolition debris generated by a covered project. 15.80.070 Certified recycling facility. The Building Official may identify individual facilities as certified recycling facilities, and require contractors working on covered projects to deliver non -source -separated construction and demolition debris to these facilities for the purpose of helping to increase the City's diversion rates. 15.80.080 Waste Diversion Form submittal requirement. A. Except as otherwise provided in this Chapter, all applicants for a building permit or demolition permit for a covered project shall submit a properly completed Waste Diversion Form with the building permit or demolition permit application. B. The Waste Diversion Form shall contain the following: 1. The type of project; 2. The total square footage of the project; 3. The estimated volume or weight of project construction and demolition debris, by materials type, to be generated; 4. The maximum volume or weight of construction and demolition debris that will disposed of in a landfill; and 5. The vendors or facilities that the applicant proposes to use to collect, process, or receive that construction and demolition debris. C. The City will provide a Conversion Rate Table for the purpose of calculating the volume and weight of construction and demolition debris. The applicant shalt use the Conversion Rates Tables in estimating the volume or weight of materials identified in the Waste Diversion Form. 2008 Ordinance 5 Construction and Demolition Debris Ordinance D. No building permit or demolition permit shall be issued for a covered project unless the applicant has submitted a properly completed Waste Diversion Form to the satisfaction of the Building Official. E. In preparing the WDF, an applicant for a plan check involving the removal of all or part of an existing structure shall consider deconstruction to the maximum extent feasible, and shall make the materials generated thereby available for salvage before placing in a landfill. These salvaged materials shall be included as part of the overall diversion rate. F. Acknowledgment of responsibility. The WDF shall be signed by both the contractor and owner indicating: 1) an understanding of consequences of not meeting the diversion requirement, and 2) that they are responsible for the actions of their subcontractors with regard to this diversion requirement. 15.80.090 Waste Diversion Security Deposit requirements. Except as otherwise provided for in this Chapter, the applicant shall pay a refundable deposit at the time of submitting the building permit or demolition permit application. The amount of the deposit shall be calculated based on the square footage and type of project, per the following table: Project Type New Construction Deposit per square foot $ .20 Renovation, remodel or demolition Solely roofing, not part of another project Maximum Deposit Required $ .35 $ .10 $35,000 $35,000 $10, 000 15.80.100 Failure to meet diversion requirements. If the Building Official determines that the applicant of a covered project has not made a good faith effort to achieve the required percentage of diversion specified in the Waste Diversion Form, then the applicant's deposit shall be forfeited to the City. The Building Official may authorize a partial refund, up to 75 % of the deposit, where the applicant did not achieve the required percentage of diversion specified in the Waste Diversion Form, but the Building Official determines that the applicant made a good faith effort to comply and that the attainment of those requirements was not feasible under the circumstances. 15.80.110 Entitlement to refund of deposit. An applicant of a covered project is eligible for a refund of the deposit paid provided the applicant does all of the following: A. Requests a refund within 30 days of the final inspection date for the covered project for which the deposit was paid or requests a refund prior to final inspection when: i. The project has a master developer and multiple commercial and/or retail tenants constructing their own tenant improvements; ii. The developer has achieved the diversion rates as set forth in sections 15.80.050 and 15.80.060; and iii. The developer has completed construction of the project, except for the tenant improvements when the tenant improvements are the sole responsibility of the commercial and/or retail tenant. B. Provides evidence satisfactory to the Building Official that the construction and demolition debris generated by the covered project was diverted at the rates set forth in 15.80.060. Such evidence shall include documentation of the following: 2008 Ordinance 6 Construction and Demolition Debris Ordinance 1. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material, or if the improvements are part of a larger Construction project, evidence of cumulative weight or volume of C&D material dated within thirty (30) calendar days of the date of the request for a certificate of occupancy or final inspection; 2. For materials reused on site (e.g. crushed concrete for base material, wood for mulch) photographs are encouraged; 3. A copy of the previously approved WDF for the project with the additional information of the actual weight or volume of each material diverted and landfilled; 4. Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith. C. The construction and demolition debris generated by the covered project was diverted consistent with the applicant's Waste Diversion Form. D. Weighing of materials. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and measurement. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the Applicant shall use the standardized Conversion Rate Table approved by the City for this purpose. 15.80.120 Appeals. Appeals of a determination made by the Building Official or designee shall be made to the City Manager or designee. The appeal shall be in writing and sent to the City, postmarked within 10 calendar days from the post -marked date of the Building Official's, or their designee's, decision regarding the applicant's failure to meet diversion requirements. The appeal shall be limited to the following issues: (1) whether the applicant is entitled to a refund pursuant to Section 15.80.090; (2) whether the applicant made a good faith effort to comply with the required percentage of diversion specified in the Waste Diversion Form; (3) in the case of a partial refund, the percentage of the deposit the Building Official authorizes; and (4) whether the project is covered or exempt from this ordinance. The Building Official, or designee, shall have the opportunity to provide a written response to the applicant's appeal. Appeals shall be reviewed by an objective third party hearing officer. The decision of the hearing officer shall be final. 15.80.130 Final inspection or Certificate of Occupancy requires proof of diversion achieved. Prior to a certificate of occupancy, or a final inspection if a certificate of occupancy is not required, Applicant shall provide at least one of the following as evidence of the diversion rate Applicant achieved: A. Receipts from the vendor or facility which collected or received each C&D debris material showing the actual weight or volume of that material, or if the improvements are part of a larger Construction project, evidence of cumulative weight or volume of C&D material dated within thirty (30) calendar days of the date of the request for a certificate of occupancy or final inspection; B. For C&D debris materials reused on site (e.g. crushed concrete for base material, wood for mulch) photographs are encouraged; C. A copy of the previously approved WDF for the project with the additional information of the actual weight or volume of each C&D debris material diverted and landfilled; D. Any additional information the Applicant believes is relevant to determining its diversion rate. 2008 Ordinance 7 Construction and Demolition Debris Ordinance 15.80.140 Unclaimed and not refunded deposits and accrued interest. A deposit which is not refunded or claimed in accordance with this Chapter is the property of the City. All interest accruing on each deposit is the property of the City, and the applicant shall have no claim upon the interest. 15.80.150 Use of deposits. Deposits received and interest accrued thereon by the City shall be used for the following purposes: A. The payment of refunds of deposits, as determined by the Building Official. B. The payment of costs incurred in administering the City's Waste Diversion Program, which costs are not covered by the administrative fee referenced herein in Section 15.80.160. C. The development and implementation of additional policies and programs that are approved by the City Council to promote diversion of construction and demolition debris from landfill disposal and to encourage the salvage, reuse, and recycling of that waste. D. The payment of costs to develop or improve infrastructure, including the costs of programs designed to develop or improve infrastructure, to divert construction and demolition debris from landfill disposal. E. The cost of programs and activities whose purpose is to promote diversion and recycling in the City. 15.80.160 Administrative fees for processing waste diversion forms and program. An applicant shall pay to the City a fee sufficient to compensate the City for all costs incurred in administering the Waste Diversion Program. The amount of the fee shall be determined in accordance with the then current resolution of the City Council. 15.80.170 Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. PASSED and ADOPTED this day of , 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, ill City Attorney Ron Morrison, Mayor 2008 Ordinance 8 Construction and Demolition Debris Ordinance City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19. 2008 SECOND READING AGENDA ITEM NO. 27 /6EM TITLE / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING OF 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 adoption. 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 adopt the California Building Code and International Building Code. BOARD / COMMISSION RECOMMENDATION N/A 44ed-' 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 1 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 Appendix Chapter Appendix Chapter Amended Appendix Chapter Appendix Chapter Appendix Chapter Appendix Chapter Appendix Chapter — Amended Appendix Chapter Appendix Chapter Appendix Chapter 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, Section 104.6 — Section 105.2 — Section 105.3.2 Section 105.5 — Section 105.7 — Section 105.8 — Section 108.2 — Section 108.4 — Section 109.3.8 Section 110.3 — 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 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 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 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 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 Califomia 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 shalt 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 Code 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 California 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 10 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 II—. 7 I17 II i II 1 V A. B; A B 1 11' V A A' _ B _ - - -I BI _ Bi B B B- - -B - -._ B 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 I — Adopted. Appendix Chapters C, G, H and I of the 2007 California Building Code are adopted. PASSED and ADOPTED this 19th day of February 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 8 Ron Morrison, Mayor 2008 Building Code Ordinance CiTY OF NATIONAL CITY NOTICE OF SiX PUBLIC HEARINGS ANi) INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING TIIE NATIONAL CITY MUNICIPAL CODE NOTICE IS i iERFBY GIVEN that the City Council of the City of National City will hold public hearings after the hour of 6:00 p.rn. 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, 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 I 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 ('ode; 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 ('ode, 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 (i of said code, amending certain sections and adding certain sections; adopting the Unilirrm Electrical C'odc 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 lire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a lire Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-22 1 1 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 ('ouncil 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. 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 <iovernment 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. 'L 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 ('ode 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, (', 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 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 I -laving 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 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 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 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 clnergency 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. 'Ile 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 (.'ode 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 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 lire 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 nubhish 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 arc 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 lumber addresses requirements for Wildland-Urban Interface Fire areas. The mitigation of conditions where a wildfire burning in vegetative filcls 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. 5T Chapter 15.08 CALIFORNIA BUILDING CODE* Sections: 15.08.010 California Building Codc - Adopted 15.118.015 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 1053.2 "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 109.3.8.1 "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 1- 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 Health and Safety Code Sections 18901, et. seq., Volumes 1 and II, Appendix Chapter I and Appendices C, G, H and I, published by the International Code Council and the ('alifornia 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. 15.08.01.5 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 "fable which includes those sections mandated to be enforced by the Authority Ilaving Jurisdiction. 15.08.020 Chapter 2 Definitions - Added The following definition is added to Section 202: Authority Having Jurisdiction. The Authority I laving 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 Ilaving 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 ('ity 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 lint retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70_ Section 105.2 Building: of the 2007 California Building ('ode the following items arc 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 I J 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 sips and Styrofoam or other foam mounted wall signs. 15.08.035 Appendix Chapter 1, Section 1053.2 Time Limitation of Application - Amended 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 it -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. 43 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, (i)) 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 he 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 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 he 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 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. Fxtension of an unexpired permit. For an extension of a perrut which has not yet expired, the permittee may apply for an extension of time within which work under that permit may he 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 be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (13) 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 he paid. A permit renewed pursuant to this subsection shall not exceed one calendar year irom the date of renewal. A permit may be renewed annually provided that all requirements of (A), (13), 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. 'fhe 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 betbre obtaining the necessary permits shall be subject to an investigation fee equal to the amount of the permit fee j0 that would be required by this code if a permit were to be issued. The investigation tee 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: 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 tile 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.'1'emporary 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 /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 Codc 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 Codc 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 he 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 he 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 he a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mnr), and shall be placed on a contrasting background. 15.08.090 Table 1505.1 Minimum Roof (:overing classification - Amended 'fable 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 1v 1 1B IIA 13 B IIB B I11A IIIB B B IV B VA 13 15.08.095 Section 3407.1.1 Historic Buildings - Amended Section 3407.1.1 of the 2007 California Building Code is added to read: VB B 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 I-Iistorical 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, N and 1 - Adopted Appendix Chapters C, G, H and 1 of the 2007 California Building ('ode are adopted. Revised 1507, 12/17/07 /3 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE l7eburary 19, 2008 AGENDA ITEM NO. 28 (rT—EM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING 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 EXPLANATION Building & Safety 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 adoption. 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. 'Fhe attached staff 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 adopt the California Electrical Code, 2007 Edition and National Electrical Code 2005 Edition. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report sda,w- r Resolution No. A-200 (9/99) 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 Califomia 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 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 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 Electric.31 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 life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this 5 2008 Flectrical 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 Codc 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 19th day of February 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 7 2008 Flectrical Code Ordinance Cfl'Y OF NATIONAL CITY NOTICE OF SiX PUBLIC HEARINGS ANI) INTENT TO ADOPT SIX 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, 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 1) 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. ;. 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 C.haptcr 1520 of the National City Municipal Code. 4. Adopting the 2007 California Electrical Codc, 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 fbr 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 Firc 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 tire, hazardous materials or explosion, providing for the issuance of permits for hazardous uses or operations, amending certain sections and adding certain sections; establishing a Firc Prevention Bureau and defining its powers and duties; providing penalties for violation thereof; and amending Ordinance No. 2002-221 1 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 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. "fhe 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. Staff Report on the adoption of the 2007 California Building Standards Commission Codes, the 2006 International Building ('ode, the 2006 Uniform Mechanical and Plumbing Codes, the 2005 National Electric Code and the 2006 International Fire ('ode This year the 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 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 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 1) due to prevailing soil conditions. A significant change to the Wood chapter (Chapter 23), of the iB(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 terra Authority 'laving 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 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. "17►e 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% oldie 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 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 Flectric 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 A 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. 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 Firc 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 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. S 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 80.131_7_1 "AuthorityRieht of Entrv"— --Added-and-Amended Section 80.13 (16) Electric Fences Prohibited - Added 15.24.020025 Section 80.15 "Electric Board" Amended 15.24_02030 15.24_030035 15.24.035040 15.24.040045- 15.24 _045050 15.24 _050055 amended 15.24_055060 15.24_060065 15.24_065070 15.24.070075 Section 80.19 (I)) "Annual Permits" - Deleted Section 80.19(E) "Fees" - Amended Section 80.19(F) "inspection and Approvals" — Amended Section 80.19(II) "Applications and Extensions" - Amended Section 80.19(I) "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 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 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. 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 ( Mart isiens-ther-eef-shall be controlling within the city limitslci p. 15.24.010 Annex G, Administration and Enforcement — Adopted and amended ANNEX G, ADMINISTRATION and ENFORFORCEMENT, is adopted subject to the following additions, amendments and deletions contained in this Chapter. 15.24.15 Annex G, Section 80.13 (47) . — AddedAmended Section 80.13 (-1-7) of Annex G to the 2007 California 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 1 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. 15.24.20 Annex G, Section 80.13 (187) - Added Section 80.13 (1 87) 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 coming in contact therewith. 15.24.025 Annex G, Section 80.15 "Electric Board" - Amended Suction 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 as 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 Code 200z.,o7 Editim3-is deleted, 15.24.0305 Annex G, Section 80.19(E) "Fees" -- Amended Section 80.19(E) of the -Annex G of the 2007 California Electrical Code_ 00 ition is amended to read: 80.18(E) Fees. The fees for each electrical permit shall he as set forth in the National City fFee 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 Code, 2007 Eclitio m-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 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 I laving Jurisdiction, nor the rjefisdietionCity 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 he made. Electrical system and equipment regulated by this code shall not be connected to the energy source until authorized by the Authority I laving 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 !Laving Jurisdiction may require that every request for inspection he tiled 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 he 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 Mier such replacement work is completed and before any portion of such electrical system is concealed by any pcnuanent 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. (-5-We-inspcctionstc2L A re -inspection tee may be assessed for each inspection or re_ inspection when sucli-pe €-werk for-which-inspection-is-ealled-is-nat. complete -or wheweeffeetiefts-c-ale,any of the following occurs : (A) The portion of the work for which the inspcct.ion was called is not complete; (H) 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, (>) Deviating from the approved plans when such deviation or ehaime required approval of the Authority having jurisdiction. This provision is not to he 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 lees 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 bccn 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(H) of Annex (i of the 2007 California Electrical Code , 2007 lidition; is amended to read: 80.19(11) Application and Extensions. An application for a permit for anv proposed work shall be deemed to have been abandoned six months after the date of filing. unless l° such application has been pursued in good faith or a permit has been issued; except that the Authority I laving Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each. provided there have been no chances to the plans and that no new codes have been adopted since the initial plan cheek was conducted. A fee equal to 25 4, oldie initial plan check fee will he assessed for the second and subsequent plan check extensions. The extension shall be requested in writine. and justifialble cause demonstrated. li i+m r.-Everytc31 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 permittec 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 permitter has not obtained a required inspection approval of work by the Authority flaying Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can he 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; ('. 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. (Jpon 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 lee 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 he 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 warrantcxl, 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. Iti 3. 4--Extension of an unexpired permit. For an extension of an unexpired permit, the pennittee 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 perniittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No • .' n' to ded mo e-that) Of 4. Permits issued where the pennittee has been deployed to a foreign reign country may be held in abeyance until six months alter the return of the permittee from 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 G of the 2007 California Electrical Code., 2007 Edition; is amely added as follows_3tiet 80.1 9(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 Ceode. 15.24.0550 Annex G, Section 80.23 "Notice of violation and penalties" -- Adopted und-amended Section 80.23 of the California Electrical ('ode, 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) Whenever the Authority Having Jurisdiction determines that there arc violations of this CodeChapter, a written notice shall he issued to confirm such findings. (2) Any order or notice issued pursuant to this Cotle-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 Code -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 Ilaving 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 he punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.055 060 Annex G, Section 80.25E) "Connection to Electricity Supply" I AmendedDeteted ►4 Section 80.25 (C') of Annex Ci of the 2Q07_Calilbrnia Electrical Code_, 2007 -Edition has beenis deleted. I5.24.0605 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" - Deletedtc4) Section 80.29 of the California Electrical Code, 2007 Edition, is deleted. 15.24.0-70---•-075 Annex G, Section 80.35 "Effective date" - Amended 80.35 of Annex G of the 2007 California Electrical Code7-200-7-6skieft is amended to read: 80.35 Effective I )ate. 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 19, 2008 AGENDA ITEM NO. SECOND READING 29 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA 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 adoption. 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 tiled with the Department of I lousing 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 staff report addresses some of the more significant changes Ibund•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 Energy Code, 2007 Edition. BOARD / COMMISSION RECOMMENDATION dint; e.w 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 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. PASSED and ADOPTED this 19th day of February 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 1 2008 Energy Code Ordinance CITY OF NATIONAL CITY NOTICE. OF SiX PUBLIC HEARINGS AND INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING l'IIE 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 1 and II, Appendix Chapter 1, and Appendices C, (;. 1-1 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 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 Code; adopting Table 2902.1 oldie 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 Codc, 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 20(17 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 lire, 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, 200R. 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 arc 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 hire Code This year the California Building Standards Commission chose to adopt the 2006 International Building Code published by the International ('ode Council (i(.'C), as the model code, along with the 2006 llnifonn 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 dictalcxl specific design requirements tirr construction. The new code adopts six seismic areas, A, 13, (', D, E and F' and makes the design requirements more site specific which may lower some design criteria which in tum 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 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 tern 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 %r" 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 oldie washer on the sill plates even though the anchor bolts may he slightly off center_ With the new code, Appendix 1, Patio Covers, the installation of glass windows is now pennitted, 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 acwunt for the actual window frames. We have added a provision to each of the codes regarding the extension of perrr►its. 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 ofC'PVC; 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 trout 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 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 toms of a steel grid systern 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 kw 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 (NFNA) standards. A few of the areas now addressed are the requirements of tire 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 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 fire suppression capabilities, or result in large property losses shall comply with this chapter. Appendix 17 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 1.5.75.010 Chapter 15.75 CALIFORNIA ENERGY CODE* California Energy (:ode - 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 constntction of buildings where energy will be utilized shall be in conformance with the 2007 California Energy Code. b City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19. 2008 AGENDA ITEM NO. SEC''OND READING 30 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPT 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 EXPLANATION DEPARTMENT Building & Safety 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 adoption. 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 Ilousing 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 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report SLi Resolu ion No. 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 California 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 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 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 Tess 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. 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. 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 19th day of February 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 6 2008 Fire Code Ordinance CITY OF NATIONAL CITY NOTICE OF SIX PUBLIC HEARINGS AND INTENT TO ADOPT SiX ORDINANCES AND CODES AMENDING TILE NATIONAL CITY MITNICiPAL 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 (:ouncil Chambers, National City, California. to consider the following ordinances: 1. Adopting Volumes I and II, Appendix Chapter 1, and Appendices C, G, 11 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 I 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 Code. Adopting the 2007 California Plumbing Code, Appendix Chapter 1 of said code; amending certain sections and adding certain sections; adopting the l lniform 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 liar violation thereof; and amending Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Codc. 5. Adopting the 20(17 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 ('ode 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 Febnnary 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 Plumping 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 (I(.'C), 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 Hectric (.'ode published by the National Fire Protection Association (NFPA) and the 2006 International Fire Code, published by I('('. 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 constniction. 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 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 constniction of new buildings. National City is expected to be mainly in seismic area D due to prevailing soil conditions. A significant change to the Wood chapter ((.'hapter 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 !hiving Jurisdiction in place of Building Official. 1'his change eliminates the requirement to change the position designation for other department heads. This is particularly appropriate kw the City Of National City in view of the fact that we currently do not have a Building Official. The AI11 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 1/2" 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 Tight is now 8% of the floor area of the room served, vise the current 10%, and the ventilation has been accordingly reduced from S% 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 axles has a provision allowing the extension of permits for at least six months alter 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/tiniform 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 (.'ode 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. 'Ile 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 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 arc the requirements of lire 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 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 hut not limited too, turning radius, dead- ends, grade, road width etc. ORDINANCE ORDINANCE NO 2008- 000 AN ORDINANCE OF THE ('fl'Y 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 HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR IIAZARDOUS USES OR OPERATIONS; AND, ESTABLISHING A FIRE PREVENTION BURFAt 1, PROVIDING OFFICERS FOR SUCH BUREAU AND DEFINING THEIR POWERS AND DUTIES; REPEALING ORDINANCE NO. 2002-2211 AND ALL OTIIER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS CIIAPTER, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL, CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1: The City Council of the City of National City hereby adopts the 2007 California Fire Code, the International Fire Code 2007 Edition as amended by the State of California and the Appendices thereto, 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 arc 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 ('ode 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 tt (O Fire ('axle 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 I and 11 Liquids in Outside Aboveground Tanks is Prohibited — amended. 15.28.050 Establishment of Limits in Which Storage of Liquefied Petroleum gases is Prohibited. 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —amended 15.28.070 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 "(fates" -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 Findinas 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 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. 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 Fine (ode 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 ('ode 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. C. The Chief of the Fire Department may detail members of the Fire Department as inspectors as shall from time to time be nu..cssary. 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. 'fhe 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 Codc, 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 temp "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 IIaving 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 Codc" and "2(Xl6 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, Mil; I-Ieavy Manufacturing, MT; Tidelands Manufacturing. A Fire Code Ordinance 15.28.040 Establishment of Limits of Districts in which Storage of Class 1 and 11 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 (iity except for those areas zoned ('ommercial 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, a.s 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 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: 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 he 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: 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 Tess 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 he 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 lire 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 arc stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall he 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%. /0 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 lire 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, alter giving effected persons an opportunity to he 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. a 41 Fire Code (hdinance 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 ('ity 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. ATFF,ST: Ron Morrison, Mayor Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiscr, III ('ity Attorney /Z Fire Code Ordinance City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19, 2008 SECOND READING AGENDA ITEM NO. 31 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING 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 EXPLANATION Antonio Garcia, 336-4210 DEPARTMENT Building & Safety State law requires that the City of National City adopt the California Mechanical Code, 2007 Edition. In addition the Uniform Mechanical Code, 2006 Edition is also being proposed for adoption. Technical amendments made to those codes needed due to local topographical, geographical, qr 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 adopt the California Mechanical Code, 2007 Edition and Uniform Mechanical Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report A200 (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 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 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 Califomia 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 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 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 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 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 Califomia 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 19th day of February 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 (11Y OF NATIONAL CITY NOTICE OF SIX PUBLIC IIEARINGS AN1) INTENT TO ADOPT SIX ORDINANCES AND CODES AMENDING '1'UE NATIONAL CITY MUNiCiPAi, CODE NOTICE IS 1IEREBY 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, (1,14 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 Codc. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter 1 and Appendices A, B, C and I) of said code, amending certain sections and adding certain sections; adopting the Uniform Mechanical (.'ode 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 I of said code, amending certain sections and adding certain sections; adopting the Uniform Plumbing Code 2006 Edition fur 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 Calilbrnia Electrical Code, and Annex Ci 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. 2002-221 1 and Chapter 15.28 of the National City Municipal (.ode. 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 Goverrunent Code sections 50022.2 through 50022.4 and 6066, these codes may be adopted by reference after the public hearing. 1 Copies of the ('odes and adopting ordinances have been tiled with the City Clerk and arc available for inspection from the date of the first reading through the date of the public hearing on Febniary 19, 2008. The provisions of Govcrruncnt 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 Califbrnia 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 (.`odes, published by the International Association of Plumbing and Mechanical Officials (IAPMO), the 2005 National F;lectric Code published by the National Fire Protection Association (NFPA) - and the 2006 International Fire Code, published by IC('. California Building Code/International Building Code '!'here 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 Ibr construction. The new code adopts six seismic areas, A, 13, 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 designees; however, it requires the inclusion of a soils report !Or 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 t.o 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 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/ 1. i" washers was dictated by the tact that San Diego County was in seismic zone 4. With the new seismic arca designations, some design criteria may again allow the use of " anchor Notts 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 sci ve 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, thc 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 thc fact that National City supports the service men and women who arc 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 PF.X 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 a of the pool to include the concrete decking, to a maximum of three fc'et 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 arc, again, editorial in nature. California Fire Code/International Fire Code There have been multiple Articles and Sections, which 1have 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 ('ode_ 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 life, overwhelm tire 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. Sections: 15.14.005 15.14.010 15.14.015 15.14.020 15.14.025 15.14.03(1 15.14.035 15.14.040 15.14.045 15.14.050 15.14.055 15.14.050060 15.14.055065 15.14.4)60070 1.5.14 _065075 Chapter 15.14 CALIFORNIA MECHANICAL CODE* California Mechanical Code (2007 Edition) - Adopted Chapter I, 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 115.0-1 -"Fees Ceneral" -. Amended Appendix Chapter 1 Section 115.2 -- "Permit Fees" - Amended Appendix Chapter 1 Section 1153 - "Plan Review Fees - Para2raph 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 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 stntcturc or outdoors on any premises or property, the 2007 ('alifomia Mechanical (:'ode, California Code 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 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, and from March 10, 2008, the provisions shall be controlling within the city limits. 15.14.010 Chapter 1, ADMiNISTRA'1'ION — 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 Ilaving 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 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: 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: 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. 15.14.035 Appendix Chapter 1 Section 114.4 "Expiration" - Amended Section 1 14.4 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 commenced within six calendar months (Attie 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 pennittee 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 pennittee may recommence work only ifa 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 exemled 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. 'l'hc 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 hill 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 he 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 constn►ction 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; (1)) A renewal permit shall expire three calendar years from the date of issuance attic original permit. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permitter 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 pernittee 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 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. 4.Permits that have exceeded three yearstcih- 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; (H) 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 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 he 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 of the 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 he 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 I Section 115.2 of the California Mechanical Code is amendexl as followstczl: The fee For each permit shal be as set forth in the current City of National City few: schedule. 15.14.55 Appendix Chapter 1 Section 1153 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 plan review, an additional plan review fee shall be charged at the rate shown in the current City of National Citv Ice 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: 1O 1 15.4. iration 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 becn pursued in good faith or the permit has been issued; except that the Authority I laving 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 lee will be assessed for each plan check extension. Ale extension shall be requested in writing and justifiable cause demonstrated. 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 permitter 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 Table 1-1, Mechanical Permit Fees is deleted. 15.14.75 Appendix Chapters A, R, C and D — Adopted Appendix Chapters A, B, C and D of the California Mechanical Code are adopted. Revised 1455, 12/17/07 11 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Feburary 19, 2008 AGENDA ITEM NO. SECOND RIDING 32 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING 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 EXPLANATION Building & Safety State law requires that the City of National City adopt the California Plumbing Code, 2007 Edition. In addition the Uniform Plumbing Code, 2006 Edition is also being proposed for adoption. 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 tiled with the Department of !lousing 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 NIA Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council adopt the California Plumbing Code, 2007 Edition and Uniform Plumbing Code, 2006 Edition. BOARD / COMMISSION RECOMMENDATION N/A /AVA- l ATTACHMENTS ( Listed Below) Resolution No. Staff Reports n-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 California 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 19th day of February 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 2008 Plumbing Code Ordinance CITY OF NATIONAL CITY NOTICE OF SIX PUBLIC HEARINGS AND INTENT TO ADOP"T SiX ORDINANCES AND CODES AMENDING THE NATIONAL CITY MUNICIPAL CODE NOTICE 1S 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, Ci, 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 Codc. 2. Adopting the 2007 California Mechanical Code, Appendix Chapter I and Appendices A, IL C and D of said code, amending certain sections and adding certain sections; adopting the IJniform Mechanical ('ode 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 i of said code, amending certain sections and adding certain sections; adopting the uniform Plumbing (_'ode 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 (i of said code, amending certain sections and adding certain sections; adopting the Uniform Electrical Codc 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 (Attie 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 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 (.'ode 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 I)iego County. "Ibis dictated specific design requirements for construction. The new code adopts six seismic areas, A, B, C', i), I: 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 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 tern 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 3/16" 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 die 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, Patin 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 Tight is now 8% of the floor area of the room served, vise the current 1 0%, 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 CPV(' 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 ('ode/National Electric Code 'he 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 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 tire 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 fbr 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 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 constnicted 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 15.20.010 Chapter 1, Administration - Deleted 15.20.015 15.20.020 15.20.025 15.20.030 15.20.035 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 1033.4 "Expiration" - Amended Appendix Chapter 1 Section 103.3.6 "Permit denial" - Added 15.20.040 Appendix Chapter 1 Section 103.4.1 "Permit fees" - Amended 15z 0.45 r endix-Chapt 4 ceetion 103 1-5.211.50 Appendix-Chapter-1 Section-103.4. 15.20.55045 15.20.60050 15.20.6-5055 Board" - Appendix Chapter 1 Section 103.4.2 "Plan review fees" •- Amended Appendix Chapter 1 Section 103.5.6 "Re -inspections" - Amended Appendix Chapter 1 Section 103.10 "Advisory and Appeals Added 15.20. 70060 Appendix Chapter 1 Table 1-1 Plumbing Permit Nees - Deleted 15.20.7-5065 Table No. 4.1 "Minimum plumbing facilities" - Not adopted 15.20. l80070 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 plumping code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the ('ity 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 I lniform Plumbing Code, 2006 Edition for those provisions not included in the 2007 California Plumping Code, and Table 2902.1 of the International Building ('ode, 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 from March 10, 2008, the provisions shall be controlling within the city limits. 15.20.10 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. 15.20.15 Appendix Chapter 1 — Adopted and amended Appendix Chapterl, 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 of the 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 Code. 15.2030 Appendix Chapter 1 Section 1033.4 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 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 he presumed to he suspended or abandoned if the pennittee 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 pet utittee may reconunence work only if a new permit or renewal permit is obtained, as specified below: 1.. Permits where work has not coinrnenced For pennits for which work has not commenced in the first six calendar months frorn the date of issuance, a renewal permit may he obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (H) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted axles are in effect as used in the initial plan check; (I)) 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 he considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes iu eticct, 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. Pemiits where work has commenced. For permits where work has cormnenccd and was subsequently suspended or abandoned, 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 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. (I)) A renewal permit shall expire three calendar years from the elate of issuance of the original permit. _. .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 'laving 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. Hermits where the permittee has been deployed to a foreign country. may be held in abeyance until six months after the return of thepermittee from his/her deployment if necessary, upon application for such reliefbv the pennittce. 4. F'ermits that have exceeded three yearstcnl. For permits that have exceeded three years beyond the issuance date, a renewed permit may he obtained provided thatic2l: (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 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 IIaving 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 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. tc31 15.2035 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. 7'hc 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 constniction, or where there exists a violation of the National City Municipal Code. 15.20.40 Appendix Chapter 1 Section 103.4.1 Permit fees - Amendedtc.l Section 103.4.4-1 Permit Fees. The fee tbr each pemrit shall be set forth in the fee schedule adopted by the City Council. lest -1-5.2043A-ppend+x _ ern,: -tip-, rnendedi,A,1 15-20.50---Appendix Chuptcr eetionPermit f 'me ndedt<al 15.20.55045 Appendix Chapter 1 Section 103.4.2 Plan review -Review fees - Amended Section 103.4.2 of the 2007 California Plumbing Code is amended to read: 103.4.2 103.4.2--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 tee shall be as per the fee schedule. 15.20.60050 Appendix Chapter 1 Section 103.5.6 Re -inspections - Amended The fourth paragraph of Section 103.5.6 of the 2007 California Plumbing Code is amended to read: To obtain re -.inspection, the applicant shall file an application in writing upon a form furnished for that purpose and pay the re_inspection fee as set lortl► in the National City lee 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 ('alifornia Plumbing Code is added to read: 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. 15.20.60 Appendix Chapter 1 'fable 1-1 Plumbing Permit Fees -- Deleted Table 1-1 of Appendix Chapter I, entitled Plumbing Permit Fees is deleted. 15.20.065Tab1e 4-1 Minimum plumbing facilities — Deleted Table 4-1 of Chapter 4, entitled Minimum Plumbing Facilities is deleted. 15.20. `5A15.20.070Table 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 he determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 2007 California Building Code. 11 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE L'1.BPt1A'I2Y 19, 2008 AGENDA ITEM NO. SECOND READING 33 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. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMEND ION ntr• . •: Ordinanc /J BO . / COMMISSIOI #RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. Amendments to Ordinance l as 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 Chapter 15.70 GRADING Adoption of Appendix J Purpose. Appendix J of the 2007 Subsection 1 Scope — Appendix J of the 2007 — Amended. Hazards and safety pre Appendix J of the 2007 Required, Subsection 2 Appendix J of the 2007 J103.2.2 — Amended. Appendix J of the 2007 J103.2.5 — Amended. Appendix J of the 2007 J103.2.6 — Amended. of the 2007 California Building Code — Amended. California Building Code, Section J101 General, Amended. California Building Code, Section J102 Definitions cautions. California Building Code, Section J103, Permits .1 Exemptions — Amended. California Building Code Exemptions, Section California Building Code Exemptions, Section California Building Code Exemptions, Section Appendix J of the California Building Code Exemptions, Section J103.2.8 — Added. Appendix J of the 2007 California Building Code Exemptions, Section J103.2.9 — Added. Appendix J of the 2007 California Building Code, Section J104.5 — Engineered Grading Requirements — Added. - Appendix J of the 2007 California Building Code, Section J104.6 Regular Grading and Retaining Wall Construction Requirements — Added. 2008 Ordinance 1 Grading Ordinance (Chapter 15.70) 15.70.070 15.70.075 15.70.080 15.70.085 15.70.090 15.70.095 15.70.100 15.70.105 15.70.110 15.70.115 15.70.120 15.70.125 15.70.130 15.70.135 15.70.140 15.70.145 15.70.150 15.70.155 15.70.160 15.70.0165 15.70.170 2008 Ordinance Appendix J of the 2007 California Building Code, and Insurance — Added. Appendix J of the 2007 California Building Code, Conditions — Added. Appendix J of the 2007 California Building Code, Inspections — Added. Appendix J of the 2007 California Building Code, Exemptions— Amended. Appendix J of the 2007 California Building Code, Subsection 1 General — Amended. Appendix J of the 2007 California Building Code, Subsection 2 Surface Preparation — Amended. Appendix J of the 2007 California Building Code, Subsection 4 — Amended. Appendix J of the 2007 California Building Code, Subsection 1 — Amended. Section J104 Section J104 Section J105 Section J106 Section J107 Section J107 Section J107 Section J108 .7 Licenses 8 .3 .1 (2) Fills, Fills, Fills, Setbacks, Appendix J of the 2007 California Building Code, Section J108 Setbacks, Subsection 2 Top of Slope — Amended. Appendix J of the 2007 California Building Code, Section J1O8 Setbacks, Figure J108.1, Drainage Dimensions — Amended. Appendix J of the 2007 California Building Code, Section J108 Setbacks, Subsection 3 Slope Protection — Amended. Appendix J of the 2007 California Building Code, Section J109 Drainage and Terracing, Subsection 4 Drainage — Amended. Appendix J of the 2007 California Building Code, Section J109 Drainage and Terracing, Subsection 5 Surface Run-off Interception — Added. Appendix J of the 2007 California Building Code, Section J109 Drainage and Terracing, Subsection 6 Easements and Encumbrances — Added. Appendix J of the 2007 California Building Code, Section J110 Erosion Control, Subsection 3 Stormwater Erosion and Sediment— Added. Grading fees. Completion of work. Rough grading permit. Parking lots. Bonds. Violation a misdemeanor. 2 Grading Ordinance (Chapter 15.70) 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. 2008 Ordinance 3 Grading Ordinance (Chapter 15.70) 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, retardingbasins, 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 30th 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. 2008 Ordinance 4 Grading Ordinance (Chapter 15.70) 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 California. 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. 2008 Ordinance 5 Grading Ordinance (Chapter 15.70) 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: 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 Califomia Building Code Exemptions, Section J103.2.5 — Amended. Section J103.2.5 of the 2007 Califomia 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 Califomia Building Code Exemptions, Section J103.2.8 — Added. Section J103.2.8 of the 2007 Califomia 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 — Added. 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 — Added. 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 2008 Ordinance 6 Grading Ordinance (Chapter 15.70) 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 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 — Added. 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. ll. 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 California 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 2008 Ordinance 7 Grading Ordinance (Chapter 15.70) 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. 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 Califomia 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. 2008 Ordinance 8 Grading Ordinance (Chapter 15.70) 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. 15.70.085 Appendix J of the 2007 Califomia Building Code, Section J106.1 (2) Exceptions — Added. 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. 2008 Ordinance 9 Grading Ordinance (Chapter 15.70) 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. 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 J1O8.1 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 Califomia Building Code is amended to read as follows: Property Line 1i12 but 2 ft (610 mm) minimum and need not exceed — �. 20 ft (6096 mm) Amended Figure J108.1 Drainage Dimensions IU5but 2ft.(610 mm) minnnun and need trot exceed 10 It. (3048 mm) Top of Dupe Natural or runsh Grade Propery Line Top o Slope i Cut or Fill Slope ----- /lHl-' I fdatural or Finish\�'/ Grace Interceptor Drain (it required) 2008 Ordinance 10 Grading Ordinance (Chapter 15.70) 15.70.120 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: 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. 15.70.125 Appendix J of the California Building Code, Section J109 Drainage 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. 15.70.130 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. 15.70.135 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. 2008 Ordinance 11 Grading Ordinance (Chapter 15.70) 15.70.140 Appendix J of the California Building Code, Section J110 Erosion Control, Subsection 3 Stormwater Erosion and Sediment — Added. Subsection J110.3 of the 2007 California 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 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. 2008 Ordinance 12 Grading Ordinance (Chapter 15.70) 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 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 shall be stabilized as quickly as feasible. f. Sufficient waste disposal facilities shall be provided for all proposed activities. 9- 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. Sufficient storage facilities shall be provided for all 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. 2008 Ordinance 13 Grading Ordinance (Chapter 15.70) 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. 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. c. 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 1st 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 2008 Ordinance 14 Grading Ordinance (Chapter 15.70) 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; 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 ki 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. 2008 Ordinance 15 Grading Ordinance (Chapter 15,70) 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 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 Permittee 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. 2008 Ordinance 16 Grading Ordinance (Chapter 15.70) 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 State, retain records of such monitoring on site, and make such records available for inspection by the City Engineer. 15.70.145 Grading fees. The plan review and permit fees shall be assessed in accordance with City Ordinance No. 1929 and the National City Fee Schedule. 15.70.150 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. 15.70.155 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. 15.70.160 Parking lots. Existing or new parking lots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.165 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. 15.70.170 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. -- Signature Page to Follow -- 2008 Ordinance 17 Grading Ordinance (Chapter 15.70) PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2008 Ordinance 18 Grading Ordinance (Chapter 15.70) iEETING DATE City of National City, California COUNCIL AGENDA STATEMENT FEBRUARY 19, 2008 AGENDA ITEM NO. SECOND READING 34 (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 i1 = 0• / COM IONJEECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation l 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 concem 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 (IHC) 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 concem 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), AND REPEALING ORDINANCE NO. 2002-2213 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. Section 5. Repeal of previous ordinance. Ordinance No. 2002-2213 is hereby repealed. -- Signature Page to Follow -- Ordinance No. 2008 — Page 2 PASSED and ADOPTED this 19th day of February, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney The City of National City STANDARD URBAN STORM WATER MITIGATION PLAN Adopted February 19, 2008 APPENDIX A TABLE OF CONTENTS I. BACK GROUND 1 11. SUMMARY 1 III. DEFINITIONS 2 IV. CONFLICTS WITH LOCAL PRACTICES OR MUNICIPAL PERMIT 7 V. IMPLEMENTATION PROCESS 7 VI. STORM WATER BMP SELECTION PROCEDURE 8 1. 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 BM Ps 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 Figures Figure 1: Storm Water BMP Selection Procedure 10 List of Tables Table 1: Anticipated and Potential Pollutants Generated by Land Ilse 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, die Port of San Diego, San Diego County Regional Airport Authority, and 18 cities (Copermittees) by the San Diego Regional Water Quality Control Board (Regional hoard) on January 24, 2007, requires the development and implementation of a program addressing urban runoff pollution issues in development planning for public and private projects. 1'he requirement to implement a program for development planning is based on federal and state statutes including: Section 402 (p) of the ('lean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 ("CZARA"), and the California Water Code. The Clean Water Act amendments of 1987 established a framework for regulating urban runoff discharges from municipal, industrial, and construction activities under the NPI.)ES program. 'l'he Municipal Permit requires the implementation of a Jurisdictional Urban Runoff Management Program (11RMP). The primary objectives of the Jurisdictional URMP requirements arc to: 1. Ensure 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 mnoff conveyance systems to the Maximum Extent Practicable (MEP statutory standard). The Model Standard Urban Storm Water Mitigation Plan (SUSMP) was collectively developed by the Copermittees 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 - specific controls and/or drainage area -based or shared structural treatment controls. The Model SUSMP identities appropriate Best Management Practices (13MPs) for certain designated project types to achieve this goal. The City of National City's (City) SUSMI' has been reviewed and approved by the City Council in a public process. C.:[Lwn,nt.u15c1:n1>':c m%wk-1mM Intone Fd.IN.KVSUSNT Gn NC 219'M Pagel The City will approve SUSMP project plan(s) as part of the development plan approval process for discretionary projects, and prior to issuing permits for ministerial projects. To allow flexibility in meeting SUSMP design standards, structural treatment control BBMPs 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 ❑ Commercial development greater than one acre u Industrial development greater than one acre ❑ Automotive repair shops ❑ Restaurants ❑ Hillside development greater than 5,000 square feet ❑ Projects discharging to receiving waters within environmentally sensitive areas a Parking Lots > 5,000 square feet of impervious surface or with > 15 parking spaces and potentially exposed to urban nrnoff 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 Tots and existing roadways, new sidewalk construction, pedestrian ramps, or bike 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. o "Attached Residential Development," means any development that provides residential units that share an interiorexterior 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. Page 2 u "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 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. ❑ "Directly Connected Impervious Arca (I)CIA)" 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). ❑ "Environmentally Sensitive Areas" means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies ("3031(1) water bodies"); areas designated as an "Arca of Special Biological Significance" (ASBS) by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Busin (1994) and amendments); water bodies designated as having a RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the Sun 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 Significance are 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 envirotunetttal resource -based terms, such as "Environmentally Sensitive Lands," employed by Copermittccs in their land development review processes. As appropriate, National City will distinguish between envirormtentally sensitive area 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 I foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (I foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of I() feet. u "Hillside development e.re.ater 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. u "Hydromodification' means the change in the natural hydrologic processes and nmoff characteristics (i.e. interception, infiltration, overland flow, interflow and groundwater flow) caused by urbanization or other land use changes that result in increased stream Page 3 flows and changes in sediment transport. In addition, alternation of stream and river channels, installation of darts and water impoundments, and excessive streambank and shoreline erosion are also considered hydromodifucation, 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 CPR I22.26(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. o "Integrated Management Practice (IMI')" means a facility (lMI') that provides small- scale treatment retention, or detention and is integrated into site layout, landscaping, and drainage design. ❑ "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. o "Maximum lixtent Practicable (MEP)" means the technology -based standard established by Congress in the Clean Water Act 402(p)(3)(Bxiii) that municipal dischargers of urban ninoff 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 waterhody. u "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. ❑ "Parking Lot" means land area or facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce. 7 "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 arca) an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally Page 4 sensitive area) or discharges to a receiving water within an environmentally sensitive area 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 mark]), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, hays 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 finite(' States 1•:nvironnental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMI's are not considered receiving waters under this definition, unless the BMI' was originally constructed in receiving waters. Constnuction of treatment control BMPs in "Receiving Waters" is prohibited and therefore may not he used to satisfy SI ;SNIP 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. u "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption. including stationary lunch counters and refreslunent stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area fur development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all Si ISMP requirements except for structural treatment BMP and numeric sizing criteria.rcquirement and hydromodification requirement. • "Sediment" means soils or other surfucial 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 bottoms dwelling organisms, and suppress aquatic vegetation growth. u "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 Tess 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 pia building footprint: addition to or replacement of a structure; replacement of an impervious surface that is not pan 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 constniction on existing roads, and replacement of damaged pavement. ❑ "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 andfur 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 Tots 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 nixed 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 13MPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. • "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 SLISMP 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 he conveyed to Receiving Waters, such as: natural drainages, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, or catch basins. u "Streets. Roads, Highways, 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 Page 6 greater used for the transportation of automobiles. trucks, motorcycles and other vehicles. For the purposes of SUSMP requirements, Streets, Roads, Highways 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. u "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, hiological, 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 St JSMP 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 he 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 be 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 minimurn, 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 SI JSMP requirements must he 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 13MPs. All priority projects shall implement one or a combination of storm water BMPs, including, 1)1.1D 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 liMPs 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 Trcatment 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 be 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 be deemed to he a part of this Model SIJSMP jointly submitted to the Regional Board for review and approval. Any such model program shall specify the conditions under which project proponents can he 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 he submitted to the Copermittecs and if agreed to by the Copermittecs 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 Trcatment 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 V1.2.c, Step 8, "Design to Trcatment Control BMP Standards." The alternative method must minimally meet the following criteria: • The alternative treatment area shall he 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 be equivalent or greater than the project footprint; • The alternative treatment area shall have an equivalent or greater impervious surface area than the project: Page 8 • The alternative treatment area shall have an equivalent or greater pollutant toad than the project; • Site Design and Source Control BMPs (Section VL2.a & h) shall be required in the project design; • Alternative treatments .shall be limited to redevelopment and/or infill projects. National City may implement the alternative LEAL) 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 8 Conditions of Concern in Receiving Waters (Section VI.1.b) NO YES //\\ Would the Project Generate Pollutants or Conditions o f Concern? \ ,/ Page 10 Project required to Implement: • Site Design • Source Control BMPs • BMPs tor Individual Categories • Standard Treatment Control BMPs (Table 2) 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 UMP(s) from Appendix A that would have the greatest pollutant removal efficiency for projects. F.nhanced 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: I. Sediments Sediments arc 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 tish gills, reduce spawning habitat, lower young aquatic organisms survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. 2. Nutrients - Nutrients arc 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 crxled soils. Excessive discharge of nutrients to water bodies and streams can cause excessive aquatic algae and plant growth. 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 are raw material components in non-metal products such as fuels, adhesives, paints, and other coatings. Primary source of metal pollution in storm water arc 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 ".raw M.. and SarmL,.,,:,i•ne..lmr,nry Irr al. FJcrnLK.5SUSNT L.r NC :• Page 11 concentrations, certain metals can be toxic to aquatic life. Humans can be impacted from contaminated groundwater resources, and hioaccumulation 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 arc 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) are 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 -'phis 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 arc 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 enviromnent 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 rcmediated or are not threatened by the proposed project are not considered a pollutant of concern. Table 1. Anticipated and Potential Pollutants Generated by Land Use Tvpe. Priority Project Categories Detached Residential Development Attached Residential Deg tlppmcnt Commercial Development One Acic Industrial development - One Acre Automotive Repair Shops Restaurants Ilinside Development >5.000 II' Sediments X X P"' X X tI navy Nutrients Metals X X pn X General Pollutant Cate ories Organic Compounds Trash Oxygen h Demanding Debris Substances X X 1'(r) X X x X X`"`' Parking I.us P°i 1'0) Retail Gasoline X X Outlets titreelS, flighu ass & X PI)' X X)'n X X = anticipated P potential (I) A potential pollutant if landscaping exists on -site. (2) A potential pollutant if the project includes uncovered parking w eau. (3) A potential pollutant if land use involves fixxl or animal waste products. (4) Including petroleum hydrocarbons. (5) Including_solvents. X X X X X X P•51 Bacteria (ITease Viruses X X X X x Pesticides_ X X pt5) X 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 arc found in water or sediments of a receiving water and/or have the potential to he toxic or to bioaccumulate in organisms therein; and • Inputs of the pollutant are at a level high enough to be considered potentially toxic. 1b 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 be generated by the project (as identified in 'fable 1). Any pollutants identified by Table 1, which are 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 1 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 site's hydrologic regime would be considered a condition of concern if the change would impact downstream channels and habitat integrity. 1. http://www.swrcb.ca.gov/—rwgcb9/Programs/Planning_and_Services/SD_Basin/sd_basin.html 2. http://www.swrcb.ca.gov/1mdt/303d_lists.html, San Diego is in Region 9 Page 14 Because of these potential impacts, municipal staff may require that the following steps he followed for Priority Projects which, in their judgment, may impact the hydrologic regime: 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 be 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 gcotechrtical 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 downstrearn 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, runoff volume, time of concentration, and retention volume. These characteristics shall be developed for the two-year and 10-year frequency, Type storm, of six -hour or 24-hour duration (whichever is the closer approximation (Attie site's time of concentration), during critical hydrologic conditions for soil and vegetative cover'. The drainage study shall report the projcet'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 V1.2. lriorty Development Projects that disturb 50 acres or more are subject to the City's interim Hydromodification Criteria (11IC). The IBC was developed regionally and was modified from the Contra Costa Hy drornodification Plan. Two compliance options arc 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 be managed under the curve- 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 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. The I ID implementation option may become available later if design and sizing procedures are created and approved regionally during the course of developing the final llydromodification Plan. If LID design guidance is not approved during the period that the IIIC are in place, the curve -matching standard is the default compliance standard. l . 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 Ilydrograph Simulation Program —Fortran (HSPF) to simulate pre - project and post -project ninoff, including the effect of proposed Integrated Management Practices (IMI's), 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 0.205 to Q5, the post -project peak flows shall not exceed pre -project peak flows. For flow rates from Q5 to Q10, post -project peak flows may exceed pre -project flows by up to 10% for a I -year frequency interval. For example, post -project flows could exceed pre -project flows by up to 10% for the interval from Q9 to Q10 or from Q5.5 to Q6.5. but not from Q8 to Q10. (Note that the 0.2Q5 end of the range may be modified). 2. Implementation of LID IMPS. The 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 area) 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 he 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 IHC when: 1. The project would discharge into channels that are concrete -lined or significantly hardened (e.g., with rip -rap, sackcretc, 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 arc highly impervious (e.g. >70%)." Page 16 4. The applicant conducts an assessment incorporating sediment transport modeling across the range of gcomorphically-sitmificant flows that demonstrates to the permitting agencies satisfaction that the project flows and sediment reductions will not detrimentally affect the receiving water. ESTABLISH STORM WATER BMPs Site design BMPs reduce the need for source and/or treatment control BMI's, and source control RMPs 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 BMI's into the project design, in the following progression: • Site Design BMPs • Source Control BMT's • 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 IiMPs. LII) BMI's 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.I.d.(5) and (6). Selection of JTMPs 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, "Treatment Control BMPs." To select a structural treatment BMP using the Treatment Control IBMI' 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 1). Any pollutants identified by Table 1 which also cause a Clean Water Act section 303(d) impairment of the receiving waters of the project shall he considered primary pollutants of concern. Priority projects that are anticipated to generate a primary pollutant of concern shall meet all applicable requirements in Section V1.2, and shall select a singe or combination of storm water I.3MPs from Table 3 that arc effective for pollutant removal of the particular primary pollutant(s) of concern. Alternatively, a project proponent may elect to implement a combination of LID 1iMPs that either disperse and infiltrate, or direct to bioretention 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. Page 17 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 storm water BMPs from Table 3 which are 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 he the most significant for the project. Selected BMl's 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 be approved by the Coperrnittee 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 be 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 conccm as other feasible BMPs listed in Table 3. Page 18 Table 2. Standard Storm Water BNB' Selection Matrix. Priority Project Category Detached Residential I kvrlopmcnt Attached Residential Development Commercial l)edopmcnt ` One Acre Industrial Development One Acre Aatouhi,Iis e Repair Shop Restaurants hillside I ievclopmenl :•5,000 ftl Parking Lots Streets Highways & Fterw ays Retail Gasoline Outlets Site I Source Design Control BMPs") BMPs 1' R R R R R K K R R R R R K R R R R Re uiretnents Applicable to Individual Priority Project Cote: arks"' R R - Required: select BSIPs as req- uired from the app- licable steps in Sa:hon VI.2a & h, or equivalent in Appendix A. (1) Refer to Section Vi 2.a. (2) Refer to Section V1.2.b. (3) Frio, ity project categories oust apply specific shun water [IMP requil norm;, where applicable. Projects arc subject In Ihr requirements „f all priority project c.nrgorics that apply. (4) A.plies if thepdced arca totals>.5,000 square fccr or with : I S parking spaces and is potentially exposed to urban runoff. R R R A C e. \ eh.dc Wash Arcas Outdoor Processing Areas K R R R 4— , A,c invrv. ,.vi SrI n fI'. nm. »WLw.J S,nn1.••Tn.n.n :now File, OLK, 2•I N.ME ., NC • 2 19 et a uvla,F� Page 19 "I able 3. Treatment Control BMP Selection Matrix. Pollutants of Hrurctaition Concern Coarse Sediment Mid Trash Pollutants that tend to associate with tine partici, during treatment Pollutants that tend to be dissolved following treatment Facilities IUD) Settling Basins Uhy Ponds} Iligh r High High Medium High Low r 11'et Ponds hihluetion Media rhgh-rate and Facilities Ot Filters Fiorito, 1i'etlands I Practice; (111)) High high I High High High High Medium High Hitch -rote media Idlers High High Medium M s1ium Low L_ 1 rash Racks @ Hnhu -draamic ncviccs ! ligh Low Low Low 1nw 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 dram system. Typical criteria: an infiltration surface area at least 4% of tributary impervious area, 6-inch average depth of top reservoir, l8-inch soil layer, I2-inch to 18- 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 generally 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. 'fypical 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 he accomplished in any soil type and generally requires a maximum 2:1 ratio impervious:pervious 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 ' X5th 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 he accessible for maintenance. • High Rate lfiotilters (tree wells, typically proprietary). 13iotilters with specially designed media to rapidly filter runoff while removing some pollutants. Filterra(k) (proprietary version) recommends surface loading rates of up to 100 incheslhour. • high -rate Media Filters (typically proprietary). Vaults with replaceable cartridge filters tilled 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. Table 4. Pollutants and Associated I'article Sizes _ Pnlhdant Coarse Sediment and Pollutants that tend to Pollutants that tend to he Trash associate with fine dissolved following particles during treatment treatment X _ _ X —. — _ Sediment Nutrients _Heavy Metals Organic Compounds Trash & Debris _Oxygen Denwndi�_ Bacteria Oil & Grease 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 ntnoff 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. Page 21 • Providing runoff storage measures dispersed uniformly throughout a site's landscape with the use of bioretcntion facilities and detention, retention, and infiltration practices. 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 LIT) Handbook (2007), Stw7 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 (2000.. 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 V1.2. Design Concept 1: Minimize Project's Impervious Footprint & Conserve Natural Areas The following site design options shall be considered and shall be 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 he 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. Page 22 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. h. 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 sen-) communities. e. All other upland conununities. I. 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 he considered more sensitive than the same category without hillsides. 3. Constnict 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. Use natural drainage systems to the maximum extent practicable. 8. Minimize soil compaction 9. Other site design options, which are comparable, and equally effective. Page 2:3 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 Department of Fish and Game. The following design principles shall be considered, and incorporated and implemented where determined applicable and feasible by National City: t. 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 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 arc comparable and equally effective. h. Source Control BMPs Step 3: Provide Storm Drain System Stenciling and Signage Storm drain stencils arc 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. Graphical icons, either illustrating anti -dumping symbols or images of receiving water fauna, are effective supplements to the anti- dumping tnessage. Priority projects shall include the following requirements in the project design, where determined applicable and feasible by National City. 1'age 24 1. Provide stenciling or labeling of all storm drain inlets and catch basins within the project arca with prohibitive language (such as: "NO DUMPING - I 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 nmoff conveyance system, the following storm water BMPs are required: Hazardous materials with the potential to contaminate urban nmoff 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 stntctures such as berms, dikes, or curbs. The storage area shall be paved and sufficiently impervious to contain leaks and spills. 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 All 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 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 nmothshall be considered, and shall be incorporated and implemented where determined applicable and feasible by National City: Page 25 ' Formatted: bullets and Numbering 1. lmployment of rain shutoff devices to prevent irrigation after precipitation. 2. Design of irrigation systems to each landscape area's specific water requirements. 3. Use 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 Cateeories Where identified in Table 2, the following requirements shall be 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 at the Source [1999]): 1. Rural swale system: street sheet Flows to vegetated swalc or gravel shoulder, curbs at street comers, culverts under driveways and street crossings; 2. t lrhan curbiswale system: street slopes to curb, periodic swale inlets drain to vegetated swaleibioliltcr; 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. h. 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 whcclstrips (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 he, designed to drain into landscaping prior to discharging to the storm water conveyance system. 3. Other features which arc comparable and equally effective. Page 26 c. Dock Areas Loading/unloading dock areas shall include or observe the following: 1. Loading dock areas shall he covered or drainage designed to preclude urban run-on and runoff. 2. Direct connections to storm drains from depressed loading docks (track wells) shall be prohibited. 3. Other features may be used which are comparable and equally effective. d. Maintenance Rays Maintenance bays shall include and observe the following: 1. Repair/maintenance hays shall be installed indoors; or, be designed to preclude urban run- on and runoff. 2. The repair/maintenance hay drainage system shall he designed to capture all wash water, leaks and spills. Drains shall be connected to a sump 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 he obtained by the business. OR 3. Other features which are comparable and equally effective may be used. Vehicle Wash .4reas Priority projects that include areas for washingisteam cleaning of vehicles shall consider, and shall incorporate and implement where determined applicable and feasible by National City, the following: f 1. 13e 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 Arens Outdoor process equipment operations, such as rock grinding or cnishing, 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 he a potential threat to the water quality by National City shall adhere and observe the following requirements: I'age 27 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 he used. g. 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 offsitc transport of pollutants from parking areas, the following design concepts shall be 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 arc to be 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. Roadways Priority roadway projects shall select treatment control BMPs following the enhanced treatment control selection procedure identified in Section VI.2. "Establish Storni Water BMPs." j. Fueling Areas Page 28 Fuel dispensing areas shall contain the following: 1. Use an overhanging roof structure or canopy. The cover's minimum dimensions must be equal to or greater than the area within the grade hreak. The cover must not drain onto the fuel dispensing area and the downspouts must he routed to prevent drainage across the fueling area. The fueling area shall drain to the project's treatment control BMI'(s) prior to discharging to the storm water conveyance system. 2. tie 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 be provided, and must be 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 he operated plus 1 foot (0.3 meter), whichever is less. 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 fur 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 stomt water BMPs that will remove anticipated pollutants of concern, as identified by the procedure in Section VL I, 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 he implemented unless a waiver is granted to the project by National ('ity based on the infeasibility of any treatment control 13Iv1P. Step 8: Desien to Treatment Control BMP Standards All priority projects shall he 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 be operational prior to the use of any dependent development, and shall be located Page 29 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 nmoff produced from a 24-hour 85i1' percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area)"; or ii. The volume of runoff produced by the 85t11 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 .Vo. 23/ ASCE Manual of Practice No. 87, (1998); or iii. The volume of annual runoff based on unit basin storage volume, to achieve 90 percent or more volume treatment by the method recommended in California Stornwater Rest 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,` OR Flow 2. Flow -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: J. The maximum Clow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour for each hour of a storm event; or ii. The maximurn flow rate of runoff produced by the 85thpercentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or 4. This volume is not a single volume to be applied to all of San Diego County. The size of the 85°' percentile storm event is different for various parts of the County. NationalCity has calculated the 85"' 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 be used to calculate the 85"' percentile storm event, where each storrn 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. l'agc 30 The maximum flow rate of nmoft. 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 85'h percentile hourly rainfall intensity multiplied by a factor of two. Limited Exclusions: I. Proposed restaurants, where the land arca for development or rcdcvclopment 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 SI NMI' requirements, the numeric sizing criteria discussed in Section VL2.c, Step 8 shall apply only to the addition, and not to the entire development. Step 9: I.ocate 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, be used singly or in combination, or he shared by multiple new developments, pursuant to the following requirements: I. AU structural treatment control HMI's 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 IIMPs shall only be required to treat the dependent developments or phases of development that are in use; 4. Interim storm water 13MPs that provide equivalent or greater treatment than is required by Section 3.a may he implemented by a dependent development until each shared BMP is operational. If interim IRM1's are selected, the HMI's shall remain in use until permanent BMPs are 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 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/8OD/R-94/051, USEPA (1994). Page 31 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 basins). As additional ground water basin data is obtained, National City may develop additional restrictions on the use of any RMPs that allow incidental infiltration. At a. minimum, the use of structural treatment RMPs designed to primarily function as infiltration devices shall meet or observe the following conditions6: 1. Urban runoff from commercial developments shall undergo pretreatment to remove both physical and chemical contaminants, such as sedimentation or filtration, prior to infiltration. 2. Ali dry weather flows 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)J 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 dcchlorinated swimming pool discharges. 3. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration structural treatment BMPs are to be used. 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 -specific basis by the Copermittce. Where groundwater does not support beneficial uses, this vertical distance criterion may he 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 RMPs 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 St7SMP. 7. The horizontal distance between the base of any infiltration structural BMP and any water supply wells shall he 100 feet or as determined on an individual, site -specific basis by National City. Where infiltration RMPs are authorized, their performance shall be evaluated for impacts on 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 32 groundwater quality. In developing the Jurisdictional SUSMP, National City shall develop additional restrictions on the use of treatment control BMPs that arc designed to primarily function as infiltration devices. National City shall consider the Section D.I.g. pennit requirements to control the contribution of pollutants from one portion of the watershed to another portion of the watershed through interagency agreements among the Copermittecs. In those instances where National City determines that implementation of proposed infiltration 13MPs 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 (sty shall not consider stnuctural BMPs "effective," and therefore shall not accept storm water HMI's as meeting the NUT standard, unless a mechanism is in place that will ensure ongoing long-term maintenance of all structural BMPs. This mechanism may be provided by National City or he required by the project proponent. As part of pmject review, if a project proponent is required to include interim or permanent structural 13M1's in project plans. National City shall require that the applicant to provide verification of maintenance requirements through such means as may he 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 13MP. Unless acceptable to National City, public entity maintenance agreements shall ensure estimated costs are front -funded or reliably guaranteed, (c.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 HMI's proposed fur 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 constnrction and,br maintenance of the facilities. National City must he identified as u third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions. 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 he required. Page 13 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 bask. Any agreement with such a District shall he subject to the f'ublie 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 13M1' 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 he 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 storm water BMP maintenance shall he 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 !IMP maintenance shall he incorporated into the permit conditions before 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 before 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 I.MI' 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 and servicing of all structural 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. Page 34 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 he waived from the requirement of implementing structural treatment BMI's (Section VI 2.e, "Design to Treatment Control BMP Standards") if infeasibility can be 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 be granted from stnictural treatment BMP and structural treatment BMP sizing requirements. Priority.development projects, whether or not granted a waiver may not cause or contribute to an exceedancc 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 dctemined by the Copermittee, to a storm water mitigation fund. National City shall notify 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 Copermittecs establish a joint mitigation fund program for that watershed may be substituted. The .lointly Developed by San Diego Copermitces 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 'IS 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 information. All BMPs must comply with local zoning and building codes and other applicable regulations. Site Design BMPs Minimizing Impervious Areas u Reduce sidewalk widths u Incorporate Landscaped buffer areas between sidewalks and streets. u Design residential streets for the minimum required pavement widths ❑ 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. ❑ Use open space development that incorporates smaller lot sizes ❑ Increase building density while decreasing the building footprint ❑ Reduce overall lot imperviousness by promoting altemative driveway surfaces and shared driveways that connect two or more homes together u 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 Tots, and interior roadway surfaces (examples: hybrid Tots, parking groves, permeable overflow parking, etc.) u Ilse curb -cuts or equivalent and equally effective methods that convey runoff into swales, landscaping, and natural areas prior to entering the MS4 u 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 andor use amended soils to encourage Tight infiltration/percolation ❑ Minimize disturbances to natural drainages Page 36 u Minimize soil compaction in planned green space (landscaped areas, lawns, etc.) and re- fill 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. u Cisterns ; Rain barrels ❑ 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 n Stabilized permanent channel crossings ❑ Planting native or drought tolerant vegetation on slopes ❑ Energy dissipaters, such as riprap, at the outlets of new storm drams, culverts, conduits. or channels that enter unlined channels Maximize Rainfall Interception u Cisterns u Foundation planting Increase Rainfall Infiltration ❑ Dry wells Source Control BMPs u Storm drain system stenciling and signage ❑ Outdoor material and trash storage area designed to reduce or control rainfall runoff u Efficient irrigation system Page 37 Treatment Control BMP's Biofilters u Bioretention Swale (detains and infiltrates water through soil) u Sturm water Planter Box (open -bottomed) ❑ Storm water Flow -Through Planter (sealed bottom) u Vegetated filter strip u Bioretention area u Vegetated Roots / Modules % Walls Detention Liasins ❑ Extended/dry detention basin with grass/vegetated lining o Extended/dry detention basin with impervious lining Infiltration Facilities o Infiltration basin ❑ Infiltration trench u Dry well Permeable Pavia u Gravel ❑ Permeable asphalt u Pervious concrete ❑ Unit pavers, ungrouted, set on sand or gravel ❑ Subsurface Reservoir Bed Wet Ponds and Wetlands ❑ Wet pond (permanent pool) ❑ Constructed wetland Drainage inserts u OiWv'ater separator j Catch basin insert ❑ Storm drain inserts ❑ Catch basin screens Page 38 Filtration Systems • Media filtration ❑ Sand filtration Ilydrodvnamic Separation Systems u Swirl Concentrator u Cyclone Separator Trash Racks and Screens Page 39 APPENDIX II t F ."iT F � �^ 3 < I �� '� yJ '�;. .i . £ �: *ram, . .r .... ;,•'' .? ��).µ }, '.,: is 91 ^!Mx'�Fi /�5:., ii.. ' •t Y ,�k �, ... The County of San Diego Low Impact Development Handbook; Stormwater Management Strategies . (2007). Presents guidance for LID sormwater planning and management techniques. Fact Sheets on LID BMPs are provided in the Appendices. The County of San Diego The Department of Planning and Land I Ise 5201 Ruffin Rual. Suite B San Diego, CA 92123 htm //wwwsdcounty.ca.ggv/dplu/LID PR hnni www.sdcounty.ca.eov,4iplu,' Reiter Site Design: A Handbuch j.,r 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.ewp.urg California Urban runoff Best 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 13MPs Los Angeles County Department of Public Works Cashiers Office 900 S. Fremont Avenue Alhambra, CA 91803 626-458 6959 www.cahmphandbooks.org Caltrans Urban nrno/TQuality Handbook: Planning and Design StaffGuide (Best Management Practices Handbooks (/998) Presents guidance for design of urban runoff BMPs California Dcpartutent of Tianspnnation P.O. Box 942874 Sacramento, CA 94274 0001 916-653 2975 Bioretenlion 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 littp://wvAv.co.pg.ind.us/GovenutientiAgencylndex!DER /ESD/Biorctentionibioretention.asp Contra Costa Clean Water Program Stormwater C 3 Guidebook Includes an integrated design approach to meet Catitbrnia Stonmwater NPDFS treatment and hydrograph modification management requirements using I ow Impact Development site design techniques and facilities. Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 www.cccicanwater.org/construction/nd.php Design of Stormwater Filtering Systems (1996) by Richard A. Clavtor and Thomas R. Schuler Presents detailed engineering guidance on ten different urhan runoff -filtering systems. Center for Watershed Protection 8391 Main Street Ellicott City, MD 21041 410-461-8324 Development Planning for Stor,nnater Management, A Manual for the Standard Urban Stormwater Mitigation Plan LSUSMP,i. (Mau- 2000) Los Angeles County Department of Public Works hitpa/dpw.co.la.ca.us/epd; or htto://www.888cleanl.A.com Page 40 Florida Development Manual: A Guide to Sound Land and Water Management (1988) Presents detailed guidance for designing flMPs Florida Department of the Enviromneut 2600 Blairstone Road, Mail Station 3570 Tallahassee, FI. 32399 850-921-9472 Guidance Speci j'ing Management Measures for Sources ofNonpoint Pollution in Coastal Waters (1993) Report No. EPA—S40-B-92.002. 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 80)-553-6847 Guide for BMP Selection in Urban Deirloped Areas (2001) ASCE Envir. and Water Res. Inst. 1801 Alexander Bc11 Dr. Reston, VA 20191-4400 ' (800) 548-2723 Low. Impact Development Design Strategies - An Integrated Design Approach (June 1999) Prince Georges County, Maryland Department of Environrnental Resource Programs and Planning Division 9400 Peppercorn Place Largo, Maryland 20774 http://www.co.pg.md.us/GoverranenoDER/PPD/pgcount ydlidntain. htrn Maryland Stormwater Design Manual (1909) Presents guidance fin designing urban runoff BMPs Maryland Department of the Environment 2500 Broening ilighway Baltimore, MD 21224 410-631-3000 National Stormwater Best Management Practices (BMP) Database, Version 1.0 Provides data on performance and evaluation of urhan runoff BMI's 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 Watcr Engineers, Inc. (303)480-1700 Operation, Maintenance and Management of Stonmvafer 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 bioretention facilities. Environmental Set vices 1120 SW 5th Ave., Rm. 1000 Portland. OR 97204 503-823-7740 http://wmv.portlandonline.com/bes/index.cfin?c-35 portlandonlinesum/bes/index.cth ?c=3S I22 & Potential Groundwater Contamination from intentional and Non -Intentional Stormwater Infiltration Report No. EPA/6001R-94/051, I'SEPA (1994). Page 41 .ram t - .. Preliminary Data Summary of Urban runoff Rest Management Procne', (Angnst /999) FPA-821-R-99-012 lutp://www.epaeolinst/stortnwater/ Reference Guide for Stormwater Hest Management Practices (July 2000) City of Los Angeles Urban runoff Management Division 650 South Spring Street, 7'h Floor Los Angeles, California 90014 impy/www. tacit v. oro/can/swmcli Second Nature: Adapting 1.A's landscape for Sustainable living (1999) by 'Free People Detailed discussion of 11MP designs presetned to conserve water, improve water quality, and achieve flood protection. Tree People 12601 Mullholland Di ive Beverly Hills, CA 90210 (818) 623-4848 Fax (818) 753-4625 .Stint at the Source (1999) Detailed discussion of peinieable 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 S'tormivaler 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 Ecology P.O. Box 798 Olympia, WA 98507-0798 360-407-7529 Stormwater. Grading and Drainage Control Code, Seattle Municipal Code Section 22. R00- 22.8L8, and Director's Rules, Volumes 1-4. (Ordinance 119965, effective .hdv5.2000) City of Seattle Department of Design, Construction & 1 and Eke 700 5'" Avenue, Suite 1900 Seattle, WA 98104-5070 (206) 684-8880 hfip://www.ciseattle.wa.usideltu'CodesisgtIc-cade.hon Tc.vs Naripoint Source Book - Online Module (1998)www.txnpsbookorg Texas Statewide Urban runoff Quality Task Force North Central Texas Council of Governments 616 Six Hags Drive Arlington, TX 76005 817-695-9150 Presents BMI' design and guidance information on-line The Practice of Watershed Protection by Thomas R. Shcbuler and !leather K. Holland Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-4h 1-8 323 Www.Cwn (r• Urban Storm Drainage. Criteria .Manual - Volume 3, Rest Management Practices (1999) Presents guidance for designing BMPs Urban Drainage and Flood Control District 2480 West 26th Avenue, Suite 156-B Denver, CO 80211 303-455-6277 Page 42 APPENDIX C City of San Diego I.ocalized 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 Storrn Water Mitigation Plans (SUSMPs). SUSMI's 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 storrn water nmoff 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 I.ocalized Equivalent Area Drainage method or "LEAD" method. Fundamental to the LEAD 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 I3MPs 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 I3MPs to reside in the public domain where BMI' operation and maintenance can he 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 1.1 A I) method include the following: • The l.EAI) method is applicable to infill development and redevelopment projects located within existing developed areas. Page 43 • 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 he 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 I.1iAD watershed. All development and redevelopment projects subject to regulation under the SUSMI' arc 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 HMI's. 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 he 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. • HMI's 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 Toad reductions obtainable at the alternative LEAD method treatment arca must he 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 LEAD 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 44 • Eligible projects would be limited to areas located within existing developed areas of the City of San Diego. Projects would be 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 BM1' location. • Eligible projects will he 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 be 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 Hoard apprised of the progress and results of the pilot study. "I he 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 Concem Using the process identified in the Final Model SUSMP and repeated in the City's Local SLJSMI', 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 V1.1.a). • identity pollutants of concern in the receiving waters to which the project would discharge (SI ISMP Section VI.1 h and c). Identify those constituents that are potentially generated from the project ur 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: • 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 immediate vicinity. Page 45 • The LEAD method is applicable when implementation of BMPs to treat the runoff from an entire watershed or drainage arca that would not otherwise require treatment is more feasible. practical, or beneficial to receiving waters than implementation of BMPs to treat the nmoff 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. 1 b - 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. 'Ibis 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. runoff coefficient, and the methods prescribed in the SLISMP. • 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 /.sing the process identified in the SLISMP, 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 - linhanced Treatment Control f3MP Selection Matrix. The BMP selection should take into account both the pollutants of concern and site factors. ld - 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 1 b. This includes: • Determine the average percentage pollutant reduction for the BMPs using Table B (to he developed). • Apply the pollutant load percent reduction to the average pollutant load estimate developed under Step I h to determine the average load reduction with BMPs. This average load reduction is the minimum pollutant reduction treatment goal for an alternative LEAD method treatment area. Page 46 Step 2 — Evaluate LEAD Method Treatment Area 2a — Determine LEAD Project Characteristics Locations for candidate LEAI) method BMPs 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 burn the master drainage plan, key characteristics of the LEAD method treatment area watershed/sub-watershed must be determined. This includes: • Existing land use(s) and arca(s) and impervious factor. • Drainage area. • Rainfall characteristics. 2b — Determine Water Quality Design Volume Estimate the water quality design volume for the LEAD method treatment arca using the methods prescribed in the SIISMI'. 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, runoff coefficient, and the methods preset ibed in the Sl ISMP. 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 he made for the potential i.EAD method treatment area for the same pollutants of concern identified in Step la for the project site. 2d — Determine Candidate Treatment Control BMPs for LEAD Method Treatment Area LEAD method treatment arca I3114Ps will be identified in master drainage plans. 'the RMPs identified in the master drainage plans will take into account the pollutants of concern identified in Step la, and will have been selected fionr either Table 2 - Standard Storm Water 1iMP Selection Matrix. or Table 3 — Enhanced Treatment Control BMP Selection Matrix. 2e — Determine Pollutant Reductions Calculate the pollutant loud reduction resulting from the selected LEAD method treatment area RMPs fur each of the pollutants for which average pollutant loadings were determined under Step 2c. This includes: • Determine the average percentage pollutant reduction for the BMPs using 'fable 13 (to be (leveloped). Page 47 • Apply the pollutant load percent reduction to the average pollutant load estimate developed under Step 2c to determine the average toad reduction with the BMPs for each of the pollutants. 2f — Compare LEAD Method Treatment Area with Qualifying Project Requirements Compare the pollutant Toad reduction for the LEAD method treatment area with the pollutant reduction treatment goal for the qualifyingproject determined under Step I d: • If LEAD method Treatment Area Pollutants of Concern Load <: Project Pollutants of Concern Load, repeat process with another I.I•AI) site. • if LEAD method'1 reatment Area Pollutants of Concern Load Project Pollutants of Concern Load, LEAD method Treatment Area is acceptable - Implement BMI's at LEAD method treatment area. • If LEAD method Treatment Area Pollutants of Concern Load '> Project Pollutants of Concern load, I.EAD method Treatment Area is acceptable — Implement BMPs at LEAD method treatment area. While the comparison must be made for all pollutants of concern, there will typically he 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 I'ollution 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 treatment 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 BM I's implemented at the project site or LEAD method treatment area. Page 4S • Listing 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 arc known at the time the annual report is submitted. • Proposed changes in the I.1[Ai) method to be implemented during the next 12-month period. The primary criterion for evaluating the effectiveness of the LEAD method will he 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 he to compare the timing of l3MPs implemented under the LEAD method with the timing under which BMI's might have been implemented outside the program. In general, the LEAI) 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 LEAD 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 I.EAD 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 hased event mean concentrations. • Establishing 13MP perfbrtnance 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-hased BMP rnethodology. 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 andior project categories to populate a table such as the suggested Table 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 49 sediment, nutrients, heavy metals, oxygen demanding substances (e.g., biological oxygen demand or carbonaceous oxygen demand), oil and grease, and certain indicator bacteria. c Data on other organic compounds is by and large below detection limits and it would he difficult to establish meaningful factors, so it is recommended that this not he included in an analysis. o 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 trashldebris removal as part of the overall plan, and therefore calculating trash Toads 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 for removal of other organic compounds suggests performance is by and large below detection limits and it would be difficult to estahlish meaningful factors, so it is recommended 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 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. Comparing Flom -Rased HMI's If a flow -based BMP approach (e.g. vegetated swales, biofilters, hydrodynamic separator) is proposed for either the qualifying project or the 1.EAD method treatment area, a direct calculation of volume of runoff treated and pollutant load reduced is substantially more complex than for volume - based HMI's (e.g., detention, retention). Methods can he established by evaluating hydrologic data and to develop an approximate relationship between maximum flow treatment capacity and estimated volume treated or continuous simulation models such as the Storage Treatment Overflow Model could be run for each site. Page 50 AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 19, 2008 SECOND READING AGENDA ITEM NO. 35 7-ITEM TITLE An Introduction of An Ordnance 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 J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMEND ION Introduce Ordinan = •' / COMMISSIO1'RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Amended Ordinance Ordinanc e 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. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 14, 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 as follows: 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. 2008 Ordinance 1 Storm Water Management and Discharge Control 14.22.010 Title. This chapter shall be known as the "National City Storm Water Management and Discharge Control Ordinance", and shall be so cited. 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 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 2008 Ordinance 2 Storm Water Management and Discharge Control treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, 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. "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: 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. 9. 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. 2008 Ordinance 3 Storm Water Management and Discharge Control "Enclosed Bays and Estuaries Plan" means the California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California, 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. "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 California ocean plan standards. "Impaired water body" means a water body that is listed by the SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Federal Clean Water Act. "3O3(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. 2008 Ordinance 4 Storm Water Management and Discharge Control "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 2008 Ordinance 5 Storm Water Management and Discharge 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 California 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 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. 2008 Ordinance 6 Storm Water Management and Discharge Control "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. "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 Toads, 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; 2008 Ordinance 7 Storm Water Management and Discharge Control 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. "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. 2008 Ordinance 8 Storm Water Management and Discharge Control "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 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 shall 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 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: 2008 Ordinance 9 Storm Water Management and Discharge Control Administrative clearing permit Lot line adjustment Final map modification Grading plan (including modification or renewal) Improvement plan (including modification) Landscape plan Building permit Construction right-of-way permit Encroachment permit Excavation permit On -site wastewater system permit Underground tank permit Well permit G. Guidance Documents. Any authorized enforcement official may prepare, circulate for public comment, disseminate and maintain guidance documents addressing the use of 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 2008 Ordinance 10 Storm Water Management and Discharge Control 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 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 in or 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. 2008 Ordinance 11 Storm Water Management and Discharge Control 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. 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 14.22.04O(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 less 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; 2008 Ordinance 12 Storm Water Management and Discharge Control 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 specified 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. 14.22.090 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, 2008 Ordinance 13 Storm Water Management and Discharge Control 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 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 SW PPP. 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) 2008 Ordinance 14 Storm Water Management and Discharge Control 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. 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. 2008 Ordinance 15 Storm Water Management and Discharge Control 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 closed 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 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. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of 2008 Ordinance 16 Storm Water Management and Discharge Control 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: Airplane mechanical repair, maintenance, fueling or cleaning Motor vehicle (or other vehicle) parking Tots and storage facilities Motor vehicle and other vehicle body repair or painting Motor vehicle mechanical repair, maintenance, fueling or cleaning Boat mechanical repair, maintenance, fueling or cleaning Botanical or zoological gardens and exhibits Cement mixing or cutting Cemeteries Eating or drinking establishments, including food markets Equipment repair, maintenance, fueling or cleaning Golf courses, parks and other recreational areas/facilities Landscaping Marinas Masonry Mobile motor vehicle or other vehicle washing Mobile carpet; drape or furniture cleaning Nurseries and greenhouses Painting and coating Pest control services Pool and fountain cleaning Portable sanitary services Retail or wholesale fueling Building material retailers and storage Animal facilities 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. 200B Ordinance 17 Storm Water Management and Discharge Control 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; 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 furniture 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 2008 Ordinance 18 Storm Water Management and Discharge Control 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: 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. 2008 Ordinance 19 Storm Water Management and Discharge Control 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; 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. 1. Notice of Intent. Industrial dischargers required to 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 industrial dischargers tributary to 303(d) listed water body segments 2008 Ordinance 20 Storm Water Management and Discharge Control 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. 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 2008 Ordnance 21 Storm Water Management and Discharge Control 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 in public 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 14. Downstream erosion control 15 Prevention of non -storm water discharges 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. 1. 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 2008 Ordinance 22 Storm Water Management and Discharge Control 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. 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, 2008 Ordinance 23 Storrn Water Management and Discharge Control 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.) 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 2008 Ordinance 24 Storm Water Management and Discharge Control 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. 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 2008 Ordinance 25 Storm Water Management and Discharge Control 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; 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 (Jt1RMP). The authority to conduct reasonable inspections and the obligation of an owner or occupant to 2008 Ordinance 26 Storm Water Management and Discharge Control 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. Any 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 penalties, may be made a lien 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 2008 Ordinance 27 Storm Water Management and Discharge Control 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. 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. 2008 Ordinance 28 Storm Water Management and Discharge Control 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 shall 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 lirnited 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; 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 19th day of February, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney 2008 Ordinance 29 Storm Water Management and Discharge Control City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 19, 2008 AGENDA ITEM NO. 36 Continued 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 Keeder, 336-4310 EXPLANATION DEPARTMENT Planning The City Council considered this item at their February 5, 2008 meeting; the previous background report is attached. At the February 5 meeting, Council continued the item for two weeks due to lack of a full Council. There was interest expressed in seeing the approved plans when the item came back (also attached). In addition, the condition of the property was discussed. Although there has been some removal of outdoor storage since the last report, staff is continuing to work with the applicant to further clean up the site. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION RCP Staff recommends that the expiration date for S-2005-4 be extended by two years to January 17, 2010. BOARD / COMMISSION RECOMMENDATION N/A 1 ATTACHMENTS ( Listed Below ) 1. February 5, 2008 Background Report 2. Resolution No. 2006-6 3. Location Map Resolution No. 4. Applicant's letter of request 5. Project Plans A-200 (9/99) February 5, 2008 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 from 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 are 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. i 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 California, 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. 6. 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. 7. 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 pattern is compatible with the adjacent commercial and residential properties. 3 Resolution No. 2006 — 6 January 17, 2006 Page 3 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 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 less 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. 2. 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. 5. 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 and 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 to 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 monumentation, 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 7 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: George H. iser, Ill 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 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 I jerk o the ity of :tional City, California By: Deputy 9 2331 00 / w 308 }5121 7 2518 2530- 2532, 2536 1 304.. _. D •2304_ 2308 CD2313 2320 n 2321 2316 I iL I A • 324 234 6 13)1 Iw }c,} 2332336 O co ( POO JFCT LOCA t`ON 2400 �_ 242$ 2432 2440 2301- I2315 12331 E. 24th Street 2401 12437 2503 _ ' v m c CD 2627 -r 2637 2643-- _I 1:3 DEC '07 PH 2:52 Pacific Horizon PROPERTY AND FINANciALGROUP 1927 Adorns Avenue San Diego, CA 921Ib 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 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 c'e 3?/6 Pacific Horizon Properties, Inc. Pacific Horizon Financial, Inc. • P.H. Property Management, Inc.?. 619-491 0200 619-491-n015 11 619-491-0355 i 1.....'^ " -t.,,;.,.:: y,'/ • ••'"?.. V •••• ___..--' ,..A.'..! • ......... • :CA P1.41.1.,1,4, ,.....-.1.....a, :., ...1.n ..,..,..!..... ,............ ••••.i......-0,11., •,', . , -Yrs , ., 4 .,,,-.0...s. •nr. INV, VV.( rw ..c'T I....4.r,, `,.. K.104.1.-.4.1. 4.40. My ni.../1 , /....• ...., A .,.4 .4: r• \ Nti —:\LL •,,,,, --,1- .6.1.1,, 1- . . ---.-; 4 r.7=V^ ( .i Ze•NINIL.. :.4. ' , ..1 ......"1-1,.. •,.. ;" • kik F ' ''''' ,) ''. -\ -, 11 ,..-,,,,.....; . .., ..,... ''.. _c.............. 4.4 4,..,1. 4/.,,,, i....ve, IL) 1 4 v.. ..!- - 1:- WON s....—..••••• !I --- 1 . I/ T •••• A.,---r. r---- -- 1!11 4 NAL. 4....•14.1 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO, S-2005-4,CUP-2005-7 DATE: 9;12/2005 • • ;•,*- • . • • „ . ',7t) !I , • .71 I of, 41. N i ! 1 Hi • I .11 • • 1"' r. „-- ' {1....,....1C.,.• 4,... 1 SAV 64.,,, ,t, .14 4 t WI ii t. ,...,..,60.• 4,p4...6..: I, ,..-. '.. (...1 ,.. 1 ,,,,, ...„."r,..,! ''''' .0, 1^ 41(.4,...,...\,;7 Sin . FLOOR PLAN Ll...... ) ......,....) i. mpg or: gp ippg pp. Se PPM= piiipppopppglpi enonal. NM MEM. a emu oo... 111.. M. .... Closar *MO 71111..nt 1.1.1.111 as 4 fl to 'mum TM •••.• al IMP at NM. ma. mum. ... oo• 4mom terms Wit_ or emao fair ‘167. W. a.m. mot lava. mos Or • WPM tfl1 s . tem. M. 11.1 1.11.111.0. MON 1. MOM .1.1111 I,. MIMI OM cialkser S lie 112 MM..14 n Ma Main. .1.11.0. • N..4 X • 110. ..10.• WI. go?. a. DETAIL 1sow' I, Mill Ia.. 1.1. • 04 iti• of Mb f PAO _a . oiltgo•P1o..6,11 .011W1. Woo Plige 0ETAPL. 2 UM Elinimi 1 MOM I 11111111M= ; MIN b INIMIMIll Min I •CrEs .. . oio. • ai. . ••• • ••••.: . . =,..x4i• • ft gir..3. ' .....',.....:•—y—' — .. a ma ........r. . ..... Xiirro-cP"' 1 i : ii; I, 1 „ '!!''''' I 1 • I ' '..1 ' I op),:".il?olk1772.. 0OPAIlio,"'" I ' MELTO I ii.s910 iii• •I •i • • :II 11; 1 • !. p i : - ! • -T---.-r . • • 71-- ..--.. . 7---r • /e.a., fl'= .-,.. r......, , . • . -,,- ., 1 r -1-11-1-• .= !!--;,,.. , . 1 • i, . .1_-1._-.1. i i 1 . — • ! ! 4 - --.. ! L 1 ! ! ! IL : . . • ELEVATIONS "7.77 -•••••••••••...t.tir A ltillt:?PiT .11AV TION '114r— '111'.."' •.• • n • t o • _ ri oSE.4.-rir,..1 AA I • POW, 9 fi C__,C1, 4 SECTL.741, 12 40 AP 1,14. 44 6!2.ct2,-07 1.ECAL DESOUPTION .1.1' 10 4. 6040.0...0 001611 if 101 0, NO I n 6.06, tof /0064 I 1•11,43.44 141.1 00MT0 of 10 .11.01 '5 16 00161. 1IC40'. i!} Of It ...v... h.CO. 04 IV .41,14 10) ttur, cs 7400. ..02mNo.t norr Q 44 4'.444. '00012-200104 Nun, 1400010 1•0 0.1441 11.0,..40 10 n4,01,1 1*3 1041010, V pgt.• N1.0.30131(10, 0. 64. 44,400•111. W. • •.66.0.01. 460 .1164).. <4. C. •646 .0(11.115 cY. 10 0141,0 04743 (V 010.44.444 31 sNO 1.1164 4444.4 6.4 15 1.1 1 11610 641. P10140201 (4.[Ir00 hUfn•CN 1101 13.f40,..1.1 Mt.. ASSE5SOR NUmSER, 0111-02-01-65 EASEMENTS: • 661 1. 1.610113.• SOURCE OF SURvEY; IOW, .0,0C 1.• ALW. 3.414.4 44.6. 111, 4-• PC .166 1.4.0-,0 .4 66-4,1.0 HIGHLAND HEIGHTS TENTATIVE SUBDIVISION MAP NO. EL DC 5 1,,. SE1CT1, 0411 1.0,4 i2 120 NC,. 4... 52-C72-2, k N16061 . 0411 311..1.0 06)(40. I " 40, ft • 5.1 ' 1 -"°'' : HIGI-1."-L-LAND ea" ------- .2_-'44151rx.15:4 • -644.:4,....1,4,4 • I A .S A i 321:i 44E 4. 4. 6 • 5) - 4, irN) - Sat INFORMATION n•A ,41 .1 In20 k nfr .64). 4• .44.10 0. 1001. 111.16110 ZONINQ 0. 20461 Y-10.44. 40..)(1), 1664)0110 ,AND USE; OW NM) 0,30 .040460.• 46.014) 2.2 4.601 f44.444f, FLOOD NOTE; 4.010 10.1 41111.e 4,110 ,0000 III PAT 461 4044 Mai )6110 011,-11101 UTIOTT NOTE; ...aux ...WI'S NU .0403' 0000 040. 54, urArca *0310. PIA'NER, DEVELOPER K. 160.• 311• 5.1•141. IOW 1. )104. 4• •1•01-n. 040 61, .141,3 EKONEFR OF WOK .61.44.2.0410 astrams /CD C.O. 41. SIC 10.44.. PAR 100 CC,* 06 tn. 60-.64,40 PO-Oa-nal 1.01I1 ,OS• ▪ ;C.CNS • I 22 I I j Af•r; . • wn. TYPICAL STREET SECTIOtt 1-110,1AND AVENUE 40044 r 14•404, ABBREV ATIONS: 141/14 :444010 "0 ..1446. On' .44.4 1,, ...! f. ,,,...a 'L...., '6440414 lo , • N .4,, 4- .44 %ye. a • • • (D • - c..) 40 , _444•A•144-- C71 rt......se 10. HIGHLAND HEIGHTS r tr71; trn"Zr..4. ..-n.t. .a.nr, no, TOP. I - - - - - ------ jECT \ — r• . ';'•1 ; A ---- c':.r0‘. 9-9 wrr r sr I, 4,, -- L n7 AD- t 1! 5 5 '1. ^ Y.- •.• Cera. C _ rrIrlrr, 11.14,8, • 001 loo•oe co. oz. .3 .�tN L:SC.APE DE, 1.01'wE NT PLAN HIGHLAND AVENUE .ORI- V. A797., C(:)NSER v TION STATEMENT Cla M�� 'y1N pi .p."*" �.wp�� nY �•n...w.lunar.o+w...+, .• rro j.` vl.o.<ul DRIVE AISLE DETAIL ::A:N1ENANCE R .ESPONS/3aL: `Y �''C�`+d'Y.; .�•� +'mow..' v ...1 RJOT BARRIER NOTE CANDIDATE PJ.N.; VA'. FRAL.I F.CEND *us. 1.•, tiS1!nryr (.cxs:c wxef: W. cre.msuucr•.( aaa�. eWNnps•1lelSl ger 1.II41. woo.. w Mer. I oiar�i • n Ll we e.Pe: nJ.1Gf. •t .I+t Y•t: RE'0E C•.. RE.IS Ie .e:0S., , Pet' EIT: ,M9J. City of National City, California COUNCIL AGENDA STATEMENT 37 MEETING DATE February 19, 2008 AGENDA ITEM NO. ITEM TITLE Time Extension Request — Tentative Subdivision Map and Conditional Use Permit to r Convert Nine Apartments into Condominium Units for Individual Sale at 603-609 East 19th Street (Applicant: San Remos Villas, LLC) (Case File No. 2008-05 T.E.) IVY, PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION In February 2006, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for the conversion of nine existing apartment units to condominiums. The units will be of the same size and have the same floor plan as currently exists. 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 February 7, 2008 unless extended. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. However, a Conditional Use Permit extension may be granted for no more than one year for each extension. The owners are requesting a three year extension of the Tentative Subdivision Map and Conditional Use Permit for the project. They state that they have been unable to proceed with the Final Map process due to funding difficulties caused by the San Diego housing market (see attached letter). Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION k'it% Staff recommends that the expiration date for S-2005-3/CUP-2005-5 be extended by two years to February 7, 2009. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution No. 2006-17 3. Applicant's letter of request 2. Location Map 4. Site Photos A-200 (9/99) RESOLU1 ION NO. 2006 - 1 / RESOLIJ PION OF THE CI I Y COUNCIL OF TI IE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT TO CONVERT 9 APAR I MENTS IN f0 CONDOMINIUM UNITS FOR INDIVIDUAL SALE AT 603-609 EAST 191" STREET. APPLICANT: CONDOCONVERSION.COM CASE FILE NO. S-2005-3ICUP-2005-4 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19'h Street on property generally described as: Lots 5, 6, 7, 8, 9, and 10 in Block 3 of Subdivision by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adiacent ("F" Avenue). WHEREAS, the Planning Commission considered said application at a public hearing held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application, and at public hearings held on December 6, 2005 and January 17, 2006, 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-2005-3/CUP-2005-4, 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 10 be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council that it hereby approves the Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19th Street, based on the following findings: 1. The proposed Tentative Map is consistent with the National City General Plan and applicable specific plans, since the project will create 9 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. Resolution No. 2006 -- 17 February 7, 2006 Page 2 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 the site is fully developed and all existing improvements will remain, and no expansion will take place. 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 the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into 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. 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. 9. 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. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS The proposal is consistent with housing element goals and objectives, since the conversion of the existing units will create 9 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the planned Renovation Program and each unit interior will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 2 Resolution No. 2006 • 17 February 7, 2006 Page 3 That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 9 new homeownership opportunities that should he attractive to first time hornebuyers will allow for mobility in the housing rnarket, and since the increased rate of homeownership may translate into an improved property appearance. BE I1 FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19`h Street, is hereby approved subject to the following conditions 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 603 East 19'h Street, including 9 residential units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, B, C, and D, Case File No. S-2005-03 / CIJP 2005-04, dated June 24, 2005 and September 12, 2005, respectively. 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. All of the recommendations of the Property Condition Assessment shall be implemented prior to release of any unit for sale.. Such improvements include the replacement of the roof, as need, exterior painting of the building, replacement of windows, enhanced landscaping, replacement of balcony railing, repair balcony deck, addition of a barbeque area and bench seating in the common area. The interior improvements include painting the interior of the units, replace flooring, replace or refinish cabinets, replace plumbing fixtures, lighting and other fixtures, provide new kitchen countertops where necessary and install new kitchen appliances. All of the recommendations of the Property Condition Assessment including the eradication of the subterranean and dry wood termites, fungus -dry rot, abate the mildew and mold shall be implemented prior to release of any unit for sale. Resolution No. 200E 17 February T, 2006 Page 4 5. Prior to recordation of (he Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey, subject to review and approval by the City Attorney, to ensure that the improvements for the project site are completed. 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. 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. 8. The gas water heater for unit number 605 shall be replaced. 9_ The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 10. 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. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 13. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 14. 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 Resolution No. 2006 17 February /, 2006 Page 5 the City Departments. 1 he 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 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. 15. 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. 16. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. 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 map plan, checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and rnonumentation. 19. The developer shall bond for the rnonumentalion, 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. 20. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Resolution No. 2006 17 February 7, 200G Page 6 23. Exterior walls of buitdings/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. 24. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit Failure 10 return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions unposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 25. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.rn. 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. 26. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 27. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transrnitted forthwith to the applicant and to the City Council. 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. y Resolution No. 200(i - 17 February 7, 2006 Page 7 PASSED and ADOPTED this 7th day of February, 2006. ATTEST: Mic ael R. Dalla, C. y Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 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. 2006-17 of the City of National City, California, passed and adopted by the Council of said City on February 7, 2006. City CI k of the City National City, California By: Deputy 8 - • - National City Junior High School \ -1\1-702-- ,- PHOJEC1 I °CATION [ N LOCATION MAP Conversion of nine (9) rental units to condominium ownership S-2005-3 / CUP-2005-4 NATIONAL CIT9Y PLANNING DRN. DATE: 10/03/05 INITIAL HEARING: 10/17/04 San Remos Villas LLC P.O. Box 210172 Chula Vista CA 91921 619-846-9911 January 23, 2008 City of National City Planning Department 1243 National City Blvd National City CA 91950 Re: 603-609 East 19th Street National City CA 91950 Case # S-2005-3/CUP-2005-5 Dear Planning Department We hereby request an extension of time for a period of three years for our condornintuin conversion located at the address referenced above. This is primarily due to the slowing of the housing market in San Diego County which has made our project economically unfeasible to pursue at this time. The inability to obtain the proper financing in this marketplace has also hindered our project. We have included our extension fee with this letter. It is our goal to have these projects completed within the next three years. We appreciate your consideration on this matter. Sincerely, Frank Giordano San Rernos Villas LLC 10 Site Photographs: S-2005-3/CUP-2005-4 View of the project site from P Avenue View of the project site from the alley on the east side of the site 11 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 11, 2008 AGENDA ITEM NO. 38 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Concordia Homes/Pacific Scene Homes on February 23, 2008. PREPARED BY Kaseem Baker Phone: (619) 336-4274 DEPARTMENT Community Services EXPLANATION Concordia/Pacific Scene Homes is requesting use of the Martin Luther King, Jr. Community Center on Saturday February 23, 2008 from 10:00am to 1:00pm to hold their home buying seminar. Approximately 100 participants are expected to attend. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 70.35 Custodial: $ 44.00 Total $ 164.35 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review J NIA Financial Statement Approving the request for use will result in fees totaling $164.35 plus $100 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 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 ap t re..: 6ri f a City Facility attend the City Council meeting when the item is scheduled for considera n ori'-rito a ny questions from the City Council '91i/TY ` 9 `4F pcp Martin Luther King Jr. Building Kimball Senior Center 9 F'04. Casa De Salud North Room outh RoErn Entire Facility Facility Requested: please circle Date(s) of Use: 2/7-/ a Day(s) of Use: Time of Use: From: / ' (D/PM To: / AM/0- INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: y)/44' 641/1 Name & Address of Organization/Group: Coh e-Li /, &. /(/ = rot P t' ‘°'yt/( � S.ce e j/` A'f..) L�J T1iL' Iw5I( C7✓-' I Is the event open to the public? /-eS Non-profit organization: yes Tax ID # 73 �' 7' z-o Anticipated Maximum Attendance: Percentage of National City Residents c(7-` " Will Adrnission be charged? A/ Amount $ -- , Will this be a Fund Raising Event? NM Equipment Requested: _ # of chairs /# of banquet tables "'r' odic icrophone NO Stage Use of Kitchen: _ Yes _ram No Use of Gas for Range and Oven: Yes VNo Is the Use of Alcohol Requested? Will other paid services he used (i.e., commercial caterer, DJ, Band, etc)? _ . _ YES V NO Name: Phone: Name: Phone: f low 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 be 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 be 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 FQR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: PRINT NAME: `..) • SIGNATURE: C /MP( 3 c b ADDRESS OF APPLICANT: f 1/ " ,ef Please type or print dearly with a ballpoint pen. Complete application CITY, STATE, and ZIP CODE: nv/vi �./d ,yz (/%Y, c 4 i/5.Ct-' ust ttes ib be fitted and dopayment PHONE: DAY <f01.7.-)11-72 EVENING (If i � 5 y F r s` c EMAIL:7Z<<a !lpro,-Grz7 </!..�.=!1FAXNUMBER: (CO'S% -f72. - CONTACT PERSON ON THE DAY OF THE EVENT: j • ' • C N 4N7 dd c `' l ICME PHONE: CI y) 6 s- ' — 5 Z CELL: (Cs' 5') 3 7 � o, ° Rental Amouid Received: Deposit Amcunt: Check Community Services Staff Only - Receipt Number: Deposit/Key Returned: Key Issued: YES NO 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 sign'the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: �f/T"� Ict, t is/c)meif/ Person in charge of activity: �r R • c HRN i E/Ye C 0. Address: . e12 e" "" iTA l'i . < c : /lc; A /TA/ Telephone: _ ' `� y 72 Z S E-Mail: •i' �v�'!>>"il�'') y ``h' .. 0,1, City Facilities and/or property requested: S=" t' �(Jit46 c E>` 72- Date(s) of use: 54 ;I-/ =/z, 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 darnage, 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. ignature of Applicant Official Time Certificate of insurance Approved by ( '- {" >/' `w} Name and Title Date Safety/ Security Please describe your procedures for crowd control and internal security: SiTe L.c( a TS /(_7 S) G ,/ - tf{ g t-E 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: Organization rnust 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 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 Public Works Community Services Risk Management Police Department Fire Department Building and Safety Engineering Finance Department Planning Department Yes No Specific Conditions of Approval: Date Condition(s) of Approval Initial 7 Martin, Luther King Jr. Building 140 East 12th Street National City, CA 91950 North Room (4,875 square feet) Dancing/Assembly = 350 Dining = 225 South Room (1,625 square feet) Dancing/Assembly = 160 Dining = 75 Entire Room (6,500 square feet) Dancing/ Assembly = 510 Dining == 300 • 15 large round tables (seats 8 people) • 39 8ft tables (seats 8 people) • 6 6ft tables (seats 4 people) • 52 parking spaces • The City DOES NOT PROVIDE silverware, pots, pans, plates or glasses Extra large kitchen; large refrigerator and freezer, three gas ovens, 1 gas range, 1 gas griddle, icemaker and a microwave Kimball Senior Center 1221 D Avenue National City, CA 91950 Dancing = 357 Dining = 166 • 15 round tables (seats 8 people) • 14 long tables (seats 8 people) • 113 blue chairs • 32 orange chairs • 75 folding chairs • 89 Parking Spaces The City DOES NOT PROVIDE silverware, pots, pans, plates or glasses Microphone Kimball Main Hall Facing South 9 Casa De Salud Senior & Recreation Center 1408 Harding Avenue National City, CA 91950 Room limit - 108 • 23 long tables (seats 6 people) • 120 new chairs • 94 orange chairs • 78 blue folding chairs • Street parking only • The City DOES NOT PROVIDE siiverware, pots, pans, plates or glasses • Refrigerator, stove and microwave Microphone Casa de Salud Reception Area 10 L) Casa de Salud Main Hall City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT (METING DATE February 19, 2008 AGENDA ITEM NO. 39 (ITEM TITLE Warrant Register for the period of 01/18/08 through 01/31/08 in the amount of $182,921.09 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 CDC Payroll various $78,919.57 Payroll for PPE 01/15/08 See attached report. Environmental Review V N/A Approved by: Financial Statement Jeanette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $182,921.09 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 01/18/08 THROUGH 01/31/08 A-200 (9/80) Pay. 1iFDLrVELFj$bFF.Ftii+NYFO>a ..f..::�: -� CORPORATE EXPRESS INC KEYSER M.AR.STON ASSOCIATES. INC NATIONAL CrI'Y SENIOR NI ITRmON POWER PLUS SAN DIEGO (iAS & ELECTRIC UNION TRIBUNE ARMANDO VEKC,AR.\ Al FREDO YBARRA 1)1?17IS('IIE BANK DB TRUST" BOYS & GIRLS CLUBS OF ('rrl' WORKS CORPORATE. EXPRESS INC C01'NTY OF SAN DIEGO (,I ('APMI'A' MCKENNA LONG & ALUKIIX,F. NATIONAL. CONSTRUCITON R1 N IA S UVERI.AN1) PACIFIC & CUTLER. INC PACIFIC MUNI('IPAI. CONSULTANTS SAPDIE RABINl AK(:LIrll (TS STEWARD TT1T.E SWF.FTW ATER AUTHORITY AMERICAN PIA\NFNG ASSOCIATION CORPORATE: EXPRESS 1N(' F-S.SE\PIA MANAGEMENT SERVICES INTERNAL. REVFNL'E SERVICE STATE OF CALIFORNIA wr.LLS FARGO .ALFREDO YBARRA FOR SLEETING OF FEB RIiARY 19, 2008 WARRANT REGLSTER FOR PERIOD: 01/18/08. 01/31/08 UeSC ioli ('61c No Amount REDEVEI.OPMENTOFTICE SUPPLIES 11719 $ 220.21 PROFESSIONAL SIiRVICFiS NATI. DISTRIBUTION/PORT JOINT PLANNING EPA BIG ('IIECK EVENT PROFESSIONAL SERVICES - AQUATIC CN IR IfIL.rl1ES 1415 D AVE 11/14 - 12/17/07 ADVERTISEMENT TRAVEL. EXPENSE REIMBURSEMENT HOUSING CONSULTANT 01/01 - 01/15418 ADMIN FEE -FLAT (AL'G 07 - JUL 081 2008 ANNUAL. DINNER PROFESSIONAL SERVICES HARROR DISTRICT DESIGN OFTICE SUPPLIES PERMIT RENEW Al. EQUIP RENTAL. - REDE\TLOPMLNT PROFESSIONAL. SERVICES JOINT POWER A1,T IORfIY ADVICE 1640 E PLAZA BLVD - FENCE KF N'I'AI. PROIE.SSTON AI. SERVICES - COVE AT SD BAY PROFESSION Al. SERVICES - ENTERPRISE ZONE - DE(: 07 PROFESSIONAL SERVICES .AQI'ATIC CENTER ESCROW FEES - PSVHOAIE DEPOT 2400 MOCK OF IIARRISON I I/1101-1/8A18 MEMBERSHIP FEES - RAY PE REDEVELOPMENT U1'1(1-: SUPPLIES PROFESSIONAL SERVICES - WESISIDE NEIGHBORHOOD GRANT- • 11-1 OTR - TERM LIFT INS ADJUSTMENTS SUI FOK'I71E FOURTH QTR 2007 TRAINING AND TRAVEL EXPENSES HOI:SING CONSULTANT 1/16.1/71/08 SUBTOTAL - REDEVELOPMENT 'Stt?MBSpSI'9eSTFVEFCL''RQM.vIAGF1I141' .�' �' F, ��°, r-:..C._�. PAYR01.1- PPE01/15/07 SUBTOTAL.. ADMINLS 1'RAT'IVE REVOLVING FUND CULLIGAN WATER MCGUIRE DISI'RIBITIION MISSION UNIFORM SERVICE SAN(IIFZ. AIKGAS WEST Al Sl'STLNIS W'ESI'. INC. CALIFORNIA BAKING CO. HAMII:ION MEATS & PROVISIONS JOSEPH WEB11 FOODS MCGUIRE DISIR111UT ION MISSION UNIFORM SERVICE O1-1-1UTE SI IPPI .IFS PI US PADRE JANITORIAL SIPPI.IF_S. INC PRO-FDGF KNIFE SAN DIE(:0 OAS & ELECTRIC SIERRA SPRINGS NGRID SLE'ITENGRLN SYSCO SAN DIEGO HOUSING ASSISIANCE PAYMF_NTS EQUIFAX CREDrr INFORMATION SVS STRATACOM I I.S HEALTIIWORKS MEDI(IAI. CRP. XEROX CORPORATION NCNP FOOD/CONSUMABLIS NCNP FUOD/('ONSUMABLFS LINEN SUPPLIES MILEAGE REIMBURSEMENT • DEC 08 103261038/I03100571/103155685 ARMORED TRIICK SVC DEC 07 NCNP E'000/(:ONSI:41 ARLES SCSI' FX)UJCONSUMABLFS NCNP FOOD/CONSUMABLES NCSI' FODU/('ONSI IMABLES LINEN SUPPLIES OF7-ICE SUPPLIES - NUTRITION ('NTR JANII'ORIAI. SUPPLIES SIIARI'ENIN(i SERVICE UTILITIES - 1514 U AVE 12/17/07-01/17/08 NCNP FOOD:CONSUMABLES REI.MBI1 RSFMEN'I - SUPPLIES NCNP FOUD/CONSI;MARI FS SUBTOTAL - SECTION 8 NIANUAI. PAYMENTS CREDIT BACKGROUND CHECK SS WINDOW ENVELOPES MEI)ICAI. EXAM - FLIZONIX)/TERNANDF.% S8 LEASE FOR DEC 2007 SIIRTOTAL - SECTION 8 17721 17724 I'//25 17726 17728 17729 11710 11731 17734 17736 17737 17738 17739 17743 17745 17747 11748 17751 17755 17756 17758 17759 17760 17761 17762 11/63 17764 7.856.28 165.00 195.00 2.081. 86 864.90 87.19 3.000.00 1,200.00 175,00 111,521.76 135.20 235.00 209.48 4.913. 66 142.52 65.00 4.861.02 14.975.29 3,010.IN) 2.283.06 613.00 147.18 5.430.00 13.70 2.022.01 726. 90 3,000.00 $ 69,090.22 7R 919.57 S 78,919.57 17720 $ 139.40 17722 17723 1//27 17732 17733 17735 17740 17741 17742 17744 17/46 17749 17750 17752 17753 17754 17757 10429 10430 10432 10431 1,049.46 195.51 40.74 177.55 1,477.14 949.35 1.978.75 5,974.19 784.25 49.19 42.41 3.866.18 88.00 1.843.20 37.50 379.55 10.467.87 S 29,490.84 4.018 52 89.11 197.66 287.22 807.93 5,420.4E TOTAL OF ALL FUNDS: 182,921.09 apCkHist 02/06/2008 12:30PM Check History Listing COMMUNITY DEVELOPMENT COMMISSION Page: 1 Bank code: wfargo Check # Date Vendor Status ClearNoid Date Invoice 17719 01/24/2008 18078 CORPORATE EXPRESS INC 17720 01/24/2008 00588 CULLIGAN WATER 17721 01/24/2008 00835 KEYSER MARSTON ASSOCIA 17722 01/24/2008 12952 MCGUIRE DISTRIBUTION 17723 01/24/2008 18074 MISSION UNIFORM SERVICE 17724 01/24/2008 12472 NATIONAL CITY SENIOR NUT 17725 01/24/2008 18021 POWER PLUS 17726 01/24/2008 00253 SAN DIEGO GAS & ELECTRIC 17727 01/24/2008 11301 MANUEL SANCHEZ 17728 01/24/2008 00932 UNION TRIBUNE 17729 01/24/2008 14735 ARMANDO VERGARA 17730 01/24/2008 18308 ALFREDO C. YBARRA 17731 01/29/2008 18052 DEUTSCHE BANK DB TRUST 17732 01/30/2008 00256 AIRGAS - WEST 17733 01/30/2008 14530 AT SYSTEMS WEST, INC. 17734 01/30/2008 00322 BOYS & GIRLS CLUBS OF 17735 01/30/2008 18102 CALIFORNIA BAKING CO. 83819853 18246462 0017130 45160B 45547B 45325E 18084992 18085817 18086653 18084155 NU-2007-1210 201755P1307 6017/12182007 2566/12182007 DEC08 C071201579 01162008 3 O1GK7G 103123405/103237547 103183197 186-505407 187-797308 641 174923 Inv. Date Amount Paid 12/17/2007 220.21 12/25/2007 139.40 01/08/2008 7,856.28 12/21/2007 389.76 01/04/2008 356.55 12/28/2007 303.15 12/26/2007 49.79 01/02/2008 49.79 01/09/2008 49.79 12/19/2007 46.14 12/10/2007 165.00 12/31/2007 195.00 12/18/2007 1,614.69 12/18/2007 467.17 12/03/2007 40.74 12/31/2007 864.90 01/16/2008 87.19 01/16/2008 3,000.00 12/03/2007 1,200.00 12/31/2007 105.34 12/31/2007 22.21 12/01/2007 738.57 01/01/2008 738.57 01/15/2008 175.00 12/18/2007 126.45 Check Total 220.21 139.40 7,856.28 1,049.46 195.51 165.00 195.00 2,081.86 40.74 864.90 87.19 3,000.00 1,200.00 127.55 1,477.14 175.00 Page: 1 apCkHist Check History Listing Page: 2 02/06/2008 12:30PM COMMUNITY DEVELOPMENT COMMISSION Bank code: wfargo Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 890680 01/03/2008 92.50 174942 12/20/2007 90.00 418008 01/16/2008 80.30 174909 12/17/2007 77.20 418146 01/15/2008 76.00 303479 01/08/2008 63.00 174936 12/19/2007 59.50 303489 01/09/2008 54.00 303468 01/07/2008 54.00 303500 01/10/2008 54.00 418136 01/14/2008 54.00 418014 01/17/2008 54.00 890681 01/03/2008 14.40 949.35 17736 01/30/2008 11472 CITYWORKS 001 11/05/2007 7,834.30 002 01/11/2008 2,687.46 10,521.76 17737 01/30/2008 18078 CORPORATE EXPRESS INC 82951051 11/08/2007 75.45 84277046 01/09/2008 59.75 135.20 17738 01/30/2008 06994 COUNTY OF SAN DIEGO FA06-313066 12/31/2007 235.00 235.00 17739 01/30/2008 12424 GE CAPITAL 66757986 01/09/2008 209.48 209.48 17740 01/30/2008 18287 HAMILTON MEATS & PROVISI 105883 01/10/2008 940.58 106457 01/17/2008 773.70 103892 12/19/2007 225.42 103806 12/18/2007 39.05 1,978.75 17741 01/30/2008 00085 JOSEPH WEBB FOODS 44627516 01/08/2008 2,607.27 44621654 12/28/2007 1,791.54 44631902 01/15/2008 1,459.88 44617841 12/21/2007 224.49 CM44597351 11/20/2007 -21.80 CM44574637 10/16/2007 -27.79 0786905PU 01/05/2008 -59.40 5,974.19 17742 01/30/2008 12952 MCGUIRE DISTRIBUTION 46033E 01/18/2008 394.85 45796B 01/11/2008 389.40 784.25 Page: 2 apCkHist Check History Listing Page: 4 02/06/2008 12:30PM COMMUNITY DEVELOPMENT COMMISSION Bank code: wfargo Check # Date Vendor 17754 01/30/2008 12433 INGRID SLETTENGREN 17755 01/30/2008 10422 STEWART TITLE 17756 01/30/2008 00622 SWEETWATER AUTHORITY 17757 01/30/2008 00058 SYSCO SAN DIEGO 17758 01/31/2008 18243 AMERICAN PLANNING ASSOC Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 01102008 01/10/2008 379.55 379.55 029601 10/23/2007 500.00 030315 10/26/2007 500.00 029662 10/23/2007 500.00 028608 10/23/2007 500.00 029594 10/23/2007 500.00 029603 10/23/2007 500.00 3,000.00 14516500/110707 01/30/2008 1,697.75 14406401/110707 01/30/2008 416.01 12557602/110707 01/30/2008 106.00 15131802/110807 01/30/2008 31.65 16942203/110807 01/30/2008 31.65 2,283.06 712260854 12/26/2007 2,318.25 801160819 01/16/2008 2,160.43 801020996 01/02/2008 1,901.87 801090876 01/09/2008 1,862.43 712260852 12/26/2007 1,363.52 712260853 12/26/2007 418.60 712209064 12/20/2007 372.43 801081463 01/08/2008 70.34 10,467.87 106904-071202 01/31/2008 613.00 613.00 17759 01/31/2008 18078 CORPORATE EXPRESS INC 84391401 01/14/2008 140.94 84391402 01/14/2008 6.24 147.18 17760 01/31/2008 18157 ESSENTIA MANAGEMENT SE 2320 12/31/2007 5,430.00 5,430.00 17761 01/31/2008 18280 INTERNAL REVENUE SERVIC 4QTR07 01/31/2008 13.70 13.70 17762 01/31/2008 00711 STATE OF CALIFORNIA FOURTH2007 01/31/2008 2,022.01 2,022.01 17763 01/31/2008 18264 WELLS FARGO 9695/01032008 01/03/2008 726.90 726.90 17764 01/31/2008 18308 ALFREDO C. YBARRA 4 01/31/2008 3,000.00 3,000.00 Page: 4 apCkHist Check History Listing Page: 3 02/06/2008 12:30PM COMMUNITY DEVELOPMENT COMMISSION Bank code: wfargo Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 17743 01/30/2008 18222 MCKENNA LONG & ALDRIDGE 567416 11/14/2007 4,913.66 4,913.66 17744 01/30/2008 18074 MISSION UNIFORM SERVICE 18087479 01/16/2008 49.79 49.79 17745 01/30/2008 09606 NATIONAL CONSTRUCTION F RI-2133777 01/14/2008 142.52 142.52 17746 01/30/2008 00157 KITAGAWA HOME & OFFICE ; 34020 12/28/2007 42.41 42.41 17747 01/30/2008 14447 OVERLAND PACIFIC & CUTLE 0712066 01/10/2008 65.00 65.00 17748 01/30/2008 18249 PACIFIC MUNICIPAL CONSUL 24579 01/09/2008 4,861.02 4,861.02 17749 01/30/2008 12122 PADRE JANITORIAL SUPPLIE 270536 12/21/2007 958.01 270294 12/14/2007 678.21 271001 01/11/2008 520.68 270634 12/28/2007 465.59 270800 01/04/2008 442.48 270444 12/18/2007 313.30 270749 01/03/2008 129.11 270503 12/20/2007 104.43 270634-1 01/11/2008 104.43 270616 12/27/2007 87.60 270536-1 12/28/2007 33.41 270800-1 01/15/2008 22.27 270269 12/13/2007 6.66 3,866.18 17750 01/30/2008 18176 PRO -EDGE KNIFE 89714 01/08/2008 44.00 88455 12/25/2007 44.00 88.00 17751 01/30/2008 18140 SAFDIE RABINES ARCHITEC1 0504-17 01/14/2008 14,925.29 14,925.29 17752 01/30/2008 00253 SAN DIEGO GAS & ELECTRIC 15406366017/011808 01/18/2008 1,431.68 94156292566/011808 01/18/2008 284.11 15414377550/011808 01/18/2008 68.98 71660141216/011808 01/18/2008 30.83 17201744083/011808 01/18/2008 18.50 38310508425/011808 01/30/2008 9.10 1,843.20 17753 01/30/2008 10511 SIERRA SPRINGS 4324265/DEC07 12/21/2007 37.50 37.50 Page: 3 apCkHist Check History Listing Page: 5 02/06/2008 12:30PM COMMUNITY DEVELOPMENT COMMISSION Bank code: wfargo Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total wfargo Total: 98,581.06 Page: 5 apCkHist Check History Listing Page: 6 02/06/2008 12:30PM COMMUNITY DEVELOPMENT COMMISSION Bank code: wfsec8 Check # Date 10429 01/24/2008 10430 01/24/2008 10431 01/24/2008 10432 01/30/2008 Vendor 00733 EQUIFAX CREDIT INFORMAT 18266 STRATACOM 17784 XEROX CORPORATION 18156 U. S. HEALTHWORKS MEDIC' 50 checks in this report Status ClearNoid Date Invoice 3229342 1071363 030081417 100063622/100063700 Inv. Date Amount Paid 01/08/2008 12/31/2007 01/02/2008 08/16/2007 89.13 197.66 807.93 287.22 wfsec8 Total: Total Checks: Check Total 89.13 197.66 807.93 287.22 1,381.94 99,963.00 Page: 6 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE February 19, 2008 AGENDA ITEM NO. 40 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING COUNCIL POLICY NO 203 PERTAINING TO THE CITY OF NATIONAL CITY INVESTMENT POLICY PREPARED B' Jeanette Ladrido, CP Finance Director EXPLANATION DEPARTMENT Finance X4331 Since the Community Development Commission is under the direction of the City Manager, the CDC and the City of National City shall adopt the same investment policy as identified in Council Policy No. 203. This policy identifies as both the Community Development Commission and the City of National City as the "City". Attached is the City Council Policy Number 203 with the revisions to the policy typed in italics and the deletions lined out. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Staff recommends adopting the City of National City's Council Policy No 203 pertaining to the Investment Policy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Investment Policy 3. Investment Policy with additions and deletions Resolution No. A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY BE IT RESOLVED by the Community Development Commission of the City of National City that City Council Policy No. 203, entitled "Investments" is adopted as amended on February 19, 2008, as recommended by the Finance Director. PASSED and ADOPTED this 19th day of February 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Executive Director APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 1 Scope This policy applies to all the financial assets accounted for in the City of National City and the Community Development Commission of National City (hereafter referred to collectively as the "City"), Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Purpose The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the City's Invest- ment Policy and the authority governing investments for municipal govemments as set forth in the California Government Code, Sections 53601 through 53659. The in- vestment of bond proceeds are restricted by the provisions of relevant bond docu- ments. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment return with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes governing the invest- ment of idle funds. CITY OF NATIONAL CITY ATTACIIMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the invest- ment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL CITY ATTACIINIENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of Toss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell .securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment retum. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY ATTACILMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 4 Retum on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of retum throughout budgetary and economic cycles, taking" into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of retum. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Govemment Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Govemment Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CITY OF NATIONAL CITY A'ITACHMENT 2 CITY COUNCIL POLICY TITL E: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City or the Commu- nity Development Commission of the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govem- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes (see Figure 1 on page 16) 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of: (a) US Agency Bonds are notes and bonds of Federal Agencies, Govemment Spon- sored Enterprises and international institutions. Agencies are not the direct obliga- tion of the treasury but involve federal sponsorship or guarantees. (b) U.S. Treasury Obligations which are notes, bonds, bills or certificates of indebted- ness issued by the U.S. Treasury and are direct obligations of the Federal Gov- emment. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 7 and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. MEDIUM -TERM NOTES are defined in Govemment Code Section 53601 as all cor- porate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdi- vision shall be rated "A" or better by nationally recognized rating service. Purchases of medium -term notes shall not include other instruments authorized by section 53601 and may not exceed 10% of the portfolio value. NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and eam either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new investments. Certain exceptions can be made upon the discretion of the Finance Director. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or AA, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateral- ized. Collateralized investment issue is limited to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Service (CDARS). CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placement service". The CDs are in increments of Tess than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. No more than 30% of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 8 COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San Diego Treasury which allows the County Treasurer -Tax Collector to invest local funds through a pooled concept. LOCAL AGENCY INVESTMENT FUND (LAIFZ is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity. INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Government Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Govemment Code; and no leverage is permitted in any of the accounts. The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the govemment codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. C1TY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 9 Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in Califomia Govemment Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody All investments of the City shall have the City of National City or the Community De- velopment Commission of the City of National City as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Account Registry Service (CDARS), and the Local Agency Investment Fund pool, no invest- ment may be made that would, as of the date a particular investment is being consid- ered, result in having more than 15% of the City's total investment portfolio being in- vested in a single security type or with a single financial institution. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. CITY OF NATIONAL CITY ATTACIIMENT' 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 10 Performance Standards The investment portfolio will be designed to obtain a market average rate of retum during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. CITY (lF NA'I'I(1NAI . CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 11 Reporting The Finance Director shall render a quarterly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY ATTACIIMEN'I' 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 12 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution .No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 13 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage— Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance —A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds —The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization—Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper —An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds —The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon -The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate —The annual yield eamed on an investment, expressed as a percentage. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 14 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for govemmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Govemment. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Medium -Term Notes — Instruments issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the united States. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 15 Sallie Mae — Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Govemment issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- emment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL CITY ATTACHMENT 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 FIGURE 1 Allowable Investment Instruments Per State Government Code 53601 Applicable to All Local Agencies Investment Type U.S. Treasury Obligations State of California Obligations CA Local Agency Obligations US Agencies Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium -Term Notes Mutual Funds Money Market Funds Collateralized Bank Deposits Mortgage Pass -Through Securities Time Deposits Pooled Investment Funds Maximum Maturity 5 years 5 years 5 years 5 years 270 days 180 days 5 years 1 year 92 days 5 years N/A N/A 5 years 5 years 5 years N/A Maximum % of Portfolio None None None None 40% 15% or 30% 30% None 20% of base 30% 20% 20% None 20% None None 16 Quality Requirements None None None None Fed Reserve Eligible Al/P1 rating None None None A rating Multiple Multiple None AA rating None None *See "permissible Investments as allowed in Govemment Codes" on page 6 for notes related to this figure. CITY OF NATIONAL, CITY ADDITIONS AND DELETIONS ATTACIIMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 1 Scope This policy applies to all the financial assets accounted for in the City of National City and the Community Development Commission of National City (hereafter referred to collectively as the "City'), Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Purpose The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash resources and to provide broad guidelines to the officer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the City's Invest- ment Policy and the authority goveming investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The in- vestment of bond proceeds are restricted by the provisions of relevant bond docu- ments. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment return with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes governing the invest- ment of idle funds. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISEI) Feb 19, 2008 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the invest- ment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of Toss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment return. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITI,E: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of retum throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment retums above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 ;01 itow CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City or the Commu- nity Development Commission of the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes (see Figure 1 on page 16) 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of: (a) US Agency Bonds are notes and bonds of Federal Agencies, Govemment Spon- sored Enterprises and International institutions. Agencies are not the direct obliga- tion of the treasury but involve federal sponsorship or guarantees. (b) U.S. Treasury Obligations which are notes, bonds, bills or certificates of indebted- ness issued by the U.S. Treasury and are direct obligations of the Federal Gov , CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 401 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 7 BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. MEDIUM -TERM NOTES are defined in Government Code Section 53601 as all cor- porate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdi- vision shall be rated "A" or better by nationally recognized rating service. Purchases of medium -term notes shall not include other instruments authorized by section 53601 and may not exceed 10% of the portfolio value. NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and eam either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new investments. Certain exceptions can be made upon the discretion of the Finance Director. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or AA, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateral- ized. Collateralized investment issue is limited to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Service (CDARS). CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER ' 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 8 CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placement service". The CDs are in increments of Tess than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. No more than 30% of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San Diego Treasury which allows the County Treasurer -Tax Collector to invest local funds through a pooled concept. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity. INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Government Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Govemment Code; and no leverage is permitted in any of the accounts. The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the govemment codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. CITY OF NATIONAL.. CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 9 Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody All investments of the City shall have the City of National City or the Community De- velopment Commission of the City of National City as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Account Registry Service (CDARS), and the Local Agency Investment Fund pool, no invest- ment may be made that would, as of the date a particular investment is being consid- ered, result in having more than 15% of the City's total investment portfolio being in- vested in a single security type or with a single financial institution. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. C1'I'Y OF NATIONAL CITY ADDITIONS ANI) DELETIONS CITY COUNCIL POLICY ATTACHMENT 3 TITLE: Investments POLICY NUMBER 203 ADOPTEI ): October 23, 1990 REVISED Feb 19, 2008 10 Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 11 Reporting The Finance Director shall render a quarterly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 12 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 13 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage- Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance —A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds —The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization—Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper —An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds —The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon —The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate —The annual yield earned on an investment, expressed as a percentage. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACIIMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOP"1'E1): October 23, 1990 REVISED Feb 19, 2008 14 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for govemmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Medium -Term Notes — Instruments issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the united States. CITY OF NATIONAL CITY ADDITIONS AND DELETIONS ATTACHMENT 3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 15 Sallie Mae — Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- emment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL. CITY Nevi ADDITIONS AND DELETIONS CITY COUNCIL POLICY ATTACHMENT 3 TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 FIGURE 1 Allowable Investment Instruments Per State Government Code Applicable to All Local Agencies Investment Type U.S. Treasury Obligations State of California Obligations CA Local Agency Obligations US Agencies Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium -Term Notes Mutual Funds Money Market Funds Collateralized Bank Deposits Mortgage Pass -Through Securities Time Deposits Pooled Investment Funds N/A Maximum Maximum % Quality Maturity of Portfolio Requirements 5 years 5 years 5 years 5 years 270 days 180 days 5 years 1 year 92 days 5 years N/A N/A 5 years 5 years 5 years None None None None None 40% 15% or 30% 30% None 20% of base 30% 20% 20% None 20% None None 16 None None None None Fed Reserve Eligible Al/P1 rating None None None A rating Multiple Multiple None AA rating None *See `permissible Investments as allowed in Government Codes" on page 6 for notes related to this figure. CITY OF NATIONAL CITY City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 19, 7008 41 AGENDA ITEM NO. /T�EM TITLE Resolution authorizing the ('hairman to execute an Agreement with Buxton Community 1D / for $50,000, with Marina Gateway Development Company to pay $25,000 of the cost, to provide retail matching and marketing services for the City's retail attraction and retention program. PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293) Economic Development Division Community Development Coordinator Strategic Action Plan 9a EXPLANATION On May 1, 2007, City Council adopted the City's 5-Year Strategic Plan. Action Plan 9a of the Strategic Plan sets out to "Develop (a) Business Attraction and Retention Program." The City's business attraction and retention efforts include attracting three quality restaurants to the Marina Gateway Area. The City currently lacks a comprehensive marketing strategy to attract revenue -generating retailers to the City. Staff recommends that the Community Development Commission of National City obtain the services of Buxton Community ID to provide a comprehensive marketing strategy for the City's business attraction program. The City and Marina Gateway Development Company arc working together to recruit 3 restaurants to Marina Gateway. Marina Gateway Development Company has agreed to pay $25,000 toward the cost of the proposed $50,000 contract with Buxton. Based on HI)L projections, the 3 restaurants can generate an estimated $72,000 to $1 17,000 in new annual sales tax to the city. l Environmental Review N/A Financial Statement The cost of the services under the contract is $50,000. Marina Gateway Development Company has agreed to fund 50% of the costs, not to exceed $25,000. Staff is requesting authority to use funds from the Business Attraction & Retention Program (Account number 900747) to pay for CDC's $25,000 proposed commitment. STAFF RECOMMENDATION Adopt the resolution. ATTACHMENTS 1. Staff Report 4. Resolution 2. Agreement 5. MOU 3. Buxton Letter of Recommendation Resolution No. A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BUXTON COMMUNITY ID IN THE AMOUNT OF $50,000, TO PROVIDE RETAIL MATCHING AND MARKETING SERVICES FOR THE CITY'S RETAIL ATTRACTION AND RETENTION PROGRAM, AND A MEMORANDUM OF UNDERSTANDING WITH MARINA GATEWAY DEVELOPMENT COMPANY TO PAY THE NOT TO EXCEED AMOUNT OF $25,000 OF THE COST OF THE AGREEMENT WHEREAS, on May 1, 2007, City Council adopted the City's 5-Year Strategic Plan and Action Plan 9a of the Strategic Plan, which includes a plan to "Develop [a] Business Attraction and Retention Program;" and WHEREAS, the City's business attraction and retention efforts include attracting three quality restaurants to the Marina Gateway area to create new sales tax revenue for the City; and WHEREAS, the City and Marina Gateway Development Company are working together to attract three restaurants to the Marina Gateway area; and WHEREAS, the City currently lacks a comprehensive marketing strategy to attract revenue -generating retailers to the City; and WHEREAS, the Community Development Commission of National City desires to obtain the services of Buxton Community ID to provide a comprehensive marketing strategy for the City's business attraction program, focusing on the Marina Gateway site; and WHEREAS, Marina Gateway Development Company has agreed to pay $25,000 to the City toward the cost of the $50,000 agreement with Buxton Community ID to 1) define the selected site's retail trade area (using drive -time analysis), 2) analyze the selected site's retail potential and site determination criteria (including psychographic analysis of households), 3) identify retail matches for the selected site, 4) publish the retail marketing packages for each targeted retailer, and 5) assist with setting appointments between targeted retail matches and the City; and WHEREAS, based on Hinderliter, Dellamas and Associates (HDL) projections, the three proposed restaurants at Marina Gateway may generate an estimated $72,000 to $117,000 in new annual sales tax to the City; and NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Buxton Community ID in the amount of $50,000 to provide retail matching and marketing services for the City's business attraction and retention program, focusing on the Marina Gateway site. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Memorandum of Understanding with Marina Gateway Development Company to pay the CDC the not to exceed amount of $25,000 (50%) of the cost of the Agreement with Buxton Community ID. -- Signature Page to Follow -- Resolution No. 2008 — February 12, 2008 Page 2 PASSED and ADOPTED this 19th day of February 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Executive Director APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND BUXTON COMMUNITY ID THIS AGREEMENT is entered into this 19TH day of February 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and Buxton Community ID (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide a comprehensive marketing strategy to recruit 3 restaurants to the Marina Gateway Area; and WHEREAS, the CDC has determined that the CONSULTANT is a retail marketing company and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT Table of Contents Prologue 1 National City Fire Statistics 2 Notable Incidents 4 Personnel Matters: Promotions 5 Community Activities 5 New Breathing Apparatus Equipment 7 Fire Prevention Activities 8 i Prologue Citizens, Mayor and Council Members of the City of National City: This report contains a summary of the events that have taken place from September 1 through December 31, 2007. Included you will find emergency response statistics, highlights of notable incidents, fire prevention inspections and plan review statistics, Juvenile Fire Setter information and other noteworthy information. If you have any questions please call the National City Fire Department Administration office at (619) 336-4550. 1 From 09/01/07 to12131107 for FD ID 37110 National City Fire Statistics Report Fires in Structures by FPU Number of Civilian Civilian Property Incidents Injuries Deaths Damage Private Dwelling 7 1 0 59,150 Apartments 7 0 0 69,000 Hotels & Motels 0 0 0 0 Other Residential 1 0 0 24,000 TOTAL RESIDENTIAL 15 1 0 128,150 Public Assembly 1 0 0 1,000 Educational 0 0 0 0 Health Care, Detention, Corrections 0 0 0 0 Stores and Offices 3 0 0 2,000 Industry, Utility, Defense, Labs 0 0 0 0 Storage in Structures 0 0 0 0 Outside or Special Property 8 0 0 10,000 TOTAL STRUCTURE 12 0 0 3,000 GRAND TOTAL BY PROPERTY USE 27 1 0 131,150 Fires in Structures by Incident Number of Civilian Civilian Property Type Incidents Injuries Deaths Damage Fires in Highway Vehicles 6 0 1 10,000 Fires in Other Vehicles 1 0 0 600 Fires Outside of Structures 1 0 0 0 Fires in Brush, Grass, Wildlands 1 0 0 0 Rubbish Fires 7 0 0 200 All Other Fires 11 0 0 12,000 TOTAL of FIRES 27 0 1 22,800 2 Incident Type Rescue, Emergency Medical Calls False Alarms/False Calls Mutual Aid Hazardous Materials Responses Other Hazardous Responses All Other Incidents L TOTAL of INCIDENTS Suspicious Fires Number of Civilian Civilian Property Incidents Injuries Deaths Damage 1,373 0 0 0 88 0 0 0 66 1 0 110,750 9 0 0 0 5 0 0 0 177 0 0 60,000 1 0 170,750 1,718 4 0 0 400 3 The National City Fire Department responded to 1,718 emergency calls from September 1 through December 31, 2007. The Fire Department averaged 14+ calls per day. The following is a summary of a few noteworthy incidents, activities, and events: 09-22-07 Paramedic Assessment Engine 34 responded to an elderly choking victim at a care facility in National City. The victim was unconscious due to a piece of a sandwich stuck in her throat. Firefighter/Paramedic Scott Robinson was able to remove the obstruction using forceps. The crew continued CPR and the patient were transported by ALS. At last word, the patient was recovering in the ICU. 10-16-07 Paramedic assessment Engine 34 responded to a reported childbirth. Upon arrival, the baby had already been delivered and was being held by the mother. Paramedics assessed the baby and cut the umbilical cord. Both mother and baby were transported to the hospital where they were doing fine at last report. 10-21-07 During the initial phases of the 2007 fire storms, Engine 34 responded on a strike team assignment to the "Witch Fire". During the first phase of the incident, Engine 34 was dispatched to a number of assignments protecting structures in the North County. The overwhelming fire storm required Firefighters to work a 33 hour period without a break. Following a much needed rest, Engine 34 was placed into the rotation of fire resources and deployed on 12-hour firefighting shifts. During Engine 34's seven day assignment they saved many homes. Residents in the area have expressed their sincere appreciation for Engine 34's contributions. 10-22-07 The "Harris Fire" prompted the dispatch of Engine 31 as a part of a strike team responsible for protecting structures in the East and South County of San Diego. Firefighters were assigned a number of functions during the seven day period they spent on the fire lines. Many homes and businesses were saved as a result of their professionalism, dedication, commitment and resilience. 11-07-07 Paramedic assessment Engine 34 responded to a shooting victim at 200 Highland Avenue. Upon arrival, a male victim was found inside a thrift store with a gunshot to his neck. NCPD was on scene and Officer Coleen Stanich was attempting to slow the bleeding from the victim's jugular artery. Fire and paramedics crews worked to stabilize the victim. He was transported to the trauma center and is now at home recovering from the harrowing event. NC Police Officer Stanich was nominated for an award to acknowledge her quick and appropriate actions. She received the National City American Legion "Heroism Award". 11-17-07 National City Firefighters responded to a report of a structure fire in the 200 block of Highland Avenue. On arrival they found rubbish and wood pallets were burning outside the building. The fire breached the wall and extended 4 inside the office building. The quick actions of Firefighters prevented the fire from causing extensive damage to the business. 11-30-07 Paramedic assessment Engine 31 responded to a heart attack victim. Engine 31 crew under the guidance of Firefighter/Paramedic Jeremy Day was able to intubate the victim and generate a pulse. The patient was subsequently transported to the hospital. This emergency incident clearly demonstrates one of the life saving benefits of the NCFD Paramedic assessment engine program. 12-12-07 Engines 31 and 34, Truck 34 and B-57 responded to a report of a victim trapped in a vehicle on 1-805 and Palm Avenue. Upon arrival, Firefighters found one victim in critical condition as his vehicle had rolled over and pinned his arm under the driver's door. Firefighters worked for 30 minutes to extricate the victim, who also had severe head injuries. Mercy Air landed on the freeway and transported the victim to the trauma center. 12-20-07 In the early morning hours, National City units responded to a reported structure fire in a condo on Via Las Palmas. Units on scene found a kitchen fully involved in fire. Fortunately, the family of three escaped the fire due to early detection from a smoke detector. The Red Cross relocated the family. National City Firefighters donated funds to help salvage the family's holidays. 5 12-29-07 National City units responded to a fully loaded car carrier that drove off the end of the 24th Street Pier in National City. The driver was able to escape on his own from the cab of the truck. National City units stayed on scene for over 9 hours to ensure all environmental clean up and concerns were handled. Personnel Matters: Promotions: 12-25-06 Captain Kevin Killacky promoted to Battalion Chief. 12-25-07 Engineer Sergio Mora promoted to Captain. 12-25-07 Firefighter Thomas Butts promoted to Engineer. Community Activities: 09-11-07 The National City Firefighters Local 2744, in conjunction with the Fire Department, held its annual 9/11 Remembrance Breakfast and Ceremony. Started in 2002, this yearly event has grown from a local sponsored breakfast to a memorial ceremony, which includes the National City color guard and a flag raise. The guest speaker for the third year was retired New York Firefighter Brennan Savage. 10-07-07 Firefighters Mike Shoemaker and Firefighter/Paramedic Chris Tieman competed in the Westem States Fire and Police Games in Arizona. Mike and Chris bought home gold medals in mountain biking. 10-16-07 Artist Richard Becker unveiled his bronze sculpture at Fire Station 34 at a neighborhood celebration. 6 11-05-07 National City Firefighters participated in the annual charity bicycle assembly event. For 37 years National City resident Frank King has sponsored a bicycle give away program for the children of National City. This event attracts children from all areas of San Diego County. Although there were not many bicycles to assemble, National City Firefighters were ready and available to lend a hand. New Breathing Apparatus Equipment: 11-01-07 NCFD placed new self contained breathing apparatus (SCBA) into service. The state of the art SCBA's were purchased with grant funds. The new SCBA's meet the National Fire Protection Association standards and will enhance Firefighter safety. The new equipment features heads -up displays, quick fill valves and buddy breathing mechanisms to mention a few. The new SCBA's are essential tools that will help to enhance fire extinguishment and rescue operations; thereby affording the citizens of National City highly efficient and safe emergency services. 7 Fire Prevention Activities: Activity Oct 2007 Nov 2007 Dec 2007 Total TUP's Processed 1 0 0 1 Annual Business Inspections 94 81 30 205 Technical Inspections 34 65 50 149 State Fire Inspections 2 0 0 2 Fire Investigations 0 1 0 1 Juvenile Set Fires 1 0 0 1 Juvenile Fire Setters Counseled 1 4 0 5 Plan Reviews 21 20 13 54 Plan Review Square Footage 811,027 812,387 471,256 2,094,670 Permits Issued 18 11 11 40 Public Education Presentations 0 0 3 3 Public Education Citizen Contacts 0 0 255 255 8 agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 40%, or $20,000 from the base amount ($50,000). The CONSULTANT agrees to provide future retail matching and marketing services for $20,000 for an additional 2 sites and 1) define the selected sites' retail trade area, 2) analyze the selected sites' retail potential and site determination criteria, 3) identify (10) retail matches for the selected sites, 4) publish 2 retail marketing packages for each targeted retailer, and 5) assist with setting appointments between targeted retail matches and the City; at a later date. 3. PROJECT COORDINATION AND SUPERVISION. Jacqueline Reynoso is hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Lisa Davis thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" ($50,000) without prior written authorization from theExecutive Director of the CDC. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (5) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC, and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, 2 plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees or subcontractors as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subcontractor(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT, or any of the CONTRACTOR's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONSULTANT 's obligations to the CDC are solely such as are prescribed by this Agreement. 3 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance, or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or 4 medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable 5 attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: (l A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of 6 this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, Califomia, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. 7 E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Lisa Hill Territory Business Manager Community ID Division Buxton 2651 S. Polaris Drive Forth Worth TX 76137 Phone (817) 332-3681 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 8 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 9 G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION BUXTON COMMUNITY ID OF THE CITY OF NATIONAL CITY (Two signatures required for corporations) By: By: Ron Morrison, Chairman David Glover Chief Financial Officer APPROVED AS TO FORM: By: George H. Eiser, III (Name) CDC Legal Counsel (Title) 10 MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR ALLOCATING RESPONSIBILITY TO PAY FOR THE BUXTON COMMUNITY ID CONTRACT FOR $50,000 AND FOR EXTENDING CDC'S EXCLUSIVE NEGOTIATING AGREEMENT WITH MARINA GATEWAY DEVELOPMENT COMPANY, LLC RECITALS This Memorandum of Understanding (hereafter referred to as "MOU") is entered into by the Community Development Commission of National City,.a public body, corporate, and politic (hereafter referred to as the "CDC"), and Marina Gateway Development Company, LLC, a California limited liability corporation (hereafter referred to as "Developer"), for the purpose of designating the agencies responsible for payment of the Buxton Community 1D marketing contract for $50,000 and for extending CDC's Exclusive Negotiating Agreement with the Developer. WHEREAS, On May 1, 2007, City Council adopted the City's 5-Year Strategic Plan and Action Plan 9a of the Strategic Plan sets out to "Develop (a) Business Attraction and Retention Program;" and WHEREAS, the Economic Development Division has budgeted funds for a Business Attraction and Retention Program for fiscal year 2007-08 (Project Account Number 900747); and WHEREAS, the City's business attraction and retention efforts include attracting three quality restaurants to the Marina Gateway Area; and WHEREAS, the City and the DEVELOPER are working together to recruit 3 restaurants to Marina Gateway; and WHEREAS, attracting and retaining businesses requires that the City and the DEVELOPER build a compelling case to meet the retailer's site selection criteria; and WIIERI AS, CDC desires to enter into a contract with Buxton Community ID to provide a comprehensive marketing strategy for the City's business attraction program, and focus on the Marina Gateway site under Buxton's $50,000 proposal (see Exhibit A); and WHEREAS, the Developer will pay $25,000 toward the cost of CDC's proposed $50,000 contract with Buxton Community ID; and WHEREAS, on June 19, 2007, the CDC entered into an EXCLUSIVE NEGOTIATING AGREEMENT with the DEVELOPER (see Exhibit B); and Pagc 1 of 3 WHEREAS, the CDC agrees to extend the FIRST NEGOTIATION PERIOD under the EXCLUSIVE NEGOTIATING AGREEMENT for Assessor Parcel Number 559-1 18-02 and thc adjacent property roughly described as running from the southeast corner of the APN parcel, along the western edge of the Caltrans right of way, to the intersection of the projection of the centerline of McKinley Avenue; and then, along the centerline projection, to the projection of the northern boundary of the Site; and then, along the northern boundary projection, to the northeast corner of the Site and (ii) Assessor Parcel Numbers 559-117-04, 05, 06, 07, 12, 16, 17 in National City (ENA for Sites A & B) with the DEVELOPER for 12 months to March 19, 2009; and WHEREAS, the CDC recognizes the DEVELOPER's investment and effort on the Marina Gateway Hotel Site, and that such investment increased the value of Sites A&B, thc subjects of the ENA mentioned above, and that DEVELOPER accepted great risk in such a project; and WHEREAS, in light of the foregoing recital, if the CDC and the Developer proceed to a DDA with Sites A and B, when the CDC determines the consideration to be paid by the Developer under the DDA, the Developer's risk and effort to create Marina Gateway may properly be considered by the CDC. NOW THEREFORE, in consideration of the above recitals and mutual covenants and conditions set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the following: 1. The Recitals set forth above are true and correct, and fully incorporated and agreed to herein. 2. Any portion of the Buxton Community ID contract with the CDC that the DEVELOPER is financially responsible for under the terms of this MOU, shall be paid as follows: (a) The DEVELOPER will pay 50% of CDC's $50,000 contract with Buxton Community ID, at a not to exceed amount of $25,000; and (b) The DEVELOPER will place $25,000 on receipt with the CDC into the Business Attraction and Retention Program project account, to be drawn down to pay for the invoices submitted by Buxton Community ID; and Upon receipt of an invoice from Buxton Community ID, CDC shall promptly fax a copy of the invoice to the DEVELOPER; and 4. Upon payment to Buxton Community ID, CDC shall promptly fax a copy of the payment stub to the DEVELOPER. Page 2 of 3 5. CDC and the DEVELOPER acknowledge and agree this MOU, as well as any payments hereunder, may be subject to approval by their City Council or otherwise governing bodies. 6. This MOIJ fully expresses the final and complete understanding of the CDC and the DEVELOPER concerning the matters covered therein. No change, alteration, or modification of the terms or conditions of this MOU, and no verbal understanding, shall be valid unless made in writing and signed by each parties' duly authorized representatives. All prior negotiations and agreements concerning the matters covered herein are merged into this MOU. IN WITNESS WHEREOF, the CDC and DEVELOPER agree to abide by the terms of this MOU, and hereby execute the same by and through their duly authorized representatives. Date: Approved as to form: DEVELOPER: Marina Gateway Development Company, LLC By Sycuan Tribal Development Corporation, Manager By Its By Its THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY Date: By Ron Morrison, Chairman Date: By Brad Raulston, Secretary Approved as to form: By George Eiser, City Attorney Page 3 of 3 Proposal to Develop: A RETAIL ECONOMIC DEVELOPMENT STRATEGY For: City of National City, CA From: Lisa Hill February 11, 2008 Expiration Date: May 12, 2008 EXHIBIT "A" r Arm Comrnuniy° INDEX I. SUMMARY II. INTRODUCTION TO BUXTON III. NEEDS/CHALLENGES IV. GOALS/DESIRED RESULTS V. PROCEDURES/SCOPE OF WORK VI. PROJECT TEAM VII. PROJECT REQUIREMENTS VIII. TIMELINE IX. FEES FOR SERVICES X. SIGNATURE PAGE XI. ENDORSEMENTS/REFERENCES Community/EY I. SUMMARY Community/Do is a proven retail development strategy that can be immediately implemented by National City. Buxton integrated proprietary technical capabilities with more than 500 cumulative years experience in retail management and local economic development to create Community/Do. This unique strategy has brought both innovation and a disciplined approach to municipal retail development efforts. During the 60 business days it takes to complete Community/D®, civic leaders are actively involved in the process and make important decisions that guide the direction and results. The four main phases of the process are: Researching and Verifying National City's Retail Trade Area This phase starts with the in-depth collection of the same location variables that Buxton uses to qualify locations for retail clients. Because of Buxton's unique capabilities, we can translate this retail -specific information into market intelligence that community leaders need to attract and grow their retail sectors. Evaluating National City's Retail Potential The evaluation phase will clarify what makes National City distinctive and valuable from a retailer's viewpoint. Through daily involvement in retail location analysis, Buxton has acquired the unmatched ability to evaluate a community's retail potential. Matching Retailers and Restaurants to National City's Market Potential The consumer profile of National City's trade area will be matched against the customer profiles of over 5,000 retailers and restaurants in Buxton's proprietary database. The final match list is developed with the input of community leaders so that it reflects the needs and desires of the residents. Delivering National City's Marketing Packages Individual marketing (pursuit) packages for each retailer match are delivered in hard copy. With Community/Do, National City can unleash its full retail potential, seize new retail opportunities and expand existing businesses. Cornmunity1D. II. INTRODUCTION TO BUXTON Since our founding in 1994, Buxton has been a leading force in retail location and development. We are recognized for creating solutions that provide results. Buxton began as a service to help retailers make informed site selection decisions by understanding their customers and precisely determining their markets. Buxton leaders soon realized that the company's expertise in retail location and market analysis could also be leveraged to benefit communities desiring retail expansion. Please note that in this proposal the term "retail" is inclusive of all retail concepts. CommunitylD Designed specifically for use in community economic development programs, Buxton's Community/D process has assisted more than 350 public sector clients nationwide, resulting in the development of more than 20 million square feet of retail space. We integrate our impressive technical capabilities with more than 500 cumulative years of retail management and local economic development experience to help municipalities achieve their retail goals. More than simply providing data, Community/De supplies custom marketing materials and strategies targeting the unique location requirements of retailers, developers and commercial real estate brokers. Community/D'e clients achieve outstanding success using our tools for retail identification, selection and recruitment. And our clients benefit from our unique understanding of retail site selection from the retailer's point of view. The combination of technical expertise and professional guidance gives municipalities the capacity to immediately implement an effective retail development program. Benefits of Community/Do With Community/De you have immediate access to: • Retail Industry Expertise. Gain a competitive position by working with professionals who have years of retail management experience plus current insights into your community and site selection processes and trends. • Community Development Best Practices. Expand and sharpen your retail development focus by incorporating best practices discovered by Buxton through daily work with municipalities across the nation. • Proprietary Systems. Gather useful information by having Buxton's technology specialists analyze your trade area accessing data stored on Buxton's in-house databases. ••••�.�.M:NWYWMNM Cornrnunity0 • Personalized Content. Advance your retail recruitment program by receiving personal guidance from our staff and ongoing insight into key industry topics via our monthly e-newsletter, webcasts and other interactive tools. • Long -Term Partnership. As a Buxton client and partner you have unlimited access to our staff to help optimize your marketing efforts at the International Council of Shopping Centers (ICSC) annual meeting in Las Vegas, NV. • Add -On Research. Keep your Community/D® updated and focused by getting special rates on additional research, including retail marketing packages and refreshes of basic information. CommunityILY III. NEEDS/CHALLENGES National City wants to understand and then capitalize on the retail development opportunities. As communities increasingly compete for retail dollars, attracting the attention of retailers has become more challenging than ever. Marketing your community plays a dominant role in today's competitive economy. The challenge for the community is to attract retailers and developers by providing trade area information that is complete, accurate and up-to-date. Using our proprietary methodologies, Buxton will collect and analyze your community's trade area information and give it to you in a format that is easy -to - use and appealing to real estate executives and developers. The best information, however, is useless without a plan for using it. Much more than data collection, Community/Do is an execution strategy that can help you build or revitalize your existing marketing and economic development program. With Community/Do, you will be prepared to: • Achieve your retail potential by establishing a long-term partnership with Buxton • Integrate retail development into your economic development program • Increase your success by preparing National City to meet the needs of retailers • Effectively position your community by leveraging your locations' strengths and minimizing weaknesses • Convey National City 's advantages over competitors' advantages • Establish credibility with retail decision makers • Maximize time and resources by not pursuing unqualified prospects • Win the confidence and trust of prospects by understanding their priorities • Use competitive analysis to close the sale CornmunitylU IV. GOALS AND DESIRED RESULTS The primary goal of Community/D® is to prepare National City to successfully expand its retail sector. Community/D® serves as the framework for developing a sustainable marketing program that not only achieves short-term goals but also endures to ensure the economic viability of the retail sector over the long-term. Such a marketing program will bring the following desired results: • Residents' desires to shop and dine at home will be fulfilled • Retail leakage will be minimized • Tax revenues (property and sale/use taxes) will increase • Employment opportunities will grow • National City's ability to capture other economic opportunities will be enhanced CommunityifY V. PROCEDURES/SCOPE OF WORK Once you have engaged Buxton to work with you in developing Community/D®, a project team will be assigned to guide you through the entire process —from initial data collection to final presentation of the results. This team consists of: • Client services manager, who will serve as your primary source of communication during the project • Geographic Information System specialist, who will analyze your trade areas and create customized maps and reports • Professionals with backgrounds as retail executives and economic development practitioners, who will address your unique challenges and help maximize National City's retail opportunities Staff Visits During visits to the community, Buxton's staff is able to make clear and candid assessments of the community's strengths, weaknesses and potential by using the same analytical programs and location matrixes that are used to qualify communities and sites for our retail clients. Our daily involvement with over 1,700 retail and restaurant clients in finding optimal locations keeps us current on retail location trends. This provides a rational and analytical basis for helping National City decide how to best focus resources on the most promising retail opportunities. Data Collection Buxton uses over 250 consumer and business databases that are updated throughout the year, and in some cases, every month. Although it is possible to obtain these databases for less expense on a community or regional basis, Buxton buys and is licensed to use the complete U.S. datasets. With this information Buxton will compare the city's potential location to the universe of all retail locations operating in the U.S. The following are some of the more well-known sources used in our studies, but there are dozens more that we employ to provide additional insight: • Mediamark • Acxiom • InfoUSA • Claritas • National Research Bureau • Navteq Geographic Data • Dunn & Bradstreet Business Data yommunityIDa Identify Market Influencers All communities have special and often unique features that impact the local retail market and have to be taken into consideration to fully understand the market potential of the community. Such influencers include larger ethnic populations, significant new or expanded developments, military bases, universities and colleges, destination tourist attractions, prisons, medical facilities or major employers. After identifying these market influencers in your community, Buxton will quantify and qualify their influence on the retail market and help to match retailers that can capitalize on these customer bases. You will benefit from the project team's expertise and insight in these four areas: 1. Researching and verifying National City's retail trade area 2. Evaluating National City's retail potential 3. Matching retailers and restaurants to National City's market potential 4. Delivering National City's marketing packages These four major components comprise the Community/Do process. Each component is explained in detail as follows: 1. Researching and Verifying National City's Retail Trade Area The location decision process for all retailers begins with the collection, analysis and evaluation of numerous location variables such as demand density, customer buying habits, economic trends, competition, traffic volumes, and available sites, to name a few. The Community/Do process for National City will also start with the in-depth collection of data using the same location variables that we use for our retail clients to qualify sites for the location of their retail stores and restaurants. One goal is to define current retail situations in National City, in the trade area and in any neighboring communities that impact on National City's retail environment. The other goal is to understand the community's expectations and desires. This analysis includes personal visits to the community, collection of data components necessary to conduct the analysis and identification of market influencers. 8 Comrnuni c'iD Drive -Time Trade Area Definition Customers today shop by convenience, measuring distance based on time, not mileage. CommunitylD$ will employ a custom drive -time analysis to determine National City's trade area. An example of a drive -time trade area is shown in Figure 1. This custom analysis is developed using an in-house database supported by our knowledge of individual retail client's actual trade areas. The resulting drive -time trade area map will be a polygon that more accurately depicts consumer shopping patterns than trade rings. To assure the accuracy of the drive -time trade area, the draft maps are reviewed with community leaders and verified before proceeding with the next step. Figure 1 .Example - Drive -Time Trade Area Community/D. 2. Evaluating National City's Retail Potential The purpose of the evaluation phase is to understand what makes National City distinctive and valuable from a retailer's viewpoint and scrutiny. Our evaluations capitalize on Buxton's knowledge about the retail marketplace and the location requirements and expectations of retailers. Combining this knowledge with our economic development competencies allow us to evaluate and recommend proven community practices. Our evaluations do not rely on dated government research or national/state statistics, all of which fail to reflect local realities. Rather, we implement our real -world experience gained from working with municipalities that have opened more than 20 million square feet of new or expanded retail space. We know how to help National City sharpen your retail marketing strategy, aggressively market the city and improve your competitive performance. Retail Leakage/Supply Analysis The Retail Leakage/Supply Analysis provides an estimate of retail dollars flowing in or out of the trade area. The two main components of this analysis are: 1) current actual sales (supply) by retail store type and products, in dollar amounts, and 2) estimated sales potential (demand) for retail store type and products, in dollar amounts. We first calculate a sales gap index that illustrates your ability to capture your residents' expenditures. An example of this index is shown in Figure 2. The sales gap index provides a relative comparison of leakage/surplus and an estimate of the dollars that are being spent outside the trade area (leakage) and the amount of dollars coming in from outside the trade area (surplus). Figure 2.Example - Sale Gap Index rra CommunitylLY Customer Profiling The CommunityID^ process will identify and analyze all the households in National City's drive -time trade area. Based on more than 4,500 categories of lifestyles, purchase behaviors and media reading and viewing habits (psychographics), the households in your trade area are assessed to gain an understanding of the types of retailers that would be attracted to your community. Our in-house databases include both traditional demographic data and the most current psychographic lifestyle information for over 116 million households in the United States (as well as up to seven individuals living in each of these households). Each household in a trade area falls into one of 66 market segments reflecting the buying habits of customers in the household. The blue line in Figure 3 graphically profiles the households in a city's trade area. Figure 3: Example - Psychographic Profile 12 e 3 0 12346e 76017111212141ea1 • 1583130)1121347805 u 11 Community Retail Site Assessment One (1) site is submitted by National City for analysis. Based on our collective experience in retail locations, the following factors are considered the analysis: • Psychographic analysis of households in trade area • Demand for retail goods and services • Existing Retail and retail trends in the trade area and surrounding region • Site setting, situation and configuration • Growth plans and relevant development • Retail goals of the community Buxton will develop a demand density profile of National City's trade area. Demand density measures the bottom -line value of the customers in the trade area —who they are, how many there are and what they buy. One of the significant advantages of Buxton is our ability to take the demand density data and to creatively translate it into a proactive market strategy tailored to take advantage of National City's strengths and to achieve its retail goals. 1 �Communityib 3. Matching Retailers and Restaurants to National City's Market Potential Once consumer profiles in National City's trade area have been determined, the Community/Do process will match these profiles against the customer profiles of 5,000+ retailers in our proprietary database. In Figure 4, the blue line indicates the customer profile of households in a community's trade area. The red line represents a specific retailer's customer profile. A similarity between the two profiles as shown in Figure 4 analyzed using Buxton's proprietary retail matching algorithm concludes that this site is an opportunity for a specific retailer to open a successful store. This matching results in a list of possible retailers. To develop the preliminary retail match list, Buxton analyzes a number of factors about each possible retailer to qualify it. This analysis is designed to eliminate those retailers that for any reason would not be a candidate for National City. Considered in this analysis are such factors as, verification of a retailer currently operating or expanding into your market, location of operations in similar cities, and competition and cannibalization from nearby locations. Once this analysis is complete, the preliminary list of retailers will be discussed and reviewed with the National City. Based on the selections by the sponsor, a final list of up to ten (10) retailers will be created for the development of marketing (pursuit) packages. Figure 4: Example - Trade Area Consumers Matched with Retailer Customer Profile 12 1 2 3 4 5 e 7 5 919111211141515171E1ffit8471443h/2pR5303132 Lt9�73�191/121]FKS40{7191013 Communitylu 4. Delivering National City's Marketing Packages Buxton will assemble two (2) individualized marketing (pursuit) packages for each targeted retailer. At National City's request, Buxton will customize each marketing package for presentation to individual retailers, developers, real estate brokers or potential franchisees. Because it is tailored to the specific needs of the target audience, each marketing package is ready to use as collateral marketing materials providing compelling and precise information that demonstrates National City's qualifications as a location. Buxton will also provide National City with a PDF copy of each individualized marketing package for each targeted retailer. Each marketing package contains: 1. Map of the retail site and trade area 2. Map of retailer's potential customers 3. Retailer match report that compares the site's trade area characteristics with the retailer's locations in similar trade areas 4. Demographic and psychographic profiles of the households in the trade area 5. Contact information for the person at the retailer who has location decision responsibilities Additionally, the client will receive a reference binder that includes information provided in the retail marketing packages. The reference binder will also include the retailer's site requirements, the contact information for the retailer's local decision maker, and any other relevant information to assist National City in their recruitment efforts. CommunitylD targets not only specific companies but also the individual in the company who has the responsibility for location decisions. To provide the best possible reception when National City contacts the targeted retailer, Buxton notifies each company that National City has been qualified by Buxton as a potential viable location for a store, restaurant or development and should expect to be contacted by a representative of the city. If the scheduling permits, Buxton will contact these retailers prior to ICSC in order to assist National City with creating appointments at the conference. 14 rib -Cornmunrtyl m Figure 5: Example - Retail Match Report (Retail Match Report summarizes a city's location advantages for a specific retailer). rill Communityllb' Retailer Match Report (p lnT Ctivaoy Repft Doc 4/1S/100S t, Sane Highway 3141 Gin had Tar Comity, SSA Segmentation Prafileul (IS Minds Drire Time 12% 1At1 II9fe161Mf1.1@1S7026SSW 1q.L.1 al..Eav6tti1t1ae1..161v1i16a m0ttM0111101.1e66M61 - employPmi.N«lr6nteoemoroor- Osman/ Nulls (AI Ohs — 9NiPeolhist bide be. Campanian (15 Mae Dike Tim) mCoeferq Ater* Trade Arrat* Tarr creawdgL 5oe Trak ka 1N3 Eedenud NU Projected TNd Papie/0e 43,92S 409i 47,311 Total Amiolds 11,271 17,S17 111903 hider Delimit Swat tleeseketit Daytime (Workday) Pk td,A' 9,1T2 12,119 13,412 19,110 /1,140 29,121 ti 8,goe*e6Wsn Pratt I. 1a OIhno imet. i OentmM tkosias W gate Peel% p O16'Mtee Paptialen Evey howmidd Is %NON Ws; ens or% lobos! moms% ambebett by Mal baulk:its via&a+dw..' 'ohwsm. Moo F.i S weds crib Astwdssew Any sayer% Wet liese Then 6ssi i1 t.. .M.h Yu% as bobseve FLU 6aq. puns tR6DtM:j. X12Coops" As* ...s e.ed.t ei.eener**l. *Sr In pvivilos eM noblest inn Ysev Swami* USA. Te.maw*, psne%sepbsod to e . re . aw.lrad.r.* Asbi*.i Y�TY.H.YANI4g.ala V.Me�IwLMM�p11.iRrlllwv.M�1FA!11MII,OYIn'aM1. i1�M 1S Community/D` DELIVERABLES Community/De deliverables will be presented to National City in two bound hard copies. Deliverables include the following: • Drive Time Trade Area Map • Retail Site Assessment — includes Retail Leakage/Supply Analysis and Customer Profile • Retail Match List with contact information for the key decision maker(s) for each targeted retailer • Final Report and (2) Marketing (Pursuit) Packages per each of the 10 targeted retail matches, as well as a PDF copy of the Marketing Packages for each of the targeted retail matches • An electronic presentation highlighting the CommunitylD® process and findings will be a part of the deliverables. It is designed for local presentations to chambers of commerce, civic clubs and other groups interested in the retail development of National City. Community/ Y VI. PROJECT TEAM Team members for your project will include Buxton personnel with strong retail and economic development backgrounds as well those from operations: the Territory Business Manager, appropriate Senior Vice President and Client Services representative. Lisa Hill Territory Business Manager CommunitylD® Division As a Community/D® territory business manager, Lisa works with municipalities in their retail economic development efforts. By understanding what retailers need to make site selection decisions, Lisa enables community leaders to understand and "speak retail." Prior to covering California, she focused on communities in Missouri and Kansas. Lisa brings a strong knowledge of the Community/D® retail economic development strategy and a solid background in client service to his position. Lisa received her B.A. degree from Texas Wesleyan University and is a member of the International Council of Shopping Centers (ICSC). my Wetzel Senior Vice President, Community/D® Division, Western Region Amy brings more than 15 years of marketing, retail and business development experience to her position. Prior to joining Buxton, Amy held positions with the Colleyville (Texas) Chamber of Commerce, Baylor Health Care System and Andersen. Amy has worked with numerous communities to establish or enhance their retail recruitment strategies and has been a featured presenter at many organizations, including the Association of Washington Cities, the Urban Land Institute, the National League of Cities, and the League of California Cities. She is a member of the California Association of Local Economic Developers, the California Redevelopment Association and the Association of Washington Cities. Amy holds a bachelor's degree in communications from Baylor University. 17 on nunity1D" Philip Davis Manager/Senior GIS Analyst, Community/Do Division As senior analyst for the Community/D® division, Philip oversees every aspect of Community/D® projects in Buxton's GIS department. His duties include supervising daily operations, working with clients, managing projects and serving as a liaison between analysts and the sales team. Philip has managed the GIS function for more than 350 Community/Do projects for such clients as San Jose, CA; Atlanta, GA.; and Birmingham, AL. Working on projects for two divisions in the company has given Philip a complete understanding of both the retail industry and municipal needs, adding to his expertise in community retail recruitment. Philip graduated from the University of North Texas with a degree in Geography. Bill R. Shelton, CEcD Partner Community/Do Division Bill is a founding partner of Community/Do, Buxton's retail development program for communities. For more than 20 years, Bill worked for the Fort Worth Chamber of Commerce, serving 16 years as its president. He is a Certified Economic Developer and is past chair of the American Economic Development Council. A founding member of the Texas Economic Development Council, he has served as the organization's president. Bill was honored with a lifetime membership to the International Economic Development Council. Bill's professional service also includes serving as dean of the Basic Economic Development Course at Texas A&M University. Bill holds a bachelor's degree in marketing from the University of Texas at Austin, and he completed post -graduate studies at Texas A&M University. 18 ruM Community/D. Harvey H. Yamagata Chief Marketing Officer & President Community/D® Division Clients benefit from the expertise Harvey has gained during 35 years in retail, including leadership roles in brick and mortar, catalog and website retailing. His 20-year career at Tandy Corporation covered the time when the company grew from $350 million to $3.5 billion in sales and took him from retailing in Europe to opening distributors in Asia. He headed the marketing efforts of the RadioShack Business Products division at a time when they held the major share in the burgeoning personal computer market. Harvey received a bachelor's degree from the University of Wisconsin and a master of business administration degree from Texas Christian University. Community0 VII. PROJECT REQUIREMENTS To effectively initiate this project, we request that you provide the following: 1. Project Liaison • National City will designate a project manager who will serve as Buxton's primary contact during the project. 2. Community Information and Reports • National City logo (vector file - request your ad agency and/or printer) • Addresses and descriptive information for the site that will be evaluated • Current traffic count data • List of planned retail, commercial or mixed use (either proposed or in development) in the community • List of major, national or regional retailers that have closed, left or moved from the community • General community marketing materials, data and economic reports Project Launch A conference call with representatives of National City and the Buxton Project Team will officially launch the project. The project launch will occur when: 1. An agreement is executed 2. The initial payment is received, and 3. The Community Information and Reports are received 20 irrata Community!D° VIII. TIMELINE The following timeline is sequential and cumulative. It starts on the day of the project launch conference call. Business Days Client Responsibilities Buxton Responsibilities Start Provide to Buxton all necessary community information. Day 1 Participate in the launch call. Participate in the launch call. Day 6 Trade Area Map ships. Day 13 Approve Trade Area Map. Day 18 Retail Site Assessment ships. Day 25 Approve Retail Site Assessment Day 40 Retail Match List ships. Day 50 Submit selections of all retail matches to be included in the Final Report and Retail Marketing Packages. Day 60 Final Report and Retail Marketing Packages ship. By adhering to this timeline, the Community/Do deliverables will be sent on or before 60-days after the launch date. Any missed target dates can delay the final delivery date. If there are extenuating circumstances that prevent target dates from being met, a new timeline will be developed. Delays of more than 45 days in timeline schedule by the community will result in an administrative fee of five percent (5%) of the contract price to be charged. Communit lD IX. FEE FOR SERVICES The Cost of Community/D® is $50,000; payable as follows: 1. $25,000 due upon execution of this agreement 2. $15,000 due upon delivery of retail site assessment 3. $10,000 due upon delivery of retail marketing packages Hard copies of all Community/Do deliverables including marketing packages will be provided. Direct travel costs will be charged for any pre -arranged, mutually agreed upon travel associated with the project. This does not include travel associated with the presentation or negotiation of this agreement. For services specifically requested by National City and performed by Buxton outside the scope of this agreement, an hourly rate of $200 will apply. Additional Research Services (post analvsisl Marketing (Pursuit) Packages (Match reports for additional specific retailers) - Includes two bound hard copies $2,000 Buxton to provide future services for $20,000 for an additional 2 sites and 1)define the selected sites' retail trade area 2) analyze the selected sites' retail potential and site determination criteria 3) identify (10) retail matches for the selected sites and 4) publish 2 retail marketing packages for each targeted retailer. Upon Buxton's review, specifics on the Marina Gateway area and Marina Gateway Development Company, LLC'c PKF study will be provided where appropriate. Community/1Y X. SIGNATURE PAGE This agreement is between the Community Development Commission (CDC) of National City and Buxton (the "Parties") for the performance of services described in this proposal. The Parties agree that an independent contractor/employer relationship is created as a result of this agreement. Buxton will not be considered an agent or employee of the CDC of National City for any purpose. The term of this agreement is one (1) year. This agreement may be terminated by the CDC of National City at any time upon written notice of thirty (30) days. If this agreement is terminated, Buxton will be paid for services performed up to the date the written notice is received. This agreement shall be administered and interpreted under the laws of the State of Texas. In order to avoid paying State of Texas Sales and Use Tax, the CDC of National City may be required to provide Buxton with a certificate indicating it is a non-profit corporation and not subject to Texas Sales and Use Tax. Agreed and accepted this Brad Raulston Community Development Commission of National City City of National City 1243 National City Blvd. National City, CA 91950 Phone:619-336-4256 (Signature) day of , 2008. David Glover Chief Financial Officer Buxton 2651 S. Polaris Drive Fort Worth, TX 76137 Phone: 817-332-3681 (Signature) Yam W-9 (Re.. oeconeer reek; Ow. gown t v ter ley hwy. aa...te Miff rT: Cc mmunityILY Request for Taxpayer identification Number and Certification Glee form to the regueSter. Do NOT send to the IRS. tamepl joint .t eel or )m c au. MMa; i a Sp.clrlc tn.eaaernr an page 2.) Bianca u>,a4 %refrond Om mow. ISae ep—.Bc Matra k ion: [, hrdheal/Sal. propridun Der Grpusoon ❑ monormlp M enet ameba, street, ant ea.. or sate ne.l ��)) /\l`i 1 P Cty_cme. end 2In cans Taxpayer ldentifiicafInn Number (TIN) Enter yoUr TIN In the appropriate box. Foe Individaate, this k your social stolidly number (SSW. However, if you area resident a1en Oka sob proprietor, see the Instmctlons on page 2 oroowr entities. it Is yaw employer lderxacation number (EmtJ. If you do not have a Milner, sea Mow To Get a TUI or, page Z. Rota ft the eccalmt is in mo a then one name. see the clad on page 2 for guidelines nth wMsa numbs: to anfee. ®L Certification 7 Sochi security amber !f114111 OT 7.Erpbyer Id..e 5rloe rneak.r 7T, I41JEdf1Y [) bade e. Ptommie^s ,ww and address topoenea use ad. OJ,I neatens) nom h,ptional • For Payees Exempt From Backup WWWtoldktg (See the instructions 2J Under peal E of perjury, f certify that 1. The nvnay shorn on thlt Man is my correct taxpayer Idanit a2 on number (a 1 ern wining for a norther to be issued to m), and 2. I am notaWJrct to backup whMutdkg because: 001 ern exempt horn b.raup wthex>Wang. ur 16) I have not beat notified by nee Internal Revenue Se,vlca )Rs) pail am arty= to beckvp will tokung es a reehat 01 a foam. to report ad Ynereat Cr dividends, or (c) me IRS has notated me that 1 an no longer staged to baakrg, wtliJgldng. GertIlfulbo Iratrsrctimo.—You mutt cross out Item 2 above It you have been meted by the Ut4 that you are ctieentty subject to beekup wldthea ng because you hove fated to repot all interest end dhenends on your lex return. For real estate emulations, kin 2 dais nut apply. For mortgage kaerest paid ecce • or abandonment of seared pfopesy, canceaadon a' debt coredb n:tut to an kxleiduat retirement erne gwn l (IRA), and general gpayrne m}ei ju9p it est and divdends, you sre not required to sign lea Cwtfs:ation, but you oust provide ca ownTIN. fS n ns font+ (e 2 IleneI — Nn Signature Purpose of Form. --A person who i5 required to De en tnfamation return with the IRS mutt get your correct taxpayer identirkedon number (fIN) to report for mamma, !exams pled to you, red estate transa Uom, Mortgage Interest you paid. scqulside1 or ebandonmemt of secured property, encelation or debt or carxdbutkws you made to an IRA. Use Form W-4 to give your correct TIN to the prson requesting It (the regttster) and, when appCcebla, to: T. Gratify the TIN you ore giving i. ,.oneel (or you are waking tor a number to be (SSnedj, 2. Carley you ere not subject to backup Withholding. or 3. Clehn exemption from backup withholding Y you are en exempt payee. NOW era McTtresterg/ves you form other men a W .9 to request y0rr T17), you must use the mg/ogees loan if i is substanbaby similar to this Form W-0. What is Backup Wlothoadng7—Persons maktxj Certain payments to you must withhold end pay to the IRS 31% of such paynants underr certain conditions, lhls celled "backup wehholding.' Payments that may be subject to backup wlrlimiding inciude Interest dividends. hanker and oath exchange lraiseclkaa, rents, roya des, reuemphyen pay, and cortaht payments from fisting boat operntors, Reel estate uereadiuua are not sutupct to backup withholding. If you ghee the regsestar your vxrect TIN, snake the proper certifications, and report all your taxable interest anti dividends on your tax rearm, payments you receive will not be subject to backup wltitnolai ng. Payments you rece ore unit be subject to backup Withholding if: 1. You do not furnish your TIN to the requester, or 2. The IRS teas the requester that y x furnished en Inc mad TIN. or 3. The IRS tees you that you are subject Io backup wfvlokd(ng bemuse you did not report ad' your Interest and Oh/Mends un your tax return Idol repeatable Interest and dividends only) or a. Tut do not catty to the retuu stcr Mat you aru nu subject to beCkup withholding under 3 :hove Ica reportable interest and tit k(end accounts opened after 1983 only!. or Date ► 6. Yw1 do not certify your TIN when required. See thn Patt 11t instructions on page 2 for details. Germ( payees and payments are exempt from boc sup wlmnokfing. See the Pen 11 Inactions end the separate Instructions for the Requester of Form w-e. Penalties Failure To Furnish TIN.--tf you tee to furnish your correct TIN to a rpmleste(, you ere subject to a penaky bf SS0 for each such ;alum unless your failure b due to reasonable cause and not to wilful neglect Cie)t Penally Ow False kdanaabon With Respect to enudrolding._r you make a Mae StnteMent wet no reasonable bests that resins in no backup withholding, you are subject to a SSW penalty. Crimea! Penalty for Falslfying Infannotlrn._ Willfully falsifying cen(fx:ntions re- affime2ons may subject you to criminal penalties including fines axdrar knprlsorrnent. Misuse of TttJs,--If the requester discloses err uses TI)t3 In violation of Federal law. the requester may be Subject t0 Glut end Criminal penalties. Cr. No, loth% form W-9 (Rea. 12•LN a 24 comrunitylD XI. ENDORSEMENTS/REFERENCES Buxton prides itself on exceptional client service that results in ongoing client satisfaction. Following are just a few of many endorsements from Community/Do clients. arrangement (IRA). and genes rate W-9 nue. creamer isms, Rep.R.nr else lsaapr Yt. r eerese Sem . CommunityC Request for Taxpayer Identification Number and Certification Glee form to the requester. Do NOT send to the IRS. knee/,�,(j pot ascurt Cr y e 7c Ur MM.;w Srstes so.uscdwse on page 2.) Bushes, twee f Mired free W.A. Sac Spatial: lnelruc con papa 2.) bar G meet I/Sale preprtean Loroarnden ❑ eameersre 0 Orlser e. Wrest {number, sena . eM tom. a suet: Re.) Nequntee rwM and redress lopeame Cl. tad 21P code .ZOLD Tx 7 /3 7 Ta:�ayer Identlfca(tan Nttenher (TIN) usltaals,twantons) here bptbnt Enter your TI1 h me appropriate boa. For IndMd,rals, this 5 your social sectlntr Wade ISSN). However, if you are a resident aien On a sob proprietor. see the Instructions on page 2. r'ior ot+er @Mines, It Ls yea employer idervaication number (EW). If you do nol hem a number, see How To Get a TIN on cage 2. Note: a the account b h mare than eira name, see the chart on page 2 for 0110214er on whos, number to an*. 1122EL Certification under perWies of Itedllry. l cortifY that 1. The member Shown on pus ram Is my correct taxpayer klenQtcation numbs (or I em waking for a metier to be breed to coal, and 2. I am nut subject to backup wfWuxdkg because: lel I ern exempt bon maw wlh okOng, or 'bit have not baron notified by the Internal Revenue Service (IRS) that I am subject In backup werennWrtg es a moth of a rage to report all (merest or divilendss, or lc) the IRS has nettled me the 1 em no Sanger subject to ba s sea/Molding. CertIllestioe InwutHotts—Yet matt trots out item 2 above R you have bean raffled by the IRS lair you are currently subject to backup wthhadkl9 because you have rased to repeat afl hterese and dvidends on your lex Mom. For real estate transactions, Kern 2 does not apply• For mortgage Interest pad, eco. y or abandonment of seemed property, ubcelatIon d debt, contrlbubons to an WsAvislua: retirement ez : and dYWfeeds, you are not remitted to sign We Cot 110Ik but you must provide your correct TIN. a - .. . 2. reel wooer, arrow DR Faployer Iaeraacerbx nerSer �zbl11ci For Payees Exempt From Backup f/klYleilrfi g (See Itn ktstruelions MP p2d • Sir Hen Signature Purpose of Form, —A porS0rs wile u required to tee an Wdonnatlon return wIltl the IRS must get your correct taxpayer identftaUon number (TIN) to repot kr example, Income paid to you, real estate transactions, mottgaga Mierest you I` acquisition or ebendo meat of sactatd prupeny, cancelladon of rxbt or coralbsabns you made to an Mk. Usa Form WEi to glue your correct TIN to the person requesting It (the re{tse5ter) and, when eppicaWe, to. 1. Certify the TIN you me gpi ng Ls rarest (a you are wafting la a number to be issued), z Certify you ere net subject to backup withholding, or 3. Clain gumption from backup withhckitng lt yeti are en exempt pays. Nola: a a requester gives your form Other than a W9 to request your TM, you neat use Me mquestres form Y it is subsfandary smear to thk fomr W-9. What Is Dadtep Withholding? —Persons melds] certain payments to you must wilHrMd and pay t0 the IRS 31% of such payments under certain conditions. This 5 r. olle d 'backup k.up withholding.' Payments that may be subtract to badap wtMdding include interest dividends, bfo0uu end barter exchange transactions, rents, roya0ies, natetnpbyee )say, and cotton payments from I long boat operators. Real estate aansadims are not subject to backup withholding. If you glint the requester your correct TIN, make me proper cent cadorts, and report ail your Imcabb Interest and dividends se your tax return payments you receive MU not be subject to backup Wdnholding. Payments you receive wilt be subject to backup withholding it 1. Yua do not furnish your TIN to lit: requester, or 2. The IRS tells the requester that you furnished en incurred TON, or 3. The IRS tell you that you are subject to backup volniflokling because you dk1 not report ell your Interest and dMderlds on your tax return goy reportable interest and dividends only): or 4. You do not way 10 the request, that you aro not subject to backup wimhrklhg under 3 shove pre reportable htcresl and dividend accounts opened after 1903 only), or Cr. Se, ¶OZnlx Data ► 5. You do not certify you- TIN when remised. See Me Pact In Instructions on page 2 for detail. Certain payees and payments are exempt from backup withholding. See the Pon 11 ImWcetW Ind the separate Instrectian ler_the Requester of Form M e. Penalties Fapsre To Furnish TIN. ---If you fnl to (urNs11 your correct TIN In a reouester, you ere subject to a penalty of 3SO (or each such tasure unless your Ialune a due to reasonable cause and not to wilful negloct Chit Penalty for False ►ttormation With Respect to Withholding-0 you make a false statement wkb no reasonable bosh that results in no backup WWlholding, you are suhJect to a SSDO penalty. Crknhsal Penalty for Falsifying Informelkn.— WUlugv falsifying certffcationa rr af(kmatkuns may subject you to cdminae pen5Lo including fkses and/or emeisoment. Misuse of TiNs.—I1 the requester der:lines or uses TINS h Notation of Federal IIM, the requester may be subject [b Uva end criminal penaftes. term W-9 Dlr..1z•osl e 26 Buxthn City of Albertville, AL Jennifer Palmer 316 Sand Mountain Drive East Albertville, AL 35950 (256) 878-3821 jmoorepalmer@charter.net Village of Broadview, IL Henry Vicenik Village President 2350 South 25th Avenue Broadview, IL 60155-3800 (708) 681-3600 hvicenik@villageofbroadview.com City of Clemson, SC Chip Boyles Assistant City Manager 1200 - 3 Tiger Blvd. Clemson, SC 29633 - 1566 (864) 653-2030 cboyles@cityofclemson.org City of Colleyville, TX Scott Welmaker Director of Economic Development 100 Main Street Colleyville, TX 76034 (817) 503-1060 welmakers@ci.collevville.tx.us Say of Colonial Heights, VA Richard Anzolut City Manager PO Box 3401 Colonial Heights, VA 23834 (804) 520-9265 citvmanager@colonial-heights.com City of Covington. TN Mayor David Gordon 200 W. Washington Covington, TN 38019 (901) 476-9613 dgordon@covingtontn.com Community/D References City of Denton. TX Linda Ratliff Director of Economic Development 101 S Locust, Suite 500 Denton, TX 76201 (940) 349-8303 linda.ratliff@cityofdenton.com City of Duncanville, TX Earle Jones Director of Economic Development 203 E. Wheatland Road Duncanville, TX 75138 (972) 780-5093 eiones@ci.duncanville.tx.us City of Edinburg, TX Ramiro Garza Executive Director 602 West University Drive, Suite B Edinburg, TX 78539 (956) 383-7124 Ramiro@edinburgedc.com City of Fuguay-Varina, NC Carla Morgan Director of Finance 401 Old Honeycutt Road Fuquay Varina, NC 27526 (919) 552-1439 chmorgan@fuquav-varina.org City of Gardena. CA G. Yvonne Mallory Economic Development Manager 1700 West 162nd Street Gardena, CA 90247-3778 (310) 217-9533 vmallorv@ci.gardena.ca.us City of Gary, IN Ben Clement 839 Broadway 2nd Floor Gary, IN 46402 ben clement 99@vahoo.com Last Revised 12-17-07 City of Hercules. CA Steve Lawton Director of Community Development 1 1 1 Civic Drive Hercules, CA 94547 (510) 799-8233 slawton@ci.hercules.ca.us City of Hesperia, CA Lisa LaMcrc 15776 Main Street Hesperia, CA 92345 (760) 947-1910 Ilamere@citvolhesoeria.us City of Iacksonville,IL Glenda Washington 5000-3 Norwood Ave. Jacksonville, FL 32208 (904) 924-1100 Rlenda.washington@mviaxchamhcr.com J ogan County_(CO) Planning and Zoning. CO Jim Neblett County Planner 315 Main Street, Suite 2 Sterling, CO 80751 (970) 522-7879 nebletti@loganco.gov City of Marion, IN Wayne Seybold Mayor 301 S. Branson Street Marion, IN 46952 (765) 668 4401 wsevbold@marionindiana.us City of Maryville, MO Lee Langerock Maryville Chamber of Commerce 423 N. Market Maryville, MO 64468 (660) 582-8643 ecodev@asde.net city of McKinney. TX John Kessel Executive Director of Development Services 222 North Tennessee McKinney, TX 75070 (972) 547-7402 jkessel@mckinneytexas.org City of Moore. OK Deidre Ebrey Director of Economic Development 301 N. Broadway Moore, OK 73160 (405) 793-5224 DiedreE(a�cityofmoore.com City of Morganton, NC Sharon Jablonski Mainstreet Director 112 B West Union Street Morganton, NC 28655 (828) 438-5252 downtownmorganton@compascable.net City of New Braunfels, TX Mike Meek President Greater New Braunfels Chamber of Commerce 390 South Seguin New Braunfels, TX 78131 (830) 608-2808 meek@nbcham.org City of Palm Springs, CA John S. Raymond, Community & ED Director Cathy Van Horn, ED Administrator 3200 East Tahquitz Canyon Way Palm Springs, CA 92263-2743 (760) 323-8259 johnr@ci.palm-springs.ca.us cathvv@ci.palm-sorinxs.ca.us City of Paramount. CA Joe Perez Community Development Director 16400 Colorado Avenue Paramount, CA 90723 (562) 220-2225 juerez@paramountcity.com Last Revised 12-17-07 City of Park Ridge 11. Kim Uhlig Economic Development Director 505 Butler Place Park Ridge, IL 60068 (847) 318-6013 kuhlig@parkridge.us City of Perris. CA Michael McDermott Director, Real Estate and Development 101 North "D" Street Perris, CA 92570 (951) 943-6100 ext 245 mmcderrnott@citvofperris.org Town of Pinetop-Lakeside, AZ Connie Boggs Executive Director 1715 West John L. Fish Pinetop-Lakeside, AZ 85929 (928) 368-4000 mainst@cvbertrails.com Richmond/Wayne County (IN) Convention and Tourism Bureau, IN Mary Walker Executive Director 5701 National Road East Richmond, IN 47374 (765) 935-8687 mwalker®visitrichmond.org City of Rochelle, IL Peggy Friday Commercial/Retail Development Coordinator 420 N. 6th Street P.O. Box A Rochelle, IL 61068 (815) 561-2058 pfridav@rochelle.net City of San Jose, CA Office of Economic Development Nanci Klein Manager of Corporate Outreach 200 East Santa Clara Street, 14th floor San Jose, CA 95113 (408) 535-8184 nklcin@sanioseca.gov City of San Jose, CA San Jose Redevelopment Agency Anne Stedier Senior Development Officer 200 Last Santa Clara Street, 14th floor San Jose, CA 95113 (408) 795-1817 anne.stedler@sanioseca.gov City of Salem, IL Tracey McDaneld Economic Development Director 321 W. Main Street Salem, IL 62881 (618) 548-7021 ecodev©salemil.us Pity of Selma, CA D. B. Heusser 1710 Tucker Street Selma, CA 93662 (559) 260-4577 dbh@citvofsclma.com City of South Bend, IN Bill Schalliol Economic Development Planner 1200 County City Building South Bend, IN 46601 (574) 235-5842 bschalli aC�southbendin.gov City of St Paul, MN Craig Blakely Strategic Planner 25 West Fourth Street City Hall Annex, 1100 St. Paul, MN 55102 (651) 266-6697 Craig.Blakely@ci.stpaul.mn.us City of Suisun, CA Suzanne Bragdon City Manager 701 Civic Center Blvd Suisun City, CA 94585 (707) 421-7300 sbragdon@suisun.com Last Revised 12-17-07 City of Sumter, SC Ray Reich Downtown Director 21 North Main Street Sumter, SC 29150 (803) 436-2535 rreich@sumter-sc.com City of West Plains. MO Kris Norman Economic Development Director 401 Jefferson Avenue West Plains, MO 65775 (417) 256-4433 kris@wpchamber.com City of Yukon, OK Jim Crosby City Manager 500 W. Main Street Yukon, OK 73085 (405) 354-1895 jcrosby@ci.yukon.ok.us Last Revised 12-17-07 Additional references who took positions at different cities: City of Sanlose, CA Kelly Kline City of Cupertino, CA Redevelopment/Economic Dev. Manager 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 kellyk@cupertino.org Last Revised 12-17-07 Population 10,000 and below City of Andalusia, AL Richard "Tucson" Roberts Economic Development Director 505 E. Three Notch Street Andalusia, AL 36420 (334) 222-7040 ccedc@alaweb.com City of Bridgeport, TX Mr. William Myers Director of Economic Development City of Bridgeport 1 107 8ch Street Bridgeport, TX 76426 (940) 683-6633 Village of Broadview, 11 Henry Vicenik Village President 2350 South 25th Avenue Broadview, IL 601.55-3800 (708) 681-3600 hvicenik@villageofbroadview.com City of Covington. TN Mayor David Gordon 200 W. Washington Covington, TN 38019 (901) 476-9613 dgordon@covingtontn.com Lawrence County. AL Vicki Morese Executive Director 12001 AL Highway 157 Moulton, AL 35650 (256) 974-1658 Icc@hiwaay.net ,Sealy Economic Development Corporation TX Kim Meloneck Economic Development Director 415 Main Sealy, TX 77474 (979) 885-3511 kmeloneck@ci:sealv.tx.us Town of Pinetop-Lakeside. A7 Connie Boggs Executive Director 1715 West John L. Fish Pinetop-Lakeside, AZ 85929 (928) 368-4000 mainst@cybertrails.com Population 10,000 — 30,000 City of Albertville, AL Jennifer Palmer 316 Sand Mountain Drive East Albertville, AL 35950 (256) 878-3821 jmooreoalmer@charter.net City of Clemson, SC Chip Boyles Assistant City Manager 1200 - 3 Tiger Blvd. Clemson, SC 29633 - 1566 (864) 653-2030 cboylcs@cityofclemson.org City of Colonial Heights, VA Richard Anzolut City Manager PO Box 3401 Colonial Heights, VA 23834 (804) 520-9265 citymanager@colonial-heights.com City of fairmon , WV Jay Rogers City Planner 200 Jackson Street Fairmont, WV 26554 (304) 366-6211 citvplanner@cityoffairmontwv.com City of Fuquay-Varina, NC Carla Morgan Director of Finance 401 Old Honeycutt Road Fuquay Varina, NC 27526 (919) 552-1439 chmorgan@fuquay-varina.org Last Revised 12-17-07 C of Hercules. CA Steve Lawton Director of Community Development 1 1 1 Civic Drive Hercules, CA 94547 (510) 799-8233 slawton@ci.hercules.ca.us Logan County Planning and Zoning. CO Jim Neblett County Planner 315 Main Street, Suite 2 Sterling, CO 80751 (970) 522-7879 nebletti@loaanco.Kov City of Maryville MO Lee Langerock Maryville Chamber of Commerce 423 N. Market Maryville, MO 64468 (660) 582-8643 ecodev@asde.net City of Morganton, NC Sharon Jablonski Mainstreet Director 112 B West Union Street Morganton, NC 28655 (828) 438-5252 downtownrnorganton@comnascable.net City_sof Park Ridge,J.L Kim Uhlig Economic Development Director 505 Butler Place Park Ridge, IL 60068 (847) 318-6013 kuhlig@parkridae.us City of Rochelle. I1, Peggy Friday Commercial/Retail Development Coordinator 420 N. 6th Street P.O. Box A Rochelle, IL 61068 (815) 561-2058 pfridav@rochelle.net City of Salem. IL Tracey McDaneld Economic Development Director 321 W. Main Street Salem, IL 62881 (618) 548-7021 ecodev@salemiLus City of Selma.CA D. B. Heusser 1710 Tucker Street Selina, CA 93662 (559) 260-4577 dbh@cityofselma.com City of Suisun,_CA Suzanne Bragdon City Manager 701 Civic Center Blvd Suisun City, CA 94585 (707) 421-7300 sbragdon@suisun.com City of West Plains. MO Kris Norman Economic Development Director 401 Jefferson Avenue West Plains, MO 65775 (417) 256-4433 kris@wochamber.com City of Yukon, OK Jim Crosby City Manager 500 W. Main Street Yukon, OK 73085 (405) 354-1895 jcrosby@ci.yukon.ok.us Population 30,000 — 50,000 City of Duncanville, TX Earle Jones Director of Economic Development 203 E. Wheatland Road Duncanville, TX 75138 (972) 780-5093 eiones@ci.duncanville.tx.us Last Revised 12-17-07 ity of Edinburg. TX Ramiro Garza Executive Director 602 West University Drive, Suite B Edinburg, TX 78.539 (956) 383-7124 Ramiro@edinburgedc.com City of Moore, Old Deidre Ebrey Director of Economic Development 301 N. Broadway Moore, OK 73160 (405) 793-5224 DiedreEcityofmoore.com City of Palm Springs,.CA John S. Raymond, Community & ED Director Cathy Van Horn, ED Administrator 3200 East Tahquitz Canyon Way Palm Springs, CA 92263-2743 (760) 323-82.59 johnr@ci.palm-strrings.ca.us ca th yv© c i. pa l rn-sp ri n gs. ca. u s City of Perris, CA Michael McDermott Director, Real Estate and Development 101 North "D" Street Perris, CA 92570 (951) 943-6100 ext 245 mmcdermott@citvofperris.org Richmond/Wayne County Convention and Tourism Bureau, IN Mary Walker Executive Director 5701 National Road East Richmond, IN 47374 (765) 935-8687 mwalker@visitrichmond.org Population 50,000 — 70,000 City of Cupertino. CA Kelly Kline Redevelopment/Economic Dev. Manager 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 kellyk@cupertino.org City of 1) rncanville, TX Earle Jones Director of Economic Development 203 E. Wheatland Road Duncanville, TX 75138 (972) 780-5093 eiones@ci.duncanville.tx.us city of Marion, IN Wayne Seybold, Mayor 301 S. Branson Street Marion, IN 46952 (765) 668-4401 wseybold@marionindiana.us City of Ne_w Braunfels TX Mike Meek President Greater New Braunfels Chamber of Commerce 390 South Seguin New Braunfels, TX 78131 (830) 608-2808 rneek@nbcham.org city of Paramount, CA Joe Perez, Community Development Director 16400 Colorado Avenue Paramount, CA 90723 (562) 220-2225 joerez@oaramountcity.com Population 70,000 + City of Denton, TX Linda Ratliff Director of Economic Development 101 S Locust, Suite .500 Denton, TX 76201 (940) 349-8303 Iinda.ratliffOcitvofdenton.com City of Galt' IN Ben Clement 839 Broadway 2nd Floor Gary, IN 46402 ben clement 99@vahoo-corn Last Revised 12-17-07 City of Jacksonville. FL Glenda Washington 5000-3 Norwood Ave. Jacksonville, FL 32208 (904) 924-1100 glenda.washington@mviaxchamber.com City of Gardena, CA G. Yvonne Mallory Economic Development Manager 1700 West 162nd Street Gardena, CA 90247-3778 (310) 217-9533 ymallorv@ci.gardena.ca.us City of Hesperia, CA Lisa LaMere 15776 Main Street Hesperia, CA 92345 (760) 947-1910 Ilamere@citvofhesrieria.us fity of McKinney, TX John Kessel Executive Director of Development Services 222 North Tennessee McKinney, TX 75070 (972) 547-7402 jkessel@mckinneytexas.org City of San lose, CA San Jose Redevelopment Agency Anne Stedler Senior Development Officer 200 East Santa Clara Street, 14th floor San Jose, CA 95113 (408) 795-1817 anne.stedler@sanioseca.gov City of San lose. CA Office of Economic Development Nanci Klein Manager of Corporate Outreach 200 East Santa Clara Street, 14th floor San Jose, CA 951 13 (408) 535-8184 nklein@sanioseca.gov City of Sumter, SC Ray Reich Downtown Director 21 North Main Street Sumter, SC 29150 (803) 436-2535 rreich©sumter-sc.com City of South Bend, IN Bill Schalliol Economic Development Planner 1200 County City Building South Bend, IN 46601 (574) 235-5842 bschallisouthbendin.gov City of St. Paul, MN Craig Blakely Strategic Planner 25 West Fourth Street City Hall Annex, 1100 St. Paul, MN 55102 (651) 266-6697 Craig.Blakelv@ci.stpaul.mn.us Last Revised 12-17-07 SmallCity/D References City ofAndalusia,. AL Richard "Tucson" Roberts Economic Development Director 505 E. Three Notch Street Andalusia, AL 36420 (334) 222-7040 ccedc@alaweh.com City of Bridgeport, I Mr. William Myers Director of Economic Development City of Bridgeport 1 107 8th Street Bridgeport, TX 76426 (940) 683-6633 J awrenre County, Al Vicki Morese Executive Director 12001 AL Highway 157 Moulton, AL 35650 (256) 974-1658 Icc@hiwaay.net Sealy Economic Development Corporation, TX Kim Meloneck Economic Development Director 415 Main Sealy, TX 77474 (979) 885-3511 kmeloneck@ci.sealy.tx.us Last Revised 12-17-07 EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And MARINA GATEWAY DEVELOPMENT COMPANY, LLC THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "AGREEMENT") is entered into this 19th day of June, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability corporation (hereafter referred to as "DEVELOPER"), on the terms and provisions set forth below. RECITALS WHEREAS, on July 18, 1995, the City Council of the City of National City adopted the Harbor District Redevelopment Plan Amendment for the City of National City ("REDEVELOPMENT PLAN") that expanded the National City Redevelopment Project Area ("PROJECT AREA"); and WHEREAS, the CDC is the owner of certain real property within the Project Area: (i) Assessor Parcel Number 559-118-02 and the adjacent property roughly described as running from the southeast corner of the APN parcel, along the western edge of the Caltrans right of way, to the intersection of the projection of the centerline of McKinley Avenue; and then, along the centerline projection, to the projection of the northern boundary of the Site; and then, along the northern boundary projection, to the northeast corner of the Site and (ii) Assessor Parcel Numbers559-117-04, 05, 06, 07, 12, in National City (further described in `EXHIBIT A'), as further described herein ("SITE"); and WHEREAS, on May 18, 2004, the DEVELOPER was selected by the CDC as the preferred developer for the SITE; and WHEREAS, the DEVELOPER is interested in purchasing the SILL from the CDC and developing the SITE to include two (2) mid to high quality level restaurants and other allowed commercial uses under the current zoning (hereafter referred to as "PROJECT"); and WHEREAS, the CDC desires to increase the number of restaurant and commercial businesses in the PROJECT AREA as stated in the REDEVELOPMENT PLAN, and the DEVELOPER agrees to develop three (3) mid to high level restaurants: two (2) on the SITE and one (1) on the Marina Gateway Hotel project site or another project that may be determined to be more feasible. In addition, the DEVELOPER agrees not to object or otherwise impede the formation of both a Tourism Business Improvement District pursuant to the Parking and Business Improvement District Law of 1994, plus a Landscape and Lighting Maintenance EXHIBIT "B" District to pay for the installation, maintenance and operation of high quality landscaping and lighting in the public areas adjacent to the SITE and Marina Gateway Hotel project site; and WHEREAS, the contemplated project would be designed to use slab on grade construction or other techniques that will minimize the need for significant excavation and will avoid underground parking or similar improvements; and WHEREAS, the CDC and the DEVELOPER desire to enter into this AGREEMENT to initiate exclusive negotiations for up to three hundred sixty (360) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) discern potential tenants' respective appetites for the PROJECT; (iv) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; (v) negotiate the purchase price of the SITE; and (vi) negotiate a Disposition and Development Agreement (hereafter referred to as "DDA"); and WHEREAS, the AGREEMENT supersedes any agreement made prior to the entering of this AGREEMENT. NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: I. Srn The SITE constitutes the real property that is the subject of this AGREEMENT. The SITE is Assessor Parcel Number 559-118-02 and the adjacent property roughly described as running from the southeast comer of the APN parcel, along the western edge of the Caltrans right of way, to the intersection of the projection of the centerline of McKinley Avenue; and then, along the centerline projection, to the projection of the northern boundary of the Site; and then, along the northern boundary projection, to the northeast corner of the Site of Block 233, located on the north east corner of the Bay Marina Drive and Cleveland Avenue intersection and Assessor Parcel Numbers 559-117- 04, 05, 06, 07, 12 of Block 280 in National City, located on the north west corner of the Bay Marina Drive and Cleveland Avenue intersection within National City, CA. The exact square footage of the SITE will be determined during the Site planning activities outlined below. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereafter referred to as "COMMENCEMENT DATE"). B. First Negotiation Pcriod During the first two hundred seventy (270) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "FIRST NEGOTIATION PERIOD"), 2 the DEVELOPER and CDC shall meet regularly, in good faith, and jointly formulate a plan to develop the PROJECT (hereafter referred to as "Development Program"). The Development Program shall include and delineate the following elements: 1. The type and scope of the PROJECT;: 2. Development concept including a phased build out of the SITE; 3. Required on and off -site infrastructure improvements; 4. Project, infrastructure, and state and local regulatory requirement costs; 5. Prepare a market feasibility analysis for the PROJECT; 6. Funding sources for the PROJECT; 7. The parties/entities responsible for the various PROJECT development activities; and 8. A detailed Project development schedule. C. Due Diligence Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPER, as applicable, shall conduct their respective due diligence activities, including but not limited to: 1. DEVELOPER'S timely delivery and submission to the CDC of sufficient evidence that the DEVELOPER is financially viable and has the required equity and financing to complete Site development; 2. DEVELOPER'S timely review of preliminary title report information prepared for the SITE; 3. DEVELOPER'S timely investigation of the SITE. In conjunction therewith, and subject to the DEVELOPER receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPER and its consultants and agents shall. have the right to enter upon the SITE to conduct tests, studies, and investigations pursuant to an Right of Entry Agreement, the form of which is attached hereto and incorporated herein as Exhibit 1; and 4. DEVELOPER'S timely submission of the Development Program to the CDC for review and comment. 3 D. Design Concept Plan Submission/Entitlements/Environmental Review By the end of the FIRST NEGOTIATION PERIOD, DEVELOPER shall submit its Design Concept Plan for the PROJECT, including a Site Plan, Floor Plans, Exterior Elevations and Project Description and elevations, for review and consideration of acceptance by the Board of Directors of the CDC (hereafter referred to as "CDC BOARD"). Upon the acceptance of the Design Concept,Plan by the CDC BOARD, the DEVELOPER shall prepare and process with the City any necessary land use entitlements, environmental studies and reports. E. DDA Following Design Concept Plan acceptance by the CDC BOARD, and the close of the FIRST NEGOTIATION PERIOD, the CDC agrees to negotiate exclusively with the DEVELOPER for the remaining ninety (90) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. If, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the DEVELOPER or the CDC's Executive Director in his sole discretion, may extend the Negotiation Period for up to an additional one hundred and eighty (180) days to complete DDA negotiations, the land use entitlements and the environmental studies, if the CDC's Executive Director determines additional time is reasonably required. F. Execution of DDA After the DEVELOPER and the CDC Executive Director agree upon a proposed DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended for up to an additional ninety (90) days at the discretion of .the CDC's Executive Director, or its acting Director (hereafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; and 2. Process Site development, environmental and entitlement applications through the City's Planning Commission and City Council. The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and in such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence: The parties understand that final accord on 4 all issues may not be reached. It is also understood that, (1) neither party is under any obligation to reach agreement on the SITE purchase price and/or DDA, and (2) the CDC reserves the right to approve or reject a DDA, the Project, or any disposition of the SITE, in its sole discretion, as more particularly set forth in Part IV of this AGREEMENT. G. CDC and Developer Obligations During the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPER obligations shall include, but not be limited to, the following: 1. CDC Obligations a. Provide the DEVELOPER with documents in the CDC's possession that would assist the DEVELOPER with the due diligence activities; b. Upon acceptance of the Development Program and verification of DEVELOPER financial commitments to both purchase and develop the PROJECT, prepare a draft of a DDA. 2. Developer Obligations a. Use its best efforts to investigate the SITE; b. Submit site plans, elevations, schematic drawings, detailed Project development costs, Project pro formas for Site improvements as well as a pro forma summarizing the total Project and respective returns and other documents necessary for CDC and City review; and c. Submit proof of adequate funding or funding commitments for the PROJECT. III. DEVELOPER DEPOSIT Upon the approval of this AGREEMENT by the CDC BOARD, the DEVELOPER shall deposit with the CDC Twenty Five Thousand Dollars ($25,000) (hereafter referred to as `DEVELOPER'S DEPOSIT"), in the form of a cashier's or certified check, or wire transfer, payable to the CDC. The CDC agrees to hold the DEVELOPER'S DEPOSIT in the CDC's account and make disbursements therefrom only pursuant to the terms and provisions of this AGREEMENT. DEVELOPER agrees that the CDC may use the DEVELOPER'S DEPOSIT to reimburse itself for reasonable and actual attorneys' fees, consultant fees, appraisal fees, title reports, and any other related fees (excluding CDC staff costs) and costs (hereafter 5 referred to as "DDA NEGOTIATION COSTS") incurred by the CDC in (i) negotiating and preparing this AGREEMENT, (ii) reviewing any documents submitted in furtherance of this AGREEMENT and/or DEVELOPER'S proposal to develop the PROJECT, (iii) any negotiations relating to the DDA and any related documents, and (iv) drafting the DDA or any other related documents. The DEVELOPER shall be responsible for any additional costs and deposit thefunds within ten (10) days of written request from CDC. CDC shall submit to DEVELOPER invoices reasonably detailing DDA NEGOTIATION COSTS CDC has incurred at the time it submits a reimbursement notice to the DEVELOPER. CDC shall be free to withdraw funds from the DEVELOPER'S DEPOSIT, as needed, provided that it has submitted such invoices to the DEVELOPER. The $25,000 DEVELOPER'S DEPOSIT, less the DDA NEGOTIATION COSTS incurred to date (hereafter referred to as "BALANCE OF DEVELOPER'S DEPOSIT"), if any, shall be refundable to DEVELOPER in the event this AGREEMENT is terminated prior to or at the conclusion of the EXCLUSIVE NEGOTIATION PERIOD. In the event the DDA is fully executed and approved by all requisite action, the BALANCE OF DEVELOPER'S DEPOSIT, if any, shall be applied to the DEVELOPER'S purchase price for the SITE if the parties consummate the proposed transaction. IV. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA1 NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPER prior to DDA approval and execution shall be absorbed entirely by DEVELOPER. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcel comprising the SITE shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. 6 C. No Pre -Commitment by the CI)C By its execution of this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the SITE; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property or any other property interest; or any other such activity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the. CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. V. THE DEVELOPER A. Developer Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, employees, partners, and joint ventures. B. Offices of the Developer The principal offices of DEVELOPER are located at: Marina Gateway Development Company, LLC c/o MRW Group, Inc. 922 West 23'a Street National City, CA 91950 The Project Manager for the DEVELOPER will be: We need a person's name in this space.MRW Group, Inc. Other prime developers, employees, consultants, or representatives who are proposed to be directly involved in the Project will be determined by DEVELOPER and submitted to the CDC upon any such determination. C. Full Disclosure The DEVELOPER shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent non -confidential information concerning the DEVELOPER. D. Assignment 7 The DEVELOPER without prior written approval of the CDC may not assign this AGREEMENT. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign its rights under this AGREEMENT to a corporation, trust, or partnership of which the DEVELOPER owns the majority beneficial interest and operational control. E. Progress Reports The DEVELOPER agrees to provide written reports advising the CDC on progress and/or problems with the proposed development every thirty (30) days during the term of the AGREEMENT. VI. ENVIRONMENTAL REQUIREMENTS A. The DEVELOPER shall prepare all necessary environmental documents, conventionally undertaken by developers, and as required by the California Enviromnental Quality Act (public Resources Code Section 21,000 et seq.) and local regulations, for certification by the City. The DEVELOPER agrees to cooperate with the City and the CDC, as requested, to help determine the environmental impact of the proposed development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE; provided, however, that the CDC and the City shall not incur costs or expenses in collection therewith nor will CDC or City reimburse the DEVELOPER for costs incurred related to preparing these materials. B. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or tinder retained by the DEVELOPER. VIL GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede any conflicting provisions of this Paragraph A.1. Such legal actions must be instituted and maintained in the Superior Court of the County of San Diego, State of California, or in any other appropriate court in that county. 2. Applicable Law 8 The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VDT, the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the termsof this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attorney' s Fees If either party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. If either party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGREEMENT. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for 9 investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPER. F. Indemnity The DEVELOPER shall indemnify, protect defend and hold harmless. the. CDC and the City and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT or to the PROJECT, and any and all other losses, liabilities, damages, claims or costs. (including attorneys' fees) arising from DEVF.i OPER'S negligent acts, errors, or omissions with respect to its obligations hereunder or the SITE. This indemnity obligation shall survive the termination of this AGREEMENT. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this AGREEMENT or to the PROJECT, DEVELOPER shall have the option to terminate this AGREEMENT in lieu of its indemnity obligation. G. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPER shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To CDC: Community Development Commission 10 With copy to: To Developer: With copies to: Attn: Brad Raulston, Executive Director 1243 National City Boulevard National City, CA 91950-4301 City of National City Attn: George Eiser, City Attorney 1243 National City Boulevard National City, CA 91950-4301 Marina Gateway Development Company, LLC Attn: MRW Group, Inc., Michael Weber 922 West 23`d Street National City, CA 91.950 MRW Group, Inc. Attn: Ivar Leetma 922 West 23'd Street National City, CA 91950 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. H. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. I. Interpretation The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. J. Entire Agreement, Waivers, and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the 11 provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. K. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. N. Severability In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall takc further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVF.I OPER'S obligations under this AGREEMENT. P. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPER to the CDC with respect to the SITE, the PROJECT or the DEVELOPER may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary and confidential in nature, the CDC agrees to exercise its best efforts to keep such information confidential. 12 IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CTTY By: Ron Morrison, C d Tian ATTEST: By: Brad 1 'cretary APPROVED AS TO FORM: By: ../ George Eiser, 111 CDC Counsel Dated: 7-/9-07 Marina Gateway Development Company, LLC By MRW Group, Inc„ Managing Member By: Its 13 is EXHIBIT "A" RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT (hereafter referred to as "Agreement") is made and entered into as of November 21, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability corporation (hereafter referred to as "Developer"), with respect to the following: RECITALS A. The CDC and the Developer have entered into an Exclusive Negotiate Agreement, dated as of May 19, 2007, for the negotiation of a disposition and development agreement with respect to certain real property in the City of National City known as Assessor Parcel Number 559-118-02 and 559-117-04, 05, 06, 07, 12, 16, 17 (hereafter referred to as "Property"). B. The Developer desires to perform certain predevelopment work consisting of certain tests, studies, and analyses necessary to evaluate the condition of the Property (hereafter referred to as "Predevelopment Work"). C. The CDC wishes to accommodate the Developer's desire to commence the Predevelopment Work on the Property by granting a right of entry to Developer upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Developer and CDC do hereby agree as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the CDC hereby grants to Developer and its employees, agents and contractors the nonexclusive right to enter upon the Property to perform the Predevelopment Work, and for no other purposes without the prior written approval of the CDC's Executive Director or his designee. This Agreement shall automatically terminate and expire three hundred and sixty (360) days from the date of this Agreement. The term of this Agreement may be extended at the sole and absolute discretion of the CDC Executive Director or his designee for an additional period not to exceed one hundred eighty (180) days. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other interest in the Property to the Developer. 2. Agreement. By execution of this Agreement, Developer agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That Developer will not permit any dangerous condition to he created on the Property. -1- EXHIBIT "A" (b) That all acts and things done by Developer on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) That Developer enters the Property entirely at its own cost, risk and expense. (d) That prior to the Developer's entry upon the Property and during the period of this Agreement,. there shall be in effect and shall provide satisfactory evidence to the CDC of the following: a. Workers' compensation insurance as required by law; b. Commercial general liability insurance written on an occurrence basis, with a combined single limit of at least One Million Dollars ($1,000,000) consisting of both bodily injury and property damage coverage; and c. Automobile liability insurance, including liability for all owned, hired and non -owned vehicles, with minimum limits of One Million Dollars ($1,000,000) for bodily injury per person, One Million Dollars ($1,000,000) property damage and One Million Dollars ($1,000,000) combined single limit per occurrence. CDC of National City shall be named as an additional insured under the commercial general liability policy. (e) That Developer shall not permit any mechanics', material men's or other liens of any kind or nature (hereafter referred to as "Liens") to be filed or enforced against the Property in connection with the Predevelopment Work. Developer shall indemnify, defend and hold harmless CDC from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. CDC reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non -responsibility or other notice as may be desirable to protect CDC against liability. In addition to, and not as a limitation of CDC's other rights and remedies under this Agreement, should the Developer fail, within ten (10) days of written request from CDC, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless CDC from and against any loss, damage, injury, liability or claim arising out of a Lien, then CDC, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CDC by the Developer upon written demand. (f) That Developer shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to -2- EXHIBIT "A" this Agreement. Developer shall, at the written request of the CDC, leave the Property in a condition that does not create an unreasonable risk of harm to the public. (g) The Developer shall take all necessary precautions to prevent the import and/or release into the environment of any hazardous materials, which are imported to, in, on or under the Property during the performance of the Predevelopment Work. If hazardous materials are imported onto the Property as a result of the performance of the Predevelopment Work, the Developer shall be solely responsible for removing such imported hazardous materials in conformance with all Governmental Requirements. The Developer shall report to the CDC, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3. Indemnity. Developer hereby agrees to defend, indemnify and hold the CDC and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of Developer or any of its employees, agents, consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of the Developer. 4. Miscellaneous. (a) Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. (b) Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. (c) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (d) Non -Liability of Public Officials. No officer, employee, member, agent or representative of the CDC shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the CDC, or for any amount which may become due to Developer or its successor, or for any breach of any obligation of the terms of this Agreement. -3- EXHIBIT "A" IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. CDC: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: Brad Raulston, Executive Director DEVELOPER: Marina G D •Iopmeut Company, LLC By t' ' '+ I . Managing Member 111, By: Its kfl(fiw )-6S2- t tastarib.er', — }3y, Its JVAit L-?,n vt r SET✓ , -4- EXHIBIT "A" City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February19, 2008 42 AGENDA ITEM NO /ITEM TITLE Report - Bonita Financial Corporation declines an Exclusive Negotiating Agreement for an industrial park on Cleveland Avenue within six months as requested by the Community Development Commission. PREPARED BY Patricia Beard, ext 4255 Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION On March 6, 2007, the Community Development Commission ("CDC") directed staff to issue Owner Participation ("OP") letters to a variety of property owners on Cleveland Avenue, including the owners of APN #s 559-091-03, 11, and 14 (Gerald L. and Barbara J. Myers, and BNSF Railroad). In response to this OP process, Mr. Myres, principal of Bonita Financial Corporation ("BFC") submitted a redevelopment proposal that was highly responsive to community interests. BFC submitted a conceptual proposal to develop an environmentally conscious/"green" Industrial Park consistent with anticipated objectives of the Westside Specific Plan and which is the subject of a Feasibility Study for an Industrial Park west of 1-5. On August 21, 2007 the CDC directed staff to proceed with negotiations and to return with an Exclusive Negotiation Agreement ("ENA") regarding this development proposal within six months. Despite diligent staff efforts, however, BFC declined to pursue the project or enter an ENA. (Please see attached letter from the Attorney for BFC.) Strategic goals 5b and 6d and 8e. � 1 Environmental Review Not applicable. Financial Statement There is no cost associated with this report. Account No STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION Not applicable. 1' ATTACHMENTS I. Letter from Robert Dyer, Attorney at Law Resolution No. FPO Lib UU ATTACHMENT 1 4-a1111 p.:' T EI. GI'H U NF. f(>1.)) :•:.,4 CMAll.' rgdeirgdyerlaa•.ce,r, Ms. Patricia Beard Redevelopment Manager City of National City Community Development 1243 National City Boulevard National City, CA 9195O LAW OFFICF,-. Cn RoBE11T G. DYER ATTORNEY`. AT LAW „•,1' WeS, C STRFLI. •_1:1"_I- ono SAN 7)11'C.O, CA LI1,012NIA f )1?1O1-II5-tO February 6, 2008 VIA FAX 619-336-4286 Re: Exclusive Negotiation Agreement - Gerald Myres near Ms. Beard: F A C'.5.I MI Lc Ir:191 23'1-sl•��' 1 regret to infonn you that Waterfbrd Properties will not he in a position to sign the Exclusive Negotiating Agreement at this time. Waterford continues to desire and plan for the development of its property as has been discussed with you and the City Council previously. I-Iowever, as you arc aware, our development plans are completely tied to the adjoining development by I lone Depot. It is out understanding that the Home Depot project has not been finally approved as yet by Horne Depot. Accordingly, Waterford will not be in a position to move forward without a greater measure of certainty as to Home Depot's plans. In addition, Mr. Myres has accepted an ecclesiastical assignment which will require him to be overseas for at least the next 12 months or so. This will require that any immediate action by Waterford with respect to the Cleveland Ave. property be reassessed in light of Mr. Myres absence from the immediate area in order to determine whether it can proceed without his actual presence here, or will require that he be available and present. We repeat that Waterford and Mr. Myres remain desirous of moving forward with development of the property and regret any inconvenience these developments may cause you. RGD:dcc cc: Mr. Gerald Myres Verytruly yours, Robert G. Dyer 02/06/2008 WED 17:17 I JOB NO. 8658 1 002 ITEM #43 2/19/08 CITY FIRE DEPARTMENT CITY COUNCIL - DECEMBER, 0t 7 • ire dettartt ent Providirt Scup, fire piescerltt®n adze, We ate dedicated to safeguarding the history and; tradit ins and effecting the goals of the Department: We are devoted to serving the community while practicing the core values of communication, commitment, courtesY, ..challenge d collaboration.