The URL can be used to link to this page

Home My WebLink About1998 06-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - JUNE 2, 1998 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE. INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF MAY 19, 1998 AND MAY 26, 1998. COUNCIL AGENDA 6/2/98 Page 2 CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 98-57 Resolution of the City Council of the City of National City approving the Draft 1998-99 Consolidated Plan Annual Plan including the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program budgets. (Community Development Commission) 2. Resolution No. 98-58 Resolution of the City Council of the City of National authorizing the Mayor to execute an Agreement with Jackson & Associates to provide assistance with the implementation of a new financial management computer system. (City Manager) 3. WARRANT REGISTER #46 (Finance) Ratification of Demands in the amount of $298,800.75. Certification of Payroll in the amount of $466,038.77. NON CONSENT RESOLUTION 4. Resolution No. 98-59 Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with the San Diego Chamber Orchestra for a musical program to be held at Pepper Park. (Parks & Recreation) COUNCIL AGENDA 6/2/98 Page 3 ORDINANCES FOR ADOPTION 5. An Ordinance of the City Council of the City of National City amending Chapter 10.68 of the National City Municipal Code by retitling said Chapter "Firearms," and adding to said Chapter Section 10.68.020 pertaining to trigger locks on firearms. (City Attorney) 6. An Ordinance of the City Council of the City of National City, California, amending Title 18 (Zoning) of the National City Municipal Code regarding regulations regarding parking requirements in the Commercial Shopping Center (CSC) Zone. Case File No. A-1997-3. (Planning) NEW BUSINESS 7. Consideration of a letter opposing the proposed City of San Diego "Solid Waste Disposal Recycling Fee." (City Attorney) Notice of Decision — Conditional Use Permit for the sale of beer and wine in a specialty market at 1235 Highland Avenue. Applicant: Chan Kyu Choe and Sun Ok Choe. Case File No. CUP-1998-3. (Planning) 9. Temporary Use Permit — St. Anthony of Padua Catholic Church. (Building & Safety) —> CITY MANAGER —> CITY ATTORNEY 10. Closed Session Report. COUNCIL AGENDA 612/98 Page 4 NEW BUSINESS (Cont.) —> OTHER STAFF —> MAYOR -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting — June 9, 1998 — 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 1998 AGENDA ITEM NO. 1 "ITEM TITLE RESOLUTION: APPROVING THE DRAFT 1998-99 CONSOLIDATED PLAN ANNUAL PLAN, INCLUDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS PREPARED BY Paul Desrochers Pp DEPARTMENT CDC EXPLANATION The City Council took action on the 1998-99 CDBG and HOME Budgets on May 12, 1998. Both Budgets were deliberated and approved. Subsequently, HUD notified staff that an additional $1,000 is available in HOME funding. Staff reccomends that the $1,000 be allocated to the Contingency Fund for Affordable Housing. This contingency was approved on May 12, 1998 under the HOME Budget. Environmental Review Ll N/A Financial Statement The City will receive $587,000 in HOME and $1,396,000 in CDBG funds from the Department of Housing and Urban Development for 1998-99. Account No. STAFF RECOMMENDATION City Council approve the draft 1998-99 Consolidated Plan Annual Plan including proposed CDBG and HOME programs' budgets; and authorize CDC staff to submit the Annual Plan to Los Angles HUD Field Office for approval. BOARD / COMMISSION RECOMMENDATION NiA ATTACHMENTS ( Listed Below ) 1. Final 1998-99 CDBG BUDGETS 3. Final 1998-99 HONIE BUDGETS 98-57 Resolution No. A-200 9 8G) RESOLUTION NO. 98 — 57 RESOLUTION OF THE CITY COUNCIL OF 111E CITY OF NATIONAL CITY APPROVING THE DRAFT 1998-99 CONSOLIDATED PLAN ANNUAL PLAN INCLUDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS WHEREAS, the City of National City administers the allocation of CDBG and HOME funding for the Federal Government under the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the City wishes to allocate program funds for the 1998-99 program year; and WHEREAS, the City Council of the City of National City held a public hearing on the allocation of said funds on April 14 and April 21, 1998; and WHEREAS, the City has agreed to allocate these funds as shown on Attachment Nos. 1 and 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the CDBG and HOME funds as shown on Attachment Nos. 1 and 2 are approved and the Mayor is hereby authorized, on behalf of the City Council, to submit the 1998- 99 Consolidated Plan Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 2'd day of June, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: L...3E George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 1998 AGENDA ITEM NO. 2 ITEM TITLE AGREEMENT TO RETAIN CONSULTING SERVICES FROM JACKSON & ASSOCIATES TO ASSIST WITH THE IMPLEMENTATION OF THE PREPARED BINANCIAL MANAGEMENT SOFTVeRE EXPLANATION. Park Morse, Asst. City iL\)ager City Manager 4,14 See attached staff report. Environmental Review X N/A Financial Statement Sufficient funding for this Agreement exists in the Technology Fund>' '7k-) Account No 102-409-000-2 STAFF RECOMMENDATION Approve Agreement BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Agreement Resolution No 98-58 4-277 (ley °/B7` Agreement to Retain Consulting Services from Jackson & Associates to Assist with the Implementation of the Financial Management Software June 2, 1998 As you are aware, the City's main finance software applications are maintained on a computer known as the PRIME. PRIME was the hardware manufacturer, when they were in business. The PRIME is approximately 15 years old and in failing heath. It cannot be supported any longer and must be replaced. Finance software pays our bills, pays our employees, tells us who owes us money, produces required State and Federal reports, informs our auditors of our actions and a host of other day-to-day chores. (Please refer to our April 16th memorandum to you.) The Finance Director is currently working with a Committee of City employees whose mission it is to evaluate and help in the selection process for new Financial Management Software. That Committee has narrowed the vendor list down to two software providers and the selection process will be transitioning into a negotiation phase very soon followed by contract discussions and, ultimately, City Council consideration. The implementation of Financial Management Software is extremely complex and will touch every department of the City, some in very substantial ways. An enormous amount of pre -planning and daily detail work will be needed to keep the project on track. Estimates in the industry are that such implementations can take from 2 to 5 years for complete testing and implementation. Taking a page from the private sector, part of the implementation will be a Business Process Reengineering effort in which the consultants will work with Finance and departmental staff to streamline some of our business processes. City Staff do not have the time to invest in this implementation effort and still perform their other job assignments. Attempting to have them do so would quickly swamp our resources and materially impact the project's success. Having been through implementation efforts before, this Office has taken the position that we did not want to use City resources to hire a consultant merely to identify who the good software players were (an earlier $50,000 consulting proposal that was rejected). We wanted to use our financial effort to actually implement the system. The proposal before you this afternoon hires a consulting company to assist us with the implementation. The company we have selected is Jackson and Associates based in Chico, California. Jackson & Associates is unique in that they are the only consulting company of which we are aware whose principals JackscrA-200.doc have not only been former municipal finance professionals but also were employed by finance software vendors. Their skill set is very broad and ideally suited to our needs here in National City. Their current client list includes: Mountain View, La Habra, Charleston County and Fairbanks. Probably as a result of the downsizing cities have done in recent years, it is becoming common for cities to implement Financial Management Software by means of a project manager who is dedicated to the success of the project. Some cities have sought to hire this expertise on staff but our evaluation of those individual efforts suggests that is not a wise course for us. At this stage in the project we need specialized expertise on a non -permanent, as -needed basis. We do not need an employee in the permanent service whose job would wind down at a future date and who we would be worried might be looking for greener pastures along the way. (For a detailed list of the Scope of Services please see Attachment A to the Agreement, second to the last page.) Jackson and Associates will be utilized to implement the Scope of Services shown in the Agreement at rates at or below $110 per hour. These rates are 10% to 25% lower than industry averages for similar services. Portions of three consultants' time will be contributed to our project at a first year cost of something around $130,000. We expect their effort to be required to varying degrees over about a two-year period. Sufficient monies exist in the Technology Fund to fulfill this Agreement. JacksonA-200.doc RESOLUTION NO. 98 - 58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JACKSON & ASSOCIATES TO PROVIDE ASSISTANCE WITH THE IMPLEMENTATION OF A NEW FINANCIAL MANAGEMENT COMPUTER SYSTEM WHEREAS, the City desires to employ a contractor to assist with the implementation of a new financial management computer system; and WHEREAS, the City has determined that Jackson & Associates is qualified by experience and ability to perform the services desired by the City, and Jackson & Associates is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Jackson & Associates to provide assistance with the implementation of a new financial management computer system. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2" d day of June, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. riser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JACKSON & ASSOCIATES THIS AGREEMENT is entered into this day of 1998, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and Jackson and Associates, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to assist with the implementation of a new Financial Management Computer System. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRA- CTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction in services. 3. PROJECT COORDINATION AND SUPERVISION. The Finance Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jonathan E. Jackson hereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on bi-weekly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials and expense reimbursements, if any. Compensation shall be based on the schedule given in Exhibit A. 2 3evveed 2/9, Bi-weekly invoices will be processed for payment and remitted within fifteen (15) days from receipt of invoice:provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. TERM. This Agreement, and it's Scope of Services as outlined in Exhibit A, shall be for a period of (2) two years from the date first above written. 6. DISPOSITION OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project shall become the property of the CITY for use solely with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, contemplated by this Agreement. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by 3 Revteed 2/97 the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals 4 Revt aed 2/9/ of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information ReV:ee. 2/97 to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommenda- tions, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 14. HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone 6 Revteed =.37 whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this "Agreement, unless caused by the negligent act of the City 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Professional liability insurance with minimum limits of $1,000,000 per occurrence. b. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. c. Comprehensive general liability insurance, with minimum limits of $1 ,000,000 combined single limit per occurrence, covering all 7 evieed 2/97 bodily injury and property damage arising out of its operation under this Agreement. d. Workers' compensation insurance covering all of its employees and volunteers. e. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. f. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. g. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. h. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. Any aggregate insurance limits must apply solely to this Agreement. 8 ev:eed 2,3- 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association the ("AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective 9 Pevtaed 1/37 only upon 60-day written notice to the CITY. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR shall become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. 20. NOTICES. All notices or other communications required or permitted hereunder shallbe 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 10 Revised :. a its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To CONTRACTOR: Jackson & Associates 3100 Clear Lake Drive Chico, CA 95973 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 11 Revised nro, 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from matter on which it might perform services for the CITY. The CONTRACTOR shall comply with all of the reporting require- ments of the Political Reform Act and National City regulations. Specifically, the CONTRACTOR shall file Statements of Economic Interest with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk, if required by the National City Conflict of Interest Code as determined by the City Attorney of the City of National City. 22. MISCELLANEOUS PROVISIONS. a. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 12 Revised any b. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. c. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. d. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. e. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. f. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. g. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. h. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. 13 i evtaed :/,, No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. j. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. k. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 14 ROV„h r OF NATIONAL CITY '^P`! ES ;SE 08:12AM OUTRIGGER EASTfHTL P.1/1 �002 CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, NI City Attorney JaeLw..dw Rev: 527.88 15 CONTRACTOR By: athan E. Jac on President Ravi pea arfl 5/d47.;cd, EXHIBIT A Professional Services Proposal Between Jackson & Associates and the City of National City Scope of Work: To provide Project Management, Implementation Management, and other consulting services to the City of National City. Services can include, but are not limited to: • Overall management of the PRIME Project • Business Process Re -Engineering (BPR) • Implementation management of new processes • Documenting both current and proposed practices • Aiding the City with the selection of new software See Attachment A for a more detailed scope of work. Level of Effort: On an as needed basis. All work will be coordinated between both parties. Staff Assigned: Jackson and Associates will assign Jonathan E. (Gene) Jackson as the lead consultant for this project. (See Attachment B) Beginning Date: June, 1998. Terms: Work will be billed on a time and materials basis. Invoicing will occur bi-weekly and will be payable upon receipt. Costs: The following costs are valid for one year. • $110 per hour for on -site work* • $100 per hour for off -site work, including but not limited to, research, documentation, and follow-up. • Per Diem for meals will be based upon the IRS approved rates. ($38 per day in 1998) • Actual reimbursement for all travel, transportation, and lodging costs. • If a personal vehicle is used, the reimbursement will be based upon the current IRS mileage rates. • NOTE: If a one-year or longer -term agreement is reached for the project management position, Jackson and Associates will (if staffing is available) relocate a staff member to the San Diego area. This employee will be billed at a special reduced rate of $75 per hour and will incur no lodging or meal costs, once relocated. File: JacksonContractExhibitA.doc Rev: 5-27-98 Attachment A to Exhibit A Scope of Services • Attends to large number of daily details • Keeps staff & vendor(s) on schedule • Raises & helps solve policy & implementation issues • Becomes central point of contact • Determines training plan for entire project • Schedules training and deliverables • Management of initial contract(s) & financing • Manage shift to decentralized processing & tools • Scheduling of site visits • Oversee parallel processing • Plan migration for 38 non -Finance PRIME applications • Plan, schedule & implement move to GUI • Plan, schedule, test & implement data conversions • Responsible for the launch of each software module • Management reporting on project status • Coordinate City's PRIME committee • Keep us focused • Manage current Finance, payroll (BRC) & sewer (MMI) software & hardware vendors • Select & design new electronic forms • Implement plan for electronic cash registers • Coordinate 3rd party vendors, including: check, cash register, bank & ACH, and forms • Plan for Year 2 and 3 implementations • Advise on recommended hardware platform • Advise on modules to purchase and when • Advise on timing of module rollout • BPR element • Feature comparisons between vendors • Detailed review of department -specific modules • Review select current Finance Department policies for "best practices" • Management of customization issues • Assistance with rollout of management reporting tools • Plan for & advise on timing of extension of software to CDC, Transit & to Library • Help clarify appropriate roles for departments & Finance • Complete review of Chart of Accounts • Help establish realistic "live" date File: JacksonContractExhibitA.doc Rev: 5-27-98 Attachment B to Exhibit A Jonathan E. (Gene) Jackson • Bi-Tech Software Inc. (BT) - responsibilities included: • Managing software engineers • Software demos Implementing IFAS software • Trouble shooting problems within IFAS • Serving as the liaison between the governmental user group and BT • Electronic Data Systems (EDS) - responsibilities included: • Evaluating fund accounting systems nationwide • Leading BPR teams at local government sites • Designing new software systems • Managing software engineers • Trouble shooting problems within Infocel software • City of Mount Airy - responsibilities included: • Managing Tax Collections processes • Managing Utility Billing and Collection processes • Managing Finance functions including A/P, AIR, GL, Payroll, and MIS Implementing a new finance system • Other job responsibilities included: • Time and motion studies in EMS, Waste Mgmt, and Street Repairs • Development of operating budgets, capital budgets, and multi -year plans Complete analysis of the Fire and Police Departments File: JacksonContrac:ExhibitA.doc Rev: 5-27-98 City of National City, California COUNCIL AGENDA STATEMENT 3 MEETING DATE June 2, 1998 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #46 PREPARED BY Adella M. Salazar EXPLANATION, Ratification of Warrant Register #46 per Government Section Code 37208 DEPARTMENT Finance Environmental Review Financial Statement N/A N/A Account No STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $777,007.88 BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No 1. Warrant Register #46 2. Worker's Comp Warrant Register dated 05/26/98 A -ZOO 'Rem ° SC SUBJECT: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 7HE MAYOR AND CITY COUNCI_MEMBERS MART'. MAT I E:NZO INANCE DIRECTOR RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 46 GENERAL FUND TECHNOLOGY FUND PARKS MAINTENANCE FUN ,A A_rF:C FUND P.O.3.T. FUND -_-WI'R �'4�_�.�-iu.'.1. "y'y:K PUNT) =L^;VICEE FUND A 7--VT""TES M'T FF'70T7DNG FUND 1 _ TC 1 I_ _,AS3 S FUND °r;TDONATIONS FUN TOTAL 55,201.58 3,248.10 3,830.83 51.3_ 5,431.54 257.10 705.79 5_.42 75.20 49.525.15 Y GRANT-C.D.B.G. CDC PAYMENTS GRANT -HIGHWAY BRIDGE i ='ANT-CMAO TDA - FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATI'-N SERVICES MOTOR. VEHICLE 1 C FUN TRUS1. '0 AGENCY B,515.61 6 .72 1,740.15 1J,_ 9 .40 2,505 1,05C.00 754 539 -' I HEREE_✓ CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 149263 THROUGH 149386 INCLUSIVE EXCEPTING NONE 104190 THROUGH 104231 INCLUSIVE ARE C-%FECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUnGET T _E !2F.8 T FISCAL YEAR AND THAT Mr -Y IS AAILaE .- _ -- _v 'T. TC P'Av S:^___EMAND�. / .,J R,_,, / d PaplT City of National City, California COUNCIL AGENDA STATEMENT 4 MEETING DATE June 2, 1998 AGENDA ITEM NO ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SAN DIEGO CHAMBER ORCHESTRA FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK. PREPARED BY Jim Ruiz EXPLANATION, is the same group $20,000. Staff asked the Orchestra to develop a "Spanish Fiesta`' program as one of their musical options. The second option is "From Broadway to Hollywood." The Spanish theme is a 75 minute program with no intermission. The "Broadway" program is two hours and fifteen minutes with an intermission. Staff will once again work with the Port and the Orchestra to coordinate the event. A representative of the Orchestra will be in attendance to answer any questions. DEPARTMENT Parks & Recreation This item authorizes the City to enter into a contract with the San Diego Chamber Orchestra for a concert to be held at Pepper Park on August 9, 1998 at 7:30 pm. This that has provided our music the last two years. Their fee is Environmental Review x N/A Financial Statement The $20,000 fee is funded by the Port District City support activities of approximately $1,200 could once again be charged to Governmental Purposes. TAFF RECOMMENDATION Select musical program and approve contract. BOARD/COMMISSION RECOMMENDATION Approve contract. ATTACHMENTS (Listed Below) Contract and musical options. 98-59 Resolution No. A-200 Ile. ._ RESOLUTION NO. 98 - 59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CTTY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE SAN DIEGO CHAMBER ORCHESTRA FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK WHEREAS, the City Council of the City of National City intends to use a grant from the San Diego Unified Port District to fund a performance of the San Diego Chamber Orchestra in Pepper Park on August 9, 1998; and WHEREAS, the San Diego Chamber Orchestra will perform the concert as they did last year, for $20,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract with the San Diego Chamber Orchestra for a musical program to be held in Pepper Park on August 9, 1998. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2'.4 day of June, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney S. 72. CHAMBER c RCH. r "SPANISH FIESTA" - possibly featuring vocal quartet and Mariachi Ensemble Toreador Suite 1. Andalucia _ Lecuona 2. La Paloma Uradier 3. La Virgen de la Macarena Monterde Carmen Suite (with vocal quartet?) Bizet Habanera, Gypsy Song, Toreador Song, March of the Toreadors, The Smuggler's March A la Mariachil (Selections) with Mariachi Ensemble ? La Bamba Mart of Lamancha (with vocal quartet?) Man of Lamancha, Dulcinea, Little Bird, A Little Gossip, The Impossible Dream Espania Cani (75 minute program without intermission) ** Please note that programs may be subject to change. Marquina "FROM BROADWAY TO HOLLYWOOD" Presenting the best of Broadway's musical triumphs and Hollywood's silver screen legends. Highlights include music from Phantom of the Opera, Miss Saigon, West Side Story, That's Entertainment, Star Wars, Evita, Superstar, South Pacific, Batman, Dances with Wolves, The Sound of Music, Funny Girl, The King and I Cats and other magnificent scores from the pens of Andrew Lloyd Webber, Rodgers and Hammerstein, Lerner & Lowe and John Williams. A quartet of fabulous Broadway style vocalists are featured on this fascinating program, Broadway Tonight! arr. Bruce Chase Everything's Coming Up Roses, Soon Its Gonna Rain, My Favorite Things, Try to Remember, People "The Legends" A Richard Rodgers Portrait arr. Bruce Chase Bali Ha'i, It's A Grand Night for Singing, I Whistle A Happy Tune, Edelweiss Andrew Lloyd Webber: Symphonic Reflections Superstar, Don't Cry for Me Argentina, King Herod's Song, Memory arr. Bruce Chase "Broadway Favorites" Miss Saigon Overture, Sun and Moon, The Heat Is On In Saigon, Last Night of the World, The American Dream West Side Story I Feel Pretty, Maria, Something's Coming, Tonight, One Hand One Heart, Cool, America Phantom of the Opera The Phantom of the Opera, Think of Me, Angel of Music, The Music of the Night, Masquerade, All I Ask of You Movie Spectacular Themes from Batman, Dances with Wolves, Robin Hood Themes from "2001" LINTER...MISSION "Hits From the Silver Screen" arr. Jay Bocook Leonard Bernstein Andrew Lloyd Webber arr. Jay Bocook Richard Strauss A Salute to MGM's "That's Entertainment" arr. Ian Polster You Are My Lucky Star, The Trolley Song, The Boy Next Door, Be My Love, Honeysuckle Rose, Broadway Melody, It's A Most Unusual Day, You Made Me Love You, San Francisco, Singin' in the Rain Highlights from "Chariots of Fire" Themes from 007 The James Bond Theme, For Your Eyes Only, Live and Let Die, Goidfinger The Music of Star Wars arr. Calvin Custer John Williams SAN DIEGO C.-HAMPER ER ORCHESTRA Performance Contract Agreement, as follows, by the SAN DIEGO CHAMBER ORCHESTRA ("SDCO") and Nat'• I City ("Presenter"). l.' "SDCO" will perform on the following concert's:_ Sundnv Aunyst 9th 7:30 7m for tin to 7S minutes in lenoth without an intermission(there is an option of a two-hour performance if desired) Rehearsal/s, if any. for the above are: N/A 2. Repertoire: _ To be decided. please safer to program notions, 3. "Presenter" will provide the following: ell-dav access to site: private. him-.auaiity rest -room fneilitics for musicians: reserved parking area for musicians: cold drinking water "backstage" for musir_inns 4. Other:_Orchestra overtime, caused by "Presenter" or its agents, will be reimbursed at the rate of S125.00 per live minute increment starting 76 minutes after the announced starting time of the performance 5. "SDCO" will be paid the sum of S20.00Q by the final performance. (If, for any reason. the concert's is canceled with less than 35 days notice, the entire fee will be due.) 6. "SDCO" shall have the right not to perform hereunder, without liability to the "SDCO" if: A. "Presenter" fails to comply with the terms and conditions applicable herein, in which case "Presenter" may also be liable for any damages resulting therefrom, or; B. "SDCO" is unable to perform because of labor difficulties, strike, civil tumult, acts of God, acts or regula- tions of public authorities, epidemic, interruption of transportation service, or any other causes beyond "SDCO's" control. SAN DIEGO CHAMBER ORCHESTRA PRESENTER BY: BY: PRINT NAME: PRINT NAME: DATE: DATE: Dcnold Borro .music Director 2210 Enctnires 3lvd.. Suite M • Enc.ntres, CA C2C24-5829 Sox 3333 • Rancho Scrim Fe. CA C2067-3333 Phor.e: 760-753-6402 • Fcx: 760-753-2C5 888-848-5DCO • 888-648-7326 Geoffrey R. Brooks Exec.:nve Clrecror City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE June 2. 1998 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE AMENDING CHAPTER 10.68 OF THE NATIONAL CITY MUNICIPAL CODE BY RETITLING SAID CHAPTER "FIREARMS," AND ADDING TO SAID CHAPTER SECTION 10.68.020 PERTAINING TO TRIGGER LOCKS ON FIREARMS. PREPARED BY 1'George H. Eiser, III DEPARTMENT City Attorney EXPLANATION As directed at the May 21 City Council meeting, I have prepared the attached ordinance prohibiting any firearm dealer from selling, giving, lending or transferring ownership of any firearm without also providing a trigger locking or similar device approved by the Chief of Police. If a trigger -locking device cannot be attached because the firearm lacks a trigger guard, a lockable bag or box approved by the Chief of Police shall be used instead. The ordinance does not prevent the firearm dealer from recovering the cost of the trigger lock from the transferee. The ordinance prohibits a firearm dealer from selling, giving, lending or transferring a firearm without providing written material, approved by the Chief of Police, that advises the user of safe firearm storage practices. The firearm dealer shall obtain from the transferee a signed acknowledgment that the trigger locking device and printed material has been provided, which shall be retained by the firearm dealer. The ordinance shall be effective ninety (90) days after the Chief of Police sends written notice to the firearm dealer of the requirements of the ordinance. The ordinance does not apply to firearms that are curios or relics, as defined by federal law, or to a temporary lending transaction in which the firearm does not leave the premises of the dealer. X Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Enact Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance. Resoie,ti„n ?to. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNC L OF THE CITY OF NATIONAL CITY AMFNDu iG CHAPTER 10.68 OF THE NATIONAL CITY MUNICIPAL CODE BY RETITLING SAID CHAPTER "FIREARMS," AND ADDING TO SAID CHAPTER SECTION 10.68.020 PERTAINING TO TRIGGER LOCKS ON FIREARMS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 10.68 of the National City Municipal Code is retitled "Firearms". Section 2. That Section 10.68.020 is added to Chapter 10.68, to read as follows: 10.12.010 Provision of Trigger Locks. A. It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of any firearm without also providing with the firearm a trigger locking or similar device approved by the Chief of Police. The trigger locking or similar device shall be designed to prevent the unintentional discharge of the firearm. The trigger locking or similar device shall be attached to the firearm prior to the completion of the sale, gift, lending or transfer transaction, and the firearm must leave the premises of the firearms dealer with the trigger locking or similar device attached. If a trigger locking or similar device cannot be attached because the firearm lacks a trigger guard, a lockable bag or box approved by the Chief of Police shall be used in lieu of a trigger locking or similar device. Nothing in this section shall prevent the firearms dealer from recovering the cost of the trigger locking or similar device by charging a price for the lock or similar device, either separately or as part of the price of the firearm. B. It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of any firearm, without providing with the firearm printed material, approved by the Chief of Police, that advises the user of safe firearm storage practices. C. In connection with any sale, gift, loan or transfer of a firearm, the firearm dealer shall obtain from the person receiving the firearm a signed acknowledgement that a trigger locking or similar device required by Section 10.12.O10A, and the printed material required by Section 10.12.O10B, has been provided with the firearm. The acknowledgment shall be in a form approved by the Chief of Police. The firearm dealer shall retain signed acknowledgments of receipt in the same manner and to the same extent as required by State law for other firearm transaction records. D. A firearm dealer who has fully complied with the provisions of this section relating to trigger locking or similar devices shall not be presumed to have made any representation to the transferee regarding the safety or appropriateness of the use of the trigger locking or similar device. nor shall the firearm dPn1er be liable in any civil action brought against the firearm dealer, to the extent such liability would be based solely upon the act of furnishing the trigger locking or similar device to a person in compliance with this Section. Ordinance No. Page Two E. The requirements of this Section shall be in force and effect, and shall apply to all firearms dealers now or hereafter licensed, ninety (90) days after the date of which the Chief of Police sends written notice to currently -licensed firearms dealers of the requirements of this Section pertaining to approved trigger locking or similar devices, printed safety material and form of acknowledgment. F. The provisions of this Section shall not apply to temporary lending transaction in which the firearm does not leave the premises of the firearms dealer. G. The requirements in Sections 10.12.010 A, B and C shall not apply to firearms that are curios or relics, as defined by federal law, Title 27 Code of Federal Regulations, Section 178. H. The requirements in Sections 10.12.010 A, B and C shall not apply to firearm dealers when they are involved in private party transfers conducted pursuant to California Penal Code Section 12082. PASSED and ADOPTED this day of , 1998. ATTEST: Michael R. D0112 City Clerk APPROVED AS TO FORM: George H. Eiser, , III City Attorney George H. Waters, Mayor PREPARED BY Harold Phelps\ EXPLANATION. The City Council approved the amendment after holding a public hearing last week. The ordinance is attached for first reading. City of National City, California COUNCIL AGENDA STATEMENT June 2, 1998 MEETING DATE SECOND READING AGENDA ITEM NO 6 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 (ZONING) OF THE MUNICIPAL. CODE REGARDING PARKING REQUIREMENTS IN THE COMMERCIAL SHOPPING CENTER (CSC) ZONE. CASE FILE NO. A-1997-3. fj DEPARTMENT Planning Department Environmental Review X N/A Financial Statement N/A Account No STAFF RECOMMENDATION That the ordinance be adopted. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Ordinance Resolution No ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA. AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING REGULATIONS REGARDING PARKING REQUIREMENTS IN THE COMMERCIAL SHOPPING CENTER (CSC) ZONE. CASE FILE NO. A-1997-3 BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 18.58.290 of the National City Municipal Code is amended to read as follows: 18.58.290 Schedule of parking requirements -- Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses: Structures and Uses Automobile. truck. boat. camper vehicle. or similar vehicle sales. or rental establishment located in the commercial zones Automobile and truck repair service establishments Restaurants, nightclubs, cocktail lounges. bars, and similar establishments for the sale and consumption of food or beverages on the premises Off -Street Parking Required I space for each 2 employees of the shift of maximum employment. plus 1 space for each vehicle used in conjunction with the use 1 space for every 800 square feet. or fraction thereof,. of gross floor area. plus 1 space for any amount of vehicles used in conjunction with the business 1 space for each 5 fixed seats. plus 1 space for every 35 square feet of area available for assembly where there are no fixed seats. plus I space for each 2 employees on the largest shift. In no event shall less than 10 parking spaces be provided for such uses CONTINUED ON PAGE Ordinance No. Page 2 of 3 Eating places. take-out and drive-thru Goods and services (Use Groups 17. 18 and 19) located in individual buildings with a single use Video tape rental and sale; laundromat (self-service); barber and beauty shops Existing commercial shopping centers with multiple uses New commercial shopping centers with multiple uses Shopping centers in the CSC zone (existing or new construction) Wholesaling and distribution Warehousing and storage 1 stall for every 100 square feet of gross floor area, but in no event shall less than 10 parking spaces be provided for such uses 1 space for every 250 square feet of gross floor area 1 space for every 100 square feet of gross floor area Existing shopping centers shall be required to maintain the parking ratio which was applied during site plan approval 1 space for every 200 square feet of gross floor area 4.5 spaces for every 1,000 square feet of gross leasable floor area 4 spaces. plus 1 space for every 1,000 square feet of gross floor area or fraction thereof over 4,000 square feet 1 space, plus 1 space for each 2 employees Heavy equipment and 1 space for each 2 employees of the shift of machinery (Use Group 20) maximum employment, or 1 space for every 1,000 square feet of enclosed or covered area, whichever is greater. Section 2. That the City Council has considered Negative Declaration No. IS- 1997-5, approved by the Planning Commission on April 20, 1998. and certifies that the Negative Declaration has been approved pursuant to the requirements of the California Environmental Quality Act, and that the Initial Study and Negative Declaration adequately address the effects of the project as approved. and that no significant environmental impacts will result from the proposed project. CONTINUED ON PAGE Ordinance No. Page 3 of 3 Section 3. That the Code amendment to change the parking standards for commercial shopping centers to 4.5 parking spaces per 1,000 sq. ft. of gross leasable area is consistent with data from other shopping centers and current industry standards used for calculating parking demand at shopping centers based on the square footage of gross leasable area. Section 4. That the Code amendment is consistent with the General Plan, since the General Plan contains policies which encourage adoption and review of appropriate regulations and procedures, such as revised parking standards for commercial shopping centers. The amendment would only affect the Commercial Shopping Center (CSC) zone, which currently only includes the Plaza Bonita shopping center. PASSED and ADOPTED this ATTEST: MICHAEL R. DALLA, CITY CLERK APPROVED AS TO FORM: day of , 1998. GEORGE H. EISER. III -CITY ATTORNEY GEORGE H. WATERS, MAYOR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 1998 AGENDA ITEM NO. (-ITEM TITLE CONSIDERATION OF A LETTER OPPOSING THE PROPOSED CITY OF SAN DIEGO "SOLID WASTE DISPOSAL RECYCLING FEE." PREPARED BY EXPLANATION George H. Eiser, III 9iDEPARTMENT City Attorney In the aftermath of the disintegration of the County -operated solid waste collection and disposal system, National City in 1997 joined the Cities of Del Mar, Encinitas, Poway, Solana Beach and Vista to form the Regional Solid Waste Association ("RSWA"). One of the main purposes of forming RSWA was to provide stable, long term, cost effective options for all aspects of solid waste disposal. National City is represented on the RSWA Board by Councilman Morrison. Recently, the RSWA Board determined to oppose a proposed City of San Diego Solid Waste Disposal Fee. The proposed fee would consist of a $6.50 per ton charge upon all trash deposited in the Miramar and Sycamore Landfills. This would not only directly affect those jurisdictions whose trash is deposited in those landfills, but could potentially provide an opportunity for a corresponding charge at the Otay Landfill, into which trash from National City is deposited. The City of San Diego staff has attempted to justify the proposed fee as necessary to offset its AB 939 recycling costs. However, upon close scrutiny, it appears that the proposed fee would actually constitute a tax. The RSWA Board requested that its member cities go on record with the City of San Diego as opposing the proposed fee. (-Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Authorize the Mayor to send a letter in opposition to the proposed charge. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Draft letter. DRAFT June 3, 1998 Mayor Susan Golding Councilmembers Mathis, Wear, Kehoe, Stevens, Warden, Stallings, McCarty and Vargas City of San Diego 202 "C" Street San Diego, CA 92101 RE: Proposed City of San Diego Solid Waste Disposal Recycling (AB 939) Fee Dear Mayor Golding and City Councilmembers: As you are well aware, the system for collection and disposal of solid waste within San Diego County has in recent years been marked by instability and uncertainty, due in large part to the actions of a past Board of Supervisors. Many of the incorporated cities in the county have in response to this situation had to take unprecedented actions in an attempt to ensure the uninterrupted collection and disposal of solid and household hazardous waste for their citizens, which is certainly one of the fundamental responsibilities of local government. Part of this effort to return stability to the solid waste disposal system is reflected in the formation in 1997 of a joint exercise of powers agency known as the Regional Solid Waste Association ("RSWA"). RSWA is comprised of the Cities of Del Mar, Encinitas, National City, Poway, Solana Beach and Vista. One of the main purposes of forming RSWA, as stated in the agreement that established the Association, was "to provide stable, long term, cost effective options for all aspects of solid waste disposal." It has recently come to the attention of the RSWA member cities, including National City, that the City of San Diego is considering imposition of a $6.50 per ton recycling (AB 939) fee for disposal of solid waste at landfills within the City of San Diego. The member cities of RSWA view the imposition of such a fee as counterproductive and as leading to further instability for solid waste disposal in the county. Further, we are aware of at least one legal analysis concerning the proposed fee that leads us to conclude that the proposed fee is not a fee at all, although it may be referred to as one, but rather a tax subject to the requirements of Proposition 218. We wish to go on record as being unequivocally opposed to the proposed fee. June 3, 1998 Page Two With the County of San Diego no longer in a leadership role in the area of solid waste disposal, we believe that it is left to the incorporated cities in the county, including the City of San Diego, to work cooperatively to restore stability and predictability to our solid waste disposal system. In keeping with this objective, we urge you not to implement the recycling (AB 939) fee which is currently under consideration. Very Truly Yours, George H. Waters Mayor City of National City, California COUNCIL AGENDA STATEMENT June 2, 1998 MEETING DATE AGENDA ITEM NO. ITEM TITLE NOIICE OF DECISION - CONDIIIONAL USE FERMI I -OR THE SALL Ur BEER AND WINE IN A SPECIALTY MARKET AT 1235 HIGHLAND AVENUE. APPLICANT: CHAN KYU CHOE and SUN OK CHOE. CASE FILE NO. CUP-1998-3 PREPARED BY Ron Santos - Assistant Planner DEPARTMENT Planning EXPLANATION. the applicant requests a CUP for the sale of Japanese and Korean beer and saki for off -site consumption, as an incidental use to an existing Korean specialty market. Planning Commission voted to approve the application at the May 4, 1998 meeting, subject to compliancy with several conditions, including a 100 sq. ft. limitation on display area (4.5% of store) and a requirement that all alcoholic beverages be maintained at room temperature. Adopted conditions also require Commis- sion approval prior to any significant change in mode or character of the business operation and establish an automatic expiration of the permit upon discontinuance of the use for six or more months. The Police Dept. provided written objection to approval of the application, noting an over concentration of alcoholic beverage outlets in the area and a higher than average crime rate for the reporting district. Other businesses licensed to sell alcohol in the vicinty are shown on the attached location map. All conditions of approval recommended by the Police Department were adopted by the Commission. The applicant spoke in favor of the request, asserting that the beverages he intends to sell currently have limited availability within the community. Commissioners cited an intent to address public convenience in support of approval, and added a condition limiting alcohol sales to only Korean and Japanese beer and saki. 8 Environmental Review Financial Statement N/A N/A Account No. T F RECCOMMENDdATION concurs wt e ecisiun of the Planning Commission and recommends that the Notice of Decision be filed. fi 9 BOARD/COMMISSION RECOMMENDATION The Planning Commission voted to approve Me application. Vote: Ayes: Baca. Flores, Godshalk, Detzer, Martinelli. Valderrama Absent: Flores. Large ATTACHMENTS (Listed Below) 1. Resolution -98 2. Location Map Resolution No 4-7:0 '0° RESOLUTION NO. 5-98 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY. CALIFORNIA. APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WI -NE IN A SPECIALTY MARKET AT 1235 HIGHLAND AVENUE. APPLICANT: Chan Kvu Choe. Sun Ok Choe CASE FILE NO. CUP-1998-3 WHEREAS. the Planning Commission of the City of National City considered a Condi- tional Use Permit application to allow the sale of beer and wine as a use incidental to an existing specialty market located at 1235 Highland Avenue at the regularly scheduled Planning Commis- sion meeting on May 4, 1998, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-1998-3, which is maintained by the City and incorporated herein by reference: and. WHEREAS. this action is taken pursuant to all applicable procedures required by State law and City law; and. WHEREAS. the action recited herein is found to be essential for the preservation of pub- lic health, safety, and general welfare. NOW. THEREFORE BE IT RESOLVED by the Planning Commission of the City of National City. California. that the testimony and evidence presented to the Planning Commission at the public hearing held on May 4, 1998. support the following findings: 1. That the site for the proposed use is adequate in size and shape. since the use would be established in an existing commercial building with adequate floor space to accommodate the proposal. No significant increase in demand for parking is expected. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use. since access is provided from Highland Avenue. an arterial roadway with sufficient capacity to handle the less than significant increase in traffic expected. That :he proposed use will not have an adverse effect upon adjacent or abutting properties. since the surlec: building is surrounded by compatible. aomumerctal uses to the north. south and west and is oriented away from residential uses to the east. The sale of Peer and wine will be an Encidentai use to the sale of food items within the existing market. That the nroposcd use is deemed essential and desindbie to the puHlie convenience and we..J.e. ci:.cc it «111 provide opportunities to purchase 'item deemed to Pe .n demand 'n ' BE IT FURTHER RESC)L7ED that the application for Conditional Use Permit is approved subject to the following conditions 1. Sales of alcoholic beverages shall be permitted only between the hours of 9:30 ANi to 8:30 PM Monday through Saturday and 10:30 ANi to 6:00 Ptii on Sunday. 2. Beer shall not be sold in single containers. but must be sold in manufacturer's ore -packaged multi -unit quantities. 3. The sale of beer in quantities of quarts. 22 oz. 32 oz. 40 oz, or similar size containers is prohibited. No beer shall be sold in quantities of less than six per sale. 4. No alcoholic beverage shall be consumed, and possession of alcoholic beverage open containers is prohibited. on the applicant's premises and on any property adjacent to the applicant's premises under the control of the applicant. 5. There shall be no cups, glasses, or similar receptacles commonly used for the drinking of beverages, sold, furnished with purchase or given away at the applicant's premises in quantities not less than twenty-four in their original multi -container package. 6. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than five pounds per sale and shall not be given away free. 7. The display of alcoholic beverages shall be limited to an area not exceeding 100 sq. ft. 8. Use of the property shall be limited to a grocery store with the sale of Korean and Japanese beer and saki as an incidental use. 9. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within. promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 10. The applicant shall keep the property adjacent to the licensed premises and under the control of the applicant. clear of newspaper racks, benches. pay telephones. bicycle racks. and any other object which may encourage loitering. 11. All alcoholic beverages to be sold at the applicant's premises shall be maintained at room temperature and shall not be stored within a cooler, ice box. refrigerated display case or any similar repository. 12. Planning Commission approval of a new or modified conditional use permit shall be required for any significant change in mode/character of the business operation. 13. Before this Conditional Use Permit shall become effective, both the applicant and the properrowner shall sign and have notarized an Acceptance Form, provided by the Planning Dept.. acknowledging and accepting ail conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of CUP-1998-3 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 14. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 15. This permit shall expire if the use authorized by this resolution is discontinued for a period of six months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 16. Alcoholic beverages which may be sold are limited to Korean and Japanese beer and saki. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review. unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting.. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 18. 1998. by the following vote: AYES: NAYS: ABSENT. ABSTAIN: Deicer, Martinelli, Valderrama, Baca, Gcdshalk .:r,e. Flores I Fedco, Inc 220 Hong-Yun CG 'Restaurant SEOUL MARKET _..1235-1241 HIGHLAND AVE /CZ: /GM.6 /025 127Z /02.' /O23 Bear Rock Restaurant 12. //23 /127 1129 //3/ ROR. 'L C7 2 //95 //'5 .739 //4: l/43 Chuck E. Cheese's //A/ //53 L;S Imo — — wi -, ` // I2 t h mem — .II ST_i F.'i" I ., a a :� w �: ,z i r20! �'' Cl1e _ �Ist r I 1 12 513 14 I 3;; yf !'= !2_'_ ^^ = I Ia ," -a IY �V24C:G::,..1 l -RS-2 - fat ir CC x ^ N ZG a is q :SC 23 / : ...319 CY I 5 .323 G:5< I!_352 3 18 /336 z .333 •• E /'.74QIosc 1 17 /346 > 1345 uj „ 1 ceStau.An1 16 /404tpid -� /406 � .• • -I Q /4/7 F -km /406 , ow�. kw— '0t� /427 7 1 14 /4/8 �T 8 ■ 13 /426 /429 I I 16 /43C 2: /33C 87. ---T---1 /oOC /336 6 2 /34 C r405 7 18 /542 /440 pm is ' 2 -RS-34 416 I xl Cafe ,2 /432 La Maze-- ...rat O 40 /. I5th /409 8 17 /4/4 /4/7 a 16 /424 IMO /433 II IG /436 .K Z I IN/ :345 /4C5 /4/5 /429 :M37 • y,.4, I2 I3 /440¢ /44/ SCALE: = 220" NORTH S, IOC PROJECT SITE EXISTING BUILDING - ZONE BOUNDARY LOCATION MAP 1235-1241 HIGHLAND AVENUE CUP-1998-3 C � DRN. DATE: REVISJCNS. riE.-4RING. NATIONAL CITY PLANNING $ -_-_ City of National City, California COUNCIL AGENDA STATEMENT June 2, 1998 9 MEETING DATE AGENDA ITEM NO TEMPORARY USE PERMIT - ST. ANTHONY OF PADUA CATHOLIC CHURCH ITEM TITLE PREPARED BY Michael Bouse, Director DEPARTMENT Building and Safety EXPLANATION This is a request from St. Anthony of Padua Catholic Church to conduct a fund raising event in the parking lot at Kimball School from 5:00 a.m. to 5:00 p.m. on Sunday, September 6, 1998. This fund raising event is to benefit St. Anthony's Building Fund and will consist of setting up tables, tents, and canopies to sell food and other items. A low -rider car show and live entertainment will be the main attraction at the event. The request includes closure of Harding Avenue between 18th and 19th Streets. This area of Harding Avenue is a bus route, therefore, National City Transit has agreed to detour bus service on the day of the event. The Public Works Department estimates the deployment and retrieval of barricades for the street closure will cost $134.56. The Parks and Recreation Department has noted the sponsors have requested the use of the City's portable stage, which typically has only been approved for events co -sponsored by the City. If the City Council approves the use of the portable stage, then the Parks and Recreation Department recommends that the applicant reimburse the department in the amount of $360 in un-budgeted overtime expense. The event does not qualify for a waiver of fees pursuant to City Council Policy No. 704. Environmental Review X N/A Financial Statement The City has incurred $228.00 in costs in processing the T.U.P. application through various City Departments. In addition, the Parks and Recreation Department is requesting $360 reimbursement in un-budgeted overtime expense should the use of the portable stage be approved, and Public Works costs are estimated to be $134.56. Account No. N/A STAFF RECOMMENDATION Provide direction to staff regarding the use of the City's portable stage, and approve the application for a Temporary Use Permit subject to compliance with all conditions of approval, including reimbursement for Parks and Recreation and Public Works costs as applicable. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A200-1 DOC A-::9 !Ce. 1/80' CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: St. Anthony of Padua Catholic Church DATE OF ACTIVITY: Sunday, September 6, 1998 TIME: 5:00 a.m. to 5:00 p.m. APPROVALS: FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE STIP/COMMENTS [ x POLICE YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] PARKS & REC. YES [ ] NO [ ] SEE STIP/COMMENTS [ x ENGINEERING YES [ ] NO [ ] SEE STIP/COMMENTS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] RISK MANAGER YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] COUNTY HEALTH DEPT. YES [ ] NO [ ] SEE STIP/COMMENTS [ x ] NATIONAL CITY TRANSIT YES [ ] NO [ ] SEE STIP/COMMENTS [ x ] SPECIFIC STIPULATIONS: FIRE 1. Fire Department permit is required. Permit to be obtained from the Fire Department. Permit fee is 565. 2. Maintain Fire Department access at all times. 3. Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet. Tents and canopies shall be flame-retardant treated. Permit fee is $65. Permit to be obtained from the Fire Department. 4. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy five (75) feet. 5. 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. 6. All canopies used in cooking areas are to be flame-retardant treated. PUBLIC WORKS 1. Barricades for blocking Harding Street between 18th to 19th can be delivered to the Church site on Friday. September 4. by Public Works. 2. To be deployed and retrieved by sponsoring organization for pick-up by Public Works on Tuesday. September 8. Estimated cost is S134.56. PARKS AND REC. 1. The portable stage ordinarily is only used for activities that are co -sponsored by the City or for activities that take place on City property. If the City Council approves use of the stage for this event. there will be an overtime cost of S360. that would have to be paid by Parks and Recreation. Recommend the S360 overtime be charged. if the stage is granted. and that these funds be deposited in the Park overtime account. St. Anthony Church TUP-98 Page 2 ENGINEERING 1. Engineering may have a question as to whether or not the applicant will be using the City Streets for this event (blocking -up the street and setting the stands), or if the activities will be mainly within the school grounds. There is a concern with the traffic flow in and around this area. RISK MANAGER 1. Provide minimum limits of one million dollars per occurrence of general liability insurance, including product liability coverage. The certificate submitted is only for 5500, 00. 2. That the City of National City, its officials, employees, agents and volunteers as additional insureds on all policies. The certificate submitted does not include this language. 3. Execute standard hold harmless signed. COUNTY HEALTH DEPT 1. County Health Department will contact applicant to determine health permits for each food booth. NATIONAL CITY TRANSIT 1. No problem with National City Transit detouring this area for the day requested. FINANCE 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. TUPARV1 DCC City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REQUEST SUPPLEMENTAL QUESTIONNAIRE City Council Policy No. 704 contains the criteria for granting waivers of T.U.P. processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No. 704 The City Council shall waive T.U.P. processing fees only in the case of anon -profit organization, and when such organization can demonstrate that the event for which the T.U.P. is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P. is requested result in: 1. direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or 2. direct financial benefit to city government such as the generation of sales tax; or 3. direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club; or 4. direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) funding. PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING: Is the event for which the T.U.P. is sought sponsored by a non-profit organization? YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit this form with the T.U.P. Application to the Building & Safety Department) 2. If the answer to Question No. 1 was YES, please state the name and type of organization sponsoring the event for which the T.U.P. is sought and then proceed to Question No. 3. Name of Sponsoring Organization Type of Organization (Service Club, Church, Social Service Agency, etc_) Will the event generate net income or proceeds to the sponsoring organization? YES (If -YES. please proceed to Question No 4) NO (if NO, please sign the bottom of this form and submit the with the T P Application to the Building & Safety Department) If the answer to Question 3 is YES, will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 5) If YES, please explain who is to benefit from the proceeds and the general nature of the financial hardship: 5. Will the event provide a direct financial benefit to city government such as the generation of sales tax? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 6) If YES, please explain how the direct financial benefit to the city will occur: 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 7) If YES, please explain the organizations that are to benefit from the proceeds of the event and how the proceeds will be used by those organizations. Will the proceeds provide a direct financial benefit to an organization which has been the direct recipient of City of Community Development Block Grant (CDBG) funding? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) If YES, please state the year the City of Community Develop Block Grant (CDBG) funds were received and how those funds were used: Year funds were received. Funds were used to SIGNATURE A+rE 3/ �� THE CATHOLIC MUTUAL RELIEF SOCIETY 4223 CENTER ST, OMAHA, NE 68105 CERTIFICATE OF COVERAGE This is to certify that the following coverage is in force issued in the name of: THE ROMAN CATHOLIC BISHOP OF SAN DIEGO A CORPORATION SOLE PASTORAL CENTER P 0 BOX S5728 SAN DIEGO, CA 92186 Oertificate Number: 8585 Term: 7/01/98 - 7/01/99 Covered Premises: Location/Property ST ANTHONY OF PADUA PARISH, 1816 HARDING AVE, NATIONAL CITY,- CA 91950 Real Property Personal Property :eductible Coinsurance General Liability 500,000 Medical Payments (Combined single limit) (Each person -excluding school students) Excess Liability 500,000 COMMENTS: COVERAGE E.TENDS TO ST ANTHONY CAR SHOW FUNDRAISER HELD AT KIMBALL SCHOOL, NATIONAL CITY, CA ON 9-6-98. TOTAL COVERAGE EQUALS $1,000,000. :n the event of cancellation of this coverage the Society will mail notice thereof to: CHANCERY OFFICE SAN DIEGO, CA Should any of the above described coverages be cancelled before the expiraticn -ates thereof, the carrier will endeavor to mail 30 days written notice to the :ertificate holder, but failure to mail such notice will impose no obligation nor _iasi-_ty upon the Society. Lazed at OMAHA, NEBRASK.A Form Number 730209 .his 26TH 3Y / Aut or zed epresesitative :ay of APRIL 1998 St. Anthony of Padua Catholic Church 1816 Harding Avenue P. O. Box 1507 National City, Ca. 9195o Tel. (619) 477-4520 Fax (619) 477-8708 April 14, 1998 Summary Event and Activity There will be a car and bicycle show and live music, Folkloric Dance. There will be food stands, we will also set up tents and canopy's. Portable restrooms will also be provided. There will be security inside and at the entrance checking all people . We are expecting about two - hundred people to come. There will be stands with items for sale. Some parking will be provided by St. Anthony's Church. National City Police will be notified of event for support. Requesting to use: Portable stage and one city block, street location: 1816 Harding Avenue between St. Anthony's Church and Kimball School playground. "Certificate of Insurance will be provided" For questions please call: St. Anthony's Office or Ignacio Gutierrez at 426-1907 pager 898-0976 Sincerely, (Ignacio Gutiexre�) pasop aq ol ;awls (I 1').) ( -- I :i: AVI 1F1ANSPORIATION,A Mi ••••4.• 10.1•0+041l Ira FIAFFLY AVE, 4 ••*,,••-r.0 ".1) HARRISON AVr. qfvELAND AVE MC 'INLEY .71 44'* 4.{'444A111 ;144444 ittWaillrarAMiliii0-101,41,1A44,4 A Ittiii..-LIT6 A" PLEASE COMPLETE (Print or Type) NAME OF APPLICANT: Sim ADDRESS. /i/. - PHONEY/A?) 1'/7-yS10 SIGNATURE OF APPLICANT y a.'>71 �J Mom, DATE. Z) / Z3( (This FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) n; o (FOR OFFICE USE ONLY) PERMIT FEES. $228 .00/Paid PERMIT NO.: USE GROUP: USE CLASS. BOND: N/A PERMIT EXPIRATION DATE. SPECIFIC STIPULATIONS / COMMENTS: (SEE ATTACHED) (DATE APPLICATION RECEIVED) BUILDING AND SAFETY DEPT. RECEIVED APR 2 3 1998 NATIONAL CITY, CALIF. APPROVALS I STIPULATIONS (Check Where Applicable): PLANNING YES [ ] NO [ ] SEE STIP ( ] Initial Date FIRE YES ( ] NO [ ] SEE STIP ( Initial Date PUBLIC WORKS YES [ I NO [ I SEE STIP [ ] Initial Date FINANCE YES [ ] NO [ ] SEE STIP [ ] Initial Date POLICE YES [ ] NO [ ] SEE STIP [ ] Initial Date PARKS & REC. YES [ ] NO [ ] SEE STIP [ ] Initial Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] Initial Date CITY ATTORNEY YES [ I NO [ ] SEE STIP [ ] Initial Date RISK MANAGER YES [ I NO [ ] SEE STIP [ I Initial Oats COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] nitial Date OTHER Co. Health Dept. YES ( I NO [ ] SEE STIP ( ] Initial Date OTHER N.C. Transit toival Date CITY COUNCIL MEETING DATE: June 2, 1998, 3:00 ❑.n. TEMPORARY USE PERMIT: APPROVED [ I DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES ( ] NO [ ] COMMENTS: MICHAEL ROUSE. BUILDING & SAFETY DIRECTOR DATE 001-3585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HERESY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Pant or Type): SPONSORING ORGANIZATION(s): ORGANIZATION ADDRESS: / / yan DZ., ,ops /` f/�A 7/7f0 PHONE:�z/4/977`S�Id City State Zio LOCATION OF EVENT:l4UO/ P/A.7,47n viv/) • DATE REQUESTED FOR EVENT: FROM SeP y TO SA MC nA// HOURS OF USE ON DAY OF EVENT: FROM . 5 %'4 - .M / P.M. TO 5 PIN A.M. / C.M. C (SETUP DATE/TIME) DATE SAP/.S TIME /O 4M-A-HI•/P.M. (TE4RDOWN DATE /TIME) DATE ) /6 TIME G "A/ BRIEF DESCRIPTION OF EVENT: La-,4/0 chn /.// 4 wY A4-1P.M (A brief summary of the event/activity may be attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: Z9/NAC/U ,� AneZ. _�G•h4 HOW MAY THIS PERSON BE CONTACTED', e� y.2/-`T/D7 n� Qf 574g-09JG a.. EL 8070/'7? SPECIFIC USE REQUEST: SCh6o/ ///r��ter% cy / / / JUSTIFICATION: �/' .<, e ; Se f•eid � ,1 r b,., �r7 �,4.Aj/j' is...,;.�. � REQUEST TO SELL, OR SERVE ALCOHOL BEVERAGES: YES( ] NO(�] — WILL FOOD/ DRINK BE SOLD: YES( V] NO( ] (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event recwr:ng a T. U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in :he oarxs. such as the Community Center. which will continue to be subject to the approval of the City Council.) WAIVER OP FEES REQUESTED: YES( NO[4 (if "YES" complete acacnec supplemental questionnaire form) FAC:L:T:ES. When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING. NOISE. C ,RO`ND. TRAFFIC CONTROL. „E_'.:R^ CONTROL. PAR'K'.NGE.4RRRICACES. FL,-ER:OCR _:GHTING;ELECTRICAL. TRASH _.,:-SAL SITE CLEAN :.FTER EVENT ITEM #10 6/2/98 Closed Session Report Date of Closed Session: Purpose: ❑ §54956.7 ❑ §54956.8 Z §54956.9 ❑ §54957.6 ❑ §54957 February 24, 1998 License/Permit Determination Real Property Negotiations Pending Litigation Labor Negotiations Threat; Employee Appointment, Evaluation, Discipline NOT A PUBLIC RECORD UNTIL THE INFORMATION IS THIS BOX IS COMPLETED, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY ATTORNEY'S OFFICE Release Authorized: By: May 27, 1998 Title: George H. Eiser. III. City Attorney Subject Matter of Session: Consider approval of Settlement Agreement and Release in two actions pending in San Diego County Superior Court. and one pending action in U.S. District Court. Southern District. Property Identification (if Applicable): N/A Name of Case and Court Number (if applicable): Action(s) taken or directions given: Council Members and Their Votes: See attachment Settlement Agreement and Release approved. Name: Ave No Abstain Absent Mayor Waters X Vice -Mayor inzunza X 2ouncilmember 3eauchamp X :ouncilmember Morrison X 2ouncilmember :crate X ✓oting Tally 5 von -Disclosure of action taken recommended (check if yes) ❑ _egal Justification (if yes) (see §54597.1): E Disclosure would interfere with service of process E Disclosure would impair ability to settle ❑ Negotiations not complete/final agreement not approved ❑ Employee dismissal/administrative remedies not exhausted .xpianation: * If absent because disqualified by reason of conflict of interest. If absent for reasons other than disqualified by reason of conflict of interest. pproved: gorge H. Eiser, I� City Attorney, Ci of National City S Dated: S' i 7 - 98 7 1) Herbert Fox. et al. v. County of San Diego. et al. San Diego Superior Court, Case No. 688773 2) Bay National Properties. et al. v. County of San Diego. et al. San Diego Superior Court, Case No. 694955 3) Herbert Fox. et al. v. County of San Diego. et al. United States District Court, Southern District of California, Case No. 96-CV-1883B (LAB)