Loading...
HomeMy WebLinkAbout2013 11-19 CC HA AGENDA PKTRON MORRISON Mayor L UIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONALCITYCA. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIU COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, NOVEMBER 19, 2013 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body Tess than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 CC/CDC Agenda 11/19/2013 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 11/19/2013 - Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS INTERVIEWS 1 APPOINTMENTS CONSENT CALENDAR 1. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of September 17, 2013. (City Clerk) 2. 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) 3. Resolution of the City Council of the City of National City authorizing the submittal of an application for grant funds for the California Coastal Commission Local Coastal Program (LCP) Grant Program in an amount of up to $100,000 for an update of the National City Local Coastal Program, and authorizing the City Manager to execute a grant agreement and related documents, if approved for funding. (Planning) 4. Resolution of the City Council of the City of National City authorizing the City Manager to execute an agreement for professional services with the City of Chula Vista for staff support to provide geographic information systems (GIS) services to National City in an amount not to exceed $1,800. (Planning) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Safdie Rabines Architects, Inc. to increase the not -to -exceed amount of the Agreement by $150,000 and extend the term of the Agreement from June CC/CDC Agenda 11/19/2013 — Page 4 30, 2013 to December 31, 2014 for architectural and construction support services for the National City Aquatic Center Project. (funded by San Diego Unified Port District CIP). (Engineering) 6. The Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Municipal Employees Association employee group to include a salary band for the newly created classification of Property Agent at $4,499 - $5,468, monthly (range 130). (Human Resources) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute the first amendment to the agreement with the Lew Edwards Group extending the term for one year, increasing the not to exceed amount by $69,500, and amending the scope of services to expand the consulting duties related to the current district sales tax for a total not to exceed amount of $110,550. (Administrative Services) 8. Resolution of the City Council of the City of National City authorizing the donation of a 1989 Seagraves fire engine to Sweetwater High School to provide the Fire Science program with a fire engine that will allow the students to practice skills in a more realistic environment. (Fire) 9. Warrant Register #16 for the period of 10/9/13 through 10/15/13 in the amount of $1,565,124.97. (Finance) 10. Warrant Register #17 for the period of 10/16/13 through 10/22/13 in the amount of $567,071.95. (Finance) PUBLIC HEARINGS 11. Conditional Use Permit for a self storage facility with accessory truck rental located at 1300 Wilson Avenue (Applicant U-Haul) (Case File 2013- 20 CUP) (Planning) ORDINANCES FOR INTRODUCTION 12. An Ordinance of the City Council of the City of National City adopting the 2013 California Fire Code and the Appendices thereto, adopting the National Fire Protection Association Standards, and amending Chapter 15.28 of the National City Municipal Code. (Fire) 13. An Ordinance of the City Council of the City of National City adopting the 2013 California Electrical Code, including Annex H, and the 2011 National Electric Code, and amending certain sections of those codes, and amending Chapter 15.24 of the National City Municipal Code. (Building) CC/CDC Agenda 11/19/2013 —Page 5 14. An Ordinance of the City Council of the City of National City adopting the 2013 California Energy Code, and amending Chapter 15.75 of the National City Municipal Code. (Building) 15. An Ordinance of the City Council of the City of National City, adopting the 2013 California Green Building Standards Code, and amending Chapter 15.78 of the National City Municipal Code. (Building) 16. An Ordinance of the City Council of the City of National City, adopting the California Mechanical Code, including appendix Chapters A, B, C and D, amending certain sections of that code, and amending Chapter 15.14 of the National City Municipal Code. (Building) 17. An Ordinance of the City Council of the City of National City, adopting the 2013 California Plumbing Code and Table 2902.1 of the 2013 California Building Code, amending certain sections of those codes, and amending Chapter 15.20 of the National City Municipal Code. (Building) 18. An Ordinance of the City Council of the City of National City, adopting Volumes I and II and Appendices C, G, H and I of the 2013 California Building Code, amending certain sections of that code, and amending Chapter 15.08 of the National City Municipal Code. (Building) 19. An Ordinance of the City of National City, adopting Appendix J of the 2013 California Building Code, amending certain sections of Appendix J and amending Chapter 15.70 (grading) of the National City Municipal Code. (Engineering) 20. An Ordinance of the City Council of the City of National City, adopting the 2013 California Residential Code, amending certain sections of that Code, and amending Chapter 15.79 of the National City Municipal Code. (Building) 21. An Ordinance of the City Council of the City of National City amending Chapter 15.04 of the National City Municipal Code by amending Section 15.04.010 pertaining to the City Council's authority under Title 15. (Building) ORDINANCES FOR ADOPTION 22. An Ordinance Amending Appendix 'A' of the Westside Specific Plan to add "Self -Storage Facility with Accessory Truck Rental" as a Conditionally - Allowed Use in the Limited Commercial (CL) Zone. (Applicant U-Haul) (Case File 2013-20 SPA) (Planning) NON CONSENT RESOLUTIONS CC/CDC Agenda 11/19/2013 — Page 6 23. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a Self -Storage Facility with Accessory Truck Rental located at 1300 Wilson Avenue. (Applicant: U-Haul/Amerco) (Case File 2013-20 CUP) (Planning) NEW BUSINESS 24. Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for a Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 21, 2013. Applicant anticipates approximately 300- 350 families/children will be attending this year's event. The applicant is requesting a waiver of fees. (Public Works) 25. The Port of San Diego is requesting the use of the Martin Luther King Jr. Community Center (North Room) on Wednesday, December 4, 2013, from 8:00 am to 12:00 noon, for a public forum for approximately 75-100 ,attendees for a special gathering of regional stakeholders to develop a new Port Master Plan. (Public Works) 26. City Council consideration of Electronic ("E") Newsletter Proposal. (City Manager) 27. Information Technology Update. (Administrative Services) 28. Staff Report: Fiscal Year 2013 4th Quarter Budget Review. (Finance) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 29. FY 2014-15 CDBG/HOME Notice of Funding Availability Update. (Housing & Grants) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - December 3, 2013 - 6:00 p.m. - Council Chambers - National City, California. CC/CDC Agenda 11/19/2013 — Page 7 Modified City Council Meeting Schedule for December 23, 2013 until January 6, 2014. December 03 Regular Meeting December 10 Adjourned Regular Meeting (Council Policy Workshop) December 17 Regular Meeting January 07 DISPENSE WITH MEETING January 21 Regular Meeting Item # 1 11/19/13 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 17, 2013. (City Clerk) Book 95 / Page 163 09-17-2013 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 17, 2013 The Regular Meeting of the City Council aid Community Development Commission — Housing Authority of the City of `National City was called to order at 6:05 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Can orrison, Natividad, 2 a. Sotelo-Solis. Administrative Officials present: Cisse , x, Ila, ; use, Mang �; Ilo, Parra, Raulston, Roberts, Rodriguez: ilea, Smith. f d Vergara, Wilms. Others present: City Treasu4cti Beauch ` ; and Student Representative Kane Gillego. PLEDGE OF ALLEG1 . CE TO ON MORRISON PUBLIC ORAL None. PROC PI!I 1. LAMATION A[ oclaiming Se k" PRESENTATIO IN (;'1O,2 2-1) tuber 1,7 through September 23, 2013 as "Constitution CITY COUNCIL PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Employee of the Quarter 2013 — Rustico "Rusty" Aguilar, Custodian PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 3. Recognizing Miguel Diaz, Park Superintendent on his 30 years of service with the City of National City. COUNCIL MEETING PRESENTATIONS 2013 (102-10-8) 4. Unified Port of San Diego Update — Port Commissioner Robert (Dukie) Valderrama Book 95 / Page 164 09-17-2013 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 5. Interviews and Appointments: Various Boards / Commissions / Committees. (City Clerk) TESTIMONY: Arlito Reclosado, William Sendt, Bill Virchis were present for interview. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. through 12 (Resolution Nos. 2013-134 thr, Item Nos. 14 through 16 (Warrant Re Sotelo-Solis, seconded by Rios, to ptl remainder of the Consent Calendar. C APPROVAL OF MINUTES 6. SUBJECT: Approval the City Council and Cori Authority of the City of Na tia(' and the Min the Spec,1 Meet Develop A .' sion — HQusi of Augu ° 2013. Clerk A t�N: App s ' ed. Seeve. CONT 7. idzah ET 'soltil ®' K THE CITY4.:.o ECUTE A`t�e AL SERVI` •�UNITY Y TO IN C DEF FOR A Attorney) ACTIO I : (Minutes), Item Nos. 7 h"2013- Item No. 13 (Report), s), Item No. (TUP). Motion by m Nos. 9 and 17 n to approve the by unanimous vo nutes of t Develop June Ifthe C djourned Regular Meetings of nt Commission — Housing 013 and August 6, 2013 ouncil and Community oftFe City of National City r134. m< ,tION OF THE CITY COUNCIL OF NAL C AUTHORIZING THE MAYOR TO MENDMENT TO THE AGREEMENT FOR ST BEST & KRIEGER, LLP, FOR THE TH ATHLETIC CENTER LEGAL CHALLENGE ASE THE NOT TO EXCEED AMOUNT BY $53,500 T-TO-EXCEED AMOUNT OF $462,500. (City Adopted. See above. POLITICAL SUPPORT ADMIN — INITIATIVES (102-4-1) 8. Resolution No. 2013-135. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A SAFE HARBORS UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. (Human Resources) ACTION: Adopted. See above. Book 95 / Page 165 09-17-2013 CONSENT CALENDAR (cont.) POLITICAL SUPPORT ADMIN — INITIATIVES (102-4-1) 9. Resolution No. 2013-136. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REAFFIRMING THE PHASE III EXPANSION OF THE San Diego CONVENTION CENTER. (City Manager) ACTION: Motion by Sotelo-Solis, secc*ed by Morrison, to adopt the Resolution with an amendment, thclude language from the 2011 Resolution. Carried by the fg vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. si tividad. Absent: None. Abstain: None. CONTRACT (C2013-41) 10. Resolution No. 2013-137. RESOLUTION OF THE C COUNCIL OF THE CITY OF NATIONAL CITY, 1 '` WART . G A CONTRACT IN THE NOT TO EXCEF< AMOUNT >�}'`$3,524,896 0Of�'� TO EC CONSTRUCTORS, I R THE NA CITY AQUATIC CENTER PROJECT, SPECIFICAtI `h1.r 13 04 :2 AUTHORIZING A 15% CONTINGENCY IN THE A11Af - T OF 8528, UNFORESEEN>..CHANGE �}: 734.4E FOR ANYO � $ SAND sITHOR >,� . G THE MAYOR TO EXECUT f 1-IE =ONTRAC s Fun l- i D go Unified Port District CIP) E eerin ACTT N: Ado > e;d. See ENC x <„ T A %i MI '%s 13 (903-14-7) 11. ; eso u o o. 2 -138. °10N OF THE CITY COUNCIL OF '^NAL C ( AUTHORIZING THE MAYOR TO ECUTE AN :. E ACHMENT PERMIT AND AGREEMENT y.,q EEN TH TY ONATIONAL CITY AND NAGRAJ, INC. (APN 55i .10-19), EREBY` ' THE CITY GRANTS AN AERIAL ENCR``. CHMEN OVER A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED AT 179.-IE. PLAZA BOULEVARD. (Engineering) ACT1, Vgpted. See above. CONTRACT (C2013-42) 12. Resolution No. 2013-139. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN INDEMNITY AGREEMENT RELATING TO FIRE/POLICE TRAINING OPERATIONS, BY AND BETWEEN THE CITY OF NATIONAL CITY AND COSTCO WHOLESALE CORPORATION, OWNERS OF THE PROPERTY AT 1001 WEST 19TH STREET, NATIONAL CITY, CA 91950 FOR TRAINING PURPOSES FOR POLICE AND FIRE PERSONNEL IN A VACANT STRUCTURE. (Fire) ACTION: Adopted. See above. 3 Book 95 / Page 166 09-17-2013 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2013 — 2014 (204-1-29) 13. National City Sales Tax Update Newsletter — First Quarter 2013. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2013 —JUNE 2014 (2O -28) 14. Warrant Register #7 for the period of 8/7/13 c&igh 8/13/13 in the amount of $277,968.12. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2013 — J < !2014 (202-1— ) 15. Warrant Register #8 for the _od of 8/14/13 thr amount of $1,826,586.12. (Fina ACTION: Ratified. See abo WARRANT REGISTER JUL' 16. Warrant Register #9 for' amount of $1,358,498.86. ACTI ' _..Ratified. 17. Tempora City of Natio ate •Polic -JUNE 20 202-1-28) i . ,iod of 01 /13 through 8/27/13 in the J 8/20/13 in the e of the City Address sponsored by the 013 from 5pm to 8pm at Cornerstone ad. This is a City -sponsored event 804. hood Services) by Na dad, seconded by Sotelo-Solis, to ication for a Tem•ora Use Permit. Carried by ORDINANCI'OR ADO eV ON MUNICIPAL COD ! J 06-2-28) 18. AN ORDINA OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 18.30.360 AND 18.41.020 (C) OF TITLE 18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS AND DRIVE -THROUGH BUSINESS DESIGN GUIDELINES. (Applicant: The Focus Group) (Case File 2013-12 A) (Planning) RECOMMENDATION: Approve the Ordinance. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Cano, to adopt the Ordinance. Carried by unanimous vote. Book 95 / Page 167 09-17-2013 NEW BUSINESS TEMPORARY USE PERMITS 2013 (203-1-29) 19. Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Catholic Church on October 6, 2013 at the parish grounds located between E. 8th Street and 'E' Avenue from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Applica,,i p for a Temporary Use Permit subject to compliance with all condifclf'A3of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Sote s$o is, seco `red by Natividad, to approve staff recommendati�h Carried by uri nimous vote. CITY MANAGER / REPORTS ADMIN 4-1-12) 20. Staff Update — City Council appr u: 2013r D18 Strate„Plan. (City Manager) RECOMMENDATION!, tye and file TESTIMONY: Inc vtdtt efforts wee h. even by staff outlining the nd fiiis to implement Strategic =OM 21. Staff of Natio current and future Ilk p Plan Ives. ��s AC action was IVIMUNITii'DEVELC TENT COMMISSION — HOUSINGTAUTHMTY OF TfitCITY OF NATIONAL CITY NO AG 1 s AITEMS outline and timeline for the development of the City Year Operating Plan. (Administrative Services) POLICE DEPT ADM j ° 02-4-1) 21 a. Mid -Year Crime Report. (Police) (Presentation on file in the Office of the City Clerk) PUBLIC WORKS DEPT ADMIN (1104-1-11) 21b. Back -Flow Problem. (Public Works) Public Works Director Joe Smith reported on the theft of the back -flow water system that services City Hall and the resulting impacts and repairs. 5 Book 95 / Page 168 09-17-2013 MAYOR AND CITY COUNCIL BOARDS & COMMISSIONS ADMIN (101-1-1) 22. Discussion on the formation of a Military Advisory Committee. (Councilmember Rios) ACTION: No action taken. Council Members Rios and Sotelo-Solis to work together to refine possible purpose and framework for consideration at a later date. City Treasurer Beauchamp advised that a his b t, I PCC train car has been donated and will be moved to the Santa Fe r,. Beauchamp expressed his concerns about the potential effects of.sea''level rise Rt the City. Sotelo-Solis requested consideration; 'iwen to working withy first Friday Care Giver Support Group similar to their=artnership with Sheffs, Department. Council Member Sotelo-Solis inquired aboitrithe possibility of an'brdinance on e- cigarettes and the status of theyood truck issue sx4: Council Member Rios advised "te-cigarf pusiness has opened on 8th Street and recommended that st Mayor Morrison "ire ' taff that plans to open;f:. ationa ; sugg doing with food > s and ' vised th appointed to the Calfornia sal Com CLOSED SESSION REPORT City.Attorney Claudia Silva stated there was nothing to report from the Closed Session(See attach Exhib'i 44. 'Sie1k a n e-cigarette store that gat w gok at what other cities are ounty Supervisor Greg Cox has been lion. Mayor M s n requesf a mori'ient of silence for victims of the Washington, D.C. Navy y ,; hooting. ADJOURNMEN Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, October 1, 2013 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:46 p.m. 6 Book 95 / Page 169 09-17-2013 City Clerk The foregoing minutes were approved at the Re Meeting of November 19, 2013. 9 ROLL CALL CLOSED SESSION EXHIBIT 'L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATI 1. Conference withMegal Co i s L— Existin Litigation ,QsavI nt Co,o <fsab`ef Nailla tv. City gt tionalCity , .. an Diego Superior Court Case No.3 120'13-00030288 Main Conference Ro Civic Center',,,,,. 1243 National City Bolulevard National City,:tCalifornia ADJOURNMENT Next '` War Meeting f} the City Council and Community Development Commission — Housing ':ithority of t eOity of National City — Tuesday, September 17, 2013, 6:00 p.m., Council Ch p rs, '-nal City, California. ITEM # 2 11/19/13 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) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 3 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the submittal of an application for grant funds for the California Coastal Commission Local Coastal Program (LCP) Grant Program in an amount of up to $100,000 for an update of the National City Local Coastal Program, and authorizing the City Manager to execute a grant agreement and related documents, if approved for funding. PREPARED BY: Raymond PeDEPARTMENT: PInD,i�rision PHONE: 619-336-4421 APPROVED BY: EXPLANATION: The purpose of the California Coastal Commission LCP grants is to support local coastal planning to develop new LCPs for certification in areas that are not currently certified or to update existing certified LCPs to reflect new information and changed conditions, especially in light of the effects of climate change, in a manner fully consistent with the policies of the California Coastal Act. The National City General Plan and Land Use Code were comprehensively update in 2011. The National City LCP is an implementing program that was not updated at the time of the General Plan and Land Use Code updates. An update of the LCP will insure consistency with the previously adopted comprehensive land use updates and allow for policy implementation within the City's coastal zone pursuant to the California Coastal Act. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS No financial impact at this time; staff will return to Council at a later date to accept the grant (if approved for funding) and appropriate funds. ENVIRONMENTAL REVIEW: Not Applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Grant Program Announcement STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOIERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 200D SAN FRANCISCO, CA 94105- 2219 VOICE (415) 904- 5200 FAX (415) 904- 5400 TDD (415) 597-5885 CALIFORNIA COASTAL COMMISSION LCP PLANNING GRANT PROGRAM ANNOUNCEMENT & APPLICATION INSTRUCTIONS SEPTEMBER 5, 2013 The California Coastal Commission announces the availability of Fiscal Year 2013-2014 grants to support local government development or update of their Local Coastal Programs (LCPs) under the Califomia Coastal Act to conserve and protect coastal resources with special emphasis on addressing impacts from climate change and sea -level rise. The grant application form is available here: http://www.coastal.ca.govilcp/lcpgrantprogram.html. PURPOSE OF GRANTS 1 BACKGROUND 2 SUBMISSION DEADLINES 3 SUBMISSION REQUIREMENTS 3 GRANT AMOUNTS 4 ELIGIBLE APPLICANTS 5 ELIGIBLE PROJECTS 5 PROJECT SELECTION CRITERIA AND PROCESS 5 COMMISSION APPROVAL OF GRANT AWARDS 8 GRANT ADMINISTRATION 8 HELPFUL RELATED MATERIALS 8 QUESTIONS 9 PURPOSE OF GRANTS The purpose of these grants is to support local coastal planning to develop new LCPs for certification in areas that are not currently certified, or to update existing certified LCPs to reflect new information and changed conditions, especially in light of the effects of climate change, in a manner fully consistent with the policies of the California Coastal Act. LCP completions and updates to include policies and implementing ordinances that address sea -level rise and other climate change impacts will be given special consideration. LCP Grant Application Form FY 13-14 The Commission staff is available to work with local governments and to assist you during the application process. For staff contact information, please see page 9. BACKGROUND The LCP Program is an essential component of the California Coastal Act. LCPs implement the statewide goals and policies of the Coastal Act at the local level. LCPs are required by the Coastal Act for each coastal jurisdiction. LCPs must specify the kind, location, and intensity of land uses, the applicable resource protection and development policies and implementing ordinances, and must be developed with the widest opportunity for public participation. LCPs and LCP update amendments are developed by local governments, and, once certified by the Commission, the local government assumes responsibility for issuance of most coastal development permits pursuant to the certified LCP. The Commission retains some continuing permit authority and authority to hear appeals of some local coastal permits acted on by local government. Goal 4 of the Commission's adopted Strategic Plan' is to strengthen the LCP Program. One important way to do this is to complete the certification of LCPs. While most of the coast (approximately 85% of the geographic area) is governed by a certified LCP, there are some remaining uncertified areas. When these areas become certified, local government would assume responsibility for issuing most coastal development permits in these areas. This would allow local government more control and input with respect to coastal regulation, while at the same time allowing the Commission to focus more resources on assisting with matters of statewide significance and oversight, including with respect to ongoing review and coordination with local governments on LCP update and implementation. Many important public access, coastal resource protection, and priority coastal development issues remain to be more comprehensively addressed by an updated LCP in these areas, as contemplated by the Coastal Act. In addition to the areas that are not yet certified, many of the LCPs that were certified in the 1980s and 1990s are out of date and would benefit from updating to reflect changed conditions, new information and knowledge, and new programs and policies, especially those related to climate change and sea -level rise. Updated LCPs provide more certainty for economic development and enable stronger coastal resource protection in light of current environmental conditions and other factors. Financial assistance has, and will continue to be, a critical means to assist local governments in their coastal planning. Such financial assistance can serve as an incentive for local governments to undertake such planning work. However, with available funds limited, it is essential that the Commission gives emphasis to producing the most value for these funds. The proposals for these I California Coastal Commission, Strategic Plan 2013-2018, Approved April 2013. Accessed on 8/1/2013 at http://www.coastal.ca.gov%California%20Coastal%20Commission%20Final%20Strategic%20Plan%202013- 2018.pdf 2 LCP Grant Application Form FY 13-14 LCP grant funds will require a complete work program, benchmarks and a schedule for completion of the LCP planning work. The Commission will review and approve the recommended award of any grant funds, and the proposed work programs will be part of that future action. Thus, as proposed, this grant program will facilitate the completion and update of LCPs consistent with the provisions of the Coastal Act and California Code of Regulations. SUBMISSION DEADLINES Applications are due November 22, 2013. Application packets must be RECEIVED by 5 pm, November 22, 2013. Proposals must be emailed or mailed; faxed responses will not be considered. If the governing body of an applicant cannot adopt a resolution similar to Attachment A of the application by this date, the applicant can submit the proposal with a draft resolution, provide a date for when the governing body will consider adoption of the resolution and submit the adopted resolution by 5 pm, December 19, 2013. All other materials must be submitted by the November 22, 2013 deadline. Applications will not be deemed complete until an adopted resolution is received. Applications that do not contain a final, adopted resolution by 5 pm, December 19, 2013 will not be considered for funding. The Commission plans to award grants in early 2014. SUBMISSION REQUIREMENTS The grant application must include the Application Form, Project Description, Work Program, Budget, Schedule, and a resolution from the applicant's governing body (either adopted or noting when adoption will occur). The application form can be downloaded here: http://www.coastal.ca.gov/lcps/LCPGrantProgram.html. The application must include a resolution adopted by the governing authority. A sample resolution is available in Attachment A of the Application Form. Please submit the completed application form, including all attachments, via email to LCPGrantProgram@,coastal.ca.gov. Submit all application materials in a single PDF document AND submit the application form in a word document. If you are unable to submit via email, you may mail a CD and hard copy to: Hilary Papendick Statewide LCP Grant Coordinator California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105 (415)-904-5294 Please note: all information that you submit is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All documents 3 LCP Grant Application Form FY 13-14 submitted will be considered a public record upon submittal. Please indicate if credit is requested for any photos and/or maps. APPLICATION MATERIALS A complete grant application package will consist of the following materials: 1. The Application Summary (see attached form). 2. A Project Description (written in 12-point font) of no more than 5-7 pages, single-spaced, including the following information, organized under subheadings to describe how the proposed project will address the grant priorities and criteria: (a) The goals and objectives of your project, how you will accomplish each objective, and how your objectives will accomplish your goals. (Objectives should be simple, understandable and as specific and measurable as possible). (b) Project details, including a specific description of how the project will be carried out, including specific plans for community outreach and how the project will address grant priorities and criteria (see page 6). Also, please include a description of the factors that will ensure the successful completion and implementation of the project. (c) Information on the need for the requested funding, including a description of any other resources that are available and/or that will be applied to the project. If the project is expected to continue beyond the end of this grant term, explain the longer -term funding plan. 3. A Work Program, Budget and Schedule for the project, with benchmarks for reporting. (Bear in mind that funds will not be available until early spring 2014 and some work tasks must be scheduled to begin on or before April 30, 2014.) Please include: a. Description of tasks, cost of tasks, products and schedule; and b. Description of any applicable work product benchmark and projected status reports. (See the sample Application Budget Form.) 4. A resolution from the applicant's governing body that contains the following authorizations: 1) authority to submit the proposal, 2) authority to enter into a contract with the Califomia Coastal Commission if the grant is awarded, and 3) designation of the applicant's authorized representative (name and title). Resolutions should also contain clear statements of commitment to full completion of the intended grant process, including submission of applicable LCP products (LCP submittal or amendment) to the Commission for review. GRANT AMOUNTS A total of $1,000,000 is available for awards through this competitive grant program for FY 2013-2014. There are no established minimum or maximum grant amounts. Based on prior grant experience, we expect the applications to range in amount from $50,000 to $300,000 and that the number and total dollar amount of the applications will exceed the available funds. Awards may be offered for less than an applicant requests. It is anticipated, but not guaranteed, that an additional round of grants for at least $1,000,000 will be available in FY 2014-2015. 4 LCP Grant Application Form FY 13-14 ELIGIBLE APPLICANTS Local governments in the coastal zone are the only eligible applicants. These grants are intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs under the Coastal Act. Based on the appropriation, other entities with authority for developing and amending other plans under the Coastal Act, such as Port Master Plans, Public Works Plans or University Long Range Development Plans are not eligible. ELIGIBLE PROJECTS Pursuant to the Commission's LCP Grant Program adopted priorities [see http://documents.coastal.ca.gov/reports/2013/8/W31b-8-2013.pdf], projects may include: • Completion of land use plan and/or zoning work to achieve certification of a Local Coastal Program (LCP) or an Area of Deferred Certification (ADC) resulting in the new transfer of coastal development permit authority to the local government in these areas; • Planning and/or zoning work to significantly update certified LCPs or LCP segments in whole or in part to reflect changed conditions, new information and scientific knowledge, new programs and policies, or other significant changed circumstances. • LCPs and Updates that address the effects of climate change, such as sea -level rise, will be given special consideration. • Completion of updated resource studies or other potential components needed to complete an LCP submittal or LCP amendment may only be eligible if they are part of an LCP Amendment or submittal that otherwise ranks high on the criteria for grant awards, such as a high likelihood of success to address an important coastal resource issue or set of issues. Because the funds were appropriated to focus on LCP completion and update, project -specific LCP Amendments are not eligible for these grants unless such proposals will result in certification of an LCP for a complete ADC or complete LCP segment. PROJECT SELECTION CRITERIA AND PROCESS APPLICATION REVIEW Completed proposals received by November 22, 2013 will be evaluated by a committee of Commission staff. Proposals lacking final adopted resolutions will be reviewed, but will not be considered for funding absent submittal of a final, adopted resolution by December 19, 2013. As a competitive grant program, Commission staff will review and evaluate the applications based on the project's relative significance and how well it meets the Selection Criteria stated below. Commission staff will prepare a listing of all applications received and recommendations for award of grants to the Coastal Commission for review and action at a public hearing in January 5 LCP Grant Application Form FY 13-14 or February 2014. Applicants may be contacted to provide additional information during the review process. Commission staff may seek assistance in evaluating the proposals from individuals and/or technical experts with pertinent expertise from other governmental agencies. The level of funding that staff will recommend to the Commission for a particular award will be determined by evaluating the grant requests against other considerations including: • the amount of available grant funds ($1,000,000) and the number of competing proposals; • the sequence of tasks and likelihood of timely completion of the work program; • the necessity of each task; and, • the reasonableness of costs proposed for specific tasks. The Commission will base the size of the recommended award on each project's needs, its overall benefits, and the extent of competing demands for funds. SELECTION CRITERIA Applications for FY 13-14 LCP planning grants will be evaluated for their ability to complete or update an LCP. Projects selected for funding will be those that best meet the Commission's following adopted criteria: • Public Benefit/Significance The Commission will consider the extent to which the proposed LCP planning effort will address issues of statewide significance and maximize public benefits of the coast. These can include: preserving and enhancing coastal habitat, protecting, providing and enhancing public access, protecting priority land uses such as agriculture, coastal dependent development or recreation, Smart Growth and sustainable development initiatives, protecting and providing lower cost visitor and recreational opportunities, and addressing climate change and sea -level rise. Provisions for citizen participation must be a part of the work program. • Relative Need for LCP Update/Extent of Update The Commission will consider the relative need for an LCP update, considering the length of time since an LCP or LCP segment has been updated and the significance of the issues proposed to be updated. In addition, the extent or scope of an update is an important consideration, with higher priority being placed on proposed updates of greater extent/scope, such as a complete LCP update, or an update that results in comprehensive updating of one or more policy areas or a geographic sub -area. Applicants will be asked to demonstrate how the proposed project will be effective in conserving and protecting coastal resources, and how the proposed project builds upon or complements existing efforts that may be underway or completed for their local jurisdiction. • Addressing the Effects of Climate Change Climate change is one of the most significant policy areas to emerge since many LCPs have been certified. The Commission is seeking LCP development and updates that address the effects of climate change, including sea -level rise and other coastal hazards, as well as other issue areas affected by climate change, such has changes in habitat, fire hazards, and transportation and land 6 LCP Grant Application Form FY 13-14 use policy to facilitate reductions in greenhouse gas emissions and vehicle miles travelled. Special consideration will be given to proposals that address this policy area. • Likelihood of Success/Effectiveness An applicant will need to specifically explain how this grant will support development, or update of an LCP. The applicant should describe the complete planning process, steps or mechanisms for coordination with the Coastal Commission, and how this grant would advance that process. Applicants should provide a detailed timeline for implementation of the project and identify the specific elements of their LCP that they expect to update through this work. If your jurisdiction previously received LCP grant funds but are not yet certified, please explain why current circumstances make the success of this planning effort more likely. The Commission will consider the likelihood of success of each proposal, including evaluating the practicality, feasibility, and effectiveness of a proposed work program that may lead to successful implementation. Proposals should address the mechanisms for coordination with the public and with the Coastal Commission, and provide for practicable benchmarks for LCP amendment development and review. Other material in support of these criteria may include resolutions of intent and endorsement for the proposed work, matching funds or other complementary efforts (see below), that may signal broad support for the planning effort and that may affect the likelihood that an LCP amendment will be successfully completed. Applicants will be asked to describe any LCP and related planning work that has been initiated or is already underway at the local level and how this grant program is needed to substantially further that effort. For new LCP development, the local government should demonstrate its willingness and capacity to assume local coastal development permit processing. Some areas of the coastal zone remain uncertified because the Commission and local government have been unable to reach agreement on the resolution of issues, or an issue is particularly intractable. When reviewing applications, the Commission will consider the likelihood that such areas and specific policy questions can be successfully addressed, leading to certification of the area. • Workload The Commission will consider the level of existing permit workload generated by uncertified jurisdictions and thus the relative statewide benefits of certification of any particular jurisdiction. • Project Integration/Leverage/Matching Funds Grant amounts will be limited and the ability to leverage other resources, provide matching funds or commit significant in -kind resources that could help support a comprehensive LCP certification effort or update will be considered. The Commission will consider the relationship of the LCP work program to other planning work being undertaken by the jurisdiction. Applicants will be asked to describe any other related grants awarded or applied for (such as through the Ocean Protection Council, Coastal Conservancy or the Strategic Growth Council) that may support the LCP planning work and any availability and amount of local matching funds. Applicants will need to demonstrate their capacity to achieve the proposed work, including identifying key staff and other resources that will be committed to the project. However, the matching funds criteria may be waived for communities that demonstrate hardship. Such communities should explain the circumstances for such consideration. 7 LCP Grant Application Form FY 13-14 COMMISSION APPROVAL OF GRANT AWARDS Projects recommended for funding are subject to Coastal Commission approval. Project funding will not be available until after approval of the grant award by the Commission at a noticed public meeting, and upon the execution of a funding contract between the Commission and the grantee. The earliest possible Commission meeting at which projects will be considered is January 2014. GRANT ADMINISTRATION 1. Commission. The Coastal Commission will draft and execute the contracts and review, and approve and process invoices under the contracts. The Commission will also appoint an LCP grants project representative to function as the main point of contact for grantees. 2. Grantee. The grantee must assume responsibility for administering the project, including: employing any necessary staff or consultants, maintaining complete accounting and time records, and providing fiscal management. The grantee must designate a project director. The project director may be a staff member of the applicant agency or an elected official. The project director will be the main point of contact for the Commission and will be responsible for reviewing and signing the work products prepared as part of the program. If awarded a grant, all contracts with the state, and any subcontract under the grant, must comply with all provisions of the State Public Contract Code, State Administrative Manual, and the State Contracting Manual (see Application, Attachment C for a sample contract, including contract terms and conditions). 3. Payment. Grant funds will not be available in advance of expenditures. Expenses will be paid in arrears no more than once per month upon submission of an approved invoice by the grantee. Reimbursement will be dependent upon successful completion of work benchmarks detailed in the contract. Based on work program and budget, grant reimbursements may be made up to 80% of the grant award pending final completion of the contract. 4. Schedule. Because the funds for these grants were appropriated in FY 2013-2014, which ends on June 30, 2014, proposals must include work tasks that begin on or before April 30, 2014. Grantees will have two years to complete tasks, and must be completed by April 30, 2016. HELPFUL RELATED MATERIALS The California Coastal Act and California Code of Regulations may be accessed from the Coastal Commission website at: http://www.coastal.ca.gov/ccatc.html#otherlegislation Information on Updating the LCP can be reviewed at: http://www.coastal.ca.gov/la/landx.html Information on LCP status and history can be reviewed at: http://www.coastal.ca.gov/lcps.html 8 LCP Grant Application Form FY 13-14 QUESTIONS Coastal Commission staff are pleased to assist local governments during preparation of LCP grant applications. Please send questions on the grant application process to Hilary Papendick, Statewide LCP Grant Coordinator, via email at LCPGrantProgram(&coastal.ca.gov, (415) 904-5294. A frequently asked questions document will be posted to the Coastal Commission website. Questions regarding the LCP process and update approach should be directed to the relevant Coastal Commission district contact person, via phone or email. LCP Grant contacts for the district offices are listed below. LCP GRANT DISTRICT CONTACT INFORMATION North Coast (Del Norte, Humboldt, Mendocino Counties) Alison Dettmer, Deputy Director Email: Alison.Dettmer@coastal.ca.gov, Phone: (415) 904-5200 Bob Merrill, District Manager Email: Bob.Merrill(cticoastal.ca.gov, Phone: (707) 826-8950 North Central Coast (Sonoma, Marin, San Francisco, San Mateo Counties) Dan Carl, Deputy Director Email: Dan.Carl(a),coastal.ca.gov, Phone: (831) 427-4863 - Madeline Cavalieri, District Manager Email: Madeline.Cavalieri(acoastal.ca.gov, Phone: (831) 427-4863 Central Coast (Santa Cruz, Monterey, San Luis Obispo Counties) - Dan Carl, Deputy Director Email: Dan.Carl@coastal.ca.gov, Phone: (831) 427-4863 Madeline Cavalieri, District Manager Email: Madeline.Cavalieri(a,coastal.ca.gov, Phone: (831) 427-4863 South Central Coast (Santa Barbara and Ventura Counties, and the Malibu portion of Los Angeles Counties) - John (Jack) Ainsworth, Senior Deputy Director Email: John.AinsworthAcoastal.ca.gov, Phone: (805) 585-1800 - Steve Hudson, District Manager Email: Steve.HudsonAcoastal.ca.gov, Phone: (805) 585-1800 South Coast (Los Angeles (except Malibu) and Orange Counties) - John (Jack) Ainsworth, Senior Deputy Director Email: John.Ainsworth(&,,coastal.ca.gov, Phone: (562) 590-5071 9 LCP Grant Application Form FY 13-14 Sherilyn Sarb, Deputy Director Email: Sherilyn.Sarbc coastal.ca.gov, Phone: (562) 590-5071 - Teresa Henry, District Manager Email: Teresa.Henry@coastal.ca.gov, Phone: (562) 590-5071 San Diego (San Diego County) - Sherilyn Sarb, Deputy Director Email: Sherilyn.Sarb@coastal.ca.gov, Phone: (619) 767-2370 - Deborah Lee, District Manager Email: Deborah.Lee(a),coastal.ca.gov, Phone: (619) 767-2370 ALTERNATE CONTACT Liz Fuchs, Manager, Statewide Planning (Available after September 206) Email: Elizabeth.Fuchs(acoastal.ca.gov, Phone: (415) 904-5287 10 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS TO THE CALIFORNIA COASTAL COMMISSION LOCAL COASTAL PROGRAM (LCP) GRANT PROGRAM FOR AN AMOUNT UP TO $100,000 TO UPDATE THE NATIONAL CITY LOCAL COASTAL PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND RELATED DOCUMENTS IF THE CITY'S GRANT APPLICATION IS APPROVED FOR FUNDING WHEREAS, the purpose of the California Coastal Commission Local Coastal Program ("LCP") grant is to support local coastal planning to develop new LCP's for certification in areas that are not currently certified or to update existing certified LCP's to reflect new information and changed conditions, especially in light of the effects of climate change, in a manner fully consistent with the policies of the California Coastal Act; and WHEREAS, because the National City LCP was not updated at the time of the General Plan and Land Use Code updates, an update of the City's LCP will insure consistency with the previously adopted comprehensive land use updates and allow for policy implementation within the City's coastal zone pursuant to the California Coastal Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an application for grant funds to the California Coastal Commission Local Coastal Program Grant Program for an amount up to $100,000 to update the National City Local Coastal Program. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a grant agreement and related documents if National City's grant application is approved for funding. PASSED and ADOPTED this 19th day of November, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute an agreement for professional services with the City of Chula Vista for staff support to provide geographic information systems (GIS) services to National City in an amount not to exceed $1,800. PREPARED BY: Raymond PHONE: 336-4421 DEPARTMENT: Plann' 'on APPROVED BYT1K- EXPLANATION: The agreement for professional services would allow the City of Chula Vista to provide GIS services under the general direction of National City's Manager of Information Technology Services. The services include identifying data layers needed for an online GIS viewer, compiling these layers into GIS map documents, publication of web -based map services, modifying layers to include local data, training staff on the use of the GIS viewer, managing and hosting the viewer, periodically updating data layers and the viewer as determined by National City staff, and developing any additional GIS maps or data layers as needed. The services to be provided require special technical expertise and staff resources that are not available in-house. Chula Vista has the capacity to provide the needed resources through the GIS Division of their Information Technology Services Department. In addition, the costs of managing and hosting an online service are minimized by using existing services through the City of Chula Vista. Although the not -to -exceed amount of $1,800 is within the signing authority of the City Manager, the agreement must go before the City Council for approval pursuant to Administrative Policy 2.01 since the City of National City would be agreeing to defend and indemnify the City of Chula Vista under the agreement. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-299-0000 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Proposed Agreement Attachment 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY THIS AGREEMENT is entered into by and between the City of Chula Vista ("CHULA VISTA"), a charter city and Municipal Corporation, and the City of National City ("NATIONAL CITY"), a general law city and Municipal Corporation, dated November 19, 2013, for the purposes of reference only, and is made in reference to the following facts: WHEREAS, NATIONAL CITY desires to employ the services of CHULA VISTA to provide GEOGRAPHIC INFORMATION SYSTEMS (GIS) services to NATIONAL CITY. WHEREAS, CHULA VISTA is experienced in GEOGRAPHIC INFORMATION SYSTEMS (GIS) and is fully qualified to provide the assistance sought by NATIONAL CITY. THEREFORE, IT IS AGREED AS FOLLOWS: 1. TERMS OF AGREEMENT 1.1 This AGREEMENT shall be effective on and from the day, month and year of the execution of this AGREEMENT by NATIONAL CITY'S City Manager. 1.2 CHULA VISTA shall commence the performance of its obligations under this AGREEMENT upon the effective date of this AGREEMENT and shall continue through June 30, 2014 unless this AGREEMENT is otherwise terminated or extended. 2. SCOPE OF WORK 2.1 Described Services. During the term of this AGREEMENT, CHULA VISTA will provide the following services under the general direction of NATIONAL CITY'S Manager of INFORMATION TECHNOLOGY SERVICES ("DESCRIBED SERVICES"): Task A. Meet with National City staff to identify GIS layers needed for new GIS Viewer. Compile these layers into GIS ArcMap document and publish document as web based map service. Task B. Modify GIS Viewer to include National City data and map service referenced in Task A above. Task C. Provide training for up to 25 National City staff on use of GIS Viewer. Task D. Manage and host the GIS Viewer. Task E. Periodically update GIS Viewer with most recent GIS data available. National City staff will determine frequency of updates needed. -1- Task F. Develop additional GIS maps or data layers as needed. 3. ADDITIONAL DUTIES CHULA VISTA shall not perform work in excess of the DESCRIBED SERVICES without the prior, written approval of NATIONAL CITY'S Manager of INFORMATION TECHNOLOGY SERVICES and CHULA VISTA'S Director of INFORMATION TECHNOLOGY SERVICES. All additions to the Scope of Work shall be mutually agreed upon and in writing, signed by the appropriate parties prior to the commencement of any additional duties. 4. NO ASSIGNMENT OF DUTIES The duties in the described scope of work are personal to CHULA VISTA and may not be assigned or subcontracted to a third party without the prior written approval of NATIONAL CITY'S Manager of INFORMATION TECHNOLOGY SERVICES. CHULA VISTA shall provide the names of the individuals assigned to perform the work pursuant to this AGREEMENT. Any changes in the individual(s) who will be assigned by CHULA VISTA to perform these services shall be subject to approval by NATIONAL CITYS Manager of INFORMATION TECHNOLOGY SERVICES. 5. CONFIDENTIALITY OF INFORMATION The parties recognize that much of the information to which access is granted may be confidential in nature. As such, CHULA VISTA agrees not to disclose this information to unauthorized persons without the prior written consent of the NATIONAL CITY'S Manager of INFORMATION TECHNOLOGY SERVICES, unless otherwise required by law or a court order. All work performed by CHULA VISTA including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by CHULA VISTA pursuant to this AGREEMENT is for the sole use of NATIONAL CITY. 6. PAYMENT FOR DESCRIBED SERVICES NATIONAL CITY shall pay CHULA VISTA the sum of $ 67 per hour. In order for payment to be made, CHULA VISTA shall submit detailed monthly invoices to NATIONAL CITY that shall include the number of hours for which it has provided consulting services. Payment shall be made on a monthly basis within forty-five (45) days of NATIONAL CITY'S receipt of CHULA VISTA'S invoice. Chula Vista will also manage and host National City's GIS Viewer for an additional $150 per month. The total of payments shall not exceed $1,800 for the term of this Agreement. 7. TERMINATION 7.1 Termination for Cause. Both Parties shall have the right to, without advance notice to the other Party, terminate this AGREEMENT for cause at any time. In the event either Party terminates this AGREEMENT, CHULA VISTA shall submit a detailed invoice for services already performed. Payment for services performed shall be made within thirty (30) days of a receipt of CHULA VISTA'S invoice for services. -2- 7.2 Termination for Convenience. Both Parties shall have the right to terminate this AGREEMENT without cause at any time by providing two weeks notice in writing to the other Party. In the event NATIONAL CITY terminates this AGREEMENT, CHULA VISTA shall submit a detailed invoice for services already performed. Payment for services performed shall be made within thirty (30) days of a receipt of CHULA VISTA'S invoice for services. 8. STATUS OF CHULA VISTA NATIONAL CITY and the CHULA VISTA recognize and acknowledge the relationship as that of independent contractor. CHULA VISTA shall perform the DESCRIBED SERVICES in a manner of CHULA VISTA'S own choice, as an independent contractor, and not as an employee of NATIONAL CITY. Under no circumstances shall the designated employee from CHULA VISTA represent him/herself as an employee of NATIONAL CITY. 9. CONTROL Neither NATIONAL CITY nor its officers, agents or employees shall have any control over the conduct of CHULA VISTA or any of CHULA VISTA'S employees except as set forth in this AGREEMENT, and CHULA VISTA expressly agrees not to represent that CHULA VISTA or CHULA VISTA's agents, servants, or employees are in any manner agents, servants or employees of NATIONAL CITY, it being understood that CHULA VISTA, its agents, servants, and employees are as to NATIONAL CITY wholly independent and that CHULA VISTA's obligations to NATIONAL CITY are solely such as are prescribed by this AGREEMENT. 10. INDEMNITY 10.1 Claims Arising From Sole Acts or Omissions of NATIONAL CITY. NATIONAL CITY agrees to defend and indemnify CHULA VISTA, and its agents, officers and employees, from any claim, action or proceeding against CHULA VISTA, arising solely out of the acts or omissions of NATIONAL CITY in the performance of this AGREEMENT. At its sole discretion, CHULA VISTA may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve NATIONAL CITY of any obligation imposed by this AGREEMENT. CHULA VISTA shall promptly notify NATIONAL CITY of any claim, action or proceeding and cooperate fully in the defense. 10.2 Claims Arising From Sole Acts or Omissions of CHULA VISTA. CHULA VISTA hereby agrees to defend and indemnify NATIONAL CITY, and its respective agents, officers and employees, from any claim, action or proceeding against NATIONAL CITY, arising solely out of the negligent acts or omissions or willful misconduct of CHULA VISTA in the performance of the SCOPE OF WORK or ADDITIONAL SERVICES covered by this AGREEMENT. At its sole discretion, NATIONAL CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve CHULA VISTA of any obligation imposed by this AGREEMENT. NATIONAL CITY shall promptly notify CHULA VISTA of any claim, action or proceeding and cooperate fully in the defense. -3- 10.3 Claims Arising From Concurrent Acts or Omissions. CHULA VISTA agrees to defend itself and NATIONAL CITY agrees to defend itself, from any claim, action or proceeding arising out of the concurrent negligent acts or omissions or willful misconduct of CHULA VISTA and NATIONAL CITY. In such cases, CHULA VISTA and NATIONAL CITY agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in subsection 10.5, below. 10.4 Joint Defense. Notwithstanding subsection 10.3, above, in cases where CHULA VISTA and NATIONAL CITY agree in writing to a joint defense, CHULA VISTA and NATIONAL CITY may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of CHULA VISTA and NATIONAL CITY. Joint defense counsel shall be selected by mutual agreement of the parties. The parties further agree that no party may bind the other party to a settlement agreement without the written consent of the other party. 10.5 Reimbursement and/or Reallocation. Where a final judgment' of a court award allocates or determines the comparative fault of the parties, CHULA VISTA and NATIONAL CITY may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10.6 Limitation of Liability. Other than claims for physical injury to person or property, each Party's liability under this Agreement shall be limited to the contract amount identified in Section 6, above. In addition, the Parties acknowledge that each Party's liability under this AGREEMENT shall be limited to actual damages only and that the Parties shall have no obligation or liability for general or special damages. 10.7 Survival. A Party's obligations under this Indemnity section shall survive the termination of this AGREEMENT. 11. ATTORNEYS' FEES Should any party commence any legal action or proceeding against another based upon this AGREEMENT, the prevailing party shall be entitled to an award of reasonable attorneys' fees and all costs incurred in the investigation and prosecution or defense of any such action. 12. INSURANCE CHULA VISTA shall provide its own liability insurance, including automobile liability insurance, health, disability and other insurance. CHULA VISTA shall not be responsible for insurance coverage for NATIONAL CITY'S employees. CHULA VISTA shall provide its own workers compensation for any CHULA VISTA employee who performs services pursuant to this AGREEMENT. 13. FILES All of CHULA VISTA'S files for matters involving NATIONAL CITY, and works in progress therefor, are the property of NATIONAL CITY and, upon termination of this AGREEMENT, shall be -4- immediately delivered to NATIONAL CITY. CHULA VISTA may retain copies of pertinent documents, unless expressly prohibited or restricted by NATIONAL CITY. 14. ENTIRE AGREEMENT The text in this AGREEMENT constitutes the entire AGREEMENT between the parties. No verbal agreement or conversation with any officer, agent or employee of NATIONAL CITY, either before, during or after the execution of this AGREEMENT, shall effect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle CHULA VISTA to any additional payment whatsoever. 15. SEVERABILITY If any provision of this AGREEMENT is held to be invalid, or unenforceable, that provision shall be deemed severable. The remainder of this AGREEMENT, or portion thereof, shall not be affected and shall remain in full force and effect until the DESCRIBED SERVICES are completed or the AGREEMENT is terminated. 16. MISCELLANEOUS PROVISIONS. 16.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. 16.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 16.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement. 16.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part hereof. 16.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or the Consultant, shall be deemed to be both covenants and conditions. 16.6 Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 16.7 Time of Essence. Time is of the essence for each provision of this AGREEMENT. 16.8 California Law. This AGREEMENT shall be construed and interpreted in accordance with the laws of the State of California. CHULA VISTA covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this AGREEMENT. 16.9 Waiver. The failure of NATIONAL CITY to enforce a particular condition or provision of this AGREEMENT shall not constitute a waiver of that condition or provision or its enforceability. -5- 16.10 No Obligations to Third Parties. Except as otherwise expressly provided, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights upon, or obligate any of the parties, to any person or entity other than the parties to this AGREEMENT. 16.11 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, and (iii) 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, or amendments to the AGREEMENT. 16.12 Administrative Claims Requirements. No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 16.13 Signing Authority. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. 16.14 Notices. All notices or other communications required or permitted by this AGREEMENT 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: -6- Dated: To NATIONAL CITY: Ron Williams Information Technology Services Manager City of National City 1243 National City Boulevard NATIONAL CITY, CA 91950 To CHULA VISTA: Kelley Bacon Director of Information Technology Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910-2631 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed below. CITY OF CHULA VISTA By: James Sandoval, City Manager Dated: CITY OF NATIONAL CITY By: Leslie Deese, City Manager APPROVED AS TO FORM: By: Glen Googins, City Attorney, City of Chula Vista By: Claudia G. Silva, City Attorney, City of National City -7- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THE CITY OF CHULA VISTA TO PROVIDE STAFF SUPPORT FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES TO NATIONAL CITY. WHEREAS, the City of National City desires to employ the services of the City of Chula Vista ("Chula Vista") to provide Geographic Information Systems (GIS) services under the general direction of National City's Manager of Information Technology Services; and WHEREAS, Chula Vista is experienced in Geographic Information Systems (GIS) and is fully qualified to provide the assistance sought by National City for a total not to exceed amount of $1,800; and WHEREAS, although the not -to -exceed amount is within the signing authority of the City Manager, the Agreement must go before the City Council for approval pursuant to Administrative Policy 2.01 because the City of National City would be agreeing to defend and indemnify the City of Chula Vista under the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an Agreement with the City of Chula Vista to provide staff support for Geographic Information Systems (GIS) services under the general direction of National City's Manager of Information Technology Services for a total not to exceed amount of $1,800. PASSED and ADOPTED this 19th day of November, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "EETING DATE: November 19, 2013 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Safdie Rabines Architects Inc. to increase the not -to -exceed amount of the Agreement by $150,000 and extend the term of the agreement from June 30, 2013 to December 31, 2014 for architectural and construction support services for the National City Aquatic Center Project (funded by San Diego Unified Port District CIP) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED:`1‘,4 ' ,., Finance ACCOUNT NO. APPROVED: MIS Funds available in account 4001-409-500-598-3816 (SDUPD CIP) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Second Amendment — Safdie Rabines 3. Resolution Explanation: On September 6, 2011 per City Council Resolution No. 2011-213, the City of National City entered into an agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center in the not to exceed amount of $291,777. On March 20, 2012, per City Council Resolution No. 2012-64, a First Amendment to the Agreement was entered into to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630. The First Amendment also amended the scope of services to include a redesign of certain elements, additional geotechnical work and creation of an Operating and Maintenance document required by the Port of San Diego. To ensure timely completion of the project through construction, staff is requesting a Second Amendment to the Agreement to add an additional $150,000 and extend the term of the agreement from June 30, 3013 to December 31, 2014. SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS This Second Amendment to the Agreement is entered into this 19th day of November, 2013 by and between the City of National City, a municipal corporation ("CITY"), and Safdie Rabines Architects, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on September 6, 2011, ("the Agreement") through the adoption of City of National City Council Resolution No. 2011-213, wherein the CONSULTANT agreed to provide architectural services for the National City Aquatic Center. WHEREAS, the original Agreement had a not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, the City Council adopted Resolution No. 2012-64 approving the First Amendment to the Agreement increasing the not -to - exceed amount by $61,853, for a total Agreement amount of $353,630, and amending the scope of services to include a redesign of certain elements, additional geotechnical work, and creation of the Operating and Maintenance document required by the Port of San Diego; and WHEREAS, to ensure timely completion of the National City Aquatic Center through construction, the parties desire to extend the term of the Agreement from June 30, 2013 to December 31, 2014 and increase the not -to -exceed amount by $150,000, for a total Agreement amount of $503,630. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on September 6, 2011 as follows: 1. Extend the term of the Agreement through December 31, 2014, by amending Paragraph Number 6 of the Agreement by adding the following: In the event the tasks described in Exhibit "A" are not completed on or before June 30, 2013 due to changes in the project schedule, the term of the agreement shall be extended to December 31, 2014. 2. Increase the not -to -exceed amount by $150,000, for a total Agreement amount of $503,630. 3. The amendment to Paragraph Number 6 contained herein is effective as of June 30, 2013. -1- 4. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SAFDIE RABINES ARCHITECTS (Signatures of two corporate officers required) By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ricardo Rabines, President By: Q Taal Safdie, ' '-tary and CFO -2- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS INC., TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $150,000 AND TO EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2014 FOR ARCHITECTURAL AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CITY AQUATIC CENTER PROJECT (FUNDED BY SAN DIEGO UNIFIED PORT DISTRICT CIP) WHEREAS, on September 6, 2011, the City Council adopted Resolution No. 2011-213, entering into an Agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center (the "Project") in the not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, a First Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2012-64, to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630 and to amend the scope of services to include a redesign of certain elements, additional geotechnical work, and the creation of an Operating and Maintenance document required by the Port of San Diego; and WHEREAS, to ensure timely completion of the Project through construction, a Second Amendment to the Agreement is necessary to add an additional $150,000, and to extend the term of the Agreement from June 30, 3013 to December 31, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement with Safdie Rabines Architects to increase the not to exceed amount of by $150,000 for a total not to exceed amount of $503,630, and to extend the term of the Agreement from June 30, 3013 to December 31, 2014. PASSED and ADOPTED this 19th day of November, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 6 ITEM TITLE: The Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Municipal Employees Association employee group to include a salary band for the newly created classification of Property Agent at $4,499 - $5,468, monthly (range 130). PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report DEPARTMENT: Hu ._ ._esourc APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no financial impact associated with this item. Should the classification be used this fiscal year, funding is available through salary savings. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, amending the MEA salary schedule to include Property Agent under salary range 130. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Report to Civil Service Commission: Creation of a New Classification — Property Agent Draft Class Specification — Property Agent Resolution Nita 1687 CITY OF NATIONAL CITY MEMORANDUM DATE: November 14, 2013 TO: Civil Service Commission FROM: Stacey Stevenson, Director of Administrative Services SUBJECT: Creation of a New Classification — Property Agent In July, 2013, at the direction of the City Manager and with the authorization of the City Council, a new City department was created: Housing, Grants & Asset Management. Development of the department included bringing together existing staff responsible for low and moderate income housing programs and grant administration. What was not available and therefore did not transfer into this newly formed department was a position responsible for performing duties related to the department's third primary area of responsibility: management of the City's real property assets. At the request of the appointing authority, a study of the proposed property management duties was under taken to determine how to staff this function. The primary duty of the position is to manage the City's real property assets. The City, and its component entities (the Parking Authority and the Successor Agency to the Redevelopment Agency), own both developed and undeveloped parcels of land throughout the city. The position under study will be responsible for performing a wide range of duties related to the appraisal, acquisition, leasing, rental, sale, and property management of real property assets. Knowledge, skills and ability required of this position include knowledge of Federal, state and local laws governing real property transactions, contracts and land titles; and the ability to effectively negotiate property rights, read and interpret legal documents, and manage complex transactions. In reviewing the City of National City classification plan, it has been determined that there is no existing City of National City classification matching the scope of this proposed position. Based on the above, staff hereby requests the creation of a new classification: Property Agent. The scope of the position and the proposed title are consistent with the class specifications and naming convention of similarly situated positions in other San Diego county public agencies. VENSON ttachment: Draft Class Specification — Property Agent PROPERTY AGENT CITY OF NATIONAL CITY CLASS SPECIFICATION Approved: XXX DEFINITION Under direction, to perform varied and difficult duties related to the City's real property including property appraisals, acquisition, sales, leasing, and property management work. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Examples of duties performed may not include all required duties. Manages City's (and component City entities)'' real property including leasing, rental, disposal, and demolition of developed property; performs duties related to land management of undeveloped City owned property to allow for its highest and best use; appraises real property; participates in the negotiation process for the acquisition, rental, and sale of land, improvements, right-of-way, and easements for municipal purposes; negotiates real property development agreements; negotiates and prepares lease agreements, property use agreements, 'and other land use arrangements; determines proper rental rates; tracks the performance of leased or rented property; arranges for repair and maintenance of rented property to the extent of the City's obligation; inspects City -owned property to insure compliance with contract conditions and regulations; examines title claims and clears titles; researches, analyzes and reports conclusions on a variety of real property issues including appraisal of property rights, lease proposals, land acquisition, and management activities; prepares City Council presentations, staff reports and resolutions for abandonments, extinguishments, property purchases and sales, and for authorizations required to execute leases, deeds, easements, loans, loan subordination and other agreements; coordinates activities with a 'variety of City departments; works closely with appraisers, attorneys, engineers, contractors, utility companies, property owners and tenants to accomplish property performance goals; manages affordable housing and economic development projects including grant applications, financing, financing options and portfolio"performance. MINIMUM QUALIFICATIONS Training and Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: a bachelor's degree from an accredited college or university with major course work in real estate, economics, public administration, business administration or related field; and two (2) years of responsible professional experience working in real property acquisition, sales, appraisal, or property management. Property management experience must include ground lease negotiations; preparation of developmental lease packages; or management of commercial, industrial, or large residential complexes. Knowledge and Skills in: Principles and practices of real property management, negotiation, appraisal and acquisition for public purposes, including eminent domain; pertinent Federal and state and local laws, rules, regulations, ordinances, zoning ordinances and guidelines that deal with acquisition, leasing and sale of real property, contracts, land titles, condemnation proceedings and eminent domain; methods and techniques of negotiating lease agreements; principles and practices related to performing property valuations; market data sources and collection techniques; contract preparation and administration principles and practices; legal instruments used in real estate transactions; negotiation principles. Ability to: Interpret and apply Federal, state and local laws, policies and regulations; effectively negotiate property rights; read and interpret title reports, right-of-way plans, legal and technical documents, and financial statements; determine proper rental rates and lease terms; make and interpret mathematical calculations including basic and use of compound interest tables; work independently; communicate and interact in situations requiring instruction, persuasion and diplomacy; prepare and maintain accurate records; establish and maintain working relationships; communicate clearly and concisely, both verbally and in writing. LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS Possession of a valid California Class C driver's license or other means that would allow for the ability to commute to meetings, conduct site visits, and attend other special events throughout the county. PHYSICAL DEMANDS & WORKING CONDITIONS Environmental Conditions: office and field environment; travel from site to site; exposure to computer screens; some exposure to dust from paperwork and environment, temperature swings from air conditioning to outdoors; extensive public contact. Physical Conditions: on a continuous basis, sit at desk, stand or walk for long periods of time; perform simple grasping and fine manipulations; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. ltS a 7'' " tic City Council Staff Report November 19, 2013 ITEM Staff Report: Amendment to the salary schedule for the Municipal Employees Association employee group to include a salary band for the newly created classification of Property Agent at $4,499 - $5,468, monthly (range 130). DISCUSSION In May, 2013, the City Council of the City of National City unanimously approved the City's fiscal year 2014 operating budget. Said budget included the creation of a new department titled Housing, Grants & Asset Management. Officially formed as of July 1, 2013, the department includes the administration of low incoming housing and grant programs, and the management of the City's real property assets. One of the primary factors driving the need to create a central point for the management of real property assets is the State of California mandated dissolution of Redevelopment. The dissolution legislation as written requires that agencies develop and execute a plan for the disposition of all Redevelopment real estate holdings. This position will oversee that process and will become the central point for the performance of real property management functions for all City holdings and those of other City entities. In reviewing the duties associated with the position assigned to property asset management, it was determined that there is no existing City of National City classification that performs the proposed range of duties. As such, the intent is to create a new classification: Property Agent. The action before the City Council is to establish the compensation for the classification. Based on the scope of work, consequence of error and span of control, it is recommended that the compensation be set at an amount equal to Community Development Specialist II: $4,499 - $5,468, monthly (range 130). If approved, this classification will replace the Housing Department's budgeted Community Development Specialist I (CDS I) position. RECOMMENDATION Adopt the resolution, amending the MEA salary schedule to include Property Agent under salary range 130. FISCAL IMPACT If the Property Agent position is filled, the difference in salary ($525/month) will be covered by salary savings as the budgeted CDS I has been vacant since August 9, 2013. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE SALARY SCHEDULE FOR THE MUNICIPAL EMPLOYEES ASSOCIATION EMPLOYEE GROUP TO INCLUDE A SALARY BAND FOR THE NEWLY CREATED CLASSIFICATION OF PROPERTY AGENT AT $4,499 - $5,468 MONTHLY (RANGE 130) WHEREAS, in May, 2013, the City Council approved the City's Fiscal Year 2014 Operating Budget which included the creation of the Housing, Grants, and Asset Management Department; and WHEREAS, this duties of this Department include the administration of low income housing and grant programs, and the management of the City's real property assets; and WHEREAS, because there is no existing classification that performs the proposed range of duties of this newly -created department, a new classification of Property Agent was created; and WHEREAS, based on the scope of work, consequence of error and span of control, staff recommends that the compensation be set at an amount equal to Community Development Specialist II: $4,499 - $5,468 monthly (range 130). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the salary schedule for the Municipal Employees Associations employee group to include a salary range for the newly created classification of Property Agent at $4,499 - $5,468 monthly (range 130). PASSED and ADOPTED this 19th day of November, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Agreement with The Lew Edwards Group extending the term for one year, increasing the not to exceed amount by $69,500, and amending the scope of services to expand the consulting duties related to the current district sales tax for a total not to exceed amount of $110,550. PREPARED BY: Stacey Stevenson DEPARTMENT. ,....e.. tra ' ervices PHONE: 336-4308 APPROVED EXPLANATION: The City Council of the City of National City held three workshops related to the deve ent of the City of National City's Fiscal Tear 2014 operating budget and its five year strategic plan. Workshop content included discussion of the City's current District Sales Tax, set to expire in September, 2016. Having heard from staff that market forces such as the Great Recession and the dissolution of Redevelopment have hampered the City's ability to establish -alternative revenues to replace the projected $9.5 million- in District-Sal-ePax revenue; and having heard from staff that the City is unable to meet its current and anticipated expenditures without said funds, the City Council directed staff to look at a possible ballot measure to extend the Tax. On August 1, 2013, the City Manager entered into an agreement with the Lew Edwards Group to assist staff in such review. Staff now seeks to amend the term of the agreement by one year in a continuation of the above effort and to expand the scope of work to include community engagement and outreach related to City services and community priorities. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ` t APPROVED: Finance MIS Funds for the execution of this amendment are available in 001-409-000-213, Non -Departmental, Professional Services ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute a one year extension with The Lew Edwards Group with a total amount not to exceed $110,550. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: First Amendment to the agreement between the City of National City and The Lew Edwards Group Resolution FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE LEW EDWARDS GROUP. This First Amendment to the Agreement by and between the City of National City and The Lew Edwards Group is entered into this 20th day of November, 2013, by and between the City of National City and The Lew Edwards Group [Amendment]. RECITALS WHEREAS, the City of National City [City] and The Lew Edwards Group [LEG] previously entered into the agreement entitled Agreement by and between the City of National City and The Lew Edwards Group [Agreement], dated August 1, 2013 for strategic assessment services to the City; WHEREAS, that Agreement was executed on August 1, 2013 for a period of August 1, 2013 through November 30, 2013; WHEREAS, that Agreement provides for compensation to LEG in the amount of $41,050 for services rendered; WHEREAS, the City now seeks to expand the scope of services to include developing a communications outreach program and updating a project timeline for City staff, conceiving, writing, and producing up to three informational mailings to inform/update constituents about city services, providing input to City staff reports, measure development and other materials, and providing ongoing strategic advice; WHEREAS, the City now seeks to extend the Agreement for an additional year; WHEREAS, the City now seeks to increase the compensation and payment by an amount not to exceed $69,500. AGREEMENT NOW THEREFORE, the City and LEG agree as follows: 1. This Amendment extends the Agreement for one year for the time period December 1, 2013 through November 30, 2014. 2. This Amendment increases the not to exceed amount of compensation by an additional $69,500 for a total not to exceed of $110,550. 3. The parties agree that each and every term of the Agreement not explicitly amended shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY LEW EDWARDS GROUP, INC. By: By: Ron Morrison, Mayor Catherine Lew, President Approved as to form: Claudia Silva City Attorney (Print) (Print) RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH THE LEW EDWARDS GROUP EXTENDING THE TERM FOR ONE YEAR, INCREASING THE NOT TO EXCEED AMOUNT BY $69,500, FOR A TOTAL NOT TO EXCEED AMOUNT OF $110,550, AND AMENDING THE SCOPE OF SERVICES TO EXPAND THE CONSULTING DUTIES RELATED TO THE CURRENT DISTRICT SALES TAX WHEREAS, on August 1, 2013, the City of National City and The Lew Edwards Group ("LEG") entered into the Agreement in the not to exceed amount of $41,050 from August 1, 2013 through November 30, 2013 for strategic assessment services related to the City's current district sales tax; and WHEREAS, the City and LEG desire to extend the term of the Agreement for one year, and expand the scope of services to include developing a communications outreach program and updating a project timeline for City staff; conceiving, writing, and producing up to three informational mailings to inform/update constituents about city services; providing input to City staff reports; measure development and other materials; and providing ongoing strategic advice for the not to exceed amount of $69,500, bringing the total not to exceed amount to $110,550. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with The Lew Edwards Group to extend the term for one year and expand the scope of services for the not to exceed amount of $69,500, bringing the total not to exceed amount to $110,550 for strategic assessment services related to the City's current district sales tax. PASSED and ADOPTED this 19th day of November, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the donation of a 1989 Seagraves fire engine to Sweetwater High School to provide the Fire Science program with a fire engine that will allow the students to practice skills in a more realistic environment. (Fire) PREPARED BY: Walter Amedee DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: See attached Staff Report. FINANCIAL STATEMENT: APPROVED: 4a� ---Ftn�nce ACCOUNT NO. APPROVED: MIS No cost to City; however, donating the fire engine versus selling at auction impacts potential revenue of approximately $10,900. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council approve the donation in order to assist Sweetwater High School. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Sweetwater Union High School District Agenda Items Details 3. Municipal Code Chapter 2.42 4. City Council Policy #115 5. Resolution BoardDocs® Pro hops://boarddocs.subsd.kl2.ca.us/Board.nsl3Private?open&login# Agenda Item Details SWEETWATER UNION HIGH SCHOOL DISTRICT Meeting Aug 19, 2013 - Regular Board Meeting - 6:00 p.m. Category K. Fiscal Services Discussion Items Subject 3. Approve/ratify donations to the district in accordance with Resolution No. 2501, and accept Report on Donations. (F/I: None.) Access Public Type Action (Consent) Public Content Issue: Donations to the district. Superintendent's Recommendation: Approve/ratify donations to the district in accordance with Resolution No. 2501, and accept Report on Donations. Analysis: In accordance with annual board Resolution No. 2501, the board authorizes the acceptance of donations in the form of money and/or equipment on behalf of the district. This resolution addresses all types of allowable donations that can be made to the district whether to a site or directly to the administration center. Staff recommends acceptance of the donations listed in the attached report Fiscal Impact: None. K-3 Backuo.mlf (6 KB) 28. Formation and Approval of Consent Agenda - 08 19 13 MPG (1.748 KB) Administrative Content 1 of 1 10/1/2013 1:36 PM Staff Report: Sweetwater High School's Fire Science Program Coordinator approached the National City Fire Department about the possibility of donating a surplus fire engine. After discussing the idea, the National City Fire Department would like to proceed with the donation of a fire engine that has been phased out of service to Sweetwater High School. The surplus fire engine being recommended for donation is Engine #171, a 1989 Seagraves fire engine with approximately 128,442 miles. It has an estimated value of $10,900. The City of National City and the National City Fire Department would not incur any liability related to the fire engine's ownership, operation, or use. Sweetwater Union High School District, as the owner of the fire engine, would provide all maintenance and insurance surrounding its use. The fire engine shall be used exclusively for educational use at Sweetwater Union High School for fire science program purposes. Sweetwater Union High School District Board: Sweetwater High School's Fire Science Program Coordinator was advised that the Sweetwater Union High School District Board would have to accept full liability for the fire engine. On August 19, 2013, the Sweetwater Union High School District Board approved/ratified the receipt of the donated fire engine to Sweetwater High School. (See attached Agenda Item Details for more information). Policy Requirements: According to City Council Policy #115, the City Council may authorize the donation of surplus City property to municipal agencies or local, non-profit 501(c)(3) organizations consistent with Municipal Code section 2.42.040 (B)(4) "Manner of Disposal", if the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). The donation of a surplus fire engine to the Sweetwater Union High School District meets requirement No. 4 as described above. Release of Liability: Sweetwater Union High School District will sign the attached "Request for Donation" form, which agrees to indemnify and hold harmless, the City, its officers, agents and employees from and against any and all liability. In addition a "Donation Receipt" will also be completed to document the donation of surplus merchandise made by the City of National City. Previous Donations: The City of National City has previously provided a surplus police vehicle to Southwestern Community College's Police Academy Training Program and a surplus fire engine to the City of Tecate's Fire Department. Financial Statement: No cost to the City; however, donating the fire engine versus selling it at auction impacts potential revenue of approximately $10,900. Staff Recommendation: Staff recommends the City Council approve the donation in order to assist Sweetwater High School's Fire Science Program. SWEETWATER UNION HIGH SCHOOL. DISTRICT Donations for ApprovallRatlflcatlon Presented to the Board of Trustees on August 19, 2013 Ratification ($1,000 and Under) Funds will be used to support Hilltop High School Dr. John Rindone Hilltop High School Jeffrey Phair Scholarship. Approval (Over 91,000) $500.00 To provide the Fire Science program with a tire engine that will allow Sweetwater High School City of National City the students to practice skills In a more realistic environment. $20,000.00 Total $20,600.00 Municode http://library.municode.com/printaspx?1&cl entTD= 1651 6&HTMReq... National City, California, Code of Ordinances » - SUPPLEMENT HISTORY TABLE » Title 2 - ADMINISTRATION » Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY» Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY Sections: 2.42.010 - Definitions. 2.42.020 - Duty to report surplus equipment and supplies. 2.42.030 - Disposal required. 2.42.040 - Manner of disposal. 2.42.050 - City personnel prohibited from purchasinq. 2.42.010 - Definitions. A. "Surplus city property" means supplies or equipment belonging to the city which are no longer used or which have become obsolete or wom out or which are otherwise of no further use. B. "Immediate family" means the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. (Ord. 1673 § 1 (part), 1979) 2.42.020 - Duty to report surplus equipment and supplies. All using agencies shall submit to the purchasing agent, at such times and in such forms as prescribed, reports listing all available surplus city property. The purchasing agent shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2.42.030 - Disposal required. The purchasing agent shall determine if any surplus city property can be used by any agency of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies. (Ord. 1673 § 1 (part), 1979) 2.42.040 - Manner of disposal. A. If the surplus city property which is not required for city use has been assigned an estimated market value of less than one thousand dollars by the purchasing agent, he/she may dispose of such property on the open market without advertising for bids. B. If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1 of 2 5/21/2013 11:43 AM Municode http://library.municode.comlprint.aspx?1=&.cliendr 16516&HTMReq... 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with subsection (BX1) of this section, and shall accept offers on behalf of the city, with the city having final acceptance authority; 4. Through a negotiated agreement with another public agency, public safety organization, govemment agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). C. The purchasing agent shall have the authority to combine any surplus city property with lost and unclaimed property for the purpose of disposal by public auction in accordance with Chapter 2.44 of this title. D. The amount received for any property sold pursuant to this chapter shall be deposited in the city's general fund. (Ord. 2284, 2006: Ord. 2044, 1992; Ord. 1673 § 1 (part), 1979) 2.42.050 - City personnel prohibited from purchasing. No city officer or employee or any member of the immediate family living in the same household of a city officer or employee shall purchase surplus city property sold in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2 of 5/21/2013 11:43 AM CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Purpose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(3) organizations, andror other municipal agencies. Definitions • Municipal Agencies: public/govemment agencies, and Sister Cities. • Local Non -Profit 501(c)(3) Uganizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates." Organizations are "commonly referred to as charitable organizations", In order to be consideref "local", the organization must have a physical address within the City limits,;And a valid National City Business License. The organization must be able to/show proof of 'local' and 'non-profit' 501(c)(3) status. • Surolus City Property: is defined by Municipal Code 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use." • Police Department Unclaimed Personal Property: is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. Page 1 of 3 Deleted: foreign or domcsiic 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability, Policy The City Council may authorize the donation of surplus' ity property, or Police Department unclaimed personal property, to municipal agencies, or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may, also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1000may be donated. Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44: "If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for publiC•iise, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance to Municipal Code. Liability Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient musi provide their own labor force, loading equipment and vehicles, and they must pick the item(s) up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. Page 2 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. The Finance Department/Purchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork • provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.gudestar.com • confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property • notify the Finance Department to remove applicable items from the City's Fixed Aiset Inventory. Related Policy References Municipal Code Chapter 2.42 Municipal Code Chapter 2.44 IRS Code 501(c)(3) Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policy Amendments April 20, 2004 Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 POLICY #115 AMENDED: Purpose To establish a policy for donating surplus City property, d P+lice D ent unclaimed personal property to local, non-profit 501(c)(3) org , an or other municipal agencies. Definition) • Municipal Agencies: public/governmen • Local Non -Profit 501(c)(3) Or 501(c)(3) organizations "must purposes set forth in section 501(c) private shareholder or individual. not attempt to organization, i.e., it m of its activities and it political candida4s." organizations". physical a License. 501(c fined by the IRS: non-profit erated exclusively for exempt ne of its earnings may inure to any dition, it may not be an action fluence legislation as a substantial part cipate in any campaign activity for or against s are "commonly referred to as charitable onsidered "local", the organization must have a ity limits, and a valid National City Business ust be able to show proof of `local' and `non-profit' is defined by Municipal Code 2.42 as "supplies or ging to the City which are no longer used or which have become orn out or which are otherwise of no further use." • Po D - . artment Unclaimed Personal Pro s : is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. Page 1 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 POLICY #115 AMENDED: • "Request for Donation" form: available from the City's lnt Department/Purchasing Division. This form provides agency and donation, and includes a Release of Liability_ Policy The City Council may authorize the donation Department unclaimed personal property, to m 501(c)(3) organizations as defined above, 2.42.040 (B)(4). The City Council may "donation event" (see below) in the even items. e Finance of the of surplutf�tSperty, or Police 1 ag cies or local, non-profit with vnicipal Code section City Manager to conduct a cies are requesting the same Surplus City Property: Per Municipal Code er 2.42, surplus City property must first be offered to all City De 'ents, before. t can be disposed of in any way. Only items with a value of under $10I'r!; , ay be onated. Police D - . artment U after the expirati authorized d -.i . ee departmen become ncla ' son Pro•ert : Per Municipal Code Chapter 2.44: "If le retention period, the city manager or his/her rmi ss any unclaimed property in the possession of the police WIC use, such property shall be retained by the city." Once it y, the City may dispose of it in accordance to Municipal Code. :t^,o reduce liability, City forces will not be involved in the loading, distrib or delivery of donated items. The recipient must provide their own labor force, loa.' .equipment and vehicles, and they must pick the item(s) up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. Page 2 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 POLICY #115 AMENDED: Procedures Municipal agencies and local, non-profit 501(c)(3) organizations by submitting the "Request for Donation" form to the Financ Division. The Purchasing Division will obtain City Council appro The Finance Department/Purchasing Division will: • notify the City Council prior to sending anything to o ' allow them the opportunity to consider donation instead • seek Council approval for all donation requ • develop a lottery system in the event tha ip :' en '� request the same item • coordinate the donation process and 4. • provide details regarding the type o p` q.erty th pis . ailable, upon request • upon approval by the City Council, m:' <._ he property available to the requesting agency • verify local, non-profit (3) status via physical proof, and website registries such as: www.guidestar.com • confirm valid busineense • ensure cornpleti 'n of • document the ation • ensure th City p ..erts, and other sensitive City information (hard drives, etc) have b a property • not' "s Fi cc Department to remove applicable items from the City's Fixed non-profit 501(c)(3) agencies Donation' form and signatures onations asing Relate is References Municipal de Chapter 2.42 Municipal Code Chapter 2.44 IRS Code 501(c)(3) Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policy Amendments April 20, 2004 Page 3 of 3 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DONATION OF A 1989 SEAGRAVES FIRE ENGINE TO SWEETWATER HIGH SCHOOL TO PROVIDE THE FIRE SCIENCE PROGRAM WITH A FIRE ENGINE THAT WILL ALLOW STUDENTS TO PRACTICE SKILLS IN A MORE REALISTIC ENVIRONMENT, AS AUTHORIZED BY NATIONAL CITY MUNICIPAL CODE SECTION 2.42.040(B)(4) WHEREAS, the Fire Science Program Coordinator at Sweetwater High School contacted the National City Fire Department ("NCFD") to inquire about a possible surplus fire engine donation to enhance their program by allowing students to practice skills in a more realistic environment; and WHEREAS, NCFD is in possession of a surplus 1989 Seagraves fire engine with approximately 128,442 miles and an estimated value of $10,900; and WHEREAS, donating the fire engine to the Sweetwater High School exclusively for educational use at Sweetwater Union High School for the Fire Science Program, will benefit the community by preparing its students for potential public service in fire science; and WHEREAS, the benefit to the community justifies waiving the portion of City Council Policy Number 115 which states "[o]nly items with a value under $1,000 may be donated"; and WHEREAS, National City has negotiated a donation of the surplus fire engine to Sweetwater High School as authorized by Municipal Code Section 2.42.040(B)(4). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the provision in Council Policy 115 limiting donations to only those with a value under $1,000, and authorizes the donation of a surplus 1989 Seagraves fire engine to Sweetwater High School exclusively for educational use at Sweetwater Union High School for the Fire Science Program to provide the Program with a fire engine that will allow the students to practice skills in a more realistic environment, upon execution by the City Manager of a negotiated agreement consistent with the National City Municipal Code. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said Negotiated Agreement between the City of National City and the Sweetwater Union High School. PASSED and ADOPTED this 19th day of November, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. I9 ITEM TITLE: Warrant Register #16 for the period of 10/9/13 through 10/15/13 in the amount of $1,565,124.97. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/9/13 through 10/15/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Koch Armstrong Eng 309397 154,038.10 Street Resurfacing Project Public Emp Ret System 309446 294,787.41 Retirement Insurance Period 9/17/13-9/30/13 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,565,124.97. APPROVED: 6/ (;_.4 (K. ...<`., Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,565,124.97. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #16 PAYEE KOCH ARMSTRONG GENERAL ENGR INTEGRITY TACTICAL SOLUTIONS PARTY4LESS RENTALS BEST BEST & KRIEGER ATTNY LAW ACOSTA, V ALDEMCO ALL FRESH PRODUCTS APWA SAN DIEGO SECTION ARC ERGONOMICS ASBURY ENVIRONMENTAL SVCS AT&T MCI BARGAIN CENTER INC BAY SYSTEMS INC BBCN BANK BEST BEST & KRIEGER ATTNY LAW BOOT WORLD BRIAN COX MECHANICAL INC BROADWAY AUTO GLASS CKNAM INFRASTRUCTURE GRP INC LIFORNIA COMMERCIAL SECURITY CAMACHO, F CARL WARREN & COMPANY CATO CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COX COMMUNICATIONS DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DECKSIDE POOL SERVICE DREW FORD EXPERIAN FAMANIA, 0 FASTENAL FERNANDEZ, K FIRE ETC FLEET SERVICES INC FON-JON KENNELS FORTEL TRAFFIC, INC. GOVPARTNER GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HANSON AGGREGATES PACIFIC SW YDRO SCAPE PRODUCTS INC ON MOUNTAIN JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KONE KRONOS INC. KTU&A WARRANT REGISTER #16 10/15/2013 DESCRIPTION STREET RESURFACING PROJECT KWA ATP TRAINING PISTOLS / POLICE TABLES & CHAIRS / STATE OF THE CITY 2013 LEGAL / COMM YOUTH ATHLETIC CENTER REIMB - LICENSE FOOD CONSUMABLES AND NON CONSUMABLES FOOD FOR NUTRITION CENTER PASSPORT TO ADVENTURE 51ST ROLLER MOUSE / FINANCE 50/50 HEAVY DUTY OIL PHONE SVC 08/13 - 09/12/13 RAINCOAT PREMIUM VACUM PUMP OIL FILTER SETTLEMENT, NAGRAJ REGIONAL PERMIT PETITION MOP 64096 WEARING APPAREL LABOR INSPECTION AND FILTER CHANGES LABOR STREET SIGN INVENTORY MOP 45754 R&M PHOTOGRAPHY - STATE OF THE CITY ADDRESS WC CLAIM COSTS REGISTRATION - ANNUAL CONFERENCE TRANSPORTATION AND TREATMENT LIABILITY CLAIMS SVCS / SEPT 2013 1408 HARDING AVE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP 76986 TIRES POOL SUPPLIES / PW MOP 49078 AUTO PARTS FOR CREDIT CHECKS FOR NEW POLICE REFUND PERMIT #2013-3420 4PC 120XP RATCHET SET / PW REFUND - ENGINEER LICENSE RENEWAL 769027 2.5 SCREEN STAINER MOP 67804 R&M AUTO EQUIPMENT KENNEL FEES FOR POLICE K9'S WIRELESS MODEM SERVICE GOVPARTNER(CDP) PERMIT TRACKING NETWORK SUPPORT- SEPT 2013 MEAT DELIVERY SERVICES FOR NUTRITION 3/8" MINUS D.G. / PW MOP 45720 PIPES, VALVES, FITTINGS RECORDS MANAGEMENT & DOCUMENT STORAGE R&M CITY VEHICLES MOP 69277 MATERIALS & SUPPLIES REQUIRED TESTING ON WHEELCHAIR TELESTAFF SUPPORT 8/1/13-7/31/14 NATIONAL CITY SMART FOUNDATION SERVICES CHK NO DATE 309397 10/10/13 309398 10/15/13 309399 10/15/13 309400 10/15/13 309401 10/15/13 309402 10/15/13 309403 10/15/13 309404 10/15/13 309405 10/15/13 309406 10/15/13 309407 10/15/13 309408 10/15/13 309409 10/15/13 309410 10/15/13 309411 10/15/13 309412 10/15/13 309413 10/15/13 309414 10/15/13 309415 10/15/13 309416 10/15/13 309417 10/15/13 309418 10/15/13 309419 10/15/13 309420 10/15/13 309421 10/15/13 309422 10/15/13 309423 10/15/13 309424 10/15/13 309425 10/15/13 309426 10/15/13 309427 10/15/13 309428 10/15/13 309429 10/15/13 309430 10/15/13 309431 10/15/13 309432 10/15/13 309433 10/15/13 309434 10/15/13 309435 10/15/13 309436 10/15/13 309437 10/15/13 309438 10/15/13 309439 10/15/13 309440 10/15/13 309441 10/15/13 309442 10/15/13 309443 10/15/13 309444 10/15/13 309445 10/15/13 309446 10/15/13 1/3 AMOUNT 154,038.10 8,588.44 403.80 4,224.35 40.00 2,614.59 1,181.05 225.00 280.10 194.84 6,162.18 215.88 326.06 5,000.00 2,181.30 616.62 266.00 329.58 5,872.20 1,219.97 80.00 164.23 155.00 572.27 9,930.00 79.70 16,916.05 5,624.82 104.32 782.20 99.76 44.06 50.00 703.67 116.00 263.22 50.00 225.00 348.00 4,160.40 1,755.00 836.22 470.36 205.97 148.00 1,327.38 115.78 766.41 12,247.90 12,400.00 PAYEE LANGUAGE LINE SERVICES LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LOPEZ, T MCAFEE INC MORRISON, R MUNICIPAL MAINTENANCE EQUIP NAN MCKAY AND ASSOC INC NAPA AUTO PARTS NEXUS IS INC NORTH STATE ENVIRONMENTAL PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE UDENTIAL OVERALL SUPPLY BLIC EMP RETIREMENT SYSTEM QUAL CHEM CORPORATION RED WING SHOES REGIONAL TRAINING CENTER RODRIGUEZ, M ROMAN'S TRUCK BODY & PAINT RON BAKER CHEVROLET RPM WELDING INC RUSS' BEE REMOVAL SAN DIEGO MIRAMAR COLLEGE SDG&E SEAPORT MEAT COMPANY SOUND SOLUTION AUTO STYLING SOUTH BAY MOTORSPORTS SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LEW EDWARDS GROUP TOPECO PRODUCTS TYLER TECHNOLOGIES INC U S HEALTHWORKS JION TRIBUNE „,JITED ROTARY BRUSH V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS WARRANT REGISTER #16 10/15/2013 DESCRIPTION FOR LANGUAGE LINE INTERPRETATION MOP 45725 MATERIALS & SUPPLIES PISTON / PW TRANSLATION SERVICES FOR FY 2014 ANTISPAM & EMAIL ARCHIVE REIMB - LEAGUE OF CA CITIES CONFERENCE 5 STAGE DIAPHRAM PUMP MEMBERSHIP/SUBSCRIPTION MOP 45735 AUTO PARTS NEXUS PHONE LINE RESTORE AT PD HAZARDOUS WASTE REMOVAL MOP 72448 R&M AUTO EQUIPMENT PAYPHONE - OCT 2013 JANITORIAL SUPPLIES FOR NUTRITION MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIALS KNIFE SHARPENING SERVICES FOR NUTRITION MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 09/17 - 09/30/13 CONCENTRATED DEGREASER / PW SAFETY FOOTWEAR / PW CCMA ANNUAL FEE REIMB - OPERATION SAMAHAN LUNCH REPAIRS MOP 45751 R&M AUTO EQUIPMENT MOP 45749 LABOR & MATERIALS BEE REMOVAL SERVICES TUITION: REGIONAL OFFICER TRAINING FACILITIES GAS & ELECTRIC FOOD (MEAT AND FISH) FOR NUTRITION TINT WINDOWS R&M CITY VEHICLES TRAFFIC SIGNAL/STREET LIGHTING WATER MOP 45704. OFFICE SUPPLIES / FIRE EMULSION OIL PARKS WATER FOOD & CONSUMABLES FOR NUTRITION CENTER STRATEGIC ANALYSIS MOP 63849 SHOP SUPPLIES EDEN TRAINING JUNE 17 - 21 / 2013 MEDICAL SERVICES LEGAL NOTICES ADVERTISING MOP 62683 AUTO PARTS LAPEL PIN, NATIONAL CITY POLICE MOP 46453 PLUMBING MATERIAL FOR STRAY ANIMAL VET CARE FOR K9 VET CARE PHONE CHGS 08/22 - 09/21/13 CHK NO DATE 309447 10/15/13 309448 10/15/13 309449 10/15/13 309450 10/15/13 309451 10/15/13 309452 10/15/13 309453 10/15/13 309454 10/15/13 309455 10/15/13 309456 10/15/13 309457 10/15/13 309458 10/15/13 309459 10/15/13 309460 10/15/13 309461 10/15/13 309462 10/15/13 309463 10/15/13 309464 10/15/13 309465 10/15/13 309466 10/15/13 309467 10/15/13 309468 10/15/13 309469 10/15/13 309470 10/15/13 309471 10/15/13 309472 10/15/13 309473 10/15/13 309474 10/15/13 309475 10/15/13 309476 10/15/13 309477 10/15/13 309478 10/15/13 309479 10/15/13 309480 10/15/13 309481 10/15/13 309482 10/15/13 309483 10/15/13 309484 10/15/13 309485 10/15/13 309486 10/15/13 309487 10/15/13 309488 10/15/13 309489 10/15/13 309490 10/15/13 309491 10/15/13 309492 10/15/13 309493 10/15/13 309494 10/15/13 309495 10/15/13 309496 10/15/13 2/3 AMOUNT 45.67 404.83 413.68 140.00 10,890.00 331.46 646.17 224.00 97.51 675.00 570.45 645.73 228.00 281.06 558.08 842.27 1,274.37 46.00 894.46 294,787.41 352.99 125.00 750.00 75.00 921.88 557.73 495.80 750.00 46.00 32,921.60 1,053.33 600.00 2,266.44 11,887.40 34.84 853.12 173.88 136.17 4,761.13 20,525.00 8.24 3,754.93 1,510.00 736.40 398.67 648.48 116.69 172.52 240.08 6,374.05 PAYEE VISTA PAINT W W GRAINGER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY AMAZON BAKER & TAYLOR CALIFA GROUP FIRST BOOK NATIONAL OFFICE MIDWEST TAPE NEWSBANK INC SIRSIDYNIX 774271 SPRINT U S POSTMASTER SECTION 8 HAPS PAYMENTS Pay period Start Date 21 9/17/2013 WARRANT REGISTER #16 10/15/2013 DESCRIPTION MOP 68834 TRAFFIC CONTROL SUPPLY MOP 65179 ELECTRICAL MATERIAL MOP 63850 AUTO PARTS MOP 45763 ELECTRICAL MATERIAL BOOKS - AS NEEDED FOR FY 2014 BOOKS - AS NEEDED FOR FY 2014 CALIFA MEMBERSHIP FOR FY 2014 CHILDREN BOOK DONATION DVD'S - LIBRARY ON-LINE ANNUAL SUBSCRIPTION FOR FY 2014 PATRON BARCODES - LIBRARY VIDEO CONFERENCING, LONG DISTANCE POSTAGE FOR OVERDUE NOTICES - LIBRARY Start Date End Date 10/9/2013 10/15/2013 End Date Check Date 9/30/2013 10/9/2013 3/3 CHK NO DATE AMOUNT 309497 10/15/13 481.95 309498 10/15/13 1,621.35 309499 10/15/13 158.56 309500 10/15/13 42.75 309501 10/15/13 2,636.28 309502 10/15/13 1,081.24 309503 10/15/13 400.00 309504 10/15/13 245.70 309505 10/15/13 309.47 309506 10/15/13 4,235.00 309507 10/15/13 241.42 309508 10/15/13 11.39 309509 10/15/13 276.00 A/P Total 683,706.41 8,307.98 873,110.58 GRAND TOTAL $ 1,565,124.97 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 10 ITEM TITLE: Warrant Register #17 for the period of 10/16/13 through 10/22/13 in the amount of $567,071.95. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finan e PHONE: 619-336-4331 APPROVED BY:"�lG t ,k _ EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/16/13 through 10/22/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation SDG&E 309563 73,318.37 Facilities Gas & Electric Public Emp Ret System 309586 291,061.28 Retirement Insurance Period 10/1/13-10/14/13 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $567,071.95. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $567,071.95. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #17 • PAYEE BEST BEST & KRIEGER ATTNY LAW CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO EDCO DISPOSAL CORPORATION KANE BALLMER & BERKMAN MAZZARELLA LORENZANA LLP NBS OPPER & VARCO LLP ALDEMCO ALL FRESH PRODUCTS BOARD OF EQUALIZATION BYROM-DAVEY, INC CDWG CLEAN HARBORS CPOA CPOA D MAX ENGINEERING INC DIAMOND ENVIRONMENTAL SVCS DEX ALTH & HUMAN RSRC CNTR HYDRO SCAPE PRODUCTS INC IDENTIX INCORPORATED JERAULDS CAR CARE CENTER JJJ ENTERPRISES KIMLEY HORN AND ASSOC INC KREPPS, B L N CURTIS & SONS LOPEZ, T LOPEZ, T MAN K-9 INC. MATLOCK, J MAYER REPROGRAPHICS METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MEYERS NAVE NAPA AUTO PARTS NATIONAL CITY HISTORICAL SOCIE NRPA ONE SOURCE DISTRIBUTORS O'REILLY AUTO PARTS ORKIN PEST CONTROL PADRE JANITORIAL SUPPLIES PARRON HALL OFFICE INTERIORS RRY FORD OWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY RAULSTON, R REGIONAL TRAINING CENTER WARRANT REGISTER # 17 10/22/2013 DESCRIPTION LEGAL / COMM YOUTH ATHLETIC CENTER LEGAL / MORGAN SQUARE DOCUMENT REVIEW & CORRESPONDENCE WASTE DISPOSAL SERVICES / S A LEGAL / SUCCESSOR AGENCY OPERATIONS LEGAL / ROSENOW, SPEVACEK GROUP, INC LANDSCAPE MAINTENANCE DISTRICT 1 LEGAL / WITOD FOOD CONSUMABLES/NON CONSUMABLES FOOD FOR NUTRITION CENTER SALES TAX LIABILITY - JUL - SEP 2013 REFUND T&A 90018 / 2900 HIGHLAND AVE MICROSOFT EXCHANGE SERVER 2013 HAZARDOUS WASTE PICKUP REGISTRATION: COPWEST CONFERENCE REGISTRATION: COPWEST CONFERENCE NC SECURITY OFFICE PROJECT 1- HANDICAP FLAT RESTROOM FOR TOWER PROFESSIONAL SVCS - CDBG CAPER EMPLOYEE ASST PROGRAM - OCT 2013 MOP 45720 SMALL TOOLS IDENTIX ANNUAL MAINTENANCE R&M CITY VEHICLES ALARM MONITORING BIKE PATH / SVCS THRU SEPT 30, 2013 ED. REIMBURSEMENT 312550 GLOBE. GOLD GEMINI XT GXTREME TRANSLATION SERVICES TRANSLATOR -STATE OF THE CITY ADDRESS MONTHLY MAINTENANCE-SEPT 2013 EDUCATIONAL REIMBURSEMENT INV 0081923-IN/0081922-IN PRINTING PLANS MOP 75943 AUTO PARTS ANNUAL FIRE EXTINUGISHER BUSINESS AMORTIZATION MOP 45735 AUTO PARTS PER TERMS OF LEASE AGREEMENT MEMBERSHIP & SUBSCRIPTIONS MOP 67256 ELECTRICAL MATERIAL MOP 75877 AUTO PARTS PEST MAINTENANCE JANITORIAL SUPPLIES FOR NUTRITION ERGONOMIC RETROFIT R&M CITY VEHICLES EQUIPMENT RENTAL (POWER POLES) MOP 45707 SMALL TOOLS MOP 45742 LAUNDRY SERVICE REIMBURSEMENT CUSTOMER SVC TRAINING CHK NO DATE 309510 10/22/13 309511 10/22/13 309512 10/22/13 309513 10/22/13 309514 10/22/13 309515 10/22/13 309516 10/22/13 309517 10/22/13 309518 10/22/13 309519 10/22/13 309520 10/22/13 309521 10/22/13 309522 10/22/13 309523 10/22/13 309524 10/22/13 309525 10/22/13 309526 10/22/13 309527 10/22/13 309528 10/22/13 309529 10/22/13 309530 10/22/13 309531 10/22/13 309532 10/22/13 309533 10/22/13 309534 10/22/13 309535 10/22/13 309536 10/22/13 309537 10/22/13 309538 10/22/13 309539 10/22/13 309540 10/22/13 309541 10/22/13 309542 10/22/13 309543 10/22/13 309544 10/22/13 309545 10/22/13 309546 10/22/13 309547 10/22/13 309548 10/22/13 309549 10/22/13 309550 10/22/13 309551 10/22/13 309552 10/22/13 309553 10/22/13 309554 10/22/13 309555 10/22/13 309556 10/22/13 309557 10/22/13 309558 10/22/13 1/2 AMOUNT 39,091.17 10,878.41 497.00 110.23 292.50 272.85 1,668.12 2,925.00 1,722.83 244.51 1,818.00 5,600.00 22,424.11 740.00 400.00 350.00 2,390.00 154.40 22.51 712.42 208.87 1,143.00 1,542.65 1,320.00 506.75 1,000.00 12,511.02 210.00 140.00 800.00 595.00 1,296.49 1,698.90 2,226.56 1,732.50 632.39 5,000.00 150.00 279.98 32.69 375.73 239.80 3,741.81 3,148.02 780.00 1,766.22 268.64 30.85 3,300.00 PAYEE S D COUNTY SYMPOSIUM FUND S D COUNTY SYMPOSIUM FUND SAN DIEGO PET & LAB SUPPLY SD COUNTY TREASURER SDG&E SOUND SOLUTION AUTO STYLING SOUTH COUNTY ECONOMIC SOUTHERN CALIF TRUCK STOP STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE SUPERIOR READY MIX SYSCO SAN DIEGO THE LIGHTHOUSE INC THOMSON WEST TODD PIPE & SUPPLY LLC U S BANK U S FINANCIAL LLP U S IDENTIFICATION MANUAL JERGROUND SERVICE ALERT ON TRIBUNE PUB CO V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VILLARINO CONSTRUCTION SVC INC VISION INTERNET PROVIDERS W W GRAINGER WILLY'S ELECTRONIC SUPPLY PUBLIC EMP RETIREMENT SYSTEM VISION SERVICE PLAN (CA) WIRED PAYMENTS TRISTAR RISK MANAGEMENT WARRANT REGISTER # 17 10/22/2013 DESCRIPTION TRAINING / STEVENSON TRAINING / ROBERTS MOP 45753 FOOD FOR K9 POSSESSORY INTEREST FACILITIES GAS & ELECTRIC TINT WINDOWS ON 6 DETECTIVE VEHICLES NC PROJECTS BROCHURE 2013 MOP 45758 GAS AUTOMATIC DOOR REPAIRS MOP 45704 OFFICE SUPPLIES - SA TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS FOOD & CONSUMABLES MOP 45726 AUTO PARTS ON LINE LEGAL RESEARCH PLUMBING MATERIALS, PARTS, SUPPLIES CREDIT CARD EXP - SA REFUND T&A 90013 / 1704 L AVE SUBSCRIPTION RENEWAL UNDERGROUND SERVICE ALERT CHARGES LEGAL NOTICE EMP RECOGNITION ANNIVERSARY PINS MOP 46453 PLUMBING MATERIAL FOR STRAY ANIMAL VET CARE REFUND T&A 1857 / 1831 D AVE ADD FACEBOOK/TWITTER ICONS MOP 65179 ELECTRICAL MATERIAL MOP 45763 MATERIALS & SUPPLIES SERVICE PERIOD 10/01/13-10/14/13 VISION SERVICE PLAN / OCT 2013 SEP 2013 WC REPLENISHMENT GRAND TOTAL CHK NO DATE 309559 10/22/13 309560 10/22/13 309561 10/22/13 309562 10/22/13 309563 10/22/13 309564 10/22/13 309565 10/22/13 309566 10/22/13 309567 10/22/13 309568 10/22/13 309569 10/22/13 309570 10/22/13 309571 10/22/13 309572 10/22/13 309573 10/22/13 309574 10/22/13 309575 10/22/13 309576 10/22/13 309577 10/22/13 309578 10/22/13 309579 10/22/13 309580 10/22/13 309581 10/22/13 309582 10/22/13 309583 10/22/13 309584 10/22/13 309585 10/22/13 309586 10/22/13 309587 10/22/13 A!P Total 92009 10/22/13 2/2 AMOUNT 25.00 25.00 221.98 1,538.41 73,318.37 120.00 1,065.96 98.66 1,242.41 1,119.33 599.62 2,075.52 506.31 580.00 520.36 770.65 100.00 179.85 171.00 724.00 2,348.30 128.95 93.00 100.00 340.20 111.29 71.48 291, 061.28 120.45 518,369.31 48,702.64 $ 567,071.95 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 11 ITEM TITLE: Public Hearing — Conditional Use Permit for a Self -Storage Facility with Accessory Truck Rental located at 1300 Wilson Avenue. (Applicant: U-HauVAmerco) (Case File 2013-20 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: (Plan 'qg,�_ PHONE: 338-4313 APPROVED EXPLANATION: The project site is a 3.29-acre property located on the west side of Wilson Avenue south of Civic Center Drive. The property is developed with a large (70,000 square feet) industrial building. The applicant (U-Haul) wishes to operate a self -storage facillty, with accessory truck and trailer rental, sales of packing and moving supplies, and installation of tow hitches. U-Haul is concurrently processing a Westside Specific Plan Amendment to add this use to Appendix "A' (Land Use) of the Westside Specific Plan. This Conditional Use Permit, if approved, would not be effective unless the Specific Plan Amendment is also approved. City Council considered a Notice of Decision for this item at their meeting of November 5, 2013. Council held the item over for a public hearing in order to discuss adding conditions related to hours of operation. The attached background report describes the proposal in detail. 1 FINANCIAL STATEMENT: ACCOUNT NO. j APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 'Staff recommends approval of the Conditional Use Permit. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruitt ATTACHMENTS: 1. Background Report 5. 2. Recommended Findings for Approval 6. 3. Recommended Conditions of Approval 7. 4. Location Map 8. Public Hearing Notice Planning Commission Staff Report Planning Commission Resolution No. 21-2013 Applicant's Plana u-Nau(, p.rseh}-c,ha ev rJ¢: }Iwo-.s or Ope.,-cholt BACKGROUND REPORT The project site is a 3.29-acre property located on the west side of Wilson Avenue south of Civic Center Drive. The property is developed with a large (70,000 square feet) industrial building. The previous tenant was CP Manufacturing, a company that manufactured recycling equipment (metal fabrication, painting, etc.) The building is currently vacant and in poor repair. Since the property was vacated, the property owner has been courting prospective tenants for the building that do not involve industrial -type uses. U-Haul has been in communication with the owner and wishes to locate a self -storage facility, including rental vehicles, at this location. However, as things stand, this is not a currently permitted use within the Westside Specific Plan area and would need to be added to the allowable uses in order to operate. To that end; U-Haul submitted this Specific Plan Amendment in order to add `Self -Storage Facility with Accessory Truck Rental' (subject to a Conditional Use Permit) to Appendix A (Land Use) of the Westside Specific Plan. The subject property is a unique lot in that it is long and skinny. Although it is over 970 feet long, it is only 183 deep. It is also developed with a large building that covers about half of the lot. With a storage lot at the south end and a large parking lot on the north end, the lot is suited for a large-scale manufacturing use. Per the City's Non -Conforming Use Ordinance, a use may continue provided that it does not lapse for more than 12 months. In this case, the property owner generally has until the end of the year before losing the lawful non -conforming status. The owner has received interest from another industrial manufacturing company that can move in right away; however, the owner would prefer a new use that would be more of an upgrade to the area. They have stated that prospective industrial tenants are only interested in moving to the building as is, and do not wish to spend any money on building upgrades. In an effort to provide flexibility for the property owner and to bring in a less impactful use to the neighborhood, the non -conforming status period has been tolled while the associated discretionary permits are being processed. The property is located at the confluence of two major rights -of -way — Interstate 5 and Civic Center Drive. As such, most vehicles going to and from the area would likely be utilizing those streets to exit and/or move throughout the City. Therefore, the subject property would be a better candidate for such a use than other parcels located further south on Wilson Avenue. The applicant provided a Phase I Environmental Assessment for the property that was recently conducted. The assessment indicated potential issues with an underground storage tank, contaminated soils, maintenance of storm water filtration equipment, and asbestos/lead-based paint -containing materials. U-Haul has committed to remedying these items, which are included as Conditions of Approval (No. 16 —19). i U-Haul wishes to purchase the property outright. They have proposed adaptive reuse of the existing building that would represent a roughly $5 million investment in the property. Improvements would include a new exterior facade, new roof, extensive landscaping, and a new rental showroom. The facility would be primarily self -storage, but would also offer truck and trailer rental, sales of packing and moving supplies, and installation of tow hitches. U-Haul operates only gasoline -powered vehicles (no diesel). The company follows a fairly consistent pattern with regard to new outlets, which allows for potential results to be known ahead of time. For example, a standard -sized facility generates approximately $2.5 million in taxes over a ten-year period (average of existing locations). Other area U-Haul locations also have high rates of local employment. According to the applicant, there are local hiring numbers as high as 90% in Oceanside and almost 100% in Escondido. U-Haul also has a re -use program to reduce the amount of used goods being abandoned. Re -use centers allow for customers to leave their unwanted but reusable belongings, such as furniture, for others to take and use. U-Haul generally serves the community within 3 '/z miles of the outlet. The eventual number of trucks is anticipated to be 40-45, based on use in the San Diego Metro area. A Condition of Approval limits the maximum number to 50. Conditions also require only non -diesel vehicles and require that all vehicles be stored on site (not on adjacent city streets). According to U-Haul, storage and rental centers generate Tess and lighter vehicle traffic than a comparably -sized industrial or commercial use. For example, a typical center of 80,000 square feet (10,000 square feet larger than the subject building) would generate approximately 31 average daily trips (ADT) on a weekday and 53 on a weekend day. Traffic generation data provided for another project by a traffic engineer for the applicant indicated an average trip generation rate of 0.36 ADT per 1,000 square feet for a weekday and 0.72 on a weekend day. This would be 25.2 ADT and 50.4 ADT respectively for the subject property. The previous industrial use would have generated approximately 280 ADT, per information provided by SANDAG. Based on the low expected ADT and access to the freeway, staff is of the opinion that the facility would not have a significant impact on traffic in the area. The majority of parking spaces are to be located on the north end of the property. Rental truck pick up and drop off would be in the north yard, with overflow space available in the south yard. 11 standard vehicle parking spaces, including two handicapped -accessible spaces are shown located adjacent to the smaller single story metal building located at the north end of the main building. The total retail area of this building would be 2,065 square feet, which would require 9 parking spaces. The Land Use Code does not specify how much parking is required for a self -storage warehouse. However, U-Haul Centers are not typical mini -warehouse facilities. Their unique design allows patrons to Toad and unload vehicles at special loading spaces (the south end of the subject building in this case). These spaces are located immediately 2 adjacent to the building and provide internal access to each self -storage unit via corridors and elevators. Typical mini -warehouse storage is configured in long rows of storage units accessed form garage -type doors via private common alley/roadways. Trip generation data from a similar standard U-Haul facility (O'Fallon U-Haul Center in Missouri) for customers accessing self -storage units in the main building during peak times indicated that only five spaces were generally needed (including for the retail component). Therefore, 11 dedicated parking spaces appear sufficient. There is also ample room for overflow parking given the large north and south yard areas. However, the north and south lots are large enough to accommodate over 100 vehicles in total. There are relatively few residential properties located along Wilson Avenue in this location, which would reduce the amount of residents affected by the use. Of the 14 properties located on this portion of Wilson Avenue (two blocks) developed with the subject property, five contain residential units (36%).The smaller and quieter trucks, most of which would likely be heading north on Wilson, would have less of an impact than the large diesel semis that previously utilized the site. The project is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301. This section allows for conversion of existing facilities. The Planning Commission considered the Conditional Use Permit at their meeting September 16, 2013, at which time the Planning Commission recommended approval of the Conditional Use Permit, as well as the concurrent Specific Plan Amendment. City Council considered a Notice of Decision for this item at their meeting of November 5, 2013. Council held the item over for a public hearing in order to discuss adding conditions related to hours of operation. The hours of operation for company -owned outlets (such as this one) are 7 a.m. to 7 p.m. Monday to Friday, 7 a.m. to 8 p.m. on Saturdays, and 9 a.m. to 5 p.m. on Sundays. U- Haul has stated that these hours are standard advertised hours and are the same countrywide. Franchise stores, however, have varying hours depending on the particular owner/management. U-Haul storage facilities also have a VIP program, which provides 24-hour access for VIP customers, such as businesses or longtime customers, who pay an additional fee. In summary, the proposed use will be an upgrade, both environmentally and aesthetically, on the area. The unique location of the property close to major thoroughfares allows efficient access to and from the property without creating significant impacts on neighboring properties. Based on the low expected ADT and access to the freeway, the facility will not have a significant impact on traffic or traffic -related pollution in the area, but rather would reduce such impacts. As a note, this Conditional Use Permit, if approved, would notbe effective unless the associated Specific Plan Amendment is also approved. 3 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2013-20 CUP —1300 Wilson Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use would be contained within the existing building envelope, and all activities would be contained on the subject site. 2. That the site has sufficient access to Wilson Avenue and Civic Center Drive, both Collector streets with direct access to Interstate 5, operating at a Level of Service (LOS) of A and C respectively, to accommodate the approximate maximum of 5 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will be completely contained within the existing building and property, and since only gasoline vehicles will be used in conjunction with the business. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the conversion of an existing industrial use to a non -industrial use and will contribute to the viability of the existing commercially -zoned property. 4 RECOMMENDED CONDITIONS OF APPROVAL 2013-20 CUP —1300 Wilson Ave. General 1. The Conditional Use Permit shall not be considered valid, nor construction plans accepted for a self -storage facility, until the associated Specific Plan Amendment has been approved. 2. This Conditional Use Permit authorizes a self -storage facility with accessory truck rental and hitch installation. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits B and C, Case File No. 2013-20 SPA, CUP dated 8/21/2013. 3. Within four (4) days of 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 City Planning Department. 4. This Conditional Use Permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, Fire and Accessibility Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Fire, and Accessibility Codes. Engineering 7. 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 5 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 Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. 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. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. 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 be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. 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. 13. 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. Fire 14. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA, current edition of the CFC, and Title 19 of the California Code of Regulations. 6 Planning 15. A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code. 16. Remove and dispose of the existing on site underground storage tank (UST) and its contents. Confirmatory soil and groundwater sampling should also be conducted in this area to determine if a release has occurred. 17. A limited subsurface investigation shall be conducted in order to determine the presence or absence of soil and/or groundwater contamination, specifically in the areas of the observed clarifiers, floor drains, and unidentified subsurface features within the warehouse building (Building 1). 18. Clean out the Existing catch basins, drains, inlets, and cleanouts shall be cleaned and associated waste properly disposed of. 19. Based on the information provided in the survey completed by Ninyo & Moore in 1999, the observed damaged areas of confirmed asbestos -containing materials and lead -based paints shall be abated and an O&M Plan be implemented to manage the remaining areas of intact confirmed asbestos -containing materials and lead -based paints in place. 20. All rental trucks shall be stored on the site and not on adjacent public streets. 21. No more than 50 rental trucks shall be stored on site at any one time. 22. The rental truck fleet shall be exclusively gasoline -powered (or hybrid/alternative fuel -powered). No diesel -powered vehicles are permitted as part of the rental fleet. 23. 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 Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 7 MM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1237 1239 / -Givic‘Center Dr- r (n 0. N 1 1 1 1228 423 1240 1234 1305 1323 1329 1341 ' MCR-2 1322 1326 1330 V -W. 14th.St 1413 1419 1427 1429 1336 1408 1414 1428 1440 W. 15th St N W 1 1515 ' 1523 1 1 1533 I MCR-1 I � I 1508 1510 1524 1540 W. 16th St 1609 1619 N 0 pA 1624 1M1 MVO RS-4 MO Project Locations Zone Boundary e I I I I Feet 0 100 200 400 APN: 559-061-14 & 15 Planning Commission Location Map 2013-20 A, CUP 9 . 3 . 1 3 8 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 19, 2013, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider a: CONDITIONAL USE PERMIT APPLICATION FROM U-HAUL TO OPERATE A SELF -STORAGE FACILITY, WITH ACCESSORY TRUCK AND TRAILER RENTAL, SALES OF PACKING AND MOVING SUPPLIES, AND INSTALLATION OF TOW HITCHES AT 1300 WILSON AVENUE. 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 raised at the Public Hearing described in this Notice or in written correspondence delivered prior to or during the Public Hearing. The Planning Commission, at their September 16th Meeting, by unanimous vote, recommended approval of the Conditional Use Permit. November 6, 2013 Michael R./balla, CMC City Clerk 9 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Property Location: Assessor's Parcel No.: Staff report by: Applicant: Zoning designation: Project size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 6 September 16, 201: PUBLIC HEARING - SPECIFIC PLAN AMENDMENT ADDING "SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL" TO APPENDIX A OF THE WESTSIDE SPECIFIC PLAN AS A CONDITIONALLY -ALLOWED USE IN THE LIMITED COMMERCIAL (CL) ZONE, AND CONDITIONAL USE PERMIT FOR A SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL LOCATED AT 1300 WILSON AVENUE. 2013-20 SPA, CUP Southwest corner of Wilson Ave. and Civic Center Dr. 559-061-15 & 14 Martin Reeder, AICP — Principal Planner U-Haul Limited Commercial (CL) — Westside Specific Plan 3.29 acres Northbound 1-5 on -ramp / OS Industrial and Residential uses across Wilson Avenue / MCR-1 Industrial use across W. 16th Street / CL Interstate 5 / OS Categorical Exemption. Class 1, Section 15301 (Existing Facilities) 10 BACKGROUND Site Characteristics The project site is a 3.29-acre property located on the west side of Wilson Avenue south of Civic Center Drive. The property is developed with a large (70,000 square feet) industrial building. The previous tenant was CP Manufacturing, a company that manufactured recycling equipment (metal fabrication, painting, etc.) The building is currently vacant and in poor repair. History The Planning Commission voted to initiate the Specific Plan Amendment at their meeting of August 5, 2013. The applicant has since also applied for a Conditional Use Permit that is being processed concurrently with the amendment. Proposal Since the property was vacated, the property owner has been courting prospective tenants for the building that do not involve industrial -type uses. U-Haul has been in communication with the owner and wishes to locate a self -storage facility, including rental vehicles, at this location. However, as things stand, this is not a currently permitted use within the Westside Specific Plan area and would need to be added to the allowable uses in order to operate. To that end, U-Haul submitted this Specific Plan Amendment in order to add 'Self -Storage Facility with Accessory Truck Rental' (subject to a Conditional Use Permit) to Appendix A (Land Use) of the Westside Specific Plan. Analysis The subject property is a unique lot in that it is long and skinny. Although it is over 970 feet long, it is only 183 deep. It is also developed with a large building that covers about half of the lot. With a storage lot at the south end and a large parking lot on the north end, the lot is suited for a large-scale manufacturing use. Per the City's Non -Conforming Use Ordinance, a use may continue provided that it does not lapse for more than 12 months. In this case, the property owner has until the end of the year before losing the lawful non -conforming status. The owner has received interest from another industrial manufacturing company that can move in right away; however, the owner would prefer a new use that would be more of an upgrade to the area. They have stated that prospective industrial tenants are only interested in moving to the building as is, and do not wish to spend any money on building upgrades. The amendment would affect the Limited Commercial (CL) zone in the Westside Specific Plan area. The CL zone is located on the west side of Wilson Avenue between Civic Center Drive and Mile of Cars Way. Issues to consider are mostly related to traffic, given the history of large trucks in the area and their associated impacts (pollution and noise). In the case of U-Haul, only gasoline -powered vehicles are used in their rental 11 fleet, which are smaller and Tess polluting than diesel -powered semi -trucks. They are also significantly quieter. Given that this use and any future such use would be subject to a Conditional Use Permit, the use would be analyzed on a case by case basis to ensure that any impacts to surrounding uses are minimal. The CUP requirement would also allow staff to mandate other conditions as required. The property is located at the confluence of two major rights -of -way — Interstate 5 and Civic Center Drive. As such, most vehicles going to and from the area would likely be utilizing those streets to exit and/or move throughout the City. Therefore, the subject property would be a better candidate for such a use than other parcels located further south on Wilson Avenue. Property Condition The applicant provided a Phase I Environmental Assessment for the property that was recently conducted. The assessment indicated potential issues with an underground storage tank, contaminated soils, maintenance of storm water filtration equipment, and asbestos/lead-based paint -containing materials. U-Haul has committed to remedying these items, which are included as Conditions of Approval. U-Haul wishes to purchase the property outright. They have proposed adaptive reuse of the existing building that would represent a roughly $5 million investment in the property. Improvements would include a new exterior facade, new roof, extensive landscaping, and a new rental showroom. The facility would be primarily self -storage, but would also offer truck and trailer rental, sales of packing and moving supplies, and installation of tow hitches. In the case of U-Haul, the company operates only gasoline -powered vehicles (no diesel). The company follows a fairly consistent pattern with regard to new outlets, which allows for potential results to be known ahead of time. For example, a standard - sized facility generates approximately $2.5 million in taxes over a ten-year period (average of existing locations). Other area U-Haul locations also have high rates of local employment. According to the applicant, there are local hiring numbers as high as 90% in Oceanside and almost 100% in Escondido. U-Haul also has a Re -Use program to reduce the amount of used goods being dumped. Re -use centers allow for customers to leave their unwanted but reusable belongings, such as furniture, for others to take. Traffic./Circulation U-Haul generally serves the community within 3 1/2 miles of the outlet. The eventual number of trucks is anticipated to be 40-45, based on use in the San Diego Metro area. A Condition of Approval limits the maximum number to 50. Conditions also require only non -diesel vehicles and require that all vehicles be stored on site (not on adjacent city streets). 12 According to U-Haul, storage and rental centers generate less and lighter vehicle traffic than a comparably -sized industrial or commercial use. For example, a typical center of 80,000 square feet (10,000 square feet larger than the subject building) would generate approximately 31 average daily trips (ADT) on a weekday and 53 on a weekend day. Traffic generation data provided for another project by a traffic engineer for the applicant indicated an average trip generation rate of 0.36 ADT per 1,000 square feet for a weekday and 0.72 on a weekend day. This would be 25.2 ADT and 50.4 ADT respectively for the subject property. The previous industrial use would have generated approximately 280 ADT, per information provided by SANDAG. Based on the low expected ADT and access to the freeway, staff is of the opinion that the facility would not have a significant impact on traffic in the area. The majority of parking spaces are to be located on the north end of the property. Rental truck pick up and drop off would be in the north yard, with overflow space available in the south yard. 11 standard vehicle parking spaces, including two handicapped -accessible spaces are to be located adjacent to the smaller single story metal building located at the north end of the main building. The total retail area of this building would be 2,065 square feet, which would require 9 parking spaces. The Land Use Code does not specify how much parking is required for a self -storage warehouse. However, U-Haul Centers are not typical mini -warehouse facilities. Their unique design allows patrons to Toad and unload vehicles at special loading spaces (the south end of the subject building in this case). These spaces are located immediately adjacent to the building and provide internal access to each self -storage unit via corridors and elevators. Typical mini -warehouse storage is configured in long rows of storage units accessed form garage -type doors via private common alley/roadways. Trip generation data from a similar standard U-Haul facility (O'Fallon U-Haul Center in Missouri) for customers accessing self -storage units in the main building during peak times indicated that only five spaces were generally needed (including for the retail component). Therefore, 11 dedicated parking spaces appear sufficient. There is also ample room for overflow parking given the large north and south yard areas. Adjacent uses There are relatively few residential properties located along Wilson Avenue in this location, which would reduce the amount of residents affected by the use. Of the 14 properties located on this portion of Wilson Avenue (two blocks) developed with the subject property, five contain residential units (36%).The smaller and quieter trucks, most of which would likely be heading north on Wilson, would have less of an impact than the large diesel semis that previously utilized the site. CEQA The project is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301. This section allows for conversion of existing facilities. 13 Summary The requirement for a Conditional Use Permit would allow analysis of potential issues to ensure appropriate placement of such businesses. Additional studies regarding traffic, parking, etc. would be required or conditioned on a case by case basis. More importantly, approving the Specific Plan Amendment would not result in automatic permission to build a self -storage facility anywhere in the CL zone. The proposed use will be an upgrade, both environmentally and aesthetically, on the area. The unique location of the property close to major thoroughfares allows efficient access to and from the property without creating significant impacts on neighboring properties. Based on the low expected ADT and access to the freeway, the facility will not have a significant impact on traffic or traffic -related pollution in the area, but rather would reduce such impacts. RECOMMENDATION 1. Approve 2013-20 SPA, CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2013-20 SPA, CUP based on findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 46 property owners) 6. Site Photos 7. Project Narrative 8. Applicant's Plans (Exhibits B and C, Case File No. 2013-20 SPA, CUP dated 8/21/2013) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 14 RECOMMENDED FINDINGS FOR APPROVAL OF A SPECIFIC PLAN AMENDMENT ADDING "SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL" TO APPENDIX A OF THE WESTSIDE SPECIFIC PLAN AS A CONDITIONALLY -ALLOWED USE IN THE LIMITED COMMERCIAL (CL) ZONE 2013-20 SPA 1. That the proposed amendment is in the public interest and is consistent with General Plan policy, as a Conditional Use Permit would be required for any new self -storage and/or truck rental facility, which would assure compliance with General Plan policies regarding vehicle traffic. 2. That the proposed amendment will allow for conversion of existing industrial uses to cleaner non -industrial uses within the CL zone, which is intended for service -related commercial uses, including storage and equipment rental. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2013-20 CUP — 1300 Wilson Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use would be contained within the existing building envelope, and all activities would be contained on the subject site. 2. That the site has sufficient access to Wilson Avenue and Civic Center Drive, both Collector streets with direct access to Interstate 5, operating at a Level of Service (LOS) of A and C respectively, to accommodate the approximate maximum of 5 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will be completely contained within the existing building and property, and since only gasoline vehicles will be used in conjunction with the business. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the conversion of an existing industrial use to a non -industrial use and will contribute to the viability of the existing commercially -zoned property. 15 RECOMMENDED CONDITIONS OF APPROVAL 2013-20 CUP —1300 Wilson Ave. General 1. The Conditional Use Permit shall not be considered valid, nor construction plans accepted for a self -storage facility, until the associated Specific Plan Amendment has been approved. 2. This Conditional Use Permit authorizes a self -storage facility with accessory truck rental and hitch installation. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits B and C, Case File No. 2013-20 SPA, CUP dated 8/21/2013. 3. Within four (4) days of 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 City Planning Department. 4. This Conditional Use Permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, Fire and Accessibility Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Fire, and Accessibility Codes. Engineering 7. 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 16 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 Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. 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. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. 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 be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. 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. 13. 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. Fire 14. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA, current edition of the CFC, and Title 19 of the California Code of Regulations. 17 Planning 15. A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code. 16. Remove and dispose of the existing on site underground storage tank (UST) and its contents. Confirmatory soil and groundwater sampling should also be conducted in this area to determine if a release has occurred. 17. A limited subsurface investigation shall be conducted in order to determine the presence or absence of soil and/or groundwater contamination, specifically in the areas of the observed clarifiers, floor drains, and unidentified subsurface features within the warehouse building (Building 1). 18. Clean out the Existing catch basins, drains, inlets, and cleanouts shall be cleaned and associated waste properly disposed of. 19. Based on the information provided in the survey completed by Ninyo & Moore in 1999, the observed damaged areas of confirmed asbestos -containing materials and lead -based paints shall be abated and an O&M Plan be implemented to manage the remaining areas of intact confirmed asbestos -containing materials and lead -based paints in place. 20. All rental trucks shall be stored on the site and not on adjacent public streets. 21. No more than 50 rental trucks shall be stored on site at any one time. 22. The rental truck fleet shall be exclusively gasoline -powered (or hybrid/alternative fuel -powered). No diesel -powered vehicles are permitted as part of the rental fleet. 18 NA: ItY ''li8`8 7 , CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2012-20 SPA, CUP Project Location: 1300 Wilson Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Specific Plan Amendment Adding "Self -Storage Facility with Accessory Truck Rental" to appendix a of the Westside Specific Plan as a conditionally -allowed use in the Limited Commercial (CL) zone, and conditional use permit for a Self -Storage Facility with Accessory Truck Rental located at 1300 Wilson avenue. Applicant Name and Address: U-Haul International c/o: Randy Lopez PO Box 21502 Phoenix, AZ 85036-1502 Telephone Number: (602) 263-6555 Exempt Status: ® Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment, seeing that subsequent projects will be subject to a Conditional Use Permit and associated CEQA review, and since the subject project will utilize an existing building without expanding the footprint. Furthermore, traffic generated by the use would be less polluting and frequent than the previous industrial use. Date: MARTIN REEDER, AICP Principal Planner 19 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING PUBLIC HEARING - SPECIFIC PLAN AMENDMENT ADDING "SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL" TO APPENDIX A OF THE WESTSIDE SPECIFIC PLAN AS A CONDITIONALLY -ALLOWED USE IN THE LIMITED COMMERCIAL (CL) ZONE, AND CONDITIONAL USE PERMIT FOR A SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL LOCATED AT 1300 WILSON AVENUE. CASE FILE NO: 2013-20 SPA, CUP The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 16, 2013, in the City Council Chambers, 1243 National City Blvd., National City, California on a proposed request (U-Haul). The applicant proposes to add "Self -Storage Facility with Accessory Truck Rental" as a conditionally -allowed use in the CL zone of the Westside Specific Plan area in order to convert the existing industrial building to a U-Haul self -storage facility. Members of the public are invited to comment. Any person interested in this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Division on or before 12 p.m., September 16, 2013. Planning Division staff may be contacted at 619-336-4310 or planninganationalcityca.gov. 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 public hearing entity conducting the hearing at, or prior to, the public hearing. PLANNING DEPARTMENT BRAD RAULSTON Executive Director 20 21 22 23 In N N 1 r N i 1 28 1 N 30 AMERCO® REAL ESTATE COMPANY 2727 NORTH CENTRAL AVENUE, 5-N • PHOENIX, ARIZONA 85004 PHONE: 602.263.6555 • FAX: 602.277.5824 • EMAIL parul@uhaul.com NARRATIVE PROJECT SUMMARY AMERCO Real Estate Company (AREC) is interested in purchasing the property located at 1500 Wilson Avenue (APN: 5590611500). AREC is the wholly owned real estate subsidiary of the U-Haul System. AREC is submitting this narrative for the opportunity to receive the participation and counseling from the City of National City in regards to a text amendment to add self -storage and truck and trailer rental as conditionally permitted uses to the CL zone. The property at Wilson Avenue is currently developed and U-Haul proposes an adaptive re -use of the existing building; which incorporates self -storage, truck and trailer rental, and retail services. The north portion of the property, along Civic Center Drive, would provide customer parking and display U-Haul trucks and trailers. The showroom, hitch bays, and self -storage would be positioned towards the north side of the building. The typical U-Haul office is approximately 2,500 s.f. in size. U-Haul is proposing truck and trailer rental but the number of trucks has not yet been determined. The placement of these trucks and trailers is also unknown at this time. The property is currently zoned 'CL within the West Side Specific Plan' that does not allow self -storage or truck rental and will require a text amendment. We feel U-Haul would be an appropriate use for the property due to the close proximity to a main arterial street, Civic Center Drive, and a major freeway, San Diego Freeway 1-5. U-Haul is more of a commercial type use that serves the residential communities within a 3-5 mile radius unlike the existing industrial type uses found to the south, west, and north side. U-Haul moving and storage facilities act as a good transition from industrial uses to residential such as the homes found to the east of the property. In fact, there are proven benefits for allowing self -storage facilities in communities: • Self storage facilities are quiet • They provide an excellent buffer between zones • They create very little traffic • They have little impact on utilities 31 • They have no impact on schools • They provide a good tax revenue • They provide a community service U-Haul moving and storage are convenience businesses. Our philosophy is to place centers in high growth residential areas, where we fill a need for our products and services. Customers are made aware of the U-Haul center, primarily via drive -by awareness, much like that of a convenience store, restaurant or hardware store. Attractive imaging and brand name recognition bring in area residents — by our measures, those who live within a four -mile radius of the center. Custom site design for every U-Haul moving and storage center assures that the facility compliments the community it serves by architectural compatibility and attractive landscaping. Adherence to community objectives is key, so that the U-Haul moving and storage center is a neighborhood asset, and is assured of economic success. U-Haul looks forward to working with National City and we look forward to your consideration of the conceptual development plan that we are submitting at this time. Please provide us with your feedback and any comments you may have. THE U-HAUL MOVING AND STORAGE FACILITY U-Haul moving and storage centers characteristically serve the do-it-yourself household customer. In a typical day at U-Haul, the center will be staffed with a general manager and two to three customer service representatives. Families will generally arrive in their own automobiles, enter the showroom and may choose from a variety of products and services offered there. • Families typically use U-Haul self -storage facilities to store furniture, household goods, sporting equipment or holiday decorations. Often prompted by moving to a smaller home, combining households or clearing away clutter to prepare a home for sale, storage customers will typically rent a room for a period of two months to one year. • U-Haul moving and storage centers also rent trucks and trailers for household moving, either in -town or across country. • Families who need packing supplies in advance of a move or to ship personal packages can choose from a variety of retail sales items, including cartons, tape and packing materials. • Families who tow U-Haul trailers, boats or recreational trailers can select and have installed the hitch and towing packages which best meet their needs. 32 • Moving and storage are synergistic businesses. Over half of our storage customers tell us they used U-Haul storagebecause of a household move. Customers will typically rent U-Haul equipment or use their personal vehicle to approach the loading area and enter the building through the singular customer access. All new storage facilities are designed with interior storage room access, giving the customer the added value of increased security, and the community the benefit of a more aesthetically pleasing exterior. SIGNIFICANT POLICIES: • Hours of Operation: Mon. - Thurs. 7:00 a.m. to 7:00 p.m. Fri. 7:00 a.m. to 8:00 p.m. Sat. 7:00 a.m. to 7:00 p.m. Sun. 9:00 a.m. to 5:00 p.m. • All U-Haul storage customers are issued a card -swipe style identification card that must be used to gain access to their room. This is but one of many security policies which protect the customer's belongings and decrease the ability of unauthorized access to the facility. • It is against policy for a business to be operated from a U-Haul storage room. • Customers and community residents who wish to use the on -site dumpsters for disposing of refuse must gain permission to do so, and are assessed an additional fee. • Items that may not be stored, include: chemicals, flammables, and paints. • U-Haul facilities are protected by video surveillance. • U-Haul moving and storage centers are non-smoking facilities. • U-Haul will provide added service and assistance to our customers with disabilities. 33 RESOLUTION NO. 21-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT ADDING "SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL" TO APPENDIX A OF THE WESTSIDE SPECIFIC PLAN AS A CONDITIONALLY -ALLOWED USE IN THE LIMITED COMMERCIAL (CL) ZONE, AND CONDITIONAL USE PERMIT FOR A SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL LOCATED AT 1300 WILSON AVENUE. APPLICANT: U-HAUL. CASE FILE NO. 2013-20 SPA, CUP APN: 559-061-15 & 14 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of Califomia, proceedings were duly initiated for the amendment of the Westside Specific Plan, Appendix A; and, WHEREAS, the Planning Commission of the City of National City, Califomia, considered said proposed amendment at a duly advertised public hearing held on September 16, 2013, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2013-20 SPA, CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State and Federal 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 evidence presented to the Planning Commission at the public hearing held on September 16, 2013, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF A SPECIFIC PLAN AMENDMENT 1. That the proposed amendment is in the public interest and is consistent with General Plan policy, as a Conditional Use Permit would be required for any new 34 self -storage and/or truck rental facility, which would assure compliance with General Plan policies regarding vehicle traffic. 2. That the proposed amendment will allow for conversion of existing industrial uses to cleaner non -industrial uses within the CL zone, which is intended for service -related commercial uses, including storage and equipment rental. 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 proposed use would be contained within the existing building envelope, and all activities would be contained on the subject site. 2. That the site has sufficient access to Wilson Avenue and Civic Center Drive, both Collector streets with direct access to Interstate 5, operating at a Level of Service (LOS) of A and C respectively, to accommodate the approximate maximum of 5 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will be completely contained within the existing building and property, and since only gasoline vehicles will be used in conjunction with the business. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the conversion of an existing industrial use to a non -industrial use and will contribute to the viability of the existing commercially -zoned property. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. The Conditional Use Permit shall not be considered valid, nor construction plans accepted for a self -storage facility, until the associated Specific Plan Amendment has been approved. 2. This Conditional Use Permit authorizes a self -storage facility with accessory truck rental and hitch installation. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits B and C, Case File No. 2013-20 SPA, CUP dated 8/21/2013. 3. Within four (4) days of 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 City Planning Department. 35 4. This Conditional Use Permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, Fire and Accessibility Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Fire, and Accessibility Codes. Engineering 7. 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 Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. 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. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 36 10. 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 be remove and relocate all irrigation items from the public right -of --way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. 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. 13. 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. Fire 14. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA, current edition of the CFC, and Title 19 of the Califomia Code of Regulations. Planning 15. A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code. 16. Remove and dispose of the existing on site underground storage tank (UST) and its contents. Confirmatory soil and groundwater sampling should also be conducted in this area to determine if a release has occurred. 17. A limited subsurface investigation shall be conducted in order to determine the presence or absence of soil and/or groundwater contamination, specifically in the areas of the observed clarifiers, floor drains, and unidentified subsurface features within the warehouse building (Building 1). 18. Clean out the Existing catch basins, drains, inlets, and cleanouts shall be cleaned and associated waste properly disposed of. 19. Based on the information provided in the survey completed by Ninyo & Moore in 1999, the observed damaged areas of confirmed asbestos -containing materials and lead -based paints shall be abated and an O&M Plan be implemented to 37 manage the remaining areas of intact confirmed asbestos -containing materials and lead -based paints in place. 20. All rental trucks shall be stored on the site and not on adjacent public streets. 21. No more than 50 rental trucks shall be stored on site at any one time. 22. The rental truck fleet shall be exclusively gasoline -powered (or hybrid/alternative fuel -powered). No diesel -powered vehicles are permitted as part of the rental fleet. 23. 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 Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 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 September 16, 2013, by the following vote: AYES: Alvarado, Baca, Bush, DelaPaz, Flores, Garcia, Pruitt NAYS: ABSENT: ABSTAIN: CHAIRPERSON 38 • U 5 SPECIFIC SITE PLAN AMENDMENT 1300 WILSON AVENUE NATIONAL CITY, CA 91950 Iv co al • r II• • • •WILSON AVENUE• I 1 I • se s- T� — C Lc /1 MOW 5.0. R . CRY . -. S.U. & &E- RY ni 1 OVERALL SITE PLAN 2 AERIAL N1• 3 r VICINITY MAP NTI ADORERS 130N1LSON AVE ZONE Q-NA1H1 Cd IEROAL MINN TEPRSTRIE SPEOFICRVN CURRENT USE Fi- FACTORY. NNA•M:IVPM' PROPOSEDU. S1- STORAGE MON-METONTIE F£Q£4f 0.N IMENp1.B1T10THE 5ESTSOE5Ri$IC PUN TO INCLUDE TRUCK RENTAL MCI SELFSTUNAGE AS ISMWI... USE 10 THE PERNISC1 P USES 4 I ZONING EXHIBIT B CASE FILE NO. 2013-20 CUP DATE: 8/21/2013 9P1 TRF SNEETI SIZE PON AI MOOR PUNS Ell ELEVATIONS .51 UNOSCAPE PUN SCREW SOILS: 1.102111e.a 9c•: .OPRC1 leak AMERCO. MagNIIMM mRMMM — CMr IMP 11RECEYE •s ISM r n P: (P� R3--1oa0RO )9 mVI 11R If01pY IWOWIem Awn• Ntlbel Ct/. tl 91950 MELT COMM'. 9M Men 887051 MC 0 5 I SHEET INDEX SP1 ETM•NIPM t FtMJ EI!¢ tt:W LSOSS SF. rI 1 ON l �nan J 1•mair111a11i■ •i1�11��1115� -0 i. J CJ 3 4 ENLARGED FLOOR PLAN - SHOWROOM AND D&R BAY PROPOSED ROOM MIX ormikommommoillEDIECHEI2 I©IDm I©mm RC REIM1:1=m' W.Ift E:11=1:1:1 m'EVimED W 1t111110mm1511:111 1 511 •mPik 1E1E=m CZ IIINE317011:113:11 1 111111.011111:1m®J!I1ICIIfl® PROPOSED ROOM MIX mwiie S minis -if.ir15V"'7i't nen-n1..MR mmnMua - tll eWOM. ,&O Sr. - eM t MM. OM- UV' 1 I PROPOSED FIRST FLOOR T.I. PLAN 2 PROPOSED NEW SECOND FLOOR PLAN SCALE , _W, s 8 1 MIORBP+ SOW MENOM eMn AMERCOIMINIUMETE MIN. IRMA MO n oe) ,,,- — Mrt wags. MO Mon Menon unbn+�tnr,CA SMso SKIT fMnlnR Moo. Meer FM 887051 cal ea Al .lame.. 11111IlIlI1, 11 0.w o Ir.lr aM eer m: rum MIME ■iiulw �ri�PINIMINEWr,ha ���ii�uulilVI` 11 111 1111 llI n1 r• .t Icw r+s.-� WEST ELEVATION SCALE: 1)I3'.1V 2 1 SOUTH ELEVATION 111 1 1 1,1 .(- , 1 --.[0 riq rLl CYYF _m 111111 II 1111111 111 r, 307.-/ m r. WM/ `relr unr snml ern erl u 1II ■ "IT ---� jl .oillllii1�II w Ill-1, Ii'.,.0 9111111111111 I_� #�� ICI I (II II1 11 n III 1111 III IIIIR_. 1 1,r 9LNf: 1ne•.1 0 11111/11 3VIr OM eer 3 EAST ELEVATION SCALE: 1113.-1'8 SCALE: IM-1 4 1 NORTH ELEVATION 6 0 enr..13e rerta0r a MICIIIMC, WW1 AIVO. ss.re.rlewt PT WAN n.R 11013 .....r MP NM'' m-Isr IWO Wkcn Avenue N.INnI dp. CA 01055 IDRn GOMM. NOWr1 EbvtllOr 887051 PWLIPM a a 'I re a1 REMOVE Rx� R0.10 S EMU 1- E) w, TO ROW VI tt+IER9E REMOVE (E) TREE O X - T00 CAS MAM / - ^ 1 SHOPS I FOR PROPOSED ST I RE•PFE (E) TREE FO• REMOVE (E) TREE - ORNEWAY ,IRLORIO °MACE - WILI wM F N f IF1I -- F_ fn , I I Tii•�� PER CIh) C.11011 0RD.. II I ( ;ALSON AVENUE, _• L I • _ i 1 _ 14 . 'MOt[,ICWP` zI 3 CIVIC CENTER ORI1 1 # ' I• - METALIMMO ' .° e i III tIIfl11 I A 1M o 60 j °fII I REMO.E 2 (E) _ TREES-FGR NEW" d ro 1Itiil y' 1 1 CONCEPTUAL LANDSCAPE PLAN BC.^LE 1-"Ad m M. aRO R w. lN.mdP..w Edli]L�3L B•kBAa•A. •••••'. Oo t#M«datfl% Ineta'! R.XYM ROSIOtl.AOIa. OEd[Xrpau. Inman 0 ply,* 1•9142019P9W1FVA a —0 'b o FA.01a.Mn ann. • O.JI © AMviB.me * E 'l M..k.n Fen PMnameki aI •. e..bin 0 LaMm • • Bwdp..m.. • PFk IniMl,a.F.T1 i 2 PLANTING SCHEDULE B 1 V FaCtiNSMAL !Ma ABO•LQ LOC. AMERCO MOMBEINEW MOMENT A•AI RR— MP% POW "WIC a•Ma RM_Wd0 F. 1 }11-10PF MY AMOS I XOW1a.AnM Mafia. O1V. CAPI950 PUT OWEN* net.., lardsoVe Ran O 887051 I: LS1 MAYO Ay CONCEPTUAL RENDERING LE NO 2013-20 CUP 2112013 AM 0P4141EO„OGO .eksuSaR�a mmmRxafae+m, wvaMemaua P. 17021 261.6, em en -,me =mM u-w&LW OC AVE /en%m.w snow eawiama yrcrnnens 1.19100.0 887051 owlEiMVO 1-1 U-HAUL MOVING CENTERS Since 1945 U-Haul has been serving do-it-yourself movers and households. Prior to U-Haul, moving across the country was an option available only to those who could afford moving services. U-Haul continues to provide Americans with the means for upward mobility and inexpensive moving and storage services through its network of 1200 company owned U-Haul Centers and 14,000 independent dealers. 44 MOVING FACTS According to the U.S. Census Bureau more than four out of ten people who move did so for housing -related reasons. Among other reasons for moving, people cited family concerns, such as change in marital status, employment needs and other factors. In general: • 1 out of 5 people move every year. • The average person moves 11 times in a lifetime. • 3/4th of all movers are "do-it-yourselfers. • 2/3rd of all movers move locally. • 1/3rd of all people in their 20s move in a given year. • 40-50 million people may move this year. 45 SIGNIFICANT POLICIES Hours of Operatics): Mon. - Thurs. 7:00 a.m. to 7.00 p.m. Fe. 7:00 a.m. to 8:00 p.m. Sat. 7.-00 a.m. to 7:00 p.m. Sun. 9:00 a.m. to 5:00 p.m. • All U-Haul storage customers are issued a card -swipe style identification card which must be used to gain access to their room. This is but one of many security policies which protect the customer's belongings and decrease the amity of unauthorized access to the facility. • ft is against policy for a business to be operated from a U-Haul storage room. • Customers and community residents who wish to use the on -site dumpsters for disposing of refuse must gam permission to do so, and are assessed an additional fee. • Items which may not be stored, include: chemicals, lammables, and paints. • U-Haul facilities are protected by video surveillance. • U-Haul moving and storage centers are non-smoking facilities. • U-Haul wilt provide added service and assistance to our customers with disabilities. 46 HOURS OF OPERATION 4 U-Haul's primary service objective is "To provide a better and better product and service to more and people at a lower and lower cost" Toward this end we offer low cost moving vans starting at $19.95 to allow our customers to make convenient, economical moves. We also offer convenient, standardized hours of operation to make U-Haul products and services available when our customers need those services. U-Haul hours of operation have been established after more than 65 years of experience in balancing effectiveness and efficiency of serving moving customers. Understanding the demographics of the moving population is the primary consideration in establishing convenient hours of operation. Of the 40-50 million people who will be moving: • Most people move on weekends when they are not working. • The major move activity, according to the U.S. Census Bureau, takes place within the 18-34 year olds, with people in their 20's representing the highest concentration. These are also the people in 8 to 5, 5 day a week jobs who can only move on weekends. • U-Haul weekend transactions substantiate these numbers with rentals increasing on Friday and Saturday mornings and people completing their moves on Sunday's. 47 HOURS OF OPERATION CONTINUED Everyone who has ever made a household move knows that this can be a traumatic experience. U-Haul hours of operation have been established to accommodate the moving public and reduce the inconveniences and stress associated with making a household move. The 1200 Company owned U-Haul Centers are also designed to make the moving experience easier by providing a one -stop shop for all of our customer's moving needs, from boxes, tape and packing material to self -storage. An independent network U-Haul Dealers supplements the company owned U-Haul Centers and fills in the gaps where company owned centers are not available in a further effort to make moving easier. However, most dealers do not offer the full range of moving related products and services and operate their normal business hours thus reducing the convenience to customers. 48 TRAFFIC COUNTS 6 Traffic Studies and Commercial Uses Our truck rental and self -storage uses generate less traffic than most other commercial uses. Use Fast Food Restaurant Gas Station wl Convenience Stone Hotel Casual Dining USE COMPARISON Square Feet Traffic Volume 3,000 sq fl 2,200 stilt 50,000 sq ft 5,000 sq ft 3,161 trips 1,200 trips 905 trips 1,075 trips U-Haul Center 80.000 sq H 31 trips 3,430 trips 2,200 trips 801 trips 1,258 trips 53 trips Typical Hours Days 18 hours - 24 hours 18 hours 24 hours 24 hours 11 am -11 pin 12 hours 7 am • 7 pm 12 {lours 7 7 7 7 49 TRANSACTION ACTIVITY Last weeks daily transactions for two U-Haul Centers in the San Diego Area: 717068 WNW Moving &Storage ofLemon Grove 1805Massachusetts Av, LEMON GROW C tomla--9194 Monday Tuesday Wednesday Thursday Friday Sat day (Total) between Rentals 27 20 13 7 24 32 17 6 (returns) 12 Misr Transactions 34 25 19 30 27 31 25 717037 affaul of Cbiremont 6bsa 5871 Copley Dr, SAN DIEGO fornla 92111 Monday Tuesday Wednesday Thursday Friday Sat Sunday (Total) between1-5 Reds 4 7 5 4 5 17 6 3 returns i Mist Transactions 26 13 13 17 SS 23 .'�/ Please note the traffic generation for Sunday (Sunday Total , Between 1pm-5pm). " 50 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 12 ITEM TITLE: An Ordinance of the City Council of the City of National City adopting the 2013 California Fire Code and the Appendices thereto, adopting the National Fire Protection Association Standards, and amending Chapter 15.28 of the National City Municipal Code PREPARED BY: R PHONE: 336 EXPLANA ernandez / Fire Marshal' DEPARTMENT: FireC-----* APPROVED BY: State law requires that the City of National City adopt the California Fire Code, 2013 Edition subsequently these codes are being submitted for adoption. Technical amendments made to those codes are needed due to 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. Upcoming actions will be to hold a Public Hearing and Final Adoption of the Ordinance, currently scheduled for the City Council Meeting on December 3rd, 2013. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance BOARD / COMMISSION RECOMMENDATION: N/A 4TTAC H M E NTS: Ordinance ORDINANCE NO 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, 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 2013 California Fire Code, Title 24, Part 9 of the Califomia Code of Regulations, the Appendices thereto, and the National Fire Protection Association Standards. 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 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. The City Council of the City of National City hereby certain sections of the 2013 California Fire Code, based on local climatic, geological conditions that justify deviating from that Code. Section 4. The City Council of the City of National City hereby Chapter 15.28 to read as follows: Sections: 15.28.002 15.28.010 15.28.020 15.28.030 15.28.035 15.28.040 CHAPTER 15.28 CALIFORNIA FIRE CODE amends and deletes topographic or amends Title 15, Findings and declarations. 2013 California Fire Code — Adopted and amended. Establishment and duties of fire prevention bureau. Definitions. Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. 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 is prohibited — Amended. 15.28.060 Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited — Amended. 15.28.070 Amendments made to the 2013 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 1011.6.1 "Graphics" — Amended. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. 15.28.130 Section 503.6 "Security Gates" — Amended. 15.28.140 Appeals. 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.002 Findings and declarations. The city council of the city of National City, does 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 2013 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 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 2013 California Fire Code — Adopted and amended. There is 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 the 2013 California Fire Code, and the appendices thereto, including both Administration Divisions I and II, 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, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire chief of the city of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter 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 established and shall be operated under the supervision of the chief of the fire department. Ordinance No. 2013— 2 Amending NCMC Chapter 15.28 2013 Fire Code 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 director of emergency services 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 2013 California Fire Code means 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 means 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 means 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 term "this code" is used it means the 2013 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this chapter. H. Whenever the terms "chief", "fire chief", "chief of the fire department" are used they mean the "director of the department of emergency services". 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. Section 5504.3 of the 2013 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 and IM; Medium Manufacturing; MH and IH; 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. Sections 5704.2.9.6 and 5706.2.4.4 of the 2013 California Fire Code are amended to read 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. Ordinance No. 2013 — 3 Amending NCMC Chapter 15.28 2013 Fire Code 15.28.050 Establishment of limits in which storage of liquefied petroleum oases is prohibited — Amended. Section 6104.2 of the 2013 California Fire Code is amended to read as follows: All areas within the city limits of the city of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited — Amended. Chapter 56 of the 2013 California Fire Code is amended to read as follows: 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 2013 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 Sections 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 2013 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 2013 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. Ordinance No. 2013— 4 Amending NCMC Chapter 15.28 2013 Fire Code 15.28.100 Section 1011.6.1 "Graphics" — Amended. Section 1011.6.1 of the 2013 California Fire Code is amended to read as follows: 1011.6.1. Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. The following is added to Section 5704.3.3.9 as follows: 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 and Appendix Section D103.2 "Grade" — Amended. Sections 503.2.7 and Appendix Section D103.2 of the 2013 California Fire Code are amended to read as follows: 503.2.7 and Appendix Section D103.2 Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. 15.28.130 Section 503.6 "Security Gates" — Amended. Section 503.6 of the 2013 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. Ordinance No. 2013 — 5 Amending NCMC Chapter 15.28 2013 Fire Code 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 Tots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Appeals. Whenever the director of the department of emergency services 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 city council, as established by and pursuant to Chapter 15.04. 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 2013 California Fire Code 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. PASSED and ADOPTED this day of 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney Ordinance No. 2013— 6 Amending NCMC Chapter 15.28 2013 Fire Code • • CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 13 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA ELECTRICAL CODE, INCLUDING ANNEX H, AND THE 2011 NATIONAL ELECTRIC CODE, AND AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL COD PREPARED BY: PHONE: 4214 EXPLANATION: See attached DEPARTMENT: Buildi APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Electrical Code. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA ELECTRICAL CODE, INCLUDING ANNEX H, AND THE 2011 NATIONAL ELECTRIC CODE, AND AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE Section 1. The City Council of the City of National City adopts the 2013 California Electrical Code, Annex H of the 2013 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2011 National Electrical Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2013 California Electrical Code and Annex H of the 2013 California Building Code. Section 3. The City Council of the City of National City amends 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 2013 California Electrical Code, Annex H of the 2013 California Electrical Code and the 2011 National Electrical Code — Adopted and amended. Annex H, Administration and enforcement — Adopted and amended. Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" — Amended. Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" — Added. 15.24.025 Annex H, Section 80.15 "Electrical Board" — Amended. 15.24.030 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(D) "Annual permits" — Deleted. 15.24.035 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(E) "Fees" — Amended. 15.24.037 Annex H, "Work commencing before permit issuance" — Added 15.24.040 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(F) "Inspection and approvals" —Amended. 15.24.045 Annex H, Section 80.19 `Permits and Approvals", Subsection 80.19(H) "Applications and extensions" — Amended. 15.24.050 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(1) "Permit denial" — Added. 15.24.055 Annex H, Section 80.23 "Notice of violations, penalties" — Amended. 15.24.060 15.24.065 15.24.070 15.24.080 Annex H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C) "Notification" — Deleted. Annex H, Section 80.27 "Inspector's qualifications" — Deleted. Annex H, Section 80.29 "Liability for damages" — Deleted. Annex G, Supervisory Control and Data Acquisition (SCADA) — Deleted. 15.24.005 2013 California Electrical Code, Annex H of the 2013 California Electrical Code and the 2011 National Electrical Code — Adopted and amended. The city council adopts the 2013 California Electrical Code, Annex H of the 2013 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2011 National 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 City Council amends, deletes, or adds certain sections of the 2013 Electrical Code, Annex H of the 2013 Electrical Code, and the 2011 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Codes. Copies of these codes are filed in the office of the building official, and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.24.010 Annex H. Administration and enforcement — Adopted and amended. ANNEX H to the 2013 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 H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" — Amended. Section 80.13(7) of Annex H of the 2013 California Electrical Code is amended to read as follows: 80.13(7) Right of entry. When necessary to make inspections 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 , or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.020 Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" — Added. Section 80.13 (17) is added to Annex H of the 2013 California Electrical Code 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 Ordinance No. 2013 — 2 Amending NCMC Chapter 15.24 2013 Electrical Code additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex H, Section 80.15 "Electrical Board" — Amended. Section 80.15 of Annex H of the 2013 California Electrical Code is amended to read as follows: 80.15 Advisory and Appeals Board. The City Council, pursuant to Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.24 of the National City Municipal Code. 15.24.030 Annex H. Section 80.19 "Permits and Approvals", Subsection 80.19(D) "Annual permits" — Deleted. Section 80.19(D) of Annex H of the 2013 California Electrical Code is deleted. 15.24.035 Annex H. Section 80.19 "Permits and Approvals", Subsection 80.19(E) "Fees" — Amended. Section 80.19(E) of Annex H of the 2013 California Electrical Code is amended to read as follows: Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.24.037 Annex H, "Work commencing before permit issuance" — Added. 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 administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.24.040 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(F) "Inspection and approvals" — Amended. Section 80.19(F) of Annex H of the 2013 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 permittee 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 Ordinance No. 2013 — _ 3 Amending NCMC Chapter 15.24 2013 Electrical Code inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems 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 City of National City. Inspections presuming to give authority to violate or cancel provisions of this code or other ordinances of the City of National City shall not be valid. (2) Inspection requests. It shall be of the duty of the permittee 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 permittee to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of section 15.24.040 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 forty-eight 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) 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 or the corrections previously required are not made; B Calling for an inspection before the job is ready for such inspection or re -inspection; C The inspection record card or the approved plans are not posted or otherwise available to the inspector; D Failure to provide access on the date for which the inspection is requested; or E Deviating from the approved plans when such deviation or change required approval of the Authority Having Jurisdiction. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where re -inspection fees have been assessed, no further inspections shall be performed until the fees have been paid. 15.24.045 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(H) "Applications and extensions" — Amended. Section 80.19(H) of Annex H of the 2013 California Electrical Code is amended to read as follows: Ordinance No. 2013— 4 Amending NCMC Chapter 15.24 2013 Electrical Code 80.19(H) Application and Extensions. 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 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 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 six month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and 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 Ordinance No. 2013 — 5 Amending NCMC Chapter 15.24 2013 Electrical Code the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the 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 subsection 15.24.045.3 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 subsection 15.24.045.3 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 as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.24.045. 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 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 H Section 80.19 "Permits and Approvals", Subsection 80.19(1) "Permit denial" — Added. Section 80.19(1) is added to Annex H of the 2013 California Electrical Code to read 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 H, Section 80.23 "Notice of violations, penalties" — Amended. Section 80.23 of Annex H of the 2013 California Electrical Code is amended to read as follows: Ordinance No. 2013 — _ 6 Amending NCMC Chapter 15.24 2013 Electrical Code 80.23 Violations, Penalties. 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 clone in violation of this code. Violations of any provisions of this code may 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 H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C)"Notification" — Deleted. Section 80.25(C) of Annex H of the 2013 California Electrical Code is deleted. 15.24.065 Annex H, Section 80.27 "Inspector's qualifications" — Deleted. Section 80.27 of Annex H of the 2013 California Electrical Code is deleted. 15.24.070 Annex H, Section 80.29 "Liability for damages" — Deleted. Section 80.29 of Annex H of the 2013 California Electrical Code is deleted. 15.24.080 Annex G, Supervisory Control and Data Acquisition (SCADA) — Deleted. Annex G of the 2013 California Electrical Code is deleted. PASSED and ADOPTED this day of , 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No, 2013— 7 Amending NCMC Chapter 15.24 2013 Electrical Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 14 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA ENERGY CODE, AND AMENDING CHAPTER 15.75 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY: PHONE: 4214 EXPLANATION: See attached uis g Official DEPARTMENT: Buil ing APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Energy Code. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 20103 CALIFORNIA ENERGY CODE, AND AMENDING CHAPTER 15.75 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 2013 California Energy Code, California Code of Regulations, Title 24, Part 6, establishing regulations for the installation, maintenance and alteration of energy systems within the city. CHAPTER 15.75 CALIFORNIA ENERGY CODE 15.75.010 2013 California Energy Code — Adopted. The city council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the 2013 California Energy Code, Califomia 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 2013 California Energy Code PASSED and ADOPTED this day of , 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 15 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND AMENDING CHAPTER 15.78 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY: Luis S- , Bui • • Official DEPARTMENT: Buildingt PHONE: 4214 APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Green Building Standards Code. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND AMENDING CHAPTER 15.78 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 2013 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, establishing regulations to enhance building design and construction within the city. Section 2. The City Council of the City of National City amends Section 15.78.010 of the National City Municipal Code to read as follows: CHAPTER 15.78 CALIFORNIA GREEN BUILDING STANDARDS CODE 15.78.010 2013 California Green Building Standards Code — Adopted. The city council adopts and incorporates herein for the purpose of prescribing regulations for the reduction of negative impacts or increasing positive environmental impacts and encouraging sustainable construction practices, the 2013 California Green Building Standards Code, California Code of Regulations Title 24, Part 11. All construction of buildings shall be in conformance with the 2013 California Green Building Standards Code, except as otherwise provided by this chapter. PASSED and ADOPTED this day of , 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO.16 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A, B, C, AND D, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY: Luis inz i y Official DEPARTMENT: Buildi PHONE: 42 cam. APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Mechanical Code with the following changes: • 15.14.080 Chapter 1, Division II, Section 516 "Recirculating Systems" — Deleted. Section 516 of the 2013 California Mechanical Code is deleted. In the prior 2010 Residential Code the installation of Recirculating Kitchen Systems were deleted from the code due to the large number of domestic kitchen fires due to grease buildup in the carbon filters since they were not being maintained properly. It is the recommendation of the Building Official and Fire Marshal that Recirculating Systems not be allowed in commercial kitchens since staffing levels do not provide sufficient time to perform the number of inspections required to maintain the required safety of the devices, nor can the department assure business staff maintains the required cleanings as specified by the manufacturer. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A, B, C, AND D, AMENDING CERTAIN SECTIONS OF THAT 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 adopts the 2013 California Mechanical Code, including Appendix Chapters A, B, C, and D. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2013 California Mechanical Code. Section 3. The City Council of the City of National City amends Chapter 15.14 of the National City Municipal Code to read as follows: CHAPTER 15.14 CALIFORNIA MECHANICAL CODE Sections: 15.14.005 2013 California Mechanical Code — Adopted. 15.14.015 Chapter 1, Division II, Administration — Adopted and amended. 15.14.020 Chapter 1, Division II, Section 106 "Powers and Duties of the Authority Having Jurisdiction", Subsection 106.3 "Right of entry" — Amended. 15.14.025 Chapter 1, Division II, Section 108 "Board of Appeals", Subsection 108.1 "General" — Amended. 15.14.030 Chapter 1, Division II, Section 110 "Penalties", Subsection 110.1 "General" — Amended. 15.14.035 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.4 "Expiration" — Amended. 15.14.040 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.6 "Permit denial" — Added. 15.14.045 Chapter 1, Division II, Section 114 "Fees", Subsection 114.1 "General" — Amended. 15.14.050 Chapter 1, Division II, Table 114.1 "Mechanical permit fees" — Deleted. 15.14.055 Chapter 1, Division II, Section 114 "Fees", Subsection 114.2 "Permit fees" — Amended. 15.14.060 Chapter 1, Division II, Section 114 "Fees", Subsection 114.3 "Plan review fees" — Amended. 15.14.065 Chapter 1, Division II, Section 114 "Fees", Subsection 114.5 "Investigation fees — work without a permit" — Amended 15.14.070 Chapter 1, Division II, Section 115 "Inspections, Subsection 115.6 "Reinspections" — Amended. 15.14.075 Appendix Chapters A, B, C and D — Adopted. 15.14.080 Chapter 1, Division II, Section 516 "Recirculating Systems" — Deleted. 15.14.005 2013 California Mechanical Code — Adopted. The city council adopts and incorporates herein as the National 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 system, incineration or other miscellaneous heat producing appliance, in or on any building or structure or outdoors on any premises or property, the 2013 California Mechanical Code, including Appendix Chapters A, B, C, and D, California Code of Regulations Title 24, Part 4, except such portions as are deleted, added, or amended by this chapter. Copies of all codes are filed in the office of the building official and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.14.015 Chapter 1, Division II, "Administration" — Adopted and amended. Chapter 1, Division II, "Administration" is adopted subject to the additions, amendments and deletions provided in this Chapter. 15.14.020 Chapter 1, Division II, Section 106 "Powers and Duties of the Authority Having Jurisdiction", Subsection 106.3 "Right of entry" — Amended. Section 106.3 of the 2013 California Mechanical Code is amended to read as follows: 106.3 Right of entry. When necessary to make inspections 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 , or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Chapter 1, Division II, Section 108 "Board of Appeals", Subsection 108.1 "General" — Amended. Section 108.1 of the 2013 California Mechanical Code is amended to read as follows: 108.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.14 of the National City Municipal Code. Ordinance No. 2013— 2 Amending NCMC Chapter 15.14 Adopted: 2013 2013 Mechanical Code 15.14.030 Chapter 1, Division II, Section 110 "Penalties", Subsection 110.1"General" — Amended. Section 110.1 of the 2013 California Mechanical Code is amended to read as follows: 110.1 Violations. Violations 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 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.4 "Expiration" — Amended. Section 113.4 of the 2013 California Mechanical Code is amended to read as follows: 113.4 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 from the date of such permit, or if the building or work authorized by such permit is stopped 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 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 six month period upon commencement of work authorized by such permit. Before such work can be recommenced, a new permit or renewal permit is obtained, as specified below, shall first be obtained. 1. Permits where work was 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 is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid, and E. The renewal permit shall expire three calendar years from the date of the 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 the new plan check, Ordinance No. 2013 — 3 Amending NCMC Chapter 15.14 Adopted: 2013 2013 Mechanical Code 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 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 to the point of requiring only a final inspection, a fee equal to one -quarter of the amount required for new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of the 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 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. The maximum life of a permit renewal in accordance with sub -section 15.14.035.3 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 sub -section 15.14.035.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.14.035. 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. 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. Ordinance No. 2013 — 4 Amending NCMC Chapter 15.14 Adopted: 2013 2013 Mechanical Code 15.14.040 Chapter 1, Division II, Section 113 "Permit Issuance", Subsection 113.6 "Permit denial" — Added. Section 113.6 of the 2013 California Mechanical Code is added to read as follows: 113.6 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 Chapter 1, Division II, Section 114 "Fees", Subsection 114.1 "General" — Amended. Section 114.1 of the 2013 California Mechanical Code is amended as follows: 114.1 General. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.14.050 Chapter 1, Division II, Table 114.1 "Mechanical permit fees" — Deleted. Table 114.1 of the 2013 California Mechanical Code, entitled "Mechanical Permit Fees", is deleted. 15.14.055 Chapter 1, Division II, Section 114 "Fees", Subsection 114.2 "Permit fees" — Amended. Section 114.2 of the 2013 California Mechanical Code is amended as follows: 114.2 Permit Fees. Permit fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.14.060 Chapter 1, Division II, Section 114 "Fees", Subsection 114.3 "Plan review fees" — Amended. Section 114.3, of the 2013 California Mechanical Code is amended as follows: Section 114.3 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. 15.14.065 Chapter 1. Division II, Section 114 "Fees", Subsection 114.5 "Investigation fees — work without a permit" — Amended. Section 114.5 of the 2013 California Mechanical Code is amended to read as follows: Section 114.5 Investigation fees — work without a permit. 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 administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. Ordinance No. 2013 — 5 Amending NCMC Chapter 15.14 Adopted: 2013 2013 Mechanical Code When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.14.070 Chapter 1, Division II, Section 115 "Inspections", Subsection 115.6 "Reinspections" — Amended. Subsection 115.6 of the 2013 California Mechanical Code is amended to read as follows: 115.6 Re -inspections. To obtain a re -inspection, the permittee shall pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.14.075 Appendix Chapters A, B, C and D — Adopted. Appendix Chapters A, B, C and D of the 2013 California Mechanical Code are adopted. 15.14.080 Chapter 1, Division II. Section 516 'Recirculating Systems" — Deleted. Section 516 of the 2013 California Mechanical Code is deleted. PASSED and ADOPTED this day of , 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No. 2013 — 6 Amending NCMC Chapter 15.14 Adopted: 2013 2013 Mechanical Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 17 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA PLUMBING CODE AND TABLE 2902.1 OF THE 2013 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY: Luis S PHONE: 4214 EXPLANATION: See attached icial DEPARTMENT: Bui APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published he 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Plumbing Code. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA PLUMBING CODE AND TABLE 2902.1 OF THE 2013 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.20 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 adopts the 2013 California Plumbing Code and Table 2902.1 of the 2013 California Building Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2013 California Plumbing Code and Table 2902.1 of the 2013 California Building Code. Section 3. The City Council of the City of National City amends Chapter 15.20 of the National City Municipal Code to read as follows: CHAPTER 15.20 CALIFORNIA PLUMBING CODE Sections: 15.20.005 2013 California Plumbing Code — Adopted. 15.20.015 Chapter 1, Divisions I and II — Adopted and amended. 15.20.020 Chapter 1, Division II, Section 102 "Organization and Enforcement", Subsection 102.2.1 "Right of entry" — Amended. 15.20.024 Chapter 1, Division II, Section 102 " Organization and Enforcement", Subsection 102.3 " Board of Appeals" — Amended. 15.20.025 Chapter 1, Division II, Section 102 "Organization and Enforcement", Subsection 102.5 "Penalties" — Amended. 15.20.027 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4.3 "Investigation fee — Work without a permit" — Amended. 15.20.030 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.3.3 "Expiration" — Amended. 15.20.035 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.3.5 "Permit denial" —Added. 15.20.040 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4 "Fees" — Amended. 15.20.042 Placement of permit — Added. 15.20.045 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4.1 "Plan review fees" — Amended. 15.20.050 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.5.9 "Reinspections" — Amended. 15.20.060 Chapter 1, Division II, Table 103.4 "Plumbing permits fees" — Deleted. 15.20.065 Chapter 1, Division II, Table 422.1 "Minimum plumbing facilities" — Deleted. 15.20.070 Table 2902.1 "Minimum number of required plumbing fixtures of the 2013 California Building Code" — Adopted. 15.20.005 2013 California Plumbing Code — Adopted. The city council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2013 California Plumbing Code, including Administration Divisions I and II, California Code of Regulations Title 24, Part 5, and Table 2902.1 of the 2013 California Building Code. Copy of all codes are filed in the office of the building official and are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits. 15.20.015 Chapter 1, Divisions I and II —Adopted and Amended. Chapter 1, Division I, "Administration" is adopted. Chapter 1, Division II, "Administration" is adopted, subject to the additions, amendments, and deletions contained in this chapter. 15.20.020 Chapter 1, Division II, Section 102 "Organization and Enforcement" Subsection 102.2.1 'Right of entry" — Amended. Section 102.2.1 of the 2013 California Plumbing Code is amended to read as follows: 102.2.1 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 ,or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.024 Chapter 1, Division II, Section 102 " Organization and Enforcement", Subsection 102.3 " Board of Appeals" — Amended. Section 102.3 of the 2013 California Plumbing Code is amended to read as follows: 102.3 Advisory and Appeals Board. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. Ordinance No. 2013— 2 Amending NCMC Chapter 15.20 Adopted: 2013 2013 Plumbing Code 15.20.025 Chapter 1, Division II, Section 102 "Organization and Enforcement" Subsection 102.5 "Penalties" — Amended. Section 102.5 of the 2013 California Plumbing Code is amended to read as follows: 102.5 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. 15.20.027 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4.3 "Investigation fee — work without a permit" — Amended. Section 103.4.3 of the 2013 California Plumbing Code is amended to read as follows: 103.4.3 Work without a permit. 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 administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.20.030 Chapter 1. Division II, Section 103 "Permits and Inspections", Subsection 103.3.3 "Expiration" — Amended. Section 103.3.3 of the 2013 California Plumbing Code is amended to read as follows: 103.3.3 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 stopped at any time after the work is 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 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 six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: Ordinance No. 2013 — 3 Amending NCMC Chapter 15.20 Adopted: 2013 2013 Plumbing Code 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 is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and 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; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the 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 subsection 15.20.030.3 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 subsection 15.20.030.3 are met. Ordinance No. 2013 — 4 Amending NCMC Chapter 15.20 Adopted: , 2013 2013 Plumbing Code 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, as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.20.030. 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 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. 15.20.035 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.3.5 "Permit denial' — Added. Section 103.3.5 is added to the 2013 California Plumbing Code is to read as follows: 103.3.5 Permit denial. The Authority Having Jurisdiction may deny the issuance of a plumbing 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 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4 "Fees" — Amended. Section 103.4 of the 2013 California Plumbing Code is amended to read as follows: Section 103.4 Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.20.042 Placement of permit - Added. 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. 15.20.045 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4.1 "Plan review fees" — Amended. Section 103.4.1 of the 2013 California Plumbing Code is amended to read as follows: 103.4.1 Plan Review Fees. When a plan or other data are required to be submitted by 103.2.1, 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 assessed in accordance with the current City of National City Fee Schedule . When plans are incomplete or changed so as to require an additional plan review Ordinance No. 2013 — 5 Amending NCMC Chapter 15.20 Adopted: 2013 2013 Plumbing Code fee, the fee shall be assessed in accordance with the current City of National City Fee Schedule. 15.20.050 Chapter 1, Division II, Section 103 "Permits and Inspections". Subsection 103.5.9 "Reinspections" — Amended. Section 103.5.9 of the 2013 California Plumbing Code is amended to read as follows: Section 103.5.9 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 or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. 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 in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.20.060 Chapter 1, Division ll, Table 103.4 'Plumbing permits fees" — Deleted. Table 103.4 of Chapter 1, Division II of the 2013 California Plumbing Code, entitled "Plumbing Permit Fees", is deleted. 15.20.065 Table 422.1 "Minimum plumbing facilities" — Deleted. Table 422.1 of Chapter 4, of the 2013 California Plumbing Code, entitled "Minimum Plumbing Facilities", is deleted. 15.20.070 Table 2902.1 "Minimum number of required plumbing fixtures of the 2013 California Building Code" — Adopted. Table 2902.1 of the 2013 California Building Code is 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 2013 California Building Code. [SIGNATURE PAGE TO FOLLOW] Ordinance No. 2013 — 6 Amending NCMC Chapter 15.20 Adopted: 2013 2013 Plumbing Code PASSED and ADOPTED this day of 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No. 2013 - 7 Amending NCMC Chapter 15.20 Adopted: 2013 2013 Plumbing Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 18 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II AND APPENDICES C, G, H, AND I OF THE 2013 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY: Luis Sal Idi dal DEPARTMENT: Building PHONE: 4214 APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Building Code. The Building Division also recommends amending the definition of the Building Existing to read as follows: • 15.08.020 Chapter 2, Definitions -Added. Building, Existing. An "existing building" is a building erected prior to the adoption of the 2013 California Building Code, or one for which a legal building permit has been issued. If more than fifty - percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II AND APPENDICES C, G, H, AND I OF THE 2013 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE Section 1. The City Council of the City of National City hereby adopts Volumes I and II, and Appendices C, G, H, and I of the 2013 California Building Code. Section 2. The City Council of the City of National City hereby deletes, adds, or modifies certain provisions of the 2013 California Building Code based on local climatic, topographic, or geological conditions that justify deviating from that code. Section 3. The City Council of the City of National City amends Chapter 15.08 of the National City Municipal Code to read as follows: Sections: 15.08.010 15.08.020 15.08.025 CHAPTER 15.08 CALIFORNIA BUILDING CODE California Building Code — Adopted. Chapter 2, Definitions — Amended. Chapter 1, DIVISION II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" — Amended. 15.08.030 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.2 'Work exempt from permit — Building" — Amended. 15.08.040 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.5 "Expiration" — Amended. 15.08.045 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.7 "Placement of permit" — Amended. 15.08.050 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.8 "Permit denial" — Added. 15.08.055 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" — Amended. 15.08.056 15.08.060 15.08.065 15.08.070 Plan review fees —Added. Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" — Amended. Chapter 1, DIVISION II, Section 110 "Inspections", Subsection 110.3.8.1 "Reinspections" — Added. Chapter 1, DIVISION 11, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" — Amended. 15.08.075 Chapter 1, DIVISION II, Section 113 "Board of Appeals", Subsection 113.1 "General" — Amended. 15.08.080 Chapter 1, DIVISION II, Section 114 "Violations", Subsection 114.1 "Unlawful acts" — Amended. 15.08.085 Section 501 "General", Subsection 501.2 "Address identification" — Amended. 15.08.090 Table 1505.1 "Minimum roof covering classification for types of construction" — Amended. 15.08.092 Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 1803.1.1.1.1 — Added. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.4.8(4) "Construction requirements for building a pool or spa" — Amended. 15.08.095 Section 3409 "Historic Buildings", Subsection 3409.1.1. "Historic buildings" — Added. 15.08.100 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, Volumes I and II of the 2013 California Building Code, including both Administration Divisions I and II, published in the California Building Standards Commission 2013 Edition, based on the International Building Code 2011 Edition, California Code of Regulations, Title 24, Part 2, Part 2.5 of Division 13 of the California Health and Safety Code beginning with section 18901, and Appendices C, G, H, and I, save and except such portions as are deleted, added, or modified. Copies of all the codes are filed in the office of the building official and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.08.020 Chapter 2, Definitions — Amended. Section 202 of the 2013 California Building Code is amended by amending the following definition: Building, Existing. An "existing building" is a building erected prior to the adoption of the 2013 California Building Code, or one for which a legal building permit has been issued. If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. 15.08.025 Chapter 1. DIVISION II. Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" — Amended. Section 104.6 of the 2013 California Building Code is amended to read as follows: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has Ordinance No. 2013 — 2 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.08.030 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.2 "Work exempt from permit — Building" — Amended. Section 105.2 Building: Item 4 of the 2013 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. Section 105.2 Building of the 2013 California Building Code is amended by adding the following items: 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. 15.08.040 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.5 "Expiration" — Amended. Section 105.5 of the 2013 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 Ordinance No. 2013 — 3 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code 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 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 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 six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and 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; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. Ordinance No. 2013— 4 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code 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; 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. The maximum life of a permit renewal in accordance with subsection 15.08.040.3 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 subsection 15.08.040.3 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 as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.08.040. 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 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. 15.08.045 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.7 "Placement of permit" — Amended. Section 105.7 of the 2013 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 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.8 "Permit denial" — Added. Section 105.8 is added to the 2013 California Building Code to read 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 Ordinance No. 2013 — 5 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" — Amended. Section 109.2 of the 2013 California Building Code is amended to read as follows: Section 109.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule. 15.08.056 Plan review fees — Added. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. 15.08.060 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" — Amended. Section 109.4 of the 2013 California Building Code is amended to read as follows: Section 109.4 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 administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.08.065 Chapter 1, DIVISION II. Section 110 "Inspections", Subsection 110.3.8.1 "Re -inspections" — Added. Section 110.3.8.1 is added to the 2013 California Building Code to read as follows: Section 110.3.8.1 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 or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or 5. Deviating from the approved plans when such deviation or change required approval of the building official. Ordinance No. 2013 — 6 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. 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 Chapter 1, DIVISION II, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" — Amended. Section 111.3 of the 2013 California Building Code is amended to read as follows: Section 111.3 Temporary Certificate of Occupancy. 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 building official may prepare a Temporary Certificate of Occupancy 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; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Chapter 1, DIVISION II, Section 113 "Board of Appeals". Subsection 113.1 "General" — Amended. Section 113.1 of the 2013 California Building Code is amended to read as follows: Section 113.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.08 of the National City Municipal Code. 15.08.080 Chapter 1, DIVISION II. Section 114 "Violations", Subsection 114.1 "Unlawful acts" — Amended. Section 114.1 of the 2013 California Building Code is amended to read as follows: Section 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, Ordinance No. 2013 — 7 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code 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 "General", Subsection 501.2 "Address identification" — Amended. Section 501.2 of the 2013 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 for types of construction" — Amended. Table 1505.1 of the 2013 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 CIA IB IIA IIB IIIA IIIB IV IVA VB 'B B B B B B B B B 15.08.092 Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 1803.1.1.1.1 — Added. Chapter 18, Division II, Section 1803 Geotechnical Investigations, Subsection 1803.1.1.1.1 is added to the 2013 California Building Code to read as follows: Subsection 1803.1.1.1.1. A geotechnical investigation shall be submitted with each application for a building permit for a new building or addition 500 square feet and larger. The investigation and report shall comply with the requirements of Section 1803. Ordinance No. 2013 — 8 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.4.8(4) "Construction requirements for building a pool or spa" — Amended. Section 3109.4.4.8 (4) of the 2013 California Building Code is amended to read as follows: Section 3109.4.4.8 (4) Construction requirements for building a pool or spa. Whenever any building permit is issued and there is an existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be updated so as to be equipped with an anti -entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). 15.08.095 Section 3409 "Historical Buildings", Subsection 3409.1.1 "Historic buildings" —Added. Section 3409.1.1 is added to the 2013 California Building Code to read as follows: Section 3409.1.1 Historic Buildings. The repair, alteration, enlargement, maintenance and moving of historic buildings which are designated as historic pursuant to National City Municipal Code Chapter 18.139 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 Chapter 18.12. 15.08.100 Appendix Chapters C, G, H, and I — Adopted. Appendix Chapters C, G, H and I of the 2013 California Building Code are adopted. PASSED and ADOPTED this day of , 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney Ordinance No. 2013 — 9 Amending NCMC Chapter 15.08 Adopted: 2013 2013 Building Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �EETING DATE: November 19, 2013 AGENDA ITEM NO.19 ITEM TITLE: An Ordinance of the City Council of the City of National City, adopting Appendix J of the 2013 California Building Code, amending certain sections of Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached • DEPARTMENT: Engineering APPROVED BY: zi(20‘..„„e FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: STAFF RECOMMENDATION: Introduce Ordinance BOARD / COMMISSION RECOMMENDATION: eTTACHMENTS: xplanation Ordinance The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction, it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. Appendix J of the 2013 California Building Standards Code pertains to grading. Staff conducted a review of Appendix J of the 2013 California Building Standards Code and Chapter 15.70, Grading of the National City Municipal Code (NCMC). Staff recommends the following changes since National City has maintained more restrictive standards than the State based on our local conditions. The changes include: • Updating all references to the 2010 California Building Code to reference the 2013 California Building Code; • Updating references to the Development Services Department to reference the Engineering Department; • Updating references from the Planning Director to reference the Principal Planner; • Correcting typographical errors contained within Chapter 15.70; • Adding clarification to definitions within Chapter 15.70; • Deleting Section 15.70.050 of the NCMC and Section J103.2.8 of the California Building Code pertaining to retaining walls Tess than or equal to three feet; • Amending Section 15.70.065 to require grading plans to be signed by a registered civil engineer and a soil engineer, and setting conditions when this requirement may be waived; • Adding the Public Work Inspection Manual (latest adopted edition) to Section 15.70.075 (A); • Clarifying when an excavation inspection is required under Section 15.70.080 (C); • Updating Section 15.70.145 Grading Fees, as follows: "The plan review and permit fees shall be assessed in accordance with the current City of National City Fee Schedule." • Updating Section 15.70.165 Bonds, as follows: "The City Engineer shall require a surety bond in the amount of 100% of the engineers' cost estimate to ensure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate any potentially hazardous conditions." • Upcoming actions will be to hold a public hearing and Final Adoption of the Ordinance, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING APPENDIX J OF THE 2013 CALIFORNIA BUILDING CODE AMENDING CERTAIN SECTIONS OF THAT 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 2013 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of Appendix J of the 2013 California Building Code. Section 3. The City Council of the City of National City amends Chapter 15.70 of the National City Municipal Code to read as follows: CHAPTER 15.70 GRADING Sections: 15.70.005 Adoption of Appendix J of the 2013 California Building Code —Amended. 15.70.010 Purpose. 15.70.015 Appendix J of the 2013 California Building Code, Section J101 "General", Subsection 1 "Scope" —Amended. 15.70.020 Appendix J of the 2013 California Building Code, Section J102 "Definitions" —Amended. 15.70.025 Hazards and safety precautions. 15.70.030 Appendix J of the 2013 California Building Code, Section J103 "Permits required", Subsection 2.1 "Exemptions" —Amended. 15.70.035 Appendix J of the 2013 California Building Code, Section J103 "Permits required", Subsection 2.2 "Exemptions" —Amended. 15.70.040 Appendix J of the 2013 California Building Code, Section J103 "Permits required", Subsection 2.5 "Exemptions" —Amended. 15.70.045 Appendix J of the 2013 Califomia Building Code, Section J103 "Permits required", Subsection 2.6 "Exemptions" —Amended. 15.70.055 Appendix J of the 2013 Califomia Building Code, Section J103 "Permits required", Subsection 2.8 "Exemptions" —Added. 15.70.060 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.5 "Engineered grading requirements" —Added. 15.70.065 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.6 "Regular grading and retaining wall construction requirements" —Added. 15.70.070 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.7 "Licenses and insurance" —Added. 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 Appendix J of the 2013 California Building Code, application and submittals", Subsection J104.8 " Appendix J of the 2013 California Building Code, "Inspections", Subsection J105.3 -Added. Appendix J of the 2013 California Building Code, "Excavations", Subsection J106.1.2 "Exceptions" Appendix J of the 2013 California Building Code, Subsection 1 "General" —Deleted. Appendix J of the 2013 California Building Code, Section J107 "Fills", Subsection 2 "Surface Preparation" —Amended. Appendix J of the 2013 California Building Code, Section J107 "Fills", Subsection 4—Amended. Section J104 "Permit Conditions" —Added. Section J105 Section J106 —Deleted. Section J107 "Fills", Appendix J of the 2013 California Building Code, Section J108 "Setbacks", Subsection 1 "General" —Amended. Appendix J of the 2013 California Building Code, Section J108, "Setbacks", Subsection 2 "Top of Slope" —Amended. Appendix J of the 2013 California Building Code, Section J1O8 "Setbacks", Figure J108.1, "Drainage Dimensions" —Amended. Appendix J of the 2013 California Building Code, Section J108 "Setbacks", Subsection 3 "Slope Protection" —Amended. Appendix J of the 2013 California Building Code, Section J109 "Drainage and Terracing", Subsection 4 "Drainage across property lines" - Amended. 15.70.130 Appendix J of the 2013 California Building Code, Section J109 "Drainage and Terracing", Subsection 5 "Surface Run-off Interception" - Added. 15.70.135 Appendix J of the 2013 California Building Code, Section J109 "Drainage and Terracing", Subsection 6 "Easements and Encumbrances" - Added. 15.70.140 Appendix J of the 2013 California Building Code, Section J110 "Erosion Control", Subsection 3 "Storm Water Erosion and Sediment" —Added. 15.70.145 Grading fees. 15.70.146 Work commencing prior to permit issuance 15.70.150 Completion of work. Ordinance No. 2013 — 2 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 15.70.155 Rough grading permit. 15.70.160 Parking Tots. 15.70.165 Bonds. 15.70.170 Violation a misdemeanor. 15.70.005 Adoption of Appendix J of the 2013 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 2013 California Building Code, subject to the amendments, additions and deletions set forth in this chapter based on local climatic, geological or topographical conditions. A copy of this adopted code is on file in the engineering department. 15.70.010 Purpose. The purpose of this Chapter 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 2013 California Building Code, Section J101 "General", Subsection 1 "Scope" —Amended. Section J101, Subsection 1 of the 2013 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. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. 15.70.020 Appendix J of the 2013 California Building Code, Section J102 "Definitions" — Amended. For the purposes of Chapter 15.70, the following definitions supplement , or modify certain definitions in Appendix J of the 2013 California Building Code, Section J102. All other definitions listed in the 2013 Building Code shall remain applicable. 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 - means the City Engineer of the City of National City, or designee. BEST MANAGEMENT PRACTICES OR BMPS - means schedules of activities, pollution treatment practices or devices, prohibitions of practices, Ordinance No. 2013— 3 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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 or designee. CIVIL ENGINEER - means a professional engineer registered in the State of California to practice in the field of civil engineering as defined in Section 6731 of the California Business and Professions Code. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN - means 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 - means a plan prepared and signed and stamped/sealed 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 combination of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE - means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE or ("MEP") - means the standard established 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. Ordinance No. 2013 — 4 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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 - means 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 (3') in height, measured from the top of the footing, to the top of the wall, and for walls Tess than or equal to 3 feet (3') 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. STORM WATER CONVEYANCE SYSTEM - means private and public drainage facilities within the 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, including a municipal storm sewer system (MS4). WATERS OF THE UNITED STATES - has the same meaning as in 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. Ordinance No. 2013 — 5 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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 2013 California Building Code, Section J103 "Permits required", Subsection 2.1 "Exemptions" —Amended. Section J103.2.1 of the 2013 California Building Code is amended to read as follows: 1. When approved by the City Engineer, grading in an isolated or self- contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties. 15.70.035 Appendix J of the 2013 California Building Code, Section J103 "Permits required", Subsection 2.2 "Exemptions" —Amended. Section J103.2.2 of the 2013 California Building Code is amended to read as follows: 2. 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 2013 California Building Code, Section J103 "Permits required", Subsection 2.5 "Exemptions" —Amended. Section J103.2.5 of the 2013 California Building Code is amended to read as follows: 5. Excavations for wells or trenches for utilities on private property. 15.70.045 Appendix J of the 2013 California Building Code, Section J103 "Permits required", Subsection 2.6 "Exemptions" —Amended. Section J103.2.6 of the 2013 California Building Code is amended to read as follows: 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or day 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. 15.70.055 Appendix J of the 2013 California Building Code, Section J103 "Permits required", Subsection 2.8 "Exemptions" —Added. Section J103.2.8 is added to the 2013 California Building Code to read as follows: Ordinance No. 2013 — 6 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 8. 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 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.5 "Engineered grading requirements" —Added. Section J1O4.5 is added to the 2013 California Building Code to read as follows: J1O4.5 Engineered Grading Requirements - Application for a grading permit shall be accompanied by a work schedule including details of the hauling operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate and applicable fees, 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 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.6 "Regular grading and retaining wall construction requirements" —Added. Section J1O4.6 is added to the 2013 California Building Code 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, as well as 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. All grading plans shall be prepared and signed and stamped/sealed by a registered civil engineer and by a registered soil engineer, or registered civil engineer competent in soils engineering. The plans shall include the following information: 1 Location of work; 2 Name of the person who prepared the plans; 3 General vicinity of the proposed site; 4 Limiting dimensions and depth of cut and fill with input and export values; 5 Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (15') of the proposed grading; 6 All other relevant information listed in the plan checklists as developed by the City Engineer. Ordinance No. 2013 — 7 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) The City Engineer may waive the requirement for a grading permit when the proposed grading is on a single lot or parcel not proposed for further subdivision and in the opinion of the City Engineer, the proposed grading entails no hazard to any adjacent property, does not necessitate construction of extensive drainage structures or erosion control facilities, and does not interfere in any way with existing natural or improved drainage courses or channels. A retaining wall less than or equal to three feet (3') 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 shall be exempt from a grading permit. However, the construction of said retaining wall shall comply with the Regional Standard Drawings, and is subject to inspection by the City Engineer or his/her designee. 15.70.070 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.7 "Licenses and insurance" —Added. Section J104.7 is added to the 2010 California Building Code 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 elected officials, officers, agents, and employees as additional insured. The actual endorsements or policy language regarding automatic additional insureds must be provided. II. City business license, which may be obtained from the National City Finance Department. III. Appropriate state contractor license. 15.70.075 Appendix J of the 2013 California Building Code, Section J104 "Permit application and submittals", Subsection J104.8 "Conditions" —Added. Section J104.8 of the 2014 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 the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Public Works Inspection Manual (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. Ordinance No. 2013 — 8 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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 2013 California Building Code, Section J105 "Inspections", Subsection J105.3—Added. Section J105.3 is added to the California Building Code 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 is started, but before the vertical depth of the excavation exceeds 10 feet. D. Fill Inspection. After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. E. Drainage Device Inspection - Before and after forms and reinforcement are in place, but before any concrete is placed. F. Rough Grading. Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty- four hours before inspection is to be made. G. Final Inspection. Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. H. In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. I. Modification of approved plans, if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. Ordinance No. 2013 — 9 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 15.70.085 Appendix J of the 2013 California Building Code, Section J106 "Excavations", Subsection J106.1.2 "Exceptions" —Deleted. Appendix J of the 2013 California Building Code, Section J106.1.2 "Exception" is deleted. 15.70.090 Appendix J of the 2013 California Building Code, Section J107 "Fills Subsection 1 "General" —Deleted. Appendix J of the 2010 California Building Code, Section J107 "Fills", Subsection 1 "General" is deleted. 15.70.095 Appendix J of the 2013 California Building Code, Section J107 "Fills Subsection 2 "Surface Preparation" —Amended. Subsection J107.2 of the 2013 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 2013 California Building Code, Section J107 "Fills", Subsection 4—Amended. Subsection J107.4 of the 2013 California Building Code is amended to read as follows: J107.4 Fill Material. Organic material shall not be permitted in fills. Except as permitted by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills. Exception: The City Engineer may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approved the fill stability. The following conditions shall also apply: 1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. 3. Rocks shall be placed so as to assure filling of all voids with well -graded soil. 15.70.105 Appendix J of the 2013 California Building Code, Section J108 "Setbacks", Subsection 1 "General" —Amended. Subsection J108.1 of the 2013 California Building Code is amended to read as follows: Ordinance No. 2013 — 10 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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 2013 California Building Code, Section J108, "Setbacks", Subsection 2 "Top of Slope" —Amended. Subsection J108.2 of the 2013 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 Tess than that shown in amended Figure J108.1 as shown in this chapter, or than is required to accommodate any required interceptor drains, whichever is greater. 15.70.115 Appendix J of the 2013 California Building Code, Section J108 "Setbacks", Figure J108.1, "Drainage Dimensions" —Amended. Figure J108.1 of the 2013 California Building Code is amended to read as follows: Property tine tir2 *I 2 ft.0310 , TOP OI Siope mm) minimumend need not weed 20 ft (6096 mm) Amended figure JIO8,1 Drelnepe DmneneMons tit5 but 2:h.010 rnm} minimum end need riot exceed 10 it. (3048 rrrm) Naval OrfilrishGrede Muter Fill Slope Property Line Top of Slope i Inish Goode Interceptor Drain Of required) Ordinance No. 2013 — 11 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 15.70.120 Appendix J of the 2013 California Building Code, Section J108 "Setbacks Subsection 3 "Slope Protection" —Amended. Subsection J108.3 of the 2013 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 2013 California Building Code, Section J109 "Drainage and Terracing", Subsection 4 "Drainage across property lines" —Amended. Subsection J109.4 of the 2013 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 2013 California Building Code, Section J109 "Drainage and Terracing", Subsection 5 "Surface Run-off Interception" —Amended Added. Subsection J109.5 is added to the 2013 California Building Code 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 2013 California Building Code, Section J109 "Drainage and Terracing", Subsection 6 "Easements and Encumbrances" —Added. Subsection J109.6 is added to the 2013 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. Ordinance No. 2013 — 12 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 15.70.140 Appendix J of the California Building Code, Section J110 "Erosion Control", Subsection 3 "Storm Water Erosion and Sediment" —Added. Subsection J110.3 is added to the 2013 California Building Code to read as follows: J 110.3 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 Ordinance No. 2013 — 13 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this 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 f. Sufficient waste disposal facilities shall be provided for all proposed activities. g. Sufficient storage facilities shall be provided for all materials and equipment. h. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. i. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. j. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. feasible. Ordinance No. 2013 — 14 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 10. During Dry Season (May 1 through September 30), Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. Adequate perimeter protection BMPs must be installed and maintained. b. Adequate sediment control BMPs must be installed and maintained. c. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. d. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. e. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. f. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. g. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. 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 Ordinance No. 2013 — 15 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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, whichever is smaller, unless the disturbance of a larger area is approved in writing by the City engineer. In the event that a project proponent requests approval to disturb an area greater than 17 acres, the project proponent shall first submit to the City Engineer, written documentation describing how it will ensure that discharges of pollutants are reduced to the Maximum Extent Practicable (MEP) and prevents discharges of pollutants that would cause or contribute to a violation of water quality standards despite the larger disturbed area. 17. Advanced Treatment. a. Treatment for sediment is required. For the purpose of this requirement, exceptional threat to water quality shall be defined as a site, which meets all of the following, except as provided in number 16 above: 1. A portion of the site is located within or directly adjacent to receiving waters listed on the CWA Section 303(d) list of Water Quality Limited Segments as impaired for sedimentation or turbidity; 2. Disturbance is greater than five acres, including all phases of the development; 3. Disturbed slopes are steeper than 4:1 (horizontal: vertical), higher than 10 feet, and drain to the 303(d) listed receiving water; 4. Contains a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4. Alternatively, applicants may perform a RUSLE or MUSLE analysis to prove to the City Engineer's satisfaction that advanced treatment is not required. b. Even if based on the criteria in number 16, above, advanced treatment would not ordinarily be required, advanced treatment may be required at the discretion of the City Engineer based on a record of noncompliance. c. Treatment effluent water quality shall meet or exceed the water quality objectives for turbidity, pH, toxicity, and any other parameter deemed necessary by the City Engineer, as listed in the Water Quality Control Plan for the San Diego Basin for inland surface waters and lagoons and estuaries for the appropriate hydrologic unit. Ordinance No. 2013 — 16 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) 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. b. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2 1/4 inch pots or trees having a one (1) gallon minimum size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. c. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. d. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control 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. Ordinance No. 2013 — 17 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) b. Minimum Requirements (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 20. Waiver Of Planting And Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 21. General Construction Permit Requirements. a. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan. Permittees 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 the current City of National City Fee Schedule. 15.70.146 Work commencing prior to permit issuance —Added. Any person who commences any work where an engineering permit is required prior to obtaining the necessary permits shall be subject to an administrative penalty fee equal to the amount of the permit fee Ordinance No. 2013 — 18 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) that would be required by this code if a permit were to be issued. The administrative penalty fee is in addition to a permit fee. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 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 principal planner for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the city engineer and the principal planner. 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 shall require a surety bond in the amount of one hundred percent (100%) of the engineers' cost estimate to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any potentially 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. PASSED and ADOPTED this day of , 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Ordinance No. 2013 — Ron Morrison, Mayor 19 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) Claudia Gacitua Silva City Attorney Ordinance No. 2013 — 20 Amending NCMC Chapter 15.70 Appendix J of the 2013 Building Code Code (Grading) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 20 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA RESIDENTIAL CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.79 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY: Luis nz, Buil 'ag'Official DEPARTMENT: Buiidin PHONE: 4214 / —+ , APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Residential Code. Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA RESIDENTIAL CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.79 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 2013 California Residential Code, California Code of Regulations, Title 24, Part 2.5. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2013 California Residential Code. Section 3. The City Council of the City of National City amends Chapter 15.79 of the National City Municipal Code to read as follows: Sections: 15.79.010 15.79.025 CHAPTER 15.79 CALIFORNIA RESIDENTIAL CODE 2013 California Residential Code adopted. Chapter 1, DIVISION II, Section R104 "Duties and Powers of the Building Official", Subsection R104.6 "Right of entry" — Amended. 15.79.030 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.2 'Work exempt from permit — Building" — Amended. 15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5 "Expiration" — Amended. 15.79.045 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.7 "Placement of permit' — Amended. 15.79.050 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" — Added. 15.79.055 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.2 "Schedule of permit fees" — Amended. 15.79.060 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.6 'Work commencing before permit issuance" — Amended. 15.79.065 Chapter 1, DIVISION II, Section R109 "Inspections", Subsection 109.3.1 "Reinspections" — Added. 15.79.070 Chapter 1, DIVISION II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy " — Amended. 15.79.075 Chapter 1, DIVISION II, Section R112 "Board ofAppeals", Subsection R112.1 "General" — Amended. 15.79.080 Chapter 1, DIVISION II, Section R113 "Violations", Subsection R113.1 "Unlawful acts" — Amended. 15.79.082 Section 202 Definitions "Building Existing" — Amended. 15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses", Subsection R319.1 "Address numbers" — Amended. 15.72.090 Chapter 1, DIVISION II, Section R902 "Roof Classification", Subsection R902.1.3 "Roofing Coverings in all other areas " — Amended. 15.79.095 Plan review fees. 15.79.010 California Residential 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 one- and two-family dwellings and townhouses not more than three stories above grade, the 2013 California Residential Code, published by the California Building Standards Commission based on the International Residential Code 2012 Edition, including specified Appendices, including Administration Divisions I and II, California Code of Regulations Title 24, and Part 2.5 of the California Health and Safety Code beginning with Section 18901, and save and except such portions as are deleted, added, or modified based on the climatic, topographic, or geologic conditions. Copies of the codes are filed in the office of the building official, and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.79.025 Chapter 1, DIVISION II, Section R-104 "Duties and powers of the "Building Official", Subsection R104.6 "Right of entry" — Amended. Section R104.6 of the 2013 California Residential Code is amended to read as follows: R104.6 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, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.79.030 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit - Building" — Amended. Chapter 1, DIVISION II, Section R105.2 of the 2013 California Residential Code is amended by adding the following: 11. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 12. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed Ordinance No. 2013— 2 Amending NCMC Chapter 15.79 2013 Residential Code 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: A) Painting and decorating including refinishing of exterior stucco finishes. B) Installation of floor covering. C) Cabinet work. D) Outside paving on private property not within the public right-of-way. E) Replacement of existing windows with no structural modification of the existing window opening. 13. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 14. Painted wall signs and styrofoam or other foam mounted wall signs. 15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5 "Expiration" — Amended. Section R105.5 of the 2013 California Residential Code is amended to read as follows: Section R105.5 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 stopped at any time after the work is 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 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 six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; Ordinance No. 2013 — 3 Amending NCMC Chapter 15.79 2013 Residential Code C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the 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 subsection 15.70.040.3 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 subsection 15.70.040.3 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, as determined by the Authority Having Jurisdiction, in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.79.040. Ordinance No. 2013 — 4 Amending NCMC Chapter 15.79 2013 Residential Code 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 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. 15.79.045 Chapter 1, DIVISION II. Section R105 "Permits", Subsection R105.7 "Placement of permit" — Amended. Section R105.7 of the 2013 California Residential Code is amended to read as follows: Section R105.7 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. 15.79.050 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" — Added. Section R105.8.1 is added to the 2013 California Residential Code to read as follows: Section R105.8.1 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. 15.79.055 Chapter 1, DIVISION II, Section R108 'Fees", Subsection R108.2 — "Schedule of permit fees" — Amended. Section R108.2 of the 2013 Califomia Residential Code is amended to read as follows: Section R108.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule. 15.79.060 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.6 'Work commencing before permit issuance" — Amended. Section R108.6 of the 2013 California Residential Code is amended to read as follows: Section R108.6 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 administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty Ordinance No. 2013- 5 Amending NCMC Chapter 15.79 2013 Residential Code is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.79.065 Chapter 1, DIVISION II, Section R109 "Inspections", Subsection 109.3.1 "Re -inspections" — Added. Chapter 1, DIVISION II, Section R109.3.1 is added to the 2013 California Residential Code to read as follows: Section R109.3.1 Reinspections. A reinspection 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 or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. 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 in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.79.070 Chapter 1, DIVISION II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy" —Amended. Section R110.4 of the 2013 California Residential Code is amended to read as follows: Section R110.4. Temporary Certificate of Occupancy. 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 building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; Ordinance No. 2013— 6 Amending NCMC Chapter 15.79 2013 Residential Code 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; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments. 15.79.075 Chapter 1, DIVISION II, Section R112 "Board of Appeals", Subsection R112.1 "General" — Amended. Section R112.1 of the 2013 California Residential Code is amended to read as follows: Section R112.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.79 of the National City Municipal Code. 15.79.080 Chapter 1. DIVISION II, Section R113 "Violations", Subsection R113.1 "Unlawful acts" — Amended. Section R113.1 of the 2013 California Residential Code is amended to read as follows: Section R113.1 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. 15.79.082 Section 202 Definitions "Building Existing" — Amended. Section 202 Definitions "Building, Existing" of the 2013 California Residential Code is amended to read: Building, Existing. An "existing building" is a building erected prior to the adoption of the 2013 California Residential Code, or one for which a legal building permit has been issued. If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. 15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses", Subsection R319.1 "Address numbers" — Amended. Section R319.1 of the 2013 California Residential Code is amended to read as follows: Section R319.1 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 Ordinance No. 2013 — 7 Amending NCMC Chapter 15.79 2013 Residential Code 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. 15.72.090 Chapter 1, DIVISION II, Section R902 "Roof Classification", Subsection R902.1.3 'Roofing Coverings in all other areas" — Amended. Section R902.1.3 of the 2013 California Residential Code is amended to read as follows: Section R902.1.3 Roof Coverings in all other areas. The entire roof covering of every existing structure where more than fifty percent (50%) of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of the roof of every existing structure, shall be a fire - retardant roof covering that is at least Class B. 15.79.095 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. PASSED and ADOPTED this day of , 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No. 2013— 8 Amending NCMC Chapter 15.79 2013 Residential Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 21 ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 15.04 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 15.04.010 PERTAINING TO THE CITY COUNCIL'S AUTHORITY UNDER TITLE 15 PREPARED BY: Luis S PHONE: 4214 EXPLANATION: See attached fficial DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Ordinance Staff Report on the Adoption of the 2013 California Building Standards Code The California Health and Safety Code Section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. A jurisdiction may propose amendments, additions and deletions to those codes. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geological or topographical conditions. This year the California Building Standards Commission published the 2013 California Building Standards Code which is based on the 2012 International Building Code, 2012 International Residential Code, 2012 Uniform Plumbing Code, 2012 Uniform Mechanical Code and the 2011 National Electrical Code, 2013 edition. The National City Building Division recommends adoption of the 2013 California Building codes. The Building Division also recommends amending Chapter 15.04 of the City of National City Municipal code by amending section 15.04.010 pertaining to the City Council's Authority under Title 15. 1. Alternate Materials and Method of Construction 2. Refusal to issue Permits 3. Notice to Abate Public Nuisances 4. Interpretation of city codes 5. Disabled Access Regulations 6. Decision of City Council to be Final B. Definition. "Authority" means the Building Official of the City of National City Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently scheduled for the City Council Meeting on December 3, 2013. ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 15.04 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 15.04.010 PERTAINING TO THE CITY COUNCIL'S AUTHORITY UNDER TITLE 15 The City Council of the City of National City does ordain as follows: Section 1. Chapter 15.04 of the National City Municipal Code is amended by amending Section 15.04.010 to read as follows: 15.04.010 City Council's Authority Under Title 15. A. In matters pertaining to Title 15 of the Municipal Code, the city council shall have final authority in the following matters: 1. Alternate Materials and Method of Construction. The city council may approve alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. 2. Refusal to Issue Permits. The refusal of the building official to issue any permit required by the city may be appealed by the applicant to the city council. 3. Notice to Abate Public Nuisances. The action of the building official in issuing a correction notice or a notice to abate a public nuisance may be appealed to the city council. 4. Interpretation of City Codes. The decision of the building official in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code, energy code, green buildings standards code, uniform code for the abatement of dangerous buildings, uniform swimming pool, spa and hot tub code, and residential code of the city may be appealed to the city council. 5. Disabled Access Regulations. All appeals regarding the interpretation or application of the disabled access regulations contained in Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code pursuant to Health and Safety Code Section 19957.5 and the disabled access regulations contained in Title 24 of the California Code of Regulations shall be heard by the city council. 6. Decision of the City Council to be Final. In deciding the matters enumerated in subsections 1 through 5 of this section, the decision of the city council shall be final. B. Definitions. The following definitions apply to Chapter 15: For the purposes of Chapters 15.08, 15.10, 15.14, 15.16, 15.20, 15.22, 15.24, 15.34, 15.75, 15.78, and 15.79, "Authority Having Jurisdiction" means the building official of the City of National City. --- Signature Page to Follow --- PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney day of , 2013. Ron Morrison, Mayor Ordinance No. 2013 — 2 Amending NCMC Chapter 15.04 Adopted: 2013 City Council's Authoirty under Title 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -MEETING DATE: November 19, 2013 AGENDA ITEM NO. 2 ITEM TITLE: An Ordinance Amending Appendix 'A' of the Westside Specific Plan to add "Self -Storage Facility with Accessory Truck Rental" as a Conditionally -Allowed Use in the Limited Commercial (CL) Zone. (Applicant U- Haul) (Case File 2013-20 SPA) PREPARED BY: Martin) DEPARTMENT: Planning. Reeder, AICP PHONE: 1619-336-4313 APPROVED EXPLANATION: The City Council held a public hearing on the proposed amendment to Appendix 'A' of the Westside Specific Plan at a Public Hearing on October 15, 2013. The Ordinance was introduced on November 5, 2013. Final adoption of the attached ordinance is needed to complete the Specific Plan Amendment process, FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. N/A APPROVED: MIS NVIRONMENTAL REVIEW: This proposed use is a commercial use in the CL (limited commercial) zone of the Westside Specific Plan area. This proposed use is consistent with the commercial uses allowed in the CL zone and commercial use impacts have already been analyzed sufficiently and adequately in the Final EIR for the Westside Specific Plan (State Clearinghouse No. 2008071092), certified by the City Council on March 16, 2010. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the Ordinance BOARD / COMMISSION RECOMMENDATION: jN/A ATTACHMENTS: 1. Ordinance ORDINANCE NO. 2013 — 2384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING APPENDIX "A" OF THE WESTSIDE SPECIFIC PLAN TO ADD "SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL" AS A CONDITIONALLY -ALLOWED USE IN THE LIMITED COMMERCIAL (CL) ZONE WHEREAS, pursuant to the terms and provisions of the California Government Code, proceedings were duly initiated for the amendment of the Westside Specific Plan; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended such amendment. NOW, THEREFORE, the City Council does ordain as follows; Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Appendix "A" of the Westside Specific Plan be amended to add the following land use: Use Group No. Definition Zones RS-4 MCR-1 MCR-2 CL IC OS 19 Self -Storage Facility with Accessory Truck Rental" - - - C - - - = Not Permitted Use C = Requires Approval of a Conditional Use Permit Section 3. This proposed use is a commercial use in the CL (limited commercial) zone of the Westside Specific Plan area. This proposed use is consistent with the commercial uses allowed in the CL zone and commercial use impacts have already been analyzed sufficiently and adequately in the Final EIR for the Westside Specific Plan (State Clearinghouse No. 2008071092), certified by the City Council on March 16, 2010. [SIGNATURE PAGE TO FOLLOW] Ordinance No. 2013 — 2384 1 Amending Appendix "A" of Self -Storage Facility with Truck Rental the Westside Specific Plan PASSED and ADOPTED this 19th day of November, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No. 2013 — 2384 2 Amending Appendix "A" of Self -Storage Facility with Truck Rental the Westside Specific Plan CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -1EETING DATE: November 19, 2013 AGENDA ITEM NO. ?3 ITEM TITLE: ;Resolution of the City Council of the City of National City approving a Conditional Use Permit for a Self - Storage Facility with Accessory Truck Rental located at 1300 Wilson Avenue. (Applicant: U- Haul/Amerco) (Case File 2013-20 CUP) PREPARED BY: 'Martin der, AICP PHONE: '336-4313 1 EXPLANATION: The City Council conducted a public hearing on this item at the November 19, 2013 City Council meeting. The attached resolution is needed to take action on the item., DEPARTMENT: IPlannin APPROVED BYE, FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution I BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ';;Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL LOCATED AT 1300 WILSON AVENUE APPLICANT: U-HAUUAMERCO CASE FILE NO. 2013-20 CUP APN: 559-061-15 & 14 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a self -storage facility with accessory truck rental located at 1300 Wilson Avenue at a duly advertised public hearing held on November 19, 2013; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-20 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City 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 Council of the City of National City that the evidence presented to the City Council at the public hearing held on November 19, 2013, support the following findings: 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 proposed use would be contained within the existing building envelope, and all activities would be contained on the subject site. 2. That the site has sufficient access to Wilson Avenue and Civic Center Drive, both Collector streets with direct access to Interstate 5, operating at a Level of Service (LOS) of A and C respectively, to accommodate the approximate maximum of 5 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will be completely contained within the existing building and property, and since only gasoline vehicles will be used in conjunction with the business. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the conversion of an existing industrial use to a non -industrial use and will contribute to the viability of the existing commercially -zoned property. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: Resolution No. 2013 — November 19, 2013 Page Two General 1. The Conditional Use Permit shall not be considered valid, nor construction plans accepted for a self -storage facility, until the associated Specific Plan Amendment has been approved. 2. This Conditional Use Permit authorizes a self -storage facility with accessory truck rental and hitch installation. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits B and C, Case File No. 2013- 20 SPA, CUP dated August 21, 2013. 3. Within four (4) days of 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 City Planning Department. 4. This Conditional Use Permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, Fire and Accessibility Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Fire, and Accessibility Codes. Engineering 7. 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 Resolution No. 2013 — November 19, 2013 Page Three 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 Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. 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. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. 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 be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. 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. 13. 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. Fire 14. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA, current edition of the CFC, and Title 19 of the California Code of Regulations. Resolution No. 2013 — November 19, 2013 Page Four Planning 15. A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code. 16. Remove and dispose of the existing on site underground storage tank (UST) and its contents. Confirmatory soil and groundwater sampling should also be conducted in this area to determine if a release has occurred. 17. A limited subsurface investigation shall be conducted in order to determine the presence or absence of soil and/or groundwater contamination, specifically in the areas of the observed clarifiers, floor drains, and unidentified subsurface features within the warehouse building (Building 1). 18. Clean out the Existing catch basins, drains, inlets, and cleanouts shall be cleaned and associated waste properly disposed of. 19. Based on the information provided in the survey completed by Ninyo & Moore in 1999, the observed damaged areas of confirmed asbestos -containing materials and lead - based paints shall be abated and an Operation and Maintenance Plan be implemented to manage the remaining areas of intact confirmed asbestos -containing materials and lead -based paints in place. 20. All rental trucks shall be stored on the site and not on adjacent public streets. 21. No more than 50 rental trucks shall be stored on site at any one time. 22. The rental truck fleet shall be exclusively gasoline -powered (or hybrid/alternative fuel - powered). No diesel -powered vehicles are permitted as part of the rental fleet. 23. 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 Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [SIGNATURE PAGE TO FOLLOW] Resolution No. 2013 — November 19, 2013 Page Five PASSED and ADOPTED this 19th day of November, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 124 ITEM TITLE: Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for a Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 21, 2013. Applicant anticipates approximately 300-350 families/children will be attending this year's event. The applicant is requesting a waiver of fees.] PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: National City College Campus Lions Club is requesting (North & South Rooms) for a Spirit of the Holidays food Costs are as follows: Fees: Hall Fee $ 703.56 Facility Use Fee $50.00 Custodial $ 280.00 Chairs/Tables $ 35.00 Total $1,018.56 The total, including the non-waivable/non-refundable fee, is $1,068.56 and a refundable deposit of $200.00. The event is not a City -Sponsored or co -sponsored event, but is consistent with Policy 803 7oveming the use of the Martin Luther King Jr. Community Center. This is the third year the Club is folding the food and toy giveaway. Council at the October 2, 2012 meeting waived hall, chair and table tees and requested payment of the facility use, custodial and refundable deposit fees. DEPARTMENT: P blic WO APPROVED BY: use of Martin Luther King Jr. Community Center and toy giveaway on December 21, 2013. Non-Waivable/Non-Refundable Fee Refundable Deposits: Cleaning $100.00 Key Deposit: $100.00 Total $200.00 FINANCIAL STATEMENT: ACCOUNT NO. n/al ENVIRONMENTAL REVIEW: n/a` ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: This event is not a City -sponsored or co -sponsored event. Staff recommends approval of use/fees as stated above.' BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: .etter from National City College Campus Lions dated October 30, 2013 Facility Use Application Certificate of Liability Insurance Council Policy 803 National City College Campus Lions 5 West 18th Street National City CA. 91950 Phone (619) 474-0979 Fax (619) 474-0772 Oct. 30, 2013 To: Director of Public Works ..d30 S3*10M 3118ild We are N.C. College Campus Lions Club a none profit organization We have Sprit of The Holidays which our club raises funds to provide toys and meals for families in National City. We provide for 300 to 350 children and families. We would like to ask if you would waive the fees for the facilities which will help us to provide for more families and children. The date we would like to have the facilities is December 21st 2013 Thank you Blanca Molina City of National City Facility Use Application Rev. 10/18/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4593 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City CouncilMID -a Facility Requested: please circle Martin Luther King Jr. Building North Room l South Room Entire Facility W r- C7 n W N 0 m rn Date(s) of Use: bee a� a6/3 Day(s) of Use: 1,. .i� ari/37-1 Time of Use: From: fryi AM/PM To: (J1 AM/PM - INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: _cp r i to t tf1 a NC 1i day S Is the event open to the public? ye Name & Address of Organization/Group: A/ c . LtrtkJ e C.arn»cd5 iems c%.6 Non- profit organization: Yte� No Tax ID # Anticipated Maximum Attendance: 3M - _5 Percentage of National City Residents jeA "=1 ate. Will Admission be charged? A/4 Amount $ Will this be a Fund Raising Event? Ale Equipment Requested: . # of chairs at.) # of banquet tables / Stage Podium/Microphone **PLEASE ATTACH SEATING DIAGRAM Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes .t No Use of Gas for Range and Oven: Yes 7 No Is the Use of Alcohol Requested? ,4✓7) Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes .% No Name: Phone: L ('/y) 4l77' 4'i Name: ,/&;r n_^r. ;14 Phone: (UP) `772-P71? How many times in the last twelve months have you requested to use a City Facility? s'! It is expressly understood and agreed that the applicant assumes all risk 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 Public Works Department. The applicant further agrees that in considerations 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 organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: /Q 2 -, PRINT NAME: /'/qn rG h%a / i nq SIGNATURE:,, ,l� 2 2c.4rru ADDRESS OF APPLICANT: 3 lik / A 4 Sj . CITY, STATE,/V"AND ZIP CODE: , (19. 719J?)% PHONE: DAYC[siT/ �)/-g 7)? FAX NUMBER: d9- CONTACT PERSON ON THE DAY OF THE EVENT: HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. PHONE: ( ) L/ 7 Y C i 77 CELL: ( ) )' 72 2, Y Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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: .�, .J /% p- t 2e;rui (LA Person in charge of activity: h < /r'/a!�-xr Address: a.C' Wc•.s 7 C /774 . Sore e. f 4` C - ( . 9/:�`� Telephone: 9.79`-d7>7 E-Mail: ��rr/ ���7vi i- cca / /r r/ City Facilities and/ or property requested: )1 Date(s) of use: %kc . HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signature of applicant Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and intemal security: .0 Qit!i Gut a(/ 0 0 4 tilts - l v, �%%l - J-se cz.,0Zt;.(Z r r: .lam 1 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 producers for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO 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: A,Alweat ORI7 CERTIFICATE OF LIABILITY INSURANCE 1 AT/E162YDiD1 NYYY) THIS 'CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. 'APORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ►e terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the ertificate holder in lieu of such endorsement(s). PRODUCER Willis of Illinois, Inc. 425 N. Martingale Road, Suite 1100 Schaumburg, IL 60173 W," John Adams. PHONE No. Ear 1-800-316-6705 MAIL lionsciubs@wrnis.com ADDRESS. INSURER'S) APFORDNG COVERAGE IFN , No): 1 888-467 2378 NAIL: INSURER A ACE American Insurance Company 22667 INSURED College Campus Lions National City California INSURER 8:. INSURER C : INSURER D : INSURER E : __POURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ri TYPE OF INSURANCE ADDL WN,TR SCR POLICY NUMBER Mg") FF N al Y i_ LIMITS A GENERAL X LIABILITY IX3t1�1EROlALGENERAL LABU/TY HDOG27022923 09/012013 09/012014 EACH OCQIRRENCE s 1,000,000 DAMAGE TD tothrteD PR�rAi Esma=mace, s 1,000,000 CLAIMS -MADE n OCCUR ABED EXP (Any are Pa9m+) S 1.000 X Agg. Per Named Insured PERSONAL 8 ADV INJ % Y S 1.000.000 is $2,000,000 GENERAL AGGREGATE s 10,000,030 GENT. ArzrzIPGATE�LIMIIT APPLIES PER PRODUCTS - COMProP AGG S 2,000,000 j I POLICY I ,Is El LOC 1 A AUTOMOBILE — LIABILITY ANY AUTO_ AUTOS DOMED HIRED AUTOS — SCHEDULED AUTOS A ED ISAH08721415 09/01/2013 09/01/2014 PAMI ONSINGLE LIMITS �NEeaa Included aoray mum. (Per Person) s BODILY INJURY (Per w deo) S ip rOacodeltRTY DAMAGE (Per S S UMBRELLA LIAB EXCESS LIAO — OCCUR CLAIMS -MADE EACH OCCURRENCE s AGGREGATE S DEO _ ! RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPWETOR.PARNNEWEXECUTA'E OFFICERWMEMBER EXCLUDED, (Mandatory aldatteescobe NH) wan DES1.•'IPTION Cr OPERATIONS below YIN -'-- N N A WC STATU- OTH- TOW 1 IMITS FR E L. EACH ACCIDENT S E.L DiSFASF - EA EMPLOYEE S E L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS : VEHICLES (Attach ACORD lac, Additional Remarks Schedule. R more space is required) Provisions of the policy apply to the named insured's participation in the following activity during the policy period shown above: 12/21/13 PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES. CERTIFICATE HOLDER CANCELLATION Martin Luther King Cummunity Center 140 E. 12th Street Nations I City California 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE e to 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF POLICY 803 THE MARTIN LU'1'11ER KING JR. COMMUNITY CENTER AND GRANGER NUMBER ADOPTED: August 10,1993 AMENDED OR September 16, 2008 REVISED Purpose Page I of 3 To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organisations whose membership substantially includes National City residents or whose purpose is to provide services. to Na- tional City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of f City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide fmancial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center,140 E. 12th Street Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Senior and Recreation Centers" CITY OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City .and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community Center, and Granger Music Hall. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12th Street 2. Granger Music Hall City facilities may not be used by any person or groupfor private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or. disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 8 Exclusions 8 Applicant Eligibility . 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES 10 SPECIAL RATES 10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit 11 FEES Facility Use Fee 11 PAYMENT 11 General Kitchen Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM 12 DECORATING .12 RESTROOMS .13 INDEMNIFICATION .13 4 INSURANCE 13 ALCOHOL REGULATIONS 13 SECURITY 14 SMOKING 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT ..15 NON-DISCRIMINATION 15 5 CATEGORIES OF USE — BY PRIORITY Category Use Fees Required Approval I. II. City Events. organized or sponsored by the City. City, employee groups for official meetings. For other than official meetings, functions will . be classified by. use. Educational Groups. Educational activities organized by any school located in National City. No Fees Custodial Fees Council Approved Rate Community Services Director Community Services Director City Council IV. Governmental Agencies Council Approved Rate City Council V. VI. Civic Groups/Service Groups Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate Council Approved Rate City Council City Council VII. 6 Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for Council Approved Rate City Council the payment of these taxes by the State Franchise Tax Board. VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. Council Approved Rate City Council XI. Private. National City residents who would like to use Granger Hall for weddings, parties, and special events. Council Approved Rate City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. 7 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees None None None None None II. Employee Group Custodial fees None None None None None III. Educational Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VI Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group . Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable VIII Other Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable XL Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests. and /or legal action. City facilities rented for .exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 9 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations- A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check, Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or.a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) 10 Key Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with .this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must. complete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. 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 with equal financial stability that is approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City. facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this 13 coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. The designated alcohol server must also be 21. years of age or older. Users must specify in detail the monitoring of alcohol consumption. Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. 14 LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures.. that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO.2 ITEM TITLE: the Port of San Diego is requesting the use of the Martin Luther King Jr. Community Center (North Room) on Wednesday, December 4, 2013, from 8:00 am to 12:00 noon, for a public forum for approximately 75-100 attendees for a special gathering of regional stakeholders to develop a new Port Master Plan. PREPARED BY: Joe Smith DEPARTMENT: Public W PHONE: 1336-4587 APPROVED BY: EXPLANATION: The Port of San Diego will hold a gathering of stakeholders to develop and update their Port Master Plan and is requesting use of Martin Luther King Jr. Community Center (North Room) from 8:00 am to 12:00 noon on Wednesday, December 4, 2013. Fees: Non-Waivable/Non-Refundable Fee: Refundable Deposits: Hall Fee $ 281.44 Facility Use Fee $50.00 Cleaning $100.00 Custodial $ 88.00 Key Deposit: $100.00 Chairs/Tables $ 35.00 Total $200.00 Total $ 404.44 The total, including the non-waivable/non-refundable fee, is $404.44 and a refundable deposit of $200.00. The event is not a City -Sponsored or co -sponsored event, but is consistent with Policy 803 governing the use of the Martin Luther King Jr. Community Center. FINANCIAL STATEMENT. ACCOUNT NO. In/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS 1 STAFF RECOMMENDATION: 'Staff recommends approval of use/fees as stated above. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 'Facility Use Application certificate of Liability Insurance Council Policy 803 City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use ofty Facility attend the City Council meeting when the item is scheduled for consideration in order to answer fro qutons from the City Council ram"_ inn C) Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility 0 Q can D Date(s) of Use: Dec . _ � s _ , Day(s) of Use: - ui Time of Use: From: $kW\ AM/PM To: 12-{prn AM/PM — INCLUDES SET-UP & CLEAN UP TIME Type of Function/Activity: C 4 Meth Is the event open to the public? N Q Name & Address of Organization/ dGroup ?Or': C -�Q(1 D (� Non- profit organization: Yes Anticipated Maximum Attendance: I 00 Tax ID# Percentage of National City Residents /5c ' Will Admission be charged? NO Amount $ Will this be a Fund Raising Event? Nt() Equipment Requested: I DO # of chairs 5 # of banquet tables Stage Podium/Microphone "PLEASE ATTACH SEATING DIAGRAM' Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes No Use of Gas for Range and Oven: Yes .X Is the Use of Alcohol Requested? N U Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes No Name: Name: Phone: Phone: How many times in the last twelve months have you requested to use a City Facility? it is expressly understood and agreed that the applicant assumes all risk 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 considerations 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 organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. HAVE YOUR COPY OF DATE COMPLETED: [[/ 1.- APPLICATION IN POSSESION DURING USE PRINT NAME: Please type or print clearly with a SIGNATURE: l�G Ballpoint pen. Complete ADDRESS OF APPLI£irNT: Sae?, , 1' (.e application must be submitted and payment submitted in CITY, STATE, AND ZIP CODE: sanD \ 9 Z1Q'Z advanced of the event. PHONE: DAY FAX NUMBER: `` O Sy� CONTACT PERSON ON THE DAY OF THE EVENT: V'' CAPHONE: (ill e I `It' 2310 CELL: ( ) Wig 2 • ` °2-67 Public Works Staff Only - Rental Amount Received: Receipt Number. Deposit Amount: Deposit/ Key Returned: Check Key issued YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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:. ?Q r't San 161 Person in charge of activity: Jon s ,P1 d Address: 3o 7 \VQ.. � �.�-Q, 20b Telephone: 1.019 ' 8 j'4- • 21 1( E-Mail: Jsanm.1 d o) c ookandSc ci • Co City Facilities and/ or property requested: C11 L-4Qt{'"j;jkvtl f 1s Date(s) of use: Dec maex LVjf'r' dam - 2- HOLD HARMLESS AGREEMENT As a condition of thc issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indenmify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Certificate of Insurance Approved by Oye Name and Title Hi Stacey, You can add the Al with PB 0448 for no charge Thanks! Nationwide® On Your Side Nationwide Insurance ASled ktstrance Meghan Kennedy Commercial Underwriter Commercial Underwriting Department Pacific West Regional Offi eel Pacific Coast Regional Office W 916-900-5572 1 F 877-807-9528 i ennedrn1Cpnation de.com From: Stacey Merritt/Nationwide/NWIE To: Meghan Kennedy/Nationwide/NWIE@NWIE Cc: Mark S Connolly/Nationwide/NWIE@NWIE Date: 1 1 / 13/2013 12:41 PM Subject: Fw: UW approval needed ACP 7853695700 Request to Add Addtional Insured Martin Luther King Center Hi Meghan, Can you please review this request and advise? Thanks Nationwide°` On Your Side Stacey Merritt C L Customer Service Rep t Commercial Service Center(CSC)Nation de W 888-999-1197 option 1 Ext. 3845733 Fax 88B-279 3014 merrits7 at nationwide.com Forwarded by Stacey Merritt/Nationwide/NWIE on 1 1 /13/2013 03:40 PM From: Stacey Merritt/Nationwide/NWIE To: Mark S Connolly/Nationwide/NWIE@NWIE Date: 11 / 13/2013 03:40 PM Subject: UW approval needed ACP 7853695700 Request to Add Addtional Insured Martin Luther King Center Hi Mark, The Policy Holder called the service center and is requesting to add additional insured for a Stake Holders meeting scheduled 12/04/13 from 9:00 am to 11:00 am at the Martin Luther King Community Center 140 E l2th STE B , 75 - 100 in attendance. National City California 91950. this request will need Underwriter approval for form and premium. 2 Thank You 111 1 am On Your Side® Stacey Merritt] CL Customer Service Rep I Commercial Service Center) Nationwide W 352-384-57331 F 855-279-'3014 merrits7r nationwide cum Important Note: The information contained in this e-mail message, including any attachments, is CONFIDENTIAL and is intended only forthe individual or entity named in this communication. lithe reader of this message isnot the intended recipient, or employee, or agent responsible fordeiivering note intended recipient, you are hereby notified that dissemination, distribution, or copying of this communication is strictly prohibited. Ifyou have received this communication in error, please immediately notify the senderby a -mall a nd destroy all copiesofthe original message. Thank you. Norma Maggiora From: Katherine Harkenrider<KHarkenrider@cookandschmid.com> Sent: Thursday, November 14, 2013 9:37 AM To: Norma Maggiora Subject: FW: UW approval needed ACP 7853695700 Request to Add Addtional Insured Martin Luther King Center Hi Norma, Here is our email of approval from our provider. As you can see we are waiting on the actual document to be forwarded to us. This was just a confirmation email we received this morning (I hope this helps) we have added you to our policy! I will send the actual policy when we get it! From: Paula Schmid Sent: Thursday, November 14, 2013 9:27 AM To: Katherine Harkenrider Subject: FW: Fw: UW approval needed ACP 7853695700 Request to Add Addtional Insured Martin Luther King Center There doesn't seem to be any attachment of documentation. From: MERRITS7@nationwide.com [mailto:MERRITS7@nationwide.com] Sent: Thursday, November 14, 2013 7:16 AM To: Paula Schmid Subject: Re: Fw: UW approval needed ACP 7853695700 Request to Add Addtional Insured Martin Luther King Center Hi Paula, Your request to add Additional Insured Martin Luther King Jr. Community Center, has been processed effective 12/04/13. Enjoy your day! Nationwide* On Your Side StaceyMerritt CLCustomer Service Rep I Commercial Service Center (CSC) Nationwide W 888-999-1197 option 1 Ext. 3845733 Fax 888-279-3014 merrils7@nationwide.com From: Meghan Kennedy/Nationwide/NWIE To: Stacey Merritt/Nationwide/NWIE@NWIE Cc: Mark S Connolly/Nationwide/NWIE@NWIE Date: 11 /13/2013 07:24 PM Subject: Re: Fw: UW approval needed ACP 7853695700 Request to Add Addtional Insured Martin Luther King Center 1 CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF POLICY 803 THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER NUMBER ADOPTED: August 10, 1993 AMENDED OR September 16, 2008 REVISED Purpose Page 1 of 3 To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services. to Na- tional City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center,140 E. 12th Street Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Senior and Recreation Centers" CITY OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community Center, and Granger Music Hall. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12th Street 2. Granger Music Hall City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 8 Exclusions 8 Applicant Eligibility 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES 10 SPECIAL RATES 10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit .11 FEES Facility Use Fee 11 PAYMENT 11 General Kitchen Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM 12 DECORATING 12 RESTROOMS .13 INDEMNIFICATION .13 4 INSURANCE 13 ALCOHOL REGULATIONS .13 SECURITY 14 SMOKING 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT .15 NON-DISCRIMINATION ..15 5 CATEGORIES OF USE - BY PRIORITY Category I. II. IV. Use City Events. organized or sponsored by the City. City employee groups for official meetings. For other than official meetings, functions will . be classified by use. Educational Groups. Educational activities organized by any school located in National City. Governmental Agencies Fees No Fees Custodial Fees Council Approved Rate Council Approved Rate Required Approval Community Services Director Community Services Director City Council City Council V. VI. Civic Groups/Service Groups Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate Council Approved Rate City Council City Council VII. 6 Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for Council Approved Rate City Council the payment of these taxes by the State Franchise Tax Board. VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. Council Approved Rate City Council XI. Private. National City residents who would like to use Granger Hall for weddings, parties , and special events. Council Approved Rate City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. 7 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees None None None None None II. Employee Group Custodial fees None None None None None III. Educational Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VI. Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable VIII Other Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable XI. Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests. and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 9 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations- A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the retum of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or.a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) 10 Key Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. 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 with equal financial stability that is approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this 13 coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. The designated alcohol server must also be 21years of age or older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. • Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. 14 LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 26 ITEM TITLE: City Council consideration of Electronic ("E") Newsletter Proposal PREPARED BY: Lauren Maxilom, Management Analyst II PHONE: 619-336-4289 EXPLANATION: See attached Staff Report kn DEPARTMENT: City Man APPROVED FINANCIAL STATEMENT: APPROVED: !/ ACCOUNT NO. APPROVED: Funds Available in account 001-409-000-230-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 9 Finance MIS STAFF RECOMMENDATION: If the Council supports the concept of publishing an e-newsletter, staff recommends a one year pilot program to gauge community interest. Staff further recommends the City Council consider the following factors: 1) Working with a firm with expertise in newsletter design; 2) Publish the newsletter bi-monthly; 3) City staff will create story content. ;BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: Staff Report Copies of Newsletters from other cities E•News Sign—up Staff Report: City Council Consideration of Electronic ("E") Newsletter Proposal Introduction: The purpose of this report is to request City Council consideration of the publication of a city electronic ("E") newsletter. Consistent with the City's Strategic Plan 1 c to expand public access to city services and information, an electronic newsletter could serve as another mechanism to support this initiative. The addition of an e-newsletter would enhance and supplement the City's current efforts of community outreach and resident engagement. Background: Citizen engagement, one of the City Council's top priorities, involves more than just public participation at meetings and events. The use of technology provides us with even greater opportunities to engage our residents to ensure they have access to a wide range of tools and information to participate more fully in city government. Despite a difficult economy and dwindling budgets, National City has worked hard to ensure transparency and communication with our residents; some of the ways we have done so include: • Publishing a printed City Newsletter (periodically from 1980 thru 2009) • Establishing the Neighborhood Council Program (2004) • Redesigning the City's Website (2008) • E-News Sign-up (2008) * see attached • Publishing electronic and printed recreation brochures • Webcasting meetings of the City Council, Planning Commission , and Oversight Board (2008) • Installing electronic messaging boards at major city facilities (2008-City Hall 2011-MLK & Library) • Providing online agendas and backup material for all city council and board/ commission meetings (2012) • Social Media (2012) • Installing Wi-Fi at major city facilities (2012) Discussion: As previously discussed, there are a number of ways cities can communicate with residents. The Internet and social media are powerful tools cities use to communicate with its residents. Another important communication tool is a newsletter which can highlight information on community interests, events, and activities as well as updates and reports on major projects. Technology has moved away from printed newsletters to electronic ('e') newsletters. The convenience of an e-newsletter allows the information to flow directly to the user's inbox with a simple click to access the information that is of interest to them. A well thought out and regularly published newsletter will give the city a unique experience of getting to know our residents, and more importantly, give them a chance to get to know us. After several issues, we can begin to learn what is of interest to the reader by monitoring those articles that are being read, rather than just the tagline. Many cities and agencies publish some form of a newsletter or brochure as a way to inform residents about programs, events, projects and other city business. Newsletters can be electronically sent to subscribers and/or posted to a website to view at any time. Locally, the National City Chamber of Commerce and "Visit National City" publish e- newsletters that are geared more to our business community and regional visitors. Information sharing between the different local newsletters can aid in staff time dedicated to creating feature stories and may reduce revision costs through the chosen firm. Annual Cost: The annual cost of the newsletter can range from $5,000-$17,000 depending on several factors: 1. creation of story content 2. number of issues published 3. design and layout development 4. maintenance The e-newsletter set-up costs will include design, custom graphics, layout, processioning of distribution list, creating and editing of story content, and an after -read report. City Staff created story content • Bi-monthly (6 editions): approximately $5,000 annually • Monthly (12 editions): approximately $8,000 annually. Firm created story content • Bi-monthly (6 editions): approximately $9,500 annually • Monthly (12 editions): approximately $17,000 annually. Staff Recommendation: If the Council supports the concept of publishing an e-newsletter, staff recommends council consider the following factors: 1. One year pilot program to gauge community interest. 2. Bi-monthly newsletter with City staff created story content 3. Contract with a firm whose expertise is in newsletter design / development and has the capability to host (or maintain) the subscriber list 4. Approximate annual cost of $5,000 If approved, the next step in the process would be to return to council with a conceptual layout of a City e-newsletter. Newsletters from other cities wrnururuiy wnnectron Page 1 of 5 November 2013 (Click HERE to visit the City's Calendar) KUDOS TO KENNEDY CHLJLA VISTA Chula Vista is fortunate to have many wonderful City staff members and some are worthy of statewide recognition including CVPD Lieutenant Roxana Kennedy. Lt. Kennedy recently received the California Peace Officers Association Trailblazer award at the Women Leaders in Law Enforcement symposium for her contributions to law enforcement. This award is presented to a woman working in law enforcement who has made outstanding contributions to her profession and/or professional organization. As the highest ranking female officer in the Chula Vista Police Department and the agency's first female lieutenant, Kennedy was nominated by Police Chief David Bejarano for her professional accomplishments and her volunteer work in Africa with Project Compassion. A 21-year career with CVPD has given Lt. Kennedy a wide array of experience. She currently is the commander of the Crisis Negotiating Team and the Mobile Field Force as well as a District Commander leading problem solving efforts and outreach in the Chula Vista community. For many years, she chaired the department's Awards and Recognition committee and has led fundraising efforts for the Police Foundation. Her off -duty time is spent procuring resources for Project Compassion, a non-profit organization that provides medical aid, educational supplies, and spiritual needs to third world countries. Lt. Kennedy has been to Africa three times working with Project Compassion and says the opportunity to visit and serve in third world countries has enriched her life in so many ways. She is looking forward to her next medical mission trip to Romania in May 2014 where the focus will be working to help children in the many orphanages there. Congratulations Lt. Kennedy! in D i-i i i:le This Edition: Lt. Kennedy South Bay Expressway Sewer Rate Increase Swimming Feat Did You Know... Upcoming Events Join Our Mailing List! Read Past Editions Contacts SERVICES Animal Care Animal Control 476-2476 http://archive.constantcontact.com/fs 114/1110009660372/archive/1115415085411.html 11/13/2013 �ommumty Lonnectton Page 2 of 5 SHOPPING MADE EASIER Make your holiday shopping easier with the South Bay Expressway! Kiss traffic goodbye and open a FasTrak account to save up to 80 percent on tolls. Local trips within Chula Vista are only 50 cents with FasTrak, compared to $2.50 for cash or credit card customers. You could win a $500 spa package Soul, 8;? by 133$wa1 Give your commute a makeover and open an account or add a transponder for a chance to win a $500 spa package from eLiveLife.com. "Like" SBXthe125 on Facebook for a chance to win a $100 spa gift certificate. Want even more savings? Refer -A -Friend to open a new account. Both of you can get $10 in free toll credit& Pick up FasTrak when you shop at Costco in Rancho del Rey and get $5.01 in free tolls. FasTrak transponders also work on the 1-15 Express Lanes and other toll roads and bridges in California. Whether you're headed to work, shopping in Chula Vista, or to run errands with the family, save time and money with FasTrak on the South Bay Expressway. CLICK HERE and open an account today! MEETINGS SET ON SEWER INCREASE Every five years, the City of Chula Vista conducts a review of sewer rates to ensure there is continued adequate funding for operation and maintenance of the sewer system and treatment of the City's wastewater system. The review includes rising costs of energy, materials, and water treatment services. Rates are then proposed to cover costs of providing these services. So that residents can ask questions and receive more detailed explanation of the proposed upcoming increase, several community meetings are planned. Input from these meetings will be included in the public hearing scheduled to be discussed at the December 17 City Council meeting. The public is invited to any of the following four community meetings: Wednesday, November 6, 1:30 to 3:30 p.m. at Salt Creek Community Center, 2710 Otay Lakes Road, or 6 to 8 p.m. at Joseph Casillas Elementary School, 1130 East J Street; Thursday, November 7, from 2:30 to 4:30 p.m. at Otay Recreation Center, 3554 Main Street, or 6 to 8 p.m. at Feaster Charter School, 670 Flower Street. For more information, please call (619) 476-5380 or EMAIL. NO "PIER" PRESSURE Another City employee has accomplished something many will never do or even thought of: he reached his goal of swimming around all 36 Pacific Ocean piers on the California Coastline! Ken Thiltgen, Pump Maintenance Pet Adoptions: 691-5123 Animal Care Online Environment CLEAN Online CLEAN Business Program: 409-1975 Energy & Water Conservation: 409-3893 Storm Water Hotline: 397-6000 Environmental Services, Household Hazardous Waste, Recycling and Solid Waste: 691-5122 Community Graffiti Hotline_ 691-5198 Graffiti IN PROGRESS: 911 Park Reservations Online Service Requests: 397-6000 Service Requests Online Transit: 233-3004 Library Civic Branch: 691-5069 South Branch: 585-5755 Otay Ranch Branch: 397-5740 Library Online Recreation Administration: 409-5979 Recreation Online CV Woman's Club: 409-1980 Heritage Center: 421-7032 Loma Verde Center: 409-1939 Loma Verde Pool: 409-1987 Montevalle Center: 691-5269 Norman Park Center: 409-1930 Otay Center: 409-1999 Parkway Center: 409-1980 Parkway Pool: 409-1985 Parkway Gym: 409-1990 Salt Creek Center: 585-5739 Veterans Center: 691-5260 DEVELOPMENT Land Development: 691-5024 Building: 691-5272 Planning: 691-5101 Code Enforcement: 691-5280 Redevelopment & Housing: 691-5047 Development Services Online http://archive.constantcontact. com/fs 114/ 1110009660372/archive/ 1115415085411.html 11 / 13/2013 Lommumty Lonnection Page 3 of 5 Technician with 22 years of service to the City of Chula Vista, completed his dream on September 30 at the Imperial Beach Pier accompanied by his 24 year -old daughter. Thiltgen swam the 20 mile course in eight days, averaging three miles per day. A former lifeguard with the City, the 61 year -old has been an avid ocean swimmer for many years and has participated in a relay swim from Catalina Island to Long Beach (21 miles), and won the Oceanside Labor Day Pier Swim for his age group last year. Thiltgen also has coached swimming at the high school and club level for over 35 years. Congratulations Ken! DID YOU KNOW... ...the Chula Vista Police Department has a Neighborhood Watch page on Facebook! Don't forget to "Like" them. CLICK HERE. SeeClickFix ...if you spot some graffiti, or a traffic light out, or maybe a pothole, remember you can report it by using SeeClickFix! From your Smart Phone or the city's website (CLICK HERE) you can easily submit the problem to the City. Or you can always telephone issues to (619) 397-6000. ...to better serve you, City Hall counter hours have been extended to include Fridays from 9 a.m. to noon. You can now visit counters in Finance, Human Resources, Development Services or the City Clerk's office every weekday. ...after several community meetings, the final design of the Bus Rapid Transit (BRT) bridge has been selected. Residents voted overwhelmingly for the option of a bridge on pillars making a more open space under the bridge that is still accessible for walking, playing and socializing. ...our Conservation section continues to receive awards on the state and national level. The latest is three "Beacon Spotlight Awards" for the City's efforts to adopt policies and programs that promote sustainability from the Institute for Local Government and the Statewide Energy Efficiency Collaborative. We were recognized for reducing electricity use in municipal facilities by 15% and natural gas usage by 30% between 2005 and 2011. The City also successfully lowered greenhouse gas emissions in agency facilities by 13% and implemented over 60 sustainability initiatives at its own facilities and throughout the community. ...small businesses in Chula Vista can take advantage of SDG&E's no -cost Direct Install Program to help your business save energy and money. The program provides free services including energy assessments, equipment upgrades, and installation. A trained energy -efficient contractor will evaluate your energy use, identify energy -saving opportunities, and install energy -efficient equipment upgrades at no cost. Free upgrades can include: fluorescent lighting, refrigeration, occupancy sensors, and vending machine misers. Interested businesses should act now, because some free upgrades expire at the end of the year! Interested? EMAIL, CLICK HERE, or call 1-800-637-3753. Economic Development: 409-5870 Small Businesses: 691-5248 PUBLIC SAFETY Emergency: 911 Fire Main Line: 691-5055 Prevention Division: 691-5029 Prevention Online Police Report Crime/Dispatch: 691-5151 GOVERNMENT Mayor & Council: 691-5044 ADMINISTRATION City Attorney: 691-5037 City Clerk: 691-5041 City Manager: 691-5031 Communications Media Relations & Special Events: 691-5296 Finance Main Line: 691-5250 Purchasing: 691-5141 Business Licenses Online Human Resources Main Line: 691-5096 Job Hotline: 691-5095 Volunteering: 691-5000 http://archive.constantcontact.com/fs 114/1110009660372/archive/1115415085411.html 11/13/2013 community Lonnectton Page 4 of 5 ...Aquatics is requesting new swim suits in all sizes to help provide swim suits to young swimmers and water polo players. The donated suits are available to children and teens that demonstrate financial need, and are actively participating in a competitive aquatic program or registered for swim lessons with the City. Swim suits - for both boys and girls - can be dropped off at Parkway Aquatic Center, 384 Park Way. For more information, please call Ariell Folks at (619) 409-1985 or EMAIL. UPCOMING EVENTS Veterans Day Monday, November 11, is when America honors its veterans. The City of Chula Vista is no exception and recognizes these brave men and women in many ways. Although all City offices and facilities will be closed on November 11, Chula Vista recognizes our veterans through monuments, celebrations, and rememberances. Veterans Park, 785 East Palomar Street, includes a prominent "Walk of Honor" walkway paved with bricks inscribed with the names of veterans. Memorial Park, 373 Park Way, is the City's second oldest park dating back to 1937 and is the site of the City's Memorial Monument dedicated to armed forces dating back to World War II. The Chula Vista Public Library, 365 F Street, hosts a Veterans Wing which provides counseling space, updated veterans information and memorabilia, books and media materials. In addition, over 84 City streets in the communities of Sunbow, McMillin and Otay Ranch are named to honor veterans. Chula Vista is also home to the Veterans Home of California - Chula Vista, one of six dedicated Veterans Homes in California. The 400-bed long-term care facility provides care to veterans in three avenues: independent living, licensed residential, and skilled nursing care. The City of Chula Vista wishes to thank all veterans for their service. PAL Donation Drive Now through December 14, the Chula Vista Police Activities League (PAL) is collecting donations for needy families during the holidays. Donations of cash, toys, http://archive.constantcontact. com/fs 114/1110009660372/archive/1115415085411.htm1 11/13/2013 t.vlll in unity LonneCtlOn Page 5 of 5 gift cards and wrapping paper can be dropped off in the lobby of the Chula Vista Police Department. Especially needed are new, unwrapped toys for children ages 9 through 13, and gift cards for young teens ages 14-17. Some gift card suggestions include movie theaters, restaurants, Target, Walmart, etc. No bicycles or electronics are needed. Checks can be made payable to CVPAL, c/o Nicolle DePriest, CVPD, 315 Fourth Avenue, Chula Vista, CA 91910. Last year, CVPAL distributed gifts to over 1,200 needy children thanks to your generosity. Gobble, Gobble All City offices and facilities will be closed to allow employees to celebrate Thanksgiving on Thursday, November 28, and Friday, November 29. We will re -open normal hours on Monday, December 2. Trash pick up will be delayed one day for Thursday and Friday. Happy Thanksgiving! Holiday in the Village Save the date of Saturday, December 7, when TAVA presents the second annual Holiday in the Village. Third Avenue, from E to G Street will be transformed into a mecca of holiday merriment on December 7, from 12 to 5 p.m., offering up delights for all ages. This free pedestrian -friendly holiday event showcases the unique charm of the Village while providing activities, entertainment and shopping incentives to visitors. Fall Backward Remember to turn your clocks back one hour on Sunday morning (2 a.m.), November 3, when we leave Daylight Savings Time. Shop Chula Vista Now! With the holiday shopping season about to begin, don't forget to shop local and support Chula Vista businesses! Check out the discounts at your favorite stores. CLICK HERE. City of Chula Vista Office of Communications 1 www.chulavistaca.gov ConstrnrConmct' http://archive.constantcontact.com/fs 1 l 4/1110009660372/archive/ 1115415085411.html 11 / 13/2013 November 2013 FREE PAPER SHREDDING EVENT Jor t d!scard - shred your household doc meats in a cu c and easy r%av by b nn; ^ _ s3 s EDCO Station 8184 Commercial Street or. Saturday. Nov. 16.9 am • 1 pm m t two standard boxes per nouseirold • S:ar'es OK • Sn eading will be done ons to • N , pp nt kren; recessa'T�- H)s :.'ty e✓en: Is made puss':bte through the gent' Ls s,:Cno :' ^ACC Dlsrosa O. __: _ !`= cectaa to 667.1167. Pete Palermo Scholarship Program In April 1986 Thelma Palermo established the City of La Mesa Palermo Scholarship Fund in memory of her husband. Pietro "Pete" Palermo. Pete Palermo was a prominent focal businessman and beloved citizen of La Mesa who was very fond of children and recognized the importance of recreational opportunities in building confidence and self-esteem. Funding for youth scholarships are made possible from the interest earned on the fund's principal each quarter. The Pete Palermo Scholarship Fund awards scholarships on e first -come, frst served basis to La tvlesa resident families that meet guidelines provided by the U.S Department of Housing and Urban Development. Qualifying La Mesa families may apply for a credit of up to $60 for children age 17 years or younger toward recreation activities provided through the City. The La MvMese Community Services Department offers a wide variety of programs tor youth from Pre School Enrichment Classes, Dance, Gymnastics; Sports, and Swim Lessons to week-long Summer Day Camps. For more information contact La Mesa Community Services at 667.1300. Still Fresh After Twenty Years t _? .'es3:e !le"-t.(,-ref 'es cme '- - soorkedt-e arek m.tc e __._ La '.• �.... .. ..v,c Y'Eal", _ h • cc :.�',... ha,e a ea .c ary :ne t decade e _ L o h-de o atnr:tortes.' . a es as..on :s frc^ lcc s c- r e e you cs:ers p C h t r,y o'aC UnVeleo °r'es a 2 -or , e;,a i steer r._ es arc J"^ '-� _a l.-. 'a Ket Or_. t.On SIfC„ 22 1, The t hers. are La ':'Psa •or sJppc �'r, ^- a C' 0 Cr o e market . jea'-'o•n: -t enaeeb redeOeri :omplime er. 20t e s The C t,.. also use: the c casron res Fo.eo Day -the City sfirst collabora' e s e'- San Diegos live',Veil progr'am. Food Day strives to educate young children about nutrition and healthy f Dods Stu: -ts f local elementary schools .vent en a Food Day scavenger huni at the marker to letan- roods talk to farmersand to try ne,^y fruits and vegetables. Once they comp e'fet: ha s^a ,e car hurtthey received market bucks ghat they used to purchase form -herd fruits ar .-e•3bI, The La r•iesa Village Farmers Market operates at Civic Center every Friday rain or shine, from 2-6 p,m. and, as the banners sayit's still fresh after 20 years. Calendar of Events Every Friday Farmers Market 2:00-6:00pm November 8 & 22 City Hall Closed Fridays November 11 Veteran's Day City Hall Closed November 12 & 26 City Council Meetings November 16 Free Paper Shredding Event 9:00am-1:00pm November 28-29 Thanksgiving Holiday City Hall Closed LA MESA Below 100 The La Mesa Police Department is participating in a program called Below 100. This program's goal is to reduce the number of officer deaths in the line of duty. The last time Police Officer line -of -duty deaths were below 100 was in 1944. For the last 50 years, the average has been well over 150. In 2010 and 2011 there were 1 line -of -duty deaths. As of October 1, 2 3 there have been 80 police officers killed in e line -of -duty. Below 100 is an initiative to reduce police line -of -duty deaths to fewer than one hundred per year. The first complete year after the initiative began was last year. There was a 50 year low of in line -of -duty deaths with 120. The nationwide initiative is led by a team of core trainers. The La Mesa Police Department has three officers who are trainers. They are Sergeant Runge, Sergeant Stoney and Master Officer Higgins. The five key tenants of the Below 100 program are: • Wear your belt. • Wear your vest. • Watch your speed. • WIN — What's Important Now? • Remember: Complacency Kills! By concentrating on the areas of loss t e most susceptible to change (e.g u safety equipment and enhanced si onal awareness), Below 100 can serve as an instrument of cultural transformation and improved operational practices. Below 100 recognizes that awareness and training are key, and the La Mesa Police Department is concerned with ensuring a safe community for residents and officers alike. 8th Annual Historic Home Tour Saturday, November 2 • 10 am — 3 pm Each year. the La Mesa Historical Society. in co-sponsorship with the City of La Mesa Historic Preservation Commission, hosts a home tour of notable local historic propertties. This year's tour will feature three homes located on Lemon Avenue and one on E! Capitan Drive. In addition the Historical Society's own McKinney House Museum will be open for visitors_ The staging area will be at the parking of on Allison Avenue across from City Hall, It is a self -guided tour and the homes can be visited in any order. Old Town Trolley shuttle buses are available as there is limited parking at the sites. Flat e walking shoes are lc recommended! Ticketskets are S20 ---»M. and may be MCI nuUousr 1F.' - purchased the day of the event. n Avenue A 91942 CONSTRUCTION ACTIVITY UPDATE Glen Street Sidewalks 3'de;�dafks will be ins alle° oil ;he E: si sae of Glen Stiieet from Alpine til i e��Cn Avenue Elemerltuy Sitn!acii. Tite street ',v II be resurfaced ,. o:ving sidevralt coostrr�; tion Harbinson Avenue Traffic Calming: o'rali concrete medians and trattici circles are ristiaded .;arbiasjn inivenue for t"dftic ?i;1?g S�rriCi' Triidosikor University & Massachusetts Traffic Signal Improvements na ..iiitIEttSOCtcr 3_inf;, e Deing upgraiaeo _.. is ,_. ADA arc cionlniele ;' ee's niciiiicios. A left r, d ire tV S: .'Seen, 1. Northmont Park Improvements. . , •- S"37_ �d� e J Pa a 3 R Northmont Playground Improvements 619.463.6611 cityoflamesa.com © 2013 City of La Mesa • KEEPS YOU CONNECTED August/September 2013 CARLSBAD Currents Leo Carrillo Ranch celebrates 10 years as a city park Discover the history and tranquil beauty of a former working rancho at the city's Leo Carrillo Ranch Historic Park, which is celebrating 10 years as a city park in August. Read about this unique local treasure, including free tours, nearby trails and upcoming events. IN THIS ISSUE New RV rules Park anniversary Fun things to do Free mediation service CITY OF CARLSBAD New rules for RVs, other oversized vehicles New rules for parking RVs and other oversized vehicles are now in effect in the City of Carlsbad. The ordinance restricts parking of all oversized vehicles, including RVs, on city streets between the hours of 2 to 5 a.m. The ordinance allows residents, their guests, and hotel or motel guests with RVs to apply for a free permit, which can be obtained from the City of Carlsbad Finance Department, located in the lobby of the Faraday Center at 1635 Faraday Ave. For more information visit www.carlsbadca.gov/transportation or call 760-602-2420. Celebrating 10 Years of Leo Carrillo Ranch Historic Park Discover the history and tranquil beauty of a former working rancho at the city's Leo Carrillo Ranch Historic Park, which is celebrating 10 years as a city park. Once owned by actor and conservationist Leo Carrillo, the ranch is secluded in the heart of a magnificently landscaped 27-acre canyon. The historic park features hand-crafted adobe buildings, antique windmills, a reflecting pool and many other beautiful historic structures where visitors can explore and experience California history. Nature -lovers delight in gorgeous agave, bougainvillea, birds of paradise, plentiful trees and the company of dozens of brilliant peacocks who call the ranch home. Leo Carrillo Ranch is a designated Historic National Landmark that was opened to the public by the City of Carlsbad in 2003. Free tours! Saturdays, 11 a.m. and 1 p.m. Sundays, noon and 2 p.m. Enjoy a 90-minute, docent -led tour of this historic park. Wear comfortable walking shoes or boots. Tours depart from the parking lot. Reservations are not required. Leo Carrillo Ranch Historic Park is located at 6200 Flying Leo Carrillo Lane, off Melrose in southeast Carlsbad. The park is open Tuesday through Saturday, 9 a.m. to 5 p.m., and Sunday, 11 a.m. to 5 p.m. Admission is free. Find out more about Leo Carrillo Ranch Historic Park at www.carlsbadca.gov/ parksandrec • Carrillo Way City maintains • balanced budget On July 1, the City of Carlsbad started a new fiscal year with a $259.4 million budget that invests in the key city services most important to the community, while putting money away to safeguard Carlsbad's long term financial health. The city budget focuses on priorities set by the City Council, such as strengthening the local economy, improving traffic flow, meeting changing parks and recreation needs, and updating land use policies to preserve the city's excellent quality of life. Continuing to streamline city operations, finding efficiencies and investing in technology and other innovation will enable the city to meet these goals in the most cost effective manner for taxpayers. To view the city budget, visit www.carlsbadca.gov/finance Free neighborhood mediation service Having a problem with a neighbor? The City of Carlsbad provides a free mediation program for residents. Mediation is a confidential meeting between people who have a disagreement. A trained, neutral mediator guides a discussion of issues toward a mutually acceptable agreement. Call 760-434-2868 for more information. The City of Carlsbad provides a free mediation program for residents. CITY OF �`' CARLSBAD un things to do Family Open Studios Plus Sept. 7, 11 a.m. — 2 p.m., Free William D. Cannon Art Gallery, Carlsbad City Library (Dove Lane) courtyard, 760-602-2021 Join the Art Miles Mural Project in creating a large canvas mural all about dogs. Tour the exhibition, "Elliott Erwitt: Dog Dogs," featuring 65 terrific photographs of dogs conveying tons of personality. Performances will take place in the Schulman Auditorium at 11:45 a.m. and at 1:15 p.m. Performers to be announced. Family Movie Night Sept. 14, 6 — 10 p.m., Free Stagecoach Community Park, 760-434-2843 This family fun event presents Madagascar 3 under the stars on a giant movie screen. Food, beverages and a $5 Fun Zone wristband (for fun and exciting preshow activities) are available for purchase. Author Talk Sept. 21, 11 a.m. — noon, Free Carlsbad City Library (Dove Lane), 760-602-2026 Acclaimed writer Jane Vandenburgh, author of the Random House book "Wrong Dog Dream," will discuss and sign copies of her memoir about the healing powers of dogs. This talk complements the Cannon Art Gallery exhibition "Elliott Erwitt: Dog Dogs," featuring photographs of man's best friend (Aug. 4 — Nov. 3). National Public Lands Day Sept. 28, 8:30 — 11:30 a.m., Free Lake Calavera Preserve, 760-434-2978 Celebrate National Public Lands Day. Lend a hand for America's lands by participating at a trail volunteer work event or other trail activities at one of Carlsbad's largest open space preserves. ArtSplash Sept. 28, 10 a.m. — 6 p.m., Sept. 29, 10 a.m. — 5 p.m., Free Armada Drive between Cannon and Palomar Airport roads www.carlsbadartsplash.org • This free, family -oriented festival is a community celebration for arts education featuring unbelievable chalk art street paintings, dozens of talented artists from Southern California creating, showcasing, and selling their art, musicians, meandering performers and food, all overlooking a spectacular view of the Pacific Ocean. Library Concert Series Oct. 6, 2 — 3 p.m., Free Carlsbad City Library (Dove Lane), 760-602-2026 Enjoy the sounds of The Scarlet Furies, a folk/Americana/ country rock band, featuring the beautifully haunting vocals of singer and songwriter Raleigh Holmes. For a complete, searchable calendar of events, visit www.carlsbadca.gov. e-News Sign-up 1 agc 1 V1 1 (Select Language v Powered by Gor,gle Translate eNews Sign-up E-Notifier Signup I Change E-Notifier Preferences E-mail Address: Event Calendar ] Civil Service Commission ] Council Agendas & Minutes ] Library Events J Neighborhood Councils 1 Oversight Board 1 Planning Commission ] Senior Citizens Advisory Board - News----..._.----- ; C.A.R.E. Newsletter ❑ Send Text Only El Subscribe to All Subscribe ❑ Community & Police Relations Commission ❑ General Nan Update ❑ National City Week IJ Other ❑ Park & Rec Advisory Board ❑ Public Art Committee ❑ Traffic Safety Committee ❑ FOCUS Newsletter http://www.nationalcityca.gov/index.aspx?page=83 11/14/2013 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 2(7 ITEM TITLE: Information Technology Update PREPARED BY: Ron Williams DEPARTMENT: AS PHONE: 619-336-4373 APPROVED BY:JNP,� EXPLANATION: Presentation with Minh Duong and Dave Espritu to provide Information Technology update to city council FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: N/A BOARD 1 COMMISSION RECOMMENDATION: N/A ' TTACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2013 AGENDA ITEM NO. 28 ITEM TITLE: Staff Report: Fiscal Year 2013 4th Quarter Budget Review. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT:( FFii�na e PHONE: 619-336-4265 APPROVED BY: -(!(�4 EXPLANATION: Please refer to attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED:�. L 7,4 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the staff report as presented. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Staff Report City Council Staff Report November 19, 2013 ITEM Staff Report: Fiscal Year 2013 4h Quarter Budget Review BACKGROUND This report presents the fourth quarter budget report for Fiscal Year 2013 and a preview of the first quarter status for Fiscal Year 2014. Consistent with the Strategic Plan element of providing consistent financial reports, previous reports were delivered to City Council on October 16, 2012 and February 19, 2013, and on April 9, 2013, as part of the first Fiscal Year 2014 Budget and Strategic Planning presentation. DISCUSSION Fiscal Year -End 2013 One of the major activities following the end of the fiscal year has been the closing of the books in preparation for the annual audit of the City's financial records and completion of the Comprehensive Annual Financial Report ("CAFR"). This work includes such activities as processing final invoices for services and products provided by outside vendors prior to fiscal year-end; ensuring all revenues and expenditures have been appropriately accounted for; and comparing bank and investment account statements with general ledger balances, reconciling discrepancies, and posting adjusting (journal) entries as necessary. The City's General Fund reserves continue to grow, with estimated total fund balances increasing approximately $5.1 million to nearly $23.0 million from June 30, 2012 to June 30, 2013. Revenues plus transfers in during the year totalled just under $42.0 million, while expenditures and transfers out combined were approximately $36.9 million. (Totals are unaudited.) Revenues Actual revenues were less than the budgeted total by $513,000. However, the apparent shortfall includes a $2.7 million transfer from the Successor Agency to the General Fund to carry out the obligations of Recognized Obligation Payment Schedule ("ROPS") III. These funds were added to the budget total and recorded as deferred revenue which will be realized (as revenue) as expenses are incurred. Setting aside the $2.7 million, there is a positive variance of $2.2 million in all other accounts combined. Page 2 Staff Report — Fiscal Year 2013 4th Quarter Budget Review November 19, 2013 Fiscal Year -End Revenue Totals Revenue Source Adjusted Budget Actual (Estimated) Variance Sales Tax $ 10,567,101 $ 11,110,289 $ 543,188 Proposition D Tax 9,410,000 9,089,242 (320,758) Property Tax 1,537,243 2,088,940 551,697 Property Tax in Lieu of VLF 4,931,260 5,121,839 190,579 Property Tax in Lieu of Sales Tax 3,522,366 3,415,323 (107,043) Other Revenue 12,176,275' 10,805,713 (1,370,562) Total $ 42,144,245 $ 41,631,346 $ (512,898) Total includes $2.7 million in revenues from the Successor Agency to carry out the ob igations of Recognized Obligation Payment Schedule "ROPS") 111. In addition to higher sales tax revenues resulting from growth in retail sales, property taxes for Fiscal Year 2013 have increased in conjunction with a 3.86% increase in assessed valuations, instead of remaining flat, as was assumed in the budget. Property tax revenues were boosted by an unanticipated distribution of property tax revenues of $254,950 in January 2013, following the State's review of the Successor Agency's obligations for the January through June, 2013 period, which deemed a portion of the property tax balances in the Successor Agency's account to be residual. The $190,579 increase in Property Tax in Lieu of Vehicle License Fee ("VLF") revenues is tied directly to the change in assessed value. Proposition D (or "District") Taxes fell short of the budgeted estimate with the subsiding of out -of -district durable goods purchases. The City's Property Tax in Lieu of Sales Tax distribution, which is determined by the State Department of Finance, was lower than the estimate provided by the City's sales tax consultant during preparation of the budget. Finally, the negative variance in "Other Revenue" results from the aforementioned budgeted but unrealized $2.7 million revenue from the Successor Agency. Expenditures As of June 30, 2013, General Fund expenses totaled $35.4 million, nearly $6.1 million less than the $41.5 million budgeted. Of this variance, $3.4 million is due to cost savings, with the remaining $2.7 million attributable to expenses budgeted but not spent in relation to the ROPS III obligations to be carried out under the General Fund. Fiscal Year -End Expenditure Totals Expenditure Type Adjusted2Budget Actual (Estimated) Variance Personnel Services $ 25,787,278 $ 24,767,024 $ 1,020,254 Maintenance & Operations 4,214,505 2,960,980 1,253,526 Other Expenditures 11,480,518 7,677,203 3,803,315 Total $ 41,482,301 $ 35,405,207 $ 6,077,094 adopted budget total, plus budget amendments, encumbrances, & capital projects appropriations carried forward from previous fiscal ycar(s) Page 3 Staff Report — Fiscal Year 2013 4th Quarter Budget Review November 19, 2013 Personnel costs ended the year $1.0 million below budget, primarily due to vacant authorized positions. Maintenance & Operations savings occurred in various accounts, the most significant of which were in Professional Services, Contract Services, and Training, Travel and Subsistence. The variance in "Other Expenditures" results from budgeted but unspent appropriations for capital projects, including the $2.7 million for ROPS III projects. The unspent amounts for these projects will be carried forward to Fiscal Year 2014. Transfers In/Out While, technically, not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. Transfers out from the General Fund were less than budgeted by more than $543,500, representing a savings to the General Fund. The savings resulted from an increase in the property tax revenues allocated to the Library and Parks Maintenance funds, as well as lower than anticipated expenses in both, reducing the operating support necessary. Transfers in were $223,000 higher than planned, due to the closing of several inactive funds into the General Fund. Net Impact on Fund Balance Combining the above revenue and expenditure projections with expected transfers in and out results in an anticipated fund balance gain of $5,063,772, as compared to the budgeted usage of $1,267,075. Fund Balance Change — Budget vs Actual (Estimated Actual (Estimated) Adjusted Budget Variance Revenues $ 41,631,346 $ 42,144,245 $ (512,898) Transfers In 343,727 120,612 223,115 Total Revenues & Transfers In $ 41,975,073 $ 42,264,857 $ (289,783) Expenditures $(35,405,207) $(41,482,301) $ 6,077,094 Transfers Out (1,506,094) (2,049,631) 543,537 Total Expenditures & Transfers Out $(36,911,301) $(43,531,932) $ 6,620,631 Fund Balance Retained/(Used) $ 5,063,772 $ (1,267,075) Beginning Fund Balance $ 17,916,938 $ 17,916,938 Ending Fund Balance $ 22,980,710 $ 16,649,863 Page 4 Staff Report — Fiscal Year 2013 4th Quarter Budget Review November 19, 2013 lst Quarter Fiscal Year 2014 The tables below compare fiscal -year-to-date totals of the City's major revenue sources and expenditure categories through September 30 for the current and prior fiscal years. Revenues 1st Quarter Revenue Comparison Revenue Source FY 13 FY 14 Sales Tax $ 1,107,159 $ 1,056,042 Proposition D Tax 764,187 869,303 Property Tax 40,223 60,149 Property Tax in Lieu of VLF - - Property Tax in Lieu of Sales Tax - - Other Revenue 1,348,366 1,757,052 Total $ 3,259,935 $ 3,742,547 Full analysis of revenues has not yet been performed for the first quarter; however, some facts are known. The largest portions of Property Tax revenues are typically received in December and April, corresponding to tax due dates; therefore, it is normal for this revenue total to be low at this point in the fiscal year, as evidenced by the Fiscal Year 2013 total. Additionally, having received information from the County and State regarding Fiscal Year 2014 distributions of Property Tax in Lieu of VLF and Property Tax in Lieu of Sales Tax, staff can report these revenues will be $5,364,774 and $4,006,058, respectively. Combined, these revenues will exceed their budgeted total by more than $92,000. These revenues are typically received in close proximity to the Property Tax distributions (i.e., April/May and December/January). Expenditures 1st Quarter Expenditure Comparison Expenditure Type FY 13 FY 143 Personnel Services $ 5,503,704 $ 5,855,845 Maintenance & Operations 550,587 494,430 Other Expenditures 1,943,207 1,552,198 Total $ 7,997,498 $ 7,902,473 Totals do not yet include all encumbrances & capital projects appropriations carried forward from previous fiscal year(s). As with revenues, staff has not yet fully analyzed expenditures; however, it appears apparent personnel cost savings are again likely in Fiscal Year 2014. Staff will perform additional analysis of both revenues and expenditures and return with more detailed information in the Mid -Year Budget Report. Page 5 Staff Report — Fiscal Year 2013 4a' Quarter Budget Review November 19, 2013 CONCLUSION As discussed above, after adjusting for the $2.7 million dollar transfer from the Successor Agency the revenue totals for Fiscal Year 2013 were strong and significant cost savings were realized during the year, so although City Council had authorized a small use of reserve funds to balance the budget, reserves (i.e., fund balances), instead, grew significantly. Following the similarly strong results of Fiscal Year 2012, the City has been able to attain its minimum 25% Contingency Reserve (unassigned fund balance) goal with a balance of 25.34% as of June 30, 2013. Additionally, in accordance with the recommendation of the City's auditors, staff is in the process of closing several funds into the General Fund. This consolidation of funds is estimated to provide a possible net benefit of $1 million to the General Fund's fund balance. Other factors likely to affect fund balance in the future include the following: • Actuarial adjustments by the California Public Retirement System (Ca1PERS) are estimated to require increases in the City's employer contribution to employee pension funds into the foreseeable future. For Fiscal Year 2014, the City's contribution has increased over Fiscal Year 2013's by 1.663% of payroll to 22.9% for miscellaneous employees and by 1.793% to 39.8% for public safety employees. Contribution rates currently are estimated to reach 33% and 52% for miscellaneous employees and public safety employees, respectively, in Fiscal Year 2020. • By Council Policy, the City maintains a series of reserves. Staff is reviewing current reserve levels and the policies governing them, as well as the inventory of deferred maintenance and deferred equipment replacement, which may result in recommendations in these areas. • The Proposition D, District Sales Tax is set to expire in September 2016. As demonstrated by the revenue figures reflected in this report, the District Sales Tax continues to be vital in allowing the City to meet its financial obligations. As has been the case since the year of its inception, absent this tax, the City would not have met its obligations in Fiscal Year 2013 and would not do so in Fiscal Year 2014. That trend is expected to continue. As such, it is imperative to reserve any surplus in preparation for 2016. • Beginning this Fiscal Year 2014, the City must appropriate funds for costs associated with updating its stormwater programs in compliance with National Pollutant Discharge Elimination System ("NPDES") permit program compliance. This year's budget includes $100,000 for expenses related to updating the City's Jurisdictional Urban Runoff Management Plan ("JURMP"), Standard Urban Stormwater Mitigation Plan ("SUSMP"), Best Management Practices (BMPs) manual, and relevant ordinances, as well as costs for monitoring and for Watershed Plan Development. Other new or increased expenses are anticipated in relation to standard program costs (e.g., residential area inspection program implementation, education and enforcement of the stricter standards, etc.) but should be Page 6 Staff Report — Fiscal Year 2013 4th Quarter Budget Review November 19, 2013 offset — at least in the initial years of the program — due to decreased costs resulting from performing fewer industrial, commercial, and municipal inspections and less detailed annual reporting requirements. RECOMMENDATIONS Accept this staff report. ITEM # 29 11-19-13 FY 2014-15 CDBG/HOME NOTICE OF FUNDING AVAILABILITY UPDATE (HOUSING & GRANTS)