HomeMy WebLinkAbout1998 04-28 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - APRIL 28, 1998 - 6:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL 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 ASSISTANT CITY MANAGER, PARK
MORSE
INVOCATION
APPROVAL OF THE MINUTES OF A REGULAR MEETING OF APRIL 21, 1998.
COUNCIL AGENDA
4/28/98 Page 2
PROCLAMATIONS
Proclaiming May 7, 1998 to be: "NATIONAL DAY OF PRAYER"
Proclaiming the week of May 17 — 23, 1998 to be: "NATIONAL PUBLIC
WORKS WEEK"
INTERVIEWS/APPOINTMENTS
Traffic Safety Committee - Appointment
PUBLIC HEARINGS
1. Public Hearing to consider an Ordinance to adopt by reference Title 6,
Division 6, Chapter 3 of the San Diego County Code of Regulatory
Ordinances, relating to tattoo parlors and mobile tattoo vehicles. (City
Attorney) ""Refer to Item #7*"
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.
2. Resolution No. 98-46
Resolution of the City Council of the City of National City approving
Supplemental Agreement No. 2 for the widening of Division Street from Drexel
Avenue to the easterly City limits. (Engineering Specs No. 96-5) (Engineering)
3. Proposed Annual Master Calendar. (City Manager)
COUNCIL AGENDA
4/28/98 Page 3
CONSENT CALENDEAR (Cont.)
4. WARRANT REGISTER #41 (Finance)
Ratification of Demands in the amount of $410,919.17.
NON CONSENT RESOLUTIONS
5. Resolution No. 98-47
Resolution of the City Council of the City of National City authorizing the Mayor
to execute a Maintenance and Operating Agreement for the Multi -Cultural
Service Center with the Pilipino American Community of National City
(PACNC). (City Manager)
6. Resolution No. 98-48
Resolution of the City Council of the City of National City endorsing the one -
quarter cent sales tax to be used to raise revenues for library programs,
operations, and facilities. (Library)
ORDINANCE FOR ADOPTION
7. An Ordinance of the City Council of the City of National City amending the
National City Municipal Code by amending Title 6 by repealing Chapter 6.72
(Tattooing) and amending Title 9 by adding Chapter 9.54 regulating tattooing
through adoption of Chapter 3 (commencing with Section 66.301) to Division 6
of Title 6 of the San Diego County Code of Regulatory Ordinance relating to
tattoo parlors and mobile tattoo parlors. (City Attorney) **Refer to Item #1 **
COUNCIL AGENDA
4/28/98 Page 4
WRITTEN COMMUNICATIONS
8. Letter from PACNC requesting permission to serve beer and wine at a
gathering to be held at the Pilipino-American Community Center (PACNC) on
Saturday, May 2, 1998, between 5:00 and 11:00 PM.
NEW BUSINESS
9. Consider authorizing letter of support for Assembly Bill 2228 (Davis). (City
Attorney)
-> CITY MANAGER
-� CITY ATTORNEY
10. Closed Session Report
- 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.
COUNCIL AGENDA
4/28/98 Page 5
ADJOURNMENT
Council Workshop — College Issue - May 4, 1998 — 4:00 p.m. — Large
Conference Room, Civic Center.
Next Regular City Council Meeting — May 5, 1998 - 3:00 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
Prinittmtttinn
WHEREAS, We live during a time of great and historic change, a time that has seen the rise of
newly democratic nations and the fail of once firmly entrenched totalitarian
regimes. As we seek to chart a proper course in a world that is changing by the
hour, our observance of a National Day of Prayer reminds us that we can always
place our trust in the steady, unfailing light that is the love of God; and
WHEREAS, Our ancestors trusted in the faithfulness of the Almighty, and they frequently
turned to Him in humble, heartfelt prayer. When they finally reached shores, the
early settlers gave thanks for their very lives ---and for the promise of freedom in a
new land; and
WHEREAS, The great American experiment in liberty and self-government has not only
endured but prospered. The triumph of freedom in this country has inspired the
advance of human rights and dignity around the globe; and
WHEREAS, Whatever our individual religious convictions may be, each of us is invited to join
in this National Day of Prayer. Indeed, although we may find our own words to
express it. each of us can echo this timeless prayer of Solomon, the ancient King
who prayer for, and received, the gift of wisdom:
}
4 L p
The Lord of God be with us, as He was with our fathers; may He not leave us or
forsake us; so that He may incline our hearts to Him, to walk in alLHis ways....that all the
people of the earth may know that the Lord is God; there is no other.
NOW, THEREFORE, 1, GEORGE H. WATERS, Mayor of the City of National
City, do hereby proclaim May 7, 1998 to be:
"NATIONAL DAY OF PRAYER".
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seai of the City of National City be
affixed this 28th day of April, 1998.
GEORGE H. WATERS
1rnrIamatinn
WHEREAS, Public works services provided in our community are an integral part of the
quality of our citizen's everyday lives; and
WHEREAS, The support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water,
sewer, streets and highways, utilities, public buildings, and solid waste
collection; and
WHEREAS, The quality of life and the health, safety, and comfort of this community
greatly depends on these facilities and services; and
WHEREAS, The delivery of services by the qualified and dedicated personnel who staff
utility and public works departments is materially influenced by the
people's attitude and understanding of the importance of the work they
perform.
NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National
ity, do hereby -proclaim -the week of May 17 - 23, 1998 to be:
"NATIONAL PUBLIC WORKS WEEK"
in the City of National City and call upon all citizens and civic organizations
to recognize the contributions which public works officials make every day
to our quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be
affixed this 28th day of April, 1998.
�GEORGE H. WATE
Office of the Mayor
1243 National City Blvd., National City, CA 91950 (619) 336-4230
George H. Waters - Mayor
APRIL 17, 1998
TO: COUNCILMEMBERS
FROM: MAYOR WATERS
SUBJECT: TRAFFIC SAFETY COMMITTEE
Currently there is one vacancy on the Traffic Safety Committee. Ms. Wisener was
interviewed by the City Council on April 7, 1998 and expressed an interest to be
considered for the above -subject committee.
If there are no objections, I recommend we appoint Maureen Wisener to the Traffic
Safety Committee to serve an unexpired term ending December 31, 1998. This item
will be placed on the Council Agenda for the meeting of April 28, 1998.
fL
GEORGE H. WATERS
MAYOR
GHW:nu
® Recticled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April28, 1998
**REFER TO ITEM #7
1
AGENDA ITEM NO
ITEM TITLE PUBLIC HEARING TO CONSIDER AN ORDINANCE TO ADOPT BY REFERENCE TITLE 6, DIVISION 6\
CHAPTER 3 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, RELATING TO TATTOO PARLORS
AND MOBILE TATTOO VEHICLES.
PREPARED BY
George H. Eiser, III ') " DEPARTMENT City Attorney
EXPLANATION.
As part of a proposed reorganization of Title 6 into a more functional orientation, and to address issues
regarding public health regulation, it is recommended that regulations covering tattooing be relocated to
Title 9 (Health Department) from Title 6. The San Diego County Health Department regulates this
business, and the ordinance will both adopt those provisions by direct incorporation and thereby allow the
Police Department to exercise concurrent jurisdiction in the event such a business chose to locate in
National City.
When, as in the present case, code provisions are adopted through incorporation by reference, said
adoption must be preceded by a public hearing.
The first reading of this ordinance occurred on April 7, 1998. The second reading of the ordinance is a
companion item on this agenda.
Environmental Review X N/A
Financial Statement
N/A
Account No
TAFF RECOMMENDATION
Hold public hearing.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACiMENTS (Listed Below/
Proposed Ordinance
San Diego County ordinance pertaining to tattoo parlors and mobile tattoo vehicles
Resolution No
A(200 (Rev °/?L'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING THE NATIONAL
CITY MUNICIPAL CODE BY AMENDING TITLE 6 BY
REPEALING CHAPTER 6.72 (TATTOOING) AND AMENDING
TITLE 9 BY ADDING CHAPTER 9.54 REGULATING TATTOOING
THROUGH ADOPTION OF CHAPTER 3 (COMMENCING WITH
SECTION 66.301) TO DIVISION 6 OF TITLE 6 OF THE SAN DIEGO
COUNTY CODE OF REGULATORY ORDINANCES RELATING
TO TATTOO PARLORS AND MOBILE TATTOO VEHICLES
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended to read as follows:
Tattooing.
follows:
Section 1. That Title 6 is amended by repealing Chapter 6.72 relating to
Section 2. That Title 9 is amended by adding Chapter 9.54 to read as
Chapter 9.54
TATTOOING
Sections:
9.54.010 Generally.
9.54.020 Adoption of regulations.
9.54.030 Enforcement and administration.
9.54.40 Regulatory fees.
9.54.010 Generally. It is in the public interest and welfare that any
person engaging in the business of tattooing be required to meet certain minimal standards
and that the business be regulated for the health and safety of the general public.
9.54.020 Adoption of regulations. A. The City Council hereby adopts
the provisions of Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the
San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be
amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile
tattoo vehicles within the City of National City. A copy of those provisions is on file in the
office of the City Clerk.
Ordinance No.
Page 2 of 2
B. It is unlawful for any person to operate a tattoo parlor, mobile tattoo vehicle or as a
tattoo artist in the City without a permit issued pursuant to the provisions adopted in Section
9.54.020A.
9.54.030 Enforcement and administration. A. The enforcement and
administration of this Chapter remains under the primary jurisdiction of the San Diego
County Health Officer and violations may be cited as violations of the applicable provisions
of the San Diego County Code of Regulatory Ordinances, or as a violation of Section
9.54.020B.
B. The Chief of Police may exercise concurrent jurisdiction with the County Health
Officer in administering this Chapter 9.54.
9.54.040 Regulatory fees. Applicants shall pay regulatory fees imposed
by the County of San Diego for licensing, in addition to any business taxes required by
Chapter 6.04. The Finance Director shall coordinate collection of such fees with the
cognizant officers.
PASSED and ADOPTED this 7th day of April, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
"9L
George H. Eiser, III
City Attorney
AN ORDINANCE ADDING CHAPTER 3
(COMMENCING WITH SECTION 66.301)
TO DIVISION 6 OF TITLE 6 OF THE
SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES
RELATING TO TATTOO PARLORS AND
MOBILE TATTOO VEHICLES
The Board of Supervisors of the County of San Diego ordains
as follows:
Section 1. Chapter 3 (commencing with Section 66.301) is
hereby added to Division 6 of Title 6 of the San Diego County Code
of Regulatory ordinances to read as follows.:
CHAPTER 3
TATTOO PARLORS AND 'MOBILE TATTOO VEHICLES
ARTICLE 1
DEFINITIONS AND GENERAL PURPOSE
Sec. 66.301. STATEMENT OF PURPOSE. The purpose of this
Chapter is to provide for the regulation of tattoo parlors and
mobile tattoo vehicles operating in the unincorporated territory of
the County of San Diego to prevent communicable disease which may
be spread through improper tattooing tech _au'es.
Sec. 6E3.302. DEFINITIONS. The following terms contained in
this chapter shall have the following meaning:
(a). APPROVED means acceptable to the Health Officer of the
County of San Diego.
(b). ASEPTIC TECHNIQUE means practices which prevent and
hinder the transmission of disease producing micro-organisms from
one person or place to another person or place.
(c). BIOHAZARDOUS WASTE means any of the following:
(1) Laboratory waste, including, but not limited to,
specimen cultures from medical and pathological laboratories,
cultures and stocks of infectious agents from research and
industrial laboratories, wastes from the production of biological
agents, discarded live and attentuated vaccines, and culture dishes
and devices used to transfer, inoculate and mix cultures or
material which may contain infectious agents and may pose a
substantial threath to health.
(2) Recognizable fluid blood elements and regulated
body fluids, and containers and articles contaminated with blood
elements or regulated body fluids that readily separate from the
solid portion of the waste under ambient temperature and pressure.
Regulated body fluids are cerebrospinal fluid, synovial fluids,
pleural fluid, peritoneal fluid, pericardial fluid, and amniotic
fluid.
(3) Sharps, which are objects or devices having acute
rigid corners, edges, or protuberances capable of cutting or
piercing, includinc, but not limited to hypodermic needles, blades
and slides.
(4) Contaminated animal carcasses, body parts,
excrement and bedding of animals including materials resulting from
research, production of biologicals, or testing of pharmaceuticals
which are suspected of being infected with a disease communicable
to humans.
(5) Any specimens sent to a laboratory for
microbiological analysis.
(6) Surgical specimens including human or animal
parts or tissues removed surgically or by autopsy.
(7) Such other waste materials that result from the
administration cf medical care to a patient by health care
providers and are found by the administering- agency or the localcal
Health Officer to
pose a threat to human health or the environment.
If there is a d;===,=nce in opinion between the adm_nisterina
agency and the local Health Officer, the local Hear--- Officer's
view will prevail. Health
HealthcSers ices. TM NT means The San Diego County Detartment of
(e). ENFORCEMENT OFFICER
County of San Diego or his/her
Environmental Health Services
designees and employees.
means the Health Officer of the
designees, the Deputy Director cf
or his/her assistant deputies,
(f). MOBILE TATTOO VEHICLE means a non -permanent, mobile
tattoo establishment operating at locations remote from the
permanent tattoo establishment, from which a tattoo artists does
tattooing for a fee or -for other consideration. —
(g). PERMIT means an annual permit issued to a tattoo parlor
or mobile tattoo vehicle by the Deputy Director of Environmental
Health Services.
(h). SINGLE SERVICE means one-time, one person use.
(i). TATTOO ARTIST means a person who engages in tattooing.
(j). TATTOO PARLOR EST_BLISHMENT means any permanent premises
where a tattoo artist does tattooing for a fee or for other
consideration.
(x). TATTOOING means any method of placing designs, letters,
scrolls, figures, symbols, or any other marks upon or under the
skin with ink or colors, by the aid of needles or instruments.
ARTICLE 2
TATTOO PARLORS
Sec. 66.303. CUSTOMERS.
(a). No tattooing shall be done on skin surfaces which have
rash, pimples, boils, infections or manifest any evidence of
unhealthful conditions.
(b). No tattoo shall be
age of eighteen (18) years of
(c). No tattooing shall
given a history of jaundice
previous thirty days.
Sec. 66.304. OPERATOR.
administered to any person under the
age.
be performed on any person, who has
or hepatitis infection within the
(a). The operator shall be free
have no pustular skin lesions.
(b). The ocerator shall
operation.
of communicable diseases and
not smoke during the tattoo
(c). The operator shall wear a clean, light-colored, short
sleeved smock during the tattoo operation_.
(d). The ocerator shall wear disposable gloves during the
tattooing operation.
Sec. 66.305. ASEPTIC PROCEDURE -TREATMENT OF SKIN
(a). Before working on a customer, the tattoo artists shall
cleanse their hands and arms in the following manner:
(1) Thoroughly scrub hands and fingernails with water,
soap and a hand brush. The upper arms to the elbow shall be
scrubbed with soap;
(2) Rinse hands and upper arm with running water;
(3) Rinse hands with an approved antiseptic solution
such as seventy per cent alcohol; and
(4) Hands and arms may be dried with clean, individual,
single use towels;
(b). The area of the customer's skin to be tattooed shall be
prepared by:
(1) Washing with water and soap. A sterile hand brush,
in conjunction with water and soap, shall be used to produce a
clean skin area.
(2) After washing of the skin surface, shaving shall be
done with a new single service blade. The blade shall be
discarded, in the proper manner, after use. Re -usable blade
holders shall be sterilized in an autoclave after each use. If
disposable blade holders are used, they may be used on one customer
only and then shall be disposed in an approved manner.
(3) Following shaving, the skin shall be prepared by
thoroughly washing with soap, followed by gentle scrubbing of the
skin with 70% isopropyl alcohol or Betadyne three times, using a
separate sterile gauze pad each time.
(4) Petroleum jelly to be used for stencils shall be
dispensed from a disposable, single use collapsible tube or
container, approved by the Health Officer, and shall be applied on
the area to be tattooed with sterile gauze, sterile tongue blade or
sterile applicator stick. The container shall be discarded
following a single use.
(c). During the tattoo operation, dyes, inks and bodily
fluids shall be removed with sterile material, and properly
disposed of at the end of the tattoo operation.
(d). The tattooed skin surface shall be tr_ following manner: mated in the
(1) The tattooed skin surface shall be washed sterile gauze saturated with 70% alcohol solution.
with a
a on.
(2) The tattooed skin surface shall be allowed to air
dry.
(3) The tattooed skin surface may be treated with
Bacitracin Ointment applied with a str41v applicator from single
use tubes of ointment. U- used portions of the ointment n_ ,-i
discarded. o_r_t.:e__� shall be
(4) The tattooed skin surface shall be 1 with a dry to ; 1 e � ec.,e__r covered
Sf�r_le g auz d_rdressing with adhesive to permit frame
circulation of air.
Sec. 66.306. STERILIZATION OF TATTOO PIGMENTS AND
INSTRUMENTS.
(a). All pigments, dyes and equipment shall be steam
sterilized in an autoclave with at least 15 (fifteen) pounds
pressure per square inch (251 degrees Fahrenheit) for -at least
-fift-een minutes. Autoclaves shall not be overloaded. Equipment
shall be loosely packed in the autoclave. There shall be
sufficient equipment on hand in each establishment to handle 24
hours tattooing without having to re -sterilize.
(b) . Instruments and ea,:ipment that shall be steam sty, 1 ; zed
shall include, but not limited to:
Dyes, pigments Needle tubes
Paper towels, napkins Needles
Charcoal Wiping cloths
(c). All equipment shall be thoroughly cleaned before being
sterilized. Instruments shall be cleaned with soap or detergents
by use of a brush. Interior of needle barrels shall be brushed.
After cleaning, equipment shall be thoroughly rinsed under running
fresh tap water.
(d). Each piece of equipment shall be individually wrapped
with paper in an approved method for autoclaving. Metal foil may
not he used. Tattooing needles shall be threaded through the metal
tube that attaches to the tattooing vibrator and shall be placed in
a glass (or plastic) test tube with a cotton plug for autoclaving.
Gauze may be placed at bottom of test tube to prevent damage to
needle tips. Wiping tissues shall be sterilized in a single pack
to be used for one tattoo only and then be discarded.
(e). All packs shall be marked with temperature recording
tape or labels.
(f). The packages in which equipment is sterilized shall be
dated with date of autoclaving. Equipment shall not be used 30
days or more after autoclaving, without being re -sterilized.
(c). Dyes or inks shall be used from squeeze bottle
containers in which the dyes or inks have been st..- zed in an
autoclave. Dye shall be kett in a st= - l o condition and the dye
bottles filled with dye shall be autoclaved at least once a week or
more often, if necessary, to keep the dye in a st=,-41= condition.
Re -filling of partially depleted squeeze bottle containers with
dyes or inks shall necessitate subjecting the bottle and its
contents to the sty,-47ization procedure.
Sec. 66.307. PREPARATION OF STENCIL.a
(a). Re -usable stencils shall be sanitized by immersion in a
chlorine solution containing no less than 100 parts per million
(ppm) of chlorine (one ounce of household bleach (5.250) with one
quart of water). The sanitizing solution may not be used for more
than thirty minutes after preparation.
(b). The stencil shall be scrubbed with —scam and a --brush
after use to remove all accumulations of carbon and vaseline in the
etched grooves of the stencil. The stencil shall be dried on a
clean towel.
(c). The dried stencil shall be sanitized by immersing in the
chlorine solution, design side down for at least ten minutes.
(d). The sanitized stencil shall be rinsed in tat water and
may be air dried or blot dried with clean, sterile paper towels.
The stencil shall be stored in a clean folder or envelope.
(e). Prier to use, each pre -cleaned stencil shall be wiped
with a piece of sterile gauze soaked in 70° isopropyl alcohol. The
stencil shall be allowed to air dry while other preparatory steps
are being taken.
Sec. 66.303. USE OF DYES AND INKS
(a). Dyes or inks shall be from an
The tattoo parlor permittee shall submit
in writing, the source of the dyes
establishment.
approved source of supply.
to the Enforcement Officer
and inks used in their
(b). Dyes or inks to be immediately used in tattooing shall
be dispensed from the sterile dye bottles into sterile paper cups.
Upon completion of the tattooing, the paper cups and remaining dye
shall be discarded in the appropriate manner. Any dye in which a
needle was dipped shall not be used on another customer.
(c). Styptics shall be single use only. Styptic material
shall be dispensed only from single use containers, then discarded
after use on one customer.
Sec. 66.309. INFECTIONS
All infections resulting from the practice of tattooing shall be
reported to the Health Officer, by the person owning or operating
the tattoo establishment.
Sec.
66.310. RECORDS
(a). The permit holder shall maintain proper records of each
customer. The records shall include the following information:
(1) The date when the `ate c was applied.
(2) The name, address and age of the customer.
(3) The design of the tattoo and the location applied to the body. �a
(4) The name of the tattoo artist.
(b) . The info
permanently recorded,
kept solely for this
reasonable hours for
shall be kept in the
rmaticn required in subsection (a) shall be
in ink or indelible pencil, in a bound book
purpose. This book shall be available at
examination by the Enforcement Officer and
establishment for a minimum of six months.
Sec. 66.311 TATTOO PARLORS -SANITATION REQUIREMENTS
(a). The premises of a tattoo parlor shall be maintained
a clean and sanitary manner at all
rodent infestation and excessive`' -nos, free from vermin
dust and dirt.
(b) . The walls and ceilings
surfaced and light-colored. All
in a clean condition and in good
(c)
material
shall be
(d) .
in
or
shall be easily cleanable, smooth
walls and ceilings shall be kept
repair.
. The floor surfaces shall be of smooth, non -absorbent
and constructed so as to be easily cleanable. The floors
kept in a clean condition and in good repair.
Adequate lighting and ventilation shall be provided.
(e). Each tattoo establishment shall have a sink for the
exclusive use of the tattoo artist for hand washing and preparing
the customers for tattooing. The sink shall be supplied with hot
and cold running water under pressure to a mixing type faucet, a
soap dispenser with soap, and single use paper towels from a
dispenser.
(f). Water closet and hand basin shall be available on the
premises for use by customers and tattoo artists. The plumbing
fixtures and toilet room shall be maintained in a sanitary
condition and in good repair.
(g) . All needles and instruments shall be stored in a manner
so as to provide protection from contamination after sterilization.
Adequate storage shall be provided for all needles and instruments.
(h). Operating tables shall be constructed of metal or white
enamel or porcelain finish, or stainless steel. The operating
tables shall be separated from observers and waiting customers by
at least ten feet.
(i) No smoking shall be permitted in the tattooing area.
(j)- Tattooing shall be the only activity conducted in a
tattoo parlor establishment.
(k). A_decuate, approved containers shall be provided for the
disposal of wastes.
(1). Instruments, dyes, inks, pigments, carbon, stencils and
other paraphernalia used in the tattoo parlor shall be stored
exclusively in approved closed cabinets.
(m). No animals shall be allowed in the Tattoo Parlor at any
Sec. 66.312 DISPOSAL OF BIOIiAZARDOUS WASTES. Potentially
biohazardous waste materials generated by Tattoo Parlor
Establishmen-t-s and —Mobile Tattoo Vehicles shall be disposed of in
the following manner:
(a). Sharps, which are objects or devices having acute rigid
corners, edges, or protuberances capable of cutting or piercing,
including, but not limited to, hypodermic needles, tattoo needles,
blades, and slides shall be disinfected and disposed of, by one of
the following methods:
(1) By a cold disinfection method when used strictly in
accordance to instructions, and which has been approved by the
State Department of Health Services. The sharps disposed of in
this manner may be disposed of via the municipal solid waste
hauler. Prior to pick-up by the municipal solid waste hauler, the
cold disinfection container shall be stored in a locked trash
dumpster or a secured trash area to prevent tampering.
(2) By disposal via a Permitted Biohazardous Waste
time.
Hauler or a State of California Authorized Medical Waste Hauler,
who possesses a permit from the appropriate regulatory agency.
(3) By autoclaving the sharps to be disposed of for at
least thirty minutes at 15 (fifteen) pounds per square inch (psi)
at a temperature of 251 degrees Fahrenheit, bound in packs with
temperature sensitive indicating tape. Once sterilized, the sharps
must be contained before disposal in the municipal landfill.
(4) Other disposal methods approved by the State
Department of Health Services or the Local Health Officer.
(b). Gauze, wipes, tissues, unused dyes and inks, and other
non-sharp(s) used in a tattooing operation shall be contained and
secured on site, to prevent unauthorized access. This material
shall be disposed of, in the municipal landfill, by a licensed
solid waste hauler (general trash hauler).
ARTICLE 3.
MOBILE TATTOO VEHICLES
Sec. 66.313 MOBILE TATTOO VEHICLES.
with the requirements of Article In addition to co Section
66.311(f), Mobile Tattoo Vehicles and TattooArtistsrina or cfrom
a Mobile Tattoo Vehicle , GutcO working from
requirements: ehic�e shall also ccmpl'y all of the following
(a) . Mobile Tattoo Vehicles which do not
sterilization equipment shall ht e on boand
equipment on hand inhave su- "; �; �^.t utensils ar_d
each Mobile Tattoo Vehicle tattooing without having to re-sterilizete_ o to handle one day s
.
(b)_ Tattooing performed pursuant to this section shall be
done only from an enclosed vehicle such as a trailer or mobile -
home. No tattooing of the skin shall be performed outside of the
enclosed vehicle.
(c). No animals shall be allowed in the Mobile Tattoo Vehicle
at any time.
(d)• The Mobile Tattoo Vehicle shall be used only for the
purposes of tattooing.
(e). The Mobile Tattoo Vehicle shall be equipped with a sink
for the exclusive use of the tattoo artist for handwashing and
preparing customers for tattooing. The sink shall be supplied with
hot and cold running water under pressure to a mixing type faucet,
a soap dispenser with soap and single use paper towels from a
dispenser. An adequate supply of potableer shall e
maintained for the Mobile Tattoo Vehicle at all times�tattooing is
being performed.
(f). All liquid wastes shall be stored in an adequate storage
tank with a capacity at least fifty per -cent greater than the
capacity of the on -board potable water. Liquid wastes shall be
disposed of at approved trailer dump sites.
(g). The Mobile Tattoo Vehicle shall be maintained in a clean
and sanitary condition free of vermin, at all times. Doors shall
be self -closing and tight -fitting. Openable windows shall have
tight -fitting screens.
(h). There shall be approved restroom facilities within 200
feet of the Mobile Tattoo Vehicle.
(i). There shall be adequate light and ventilation in each
Mobile Tattoo Vehicle.
(j). Mobile Tattoo Vehicles which are not associated with
Tattoo Parlor Establishments operating in the County of San Diego
shall maintain on -board steam sterilization equipment meeting the
requirements of Section 66.306(a) of this chapter. All equipment
requiring sterilization shall be sterilized using the on board
sterilization equipment.
ARTICLE a.
ENFORCEMENT
Sec. 66.314 PLANS. Every person proposing to construct a
Tattoo Parlor Establishment or Mobile Tattoo Vehicle, shall file a
cony of the plans thereof, with the appropriate plan review fee,
prior to construction, with the Deputy Director of Environmental
Health Services, for review and written approval prior to
commencing the work and in advance of the issuance of any building,
plumbing or electrical permit.
Sec. 66.315 INSPECTION. For the purposes of this chapter,
the Enforcement Officer may at all reasonable times enter all parts
of a Tattoo Parlor Establishment or Mobile Tattoo Vehicle to make
examination and investigation to determine the sanitary condition
of the establishment or -vehicle and whether this chapter or rules
and regulations are being violated.
Sec. 66.316 PERMIT REQUIRED. It shall be unlawful for any
person to engage in the business of operating a Tattoo Parlor
Establishment, or a Mobile Tattoo Vehicle without first applying
for and receiving approval of a permit from the Deputy Director of
Environmental Health Services.
Sec. 66.317 APPLICATION FOR PERMIT. The permit required by
this chapter shall be applied for and issued as prescribed in Title
6, Division S of this Code. Every person applying for a permit
shall pay the annual permit fee set forth in Title 6, Division 5,
Section 65.107 of this Code.
Sec. 66.318. VIOLATION INFRACTION - MISDEMEANOR
(a). Except as provided in subsection (b), any person
violating any provision of this chapter shall be deemed guilty of
an infraction.
(b) . Any person convicted of a third or subsequent violation
of this chapter within two years from the date of the first
conviction shall be deemed guilty of a misdemeanor.
(c). Each day on which a violation occurs or continues shall
constitute a separate offense.
ARTICLE 5
PERMIT REVOCATION OR SUSPENSION
Sec. 66.319. PERMIT REVOCATION OR SUSPENSION.
(a). In_ the event that the Deputy Director of Environmental
Health Services has determined that conditions exist or have
existed in the past which indicate an inability or unwillingness to
comply with the requirements of this chapter, a Permit or Suspension_ hearing maybe conducted.matters Revocation
the Permit Revocation r All relative to
Suspension hearing action will be
conducted pursuant to Title 6,
Division 1, Chapter 1, commencing
with Section 61.123 and endingwith
excluding Section 61.125(a) Section_ 61.127 of this code,
(b) . Hearing Officer. The HearingOfficer
designated by the Deputy Director of Env onme::tal Health
be a person
lth Services.
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
APRIL 28, 1998 2
AGENDA ITEM NO.
TEM
TTA�TT RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 FOR THt\ WIINGLEF DIVISION STREET FROM DREXEL AVENUE TO THE EASTERLY CITY LIMITS,
SPECS NO. 96-5
PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING
EXPLANATION.
Environmental Review
X N/A
Finn �al_Statea+ent The original contract was awarded for $201, 857. 00 .
Fc aoarra�le from Sewer Rehabilitation Fund, Account No. 125-409-
500-598-2014.
STAFF RECOMMENDATI • N
Adopt the Resolut
S
approving change order.
BOARD/COMMISSION RECOMMENDATION
N/A
Account No
ATTACHMENTS (Listed Below) Resolution No 98-46
1. Resolution
2. Scope of work and proposal for the Supplemental Agreement No.
96-5
i
A.200 (Rev .in'
Page 2
Explanation
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 FOR THE WIDENING OF
DIVISION STREET FROM DREXEL AVENUE TO THE EASTERLY CITY LIMITS, SPECS. NO.
96-5
On August 12, 1997, by Resolution No. 97-105, the City Council approved an
Agreement between the City of National City and Berryman and Henigar for
providing professional Engineering Services to prepare plans and
specifications for the Division Street widening project from Drexel to the
easterly City limits.
On December 22, 1997, Supplemental Agreement No. 1 was worked out between
Staff and the Consultant, Supplemental Agreement No. 1 consisted of
additional Storm Drain works.
The purpose of Supplemental Agreement No. 2 is to include additional design
work into the contract for the removal and replacement of the existing
sewer mains along the following streets:
1. Division Street from Drexel Avenue to approximately one block east of
Harbison Avenue;
2. Harbison Avenue from Division to 2nd Street;
3. 2nd Street approximately one block east of Harbison Avenue.
The removal and replacement of the sewer mains were recommended by the
Public Works Department, due to the deteriorated conditions of the existing
sewer mains. It is recommended that the work be included in the project
at this time, since the streets will be excavated for reconstruction. The
total additional cost for Supplemental Agreement No. 2 is $23,242.00.
Therefore, the total contract amount will be changed from $201,857 to
$225,099. Attached is a detailed schedule for the additional work. The
sewer reconstruction costs will be paid -for out of the sewer funds.
RESOLUTION NO. 98 — 46
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING SUPPLEMENTAL AGREEMENT
NO. 2 FOR THE WIDENING OF DIVISION
STREET FROM DREXEL AVENUE TO
THE EASTERLY CITY LIMITS
(Engineering Specs No. 96-5)
WHEREAS, on August 12, 1997, by Resolution 97-105, the City Council
approved an agreement between the City of National City and Berryman and Henigar
for providing professional Engineering Services to prepare plans and specifications for
the Division Street widening project from Drexel Avenue to the easterly City limits;
and
WHEREAS, on December 22, 1997, Supplemental Agreement No. 1 was
negotiated between Staff and the Consultant and consisted of additional Storm Drain
works; and
WHEREAS, Supplemental Agreement No. 2 is proposed to include
additional design work into the contract for the removal and replacement of the existing
sewer mains along the following streets:
1. Division Street from Drexel Avenue to approximately one block east of Harbison
Avenue;
2. Harbison Avenue from Division Street to Second Street;
3. Second Street approximately one block east of Harbison Avenue; and
WHEREAS, the removal and replacement of the sewer mains were
recommended by the Public Works Department, due to the deteriorated conditions of
the existing sewer mains; and
WHEREAS, it is recommended that the work be included in the project at
this time, since the streets will be excavated for reconstruction; and
WHEREAS, the total additional cost for Supplemental Agreement No. 2
is $23,242.00.
Resolution No. 98 — 4 6
April 28, 1998
Page Two
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of National
City that the City Council hereby approves Supplemental Agreement No. 2 for the
widening of Division Street from Drexel Avenue to the easterly city limits (Engineering
Specs No. 96-5). Said agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 28' day of April, 1998.
George H. Waters, Mayor
Al _LEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
eatoi.lts
George H. Eiser, III
City Attorney
Division Street Widening and Storm Drain Project
Scope for Change Order No. 2
Task 1: Division Street Sewer Relocation
• Remove and replace the Division Street sewer main from existing manhole to edsting manhole
between C;airmont Avenue and the existing sewer terminus approximately 210 feet east of Harbison
Avenue wish new PVC main. Rehabilitate existing manholes. Show ranges in plan and profile_
• Redesign portions of sewer mains connecting to the Division Street Main from Clairmam, Drexel
North, Belmont, Kenton, Harbison (north). Show in new plan and profile sheets where necessary.
• Redesign portion of Drexel (south) if possible to provide further clearance for new storm drain.
• Add sewer manhole at the east ly terminus of the sewer main (current dead end location) east of
Harbison Avenue. Show detail fur connection.
• Re construct sewer lateral emmeetians from the existing nub to the sewer main as necessary to provide
for adequate clearance above new storm drain and to raise the storm drain as much as possible.
Provide detail and tables for new latcaIs.
• Perform and coordinate potholing. Assume 3 potholes for Division Street to start.
■ Add sewer main, new manhole and existing manhole rehabilitation to specifications.
• Estimate quantities.
Assumptions: 1) Plan and profile for the replaced sewer in Division Street can be shown on the existing
plan sheets for Division Sires improvements.
2) Faistiig sewer manholes can remain in place and can be rehabilitated and reused with
the new PVC sewer main.
Estimated Design Pee_ $ 14,963 (mciudes potholes) Estimated Coast Fee: $ 129,250
Task 2: Harbison Avenue Sewer Rehabilitation
• Remove and replace the Harbison Avenue sewer main between Division Strxt and Second Street with
new PVC main. Rehabilitate existing manholes. Show changes in plan and profile.
• Revise vertical alignment where possible to provide positive gravity flow.
■ Reconstruct sewer lateral connections from the existing sewer main to the existing sewer main as
necessary to provide for adequate ciearanee above new storm drain and to raise the storm drain as
much as possible. Provide detail and tables for new laterals.
• Perform and coordinate potholing. Assume 1 pothole for Harbison Avenue to start.
■ Estimate quantities.
Assumptions: 1) Plan and profile for the replaced sewer can be shown on the existing plan sheets for
Harbison Avenue improvements.
2) Existing sewer manholes can remain in place and can be rehabilitated and reused with
the new PVC sewer main.
Estimated Design Fee: $ 4,542 (includes potholes) Estimated Const. Fee: $ 49,450
Task 3: Second Street Sewer Rehabilitation
• Remove and replace the Second Street sewer main with new PVC main between the rxistin7, manholes
at the paved terminus of the S ccond Street roadway and Harbison Avenue intersection. Rehabilitate
existing manholes. Show changes in plan and profile.
LC'.P''f1F4 ,a� PC= rnrK Z1 =,.,
• Reconstruct sewer lateral crnmectlons front the existing sewer main to the existing sewer main as
necessary to provide for adequate clearance above new storm drain and to raise the storm drain as
umcit as possible. Provide detail and tables for new Laterals.
• Perform and coordinate potholing. Assume 2 potholes for Second Street to start
• Estimate quantities.
Assumptions: 1) Plan and profile for the replaced sewer can be shown on the existing plan sheets for
Second Street improvements.
2) Existing sewer manholes can remain in place and can be rehabilitated and reused with
the new PVC sewer main.
Estimated Design Fee: $ 3,392 (includes potholes)
Total Design Fee +�ra�bles: $23,242 ✓
Estimated Coast Fee: $ 23,080
Total Construction Fee: S 201,780
8" PVC sewer main
Remove exist main
Reconnect laterals
Reconstruct laterals
Preliminary Opinion of Probable Cost
Sewer
3/31 i98
Task I - Division Street
8" PVC sewer main
Remove exist main
Rehabilitate Manholes
Reconnect Lateral
Reconstruct Lateral
Manholes
Quantity
1750
1750
7
15
3
5
Sewer Relocation
Unit
Unit Cost Cost
LF $50.00 587,500.00
LF 53.00 $5,250.00
EA $1,000.00 $7,000.00
EA $500.00 57,500.00
EA $1,500.00 $4,500.00
EA 33.500.00 $17,500.00
Task 2 - Harbison Avenue
8" PVC sewer main
Remove exist main
Reconnect laterals
Rehabilitate Manholes
Reconstruct laterals
$129,250.00
Sewer Rehabilitation
Unit
Quantity Unit Cost Cost
850 LF 550.00 $32,500.00
650 IF $3.00 $1,950.00
19 EA $500.00 59,500.00
4 EA $1,000.00 $4,000.00
1 EA 51,500.00 51,500.00
$ 49,450.00
Task 3 - Second Street Sewer Rehabilitation
Unit
Quantity Unit Cost Cost
360 LF $50.00 518,000.00
360 LF $3.00 51,080.00
2 EA 3500.00 $1,000.00
2 EA $1,500.00 $3,000.00
$ 23,080.00
Total a5runated Construction Fee (AU Tasks):
$ 201,780.00
Estimated
Design
Fee
(Includes
Potholing):
$14,963.00
Estimated
Design
Fee
(Includes
Potholing):
$4,842.00
Estimated
Design
Fee
(Includes
Potholing):
$3,392.00
Sub Des_ Fee: $22,897.00
Reimbursables: $ 345.00
Total Des. Fee: $23,242.00
City of National City, California
COUNCIL AGENDA STATEMENT -
April 28, 1998
MEETING DATE
AGENDA ITEM NO. 3
ITEM TITLE
ANNUAL MASTER CALENDAR
PREPARED BY Park Morse, Asst. City Moir aagr DEPARTMENT
EXPLANATION
City Manager
Attached for your review is our proposed calendar for 1998. Included on
this calendar are the proposed potential annual budget recesses (June &
July) and potential annual holiday recesses (December & January).
Environmental Review X N/A
Financial Statement
--NA
Account No
STAFF RECOMMENDATION
Review and adopt.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
1998 Master Calendar
A•200 (Rev. 9/80)
i. g I'''PTil'11,1i191.! 2,
City of National City
aster CaIenyeot
January 1998 - January 1999
January 1998
MASTER CALENDAR
Sunday i
Monday 1
Tuesday J
Wednesdays
Thursday 1
Friday I
Saturday i
21
1
3
December 97
SMTWTFS
-IM-r-II
February 98
SMTWTFS
1
Holiday
1 1 1 II 11 11 II
U 11 II II IS 11 II
11 U 33 14 11 I1 U
U U U 11
1 1 $ . 4 ,—f
1 1 /1 11 II II $4
IS U Il 11 11 U 11
U U 11 11 II II 11
-
- 0
New
Year's
•
r Day
4
5
6
Holiday Recess
7
81
9'
10'
MEA Holiday Party
11
12,
13
6:00 PM Council
' Meeting
14,
15
16..
17,
18'
19`
qq
20
3:00 PM Council
Meeting
21
CofC Membership
Breakfast
22
23
24'
'
25
26,
, 1
27'
3:00 PM Council
Meeting
28
SANDAG Annual
Retreat
29
SANDAG Annual
Retreat
30
SANDAG Annual
Retreat
31
CoIC Installation
Dinner (No Host @
6:00 PM - Dinner @
7:00 PM)
4/22/98— City Manager's Office
February 1998
MASTER CALENDAR
Sunday Monday
8
15
22
zl
9
23
4/22/98-- City Manager's Office
3:00 PM Council
Meeting
Tuesday Wednesday` Thursday Friday Saturday
4
3
10
6:00 PM Council
Meeting
17
3:00 PM Council
Meeting
241
6:00 PM Council
Meeting
January
SMTWT F 9
i—Ti
11 It 11 11 11 II 17
11 11 11 11 11 11 11
H 11 17 11 11 H 11
25'
26
6:00 PM Mayors
State of the City
Address
13
7'
Valentine's Day
u•
21
27
28'
March
IIMTWIF 9
I 1 I1 11 11 /1
1f 11 It I111 1 II 11
11l1 H 1I 11 IF
77 It
H H H
March 1998
MASTER CALENDAR
Sunday 1,
Monday 1
Tuesday i
Wednesdays
Thursday 1
Friday !
Saturday 1
1
2
3.
3:00 PM Council
Meeting
5
6
7
4
8`
9
10
6:00 PM Council
Meeting
11
12
6:00 PM Boards &
Commissioners
Dinner
13
14
15
16
171
3:00 PM Council
Meeting
St. Patrick's Day
181
CofC Membership
Breakfast
12 Noon -Mayor's Prayer
Luncheon (I loliday Inn)
19
20
ti
21
22
23
24
6:00 PM Council
Meeting
25'
26
27'
28'
29
30
31
February
SMTWTFS
April
SHTWTFS
11 I 4 S I r
S I II 11 II 13 14
II II O II IS II II
It 11 14 IS IS I/ IS
I j i1
I 17$ I II II
II IS Il II 18 17 IS
IS I/ 11 IS O 14 IS
11 II IS II II
i
ti
4/22/98-- City Manager's Office
April 1998
MASTER CALENDAR
Sunday 1
Monday Ili
Tuesday i
Wednesday
Thursday 1
Friday i
Saturday 1
1
�
- 2.
3
March
5 M T W T F E
, t t t r 1/
I 1 II 11 II II 14
II II n IS 11 N N
It II N If 11 t7 II
II N II
1
10
11,
5,
1
Daylight Savings Time
Begins
61
7
3:00 PM Council
Meeting
Padre's Opening Night
12
Holiday - Easter
13'
14
6:00 PM Council
Meeting
15
CotC Membership
Breakfast
16
League Division
Dinner (Lemon
Grove)
17'
18
19
20
21-'
3:00 PM Council
Meeting
22
23
24
25
26'
271
28
6:00 PM Council
Meeting
29
30'
l
May
S M T W T F S
II „ It II 14 ,i ,�
,i ,t II N I, It II
„ IS IIII II II 14
4/24/98— City Manager's Office
May 1998
MASTER CALENDAR
Sunday
Monday
Tuesday i
Wednesdays
ThursdayJ
Friday
Saturday I
!,
1`
l
2
Maytime Band Review
3
4
5
3:00 PM Council
Meeting
6'
7'
8
9
10
11
12
6:00 PM Council
Meeting
13
141
15'
Christmas In July Golf
Tournament (7:00 AM -
Torrey Pines)
16
17
18
19
3:00 PM Council
Meeting
20
Cott Membership
Breakfast
21
22
23'
24'
25
Ito %imorial Day
'
26
6:00 PM Council
Meeting
27
28'
29`
30
Citywide Cleanup Day
April
SMTWTFS
June
3 M T W T F 3
1-2-4-4
I I 11 1 11 1/
II 11 11 II II II 1I
11 M fl u 1/ M II
II II II el M
1 1 14/ 1
11 1 11 11 11 11
14 1f II 11 11 11 M
u /I /I M 11 M 1/
II f1 M
4/22/98-- City Manager's Office
June 1998
MASTER CALENDAR
i
L Sunday
Monday
i
I
Tuesday
Wednesdays
Thursday `L Friday
1
`
Saturday l
1
2
3:00 PM Council
Meeting
3
4
5
6,
l
7
8
9
6:00 PM Council
Meeting
1
10
11
12
13
Fla na 14
B Y
15
16
3:00 PM Council
Meeting
17
Cott Membership
Breakast
18
19
20
21
22
23
Potential Budget
Recess
24
25
26
27
28
29
30
May
SMTWTFIS
July
5 M T W T F 3
14 II It IS II IS 14I
I/ II IS M II II II
IS II II IS ISM
tl
I I I O ,,
/I II N II II I7 IS
II II II tl II M SS
II II M Si M II
-
4/22/98— City Manager's Office
July 1998
MASTER CALENDAR
Sunday 1
Monday i
Tuesday J
Wednesday,
Thursday I
Friday 1
Saturday i
2
1
3`
Holiday
Independence
]" Day
4
Independence Day
Junk
BIATWTFS
August
S M T W T F ti
1
1 ] ] 1 1
' ' ' " " " "
11 16 1t 11 11 11 It
/1 11 13 N IS It If
It 11 It
i II 11 It a Ii II
11 If It /1 11 11 II
21 11 IS 1I 21 21 I/
II /t
5
6
i 71
Potential Budget
Recess
81
9
10
11'
12`
13'
14'
6:00 PM Council
Meeting
15
Cofe Membership
Breakfast
16
League Division
Dinner (Chula Vista)
17
18
NCPOA Annual
Picnic
19'
20,
21
3:00 PM Council
Meeting
221
23'.
24'
25'
Christmas in July
(Home Rehab.)
26`
27
28`
6:00 PM Council
Meeting
Annual Joint Powers
Financing Authority
29
301
31
-
4/23/98— City Manager's Office
August 1998
MASTER CALENDAR
Sunday
Monday
2
ti
Symphony Concert
('1)
16'
3
23`
10'
17
24
4/23/98— City Manager's Office
Tuesday
3:00 PM Council
Meeting
11
6:00 PM Council
Meeting
18
3:00 PM Council
Meeting
25
6:00 PM Council
Meeting
Wednesday
5
12
19
Cote Membership
Breakfast
261
CotC Taste of Nation-
al City - I leritage
Square (5-8 PM)
July
SMTWTFS
t 1 1 4
1 I r 1 I II 1t
11 11 14 1f II 17 11
I1 11 11 11 13 14 11
II Ii II I/ N 11
I Thursday
13
20
i
27
Friday
14
21
Saturday
0I
15
22
28.
September
SMTWTFS
1 1 1-4-1
1 7 I 1 11 11 11
11 /1 II /1 11 IS 11
11 11 11 11 N N N
17 11 N N
29
1
September 1998
Sunday
Monday
August
S M T W T F S
1 II II II II 14 U
14 17 11 11 II II 12
II II 11 II It IS L
.. II
6`
13
Auto t leritage Days -
Kimball Park (No
time yet)
20'
27`
7'
Holiday
Labor Day
14
21'
MASTER CALENDAR
Tuesday
1'
3:00 PM Council
Meeting
8
6:00 PM Council
Meeting
Wednesday
2
28
4/23/98-- City Manager's Office
15'
3:00 PM Council
Meeting
9
CoIC National City
Passport to the Future
(Noon) 24th Street
Terminal
22'
6:00 PM Council
Meeting
Thursday I
16
CotC Membership
Breakfast
23'
29'
30
31
10
17'
24
Friday t Saturday
4
5'
11'
12
Auto Heritage Days -
Kimball Park (No time
yet)
18'
ti
191
Stein Farm Festival
(10-3 PM)
(Tentative)
25'
October
S M T W T F S
1 r 1
4 1 1 I I 111
11 11 13 14 /1 II /7
II IS II II II IS n
II II 17 II L 14 31
26'
October 1998
MASTER CALENDAR
Sunday
IL
Monday `ij
Tuesday `[Wednesday[
Thursday IL Friday
Saturday
i
J
September
S M T W T F S
November
SMTWTFS
1
'
2
3
—1-1—r r-1
+, l7 ,1 ,11 n •1 •1
U II II li N L II
17 a a 1.
I II Is++ 11 IS +'
+3 ,/ +7 U +1 1/ 1+
n is u is 11 17 ll
a w
League of California
Cities Annual Conf-
erence (Long Beach
League of California
Cities Annual Conf-
erence (Long Beach
League of California
Cities Annual Conf-
erence (Long Beach
Convention Center)
l
Convention Center)
l
Convention Center)
League of California4
Cities Annual Conf-
erence (Long Beach
Convention Center)
5
6
3:00 PM Council
Meeting
7
8
9
l 10
11
12'
13
6:00 PM Council
Meeting
14
l
15
League Division
Dinner (Vista)
16
17
18
19
20
3:00 PM Council
Meeting
21
3:00 PM Council
Meeting
CofC Membership
Breakfast
22
23
24
25
,w
Daylight Savings Time Ends
26
27
6:00 PM Council
Meeting
28
29
30
31
Halloween
:'--i
t I'd
-- City Manager's Office
MINN tCfhttNo'
November 1998
MASTER CALENDAR
Sunday IL Monday J
Tuesday
Wednesday
Thursday i
Friday i
Saturday i
1
2
3
f 3:00 PM Council
d Meeting
Election Day
4
5
6
7
Potential Citywide
Clean -Up Day
8
9
10'
6:00 PM Council
Meeting
111
12'
13
14
15
161
17
3:00 PM Council
Meeting
18'
CoIC Membership
Breakfiist
19
20'
21
22'
23
24
6:00 PM Council
Meeting
25
26
Holiday
Thanksgiving Day
27
Holiday - Day After
Thanksgiving
28
29
30'
October
SMTWTFS
December
SMTWTFS
I I 1
S 3 I ill II II 13 1 IS IIr
IS II 1/ 11 11 1/ 1/
IS II 17 IS 1S I/ SI
t 2 1 44
/ I / I IS II
11 I/ IS II It IS IS
IS II II II t1 II IS
It It tS M 41
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December 1998
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November 98
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7
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28
4/23/98— City Manager's Office
MASTER CALENDAR
Tuesday
Wednesday
Thursday Friday Saturday
L
1
3:00 PM Council
Meeting
2
3
u
4
5
n LI
- Li
6:00 PM Council
Meeting
15
13:00 PM Council
Meeting
22'
Potential Holiday
Recess
29
161
CotC Membership
Breakfast
17
24
Holiday
Christmas Eve
31
i
i
181
12
19
NCPOA Christmas
Party
January 99
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26'
January 1999
Sunday
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10
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24'
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11
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4/23/98— City Manager's Office
MASTER CALENDAR
Tuesday I
5
Potential Holiday
Recess
12
6:00 PM Council
Meeting
19
3:00 PM Council
Meeting
26'
6:00 PM Council
Meeting
Wednesday`
61
13
20
CotC Membership
Breakfast
27
December 98
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February 99
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City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 28, 1998
4
AGENDA ITEM NO.
1 ITEM TITLE WARRANT REGISTER #41
PREPARED BY Tess E. Limfueco DEPARTMENT Finance
EXPLANATION.
Ratification of Warrant Register #41
per Government Section Code 37208.
Environmental Review
Financial Statement
N/A
N/A
Account No
STAFF RECOMMENDATION
I recommend ratification of
of $417,814.30
these
BOARD/COMMISSION RECOMMENDATION
•
warrants
for a total
ATTACHMENTS (Listed Below)
1. Warrant Register #41
2. Worker's Comp Warrant Register dated 4/21/98
Resolution No
J
A-200 (Rev. 9/801
TO:
FROM:
City of National City
Department of Finance
1243 National City Blvd., National City, CA 91950-4397
(619) 336-4267
THE MAYOR AND CITY COUNCILMEMBERS
MARIA L. MATIENZO, FINANCE DIRECTOR
SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL
REGISTER NO. 41
GENERAL FUND
TECHNOLOGY FUND
LIBRARY FUND
PARKS MAINTENANCE FUN
GRANT -CA LITERACY CAM
RETIREMENT FUND
GAS TAXES FUND
P.O.S.T. FUND
LOWER SWEETWATER FUND
SEWER SERVICE FUND
EMT-D REVOLVING FUND
TINY TOT CLASSES FUND
GRANT -JUDGE PROGRAM
STATE PUBLIC LIBRARY
GENERAL PLAN UPDATE R
REGISTER TOTALS
PAYROLL
TOTAL
80,439.68
537.28
1,620.47
2,894.40
177.75
4,032.51
843.47
3,078.50
411.78
4,139.70
485.00
41.50
424.77
15.31
750.00
GRANT -NC SUPPR. OF DR
GRANT -LITERACY INITIA
LIBRARY SCHOOL DISTRI
NPT BUS DONATIONS FUN
COPS GRANT PART II
LIBRARY COMPUTER CENT
GRANT-C.D.B.G.
CDC PAYMENTS
STP LOCAL/TRANSNE'T HI
TDA
FACILITIES MAINT FUND
LIABILITY INS. FUND
GENERAL SERVICES FUND
INFORMATION SERVICES
MOTOR VEHICLE SVC FUN
TRUST & AGENCY
352.35
0.67
4.16
338.36
1,364.53
212.43
5,211.34
581.01
221,670.04
37,443.21
21,356.82
1,622.23
583.60
1,053.94
19,219.88
12.48
410,919.17
0.00
410,919.17
I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY:
WARRANT NUMBERS 148696 THROUGH 148805 INCLUSIVE
EXCEPTING NONE/ 104028 THROUGH 104059 INCLUSIVE
ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE
BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN
THE PROPER FUNDS TO PAY SAID DEMANDS.
MARIA L. MATIENZO, FINANCE
CTOE
Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
April 28, 1998 MEETING DATE AGENDA ITEM NO
Resolution approving Operation and MalntcrTance—Agies►irwnt fir the Multi -
Cultural Service Center with PACNC (Pilipino American Community of
National City)
PREPARED BY Park Morse, Asst. City ManagerDEPARTMENT City Manager
EXPLANATION -
ITEM TITLE
5
At the City Council meeting of February 3, 1998, the matter of approving the
Operation and Maintenance Agreement for the Multi -Cultural Services Center
with PACNC was referrred to staff in order that it could be revised to reflect the
essence of the Council's discussion.
As a result, the term of the Agreement and the hours of operation will remain
basically the same as the original contract. Details are summarized in the
attached revised report. The provision of a 4 p.m. closing time on Mondays has
been revised as the Boys & Girls Club building project has been completed.
The issues contained in the Petition have been addressed with PACNC
representatives and they have pledged to adhere to the letter of the Agreement
and to work with the neighbors to develop continuing cooperation.
Environmental Review
Financial Statement
NA
X N/A
Account No.
TAFF RECOMMENDATION
Approve Resolution authorizing a Maintenance and Operating Agreement with
PACNC.
BOARD/COMMISSION RECOMMENDATION
NA
ATTACHMENTS ( Listed Below/
See attached Page
98-47
Resolution No
A-200 (Rev. 9/801
Attachments to April 28. 1998, A-200 re: PACNC Agreement
1. Report
2. Resolution 98-
3. Proposed Operation and Maintenance Agreement
4. Excerpt from 2-3-98 City Council Minutes
5. 1-20-98 letter to residents from CDC
6. 1-23-98 petition from residents
7. 4-9-98 Fire Dept. Fire Safety Inspection Report
8. 4-22-98 County of San Diego, Dept. of Environmental Health Report
9. Current PACNC Operation and Maintenance Agreement & adopting
Resolution 93-24.
EXHIBIT 1
EXPLANATION (ATTACHMENT TO A-200)
Renewal of the Maintenance and Operation Agreement with the Pilipino American
Community of National City (PACNC), for the Multi -Cultural Service Center, located
at 300 E. 15th Street.
Background:
This building is the site off the former Girl's Club of National City. When vacated six
years ago, the building was rehabilitated with State Grants and local funds for use
as a community center. PACNC spearheaded the State funding effort and was
awarded the Maintenance and Operating Agreement in February of 1993, on the
basis that building uses not be exclusive to any one ethnicity or culture. The original
Agreement was for five years with a ten year renewal provision. The CDC has been
the City's liaison for the past five years. The building is however, City owned. For
this reason it is recommended that the oversight be with the City and not the CDC.
For over the past five years the need for the multi -cultural service center has been
demonstrated. Residents take advantage of the activities for families, children,
seniors and adults. Classes are conducted on site by the School District and others.
Cultural enrichment programs are held and various clubs meet regularly at the
Center. Health clinics, immigration and citizenship forums are part of the overall
activities as are dinners, dances, and parties. Taken all together, the activities
contribute to the overall quality of life of the city. While no attendance figures have
been kept, an average of over 1,000 persons participate in weekly activities. The
Police Department reports negative activity is non existent. The adjacent neighbors
have complained, from time to time, about the noise, particularly regarding live
dances held on Sunday afternoon for Seniors. PACNC has worked to accommodate
their concerns.
Over the long run, PACNC has been a good operator. They have spent their own
funds to maintain and operate the facility. Upon a recent inspection, the premises is
—clean, freshly painted on the interior and has an overall good appearance. The
exterior needs some paint on the trim, but otherwise is in good condition. PACNC
has lived -up to their commitment to operate the Center.
The proposed agreement is for five years but either party may cancel for just cause
upon thirty days notice (Page 1, Para. 2). In addition, either party may terminate
the Agreement upon ninety days notice without cause (Page 6, Para 12).
The Agreement (original and proposed) provides that:
1. PACNC operate and maintain the premises at no cost to the City. This
includes long term as well as short term maintenance (Page 3, Para. 5
& 6).
2. Utility costs are the sole responsibility of the operator (Page 3, Para.
8).
3. PACNC will indemnify and hold the City Harmless (Page 5, Para. 10).
4. PACNC, as operator, shall have at least 80% of its governing board
and membership composed of National City residents (Page 7, Para.
14).
Proposed changes include:
Hours of use:
A. Former agreement:
Closing Times: Monday at 4 p.m. (for Girls Club use)
Sunday, Tuesday, Wednesday, and Thursday at 10
p.m.
Friday and Saturday at Midnight.
B. Proposed agreement:
Closing Times: (Page 2, Para. 4)
Sunday thru Thursday 10 p.m.
Friday, Saturday and evenings prior to National
Holidays (consistent with City ,observance) at
Midnight.
For profit use of the premises, is specifically prohibited and long term use, defined
as more than five consecutive times (days, weeks or months) within a year, must
be approved in advance (Page 2, Para. 4).
Insurance provisions have been revised to conform to City policy (Page 4, Para. 9).
The Agreement continues to prohibit Bingo games.
RESOLUTION NO. 98 - 47
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR
TO EXECUTE A MAINTENANCE AND OPERATING
AGREEMENT FOR THE MULTI -CULTURAL SERVICE
CENTER WITH THE PILIPINO AMERICAN
COMMUNITY OF NATIONAL CITY (PACNC)
WHEREAS, the PACNC organization was instrumental in the funding of
improvements for the reconstruction of the Multi -Cultural Service Center, located at 300 East
15th Street; and
WHEREAS, PACNC has maintained and operated the premises in accordance
with an Agreement with the City, at no cost to the City; and
WHEREAS, City residents have demonstrated the need for the Multi -Cultural
Service Center during the past five (5) years through their attendance at the various programs
that have been held at the center; and
WHEREAS, PACNC has agreed to continue the responsibilities of maintaining
and operating the Multi -Cultural Service Center under the terms and conditions of the
Maintenance and Operating Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City Council hereby authorizes the Mayor to execute a Maintenance and
Operating Agreement for the Multi -Cultural Service Center with PACNC. Said Agreement is
on file in the office of the City Clerk.
PASSED and ADOPTED this 28th day of April, 1998.
Al _LEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. )riser, III
City Attorney
George H. Waters, Mayor
MAINTENANCE AND OPERATING AGREEMENT
This Maintenance and Operating Agreement, made and entered
into this day of , 19 , by and between the
City of National City, California, hereinafter designated as
"City", and Pilipino-American Community of National City,
California, Incorporated, a California Corporation, hereinafter
designated as "Operator."
RECITALS
A. Operator is desirous of utilizing certain improved real
property located at 300 15th Street, National City, California
91950, owned by the City for the purpose of maintaining a Community
Services Center thereon.
B. The use of said property for the purpose aforementioned
will promote the general welfare of the inhabitants of the City of
National City.
NOW, THEREFORE, the parties hereto agree as follow:
1. Premises. The real property which is the subject of
this Agreement is situated in the City of National City, County of
San Diego, State of California, and described in Exhibit "A", which
is attached hereto and incorporated herein by reference.
2. Term. The term of this Agreement shall remain in effect
for a period of five (5) years from the date first written above.
Review of the Agreement will take place annually by January 30th of
each year to ensure compliance with all of the terms and provisions
Page 1 of 10
of the Agreement. Upon thirty (30) days' written notification,
this Agreement may be terminated at any time for just cause in the
event of breach of the Agreement by either party.
3. Consideration. The City and Operator acknowledge that
the consideration for this Agreement shall be the mutual benefit to
be derived from Operator's use and maintenance of a Community
Services Center on the premises.
4. Use. The above -described premises are to be used by
Operator for the purpose of maintaining a Community Services Center
opening not earlier than Sunday through Thursday, 7:00 a.m. to
10:00 p.m. and Friday through Saturday and evenings prior to
National holidays (consistent with the City of National City
observances), 7:00 a.m. to 12:00 midnight. The premises will be
used exclusively, and for no other purpose than to maintain said
Community Services Center, to promote the physical, mental and
moral well-being of the citizens of National City and the community
in general of the City of National City and territory adjacent
thereto, and to provide such means of recreation, education and
community services as may seem most likely and desirable for the
accomplishment of the purpose herein set forth.
The Operator may arrange for other uses of a portion of the
premises so long as the use is consistent with the permitted uses
recited herein and that said use does not conflict with any other
terms and conditions of this Agreement. No "for profit" entity may
use the premises. Long-term users, defined as a regularly
Page 2 of 10
scheduled use for more than five consecutive periods, in any one
year, must have the approval in advance by the City Manager or his
designee.
5. Improvements. Operator shall bear the entire expense
arising by reason of any improvements it makes on the premises, and
the operation and maintenance thereof, which shall conform with all
the requirements of laws of the State of California and the
ordinances of the City of National City. Any permanent
improvements shall require the advance written approval from the
City Manager or his designee.
6. Maintenance and Repair. The City shall not be liable
for the repair or upkeep and/or maintenance of the premises
including any improvements. Operator shall be responsible for all
maintenance, including janitorial and repair, along with the costs
of all utilities on the premises. Operator shall, to the
satisfaction of the City, keep the premises in as good order,
condition and repair as reasonable use and wear thereof will
permit.
7. Accounting. Operator will at its sole expense keep and
maintain books of accounts, listing therein all inv_enitory,._
expenditures, accounts receivable, income, tangible assets,
volunteer hours, personal property indebtedness, and financial
transactions, which shall be made available for inspection by the
City and its authorized designee, from time to time upon request.
8. Utilities. The utility costs for the subject property,
Page 3 of 10
including gas, electric, water, telephone, security, fire alarm,
trash, and sewer, shall be the sole responsibility of Operator.
9. Insurance. The Operator, at its sole cost and expense,
shall purchase and maintain throughout the term of this Agreement,
the following insurance policies:
a. Comprehensive general liability insurance, with
minimum policy limits of $1,000,000 combined single
limit per occurrence, covering all bodily injury
and property damage arising out of its operation
under this Agreement; and
b. Workers' Compensation insurance covering all of its
employees and volunteers.
c. 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.
d. Said policies, except for the workers' compensation
policies, shall name the City and its officers,
agents, and employees as additional insureds.
e. This Agreement shall not take effect until
certificate(s) or other sufficient proof that these
insurance provisions have been complied with, are
Page 4 of 10
filed with, and approved by the City of National
City's Risk Manager. If the Operator 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.
f. If required insurance coverage is provided on a
"claims made" rather than "occurrence" form, the
Contractor shall maintain such insurance coverage
for three (3) years after expiration of the term
(and any extensions) of this Agreement.
Any aggregate insurance limits must apply solely to
this Agreement.
h. The City shall keep the buildings, improvements,
and personal property owned by the City located on
the premises insured against loss or damage by fire
in the amount of not less than ninety (90) percent
of replacement value.
i. Insurance provisions of this Agreement may be
reviewed by the City every five (5) years, and
before any renewal of the Agreement, and the
required coverages increased as deemed necessary by
the City.
g•
Page 5 of 10
10. Hold Harmless. Operator hereby agrees to indemnify,
defend, and hold harmless the City of National City, its officers,
agents, employees, and volunteers, from any and all liability,
loss, claims, damages,or injuries to any person or property,
including injury to Operator's employees, and all expenses of
investigating and defending against same, arising from or connected
with performance of or failure to perform the obligations of this
Agreement, or caused by the acts of Operator, its officers, agents,
or volunteers, or the concurrent acts of the Operator, the City of
National City, or their officers, agents, employees or volunteers.
11. Inspection. The City, by and through its proper
officers, reserves and shall always have the right to enter the
premises for the purpose of viewing and ascertaining the conditions
of the same and the operation and maintenance thereof.
12. Termination. Notwithstanding the provisions of Section
2, either the City or Operator may terminate this Agreement, or any
extension thereof, without cause, upon ninety (90) days' written
notice to the other party.
13. Removal of Improvements. At the termination or
expiration of this Agreement or any renewal thereof, Operator
shall, within thirty (30) days of written request by the City,
remove any and all personal property placed or erected on the
premises, during the term thereof, or any renewal thereof, and all
expense connected with such removal shall be borne by Operator.
The City shall have the right to sell, destroy, remove, or
Page 6 of 10
otherwise dispose of any such personal property left on the
premises longer than thirty (30) days after termination of this
Agreement.
14. Non -Discrimination. Operator agrees that there shall be
no discrimination against or segregation of any person or group of
persons, because of race, color, creed, national origin, sex,
sexual orientation, ancestry, marital status, physical handicap, or
medical condition, in the use occupancy, or enjoyment of the
premises, nor shall Operator, or any person claiming under or
through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use, or occupancy of users in the premises.
Operator shall, for the purpose of promoting the interests of
National City residents, ensure that at least 80% of its governing
board and membership shall be National City residents.
15. Waiver. The failure or omission of the City to
terminate this Agreement for any violations of any of its terms,
conditions, or covenants shall in no way be deemed to be a consent
by the City to such violation and shall in no way bar, stop or
prevent the City from terminating this Agreement thereafter, either
for such or for any subsequent violation of any such term,
condition or covenant.
16. Signs. Operator agrees that no sign, advertisement, or
notice shall be inscribed, painted or affixed on or to any part or
portion of the outside of the premises except to be of such type,
Page 7 of 10
color, size and style, and in such place as may be approved by the
CDC.
17. Taxes. Operator recognizes and understands that this
Agreement may create a possessory interest subject to property
taxation and that Operator may be subject to the payment of
property taxes levied on such interest. Operator further agrees to
pay any and all property taxes, if any, assessed during the term of
this Agreement pursuant to '107 and 107.1 of the Revenue and
Taxation Code against Operator's possessory interest in the
premises.
18. Prohibited Activities of Operator. It is specifically
prohibited for Operator to sponsor, engage in, or permit any of the
following activities upon the premises:
a. Outdoor live or broadcast entertainment, music,
dancing, arcades, or carnival type attractions or
rides without a valid Temporary Use Permit (TUP)
issued by the City of National City.
b. Consumption of alcoholic beverages, unless prior
written approval of the City Council and the State
Department of Alcoholic Beverage Control is first
obtained.
c. Bingo.
19. Notices. Notices pursuant to this Agreement shall be by
personal delivery or by deposit in the United States Postal
Service, first-class, postage -prepaid, and addressed as follows:
Page 8 of 10
Operator:
PILIPINO AMERICAN COMMUNITY OF
NATIONAL CITY
Attn: Fideles Ungab
3336 Lou Street
National City, CA 91950
City: CITY OF NATIONAL CITY
Attn: Tom McCabe, City Manager
1243 National City Boulevard
National City, CA 91950
20. Compliance with all Laws and Ordinances. Operator shall
at all times comply with all provisions of state and federal laws,
all City rules and regulations, and the ordinances of the City of
National City.
21. Validity. The invalidity in whole or part, of any
provisions of this Agreement,
other provisions hereof.
22. Complete Agreement.
shall not affect the validity of any
This Agreement contains the complete
and entire Agreement between the parties and supersedes any
previous communications, representations, or agreements, whether
verbal or written, with respect to this subject matter. No change,
addition, or modification of any of the terms or conditions of this
Agreement shall be valid or binding on the parties, unless in
writing and signed by the parties.
23. Assignment. Operator shall not assign or transfer this
Agreement, or any part thereof, without the written consent of the
City.
Page 9 of 10
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
THE CITY OF NATIONAL CITY
By:
George Waters,
Mayor
PILIPINO-AMERICAN COMMUNITY OF
THE NATIONAL CITY, INCORPORATED
X%
Page 10 of 10
Is
EXHIBIT 4
Book 80/Page 26
2/3/98
NON CONSENT RESOLUTIONS
CONTRACT (C98-6)
COMMUNITY CENTER PACNC ADMIN (109-7-1)
aResolution No. 98-13. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL AUTHORIZING THE MAYOR TO
EXECUTE A MAINTENANCE AND OPERATING AGREEMENT
FOR THE MULTI -CULTURAL SERVICE CENTER WITH THE
PILIPINO AMERICAN COMMUNITY OF NATIONAL CITY
(PACNC)". (CDC)
RECOMMENDATION: Staff recommended that Council authorize
a Maintenance and Operating Agreement with PACNC.
TESTIMONY: Keith Osborn, 1541 "E" Avenue, spoke in
opposition to the Resolution and submitted a petition signed by
21 neighbors objecting to the proposed renewal.
Fideles Ungab, 3332 Lou Street, representing PACNC spoke in
favor of the Resolution.
Lucy Ungab, 3330 Lou Street, spoke in favor of the
Resolution..
ACTION: Motion by Inzunza, seconded by Morrison, to refer
the item back to the City Manager to meet with the PACNC to
discuss and work out issues of concern and bring it back at a
later date. Carried by unanimous vote.
EXHIBIT 5
COMMUNITY
DEVELOPMENT
COMMISSION
of the City of National City
Chairman
George H. Waters
Members
Mitch Beauchamp
Ralph Inzunza
Ron Morrison
Rosalie G. Zarate
Executive Direcror
Paul Desrachers
140 E. 12-' Street. Suite 8 • Notional City, CA 91 950-331 2 (619, 336-4250 - fax 336-42E6
January 20, 1998
Subject: .PACNC Building
Dear Resident:
Please be advised that the lease for the use of the Filipino
American Community of National City (PACNC) Building, owned by the
City of National City and located at 300 E. 15th Street, will be
considered for renewal by the City Council of the City of National
City at the February 3, 1998 meeting, starting at 3:00 p.m. The
lessor, the Pilipino-American Community of National City, Inc.,
basically, proposes the same terms as for the past five years with
several modifications. Among these are the extension of operating
hours on weekends (Friday and Saturday) evenings and days prior to
a National City recognized holiday, from 12 midnight to 1:00 a.m.
If you would like to review the proposed contract, copies are
available at the CDC office. If you have any cuestions and desire
additional information, please call the office at 336-4250. The
CDC office is located in the Community Center at 140 E. 12th
Street.
Sincerely,
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
E:S1
"A"
EXHIBIT 6
January 23, 1998
TO: CITY COUNCIL OF NATIONAL CITY, CALIFORNIA
COPY TO: COMMUNITY DEVELOPMENT COMMISSION
RE: Proposed renewal of existing lease of property at
300 East 15th Street, scheduled for hearing on
February 3, 1998 at 3:00 P.M.
The undersigned, as owners and\or occupants of residential
property within close proximity of the above described property,
at our addresses shown below, object to the proposed renewal of
the above lease for the following reasons:
1. Parking has proved inadequate for the volume of
persons attending functions held at the premises. (The driveways
of adjacent properties have been blocked on many occasions).
2. Excessive noises have been experienced. (Loud
music at functions, and use of car horns, and loud talking or
yelling, usually upon departure from a function).
3. Failure of Lessee to properly police trash
disposal. (Following functions paper cups, plates, beer and soda
cans, and other cartons have been found scattered around the
neighborhood).
4. Inadequate security. (No fencing exists on the
premises to avoid use of area by transients and children when
functions not being conducted).
5. In the event the Lease is renewed, strict terms
and conditions shoula-be provided so we will not be required to
endure the above problems, and IN NO EVENT SHOULD THE HOURS OF
OPERATION BE EXTENDED BEYOND MIDNIGHT ON WEEKEND OR HOLIDAY
EVENINGS.
NAME
ADDRESS
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NAME
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EXHIBIT 7
City of National City
Fire Department
333 E. 16th St., National City, CA 91950-4596
Phone: (619) 336-4270
BUSINESS FIRE SAFETY INSPECTION
Business Name & Address Phone i ? ,
Owner of Business & Address Phone
Owner of Building & Address Occ. Group )/
.9��. �. 1-0174 Phone 7 .77
Person to Notify in Case of Emergency
VIOLATIONS: NOTE: A $140.00 Fee will be charged if compliance is not received after issuance Of Final Notice.
1. Business License: Yes No _ NCMC 6.04.040 If no, refer to business License Inspector.
r fY/% g dJ /l,% v / 7i • I
Certification of corrections s "re-*4ec,..y
Person Contact.5d ,^ /(
ta
P
Ins ector (
f_A It
Type of Inspection: New Business
Annual
Area
Date 0 `t • 07 ^�d
Other
Complaint
When the above listed violations have been corrected, sign in the space provided and return this copy
to National City Fire Department.
This copy should be received in the Fire Department by
(DATE)
I hereby certify under penalty of perjury that the above violations have been corrected.
(SIGNATURE) (DATE)
RETURN THIS COPY
^Fr 8:06 No.001 .02
DANIEL J. AVERA
DIRECTOR
VECTOR 8URVEILIANCE ANO CONTROL DIV.
0325 HAZARD WAY
SAN DIE00, CA 02123.1217
10101 084d600 PEE E; 004866e
April 22, 1.998
City Manager
City of National City
ATTN: Lavonne
1243 National City Boulevard
National City, CA 91950
DEPARTMENT OF 'ENVIRONMENTAL HEALTH .
P.O. BOX 85281, SAN OISGO, dA 921a9-6Pat
min) 338.2222. FAX (619) 330.2377.
EXHIBIT 8
I inspected the PCNC Center, located at 300 E. 15d' Street, National City on February 4,1998, in response
to a complaint of rats at the Center after a neighbor alleged that the PCNC building had garbage, trash and
rat activity.
I inspected the interior of the Center and the grounds. There is no garbage or trash and no evidence f
rodent activity. The building is rodent proof and the grounds were clean.
If you need additional information, please call me at 694-2799.
Sincerely
MAR Y L. DICE, Vector Control Technician III
Vector Surveillance and Control Division
'Prevention CVntes•Firss''.
• 'mile "1'�i° „i'5ii1't01t!.`-:11';
RESOLUTION NO. 9 3-2 4
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND. AUTHORIZING A
MAINTENANCE AND OPERATING AGREEMENT
FOR THE MULTI -CULTURAL SERVICE CENTER WITH PACNC
WHEREAS, the PACNC (Pilipino-American Community of National City)
and the Community at large are in need of a place to hold events and programs of
cultural significance; and
EXHIBIT 9
WHEREAS, through the combined funding of the State of California,
Community Development Block Grants, and Redevelopment Agency, the former Girls'
Club at 1521 "C" Avenue has been rehabilitated to accommodate PACNC and other City -
based groups; and
WHEREAS, the City Council has named the building at 1521 "C" Avenue
the "Multi -Cultural Service Center"; and
WHEREAS, PACNC has agreed to take on the responsibilities of
maintaining and operating the Multi -Cultural Service Center under the terms of a
Maintenance and Operating Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the City Council authorizes the Mayor to execute a Maintenance and
Operating Agreement for the Multi -Cultural Service Center with PACNC. The original
of said Agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 23rd day of February, 1993.
A 1 1 EST:
ALL (,,� .
Lori Anne Peoples, City lerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George H. Waters, Mayor
MAINTENANCE AND OPERATING AGREEME L
This Maintenance and Operating Agreement, made and entered into
this �.3 day of ��,, . 1993, by and between the City of National City,
California, hereinafter designated as "City, " and the PiIipino-American Community
of National City, California, Incorporated, hereinAfter designated as "Operator. "
RECITALS
A. Operator is desirous of utilizing certain improved real property
owned by City for the purpose of maintaining a Community Services Center
thereon.
B. The use of said property for the purpose aforementioned will
promote the general welfare of the inhabitants of the City of. National City.
NOW, THEREFORE, the parties hereto agree as follows:
1. Premises. The real property which is the subject of this
Agreement is situated in the City of National City, County of San Diego, State of
California, and described in Exhibit "A," which is attached hereto and incorporat-
ed herein by reference.
2. Duration. This Agreement shall be for a period of five (5)
years from the date first above written. If, not later than one (I) year after the
date first above written, and on each successive anniversary of the making of this
Agreement, Operator is not then in default of this Agreement, Operator may
Page 1 of 7
extend this Agreement for a five (5) year term, by giving written notification to
City of Operator's election to extend.
3. Consideration. City and Operator acknowledge that the
consideration for this Agreement shall be the mutual benefit to be derived from
Operator's use and maintenance of a Community Services Center on the premises.
4. Use. The above -described premises are to be used by Operator
for the purpose of maintaining a Community Services Center opening not earlier
than 7:00 a.m. each day and closing at 4:00 p.m. on Monday, 10:00 p.m. on
Sunday, Tuesday, Wednesday, and Thursday and Midnight on Friday and
Saturday, and to be used exclusively and for no other purpose than to maintain
said Community Services Center, to promote the physical, mental and moral well-
being of the citizens of National City and the community in general of the City of
National City and territory adjacent thereto and to provide such means of education
and community services as may seem most likely and desirable for the accomplish-
ment of the purposes herein set forth. Operator further understands that its use of
— the subject premises shall be nonexclusive to the extent that the Boys and Girls
Club of National City shall have reasonable access to the leased facilities during
the construction phase of the Boys and Girls Club's new facility to be constructed
at 1430 "D" Avenue, such use to be subject to agreement between Operator and
the Boys and Girls Club, and upon prior forty-eight (48) hours written notice to
Operator.
Page 2 of 7
Any other user of the premises must have the prior written approval
of the City Council of City and must qualify under the Internal Revenue Code as
a non-profit 501(c)(3) organization.
5. Improvements. Operator shall bear the entire expense arising
by reason of any improvements it makes on the premises, and any improvements,
and the operation and maintenance thereof, shall conform with all the requirements
of laws of the State of California and the ordinances of the City of National City.
Any permanent improvements shall require the advance written approval of City.
6. Maintenance and Repair. City shall not be liable for the repair
or upkeep and/or maintenance of the premises including any improvements.
Operator shall be responsible for all maintenance, including janitorial and repair,
and the costs of all utilities on the premises except where there is joint use
pursuant to Section 4 hereof, for which the Boys and Girls Club of National City
shall pay its pro-rata share of any costs. Operator shall to the satisfaction of the
City keep the premises in as good order, condition and repair as reasonable use
and wear thereof will permit.
7. Insurance. Operator shall obtain and maintain, throughout the
period of this Agreement, comprehensive general Iiability insurance with minimum
Iimits of One Million Dollars (SI,000,000.00) combined single limit per
occurrence, covering aII bodily injury and property damage arising out of this
Agreement.
Page 3 of 7
This policy shall name City and its officers, agents, and employees as
additional insureds, and shall constitute primary insurance as to City, its officers,
agents and employees, so that any other policies held by City shall not contribute
to any loss under said insurance. Said policy shall provide for thirty (30) days'
prior written notice to City of cancellation or material change. Prior to com-
mencement of this Agreement, Operator shall furnish City a certificate of
insurance and with original endorsements affecting coverage required by this
clause.
The certificate and endorsements for the insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificate and endorsements are to be received and approved by City before this
Agreement is signed.
Operator shaII keep the improvements Iocated on the leased premises
insured against loss or damage by fire in the amount of not less than eighty-five
(85) percent of replacement value.
If the required insurance coverage is provided on a "claims made"
rather than "occurrence" form, Operator shall maintain such insurance coverage
for three (3) years after expiration of the term (and any extension) of this
Agreement.
If Operator does not keep an insurance policy in full force and effect
at all times during the term of this Agreement, City may elect to treat the failure
Page 4 of 7
to maintain the requisite insurance as a breach of contract and terminate this
Agreement forthwith.
Insurance provisions of this Agreement may be reviewed by City
every five (5) years, and the required coverages increased as deemed necessary by
City.
8. Inspection. City, by and through its proper officers, reserves
and shall always have the right to enter the premises for the purpose of viewing
and ascertaining the conditions of the same and the operation and maintenance
thereof.
9. Termination. Nothwithstanding the provisions of Section 2,
either City or Operator may terminate this Agreement, or any extension thereof,
without cause, upon ninety (90) days' written notice to the other party.
10. Removal of Improvements. It is further agreed between the
parties that at the termination or expiration of this Agreement or any renewal
thereof, Operator shall, within thirty (30) days of written request by City, remove
any and all personal property placed or erected on the premises, during the term
thereof, or any renewal thereof, and that all expense connected with such removal
shall be borne by Operator. City shall have the right to sell, destroy, remove, or
otherwise dispose of any such personal property left on the premises longer than
thirty (30) days after termination of this Agreement.
Page 5 of 7
11. Non -Discrimination. Operator agrees that there shall be no
discrimination against or segregation of any person or group of persons, because
of race, color, creed, national origin, sex, ancestry, marital status, physical
handicap, or medical condition, in the use, occupancy, or enjoyment of the
premises, nor shall Operator, or any person claiming under or through it, establish
or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use, or occupancy of users in the
premises. Operator shall, for the purpose of promoting the interests of National
City residents, insure that at Ieast 80% of its governing board and membership
shall be National City residents.
12. Waiver. The failure or omission of City to terminate this
Agreement for any violations of any of its terms, conditions, or covenants shall in
no way be deemed to be a consent by City to such violation and shall in no way
bar, stop or prevent City from terminating this Agreement thereafter, either for
such or for any subsequent violation of any such term, condition or covenant.
13. Sians. Operator agrees that no sign, advertisement, or notices
shall be inscribed, painted or affixed on or to any part or portion of the outside of
the premises except to be of such type and color, size and style, and in such place
as may be approved by the City Council.
14. Taxes. Operator recognizes and understands that this
Agreement may create a possessory interest subject to property taxation and that
Page 6 of 7
Operator may be subject to the payment of property taxes levied on such interest.
Operator further agrees to pay any and all property taxes, if any, assessed during
the term of this Agreement pursuant to Sections 107 and 107.1 of the Revenue and
Taxation Code against Operator's possessory interest in the premises.
15. Prohibited Activities of Operator. It is specifically prohibited
for Operator to sponsor, engage in or permit any of the following activities upon
the premises:
a) Bingo
b) Consumption of alcoholic beverages, unless prior written approval of
the City Council and State Department of Alcoholic Beverage Control
is first obtained.
c) Scheduling of events on Monday evenings (after 4:00 p.m.)
CITY OF NATIONAL CITY
B/. /2 -----_—
George1 H. Waters, Mayor
PILIPINO-A.MERICAN COMMUNITY OF
NATIONAL CITY, INCORPORATED
By:
Page 7 of 7
Passed and adopted by the Council of the City of National City, California,
on February 23. 1993 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Da11a, Inzunza. Morrison. Zarate. Waters
Non e
None
Non e
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
LQRI..ANNE..EEQELES
City Clerk of the City of National City, California
(Seal) By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. ....9 3.7.2 4 of the City of National City,
Calif., passed and adopted by the Council of said City on Fe b r u a ry23. 1993
City Clert of the City of National Cit, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 28, 1998 6
AGENDA ITEM NO
/*ITEM TITLE A Resolution of the City Council of the City of National City
Endorsing the One -Quarter Cent Sales Tax to be Used to Raise Revenue for
Library Programs, Operations and Facilities.
PREPARED BY Anne Campbell Apa4,;, DEPARTMENT Library
EXPLANATION
The San Diego Regional Library Authority has endorsed an initiative for
local voter approval for a one -quarter cent sales tax for five years to
be used exclusively for library purposes. This initiative would provide
that each city within the the County would receive the quarter -cent sales
tax revenue generated within their city for purposes of funding new librar
services and projects. The funds could not be used to supplant existing
services and projects.
The proposed initiative would provide necessary funds to improve the quali
of library services and facilities for National City residents. Funds wou=
be used to replace the outdated library with a new facility designed to
meet the future needs to National City residents. The remainder of funds
would be placed in an endowment fund. The endowment would provide annual
interest revenue for funding additional hours of library services, provide
funding for additional library services, enhance the library's
materials collection and provide increased access to electronic information.
Environmental Review
Financial Statement
The County may request participating cities to assist with financing the
cost of the election. Cities couJ._pay a portion based on either populati
or number of regiestered voters. Actual fiscal impact for National City is
nknown at this time. Account No
STAFF RECOMMENDATION
Approve resolution
X N/A
BOARD/COMMISSION RECOMMENDATION
The Library Board approved support for a quarter -cent sales tax measure on
May 29, 1996. On November 11, 1998, the Library Board approved a National
City Plan for Programs, Operations and Facilities to be funded by the sale
ATTACHMENTS (Listed Below)
1. Resolution
2. Letter from Citizens in Action for Local Libraries - C.A.L.L.
98-48
Resolution No.
d
n
A-200 (Rev. 9/801
RESOLUTION NO. 98 — 48
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ENDORSING THE
ONE -QUARTER CENT SALES TAX TO BE
USED TO RAISE REVENUES FOR LIBRARY
PROGRAMS, OPERATIONS, AND FACILITIES
WHEREAS, on October 21, 1997, the Board of Supervisors of the
County of San Diego established the San Diego County Regional Library Authority (the
"Authority"); and
WHEREAS, the Authority is governed by a Board of Directors comprised
of a representative of the County of San Diego, and of representatives of each of the 18
cities in the County, including National City; and
WHEREAS, the Authority has enacted the Community Libraries
Enhancement Ordinance, which proposes a sales tax of one -quarter of one percent
(1/4%) for a five year period, to be considered for approval at the March, 1999 election
by a two-thirds (2/3) vote of the qualified voters of San Diego County voting on the
measure; and
WHEREAS, if the measure is approved, the proceeds of the sales tax
shall be used to raise revenues for the library programs, operations and facilities of the
County and each of the 18 cities in the County; and
WHEREAS, within the City of National City, the proceeds of the sales
tax would be used for the following purposes:
• Replace the outdated library with a new facility designed to meet the future
needs of National City residents;
• Provide additional hours of library service;
• Provide funding for additional library services;
• Enhance the library's materials collection;
• Provide increased access to electronic information; and
Resolution No. 98-48
April 28, 1998
Page Two
WHEREAS, enhancement of the National City Library and its services
will assist the citizens of National City in achieving the American Dream — that every
citizen will have the opportunity to advance in our society as far as his or her ability
and willingness to work will allow.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of National City hereby supports and endorses the one -quarter cent sales tax to be
considered for approval by the voters of the County of San Diego at the March, 1999
election, and which, if approved, will generate revenues to be used for library
programs, operations and facilities.
PASSED and ADOYIED this 28th day of April, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Citizcas is Actiob For Local Lilrarics — CALL
Apri19, 1998
Honorable George Waters
Mayor, National City
1243 National City Boulevard
National City, CA 91950-4397
Dear
6rs
,
As a member of the Regional Library Authority, representing National City, you know
that the Authority recently voted unanimously to place a tax measure benefiting local
libraries countywide on the March 1999 ballot.
As we begin the campaign to pass this ordinance (which we hope will be titled "Measure
L") it is absolutely critical that we have the public support of your city council. Support
from every city will be the foundation for our efforts to win organizational endorsements
throughout the county.
Your city's original vote to join the Authority is not sufficient for this purpose. We need
a clear statement of support for the specific ordinance that the Authority has adopted — a
formal endorsement that can be printed on "Yes on L" campaign literature and publicized
to voters.
If your city has already endorsed the measure, please notify our campaign coordinator.
Steve Hill (619-295-1750), and provide him with a copy of the resolution (or other
action) taken by your council. If you have not taken action, please move as quickly as
possible to put this matter on your council's agenda and let Steve know the date and time
of the meeting at which action will be taken. If your council wishes it, Steve will be clad
to schedule someone from the campaign to formally present the issue.
Because we are planning to begin our push for organizational endorsements immediately
after the June primary, the campaign urges your city to take action no later than June 1st.
Thank you for your continuing efforts to support local libraries. With your help, we're
going to win this election and give our communities the quality of library service they
deserve.
Sincerely,
/1101 McC .y, Chair
egional Library Authority
1911 Petra Drive•San Diego•CA•92104-0742
Phone (619)640-1999 Fax (619)296-8282
City of National City, California
COUNCIL AGENDA STATEMENT
SECOND READING
**Refer to Item #1
EEETING DATE April .8, 1998 AGENDA ITEM NO
/
/ ITEM TITLE. ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 6 BY REPEALING
CHAPTER 6.72 (TATTOOING) AND AMENDING TITLE 9 BY ADDING CHAPTER 9.54 REGULATING TATTOOING THROUGH
ADOPTION OF CHAPTER 3 (COMMENDING WITH SECTION 66.301) TO DIVISION 6 OF TITLE 6 OF THE SAN DIEGO COUNTY
CODE OF REGULATORY ORDINANCE RELATING TO TATTOO PARLORS AND MOBILE TATTOO PARLORS
PREPARED BY
EXPLANATION
Rudolf Hradecky ^ a
DEPARTMENT
Senior Assistant
City Attorney
As part of a proposed reorganization of Title 6 into a more functional orientation, and to address issues
regarding public health regulation, it is recommended that regulations covering tattooing be relocated
to Title 9 (Health Department) from Title 6. The San Diego County Health Department regulates this
business, and the ordinance will both adopt those provisions by direct incorporation and thereby allow
the Police Department to exercise concurrent jurisdiction in the event such a business chose to locate in
National City.
This ordinance has been prepared in coordination with the Police and Finance Departments, and the
County Health Department.
X
Environmental Review N/A
Financial Statement
N/A
Account No
6TAFF RECOMMENDATION
. Adoption of ordinance.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTAC:1MENTS (Listed Below/ Resolution No
Ordinance
Copy of San Diego County ordinance J
5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING THE NATIONAL
CITY MUNICIPAL CODE BY AMENDING TITLE 6 BY
REPEALING CHAPTER 6.72 (TATTOOING) AND AMENDING
TITLE 9 BY ADDING CHAPTER 9.54 REGULATING TATTOOING
THROUGH ADOPTION OF CHAPTER 3 (COMMENCING WITH
SECTION 66.301) TO DIVISION 6 OF TITLE 6 OF THE SAN DIEGO
COUNTY CODE OF REGULATORY ORDINANCE RELATING
TO TATTOO PARLORS AND MOBILE TATTOO PARLORS
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended to read as follows:
Section 1. That Title 6 is amended by repealing Chapter 6.72 relating to
Tattooing.
follows:
Section 2. That Title 9 is amended by adding Chapter 9.54 to read as
Chapter 9.54
TATTOOING
Sections:
9.54.010 Generally.
9.54.020 Adoption of regulations.
9.54.030 Enforcement and administration.
9.54.40 Regulatory fees.
9.54.010 Generally. It is in the public interest and welfare that any
person engaging in the business of tattooing be required to meet certain minimal standards
and that the business be regulated for the health and safety of the general public.
9.54.020 Adoption of regulations. A. The City Council hereby adopts
the provisions of Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the
San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be
amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile
tattoo vehicles within the City of National City. A copy of those provisions is on file in the
office of the City Clerk.
Ordinance No.
Page 2 of 2
B. It is unlawful for any person to operate a tattoo parlor, mobile tattoo vehicle or as a
tattoo artist in the City without a permit issued pursuant to the provisions adopted in Section
9.54.020A.
9,54.030 Enforcement and administration. A. The enforcement and
administration of this Chapter remains under the primary jurisdiction of the San Diego
County Health Officer and violations may be cited as violations of the applicable provisions
of the San Diego County Code of Regulatory Ordinances, or as a violation of Section
9.54.020B.
B. The Chief of Police may exercise concurrent jurisdiction with the County Health
Officer in administering this Chapter 9.54.
9.54.040 Regulatory fees. Applicants shall pay regulatory fees imposed
by the County of San Diego for licensing, in addition to any business taxes required by
Chapter 6.04. The Finance Director shall coordinate collection of such fees with the
cognizant officers.
PASSED and ADOPTED this 7th day of April, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
' L4;
George H. Eiser, III
City Attorney
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WRITTEN COMMUNICATIONS
ITEM #8
April 20, 1998
City Council
City of National City
1243 National City Boulevard
National City, Ca. 91950
Dear Sir/Madam:
It is requested that beer and wine will be permitted to be served at a gathering to be held in the
Pilipino-American Community Center (PACNC) on Saturday, May 2, 1998 between the hours of
5:00 to 11:00 PM. All attendees will be adults with a majority of senior citizens.
The undersigned will be the person in charge of the party. Security guards will be provided. For
further information, please call Joaquin Fune, Sr. at 619-475-2655.
Thank you for your consideration.
Sincerely,
7baquiiFine, Sr. v �
2828 Plaza Boulevard
National City, Ca. 91950
a
Operator may be subject to the payment of property taxes levied on such interest.
Operator further agrees to pay any and all property taxes, if any, assessed during
the term of this Agreement pursuant to Sections 107 and 107.1 of the Revenue and
Taxation Code against Operator's possessory interest in the premises.
15. Prohibited Activities of Operator. It is specifically prohibited
for Operator to sponsor, engage in or permit any of the following activities upon
the premises:
a) Bingo
Consumption of alcoholic beverages, unless prior written approval of
the City Council and State Department of Alcoholic Beverage Control
is first obtained.
S-c`heduling of events on Monday evenings (after 4:00 p.m.)
CITY OF NATIONAL CITY
By:
Georg H. Waters, Mayor
PILIPINO-AMERICAN COMMUNITY OF
NATIONAL CITY, INCORPORATED
B
Pape 7 of 7
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 28, 1998
9
AGENDA ITEM NO.
ITEM TITLE
PREPARED BY
EXPLANATION.
CONSIDER AUTHORIZING LETTER OF SUPPORT FOR ASSEMBLY BILL 2228 (DAVIS)
George H. Eiser, III 1DEPARTMENT
City Attorney
The Western States Petroleum Association has filed suit against the County of San Diego
alleging, in part, that state law preempts local authority in the field of regulating distribution and sales
of motor vehicle fuels. AB 2228, which will be heard by . the Assembly Consumer Protection,
Governmental Efficiency and Economic Development Committee on May 5th, clarifies that nothing in
state law prohibits a city or county from adopting an ordinance regulating the sale and/or distribution
of motor vehicle fuels.
Assemblymember Susan A. Davis of the 76th District, who introduced AB 2228, has requested a letter
of support of the legislation from National City.
Environmental Review X N/A
Financial Statement
N/A
Account No
STAFF RECOMMENDATION
Authorize the Mayor to send a letter of support to Assemblymember Ducheny.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (listed Below)
Letter, with attachments, from Assemblymember Davis.
Resolution No.
A400 (Re. °1801
RPR-09-1998 14:23
ASSEMBLYWOMAN SUSAN DAVIS 619 294 2348 P.02/05
STATE CAPITOL
P.O. BOX 942849
SACRAMENTO, CA 94249-0001
(916) 44.5-7210
DISTRICT OFFICE
1010 UNIVERSITY AVENUE
SUITE C-207
SAN DIEGO, CA 92103
(619) 294-7600
April 9, 1998
Callfarnia ' trr zi thtrr
SUSAN A_ DAVIS
ASSEMBLYWOMAN, SEVENTY-SIXTH DISTRICT
George H. Eiser III, City Attorney
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Eiser:
CHAIR,
CONSUMER PROTECTION,
GOVERNMENTAL EFFICIENCY 8
ECONOMIC DEVELOPMENT
BUDGET
EDUCATION
HEALTH
INTERNATIONAL TRADE
8 DEVELOPMENT
I am writing to request a letter of support from the City of National City for Assembly Bill 2228.
which I have introduced this session to address the issue of state preemption in the field of
distribution and sales of motor vehicle fuels.
As you know, the Western States Petroleum Association has filed suit against the County of San
Diego alleging, in part, that state law preempts local authority in this field. AB 2228, which will
be heard by the Assembly Consumer Protection, Governmental Efficiency and Economic
Development Committee on May 5s', clarifies that nothing in state law prohibits a city or county
from adopting an ordinance regulating the sale and/or distribution of motor vehicle fuels.
I have enclosed a copy of AB 2228 and a support letter submitted by the City of Encinitas.
Please do not hesitate to contact Mark Pettis in my District Office at (619) 294-7600 if you have
any questions.
Thank you for your attention to this matter.
Sincerely,
SUSAN A. DAVIS
Assemblymember, 76th District
SAD/mp
Serving the City of San Diego
awn
Prrnte. on Recycte0 Paper
841191
25,1 2348 F.07, %JS
Display 1997-1998 Bill Text - INFORMATION
BILL NUMBER: AB 2228
BILL TEXT
INTRODUCED BY Assembly Member Davis
FEBRUARY 19, 1998
An act to add Section 21200.1 to the Business and Professions Code,
relating to petroleum.
LEGISLATIVE COUNSELS DIGEST
PAGE 1
AB 2228, as introduced, Davis. Petroleum: competition.
Under existing state law, a refiner, distributor, manufacturer, or
transporter of motor vehicle fuels is prohibited from discriminating in price
between different purchasers if the effect of the discrimination is harmful to
competition, as specified.
This bill would provide that nothing in state law shall invalidate an
ordinance of, or be construed to prohibit the adoption of an ordinance by, a
city, city and county, or county, if that ordinance regulates competition in
the refining, wholesale or retail distributing, pricing, manufacturing, or
transporting of motor vehicle fuels or oils.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21200.1 is added to the Business and Professions Code,
to read:
21200.1. Nothing in this code or in any other statute shall invalidate an
ordinance of, or be construed to prohibit the adoption of an ordinance by, a
city, city and county, or county, if that ordinance regulates competition in
the refining, wholesale or retail distributing, pricing, manufacturing, or
transporting of motor vehicle fuels or oils.
APR-09-1998 14:24
ASSEMBLYWOMAN SUSRN DAVIS 619 294 2348 P.04/05
STATE CAPITOL
P.O. BOX 942849
SACRAMENTO, CA 94249-0001
(916) 445-7210
DISTRICT OFFICE
1010 UNIVERSITY AVENUE
SUITE C-207
SAN DIEGO, CA 92102
(619) 294-7600
sztntill t
California 1Egisiafurr
SUSAN A. DAVIS
ASSEMBLYWOMAN. SEVENTY-SIXTH DISTRICT
Assembly Bill 2228 (Davis)
Local Control Over Gas Prices
Fact Sheet
CHAIR,
CONSUMER PROTECTION,
GOVERNMENTAL EFFICIENCY &
ECONOMIC DEVELOPMENT
BUDGET
EDUCATION
HEALTH
INTERNATIONAL TRADE
& DEVELOPMENT
The Problem
San Diegans pay, on average, at least fifteen cents more for a gallon of gasoline than motorists in
nearby Orange and Los Angeles Counties. The oil industry has been unable to provide a
reasonable explanation for this price difference. Furthermore, Big Oil has stymied efforts at the
state Ievel to rectify the situation.
As a result, in early February, San Diego County passed and the City of San Diego is considering
aggressive legislation aimed at lowering gas prices in the San Diego region by regulating the
distribution and sale of gasoline to ensure fair competition.
The Western States Petroleum Association has filed suit against the City and County of San
Diego alleging, in part, that these local ordinances are invalid because state law preempts local
control over gasoline regulation.
The Solution
AB 2228 clarifies that no preemption exists in state law that prohibits local agencies from
enacting ordinances that regulate the distribution or sale of motor vehicle fuels.
Need for the Bill
AB 2228 is necessary to clarify that local agencies can take action on the gas prices issue. The
County and City argue that their ordinances do not infringe nn existing state law relating to the
rights of franchises in their relationships with oil companies and refineries. Instead, the
ordinances encourage franchising and promote increased competition in. the market, thereby
addressing unfair pricing practices at the refinery and company levels.
It is important to note that AB 2228 is not an effort to regulate the oil industry. It is simply a
clarification of current state law.
Supporters
• San Diego County
• City of Del Mar
• Automotive Trade Organizations of California
Contact
Sailaja Cherukuri (916) 445-7210
Serving the City of San Diego
Printed on Recycled Paper
619 254 2348 P. 05/05
Lou Asper'
Mayor
Chuck DuVivier
Deputy Mayor .
James H. Bond
Council Manger
Sheila Cameron
Council Mcnbcr
John Davis
Council Member
/fen M. 1Vasserman
City Manager
City of
Encinitas
March 26, 1998
The Honorable Howard Kaloogian
74th District
701 Palomar Airport Road, Suite 190
Carlsbad, CA 92009
Re: AB 2228 Petroleum Competition
Dear Howard:
DISTRICT OFFICE
MAR 2 7 1998
On behalf of the City of Encinitas, I am asking for your support of AB 2228 (Davis)
which would strengthen petroleum "divorcement" ordinances adopted by various cities
and the County of San Diego. Consumers in our region are paying a premium for
gasoline which cannot be solely attributable to market pricing. Encinitas, like several
other San Diego county cities, has adopted an ordinance which promotes competition
by reducing oil companies' vertical market control.
AB 228 would provide that nothing in state law shall invalidate, or prohibit the
adoption of an ordinance by a city or county that regulates competition in refining,
wholesale or retail distributing, pricing, manufacturing, or transporting of motor
vehicle fuels or oils.
I ask for your support in urging your colleagues to join you in supporting this
legislation.
Aspell
ayor
James F. Bens
Aaisranr City Manager C:
Encinitas City Council
Susan Davis, 76th District
Greg Cox, Chair, San Diego County Board of Supervisors
Capri & Clay
iplegiskab2222.1tr
EL 760-633-2601 / FAX 760-633-2627 505 S. Vulcan Avenue. Encinic s, California 92024.3633 TDa 760.63_,7on
Office of
Mayor
rn+.w..iwa nar.n.
TOTPL P.es
ITEM #10
Action(s) taken or directionsgiven:
Closed Session Report
'Date of Closed Session:
Purpose:
❑ §54956.7 License/Permit Determination
❑ §54956.8 Real Property Negotiations
Gx §54956.9 Pending Litigation
❑ 154957.6 Labor Negotiations
❑ §54957 Threat: Employee Appointment
Evaluation, Discipline
Subject Matter of Session:
Consider
for breach of contract
April 7 ,.19 98
NOT A PUBLIC RECORD
UNTIL THE INFORMATION IN THIS BOX IS
COMPLETED. SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE CITY ATrORNEY's
OFFICE
Release Au hoi77sd:
By:
April 23
,I9 98
VC
George H. Eiser, III
City Attorney
initiation of litigation against SDG&E
Property Identification (if applicable):
N/A
Name of Case and Court Number (if applicable): City of National City v.
& Electric Co.
Commence litigation
San Diego Gas
Case No. SB6574
Council Members and Their Votes:
Name:
Aye
No
Abstain 1 Absent
Mayor Waters
X
Vice -Mayor Inzunza
X
Councilman
Beauchamp
X
Councilman
Morrison
X
Councilwoman
Zarate
,-X
Voting Tally
Non -Disclosure of action taken recommended (check if yes) 0
Legal Justification (if yes) (see §54957.1):
❑ Disclosure would interfere with service of process
❑ Disclosure would impair ability to settle
❑ Negotiations not complete!final agreement not approved
❑ Employee dismissal/adminisaative remedies not exhausted
explanation:
If acsct ,cn c dis,:ustific: by ,—nor of
con lic. of
/ If absct far .—ions ocher than disau_iific
by Cason of :oniiic: of irate =cr.
approved:
3eorge Eiser, City Attorney, Ciry of National City
Dated: 4/2 3/9 8