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2003-04 Position Title Change ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS CALIFORNIA, AMENDING CHAPTERS 2.28, 2.60, 2.64, 6.60, 7.08, 15.04 AND 23.98 OF THE MUNICIPAL CODE RELATING TO THE CHANGING OF VARIOUS POSITION TITLES AND TO THE ELIMINATION OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND THE CREATION OF A DEPARTMENT OF FINANCE The City Council does ordain as follows: SECTION 1: Chapter 2.28 of the Municipal Code shall be amended as follows: CHAPTER 2.28 HEADS OF DEPARTMENT AND OFFICERS 2.28.010 Heads of Department. The following Heads of Department positions are established; each of which shall have the duties, responsibilities and authority necessar~ for the performance of the position, to include, without limitation, the authority to appoint and promote and for cause remove or demote any employee who works for such department head: (Ord. 99- 08). ,4. Assistant City Manager (Deleted) {g A. Administrative Services (Deleted) Director of Finance~City Treasurer ~ B. Community Services (Deleted) Director of Parks and Recreation t~ C. Public Works (Deleted) Director of Public Works D. Director of Engineering Services/City Engineer E. Fire Chief ~ F. Community Development (Deleted) Director of Planning and Building tz G. City Clerk/Director of Legislative Services (Ord. 99-08). 2.28.020 Appointment/Removal of Department Heads. A. The City Manager is authorized to appoint, remove, promote and demote all Heads of Department. B. All Heads of Department serve at the pleasure of the City Manager. 2.28.030 Compensation of Department Headg. The salaries, compensation, and benefits of Heads of Department shall be fixed and determined by resolution of the City Council. 2.28.040 Duty to Cooperate. It shall be the duty of all Heads of Department to cooperate with and assist the City Manager in administering the affairs of the City in an efficient, economic, and harmonious manner, so far as may be consistent with their duties as prescribed by law. 2.28.050 Assistant City Manager. (Entire Section deleted). 2.28.050 Director of(Administrative Services-Deleted) Finance ICiw Treasurer. The Director of Administrative Services-(Deleted) Finance/City Treasurer shall be appointed by the City Manager and serve under general direction of the City Manager. In addition to other and further duties or functions as the City Manager may from time to time prescribe, the duties, responsibilities, and authority of the Director of Administrative Services-(Deleted) Finance/City Treasurer shall be to: A. Perform the functions specified in this Code. B. Plan, organize, and direct, under general administrative direction, the programs and personnel of the Administrative Services-(Deleted) Finance Department, including but not limited to Finance, Personnel, Purchasing, Risk Management, and Data Processing.(Deleted) C. Be responsible for the administration of contracts for services obtained from other public agencies, private contractors, and consultants relating to the Administrative Services (Deleted)-Finance Department. D. Act as chief accounting officer for the City and assume the duties of City Treasurer. The financial and accounting duties imposed upon the City Clerk by the Government Code are hereby transferred to the Director of Administrative Services (Deleted) Finance. E. Act as Director of Administrative Services (Deleted) Finance/City Treasurer for the San Dieguito Water District, and the Cardiff Sanitation District. (Ord. 96-18) (Deleted) F. Furnish a corporate bond in the amount of $100,000 for the faithful performance of the duties imposed on the Director of Administrative Services (Deleted) Finance. The premium of such bond shall be a proper charge against the City. G. Administer laws and ordinances pertaining to taxes, licenses, and permits as directed. H. Cause current accounts to be kept of all funds, revenues, receipts, expenditures, and financial commitments of the City. I. Maintain a system of budgetary accounting for the recording of actual and estimated revenues and expenditures in such a manner as to show the financial position of each fund and department of the City at all times. J. Collect, receive, and deposit all moneys of the City and keep proper records thereof. K. Assist the City Manager in the preparation of the annual budget and certify to the accuracy of anticipated revenues to meet the proposed budget. L. Serve as the custodian of the City's permanent accounting records. M. Administer CiW personnel rules and regulations.(Deleted) N M. Render advice and consultation to the City Manager and City Council in assigned program areas. O N. Perform work as required. 2.28.070 (Deleted) 2.28.060 Director of Community Services (Deleted) Parks and Recreation. The Director of Community Services (Deleted) Parks and Recreation shall be appointed by the City Manager and serve under general direction of the City Manager. In addition to other and further duties or functions as the City Manager may from time to time prescribe, the duties, responsibilities, and authority of the Director of Community Services (Deleted) Parks and Recreation shall be to: A. Perform those functions specified in this Code. B. Plan, organize, and direct, under general administrative direction, the programs and personnel of the Community Services (Deleted) Parks and Recreation Department. C. Administer contracts for services obtained from other public agencies and private contractors and consultants. D. Render advice and consultation to the City Manager and City Council in assigned program areas of recreational services, cable television, animal control, and park and beach acquisition, development, and maintenance. E. Perform related work as required. 2.28.080 (Deleted) 2.28.070 Director of Public Works. The Director of Public Works shall be appointed by the City Manager and serve under general direction of the City Manager. In addition to other and further duties or functions as the City Manager may from time to time prescribe, the duties of the Director of Public Works shall be to: A. Perform those functions specified in this Code. B. Plan, organize, and direct, under general administrative direction, the programs and personnel of the Public Works Department. C. Administer contracts for services obtained from other public agencies, private contractors and consultants. D. Ensure the maintenance and repair of all streets, alleys, sidewalks, curbs, gutters, storm drains, street lights, and traffic control devices owned by the City of Encinitas. E. Render advice and consultation to the City Manager and City Council in assigned program areas. F. Maintain contacts with professional organizations of Public Works Directors. G. Serve as District Engineer for the Cardiff Sanitation District, and the San Dieguito Water District. (Ord. 96-18). (Deleted) H G. Perform related work as required. H. Serve as Director of Operations for the San Dieguito Water District 2.28.081(Deleted) 2.28.080 Director of Engineering Services/City Engineer. The Director of Engineering Services/City Engineer shall be appointed by and serve under the general direction of the Director of Public Works (Deleted) City Manager. In addition to other duties or functions as the City Manager may from time to time prescribe, The the Director of Engineering Services/City Engineer shall b_ge: A. Perform those functions specified in this code and Responsible for performing those functions specified (Deleted) by State law. this Code and the Director of Public Works; and (Deleted) B. Be a registered civil engineer as defined by the Califomia Professional Engineers Act. C. Plan, organize and direct, under general administrative direction, the programs of the Engineering Department including but not limited to traffic/transportation engineering, development review/subdivision engineering, field operations and construction services, water engineering, and wastewater/sewer engineering. D. Administer contracts for services obtained from other public agencies, private contractors, and consultants. E. Render advice and consultation to the City Manager and the City Council in assigned areas. Maintain contacts with professional engineering organizations. G. Serve as District Engineer for the San Dieguito Water District. H. Perform related work as required. 2.28.085 Fire Chief. The Fire Chief shall be appointed by the City Manager and serve under the general direction of the City Manager. ]n addition to other and further duties or functions as the City Manager may from time to time prescribe, the duties of the Fire Chief shall be: A. Perform those functions specified in this Code. B. Plan, organize, and direct, under general administrative direction, the programs of the Fire Department including but not limited to F~re Prevention, Fire Suppression, Investigation and Inspection, Emergency Medical Services, and Public Education. Administer contracts for services obtained from other public agencies, private contractors, and consultants relating to the Fire Department. D. Render advice and consultation to the City Manager and City Council in assigned areas. E. Maintain contacts with professional organizations of Fire Chiefs. F. Perform related work as required 2.28.090 Director of Community Development (Deleted) Planning and Building. The Director of Community Development (Deleted) Planning and Building shall be appointed by the City Manager and serve under general direction of the City Manager. In addition to other and further duties or functions as the City Manager may from time to time prescribe, the duties of the Director of Community Development (Deleted) Planning and Building shall be to: A. Perform those functions specified by State law and this Code. B. Plan, organize, and direct, under general administrative direction, the programs and personnel of the Planning and Building Community Development (Deleted) Department, to include Advanced Planning, Current Planning, and (Deleted) Code Enforcement, and Building Permits and Inspections. C. Administer contracts for services obtained from other public agencies and private contractors and consultants. D. Render advice and consultation to the City Manager and City Council in assigned program areas. E. Perform related work as required. F. The Director or his designee shall make a fmal determination as authorized by the Code for the following applications: (Ord. 94-06) 1. Coastal Development permits pursuant to Chapter 30.80 of this code. 2. Minor Use Permits 3. Minor Variances 4. Tentative Parcel maps 5. Waivers of Municipal Code Section 30.16.010 B-10 6. Administrative Design Review 7. Lot Line Adjustments 8. Certificates of Compliance 9. Extension requests 10. Other applications and duties as required by this Code. G. Procedure. Public Notification shall be provided as specified for each application type in Section 2.28.090F. For Coastal Development Permits, public notice procedures shall conform to the requirements in Chapter 30.80, "Coastal Development Permit", in addition to the requirements of this Section. Standard procedure shall consist of adminis'a'ative review and written determination. The Director may elect to conduct a Public Hearing in order to gather information and/or resolve conflicts. Projects with significant issues or controversy shall be referred to the Planning Commission with a recommendation from the Director. H. *Appeal of Director Decision. All decisions of the Director shall be posted at City hall and shall become final fifteen days thereafter unless a timely appeal is filed to the City Council in accordance with provisions of this Code. (*See Chapter 1.12.010 through 1.12.060). 2.28.095 City Clerk/Director of Legislative Services The City Clerk/Director of Legislative Services shall be appointed by and serve under general direction of the City Manager. In addition to other and further duties or functions as the City Manager may from time to time prescribe, the duties, responsibilities and authority of the City Clerk/Director of Legislative Services shall be (Ord. 99-08): A. Perform duties of the office as defined by California Statutes and the Municipal Code, and undertake all responsibilities associated with this function. Remain abreast of legislation which would affect City Clerk/Director of Legislative Services activities. B. Direct, administer and coordinate the operation and activities of the City Clerk/Director nf Legislative Services Department. Establish policies, standards and procedures to ensure the efficient administration of the department. Prepare an annual budget for the department. C. Perform Council related coordination and Council clerical and secretarial support services. Prepare official correspondence and reports. Prepare certain non-technical resolutions, ordinances, proclamations and commendations. (Ord. 99-08). D. Prepare Council agendas and packets. Attend all City Council meetings and keep minutes record of the action, indexing the same. Upon request, advise City Council regarding parliamentary procedures. E. Act as City's Records Manager and administer the Records Management Program of the City. Maintain public records and official files. Perform research through City records. Respond to requests for production of records. F. Serve as the City's Election Official and provide for the conduct of municipal elections. Act as the filing officer for all Fair Political Practices Commission reports. Monitor the City's Conflict of Interest Code and filings. G. Act as keeper of the City Seal. Certify and attest 1o official documents. In accordance with Government Code Section 40814, administer oaths. H. Maintain the Municipal Code, and distribute revised pages. Publish/post legal and official notices. I. Respond to questions from the public by phone and in person. J. Accept service on behalf of the City. K. Receive and open bids for various departments. L. Maintain contacts with professional organizations of City Clerks. M. Serve as Board Secretary for the Cardiff Sanitation District, (Deleted) San Dieguito Water District, and the Encinitas Housing Authority. (Ord. 96-18). N. The City Clerk/Director of Legislative Services shall fumish a corporate surety bond in the amount of $100,000 for the faithful performance of duties imposed. The premium for such bond shall be a proper charge against the City. 2.28.100 Officers. The following office is established which shall have the duties, responsibilities and authority necessary for the performance of the position in accordance with the Municipal Code and other applicable law: (Ord. 99-08). City Attorney 2.28.110 Appointment/Removal of Officers. A. The City Council is authorized to appoint, remove, promote and demote all Officers. B. All Officers serve at the pleasure of the City Council. 2.28.120 Compensation of Officers. The salaries, compensation, and benefits of Officers shall be fixed and determined by resolution of the City Council. 2.28.130 Duty to Cooperate. It shall be the duty of all Officers to cooperate with and assist the City Manager in administering the affairs of the City in an efficient, economic, and harmonious manner, so far as may be consistent with their duties as prescribed by law. 2.28.150 City Attorney. A. The City Council shall appoint a City Attorney and may appoint an Assistant City Attorney on such terms and conditions as the City Council deems appropriate. B. The City Attorney and the Assistant City Attorney shall be members of the State Bar of California. C. The City Attomey and any appointed Assistant City Attomey shall perform those duties directed by the City Council to include working with other attorneys designated as special counsel for the City on particular matters. SECTION 2: Chapter 2.60 of the Municipal Code shall be amended as follows: Chapter 2.60 UNCLAIMED PROPERTY 2.60.010 Purpose. It is the purpose of this Chapter to provide procedures for the care, retention and disposition of unclaimed property in the possession of the City. (CC § 2080.6) (Ord. 89-44) 2.60.020 Definitions A. "Unclaimed property" includes personal property unattended to, lost or abandoned by its owner and taken into possession by City personnel in the course of the performance of their duties. B."Unclaimed property" includes personal property tumed in to the City by a person who has found the personal property. C. "Unclaimed property" does not include animals which shall be tumed over to the Animal Control authorities of the City. D. "Unclaimed property" does not include evidence or contraband taken into possession by the law enforcement officials of the City. E. "Unclaimed property" does not include property worth less than $10.00 which may be disposed of forthwith. (CC § 2080.1 (a)) F. "Unclaimed property" does not include property that has been intentionally abandoned by its owner which may be disposed of forthwith. (CC § 2080.7) G. "Unclaimed property" does not include vehicles abandoned on public property. 2.60.030 Care and Storage. Unclaimed property taken into possession by the City shall be delivered to the City Manager or his/her designee which shall administer its care, retention and disposition 2.60.040 Retention. A. Except as otherwise provided, unclaimed property shall be retained for a period of 90 days and then disposed of in accordance with the provisions of this Chapter (CC § 2080.6) B. Unclaimed property is not subject to the 90-day retention period and may be disposed of forthwith in accordance with the provisions of this Chapter: when the unclaimed property is in danger of perishing or of losing the greater part of its value; when the lawful storage charges for the unclaimed property amount to two-thirds of the value of the unclaimed property; or when the owner of the unclaimed property has been identified and thereafter refuses to take possession of the property or to pay the storage charges thereon. (CC § 2080.5) 2.60.050 Disposition of Unclaimed Property A. Restoration to Owner 1. If the owner of the unclaimed property is known to, or becomes known to, the City, the City shall inform the owner that the unclaimed property has been taken into possession. (CC { 2080) 2. If, prior to the disposition of the unclaimed property, the owner of the property appears and proves ownership, the City shall restore the property to him upon the reimbursement by the owner of the costs incurred by the City. (CC § 2080.2) B. Transfer to Finder. At least five days after the publication of notice of the disposition auction and prior to the conduct of such auction, the finder of the unclaimed property, other than a City employee, may claim possession of the unclaimed property. Upon the payment of a charge to reimburse the City for all of the costs incurred, the City shall transfer possession of the unclaimed property to the finder. (CC § 2080.3) C. Use by City. After the required retention period, if the City Manager orris or her designee Director of Administrative Services (Deleted) determines that the unclaimed property is needed for public use by the City, the City Manager or his/her designee shall retain the unclaimed property for use by the City. D. Quick Sale. When unclaimed property is not subject to the 90-day retention period, the City Manager or his/her designee may sell such property by public auction in the same manner as in the sale of personal property under execution. (CC § 2080.5) E. Auction. After the required retention period, the City Manager or his/her designee shall cause to be published once in a newspaper of general circulation within San Diego County a notice of auction at least five days prior to the time fixed for the auction. Unclaimed property shall be sold to the highest bidder and the proceeds shall be deposited into the City's general funds. The unclaimed property may be transferred to the County of San Diego to conduct the auction in accordance with the provisions of the Civil Code (~ 2080.6(a)) F. Destruction. Unclaimed property which is not sold at auction or otherwise disposed of in accordance with this Chapter, shall be destroyed. 2.60.060 City Personnel Prohibited No City officer, employee, or appointed person including officers, employees, working under contract to the City, shall purchase unclaimed property sold in accordance with this Chapter. SECTION 3: Chapter 2.64 of the Municipal Code shall be amended as follows: Chapter 2.64 SURPLUS SUPPLIES, EQUIPMENT AND OTHER PERSONAL PROPERTY 2.64.010 Purpose. It is the purpose of this Chapter to provide procedures for identifying, redistributing and disposing of surplus City property, other than real property. (Ord 89-44) 2.64.020 Identification of Unneeded Property. Each City Department shall submit periodic reports to the Director of Administrative Services (Deleted) Finance indicating supplies, equipment or other personal property which the Department no longer needs. 2.64.030 Redistribution of Unneeded Property. The Director of Administrative Services (Deleted) Finance shall determine whether supplies, equipment or other personal property identified by a City Department as being unneeded can be used by some other City Department. 2.64.040 Identification of Surplus Property. A. Periodically, the Director of Administrative Services (Deleted) Finance shall submit a report to the City Manager indicating supplies, equipment and personal property that are no longer needed by the City together with a written estimate of the market value thereof. B. The City Manager shall review the report and declare as surplus property that is no longer needed by the City. 2.64.050 Disposal of Surplus Property. A. Surplus property may be used to exchange for or trade in to obtain new supplies, equipment or personal property. B. If surplus property is worth ]ess than $1,000, the City Manager is authorized to sell the properly at its fair market value, without advertising or otherwise soliciting bids. C. If surplus property is worth $1,000 or more, the City Manager shall dispose of the surplus property either by noticed auction or by advertising for bids. Surplus property shall be sold to the highest cash bidder. D. Monies received from the sale of surplus property shall be placed in the general funds of the City. 2.64.060 City Personnel Prohibition. No City officer or employee or appointed person, including officers or employees working under contract to the City, shall purchase surplus property sold in accordance with this Chapter. SECTION 4: Chapter 6.60 of the Municipal Code shall be amended as follows: CHAPTER 6.60 BUSINESS REGISTRATION CERTIFICATE 6.60.010 Purpose. A. This chapter is enacted for the purpose of providing an inventory of commercial activities conducted within the City; a method of determining compliance with safety regulations imposed on commercial activities within the City; and a mechanism whereby owners of commercial activities can be identified and notified by City officials. (Ord. 92-34) B. Unless otherwise expressly exempted, it shall be unlawful for any person to commence, conduct, manage, (participate in, advertise or sponsor) a commercial activity within the City without concurrently having a valid Business Registration Certificate from the City. C. Notwithstanding the provisions of this Chapter, proposed activities shall be subject to Zoning Regulations and Coastal Development Requirements, pursuant to Title 30 of this Code. (Ord. 94-06) 6.60.020 Definitions. For the purpose of this Chapter, the following words and phrases shall have the meaning set forth: A. "Commercial Activity" means all manner of commercial activity, to include without limitation, professions, trades, occupations and callings, whether or not carried on for profit. B. "Commercial Activity" does not include: 1. Those activities which are not likely to exceed $1,500 in gross annual revenue and involve no more than a single or occasional act within the City. 2. A single act. C. "Notice" includes notice to a responsible employee or agent of the person conducting the activity. D. "Person" includes, without limitation, an individual, association, domestic and foreign corporations, syndicates, joint stock corporations, parmerships, club, common law trust, or society. 6.60.030 Claim of Exemption. A. This Chapter shall not be construed to require any person to obtain a Business Registration Certificate prior to conducting a Commercial activity within the City if the requirement conflicts with applicable statutes of the United States or the State of California. B. Any person claiming an exemption pursuant to the provisions of this Chapter shall file a signed statement with the City Clerk, ~;._~.~.~.:~ ~. ~ ..... .,w~ ,.,~.~,~.~ .... stating the facts upon which the exemption is claimed. In the absence of such statement substantiating the claim, such person shall be liable for the obligations imposed by this Chapter. (Ord. 95-14) C. Upon a proper showing contained in a signed statement, the City Clerk F/nr, n:!~2 ge~,4c-es-Mam~, or his/her designee, whether the person is entitled to the claimed exemption. (Ord. 95-14) D. Upon the giving of notice and a reasonable opportunity to respond, the City Clerk ........................ ,,~., may revoke an exemption granted in accordance with this Chapter upon a finding that the activity is not entitled to the exemption. (Ord. 95-14) 6.60.040 Fees. Fees for this Chapter may be imposed as follows: A. An application fee based upon the City's costs in processing applications, to include required inspections; payable at the time of application. B. A certificate replacement fee based upon the City's costs in replacing a lost or destroyed certificate; payable at the time of application. C. A certificate renewal fee based upon the City's costs in processing the renewal application; payable at the time of the application. 6.60.050 Issuin~ Authority. The City Clerk Financial Services Manager, (Deleted) is the Issuing Authority for a Business Registration Certificate. (Ord. 95-14) 6.60.060 Application. A. The City Clerk Financial Services Manager (Deleted) shall prepare and have available application forms calling for such information as is necessary to accomplish the purposes of this Chapter. (Ord. 95-14) B. A separate certificate shall be applied for and a separate fee shall be paid for each branch establishment or location of the commercial activity to be transacted or carried on. C. A separate certificate shall be applied for and a separate fee shall be paid for by each separate operator of each separate type of commemial activity to be transacted or carried on at the same location. D. Applications for an initial, renewal or replacement certificate shall be submitted under penalty of perjury to the Office of the City Clerk Financial Services Manager. (Deleted) (Ord. 95-14) E. If the application is submitted by an agent, then the agent shall file (with the application) written statement that the principal has authorized the agent to apply for the certificate on the principal's behalf. F. In the event that the application is made for the issuance of a certificate to a person doing business under a fictitious name, the full name, phone number and place of residence of the principal owner of the business or persons responsible shall be provided. G. In the event that the application is made for the issuance of a certificate to a corporation, partnership, organization, association, syndicate or any other joint venture not identified in E, F, or G of this Chapter, the full name, phone number and place of residence of the principal owner or responsible person shall be provided. H. The applicant shall furnish a signed statement setting forth, without limitation, the following information: 1. The exact nature or kind of commercial activity for which a certificate is requested; 2. The place where such commercial activity is to be carded on, and if the same is not to be carried on at any permanent site, then a description of the route or temporary location; and 3. The full name, day and night phone number, and the place of residence of the principal owner, business owner or on-site manager of the commercial activity. 6.60.070 Approval forlssuance. The Issuing Authority shall issue a Business Registration Certificate unless one or more of the following conditions is found to exist: A. A complete application has not been submitted; B. The fee has not been paid; C. The proposed commercial activity does not comply with applicable fire, building, other safety codes or with other applicable regulations imposed on commercial activities within the City. 6.60.080 *Appeal on Denial. If the Issuing Authority denies the issuance of the Business Registration Certificate, the applicant shall be notified in writing and provided an opportunity to present further information to the Issuing Authority. (*See Chapter 1.12.010 through 1.12.060). 6.60.090 Term of Certificate. Unless otherwise expressly provided, all Business Registration Certificates issued pursuant to this Chapter shall expire 365 days after issue. 6.60.100 Display of Certificate. A. Posting of Certificate. Every person carrying on a commercial activity at a fixed place of business within the City shall keep the certificate posted, while in force, in some conspicuous place upon the premises where the commercial activity is carried on. B. Carrying Certificate. Every person carrying on a commercial activity but not operating at a fixed place of business within the City shall keep the certificate or a copy thereof available at all times while carrying on the commercial activity for which it is issued. C. Exhibiting Certificate Upon Request. Every person carrying on a commercial activity within the City shall produce and exhibit the certificate whenever requested to do so by any officer or employee of the City or Fire District.(Deleted) SECTION 5: Chapter 7.08 of the Municipal Code shall be amended as follows: CHAPTER 7.08 PAYMENT OF DEMANDS 7.08.010 Purpose. A. It is thc purpose of this Chapter to describe procedures for thc processing and payment of demands, bills and other c/aims against the City arising out of contract, including bills for labor, material and supplies famished; not including payroll or claims for damages. (Ord. 96-04) 7.08.020 Submission of Demand. A. The demands shall contain a brief description of the labor, material or supplies furnished and the date and price. B. The demands shall be accompanied by a requisition/purchase order approved by two City Officials ordering the labor, material or supplies, or shall be submitted via manual check request, signed by the department requester and approver and by the Finance Mana er ('Deleted) Director of Finance or his or her designee. -- C. Contracts executed by the City calling for specific payments on specified dates shall constitute a demand for payment on such dates. D. Demands shall be submitted to the Finance Department Division. (Deleted) .7.08.030 Register of Demands. A. The Finance Division (Deleted) Department will prepare a weekly register of demands showing check nurfiber, vendor, purpose of check and amount. The register will be audited and signed by the Director of Finance or his or her designee Finance Manager of the. :City (Deleted). The weekly registers will be submitted to the City Clerk in time to permit the City Clerk to attach the registers to the next available council agenda. (Ord. 96-04) B. Council members review the register of checks as a part of the agenda packet. Questions can be directed to staffprior to the Council Meeting or at the meeting. This register would become a register of audited demands. C. After the completion of all processing and approvals, warrants shall be released at the direction of the Director of Finance _F. inancial Services Manager (Deleted) in accordance with scheduled payment dates and terms. SECTION 6: Chapter 15.04 of the Municipal Code shall be amended as follows: CHAPTER 15.04 CONSTRUCTION ON PUBLIC R/GHTS-OF-WAY 15.04.010 Purpose and Intent. It is the purpose of th/s Chapter to provide the orderly administration of private contract work in the public right-of-way and to protect the public interest and safety in the development of private property by: (Ord. 87-02, 88-08) Regulating grading, private encroachments on public rights-of-way or public property, and construction within the public right-of-way, establishing standards therefor. 15.04.020 General Requirements. A. No person or entity shall do or cause to be done any work covered under this Chapter without first having obtained a permit, City contract, or City franchise to do such work. B. All work done under this Chapter shall be done in accordance with the approved plans and the conditions of the required permits, City contract or City franchise. The work shall conform to the standards of the City of Encinitas as set forth and contained in standard drawings, specifications and general conditions, on file in the office of the City Clerk and available for public distribution in the office of the City Engineer. C. This Chapter shall not affect the requirements of any other section of the Code, other permits, fees, charges or affect any provisions concerning the granting of franchises. D. Any person or entity performing work covered by this Chapter shall provide the required security to guarantee proper completion of the permitted work as described in this Chapter. 15.04.030 Administration. A. The Director of Engineering Services City Engineer (Deleted) shall enforce the provisions of this Chapter. He shall, upon application by qualified persons, issue permits for the work under this Chapter when all applicable prerequisite conditions established by this Chapter for such permits have been met. B. The Director of Engineering Services City Engineer (Deleted) shall determine the extent, type, and requirements of the work to be done under this Chapter and the type of application and permit required. C. When the nature of the work requested is such that it is subject to other requirements of this Code or Administrative Regulations issued pursuant thereto or affects the operations of any other department of the City, the Director of Engineering Services City Engineer (Deleted) shall adhere to the other requirements and shall be guided by the recommendations of such departments in determining the disposition of the application. Applications which are not in the interest of the public health, safety, or general welfare or do not constitute a reasonable use of land as indicated by the existing zoning or an approved land use plan, shall be denied. D. The Director of Engineering Services City Engineer (Deleted) shall fix the time for completion of the work when a permit is issued. The Director of Engineering Services City Engineer (Deleted) may, upon request of the permirtee, and for good cause shown, extend the period of time for completion for a sufficient time which, in the option of the City Engineer, will enable the permitlee to complete the work. E. The Director of Engineering Services City Engineer (Deleted) shall cause to be inspected all work done under this Chapter to ensure compliance with the provisions of the permit and shall determine when such work is properly completed. F. The Director of Engineering Services City Engineer (Deleted) may cancel a permit or may require plans to be amended when it is in the interest of public health, safety or general welfare to include, without limitation, any of the following situations: 1. Upon the request of the permittee. 2. When the facts are not presented accurately and/or correctly by the permittee in application. 3. When work as constructed or as proposed to be constructed creates a hazard to public health, safety, or general welfare. G. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Director of Engineering Services City Engineer (Deleted) may appoint deputies, as shall be authorized from time to time, to enforce the provisions of this Chapter. 15.04.035 Work Undertaken Without a Permit. A. Where work subject to the provisions of this Chapter is undertaken without a permit, the City Engineer may: 1. Order the work to be stopped. 2. Report the violation to the Contractors' Licensing Board. 3. Impose a penalty of double the normal City processing and inspection fee for obtaining the permit. B. If a permit is not promptly obtained, the Director of Engineering Services City Engineer (Deleted) may cause building permits to be suspended or certificates of occupancy withheld, and shall cause to be stopped all administrative action toward the processing of any project for which the issuance ora permit pursuant to this Chapter is a prerequisite until the property is restored to its original condition satisfactory to the Director of Engineering Services City Engineer (Deleted) at the sole cost of the applicant, or until an *appeal of such requirement is heard. Appeals of the Director of Engineering Services' City Engineer's (Deleted) decisions shall first be made to the Director of Public Works. The Director of Public Works' decision may be appealed to the City Council. (*See Chapter 1.12.010 thru 1.12.060) C. Should restoration or such other resolution as determined by the Council not begin by a time specified by the Director of Engineering Services Ci En ineer Deleted, the City Manager may direct the City Attorney to begin prosecution. 15.04.040 Application for Penni! A. An application for a permit authorizing work under this Chapter shall be made in accordance with procedures established by the Director of Engineering Services City Engineer (Deleted). Each application shall be accompanied by such detailed plans, specifications, schedules, and estimates as may be required by the Director of Engineering Services ~ in determining the nature and extent of the work and applicable fees. B. Detailed plans shall be prepared on material and to the size and in the manner designated by the Director of Engineering Services Ci En ineer. Deleted C. When proposed work or inquiries concerning the public rights-of-way necessitates investigation the Director of Engineering Services City Engineer (Deleted) may require a special investigation application and fee. Special investigation fees shall be in addition to other fees and are not refundable. D. The permittee shall notify all public utilities within the area of proposed work of permittee's request to construct improvements or encroachments within the rights-of-way and shall coordinate with the public utilities in order that any necessary relocations of existing facilities may be done in an orderly fashion without interrupting the continuity of service or endangering life or property. 15.04.050 Issuance of Permits. The Director of Engineering Services City Engineer (Deleted) shall issue permits authorizing work under this Chapter upon approval of the application and plans, receipt of the prescribed fees, guarantee of public liability insurance, and posting of the required security. The permits shall include, or refer to, the conditions, plans, and specifications which shall govern the work authorized. 15.04.060 Permits for Projects Within the Coastal Zone~ No land development permit, public improvement permit or encroachment permit will be issued by the City of Encinitas for projects or developments within the Califomia Coastal Zone as established by the California Coaslal Act of 1976 as amended until such time as a development permit or certificate of exemption has been obtained from the California Coastal Commission or a court of competent jurisdiction authorizing such development, except that public improvements or encroachments with valuations of less than $7,500 considered as repairs or improvements to single-family dwellings which are not located between the mean high-tide line as defined by the Coastal Commission and the nearest improved public street will not be subject to this provision. Procedures to be followed when application is submitted for a permit in the Coastal Zone are: The application, plans and specifications filed by an applicant for a permit shall be reviewed by the Director of Engineering Services City Engineer. (Deleted) Such plans shall be reviewed by other City departments to ensure compliance with the laws and ordinances under their jurisdiction. If the Director of Engineering Services City Engineer (Deleted) is satisfied that the work described in the application for a permit, and the plans and specifications filed therewith conform to the requirements of this Code, and other pertinent laws and ordinances, he shall issue to the applicant a letter stating that he is prepared to issue a permit, therefore to the applicant when the appropriate fees have been paid and the applicant presents an approved permit or certificate of exemption granted by the California Coastal Commission, or a court of competent jurisdiction authorizing construction for which the application was filed; provided, however, that the application, plans and specifications comply with all laws and ordinances in effect at the time of the presentation of such permit or certificate of exemption and payment of the fee specified in Section 15.04.070 of this Code is made. 15.04.070 Fees. Permit fees and deposits required by this Chapter shall be collected by the Director of Engineering Services City Engineer (Deleted) or other designated persons in accordance with procedures established by the Director of Finance. A schedule of fees and deposits to cover the costs of processing the various types of work referred to in this Chapter shall be established by the City Council and filed in the office of the City Clerk. Fixed charges may be established to cover portions of the City costs. Such fixed charges may include but are not limited to the cost for construction permits, encroachment permits, inspection and update of City records. No permit shall be issued and no work in the public rights-of-way or land development shall be permitted until the fees applicable under tiffs Chapter have been received by the Director of Engineering Services City Engineer. (Deleted) Any portion of said deposit not used to cover the actual costs of the City in processing a permit application will be refunded, but no funds will be released until all billings are in, and until final acceptance of the work by the Director of Engineering Services Cily Engineer. (Deleted) In determining the actual costs incurred by the City in connection with the processing of final maps and improvement plans, the costs as recorded by the Director of Finance shall be prima facie evidence of actual costs of services performed by the City. The State of California, its political subdivisions or other governmental agencies shall file applications for permits and shall be issued permits as required by this Article; provided, however, that no fees shall be required for work to be performed directly by the State of California, its political subdivisions or other governmental agencies. Contractors working for the State of California, its political subdivisions, or other governmental agencies shall obtain a permit and shall pay all applicable permit fees. 15.04.080 Refunds. In the event a permit fee refund is requested by the permittee and the Director of Engineering Services City Engineer (Deleted) has determined that it is in the public interest to allow the permittee to abandon the work, the Director of Engineering Services City Engineer (Deleted) shall cancel the permit and refund the refundable portion of the fee. 15.04.090 Security Required. A. Persons performing work under a permit issued in accordance with this Chapter shall furnish security, in the amount specified in this Chapter, guaranteeing proper completion of the permitted works. The security shall be in the form of one or more of the following at the option of the Director of Engineering Services City Engineer (Deleted) for the full protection of the City: 1. A deposit, with the City Finance (Deleted) Director of Finance, of money or negotiable bonds of the kind approved for securing deposits of public moneys. 2. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the permitted works are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. 3. A lien on the permittee's property. 4. Any form of security acceptable to the Director of Engineering Services City Engineer (Deleted) and specified by ordinance. B. The security shall be conditioned upon the payment to the City of any costs incurred by the City in completing the required work or in employing a contractor to complete such work. Whenever the Director of Engineering Services City Engineer (Deleted) finds that a default has occurred in the performance of any term or condition of work authorized by a permit, he shall give written notice of such default to the permittee. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the Director of Engineering Services City Engineer (Deleted) to be necessary for the completion of work. After receipt of such notice the permittee must, within the time specified, satisfactorily complete the permitted work. C. If the default is not corrected by the permittee within the time specified, the Director of Engineering Services City Engineer (Deleted) shall proceed without delay and without further notice of proceedings whatever to use the security or any portion thereof to complete the required work. The balance, if any, of any cash deposit shall, upon completion of the work, be returned to the depositor or to his successors or assigns after deducting the cost of the work. 15.04.100 Amount of Security Required. The security amount shall be based on an estimate of the cost of work approved by the Director of Engineering Services City Engineer (Deleted) in an amount of at least 150% of the approved estimate. 15.04.110 Qualifications to do Work. A. The permittee shall ensure all work under this Chapter is performed by a contractor who is appropriately licensed by the State of California to do the work proposed under the permit. The Director of Engineering Services City Engineer (Deleted) will make the determination regarding the appropriate license. B. Plans for public improvement and major work involving encroachment or land development authorized under this Chapter shall be prepared by a civil engineer registered by the State of California. Where soils reports or soils investigations and/or geologic reports or geologic investigations are required, the reports and investigations shall be prepared and conducted by a California licensed soils engineer or engineering geologist. 15.04.120 Liability Insurance. Prior to the issuance of any permit, the permit applicant must provide a policy of liability insurance in an amount satisfactory to the Director of Engineering Services Ci_ En ineer Deleted in order to protect the City from any potential claims that may arise from the works covered by the permit. The policy must remain in effect throughout the full term of the permit and provide that the insurer shall give 30 days notice to the City before the policy is canceled or expires. 15.04.130 Traffic Control Around Work Sites. A. A permittee authorized to commence construction within a public right-of-way shall place and maintain sufficient traffic control measures around the work site to protect the public safety by controlling vehicular and pedestrian traffic and advising the public of detours and construction hazards. B. Traffic control measures include, without limitation, barriers, guards, lights, signs, flagmen and watchmen. C. Control devices shall be installed to the satisfaction of the Director of Engineering Se~ice, s fi En. inee.r De. leted . All permits shall be subject to the requirement for a traffic conrro~ pmn, reviewed and approved by the Director of Engineering Services City Engineer (Deleted). All traffic control devices and activities shall conform to the latest edition of the "Work Area Traffic Control Handbook" published by Building News, Inc. All permit sites requiring traffic control shall have at least one copy of the above handbook at the site during working hours. D. If a construction permittee fails to comply satisfactorily with the provisions of this section, the Director of Engineering Services Ci En ineer Deleted may cause additional control devices to be erected for which the permittee shall reimburse the City. 15.04.140 Private Driveways. A. Driveways serving private property shall require a permit for construction, reconstruction, removal or repair, except for minor maintenance. An encroachment permit shall also be required for their placement on a City street. B. The dimensions and location of any driveway serving private property shall be as specified in the appropriate City Standards. All proposed variances to the standards shall be reviewed by the Director of Engineering Services ~. C. Driveways serving private property shall not be located or constructed in a manner that endangers public safety or causes undue inconvenience to the public. D. When a driveway serving pr/vale property is abandoned or is no longer suited for vehicular use, the property owner shall remove the depressed curb section and apron and restore the right-of-way to the standards normally required for an improved street. SECTION 7: Chapter 23.98 of the Municipal Code shall be amended as follows: CHAPTER 23.98 PARKLAND ACQUISITION & IMPROVEMENTS (Ord. 2000-09) 23.98.010 Puipose. In order to meet thc specifications of the City's recreational space and facilities standards and to implement the goals and objectives of the Recreation Element of the City of Encinitas' General Plan, additional land must be purchased and certain facilities must be constructed. The City Council has determined that a land dedication requirement or in-lieu fee and a park improvement fee are needed in order to meet the cost of acquiring and improving parkland to serve new development, and to pay for the development's fair share of these acquisitions and improvements. It is the purpose of this Chapter to impose on persons developing real property an obligation to provide land or in-lieu fees and park improvement fees for park and recreation purposes. The combined dedication/in-lieu fee and park improvement fee shall be referred to as the parkland acquisition and improvement fee. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with the City's General Plan, and consistent with the requirements of Government Code Sections 66000 et seq, (Ord 2000-09). 23.98.020 Requirement. A. The parkland acquisition and improvement fee shatl be determined by the CommuniW Services (Deleted) Director of Parks and Recreation or his/her designated agent, and satisfied by the applicant as a condition of approval of the development project. If the new development is in a new subdivision as defined by Government Code Section 66424, the fee shall be paid by the applicant during the subdivision processing as a condition of the approval of the proposed final or parcel map; or at the subdivider's option, a covenant may be executed burdening each lot for a prorata share of the fee, due as a condition of the issuance of a building permit. If the development is not in a new subdivision, the fee shall be paid by the applicant as a condition of the granting ora building permit for the proposed development. (Ord. 2000-09). B. In accordance with Government Code Section 66007, in the case of residential development, the City shall only require the applicant to satisfy the fee requirement as a condition of approval of the development, and prior to the issuance ora certificate of occupancy. Unless the fees are reimbursement to the City for expenditures previously made, the fees will be payable to the City and placed in a separate account to fund the construction for the needed public improvements or facilities resulting from the development. 23.98.030 Exemptions. The following development is exempt from the regulations of this Chapter: A. Replacement or remodels of existing residential structures which do not add new units; or (Ord. 2000-09). B. Residential accessory units as defined in Municipal Code Section 30.48.040¥. (Ord. 2000-09). 23.98.040 Use of Funds. A. The fees received in accordance with this Chapter shall be used for the acquisition of parkland and the construction of park facilities serving the proposed development in a manner consistent with the City's recreational space and facilities standards. B. The fees paid pursuant to this Chapter shall be placed in a segregated fund identified as the "Park Fee Fund." C. Land and fees extracted in accordance with Section 23.98.040 of this Chapter shall be administered in accordance with and used only for purposes authorized by Government Code 66477. 23.98.050 Residential Subdivision Land Dedication Obligation and In-Lieu fee. A. The Community Services (Deleted) Director of Parks and Recreation or his/her designated agent shall determine whether to require a dedication of land, impose a requirement to pay fees, or require a combination of both for park acquisition and construction purposes. B. In accordance with Government Code Section 66477, a person seeking to construct a residential development project in a new subdivision shall be obligated to dedicate 3.00 acres of undeveloped parkland per new 1,000 population. The amount of land to be dedicated shall be determined as follows: 3.0 acres x Population per = Land Dedication per 1,000 population dwelling unit dwelling unit (Ord. 2000-09) C. In accordance with Government Code 66477 (a)(7), only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. (Ord. 2000-09). D. The calculation of the in-lieu fee shall be based on the estimated current cost of raw land of $300,000 per acre. (Ord. 2000-09). Acres per Acres Per Capita Land Cost Per Cost Per Capita Thousand 1 Acre 3.0 0.003 $300,000 $900.00 Population ratio authorized by section 66477 of Government Code Impact fees per unit of development for in-lieu fee are listed in the table below: (Ord. 2000-09). Development Type codGPe Der Population Per Cost Per Fee Per Unit Units Dwelling Unit ' Capita Residential (0.125-0.25 du/ac) R DU 2.95 900.00 2,655.00 Residential (0.25-0.5 du/ac) RR DU 2.95 900.00 2,655.00 Residential (0.5-1.0 du/ac) RRI DU 2.95 900.00 2,655.00 Residential (1.0-2.0 du/ac) RR2 DU 2.95 900.00 2,655.00 Residential (2.0-3.0 du/ac) R3 DU 2.95 900.00 2,655.00 Residential (3.0-5.0 du/ac) R5 DU 2.95 900.00 2,655.00 Residential (5.0-8.0 du/ac) R8 DU 2.75 900.00 2,475.00 ~esidential (8.0-11.0 du/ac) R11 DU 2.40 900.00 2,160.00 lesidential (11.0-15.0 du/ac) RI 5 DU 2.20 900.00 1,980.00 ~.esidential (15.0-25.0 du/ac) R25 DU 2.20 900.00 1,980.00 Vlobile Home Park MHP DU 1.60 900.00 1,440.00 E. As required by Government Code 66477(d), the City shall allow planned developments, real estate developments, stock cooperatives, community apartment projects and condominiums credit in an amount based on open space within the development which is usable for active recreational uses. F. In accordance with Government Code 66477(d), this Section does not apply to commercial or industrial subdivisions, and has limited application to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building. G. In accordance with Government Code 66477(a)(8), this Section has a limited application to nonresidential subdivisions of less than five (5) parcels and to reversion acreage. (Ord. 2000-09). H. In accordance with Government Code 66477(a)(6), the City shall develop a schedule specifying how, when and where the land dedicated and the fees collected pursuant to this Section will be used to serve the residents of the subdivision. (Ord. 2000-09). 23.98.060 Residential Subdivision Park Improvement Fee. A. A person seeking to construct a residential development project in a new subdivision shall pay a park improvement fee equivalent to the cost of improving 1.90 acres of parkland per 1,000 new population and based on the estimated cost of improvements and facilities, of $120,000 per acre. The improvement fee reflects the level of improvements and facilities needed to maintain the City's existing inventory of developed parkland per 1,000 population. (Ord. 2000-09). Acres per Acres Per Capita Improvement Cost Per Capita Thousandl Cost Per Acre 1.9 0.0019 $120,000 $228.00 B. Park improvement impact fees per unit within a residential subdivision shall be based upon the following table: (Ord. 2000-09). Development Type codGPe Dev Pop Per DU Cost Per Fee Per Unit Units Capita Residential (0.125-0.25 du/ac) R DU 2.95 228.00 672.60 Residential (0.25-0.5 du/ac) RR DU 2.95 228.00 672.60 Residential (0.5-1.0 du/ac) RR1 DU 2.95 228.00 672.60 Residential (1.0-2.0 du/ac) RR2 DU 2.95 228.00 672.60 Residential (2.0-3.0 du/ac) R3 DU 2.95 228.00 672.60 Residential (3.0-5.0 du/ac) R5 DU 2.95 228.00 672.60 Residential (5.0-8.0 du/ac) R8 DU 2.75 228.00 627.00 Residential (8.0-11.0 du/ac) R11 DU 2.40 228.00 547.20 Residential (11.0-15.0 du/ac) RI 5 DU 2.20 228.00 501.60 Residential (15.0-25.0 dtffac) R25 DU 2.20 228.00 501.60 Mobile Home Park MHP DU 1.60 228.00 364.80 C. The City may allow credit toward the fee required by this Section in an amount based on the value of land dedicated in excess of the 3.00 acres per 1,000 new population required in Section 23.98.050 above, and for park and recreational improvements provided to dedicated land together with any equipment located thereon. 23.98.070 Non-subdivision Residential Development Parkland Acquisition Fee. (Ord. 2000-09). A. A person seeking to construct a residential development project not in a new subdivision shall pay a parkland acquisition fee of $615 per resident to be determined by the number of dwelling units proposed for construction. This fee is based upon the cost of acquiring 2.05 acres of raw parkland per 1,000 new population. The land acquisition fee reflects the level of land acquisition needed to maintain the City's existing inventory of open space and developed parkland per 1,000 population and is based upon a per acre land cost of $300,000. (Ord. 2000- 09). Acres per Acres Per Capita Land Cost Per Cost Per Capita Thousand I Acre 2.05 0.00205 $300,000 $615.00 B. Impact fees per u nit of development for park acquisition are listed in the table below: (Ord. 2000-09). Development Type codGPe Dev Pop Per DU Cost Per Fee Per Unit Units Capita Residential (0.125-0.25 du/ac) R DU 2.95 615.00 1,814.25 Residential (0.25-0.5 du/ac) RR DU 2.95 615.00 1,814.25 Residential (0.5-1.0 du/ac) RRI DU 2.95 615.00 1,814.25 Residential (1.0-2.0 du/ac) RR2 DU 2.95 615.00 1,814.25 Residential (2.0-3.0 du/ac) R3 DU 2.95 615.00 1,814.25 Residential (3.0-5.0 du/ac) R5 DU 2.95 615.00 1,814.25 Residential (5.0-8.0 du/ac) R8 DU 2.75 615.00 1,691.25 Residential (8.0-11.0 du/ac) R11 DU 2.40 615.00 1,476.00 Residential (11.0-15.0 du/ac) R15 DU 2.20 615.00 1,353.00 Residential (15.0-25.0 du/ac) R25 DU 2.20 615.00 1,353.00 Mobile Home Park MHP DU 1.60 615.00 984.00 23.98.075 Non-Subdivision Residential Park Improvement Fee. A. A person seeking to construct a residential development project not in a new subdivision shall pay a park improvement fee equivalent to the cost of improving 1.90 acres of parkland per 1,000 new population and based on the estimated cost of improvements and facilities of $120,000 per acre. (Ord. 2000-09). Acres per Acres Per Capita Improvement Cost Per Capita Thousand 1 Cost Per Acre 1.9 0.0019 $120,000 $228.00 Park improvement impact fees per unit of residential development shall be based upon the following table: (Ord. 2000-09). Development~Type GP Dev Pop Per DU Cost Per Fee Per Unit Code Units Capita Residential (0.125-0.25 du/ac) R DU 2.95 228.00 672.60 Residential (0.25-0.5 du/ac) RR DU 2.95 228.00 672.60 Residential (0.5-1.0 du/ac) RR1 DU 2.95 228.00 672.60 Residential (1.0-2.0 du/ac) RR2 DU 2.95 228.00 672.60 Residential (2.0-3.0 du/ac) R3 DU 2.95 228.00 672.60 Residential (3.0-5.0 du/ac) R5 DU 2.95 228.00 672.60 Residential (5.0-8.0 du/ac) R8 DU 2.75 228.00 627.00 ~esidential (8.0-11.0 du/ac) R11 DU 2.40 228.00 547.20 Kesidential (11.0-15.0 du/ac) R15 DU 2.20 228.00 501.60 ?~esidential (15.0-25.0 du/ac) R25 DU 2.20 228.00 501.60 Mobile Home Park MHP DU 1.60 228.00 364.80 23.98.080 Fee Credits: The City may allow credit toward the fee required by this Section in an amount based on the value of land dedicated and/or park and recreational improvements provided to dedicated land together with any equipment located thereon. (Ord. 2000-09). 23.98.090 Fee Adjustment. A developer of any project subject to the fee described in this Chapter may apply to the Community Services (Deleted) Director of£ark* and Recreation for a reduction or adjustment of said fee based upon the absence of any reasonable relationship or nexus between the open space and developed parkland needed to serve the new development and the amount of the fee charged. The application shall state in detail the factual basis for the claim of waiver or reduction. The application shall be made in writing to the Community Services (Deleted) Director of Parks and Recreation at the time of the filing of the request for a final or parcel map, or for a building permit. The Community Services (Deleted) Director of Parks and Recreation shall consider the fee adjustment application within 30 days of the filing of the application. If a reduction or waiver is granted, any change in use within the project resulting in an increase in density shall subject the development to payment of the full fee. (Ord. 2000- 09). SECTION 8: Approval This ordinance was introduced on January 8, 2003. PASSED AND ADOPTED this 22nd day of January, 2003, by the following vote, to wit: AYES: Bond, Guerin, Houlihan, Stocks. NAYS: None. ABSTAIN: None. hayor ~' Jerome Stocks, Mayor ATTESTATION AND CERTIFICATE: I hereby certify that this is a true and correct copy of Ordinance No. 2003-04, which has been published pursuant to law. ~ I Deb,~t'ah Cervone ~Eity Clerk