HomeMy WebLinkAbout1998 02-17 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - FEBRUARY 17, 1998 - 3:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO
YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE
CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF A REGULAR MEETING OF FEBRUARY 10,
1998.
COUNCIL AGENDA
2/17/98 Page 2
INTERVIEWS/APPOINTMENTS
Boards and Commissions - Interviews
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters which are of a
routine or noncontroversial nature. All consent calendar items are adopted by
approval of a single motion by the City Council. Prior to such approval, any item
may be removed from the consent portion of the agenda and separately
considered, upon request of a Councilmember, a staff member, or a member of
the public.
1. Resolution No. 98-20
Resolution of the City Council of the City of National City approving a
Conditional Use Permit for the sale of beer, wine and distilled spirits within
a new drug store proposed at 1201 E. Plaza Boulevard. Applicant: Leads,
Inc. for American Stores, Inc. Case File No. CUP-1997-6. (Planning)
2. Resolution No. 98-21
Resolution of the City Council of the City of National City authorizing the
Mayor to execute the first amendment to the San Diego Port District Police
and Fire Services Agreement. (Fire)
3. WARRANT REGISTER #31 (Finance)
Ratification of Demands in the amount of $286,794.76.
COUNCIL AGENDA
2/17/98 Page 3
NON CONSENT RESOLUTIONS
4. Resolution No. 98-22 * (Continued from Council Meeting of 2/3/98)
Resolution of the City Council of the City of National authorizing the Mayor
to execute a renewal Agreement between the City of National City and the
Metropolitan Transit Development Board (MTDB) allowing the MTDB to
regulate paratransit vehicles (taxicabs, etc.) operating in the City of
National City. (Police)
ORDINANCE FOR INTRODUCTION
5. An Ordinance adding Chapter 6.74 to Title 6 of the National City Municipal
Code relating to service stations. (City Attorney)
ORDINANCES FOR ADOPTION
6. An Ordinance of the City Council of the City of National City repealing
Chapter 6.45 regarding garage sales and repealing Section 7.21.120, and
adding Chapter 7.21 to the Municipal Code to regulate garage, yard and
rummage sales. (City Attorney)
7. An Ordinance of the City Council of the City of National City amending Title
10 of the National City Municipal Code by adding Chapter 10.45 regarding
security and fire alarm systems. (Police)
WRITTEN COMMUNICATIONS
8. Letter from David Nagy, President of "Christmas in July" concerning
"Christmas in July-- Five House Subdivision."
COUNCIL AGENDA
2/17/98 Page 4
NEW BUSINESS
9. Project Area Committee Vacancy. (Community Development Commission)
10. Use of the Community Building by County Health on one Monday evening
per month through June 1998 on a continuous basis, and waiver of fees.
First use would be February 23, 1998. (Public Works)
11. Temporary Use Permit — Califormula Broadcasting/Z-90, X99, and Radio
Latina. (Building & Safety)
—� CITY MANAGER
—> CITY ATTORNEY
12. Closed Session Report — Briseno (No action required)
— OTHER STAFF
- MAYOR
—* CITY COUNCIL
COUNCIL AGENDA
2/17/98 Page 5
NEW BUSINESS (Cont.)
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.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION.
Significant exposure to Litigation Pursuant to Government Code Section
54956.9 (b) — One Potential Case.
ADJOURNMENT
Next Regular City Council Meeting — February 24, 1998 - 6:00 p.m. -
Council Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
Office of the Mayor
1243 National City Blvd., National City, CA 91950 (619) 336-4230
George H. Waters - Mayor
February 3, 1998
Ms. Bernice Chunn
921 Olive Avenue
National City, CA 91950
RE: APPOINTMENT TO CITY BOARDS & COMMISSIONS
Dear Ms. Chunn:
This letter is to notify you that in order to be considered for appointment to one of our
City's Boards and Commissions, ycu are required by City policy to appear before the
City Council for an interview.
You are, therefore, requested to appear for consideration for appointment at our
Council meeting on Tuesday, February 17, 1998 at 3:00 p.m. in the Council
Chambers.
If you are unable to attend, please contact my office immediately. Your prompt
attention to this matter is greatly appreciated.
Sincerely,
40-4R7H. WATERS
MAYOR
GHW:nu
CITY OF NATIONAL `CITY
APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS
PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background
information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City.
Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
(You May Apply for More than One)
Building Advisory & Appeals Board
Civil Service Commission
Senior Citizens Advisory Board
Parks & Recreation Advisory Board
Serra Library Systems Board
Street Tree & Parkway Committee
Project Area Committee
Student Commissioner
Name: C 1 U 1`1►-i
(Last)
Home Address: %� J 0 )1 V I✓
Planning Commission
Port Commission
Traffic Safety Committee
Library Board of Trustees
Sweetwater Authority
San Diego County Water Authority
Housing & Community Development
Committee X
(First)
Birth Date
(Optional)
Telephone: Residence ( Y rf % - Q.. % / ) Business/Work ( )
NUMBER OF YEARS YOU HAVE LIVED IN: L�/ ' /
CALIFORNIA? (o / SAN DIEGO COUNTY? / NATIONAL CITY? y3
ARE YOU A REGISTERED VOTER: YES NO
STE HT FIS SIP*
College attended and 0u-I- e.rv\dLaII urn Co /P4e-`J)2_rea r� l Y( p/0✓no.)
esrees held, if
any: .T
Related Professional or Civic SvlI I f
erienP: Ion v"\i5-�' az-tive -Sec ,ee�ula. Ne'5Cr;=„^
co
coI �i15t`!`ICT— rf of's
vPlo '- Fese-fc.)
PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE ier
REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS`, COMMITTEES 1 OR
COMMISSIONS: C osse e.r Me,,,,,b e r Board a�T os eeS We +i ;)inn./ C;fy �n c i S�lc•, v
5 -\ e\1 Adto Rr-cAas)nJ q pl-% Cc�1-e fricaI ?Y, Jr�vt�5;
pQrc'.rI oV\S d
DATE: I—F
YOUR SIGNATURE �/ p/)iy,���, j i — r.J
RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 17, 199ft
ITEM TITLE RESOLUTION - CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED
SPIRITS WITHIN A NEW DRUG STORE PROPOSED AT 1201 E. PLAZA BOULEVARD.
APPLICANT: LEADS, INC. FOR AMERICAN STORES (SAV-ON) CASE FILE NOS.: CUP-1997-6/IS-1997-11.
1
AGENDA ITEM NO
PREPARED BY
EXPLANATION.
Harold Phelps
DEPARTMENT
Planning
This CUP allows for the sale of alcohol at the proposed new Say -on Drug Store at the northeast
corner of Plaza and L. The City Council approved it at the public hearing held last meeting, and added
conditions regarding the sale of alcohol. These are incorporated in the attached resolution, along with
others that had been required by the Planning Commission.
Environmental Review N/A
Financial Statement
N/A
Negative Declaration.
Account No
STAFF RECOMMENDATION
Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
City Council Resolution
Resolution No 98-20
A-200 (Re.. °/807
RESOLUTION NO. 98 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER, WINE AND
DISTILLED SPIRITS WITHIN A NEW DRUG STORE
PROPOSED AT 1201 E. PLAZA BOULEVARD.
APPLICANT: LEADS, INC. FOR AMERICAN STORES, INC.
CASE FILE NO. CUP-1997-6
WHEREAS, the City Council of the City of National City considered a Conditional Use
Permit application for the sale of beer, wine and distilled spirits within a new drug store proposed
at 1201 E. Plaza Boulevard at the regularly scheduled City Council meeting on February 10,
1998, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File No. CUP-1997-6, which is maintained by the City and incorporated herein by
reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City, California, that the testimony and evidence presented to the City Council at the public
hearing held on February 10, 1998, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the proposal provides
for a new 16,793 sq. ft. building on a lot larger than 3 acres, with ample parking,
landscaping, and adequate driveway access and drive-thru facilities for a pharmacy.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, since
the proposed site design will provide for one driveway from Plaza Boulevard, and one
from "L" Avenue. It will remove two additional, existing driveways from Plaza
Boulevard and "L" Avenue, thus improving traffic flow. In addition Plaza Boulevard has
the capacity to accommodate the net increase in traffic from the development proposed.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since there will be sufficient landscaping and a screening wall between commercial and
residential zoned properties, and the project will be compatible with adjacent commercial
development.
CONTINUED ON PAGE 2
Resolution No. 9 8 — 2 0
Page 2 of 8
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will allow the Say -on drug store to continue to provide an equal or greater
level of service within a new building in the same area as it currently operates.
BE IT FURTHER RESOLVED that the City Council has considered the proposed
Negative Declaration No. IS-97-11 together with any comments received during the public
review process, and finds on the basis of the Initial Study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment,
approves the Negative Declaration, and authorizes the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. The pavement in the new parking areas for the proposed building shall consist of a
minimum of 2" A.C. over 4" A.B. Extensive pavement repairs are required on -site
throughout the parking lot. All paved areas which are going to be removed, shall be
replaced with sections consisting of a minimum of 2" A.C. over 4" A.B. All areas of
asphalt pavement in the parking lot joining the adjacent public sidewalk shall be
constructed/reconstructed flush with the sidewalk to eliminate trip hazards.
2. The bus zone sign on Plaza Boulevard shall be removed and relocated to the back of the
sidewalk, or at least 4 feet behind the back of curb, to permit wheelchair access and
passage through the bus bench.
3. Sufficient on -site lighting shall be provided on the west side of the property, such as in
the parking lot, to enhance the lighting along "L" Avenue.
4. A sewer permit, and/or payment of sewer fees, will be required. The method of sewage
collection and disposal shall be shown on the plans. The sewer laterals shall be 6 inch in
size with a clean -out. Separate laterals shall be provided for the two buildings.
5. The deteriorated portions of the existing street improvements along the property frontages
shall be removed and replaced. Specifically, a 15' X 5.5', an 11' X 5.5', and a 10' X 5'
section of the sidewalk on "L" Avenue, and a 15' X 5' section of the sidewalk on Plaza
Boulevard, as marked at the site. All of these sidewalk sections are either raised above,
or settled below the curb level, present a safety hazard for pedestrians, and are not
suitable for grinding.
CONTINUED ON PAGE 3
Resolution No. 9 8 — 2 0
Page 3 of 8
6. Sidewalk grinding shall be performed on the edges along the curb of "L" Avenue and on
Plaza Boulevard, as marked at the site, for those areas not requiring complete removal.
This work excludes the portions of the sidewalk which will be removed for the new
driveways. Some panels to be grinded are located by the bus loading zone on Plea
Boulevard. The grinding operation shall meet the air quality requirements.
7. The existing street improvements along the property frontages shall be kept free from
weed growth by the use of special weed killers, or other approved methods. The street
improvements which will require weed removal are as follows: portions of the sidewalk,
and the street pavement on both streets.
8. The existing catch basins on site and the curb inlet at the corner of Plaza Boulevard and
"L" Avenue shall have "No Dumping" tiles installed in accordance with the NPDES
program.
9. Any unused driveway shall be removed and replaced with full height curb and sidewalk.
All driveways (proposed and existing) shall be shown on the plans. There shall be no
conflict between the proposed driveway and the bus stop on Pla72 Boulevard.
10. The proposed alley type driveways on "L" Avenue and Plaza Boulevard shall be
constructed with pedestrian ramps on both sides.
11. A permit shall be obtained from the Engineering Department for all improvement work
within the public right-of-way, and any grading construction on private property.
12. The site plan shall be revised to show the following: on -site private catch basins, sewer
and storm drain facilities, the pedestrian ramp and curb inlet structure at the corner of
Playa and "L", the traffic signals and lighting at the intersection, the street light and bus
zone on Plaza Boulevard, and other miscellaneous items in the public right-of-way such
as power poles, fire hydrant, no parking signs, and street striping.
13. A drainage plan shall be submitted, which will show all of the proposed and existing on -
site and off -site improvements. The plan shall be prepared by a Registered Civil
Engineer, and shall be in accordance with the City requirements. The plan shall show the
following: Finish floor elevations of the new buildings, finish surface elevations
throughout the parking lot, the direction of drainage conveyance from the site, and top of
curb elevations. No surface runoff towards the driveways, and onto the public sidewalk
will be permitted. The drainage plan shall include measures for prevention of
construction site erosion and sediment runoff into the public storm drain system. After
the completion of the construction, a contaminant -absorbing device, such as a Fossil
Filter, shall be installed in each catch basin.
CONTINUED ON PAGE 4
Resolution No. 9 8 - 20
Page 4 of 8
14. The irrigation run off from the new landscaping strips and areas shall be directed towards
the parking lot. No irrigation sprinkler spray shall extend into the public right-of-way.
15. A Best Management Practice plan for the maintenance of the parking lot, including
sampling, monitoring, and cleaning of the catch basins in accordance with the NPDES
regulations, shall be provided and included with the plans.
16. A plan check/inspection deposit, and a performance bond will be required, prior to the
approval of any Engineering Department permits.
17. The applicant is alerted to the fact that the existing storm drain system located along the
westerly property line is below capacity for a 100-year storm frequency, and design
considerations should be given for the layout of the parking lot, as well as the location of
the new structures, to protect against potential flooding.
18. Street pavement repairs shall be performed on "L" Avenue. The asphalt concrete
pavement and the base course at the areas of work, which are marked at the site, shall be
removed and replaced with a minimum of 4 inches of A.C. on 10 inches of compacted
base material (A.B. or C.M.B.). At other areas where cracks exist, the applicant shall
perform crack sealing, per the requirements of the City. The total approximate quantity
of pavement work is 1560 square feet. After the completion of crack sealing and all the
repairs, an asphalt concrete overlay is required over the entire half of the street along the
property frontage to provide a uniform and smooth pavement surface, which will be level
with the lip of the gutter along the curb line.
19. New wheel stops shall be provided for all of the parking stalls to prevent vehicles from
encroaching (overhanging) into the public sidewalk on both frontage streets, or by other
method, as determined by the City Engineer.
20. The existing sewer manhole, and utility valve covers on "L" Avenue shall be adjusted and
set to finish grade, after the street repairs and resurfacing is completed.
21. The top of the existing curb along "L" Avenue at two (2) locations is chipped off, and is
to be repaired (patched up) as marked.
22. To meet Fire Department standards, service driveway must be a minimum of twenty (20)
feet wide with a vertical clearance of thirteen (13) feet six (6) inches. An automatic fire
sprinkler system will be required.
23. To meet Building Department standards, plans must comply with the 1994 Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1993 National
Electrical Code, and the State Title 24 for handicapped and energy regulations.
CONTINUED ON PAGE 5
Resolution No. 98 — 20
Page 5 of 8
24. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages, except for the two liquor signs shown on Exhibit A, dated 11/26/97. Interior
displays of alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
25. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by
single containers, but must be sold in manufacturers pre -packaged multi -unit quantities.
26. The sales of beer or malt beverages in quantities of quarts, 22 oz, 32 oz, 40 oz, or similar
size containers is prohibited. No beer or malt beverages shall be sold in less than
manufacturer's pre -packaged multi -unit quantities.
27. Wine shall not be sold in bottles or containers smaller than 750 nil.; wine coolers and
beer coolers must be sold in manufacturer pre -packaged multi -unit quantities.
28. No wine shall be sold with an alcoholic content of greater that 15% by volume except for
"Dinner Wines" which have been aged two years or more and maintained in corked
bottles.
29. All Alcohol Beverage Control (ABC) approvals shall be received prior to the conditional
use permit approval becoming effective.
30. Sales of all types of alcoholic beverages shall be permitted only between the hours of
Monday through Saturday 8:00 a.m. to 10:00 p.m., on Sunday 8:00 am. to 9:00 p.m.
31. Under no circumstance shall sales or delivery of alcoholic beverages be permitted
through the proposed prescription only drive -up window.
32. No alcoholic beverages shall be consumed and possession of alcoholic beverage open
containers is prohibited on the applicant premises and on any property adjacent to the
applicant premises under the same ownership.
33. There shall be no cups, glasses, or similar receptacles commonly used for the drinking of
beverages sold, furnished, or given away at the applicant premises in quantities of less
than their original multi -container packages.
34. All ice shall be sold at or about the prevailing prices in the area and in quantities of not
less than five pounds per sale and shall not be given away free.
CONTINUED ON PAGE 6
Resolution No. 9 8- 2 0
Page 6 of 8
35. The applicant shall keep the premises and the property under its control clear of
newspaper racks; benches; pay telephones, except for two pay phones inside the store
with only outgoing calls permitted; bicycles racks or any other object that may encourage
persons to loiter.
36. There shall be no amusement devices, coin or token operated games, or video machines
maintained upon the premises at any time.
37. The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or
about the parking lot. Additionally, the position of the lighting shall not disturb the
normal privacy and use of any neighboring residences.
38. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
39. A trash enclosure in accordance with City standards shall be provided. It shall have a
stucco exterior to match the building.
40. Exterior walls of buildings, freestanding signs, and the trash enclosure to a height of not less
than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings,
Inc. A similar product may be used, subject to approval from the Building and Safety
Director. Graffiti shall be removed within 24 hours of its observance.
41. A detailed landscape and underground irrigation plan, including plant types, methods of
planting, etc. shall be submitted for review and approval by the Planning Director. The
landscape plan shall reflect the use of drought tolerant planting and water conserving
irrigation devices. Changes in plant specifications may be required to ensure compatibility
with landscaping of nearby development.
42. Except as required by conditions of approval, development plans shall be submitted for
review and approval by the Planning Director in conformance with Exhibit A -Revised, case
file no. CUP-1997-6, dated 11/26/97, and pursuant to improvement in design to avoid long,
blank, walls facing P1a7a Boulevard and to increase variation in roofline as well as more
complete roofing on the south elevation, similar to that proposed for the west elevation.
The Planning Commission shall review revised plans prior to approval of the building
plans.
CONTINUED ON PAGE 7
Resolution No. 9 8-20
Page 7 of 8
43. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
44. Use of the property as authorized by this Conditional Use Permit shall be limited to the sale
of beer, wine, and distilled spirits within a drug store to be constructed in conformance with
plans labeled as Exhibit A -Revised, case file no. CUP-1997-6, dated 11/26/97, except as
modified per condition No. 42. Alcohol display area shall be limited to approximately
1,000 ft., within a contiguous area. However, changes in location may be approved by the
Director of Planning in conformance with the restriction on maximum display area.
Additional development on the property may be approved in conformance with the National
City Land Use Code. However, no additional sale of alcoholic beverages for either on or
off -site consumption, shall be authorized without approval of a conditional use permit.
45. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
46. Applicant agrees to retain a copy of this Conditional use Permit including any imposed
conditions on the premises at all times and will be prepared to produce it immediately
upon the request of any peace officer.
47. The applicant understands that any violation of the foregoing conditions shall be grounds
for the suspension or revocation of the Conditional Use Permit.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to
the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day
following the City Council meeting where the resolution is adopted. The time within which judicial
review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section
1094.6.
CONTINUED ON PAGE 8
Resolution No. 9 8— 2 0
Page 8 of 8
PASSED and ADOPTED this 17th day of February 1998.
GEORGE H. WATERS, MAYOR
Al 1 EST:
MICHAEL R. DALLA, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER
, III -CITY ATTORNEY
2
MEETING DATE AGENDA ITEM NO
r ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST
PREPARED BY
EXPLANATION
City of National City, California
COUNCIL AGENDA STATEMENT
February 17, 1998
AMENDMENT TO THE SAN DIEGO PORT DISTRICT POLICE AND FIRE
SERVICES AGREEMENT.
Randy Kimble, Fire Chief
DEPARTMENT
Fire
The City has provided police and fire services to the San Diego Port District for many
years. Beginning in Fiscal Year 1991/92, an agreement was reached expanding the amount
of reimbursement paid to the City by the Port District for these services. The current
Reimbursement Agreement was for a period of three years and has now expired. The
Agreement must now be amended if reimbursements are to continue.
Current Fiscal Year reimbursement for these services will be $387,087. The Amendment
covers a term of three (3) years, from July 1, 1997 to, and including, June 30. 2000. Either
party may cancel the agreement by providing a six (6) month notice. The Agreement has
a provision for adjustments to the reimbursement fee based on changes the City may
experience during the term of this agreement.
Environmental Review X N/A
Financial Statement
N/A
Account No
STAFF RECOMMENDATION
Approve this Resolution authorizing the Mayor to execute this Agreement Amendment
to provide reimbursement for police and fire - - rvices del'vered to the San Diego Port
District.
BOARD/COMMISSION RECOMMENDATION % �, ' - .
Randy .le, Fire Chief
N/A
ATTACHMENTS (Listed Below)
Resolution No 98-21
1. April 1994 Reimbursement Agreement.
2. February 1998 Amendment to 1997 Reimbursement Agreement.
A -too (Re', o/80)
RESOLUTION NO. 98 - 21
RESOLUTION OF THE CITY COUNCIL
OF 1'HE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT
TO THE SAN DIEGO PORT DISTRICT
POLICE AND FIRE SERVICES AGREEMENT
WHEREAS, the City has provided police and fire services to the San Diego Port
District for many years; and
WHEREAS, beginning in Fiscal Year 1991/92, an agreement was reached expanding
the amount of reimbursement paid to the City by the Port District for these services; and
WHEREAS, the current Reimbursement Agreement was for a period of three (3) years,
and has now expired; and
WHEREAS, the agreement must now be amended if reimbursements are to continue.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of National City
hereby authorizes the Mayor to execute the first amendment to the San Diego Port District
Police and Fire Services Agreement. Said agreement is on file in the office of the City Clerk.
PASSED and ADOP ED this 17th day of February, 1998.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
City Attorney
George H. Waters, Mayor
RESOLUTION NO. 94-37
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR
AGREEMENT FOR POLICE AND FIRE SERVICES
WITH THE SAN DIEGO UNIFIED PORT DISTRICT
WHEREAS, the San Diego Unified Port District ("the District") desires to
contract for the provision of police and fire services to the non -ad valorem taxpaying
properties located on the City's tidelands; and
WHEREAS, the City has the capacity to provide police and fire services to
said District properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute a Three -Year Agreement
for Police and Fire Services with the San Diego Unified Port District. Said Agreement
is on file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of April, 1994.
eorge H. Waters, Mayor
ATTEST:
1LoH Anne Peoples, City 'Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California,
on April 5. 1994 by the following vote, to -wit:
Ayes: Councilmen Dal la. Inzunza. Morrison. Zarate. Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen No n e
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
LORI ANNE PEOPLES
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. ...9.4-.3.7...... of the City of National City,
Calif., passed and adopted by the Council of said City on AD r..i.J....5.....J 9.9 4
cCL) P City lerk of the City of National ity, California
By:
Deputy
OpalmeatLied
v v v v'-.
APR 08 1994
SD DIIFIw Pa7f DIMIICS Clerk ig Office
THREE-YEAR AGREEMENT FOR POLICE AND FIRE SERVICES
The parties to this agreement are the CITY OF NATIONAL CITY, a
municipal corporation, hereinafter called "CITY," and the SAN DIEGO
UNIFIED PORT DISTRICT, a public corporation, hereinafter called
"DISTRICT."
RECITALS
WHEREAS, the DISTRICT desires to contract for the provision of
police and fire services to the non -ad valorem taxpaying properties
located on the CITY's tidelands, and;
WHEREAS, the CITY has the capacity to provide police and fire
services to said DISTRICT properties, and;
WHEREAS, the DISTRICT has an obligation to adhere to a principle
of reimbursement for services provided to non ad valorem tidelands
wherein the cost bears a direct relationship to the services provided,
the reimbursement is substantiated by an auditable record, and for
which the reimbursement is reasonable and falls with the trust purposes
of the DISTRICT, and;
WHEREAS, the DISTRICT may authorize the disbursement of money for
specified and approved categories of reimbursement to the CITY
providing such services are based upon records kept in the normal
course of CITY business;
NOW, THEREFORE, the parties agree:
1. SERVICES TO BE PROVIDED
A. This agreement covers reimbursement of the cost of police and
fire protection services to be provided by the CITY upon the DISTRICT's
1
filled tidelands and property within CITY's limits which do not
generate ad valorem tax revenues. Those properties include but are not
limited to non -dedicated streets, parks and other open space, unleased
developed properties, and unleased vacant land. Nothing herein
contained shall give CITY the right to use or occupy any DISTRICT real
or personal property, or to otherwise use the services of the DISTRICT
or its employees.
B. CITY shall provide police, fire and emergency medical
services as contained in the Statement of Reimbursable Expenses of this
agreement, attached hereto as Attachment A and incorporated by
reference as though fully set forth herein. Only expenditures
authorized herein shall be eligible for reimbursement, unless approved
in writing by the DISTRICT.
C. For Police Services, the CITY shall provide services to the
same extent and in the same manner as such member city actually
provides or may be required by law to provide to an ad valorem tax -
generating property. DISTRICT and CITY shall, to the extent
practicable, meet and confer as needed to discuss deployment of
resources cooperatively in an effort to avoid duplication of services.
D. For Fire and Emergency Medical Services, the CITY shall
provide, to the same extent and in the same manner as such member city
actually provides or may be required by law to provide to an ad valorem
tax -generating property, responses to all calls for fire suppression
services by the fire department; and responses to all calls for
emergency medical services, to such extent as the county, state or
federal government requires the CITY to provide. The parties agree
2
that emergency medical services shall be limited to first responder
services.
E. The activities and services authorized for reimbursement
shall only be those which have occurred and been rendered on or after
July 1, 1994, and which are in furtherance of the San Diego Bay
tideland trust for the accommodation of commerce, navigation,
fisheries, and recreation on said trust tidelands for the benefit of
all of the people of the State of California.
2. PERIOD
This agreement shall cover services rendered for the three-year
period from July 1, 1994 to June 30, 1997; provided, however, either
party may terminate this agreement at the end of a fiscal year by
giving the other party notice in writing six (6) months prior to the
end of the fiscal year.
3. CONSIDERATION
A. In consideration of the foregoing performance of services by
the CITY, the DISTRICT shall pay to the CITY a sum not to exceed Three
Hundred Forty -Nine Thousand, Seven Hundred Sixty Eight Dollars and no
Cents ($349,768.00) per fiscal year. If during the contract period the
CITY's negotiated staffing level and/or negotiated costs for police and
fire department salaries and benefits change, CITY shall give the
DISTRICT written notice and furnish documentation satisfactory to
DISTRICT to substantiate the changes. The resulting increase or
decrease in cost will be taken into consideration when arriving at the
annual consideration to be paid commencing with the next fiscal year
covered by this agreement.
3
B. Payments shall be made upon written request to the DISTRICT
and may be submitted on a quarterly basis. DISTRICT agrees to reimburse
the CITY within thirty days of receipt of a properly prepared request
for reimbursement. DISTRICT agrees to reimburse the CITY before the
last day of the fiscal year for the fourth quarterly payment provided
the DISTRICT receives a properly prepared request for reimbursement at
least thirty days before the end of the fourth quarter.
4. TYPES OF REIMBURSABLE EXPENSES
A. For Police Services, reimbursement shall be based on services
provided, such as responses to calls for service from persons other
than CITY's sworn officers; calls for backup service; preventive
patrol, which may include taking appropriate action on routine
incidents encountered where no arrest occurred and/or no report was
made (for example, routine vehicle impounds and traffic stops); opening
and closure of parks and security patrol as requested in writing by the
DISTRICT; calls by Harbor Police for CITY police assistance; activities
of support staff such as investigating, supervising and dispatching;
consumption of supplies; storing evidence; expenditures in terms of
time, material and overhead in the case of calamities; a reasonable
allocation of overhead; and other activities or events which call for
the deployment of public safety officers.
B. For Fire and Emergency Medical Services, reimbursement shall
be based on a reasonable pro rata portion of the direct and overhead
costs to operate the fire company which is the primary responder to
tideland emergencies.
4
5. STATEMENTS OF ACTUAL EXPENSES
Beginning with March, 1997 and every third year thereafter, CITY
shall provide DISTRICT with a statement estimating DISTRICT
reimbursements due for services to be provided to the DISTRICT during
the next three fiscal years for purposes of reaching mutual agreement
on a contract if applicable. Said statement shall be based on actual
costs incurred in providing police, fire and emergency medical services
during the previous fiscal year. The estimate for police services
shall include but not be limited to the number of calls for service,
investigations, reports, arrests, or other particulars on police
actions actually performed. The estimates for police, fire and
emergency medical services shall include, but not be limited to, direct
labor and other operating costs, details of allocations of actual
support staff costs or departmental overhead and general CITY overhead
costs based upon reasonable and generally accepted accounting
principles. The CITY shall ensure that all data used in said estimates
is supported by an audit trail that readily traces to underlying
authoritative source documents.
6. DISTRICT FIRE AND POLICE SERVICES
The DISTRICT shall maintain its current level of police and fire
services within the CITY tideland area, and reserves the right to
augment those services in the following fiscal year provided written
notice is given at least six months prior to the end of the fiscal
year. Such augmentation may result in a reduction in the future CITY
services that otherwise might have been reimbursable under this
agreement.
5
7. RECORDS
A. At the request of the DISTRICT, and upon reasonable notice,
the CITY shall make available documentation supporting the request for
reimbursement. Such documentation shall include but not be limited to
time cards, contracts, receipts, original invoices, canceled checks,
payroll documentation, calls for service, dispatch records, and other
periodic logs maintained by police and fire staff. The DISTRICT shall
have the right to make copies or excerpts of pertinent documents. Proof
of both incurrence and payment shall be kept on file by the CITY for
review by the DISTRICT for a period of two years after the last day of
the fiscal year.
B. No less often than quarterly, CITY agrees to forward to the
DISTRICT copies of any periodic logs, calls for police service, or
other reports describing incidents occurring on non -ad valorem tideland
properties covered by this agreement. Where available, exact street
addresses should be listed in the logs and calls for service to assure
that only actions on non -ad valorem properties are included. Monthly
or quarterly statistical reports detailing the number and types of
incidents on non -ad valorem tideland properties may be substituted.
8. ASSIGNMENT
CITY shall not assign this agreement or any right or interest
hereunder without express prior written consent of DISTRICT, nor shall
DISTRICT assign this agreement or any right or interest hereunder
without express prior written consent of CITY.
9. MISUSE OF DISTRICT REIMBURSEMENTS
A. DISTRICT may withhold funds from CITY and terminate its
6
entire obligation upon notice to CITY if the CITY violates any of the
terms of the agreement. CITY may terminate its entire obligation upon
notice to the DISTRICT if the DISTRICT violates any of the terms of the
agreement.
B. Should the DISTRICT and the CITY concur that any
reimbursement by the DISTRICT to the CITY was overpaid contrary to the
terms of this agreement, CITY agrees to refund the overpayment to the
DISTRICT within ninety (90) calendar days.
10. ENTIRE AGREEMENT
It is expressly understood and agreed that this agreement
constitutes the entire agreement between the CITY and the DISTRICT for
police and fire services and in no event shall the CITY be entitled to
any compensation, benefits, reimbursement or ancillary services other
than as expressly provided in this agreement. There are no other
written or oral understandings between the parties. No modification or
amendment to this agreement shall be valid unless in writing and signed
by the parties hereto.
11. HOLD HARMLESS
A. CITY agrees to indemnify and hold the DISTRICT harmless
against and from any and all damages to property or injuries to or
death of any person or persons, including employees of the DISTRICT,
and shall defend, indemnify and hold harmless the DISTRICT, its
officers and employees, from any and all claims, demands, suits,
actions or proceedings of any kind or nature, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent
or intentional acts, errors or omissions of the CITY or any of its
7
officers or employees.
B. DISTRICT agrees to indemnify and hold the CITY harmless
against and from any and all damages to property or injuries to or
death of any person or persons, including employees of the CITY, and
shall defend, indemnify and hold harmless the CITY, its officers and
employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, of or by anyone whomsoever, in any
way resulting from or arising out of the negligent or intentional acts,
errors or omissions of the DISTRICT or any of its officers or
employees.
12. INSURANCE
A. Throughout the duration of this agreement, the CITY shall
maintain self-insurance or comprehensive general liability insurance
covering bodily injury, personal injury and property damage arising out
of the CITY's operations provided for by this agreement. The CITY shall
also maintain self-insurance or auto liability insurance covering
bodily injury and property damage arising out of the CITY's operations
provided for in this agreement. At all such times as the CITY has in
effect comprehensive general and auto liability insurance, the CITY's
policies shall be endorsed to add the DISTRICT, its officers, officials
and employees as additional insureds up to the full limits of coverage
provided by all primary and excess liability policies. Additionally,
the CITY's comprehensive general and auto liability insurance shall be
primary for all purposes.
B.
Prior to commencement of this agreement, the CITY shall
furnish to the DISTRICT a letter of self-insurance, or, certificates of
8
insurance evidencing that all required policies are in full force and
effect and providing at least thirty days' written notice be given to
the DISTRICT prior to cancellation or reduction of any coverage.
13. ATTORNEY'S FEES
In the event any suit is commenced to enforce, protect or
establish any right or remedy of any of the terms and conditions
hereof, the prevailing party shall be entitled to have and recover from
the losing party reasonable attorney's fees and costs of suit.
14. NO THIRD PARTY BENEFICIARIES
This agreement is made and entered into for the benefit of
DISTRICT and CITY only, and it is not intended for the benefit of any
third party or any other person, and no such third party or any other
person shall be a third party beneficiary to this agreement or
otherwise have the right to enforce any provisions of this agreement.
15. CONTRACT ADMINISTRATOR
The Administrative Services Division of the District is designated
as the DISTRICT's Contract Administrator of this agreement and shall
receive and process all reports and requests for payment. All
correspondence shall be sent to the following address:
San Diego Unified Port District
Bruce B. Hollingsworth, Treasurer
Post Office Box 488
San Diego, California 92112
9
16. NOTICE TO THE CITY
Notice to the CITY shall be in writing and sent to the City Clerk
at the following address:
City of National City
City Clerk
1243 National City Boulevard
National City, California 91950
DATED: API2-i L $ , 1994.
JOSEPH D. PATELLO
Port Attorney
ANN-
APOVED AS TOIORM
George H. Eisei, III
City Attorney
10
SAN DIEGO_UNIFIED PORT DISTRICT
By
ASSISTANT Port Director
CITY OF NATIONAL CITY
ATTACHMENT A
STATEMENT OF REIMBURSABLE EXPENSES
NATIONAL CITY POLICE AND FIRE SERVICES
FISCAL YEARS 1994-95, 1995-96, 1996-97
TABLE OF CONTENTS
SUMMARY 1
EXHIBIT F 2
EXHIBIT F-2 93 (REVISED) 3
EXHIBIT F-4 4
EXHIBIT P-1 (REVISED) 5
EXHIBIT P-2 93 (REVISED) 6
EXHIBIT P-3 7
EXHIBIT P-4 8
EXHIBIT P-5 93 9
EXHIBIT B 10
SUMMARY
REIMBURSABLE POLICE AND FIRE SERVICES
CITY OF NATIONAL CITY
FISCAL YEARS 1994-95, 1995-96, 1996-97
Value of Fire/Medical Services (see Exhibit F) $101,714
Value of Police Services (see Exhibit P-1 Revised) 248,054
Grand Total $349,768
PAGE 1
VALUE OF FIRE/MEDICAL SERVICES
1. Annual operating costs for one (1) fire company
(see Exhibit F-2 93 [Revised]).
Exhibit F
$1,017,143
2. Portion allocated to the non -tax paying properties 10%
on Tidelands (negotiated agreement).
$101,714
$101,714
3. Annual value of fire/medical services extended to
the Tidelands (10% x $1,116,253).
VALUE OF FIRE/MEDICAL SERVICES
Cost calculations for the fire company are based on the City's Fire Station
Number 10, which provides coverage to the Tidelands area. Calculations are
shown in Exhibit F-2 93 (Revised).
PAGE 2
Description
Exhibit F-2 93 (Revised)
CITY OF NATIONAL CITY
ESTIMATED FIRE SERVICES COSTS
TIDELANDS AREA -NON TAX PROPERTIES
FOR THE YEAR ENDING JUNE 30, 1993
Reference/Formula Amount
Estimated costs - Fire Operations
and Fire Administration Exhibit F-4
Number of Fire Companies
Total Individual Fire Company Cost ($3,051,429/3)
PAGE 3
$3,051,429
3
1,017,143
EXHIBIT F-4
101 SALARIES 1,642,654.95
102 OVERTIME 85,644.96
105 LONGEVITY 3,175.64
110 UNIFORM ALLOWANCE 6,800.00
120 DIFFERENTIAL PAY 3,954.74
140 WORKERS' COMPENSATION 188,351.07
150 HEALTH INSURANCE 140,741.82
151 LTD INSURANCE 6,013.20
160 RETIREMENT PLAN CHARGES 453,649.66
161 MEDICARE 0.00
199 PERSONNEL COMPENSATION 18,294.85
205 MEDICAL SERVICES 468.00
211 LAUNDRY & CLEANING SERVICES 376.29
217 INVESTIGATIVE SERVICES 0.00
222 MEMBERSHIPS & SUBSCRIPTIONS 1,646.70
226 TRAINING 255.00
230 PRINTING & BINDING 880.48
254 AUTOMOBILE ALLOWANCES 13.74
258 TRAVEL & SUBSISTENCE 144.28
276 TRASH COLLECTION & DISPOSAL 14,723.45
281 R & M - OFFICE EQUIPMENT 930.04
283 R & M - FIRE EQUIPMENT - 161.96
287 R & M - COMMUNICATIONS EQUIPT. 2,744.42
289 R&M NONSTRUCTURAL ITEMS 108.83
291 R & M - AUDIO VISUAL EQUIPT. 0.00
299 CONTRACT SERVICES 78,086.08
301 OFFICE SUPPLIES 1,651.62
303 JANITORIAL SUPPLIES 1,838.75
304 BOOKS 568.31
305 MEDICAL SUPPLIES 1,336.01
307 DUPLICATING SUPPLIES 247.45
309 PHOTOGRAPHIC SUPPLIES 458.11
316 AMMUNITION 0.00
318 WEARING APPAREL 683.32
325 ELECTRICAL MATERIALS 123.71
327 BUILDING MATERIALS 0.00
329 PAINTING SUPPLIES 4.16
337 SMALL TOOLS 0.00
340 SHOP SUPPLIES 32.33
342 COMMUNICATION MATERIALS 505.92
399 MATERIALS & SUPPLIES 409.40
730 GENERAL SERVICES CHARGES 10,910.00
740 BUILDING SERVICES CHARGES 75,510.00
750 VEHICLE SERVICES CHARGES 180,670.00
780 INFORMATION SERVICES CHARGES 44,450.00
790 INSURANCE CHARGES 82,210.00
records listed.
PAGE 4
3,051,429.25
Exhibit P-1 (Revised)
CITY OF RATIONAL CITY
POLICE COST
TIDELARDS AREA - EOM TAX PROPERTIES
ESTIMATED COST FOR THE YEAR ERDIHG Ju z 30, 1994
Description
Number of officers required(FTE)
Actual Police Department cost,
1992-93 .
Number of patrol officers (FTE)
Annual overhead cost per officer
(including staff and overhead cost)
Sub -Total Police Cost
Add Estimated Bookings:
18 Arrests @ $156/Arrest
Reference/Formula
Exhibit P-2 93(revised)
Exhibit P-5 93
Actual 93-94
$8,858,786/44.43
$199,387X1.23
Amount
1.23
$8,858,786
44.43
$199,387
$245,246
Exhibit P-6 $2,808
Value of Police Services $248,054
PAGE 5
_XHIBIT P-2 93 (REVISED)
CITY OF NATIONAL CITY
NUMBER OF BEAT OFFICERS REQUIRED
TO STAFF SERVICE DEMAND FOR TIDELANDS AREA
NON —TAX PROPERTIES
Description
91-92 Calls for service (CFS), as audited,
in minutes
CFS converted to hours
91-92 Preventive Patrol (PP),
1.5 hours/patrol X 3 patrols/day
(negotiated formula)
Total beat officer hours, PP + CFS
Available beat officer hours per year,
per officer
Number of officers required (FTE)
for PP + CFS
Reference/Formula Amount
Exhibit P-3 9745.4
9745.4/60 minutes per hour 162.42
1.5X3X365days
162.42+ 1643
Exhibit P-4
1805.42 / 1470.5
PAGE 6
1643
1805.42
1470.5
1.23
NATIONAL CITY POUCE DEPART. if
Exhibit P-3
Summary of Calls for Service and Total Officer Time
Tidelands Area
One -Year Period: July 1991 - June 1992
91/92
TOTAL #
TOTAL OFFICER
YEAR
CALLS
TIME (Minutes)
JUL
19
1215.4
AUG
6
247.4
SEP
7
479
OCT
18
961
NOV
12
835.2
DEC
10
468
JAN
11
1233.2
FEB
12
747.2
MAR
16
2317
APR
18
751.8
MAY
13
1740.4
JUN
24
856.8
Total
166
11852.4:
Less Audit Adjustment -2,107.0
9,745.4
Crime Analysis Unit, 10/15/92
PAGE 7
Exhibit P-4
CITY OF NATIONAL CITY
BEAT OFFICER
AVAILABLE FIELD TIME PER YEAR
Gross workdays per year:
Number of workweeks per year 52
Number of workdays per workweek 4
Gross workdays per year (52 x 4) 208
Leave days per year:
Sick leave 12
Vacation 23
Total leave days per year (12 + 23) 35
Available field days per year (208 - 35) 173
Number of field hours per day:
Gross workhours 10.00
Rest period 1.00
Briefing 0:50
Net field hours per day (10.00 - 1.00 - .50) 8.50
Net available field hours per year
(173 x 8.50) 1,470.50
PAGE 8
EXHIBIT P-5 93
OBJ#
US, il
OBJECT TITLE
AMOUNT
101
SALARIES
4,039,664.89
102
OVERTIME
251,331.03
105
LONGEVITY
8,429.67
107
EDUCATIONAL INCENTIVE PAY
27,671.54
110
UNIFORM ALLOWANCE
68,316.00
120
DIFFERENTIAL PAY
41,424.30
140
WORKERS' COMPENSATION
524,882.93
150
HEALTH INSURANCE
368,314.98
151
LTD INSURANCE
1,467.05
160
RETIREMENT PLAN CHARGES
1,048,160.31
199
PERSONNEL COMPENSATION
153,890.59
201
AUDITING SERVICES
285.19
205
MEDICAL SERVICES
41,074.50
209
LEGAL SERVICES
1,895.45
217
INVESTIGATIVE SERVICES
6,806-.47
222
MEMBERSHIPS & SUBSCRIPTIONS
2,662.55
230
PRINTING & BINDING
8,793.86 I
250
POSTAGE
321.59
258
TRAVEL & SUBSISTENCE
13,736.00
268
RENTALS &LEASES
98,878.92
281
R & M - OFFICE EQUIPMENT
646.47
287
R & M - COMMUNICATIONS EQUIPT.
18,757.47
291
R & M - AUDIO VISUAL EQUIPT.
473.20
268
LEASE PAYMENTS
575,000.00
299
CONTRACT SERVICES
86,914.74
301
OFFICE SUPPLIES
11,059.64
304
BOOKS
2,277.68
307
DUPLICATING SUPPLIES
-0.27
309
PHOTOGRAPHIC SUPPUES
17,268.41
316
'AMMUNITION
13,128.95
318
'WEARING APPAREL
17,411.17
399
MATERIALS & SUPPLIES
19,911.95
599
FIXED ASSETS
5,763.06
730
'GENERAL SERVICES CHARGES
24,420.00
740
BUILDING SERVICES CHARGES
507,886.00
750 ;VEHICLE SERVICES CHARGES
309,240.00
780 INFORMATION SERVICES CHARGES
110,240.00
790 ;INSURANCE CHARGES
452,843.18
993 CITY FUNDED EXPENDITURES
-22,460.37
TOTAL
8,858,786.70
PAGE 9
EXHIBIT B
NATIONAL CITY POLICE SERVICES
STATISTICS ON ACTUAL 1991-92 ARRESTS
MADE ON NON —TAX PAYING TIDELANDS
1991
Month
Total
Arrests
July 2
August 0
September 0
October 0
November 2
December 0
1992
Month
January 1
February 1
March 6
April 1
May 5
June 0
Total Arrests
Booking fee per arrest $156
18
X $156
Total Booking Fees $2,808
Information on arrests by month was taken from Calls for Service
statistics prepared by NCPD Crime Analysis Unit and forwarded to
the District January 28, 1993.
Page 10
FIRST AMENDMENT TO AGREEMENT
FOR
CITY OF NATIONAL CITY
POLICE AND FIRE SERVICES
ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTY
The parties to this First Amendment to Agreement are the SAN DIEGO UNIFIED PORT
DISTRICT, a public corporation, herein called "District" and the CITY OF NATIONAL CITY,
a municipal corporation, herein called "City."
RECITALS:
WHEREAS, District and City are parties to an agreement for the reimbursement by the
District to the City of certain expenses for providing police and fire services on District
property in the City, said agreement on file in the Office of the District Clerk as Document
No. 30962; and
WHEREAS, the parties desire to amend the agreement to extend the services for another
three-year period at the current estimated cost to the City for providing the services;
NOW, THEREFORE, said agreement is hereby amended by adding Paragraphs 17, 18, 19
and 20 as follows:
17. PERIOD
The term of the Agreement is hereby extended for three (3) years, from July 1,
1997 to and including June 30, 2000; provided, however, either party may terminate this
agreement at the end of a fiscal year by giving the other party notice in writing six (6)
months prior to the end of the fiscal year.
18. CONSIDERATION
A. For performance of services rendered pursuant to this First Amendment to
Agreement, the District shall pay to the City a sum not -to -exceed Three Hundred Eighty-
seven Thousand, Eighty Seven Dollars and no Cents ($387,087.00) per fiscal year. If
during the contract period the City's negotiated staffing level and/or negotiated costs for
police and fire department salaries and benefits change, City shall give the District written
notice and furnish documentation satisfactory to District to substantiate the changes. The
resulting increase or decrease in cost will be taken into consideration when arriving at the
annual consideration to be paid commencing with the next fiscal year covered by this
agreement.
1
B. Payments shall be made upon written request to the District and may be
submitted on a quarterly basis. District agrees to reimburse the City within thirty days of
receipt of a properly prepared request for reimbursement. District agrees to reimburse the
City before the last day of the fiscal year for the fourth quarterly payment provided the
District receives a properly prepared request for reimbursement at least thirty days before
the end of the fourth quarter.
19. SUMMARY
The methodology for determining the value of services rendered pursuant to this
First Amendment to Agreement shall be as shown in the SUMMARY, attached hereto as
Attachment B and incorporated by reference as though fully set forth herein.
20. SURVIVAL
All other terms, covenants and conditions contained in the original agreement shall
remain in full force and effect and shall be applicable to this amendment.
DATED: , 1998.
CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT
Executive Director
Approved as to Form: Approved as to Form:
City Attorney
Port Attorney
2
ATTACHMENT B
SUMMARY
CITY OF NATIONAL CITY
ESTIMATED VALUE OF POLICE AND FIREIMEDICAL SERVICES
FOR NON -TAX PAYING PROPERTIES ON TIDELANDS
FOR THE YEAR ENDING JUNE 30, 1998
Description Reference Amount
Value of fire/medical services provided Exhibit F $101,197
Value of police services provided Exhibit P 285.890
Grand Total $387,087
3
Exhibit F
CITY OF NATIONAL CITY
ESTIMATED VALUE OF POLICE AND FIRE/MEDICAL SERVICES
FOR NON -TAX PAYING PROPERTIES ON TIDELANDS
FOR THE YEAR ENDING JUNE 30, 1998
Description Reference Amount
Annual operating costs for one fire company Exhibit F-1 $1,011,966
Portion allocated to non -tax paying properties
on Tidelands (negotiated agreement) 10%
Annual value of fire/medical services
Extended to the Tidelands $ 101,197
4
Exhibit F-1
CITY OF NATIONAL CITY
ESTIMATED TOTAL FIRE DEPARTMENT COSTS
PER FIRE COMPANY.
FOR THE YEAR ENDING JUNE 30, 1998
Description
Estimated costs - Fire operations and
fire administration
Reference Amount
Exhibit F-4 $3,035,897
Divided by Number of Fire Companies 3
Total Individual Fire Company Costs $1,011,966
5
Exhibit F-4
CITY OF NATIONAL CITY
ACTUAL TOTAL FIRE DEPARTMENT COSTS
FOR THE YEAR ENDING JUNE 30, 1997
100 SALARIES - PART-TIME 70,657
101 SALARIES - FULL-TIME 1,594,683
102 OVERTIME 292,429
105 LONGEVITY 2,331
110 UNIFORM ALLOWANCE 7,200
120 DIFFERENTIAL PAY 11,835
140 WORKERS' COMPENSATION 162,482
150 HEALTH INSURANCE 125,470
151 LTD INSURANCE 14,043
160 RETIREMENT PLAN CHARGES 310,403
161 MEDICARE 10,371
199 PERSONNEL COMPENSATION 23,564
205 MEDICAL SERVICES 118
211 LAUNDRY & CLEANING SERVICES 557
MEMBERSHIPS & SUBSCRIPTIONS 1,984
226 TRAINING 867
230 PRINTING & BINDING 1,218
254 AUTOMOBILE ALLOWANCES 9
258 TRAVEL & SUBSISTENCE 975
281 R & M - OFFICE EQUIPMENT 564
283 R & M - FIRE EQUIPMENT 138
287 R & M - COMMUNICATIONS EQUIPT. 2,579
289 R&M NONSTRUCTURAL ITEMS 105
299 CONTRACT SERVICES 74,979
301 OFFICE SUPPLIES 2,413
303 JANITORIAL SUPPLIES 2,462
304 BOOKS 549
305 MEDICAL SUPPLIES 55
309 PHOTOGRAPHIC SUPPLIES 457
318 WEARING APPAREL 4,987
327 BUILDING MATERIALS 80
329 PAINTING MATERIALS 17
337 SMALL TOOLS 87
342 COMMUNICATION MATERIALS 1,119
399 MATERIALS & SUPPLIES 485
502 COMPUTER EQUIPMENT 3,599
503 FURNITURE AND FURNISHINGS 355
515 COMMUNICATIONS EQUIPMENT 3,237
570 BUILDING AND PLANT EQUIPMENT 1,638
599 FIXED ASSETS 3,556
730 GENERAL SERVICES CHARGES 23,569
740 BUILDING SERVICES CHARGES 97,301
750 VEHICLE SERVICES CHARGES 112,350
780 INFORMATION SERVICES CHARGES 33,724
790 INSURANCE CHARGES 34,296
GRAND TOTALS 6 3,035,897
Exhibit P-1
CITY OF NATIONAL CITY
ESTIMATED POLICE COSTS
FOR TIDELANDS NON -TAX PAYING AREAS
FOR THE YEAR ENDING JUNE 30, 1998
Description Reference Amonnt
Number of officers required (1- in) Exhibit P-2 1.36
Est. Police Department costs Exhibit P-5 $8,537,848
Number of patrol officers (1- 1n)
Annual overhead cost per officer (including
staff and overhead cost)
Subtotal Police costs
Add estimated bookings:
2I arrests @ $154/arrest
Actual 96-97 41.08
($8,537,848 / 41.08) $207,835
($207,835 x 1.36) $282,656
Exhibit P-6 3,234
Value of police services $285,890
7
CITY OF NATIONAL CITY
NUMBER OF BEAT OFFICERS REQUIRED
TO STAFF SERVICE DEMAND
FOR TIDELANDS NON -TAX PAYING AREAS
Description
F/Y 1996-97 calls for service (CFS),
in minutes
CFS converted to hours
F/Y 1996-97 preventive patrol (PP)
1.5 hours/patrol x 3 patrols/day
(negotiated formula)
Total beat officer hours, PP + CFS
Available beat officer hours per year,
per officer
Number of officers required (1.1 b)
for PP + CFS
Exhibit P-2
Reference Amount
Exhibit P-3 21,648.6
21648.6 / 60 minutes per hour 360.81
1.5 x 3 x 365 days 1,643.00
(360.81 +1643)
Exhibit P-4
(2003.81 / 1470.5)
8
2,003.81
1,470.5
1.36
Exhibit P-3
CITY OF NATIONAL CITY
CALLS FOR SERVICE AND TOTAL OFFICER TIME
FOR TIDELANDS AREA
FOR THE YEAR ENDING JUNE 30, 1997
MO
TOTAL NUMBER TOTAL OFFICER
OF CALLS TIME Qvluiutesl
July 1996 29 2,534.8
August 1996 35 3,059.0
September 1996 35 1,434.6
October 1996 53 2,738.0
November 1996 26 1,335.6
December 1996 27 1,170.0
January 1997 31 1,366.0
February 1997 42 1,407.4
March 1997 28 1,966.2
April 1997 28 2,260.2
May 1997 23 586.4
June 1997 24 1,790.4
Total
381 21,648.6
Source: NCPD Crime Analysis Unit
9
CITY OF NATIONAL CITY
BEAT OFFICER
AVAILABLE FIELD TIME PER YEAR
Description
Exhibit P-4
Reference Amount
Gross workdays per year:
Number of workweeks per year 52
Number of workdays per workweek 4
Gross workdays per year (52 x 4) 208
Leave days per year:
Vacation
Sick leave
Total leave days per year
Available field days per year
Number of field hours per day:
Gross work hours
Rest period
Briefing
Net field hours per day
Net available field hours per year
10
23
12
35
(208 - 35) 173
10.00
(1.00)
(0.50)
(10.00 -1.00 - .50) 8.50
(173 x 8.5) 1,470.50
Exhibit P-5
CITY OF NATIONAL CITY
ACTUAL TOTAL POLICE DEPARTMENT OVERHEAD COSTS
FOR THE YEAR ENDING JUNE 30, 1997
100 SALARIES - PART-TIME
101 SALARIES - FULL-TIME
102 OVERTIME
105 LONGEVITY
107 EDUCATIONAL INCENTIVE PAY
110 UNIFORM ALLOWANCE
120 DIFFERENTIAL PAY
140 WORKERS' COMPENSATION
150 HEALTH INSURANCE
151 LTD INSURANCE
160 RETIREMENT PLAN CHARGES
161 MEDICARE
199 PERSONNEL COMPENSATION
205 MEDICAL SERVICES
209 LEGAL SERVICES
213 EXPERT & CONSULTANT SERVICES
217 INVESTIGATIVE SERVICES
�2 MEMBERSHIPS & SUBSCRIPTIONS
226 TRAINING
230 PRINTING & BINDING
250 POSTAGE
256 EXTRADITION EXPENSE
258 TRAVEL & SUBSISTENCE
259 K-9 CARE & MAINTENANCE
261 EMERGENCY ANIMAL CARE
268 RENTALS &LEASES
269 FACILITY LEASE
281 R & M - OFFICE EQUIPMENT
282 R & M - AUTOMOTIVE EQUIPMENT
287 R & M - COMMUNICATIONS EQUIPT.
291 R & M - AUDIO VISUAL EQUIPT.
299 CONTRACT SERVICES
301 OFFICE SUPPLIES
304 BOOKS
309 PHOTOGRAPHIC SUPPLIES
316 AMMUNITION
318 WEARING APPAREL
399 MATERIALS & SUPPLIES
502 COMPUTER EQUIPMENT
503 FURNITURE AND FURNISHINGS
515 COMMUNICATION EQUIPMENT
518 PUBLIC SAFETY EQUIPMENT
572 NON-STRUCTURAL IMPROVEMENTS
730 GENERAL SERVICES CHARGES
740 BUILDING SERVICES CHARGES
750 VEHICLE SERVICES CHARGES
780 INFORMATION SERVICES CHARGES
790 INSURANCE CHARGES
GRAND TOTALS 1 1
102,943
3,861,542
313,972
9,702
22,434
50,243
31,023
448,846
311,499
17,341
768,181
53,783
56,461
36,289
362
4,299
8,544
4,847
20,260
6,895
1,605
5,291
13,667
14,399
5,640
38,591
545,003
17,515
12,I25
24,410
11,111
104,944
16,205
2536
25,436
12,426
17,186
22,498
50,960
675
3,686
8,010
1,246
63,042
539,759
200,050
90,205
560,161
8,537,848
Exhibit P-6
CITY OF NATIONAL CITY
BOOKING FEES FOR ARRESTS MADE
ON NON -TAX PAYING TIDELANDS AREAS
FOR THE YEAR ENDING DUNE 30, 1997
TOTAL
Ma= ARRESTS
July 1996 0
August 1996 3
September 1996 3
October 1996 0
November 1996 1
December 1996 7
January 1997 0
February 1997 1
March 1997 2
April 1997 1
May 1997 1
June 1997 2
Total arrests
Booking fee per arrest
Total booking fee costs (21 x $154)
21
$154
$3,234
Information on arrest by month was taken from Calls for Service
statistics prepared by NCPD Crime Analysis Unit
12
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE Feb. 17, 1998
AGENDA ITEM NO. 3
ITEM TITLE WARRANT REGISTER #31
PREPARED BY Tess E. Limfueco
EXPLANATION.
DEPARTMENT Finance
Ratification of Warrant Register #31
per Government Section Code 37208.
Environmental Review
Financial Statement
N/A
N/A
Account No.
IMF RECOMMENDATION
I recommend ratification of these warrants for a total
of $296,512.94
BOARD/COMMISSION RECOM ENDATION
ATTACHMENTS (Listed Below)
1. Warrant Register #31
2. Worker's Comp Warrant Register dated 2/10/98
Resolution No
A•200 10.ev 9/001
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. 31
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
TINY TOT CLASSES FUND
GRANT —JUDGE PROGRAM
GRANT —COPS UNIVERSAL
STATE PUBLIC LIBRARY
GRANT —NC SUPPR. OF DR
REGISTER TOTALS
PAYROLL
TOTAL
94,469.22
63.39
1,646.21
1,976.65
173.30
3,572.22
36,060.75
1,970.06
422.14
1,577.83
12.18
424.77
1,044.51
12.50
352.35
LIBRARY SCHOOL DISTRI 3.91
NPT BUS DONATIONS FUN 9.65
COPS GRANT PART II 1,696.16
LIBRARY COMPUTER CENT 212.25
GRANT—C.D.B.G. 23,000.22
CDC PAYMENTS 570.26
PROPOSITION "A" FUND 10,810.00
STP LOCAL/TRANSNET HI 318.40
GRANT—CMAQ 6,042.43
TDA 48,705.58
FACILITIES MAINT FUND 29,135.57
LIABILITY INS. FUND 9,662.56
GENERAL SERVICES FUND 502.00
INFORMATION SERVICES 1,398.03
MOTOR VEHICLE SVC FUN 10,067.34
TRUST & AGENCY 882.22
286,794.76
0.00
286,794.76
I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY:
WARRANT NUMBERS 147537 THROUGH 147666 INCLUSIVE
EXCEPTING NONE/ 103698 THROUGH 103728 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.
(R
1 s1 y P Ivi. A- 1 '-: N
7-?
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
*Continued from
Council Meeting of
February 3, 1998
4
AEETING DATE Fe.br1�*-✓ 17, 1998 AGENDA ITEM NO.
ITEM TITLE RENEWAL OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE
METROPOLITAN 1 RANSIT DEVELOPMENT BOARD (MTDB) ALLOWING THE MTDB TO REGULATE
PARa TRANSIT VEHICLES (TAXI CABS. ETC.) OPERATING IN THE CITY OF NATIONAL CITY
PREPARED BY Craig Short DEPARTMENT Police Department =�L-
Police Captain Skip DiCerchio, Police Chief
EXPLANATION.
In May. 1995, the City extended for three (3) years an agreement with the MTDB allowing the MTDB to
regulate para transit vehicles operating in the city. The agreement expires June 30. 1998.
With renewal of this agreement, for an additional five (5) years, the MTDB continues the responsibility at
no cost to the City. Advantages of contracting with the MTDB for this service include: 1) Reduce potential
City liability; 2) Scheduled inspection of vehicles by trained mechanics; 3) Proactive enforcement of rules
and regulations pertaining to rates, operation of vehicles, licensing, proper equipment, etc., by trained
MTDB employees; 4) A system to handle passenger complaints; and 5) A set administrative appeals
procedure.
The cities of El Cajon, Imperial Beach. Lemon Grove, Poway, San Diego and Santee also have agreements
with the MTDB for the same services.
Note that the last sentence in paragraph #2 of the MTDB's "second amendment" was added since receipt
of oricinal draft in December 1997. See attached.
Environmental Review X NJA
Financial Statement
No financial impact.
Account No.
STAFF RECOMMENDATION
Authorize City Manager to approve contract for five (5) years through June 30, 2003.
BOARD/COMMISSION RECOMMENDATION
N,A
98- 22
ATTACHMENTS (Listed Below) Resolution No
San Diego Metropolitan Transit Development Board "Second Amendment to Agreement for
administration of Taxicab and other For -hire Vehicle Regulations."
RESOLUTION NO. 98 - 22
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A RENEWAL
AGREEMENT BETWEEN i'HB CITY OF NATIONAL
CITY AND 1'HE METROPOLITAN TRANSIT DEVELOPMENT
BOARD (MTDB) ALLOWING THE MTDB TO REGULATE
PARATRANSIT VEHICLES (TAXICABS, ETC.)
OPERATING IN THE CITY OF NATIONAL CITY
WHEREAS, in May, 1995, the City extended for three (3) years an agreement
with the MTDB allowing the MTDB to regulate paratransit vehicles operating in the
city; and
WHEREAS, the agreement with MTDB expires June 30, 1998; and
WHEREAS, with the renewal of this agreement, for an additional five (5) years,
the MTDB continues the responsibility at no cost to the City; and
WHEREAS, the advantages of contracting with the MTDB for this service
include reduced potential liability; scheduled inspection of vehicles by trained
mechanics; proactive enforcement of rules and regulations pertaining to rates, operation
of vehicles, licensing, proper equipment, etc., by trained MTDB employees; a system
to handle passenger complaints; and a set administrative appeals procedure.
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 renewal
agreement between the City and the Metropolitan Transit Development Board (MTDB)
allowing the MTDB to regulate paratransit vehicles (taxicabs, etc.) operating in the City
of National City. Said Agreement is on file in the office of the City Clerk.
Signature Page to Follow
Resolution No. 98 - 22
February 17, 1998
Page Two
PASSED and ADOPTED this 17th day of February, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/-/-144#.
George H. Eiser, III
City Attorney
MTDB Doc. No. T0095.2-92
TAXI 590.8
SECOND AMENDMENT TO AGREEMENT FOR
ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS
THIS AGREEMENT is entered into by and between the City of National City, a
municipal corporation (herein called "City"), and the San Diego Metropolitan Transit Development
Board, a public agency (herein called "MTDB"), for a period from July 1, 1998 through June 30,
2003.
WHEREAS, MTDB is authorized under section 1 20266, chapter 2, division 11 of the
California Public Utilities Code (PUC) to enter into contracts to regulate transportation services
within a city in its area of jurisdiction; and
WHEREAS, the City is within MTDB's jurisdiction; and
WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant
to PUC section 120266 in accordance with MTDB's uniform ordinance and implementing policies
and regulations; and
WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to
regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period
from Juiy 1, 1991 through June 30, 1995, and on May 23, 1995, extended the agreement for the
period from July 1, 1995 through June 30, 1998; and
WHEREAS, the City and MTDB desire to now enter into an agreement to extend the
period through June 30, 2003;
follows:
NOW THEREFORE, in consideration of the above, the City and MTDB agree as
1. MTDB will adopt, administer, and enforce its taxicab and other for -hire vehicles
ordinance, policies, and regulations as in effect on July 1, 1998, and as thereafter from time to
time amended by MTDB, and thereby regulate such vehicles and transportation services rendered
wholly within the City's corporate limits during the period ending June 30, 2003, pursuant to
PUC section 120266.
2. MTDB will collect and administer all such regulatory fees, fines, and forfeitures
as now or hereafter provided by the MTDB taxicab and other for -hire vehicles Ordinance No. 1 1 ,
policies, and regulations. However, licensing hereunder will not exempt a licensee from municipal
business license requirements and fees.
3. The City Manager and the MTDB General Manager may supplement this
agreement by executing a Memorandum of Understanding relative to administrative and operating
procedures of taxicab and other for -hire vehicles regulation, and to provide for reimbursable staff
and legal support services.
IN WITNESS THEREOF, this Second Amendment to Agreement is executed by the
City acting by and through its City Manager pursuant to Council Resolution No. and
by MTDB acting through its General Manager.
Dated this
day of 1998.
THE CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD
Tom McCabe
City Manager
Thomas F. Larwin
General Manager
WE HEREBY APPROVE the form and legality of the foregoing Agreement.
City Attorney Jack Limber
General Counsel
Date: Date:
KYarno/LTresc
AG-NATIONAL.JLIMBE
1/13/98
-2-
City of National City, California
COUNCIL AGENDA STATEMENT
5
MEETING DATE February 17, 1998 AGENDA ITEM NO.
ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING
CHAPTER 6.74 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO SERVICE STATIONS.
PREPARED BY
EXPLANATION
George H. Fiver, III
See attached memorandum
DEPARTMENT
City Attorney
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
Consider introduction of ordinance.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
Memorandum
Pro used Ordinance
n -700 !Re,, a/87'
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950
George H. Eiser, Ill • City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
To: Mayor and City Council Date: February 11, 1998
From: City Attorney
Subject: MOTOR FUEL PRICE REGULATION ORDINANCE
As you are aware, the San Diego County Board of Supervisors on January 13,
1998 introduced a motor fuel price regulation ordinance. The ordinance provides
that it will become operative on the date the Board of Supervisors certifies that a
sufficient number of cities within the county have enacted the same or a
substantially similar ordinance so as to affect two-thirds (2/3) of the county's
residents. The second reading of the ordinance took place on February 10. The
Board has not yet certified the adoption of the same or a similar ordinance by
the required number of cities. The County ordinance, in and of itself, imposes
regulations only within the unincorporated areas of the County.
Attached is a proposed ordinance which would add Chapter 6.74 to the National
City Municipal Code, entitled "Service Stations". The proposed Chapter 6.74
would impose restrictions upon service stations within National City which are
virtually identical to those contained in the County ordinance.
The main features of the ordinance are as follows:
1. Restrictions on Company Operated Stations. After July 1, 1998, a refiner
shall not open a new company -operated retail service station in the county.
After January 1, 1999, no more than 50% of retail service stations owned by
a refiner shall be company -operated. After January 1, 2000, no retail service
stations owned by a refiner shall be company -operated. The prohibition of a
refiner from operating a retail service station is commonly known as
"divorcement."
2. Wholesale Purchasing Rights. After the ordinance takes effect, a refiner is
prohibited from taking action to prevent a motor fuel franchisee from
purchasing the refiner's motor fuel from any vendor. Additionally, a refiner
may not discriminate in price between different franchisee purchasers of the
refiner's motor fuel if the price discrimination prevents a franchisee from
taking advantage of price differences at different locations or between
different wholesale vendors.
�► Recycled Paper
3. Price Discrimination Prohibition. A refiner is prohibited from selling to a
motor fuel retailer any grade of motor fuel at a price that exceeds the current
market retail price of the same grade of fuel sold to a refiner -operated
gasoline station. Additionally, a refiner may not "overcharge", that is, sell
motor fuel to a retailer at a price that exceeds the price charged any other
retailer for fuel supplied from the same truck -Loading terminal.
In accordance with the County's ordinance, the proposed ordinance provides
that it will become operative when the Board of Supervisors makes its
certification with respect to the adoption of the same or a similar ordinance by
cities affecting two-thirds of the county's population.
Although the ordinance is proposed for introduction at this time, I will continue to
study the legal issues surrounding this subject.
George H.Eiser, III,
City Attorney
GHE:cho
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 6.74
TO TITLE 6 OF THE NATIONAL CITY
MUNICIPAL CODE RELATING
TO SERVICE STATIONS
The City Council of the City of National City does ordain as follows:
Section 1. Chapter 6.74 is hereby added to Title 6 of the National City
Municipal Code to read as follows:
CHAPTER 6.74
SERVICE STATIONS
Sections:
6.74.010 Purpose and intent.
6.74.020 Definition.
6.74.030 Restrictions on company operated stations.
6.74.040 Temporary company operated stations.
6.74.050 Wholesaler purchasing rights.
6.74.060 Price discrimination prohibitions.
6.74.070 Enforcement responsibility.
6.74.080 Violations constitute misdemeanors.
6.74.090 Civil enforcement.
6.74.010 Purpose and intent. The City Council finds that the provisions in
this chapter are necessary to promote competition between motor fuel retailers in the
City of National City. Such competition will result in National City consumers paying
reasonable prices in motor fuel. In addition, this chapter is intended to cause retail
prices of motor fuel in National City to compare more favorably with prices charged to
motor fuel consumers in other parts of the State of California..
6.74.020 Definitions. For the purposes of this chapter, the words set out in
this section shall have the following meanings:
A. "Affiliate" means any person who, other than by means of franchise, controls, is
controlled by or is under common control with any other person.
B. "Company operated station" means a retail service station operated by a refiner
with employees of the refiner or by a commissioned agent, contractor or consignee of
the refiner for the sale of motor fuel to the general public for ultimate consumption. A
retail service station operated by a franchise shall not constitute a company operated
station.
C. "Control" means the direct or indirect ownership of or the right to exercise a
directing influence over more than 50 percent of the beneficial interest in any person.
Ordinance No.
Page 2 of 5
D. "Cost of doing business" means the expense, on a per gallon sold basis, incurred
by a refiner to sell motor fuel at a company operated retail service station and includes,
without limitation, the value of all goods, the costs of delivery of any goods or
commodities, services, facilities, real property and improvements, labor and overhead
used, consumed, expended or reasonably allocated by a refiner in connection with the
retail activity. "Cost of doing business" does not include the cost of extracting or
purchasing raw crude oil, the cost of refining crude oil into motor fuel or the cost of
delivering motor fuel to the truck loading terminal.
E. "Franchise" means any contract between a refiner and a motor fuel retailer under
which a refiner authorizes or permits a motor fuel retailer to use, in connection with the
sale, consignment or distribution of motor fuel, a trademark that is owned or controlled
by the refiner. "Franchise" includes:
1. Any contract under which a motor fuel retailer is authorized or permitted to
occupy leased marketing premises, to be employed in connection with the sale,
consignment or distribution of motor fuel under a trademark which is owned or
controlled by such refiner;
2. Any contract between a refiner and a motor fuel retailer pertaining to the
supply of motor fuel that is to be sold, consigned or distributed under a trademark
owned or controlled by a refiner; and
3. The unexpired portion of any franchise, as defined in this subsection, that
is transferred or assigned as authorized by the provisions of such franchise or by any
applicable provisions of law that permit such transfer or assignment without regard to
any provision of the franchise.
F. "Franchisee" means a motor fuel retailer who is authorized or permitted under a
franchise- to use a trademark in connection with the sale, consignment or distribution of
motor fuel.
G. "Franchisor" means a refiner who, under a franchise, authorizes or permits a
motor fuel retailer to use a trademark in connection with the sale, consignment or
distribution of motor fuel.
H. "Grade of motor fuel" means motor fuel of a particular quality or class and sold
under a particular trademark, trade name or brand.
I. "Leased marketing premises" means marketing premises owned, leased or in
any way controlled by a franchisor and which the franchisee is authorized or permitted
under the franchise, to employ in connection with the sale, consignment or distribution
of motor fuel.
J. "Market retail price" means the per gallon price at which a refiner sells or offers to
sell to the public a grade of motor fuel at a company operated station less the cost of
doing business at the retail service station.
K "Marketing premises" means, in the case of any franchise, premises which,
under the franchise, are to be employed by the franchisee in connection with the
sale, consignment or distribution of motor fuel.
Ordinance No.
Page 3 of 5
L. "Motor fuel" means gasoline and diesel fuel of a type distributed for use as a fuel
in self-propelled vehicles designed primarily for use on public streets, roads and
highways.
M. "Motor fuel retailer" means a person who is not an affiliate of a refiner and who
purchases motor fuel primarily for sale to the general public for ultimate consumption at
a retail service station.
N. "Overcharge" means a sale of or offer to sell motor fuel to a motor fuel retailer at
a price that exceeds the price charged any other motor fuel retailer for motor fuel
supplied from the same truck loading terminal. "Overcharge" shall not be construed to
prevent due allowances for the refiner's actual costs, including delivery, marketing,
facility, and real estate costs.
O. "Person" means an individual, proprietorship, firm, partnership, joint venture,
syndicate, company, association, Committee, corporation, trust or any other organization
or group of individuals acting in concert. "Person" does not include governmental
entities.
P. 'Price"' means the price of a gallon of motor fuel paid to a refiner by a motor fuel
retailer, less the value, on a per gallon sold basis, of all rebates, discounts, credits,
incentives and other benefits extended by the refiner to the motor fuel retailer.
Q. "Refiner' means any person engaged in the refining of crude oil to produce motor
fuel and includes any affiliate of such person.
R. "Retail service station" or "service station" means a facility, including land and
improvements, where motor fuel is Sold at retail to the motoring public.
6.74.030. Restrictions on company operated stations. A, On or after July 1,
1998, a refiner shall not open a new company operated retail service station in the City
of National City.
B. On or after January 1,1999, no more than fifty percent of retail service stations
owned by a refiner in the City of National City shall be company operated stations.
C. On or after January 1, 2000, no retail service stations owned by a refiner in the
City of National City shall be company operated stations.
6.74.040. Temporary company operated stations. A. Notwithstanding
Section 6.74.030, a refiner may open and operate a company operated retail service
station, at a site in the City of National City for a period not to exceed 90 days when, in
accordance with state and federal law;
1. A motor fuel retailer voluntarily determines to terminate or not to renew a
franchise with the refiner; or
2. The franchise between the refiner and the motor fuel retailer is terminated
or not renewed by the refiner.
B. The company operated station referred to in subsection A of this section shall be
opened and operated at the same site as the retail service station operated by the
motor fuel retailer who was the franchisee.
Ordinance No.
Page 4 of 5
6.74.050. Wholesaler purchasing rights. A. On or after the operative date of
this chapter, a refiner shall not enter into any contract or take any other action to prevent
a branded motor fuel franchisee operating in the City of National City from purchasing
the refiner's branded motor fuel from any location or through any vendor in the refiner's
wholesale fuel network. This section shall not affect any contracted rights in existence
on the date immediately preceding operative date of this chapter.
B. A refiner shall not discriminate in price between different franchisee purchasers
of the refiner's branded motor fuel, if the price discrimination effectively prevents a
franchisee from taking advantage of price differences at different locations or between
different wholesale vendors.
6.74.060 Price discrimination prohibition. A refiner may not:
A. Sell or offer to sell to a motor fuel retailer any grade of motor fuel at a price that
exceeds the then current market retail price for the same grade of motor fuel supplied
by the refiner from the same terminal, to a company operated station; or
B. Overcharge a motor fuel retailer for motor fuel.
6.74.070 Enforcement responsibility. A. The City Attorney shall enforce the
provisions of this chapter.
B. Any person who believes that a violation of any portion of this chapter has
occurred may file a complaint with the City Attorney. If the City Attorney determines that
there is a reason to believe a violation of this chapter has occurred, the City Attorney
shall investigate.
C. The City Attorney may exercise such investigative powers as are necessary for
the performance of the duties prescribed in this chapter and may demand and shall be
furnished with alt records of refiners and motor fuel retailers which may be pertinent to
such investigation.
6.74.080. Violations constitute misdemeanors. Any person violating the
provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be
fined in an amount not to exceed the maximum amount allowed by law and/or by
imprisonment in the County Jail for a period not to exceed the maximum time allowed
by law.
6.74.090 Civil enforcement. A. Any aggrieved person may enforce the
provisions of this chapter by means of a civil action.
B. Any person who commits, or proposes to commit, an act in violation of this
chapter may be enjoined therefrom by a court of competent jurisdiction.
C. An action for injunction under subsection B may be brought by an aggrieved
person or by any person or entity which will fairly and adequately represent the interests
of the aggrieved person.
Ordinance No.
Page 5 of 5
D. Nothing in this chapter shall preclude any aggrieved person from seeking any
other remedy provided by law.
SECTION 2. This ordinance shall become operative on the date the Board 'of
Supervisors certifies that a sufficient number of cities have adopted an ordinance, which
is the same or substantially similar to this ordinance, so that two-thirds of the total
residents of the County of San Diego, according to the official population figures for
January 1, 1997, issued by the San Diego Association of Governments (SANDAG),
reside within a jurisdiction having adopted an ordinance which is the same or
substantially similar to this ordinance.
PASSED and ADOPTED this _ day of 1998.
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
/4E"211.
George /41ser, Ill
City Attorney
f:Nosprice
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 17, 1998
SECOND READING
AGENDA ITEM NO 6
ITEM TITLE
AN ORDINANCE REPEALING CHAPTER 6.45 REGARDING GARAGE SALES AND REPEALING
SECTION 7.20.120 AND ADDING CHAPTER 7.21 TO THE MUNICIPAL CODE TO REGULATE GARAGE, YARD
AND RUMMAGE SALES
PREPARED BY Rudolf Hradecicy , DEPARTMENT
EXPLANATION.
Senior Assistant
City Attorney
This ordinance repeals Section 7.20.120 and adds Chapter 7.21 to establish uniform procedures for
garage and yard sales on residential property and rummage sales on institutional property. Upon
adoption of the amendments to Section 7.21, Chapter 6.45 would become duplicative and repeal is
therefore recommended. The changes are designed to improve administration, eliminate unauthorized
sales and maintain control over the number of authorized sales. Sales are limited to two (2) per year
per name and address or organization. Property owner/manager consent is required for garage or yard
sales at apartment and condominium complexes, which are also limited to two (2) per year, regardless
of the number of units. Sales are prohibited on vacant property - an issue which has been a problem
in the past. This ordinance preserves distinctions regarding the unauthorized outdoor display of
merchandise covered under Title 18, NCMC. It also prohibits the sale of new retail merchandise at
permitted sales, and limits the same person from moving around and conducting garage sales at other
properties as a business.
The ordinance has been prepared by the City Attorney in coordination with the Director of Building
and Safety, Planning Director and Revenue Collection Supervisor.
J
Environmental Review
Financial Statement
N/A
X N/A
Account No.
51AFF RECOMMENDATION
Approval of ordinance.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
Ordinance
A.::: z•-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
REPEALING CHAPTER 6.45 REGARDING
GARAGE SALES AND REPEALING
SECTION 7.21.120, AND ADDING CHAPTER 7.21
TO THE MUNICIPAL CODE TO REGULATE
GARAGE, YARD AND RUMMAGE SALES
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code be amended as follows:
Section 1. That Title 6 is amended by repealing Chapter 6.45.
Section 2. That Title 7, Chapter 7.20, is amended by repealing Section 7.20.120.
Section 3. That Title 7 is amended by adding Chapter 7.21 and the table of
contents to read as follows:
Chapter 7.21
GARAGE, YARD AND RUMMAGE SALES
Sections:
7.21.010 Purpose and intent.
7.21.020 Definitions.
7.21.030 Permit and fee requirements.
7.21.040 Regulations on sales.
7.21.050 Prohibited items.
7.21.060 Advertising signs.
7.21.070 Display requirements.
7.21.080 Permit signs.
7.21.090 Refunds.
7.21.100 Additional rules.
7.21.110 Deadlines.
7.21.120 Violation —penalty.
7.21.010 Propose and intent. The purpose and intent of this chapter is to
regulate garage and yard sales of used goods on residential properties and rummage sales
on institutional property. In a technical sense, these types of sales of used goods possess
commercial characteristics but, because of the manner in which conducted or operated, are
generally considered noncommercial in nature. These regulations are intended to prevent
the expansion of commercial operations into residential and institutional properties, upgrade
Ordinance No.
Page 2 of 5
the community image, and regulate sales activity outdoors of used personal property so as
to keep such sales noncommercial and not in violation of zoning laws. The provisions of
this Chapter 7.21 are not intended to create a substitute procedure for, or to allow sales
regulated by, Chapter 18.92 governing outdoor display of merchandise on commercial or
industrially zoned property. Persons who comply with this Chapter 7.21 are exempt from
payment of business taxes under Chapter 6.04. Private sales of individual items of personal
property which are not displayed out of doors are exempted from the prohibitions or
application of this section.
7.21.020 Definitions. A. A "garage sale" is any display and sale conducted by
an individual or group of home owners, apartment dwellers or occupants of a residential
dwelling for the purpose of disposing of unwanted or surplus household furnishings or other
used, personally owned goods, (collectively included under the term "used goods" as
defined in this section) usually conducted in a garage or driveway on a residential property,
for which no inventory is kept and no sales tax is required to be paid on the transaction
carried out. The term "garage sale" includes sales of household goods conducted on any
portion of a residential premises including a yard, and hence sometimes called a "yard
sale"
B. A "rummage sale" is any indoor or outdoor display and sale of "used goods"
as defined in Section 7.21.020E, conducted for fund raising purposes by a charitable or
fraternal organization that is exempted or qualified for exemption by Section 501(C)3 of the
Internal Revenue Code.
C. "Identifiable goods" means any tangible personal property which bears a
serial number, personalized initials or inscription and includes secondhand tangible personal
property which bears evidence of once having had a serial number or personalized initial or
inscription.
D. "Permit" means a permit issued by the finance department to conduct a
garage, yard or rummage sale.
E. "Used goods", when used in this chapter, means surplus household
furnishings or other used, personal goods, clothing and similar personal belongings that are
owned by or have been donated to the seller. The term specifically excludes new
furnishings, new merchandise or new goods that are being sold at retail or wholesale.
7.21.030 Permit and fee requirements. A. Any resident, or an organization or
club of the city of National City on behalf of its members, may conduct a garage sale or
rummage sale, respectively, as defined in this chapter; provided, however, that a permit is
first obtained from the finance department of the City of National City. The fee prescribed
in the National City Fee Schedule for each permit must be paid at the time of permit
issuance. The permit fee required under this Section 7.21.030 is in addition to any fee
required under Chapter 15.60 regarding temporary use permits.
Ordinance No.
Page 3 of 5
B. Applications for a permit must be made at least 48 hours prior to the
proposed sale. The application shall provide the following information:
1. Name and address of the person(s) or organization(s) wishing to
conduct the sale;
2. The location where the sale is to be conducted;
3. A general description of the property qualifying as "used goods" to be
offered for sale;
4. Dates and time period when sale shall be conducted;
5. Signature of person(s) or agent conducting sale.
6. Authorization of property owner or managing agent of multifamily
apartment or condominium complexes.
C. A separate permit and fee payment is required for each address at which a
sale is to be conducted, except that a single permit fee may be charged when a group of
residents arrange a neighborhood garage sale for the collective purpose of funding a
neighborhood civic program or activity.
7.21.040 Regulations on sales. A. All used goods being sold must be the
property of those conducting the sale or on whose behalf the sale is being conducted.
B. It shall be presumed that goods on display consisting of three (3) or more
products of a similar nature in an original unopened container or packaging constitute new
merchandise that is being vended as part of a commercial enterprise, and are therefore
prohibited under this Chapter 7.21.
C. Conducting a garage or rummage sale for which no permit was issued counts
as a garage or rummage sale for purposes of computation of the annual sales limit. Each
sale and each permit is limited to a maximum period of four consecutive days per sale.
D. No more than two garage sales may be conducted at the same address within
the same calendar year at any single-family residence. No person may conduct more than
two (2) garage sales within the same calendar year regardless of location.
E. No more than two rummage sales may be conducted by a qualifying
organization during any calendar year.
F. Special rules for multi -family apartment and condominium complexes: The
maximum number of garage sales permitted at any residential apartment complex with three
(3) or more units, or in a condominium complex with three (3) or more dwelling units, is
limited to a maximum of two (2) sales per calendar year. The property owner, managing
agent or management official must co-sign the application to authorize the sale on the
premises before a permit will be issued.
G. Persons displaying or selling goods in violation of Chapter 7.21 shall
immediately ceisP and desist from further sales activity and shall remove all goods and
wares from display upon direction of an authorized officer of the City of National City. An
enforcement official is authorized to impound goods being displayed or sold in violation of
this chapter as evidence pending citation and enforcement.
Ordinance No.
Page 4 of 5
H. Except at licensed "swap meets," sales of used goods outdoors on property
used for commercial or industrial purposes is prohibited, and no permit shall be issued
under this Chapter 7.21 for that purpose.
I. All permits issued by the City of National City shall include written notice of
the provisions of this Chapter.
7.21.050 Prohibited items. It is unlawful for any person to exchange, barter,
trade, or sell at a garage or rummage sale the following items: firearms, ammunition,
explosives, animals and livestock, any identifiable goods, and all other items the sale or
possession of which may be prohibited by ordinance or resolution duly adopted by the City
Council of the City of National City or by the laws of the state of California or County of
San Diego.
7.21.060 Advertising signs. Only one unlighted advertising sign not exceeding
six square feet in area may be located on the premises of the sale. The sign must be of a
temporary nature, may be displayed not more than one week in advance of said sale, and
must be removed upon conclusion of the sale. Signs are prohibited in the public right-of-
way.
7.21.070 Display requirements. A. All used goods to be sold must be
displayed on property owned or controlled by the permittee or which the permittee is
authorized to use by the property owner or manager.
B. No used goods shall be displayed on streets or public sidewalks.
C. No used goods shall be displayed on a vacant or undeveloped lot.
7.1.080 Permit sign. The finance officer will issue a distinctive permit sign to
each permittee. The permit sign must be posted in a conspicuous spot, to be visible from
the abutting public right-of-way or access point for enforcement purposes.
7.21.090 Refunds. Refunds of any permit fee paid will not be made. A credit
will be issued if the permit is physically surrendered to the finance department prior to the
first authorized day of the permit. After that date, the fee is non -creditable and the issued
permit counts against the number of permits authorized in Section 7.21.040.
7.21.100 Additional rules. The finance officer may promulgate additional rules
to implement and administer the provisions of this Chapter 7.21 and may use existing
stocks of forms until depleted.
7.21.110 Deadlines. The finance officer shall not issue a permit unless
application is made at least 48 hours in advance.
Ordinance No.
Page 5 of 5
7.21.120 Violation —penalty. A. It is unlawful:
1. To conduct a garage, yard or rummage sale without a permit;
2. To alter a permit or permit sign;
3. To fail to discontinue operation of an unpermitted sale or to fail to
remove displayed goods upon request of an enforcement official;
4. To post signs in violation of Section 7.21.060;
5. To fail to post a permit sign;
6. To sell used goods that are not the property of the permittee or a
person on whose behalf the sale is conducted, or to sell other than used goods;
7. To apply for a permit on behalf of a person or organization that is not
authorized to conduct a garage, yard or rummage sale;
8. To make a false statement or representation on a permit application; or
9. To display used goods on a street, public sidewalk or vacant lot.
B. Each violation of the provisions of this chapter is an infraction, punishable by
a fine not exceeding fifty dollars for a first violation, a fine not exceeding one hundred
dollars for a second violation of this section within one year, or a fine not exceeding two
hundred fifty dollars for each additional violation of this section within one year.
PASSED and ADOYTr.D this 20th day of January. 1998.
A l i EST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
gt„
George H. Eiser, III
City Attorney
fa, 2IL
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
SECOND READING
MEETING DATE February 17, 1998 AGENDA ITEM NO
1 ITEM TITLE 1
AN ORDINANCE AMENDING TITLE 10 OF THE NATIONAL CITY
MUNICIPAL CODE BY ADDING CHAPTER 10.45 REGARDING SECURITY AND FIRE
ALARM SYSTEMS
PREPARED BY Michael G. Tricker DEPARTMENT Police Department e7f
Police Lieutenant Skip DiCerchio, Police Chief
EXPLANATION.
The proposed ordinance would establish a false alarm reduction plan/permit aimed at reducing
the 3,500 + false alarms generated yearly. Such an ordinance would be consistent with the
other 19 primary jurisdictions in the county where such a plan exist. The proposed ordinance
is the result of a joint effort between the police department's Neighborhood Policing Team and
the City Attorney's office, with input and recommendations from the fire department and finance
department. The proposed ordinance would require businesses and residents utilizing an alarm
system designed to generate police and/or fire response to obtain a City permit. Such a permit
would aid significantly in the tracking/retention of vital information pertinent to police and fire
officials responding to such alarms. The requirements will apply after April 1, 1998, in order
to bring existing businesses and installations into compliance and allow for education and set up.
This program has been endorsed by the Chamber of Commerce and several other businesses,
both at Plaza Bonita and Mile of Cars.
Environmental Review X N/A
Financial Statement
A financially self-sustaining program with a net savings to the City conservatively estimated at
$44,600.00 yearly.
Account No
STAFF RECOMMENDATION
Approve ordinance.
BOARD/COMMISSION RECOMMENDATION
N/A
ATIACNMENTS (Listed Below) Resolution No
1. National City Chamber of Commerce Letter of Endorsement
2. Business Survey Results
3. False Alarm Reduction Plan
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING TITLE 10
OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 10.45 REGARDING
SECURITY AND FIRE ALARM SYSTEMS
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended by amending Title 10 to add Chapter 10.45 to read as
follows:
Chapter 10.45
SECURITY AND FIRE ALARM SYSTEMS
Sections:
10.45.010 Short title.
10.45.020 Purpose and Intent.
10.45.030 Definitions.
10.45.040 Registration.
10.45.050 Alarm user's permit.
10.45.060 Coition of information.
10.45.070 Alarm system standards.
10.45.080 Alarm system regulations.
10.45.090 Purpose of alarm system.
10.45.100 Direct -dial telephone device.
10.45.110 Alarm business and alarm agent responsibility.
10.45.120 Repairs.
10.45.130 False alarm penalty asst-csment.
10.45.140 Right to discontinue response.
10.45.150 Suspension/revocation of permits.
10.45.160 Appeals.
10.45.170 Criminal penalties.
10.45.180 Limitations of liability.
10.45.190 Severability of provisions.
10.45.200 Other alarm systems.
10.45.210 Governmental entities.
10.45.220 Confidentiality.
Ordinance No.
Page 2 of 7
10.45.020 Purpose and Intent. The City Council finds and declares that:
A. Inadequately regulated security and fire alarm systems present a growing danger to the
health, safety and welfare of the residents of the city;
B. The volume and frequency of nuisance alarms are conditions which have persisted so as to
become hazardous and causing a serious drain upon limited police and fire services and equipment
needed at other locations;
C. The unnecessary waste of tax dollars through responses to nuisance alarms must be reduced;
D. Every residence and business property is entitled to the safety and protection afforded by
local law enforcement;
E. The ner-ssity for the provisions and prohibitions hereinafter contained and enacted is
declared to be a matter of public policy in the pursuance of security and promoting the public
health, safety and welfare of the city and its residents.
10.45.030 Definitions. For the purposes of this chapter, the following words and
phrases shall be consm d as set forth in this section unless it is apparent from the context that a
different meaning is intended:
A. "Alarm agent" means and includes any person who is self-employed or employed directly
or indirectly by an alarm business operator whose duties include, but are not limited to: selling,
maintaining, installing, monitoring, demonstrating or causing others to respond to an alarm in or on
any building, place or premises. This definition shall not apply to local safety officers as defined in
Government Code Section 20019.4.
B. "Alarm business operator" means and includes any business operated for any consideration
wharsrpver, engaged in the installation, maintenance, alteration or servicing of alarm systems or
which responds to such alarm systems. "Alarm business operator," however, shall not include a
business which merely sells from a fixed location or manufactures alarm systems, unless such
business also services, installs, monitors or responds to alarm systems at the protected premises.
C. "Alarm system" is any device designed for the detection of an unauthorized entry or fire on
the premises or for alerting others of a fire or the commission of an unlawful act, or both, and
when activated emits an audible or silent signal or message to which police or Fire Department are
expected to respond. It includes those devices which emit a signal within the protected premises
only and are supervised by the proprietor of the premises where located, otherwise known as a
proprietary alarm. Auxiliary devices installed by a telephone company to protect its systems which
might be damaged or disrupted by the use of an alarm system are not included in the definition.
D. "Alarm user" means any person who owns, leases, rents, uses or makes available for use by
its agents. less�s, employees, representatives or immediate family an alarm system in the city.
E. "Audible alarm" means an alarm system designed to emit an audible sound outside of the
protected premises to alert persons of a fire or an unauthorized entry on the premises or of the
commission of an unlawful act.
F. "Business" me ns any nonresidential use.
Ordinance No.
Page 3 of 7
G. "Direct -dial device" means a device which is connected to a telephone line and upon
activation of the alarm system automatically dials a predetermined telephone number and transmits
a message or signal indicating a need for emergency response.
H. "False alarm" means the activation of an alarm system through mechanical failure, accident,
misoperation, malfunction, misuse, or the negligence of either the alarm user, operator or agent, or
any of their employees or agents. False alarms shall not include alarms caused by acts of God, the
malfunction of telephone lines, circuits or other causes which are beyond the control of the alarm
user, operator or agent.
I. "Fee schedule" means the National City Fee Schedule adopted by the City Council.
J. "Issuing officer" shall mean the Chief of Police or Fire Chief.
K. "Person" shall mean a natural person, firm, corporation, association, partnership,
individual, organization, or company. It excludes a governmental political unit.
L. "Residential" means premises used as dwelling units, which includes apartments and
lodging houses.
10.45.040 Registration. A. After April 1, 1998, it is unlawful for any person,
partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the
city without first having registered with the Police Department; provided, however, such
registration shall not be required for any business which only sells or laces the alarm systems from
a fixed location unless such business services, installs, monitors or responds to alarm systems at the
protev*e:1 premises. Registration shall be accomplished by furnishing such information as may be
required by the Police Department, including but not limited to the full name of the business, the
number of the license issued by the State Director of Consumer Affairs for the alarm business, and
the name and business address of the manager of operations for the area which includes the city.
The Police Department will coordinate this information with the Fire Department pertaining to
systems with a single fire function or a dual fire and unauthorized entry function.
B. Alarm agents. After April 1, 1998, it is unlawful for any person, including the owner of an
alarm business, to act as an alarm agent within the city without first having registered its, his or her
name and filed with the Police Chief a copy of the alarm agent registration card issued by the State
Director of Consumer Affairs pursuant to the provisions of Section 7590, et seq. of the California
Business and Professions Code; provided, however, nothing in this chapter shall require a person to
so register in order to install, service, repair, alter, replace, or move an alarm system on the
premises owned or occupied by that person, and further provided, nothing herein shall require a
person to so register who is merely a salesperson for any business not required to obtain an alarm
business permit under the provisions of this section if such salesperson does not engage in any other
activities related to alarm systems apart from selling.
10.45.050 Alarm user's permit. A. After April 1, 1998, it is unlawful to
install, or cause to be installed, use, maintain, or possess an alarm system on any business or
residence owned by or under the possession or control of such person within the city without
first having obtained an alarm user's permit from the Issuing Officer. The Issuing Officer
Ordinance No.
Page 4 of 7
shall prescribe the form of the application and request such information as is necessary to
evaluate and act upon the permit application. A non-refundable fee established in the Fee
Schedule shall accompany each application. The Police Department will coordinate the permit
with the Fire Department as necessary.
B. The permit application required under subsection A of this section 10.45.050 shall provide
the following information:
1. The number of alarm systems and specific purpose for which the alarm system or
systems shall be used;
2. The alarm user's name;
3. The address of the premises in or upon which the alarm system has been or will be
installed;
4. User telephone number;
5. The alarm business operator or operators selling, installing, monitoring, inspecting,
responding to and/or maintaining the alarm system; and,
6. The name and telephone number of at least two persons who can be reached at any
time, day or night and who are authorized to respond to an alarm signal and who can open the
premises in which the system is installed.
C. An alarm permit shall be valid for twenty-four (24) months. A separate permit shall be
obtained for each separate business or separate place of business, and a new permit is required for
any change of ownership or change of type of permit.
D. Where an alarm system is in operation prior to the effective date of the ordinance codified
in this chapter, the alarm user shall be responsible for contacting the issuing officer and obtaining a
permit within ninety days after the effective date of the ordinance codified in this chapter.
E. If an alarm business or agent uses an alarm system to protect its premises, it shall obtain a
user permit as required in this section.
10.45.080 Alarm system regulations. A. Alarm Deactivation - Audible Alarms.
Audible residential alarms used for unauthorized entry notification shall be equipped with an
automatic shutoff mechanism capable of terminating the audible annunciator after activation
within a maximum of fifteen (15) minutes. Audible commercial alarm systems used for
unauthorized entry notification shall be equipped with an automatic shutoff mechanism capable
of terminating the audible annunciator after activation within a maximum of thirty (30)
minutes. An alarm system or portion used for fire detection and notification shall not be
subject to this restriction, since such systems must be manually acknowledged.
B. Maintenance notification. The alarm user, and the alarm business operator or agent
performing maintenance work for an alarm user, shall contact the Police Department
Communication Center (telephone: 336-1411) prior to any service, test, repair, maintenance,
alteration, or installation of an alarm system which might produce a false alarm. Any alarm
activaterl where such prior notice has been given shall not constitute a false alarm
Ordinance No.
Page 5 of 7
C. Power supply. Alarm systems shall be supplied with an uninterruptible power supply in
such a manner that the failure or interruption of normal utility electricity will not activate the alarm
system. The power supply must be capable of at least four hours of operation.
D. Repairs. When any false alarm caused by a malfunction of an alarm system has occurred,
the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm
system annunciator shall be disconnected while repairs are made.
E. Permit number. Every alarm system user whose alarm system is monitored by an alarm
response company shall provide that company with their alarm system permit number, once it is
issued by the Issuing Officer. When such responding company calls the Police Department
Communication Center to report activation of an alarm system it monitors, the permit number shall
be provided to the dispatcher for a log entry.
10.45.100
system with either a
automatically dial a
department.
Direct -dial telephone device. It is unlawful for any person to equip an alarm
direct -dial device or any direct -line equipment which, when activated, will
telephone number in or signal directly any office of the police or fire
10.45.110 Alarm business and alarm agent responsibility. It is unlawful for an alarm
business operator or an alarm agent, or both, to fail to inform their respective alarm system
users of the provisions of this chapter. An alarm business operator may obtain the necessary
permits for the alarm user.
10.45.130 False alarm cost recovery fee. When any emergency alarms, messages,
signals, or notices are received by the Police or Fire Department showing that an alarm user or an
alarm agent or business operator performing maintenance or repair has failed to meet any of the
requirements of this chapter, the Issuing Officer is authorized to demand that the user of that alarm
system disconnect the system until it is made to comply with the requirements of this Chapter
10.45.
B. After April 1, 1998, any person having an alarm system, or any alarm agent or business
operator who maintains an alarm system and fails to notify the Police Communications Center
(telephone 336-4411) in accordance with Section 10.45.080B, which results in a police or fire
response in which the alarm proves to be a false alarm, shall pay the cost recovery fee prescribed in
the Fee Schedule for each false alarm, message or signal in excess of two activations in any twelve
(12) month period. A police response results under this section when the officer or mobile unit
arrives on scene at the protected premise; a fire response results when a fire apparatus has been
dispatched as a result of alarm transmission.
C. Tne Finance Director shall issue a monthly bill for the unpaid fees accrued during any
monthly billing period and any prior periods. Such bill shall be due and payable within thirty (30)
days of the billing date.
Ordinance No.
Page 6of7
D. A late fee of fifteen (15%) percent of the false alarm cost recovery fee shall be added to the
unpaid balance of any assessments required by this section not paid within thirty (30) days of the
billing date.
E. The amount of any false alarm cost recovery fee and late fee assessed pursuant to this
section 10.45.130 shall be deemed a debt to the City, and an action may be commenced in the
name of the City in any court of competent jurisdiction in the amount of the delinquent debt.
Payment of any false alarm cost recovery fees and late charges shall not prohibit criminal
prosecution for the violation of any provisions of this chapter.
10.45.140 Right to discontinue response. The Issuing Officer reserves the right to
discontinue response by fire or police officers to any permitted location based upon a signal
generated by a silent or audible alarm when (1) the alarm user has been given written notice after
being charged six (6) false alarm cost recovery fees within any twelve (12) month period, or (2) the
alarm user has failed to pay any such cost recovery fee assessment. Reinstatement may occur when
the alarm user has taken steps to eliminate or correct the problem(s) and has documented the
corrective action in writing to the Issuing Officer and paid any fe` assessments that are due. This
section shall not be construed or interpreted to authorize a non -response to a telephone call using
the "9-1-1" emergency telephone system.
10.45.160 Appeals. Any alarm user, operator or agent aggrieved by the decision of the
Issuing Officer to suspend or revoke its permit may appeal to the City Manager within ten (10) days
of receipt of notice of the Issuing Officer's decision. The City Manager or designee stall thereupon
set the matter for an administrative hearing within fifteen (15) days before an examiner. The
examiner shall be neutral and unbiased, and may be a member of City staff. The examiner shall
allow the issuing officer and the appellant each to present and examine all relevant evidence. The
formal rules of evidence do not apply, but the examiner shall allow evidence of a nature which
responsible persons are accustomed to rely upon in the conduct of serious affairs to be admissible
upon the issue. The review and written decision of the hearing examiner shall be final and
constitute the exhaustion of administrative remedy. It shall be served upon the permitter and
issuing officer, accompanied by a certificate of mailing, within fifteen (15) days following the
hearing.
10.45.200 Exemptions applicable to other alarm systems. The provisions of this
chapter 10.45 do not apply to the following alarm systems: (a) Alarm systems used by Federal
Deposit Insurance Corporation insured institutions; (b) Alarm systems affixed to automobiles,
boats, boat trailers, irz.lrational vehicles and aircraft; (c) Fire alarm systems installed in a building
or structure pursuant to the Uniform Fire Code (Chapter 15.28) as a condition to the issuance of a
building permit for that building or structure, except that the Finance Director may collect a false
alarm cost recovery fee for each false alarm emanating from that system pursuant to Section
10.45.130B.
Ordinance No.
Page 7 of 7
10.45.2I0 Exemption for governmental entities. The provisions of this chapter do not
apply to public, municipal, county, state and federal agencies.
10.45.220 Confidentiality. The information furnished and secured pursuant to this
chapter shall be confidential in character and shall not be subject to public inspection and shall
be kept so that the contents thereof shall not be known except to persons charged with the
administration of this chapter. No information shall be released to the public regarding
whether or not an alarm system is installed at any particular premises.
PASSED and ADOPTED this day of , 1998.
AI LEST:
Michael R. Da la, City Clerk
APPROVED AS TO FORM:
gat; ze
George H. Eiser, III
City Attorney
f:`shm 1045
George H. Waters, Mayor
NATIONAL CITY CHAMBER OF COMMERCE
I . 711 'A' AVENUE POST OFFICE BOX 1055
NATIONAL CITY, CALIFORNIA 91951-0276
(619) 477-9339
FAY (619) 477-5018
November 6, 1997
Chief Skip DiCerchio
National City Police Department
1200 National Cir✓ Blvd.
National City, CA 919' 0
Dear Chief DiCerchio:
On behalf of the Executive Comm.inee and members of the National City Chamber of
Commerce, I am writing to inibwi you that the Chamber has endorsed the proposed false
alarm reduction plan (ordnance).
At our October Executive Committee, meeting. Officer Manhe'.v O'Dean of the National
City Neighborhood Policing Team informed the Board of the problems associated with
responding to false alarms. Based on the merits of This proposed plan, the Board took a
vote in support of the ordina^_ce_ The vote was unanimous.
Tne C'tar^ber appreciates the opporr:mr✓ of being informed and conferred with when
policies are being proposed to the City Council that may impact businesses. In rhic case.
we find that the false alarm ordinance is in the best interest for business and public safety.
Should the ordinance pass, please inform the Chamber office so that we may inform our
members.
Sincerely.
Steve South
President
At -to -clan -ant 1
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General Bead
Louise Martin
Paradise Valley Hospital
Sweetwater High School
Niederfranks Ice cream
Radisson/ Holiday Inn
The Printi_^_c Company
CDC/ Dave Sheldon
DE Van Conversions
Prepared by:
Officer Matthew Q' Dea ne #343
Neighborhood Policing Team
2801 E 8th St
317 National City E_7d
Chamber of Commerce/crime _revention
2400 E 4th St
2900 Highland Avenue
726 A Avenue
801 National City Blvd.
2530 Southport Way
140 E. 12th Street
333 Civic Center Drive
Pace 4 of 4
National City Police Department
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9) The proposed fee for a business alarm per -it is $40.00
for a two year petit, do you feel this fee is:
2
A) Acceptable
B) Excessive
C) A fair aacua.t compared to other recuired fees
D) Not fair, the amcu=t should be $
10) Hew would you deal with the zrcblem (More tram one
response is pe_ fitted).
A) Et'-"-=c an crdittarice, S=vi^c fi_,es to violators.
B) Edueaticu of h simesses and their er^it cyees
C) Mere alarms ccmca=y i_rcivehent
D) Other,
Additional notes
c= e=ts:
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1
_ National City Police Department
�---; Neighborhood
PolicingTeam
False Alarm Reduction Plan
Project Officer
Officer Matthew O'Deane
Attac2.7ent 3
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Total Revenue/Savings
Net RevenueiSavings
National City False Alarm Reduction Plan
Cast and Revenue/Savings Comparison
!CCC❑ 2COCO 3CCCC 4CCOO 5OCCO 'oOCOO CCCO 9CCCO
Collars
Precarec .NCPC Cnrne Analysis Um;
5f7''9T
Sc _r_e Nar.crai raise .Aram Pecuncn P'an
N P-A L=RM XLS
1996
Alarm CFS
as a Percentage of
Total National City Calls for Service
Alarm CFS
Total CFS
or.4.°S
1996 Comparison of National City
Valid and False Alarm Calls for Service
Valid
2%
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Pl.eare Mail Application To:
National C;ty Pciicc Cepartment
Attn: Alarm Coorcinatcr
1200 National City 3culevard
Naticnai C;ty, CA 9199t7
(6 i 9) Z6- CCC<
City of National City
Police Department
Permitm
Date Issued:
Amount Paid
New
Renew
Cling
City of NatIonal City Alarm: Subscr;Cer Permit ApcllcatfCrl - Business 54Q
1. Business Name:
2. Phone Number at Alarmed Location:
3. Address of Alarmed Location:
4. Mailing Address:
Attu:
City, State, Z:p
Phone*
5. City of National City Business L:canse Number
5. Business Cwner:
Mailing Address:
A.in:
C:y, State, Z:p
=hone=
7. Normal Business Hours: Ccen
C:cse Gays Ccen.
S. Who should be contacted in the event of an alarm:
Name
Relationship Gay Phone Nicht Phone
A.
9. Type of Alarm (Circle):
Surgiary:
Audible
Silent
Hold-up
Armed Rceberr
Audible
Silent
Panic:
Audible
Silent
10. Who Owns the Alarm Equipment: Alarm
Subscriber
Cther - (please explain below)
Cther Explanation:
11. are of Alarm Instillation:
12. Date of Las Alarm Inspection:
13. Co you have more Ulan one alarm system at :his address: Yes
No
If yes. please ;i5 eacn system t eicw and de. cute the area :t rvers (such as 7ffiC5. warehouse, etc) and Permit :
System 42:
S ystern
14. Dogs, Hazards, Special Commerrts Regarding Premises:
15. Name of Alarm Company:
Mailing Address: I Attn:
c:ty, sate, L•p
Phone#
16_ Name of Monitoring Company:
Mailing Address:
Ate:
City, State, Zip
Phone#
17. Do you have a Security Guard checking your premises: Yes
(
I No
tf yes, Name of Guard Company:
Days and Hours premises checked:
Do they have keys to premises: Yes
I No
24 Hour Phone Number
Signature: I Date:
P•wrve _ry Yo^_ .,rn.. rn rm Cna
Business - Page Z
Please Mali Application To:
National City Paiice Ceparment
Attn: Alarm Czcrcinatcr
1200 National C:ty ?oulevart
National City, CA 91950
(e l 9) De -;::CC:
City of National City
Police Department
Permit:*
Date Issued:
Amount PaidS
New
Renew
C:tng
City cr Naticnai City Alarm Sucscr ;cer Permit ?.cclica ticn - Residential $20
1. Subscriber Name:
Z. Phone Number at Alarmed Location:
Z. Address of Alarmed Location:
4. Mailing Address:
Attn:
City, State, Zip
I Phone:
5. Residence Cwner:
Mailing Address:
I Arm:
C:ry, State, Zip
Phone=
E. Who should be contacted in the event of an alarm:
Name
elations:li❑
Cav ?hone Nicht ?hone
7. Type of Alarm (C:rcie):
Audible Silent ( Perimeter Interior
Motion Duress
8. Who Cwns the Alarm Equipment:
Alarm Ca
$ubsc:'.ber
Cther-(please explain below)!
Cther Etplanation:
9. Date of Alarm !nstailation:
10. Date of Last Alarm lnspec ion:
11. Do you have more than one alarm system at this address:
vac
Na
If yes. please list each system beicw and descnte :he area t covers (such as guest house. etc; and Permit r:
System #Z:
System
System ; :
12. Dogs, Hazards, Special Comments Regarding Premises:
12. Name of Alarm Company:
Mailing Address:
Atm:
C:-ty, State, Lp I Phone4
14. Name of Monitoring Company:
Mailing Address: I Attn:
C''ty, State, Lp
Phone#
15. Co you have a Security Guard checking your premises: Yes
Nc
If yes, Name of Guard Company:
Days and Hours premises checked:
Co they have keys to premises: Yes
Na
24 Hour Phone Number.
16_ Resident Subscriber Over SS Years of Age (exempt from Permit fee) Yes
INoI
Date of
3irth:
17. Resident Subscriber is Disabled (exempt from Permit fee) Yes
No
If Yes, please attach
documentation
Signature:
I Cate
11CC-G 4 �'^ :1:1. StWVt 1.:t1T
Residential - Page 2
SL'. R MRRi�H
Mayor George Waters
National City Council
1243 National City Blvd.
National City, CA 91950
Dear Mayor and Council:
ITEM #8
WRITTEN COMMUNIC
2/17/98
February 11, 1998
Sub: Christmas in July
Five House Subdivision
This project started approximately one and a half years ago at the
north-east corner of Sixteenth Street and Harbison Avenue. At the
time of securing the various approvals, we noticed and expressed
verbal concern regarding one of the subdivision provisions. That
provision was number (19), and reads, "A11 new utility distribution
facilities within the boundaries of the subdivision and within the
half street abutting the subdivision shall be placed underground."
Since there was a question as to whether the term (distribution
facilities) referred to major electrical items such as transformers
and poles, rather than just single-family service drops, we didn't
pursue the issue. However, since completion is now near, we need
to request a waiver of provision number 19 or receive an
interpretation that would serve the same purpose.
Justification for allowing regular service drops is as follows:
1. SDG&E advises that they have no plans for undergrounding the
Primary and Secondary Transmission Lines in this area.
2. All lines throughout this residential neighborhood are
overhead, dropping down to appropriate weather -heads.
3. This is an in -fill subdivision with no interior streets or
rights -of -way requiring underground distribution facilities,
according to SDG&E Project Planner Lillian Kukulj. Due to
neighborhood construction patterns, no noticeable
environmental or visual disturbance will occur.
We look forward to your review and approval of this request.
Sincerely,
David Nagy, President
711 "A" Avenue, National City, CA 91950-0276, (619) 477-9339
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 17, 1998
% ITEM TITLE PROJECT AREA COMMITTEE VACANCY
PREPARED BY
EXPLANATION,
Paul Desrochers,
Executive Director
9
AGENDA ITEM NO
DEPARTMENT
CDC
The Project Area Committee (PAC) is mandated by State law to
monitor redevelopment programs. The members were originally
elected by residents and business persons from the redevelopment
project area. The By -Laws provide that vacancies are filled by a
recommendation of the PAC to the City Council.
At the February 5, 1998 PAC meeting, Ms. Louise Branch was
unanimously recommended for membership in the Business Owner/Tenant
category. Ms. Branch is the owner of a stained glass art shop at
9th Street and "A" Avenue. She is interested in the redevelopment
of the Downtown area, a copy of her letter of interest is provided
as an attachment.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
Accept recommendation of PAC by placing Ms. Louise Branch on the
PAC and file report.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
1. Letter
A.200 (Rev. c/801
A-7CC-PHF17
7sz
g
&A-42,4-1-/../-4_, � �t 9c 7 Q / Q ern/
�crQ.
a-L. s �n� ., ,tip / ' Q s L-i--- -
.dL4L t C__ .�(�i�L 2.: ; may/.L ,/ ) JGT.-, CGL �r/ 2c yG 772-4-si c7
/e-z&7-7rs/_ dli�. t-Qiir1/. _4 %yLiLrp._!� R, �f�iyGG�' .
CliYl'li-fiiaz. cG• Li/L.• 4--°a e-yy�GlZ ECG '%12�i`// C -1 L-.
74
e-- e.s ',zd_e- emu: :,_,.e_.•
..rest.. ...,_,z� 7,e.- '-yid.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 17, 1998
10
AGENDA ITEM NO
MUNITY BUILDING BY COUNTY HEALTH ON ONE MONDAY EVENING PER MONTH
THROUGH JUNE 1998 ON A CONTINUOUS BASIS, AND WAIVER OF FEES. FIRST USE WOULD
BE 23 FEBRUARY
PREPARED BY C.R. Williams, Jr. DEPARTMENT Public Works
EXPLANATION.
By the attached letter, the COUNTY OF SAN DIEGO MENTAL HEALTH SERVICES is requesting use of
the South Meeting Room of the Community Building every fourth Monday from 6 PM to 8 PM on a
continuing basis, from 23 February through 22 June. Their current meeting location is not available until
July. Waiver of fees is also requested.
The purpose of the meeting is included in the letter.
Costs:
Hall Rental: $ 46.00
Custodial: 44.68
$ 90.68 per meeting
TOTAL: $5449$ for 6 meetings
Environmental Review X N/A
Financial Statement
If use and fee waiver is approved, a loss of $544.08 to the General Fund will occur.
N/A
Account No.
STAFF RECOMMENDATIO
Uounci guidance is requested.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
County Mental Health letter of 26 January 1998.
A-200 (Re., 9/80!
ROBERT K. ROSS, M. D.
DIRECTOR
JEAN SHEPARD
ASSISTANT DIRECTOR
East County Mental Health Clinic
833 Broadway
El Cajon, CA 92021
(619) 441-6550
January 26, 1998
(I:auxn# Di ,an
DEPARTMENT OF HEALTH SERVICES
MENTAL HEALTH SERVICES
City of National City
City Manager's Office
Mr. Tom McCabe
1243 National City Boulevard
National City, CA 91950
RE: Hall Room Request
Dear Mr. McCabe:
Pursuant to my phone conversation with Lavonne last week, this letter is to respectfully
request the use of a Hall Room at the National City Parks and Recreation Building.
Use of the room is for our Spanish -Speaking Support Group for South County families
who have a family member diagnosed with a major and persistent mental illness. The
purpose of these groups is to provide education and support relative to the course of illness,
medications, and service providers in the management of this very difficult situation for the
families. These groups are the only one of this kind in Southern California and have been
successfully provided by me for over twelve years. The National City Public Library, our
usual venue for all those years, is having to deny us the use of their conference room because
of a major State project for which they need the space. There is no word on when the room
may be available again.
Our group meets every fourth Monday of the Month, except for holidays, when we
meet on the third Monday. May is usually the only month in which we meet on the
third Monday due to the Memorial Day holiday; there are no meetings in June or
December. The groups are from 6:00 to 8:00 p.m. There are typically from 15 to 20
family members in our groups.
"Prevention Comes First"
Mr. Tom McCabe
Hall Room Request
January 26, 1998
Page 2 of 2
These groups provide a vital service to a high -risk, underserved population, predominantly
Spanish-speaking, for whom no other group of this type exists. We respectfully request that
you allow us to continue this free community service to a group with such a high need.
Thank you in advance for your consideration.
Luz M. Fernandez, M.B.A., L.C.S.
Mental Health Program Manager
Support Group Facilitator
lmf
MEETING DATE
ITEM TITLE
City of National City, California
COUNCIL AGENDA STATEMENT
February 17, 1998 AGENDA ITEM NO. 11
TEMPORARY USE PERMIT - CALIFORMULA BROADCASTING / Z-90, X99, AND
RADIO LATINA
PREPARED BY DEPARTMENT
Michael Bouse, Director
EXPLANATION_
Thisis a request from Califormula Broadcasting, Radio Stations Z-90, X99 and Radio Latina to hold an
organized Easter Egg Hunt, in Kimball Park, for children ages 3-10 years old. This event will take place
on Saturday, April 4, from 9:00 a.m. to 3:00 p.m. This event is free and open to the public and will
provide an opportunity for children in the community to win prizes.
Building and Safety
Environmental Review X N/A
Financial Statement
The City has incurred $345.00 in costs in processing the T.U.P. Application through various City depart-
ments.
Account No. N/A
STAFF RECOMMENDATION
Approve the Application For A Temporary Use Permit subject to compliance with all conditions of
approval.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
Application For A Temporary Use Permit with recommended approvals and/or stipulations.
A200-1. DOC
A-200 (Rev 9/801
7. Will the proceeds provide a direct financial benefit to an organization which has
been the direct recipient of City of Community Development Block Grant (CDBG)
funding?
YES (If YES, please provide explanation and details in space provided
below)
NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Building & Safety Department)
If YES, please state the year the City of Community Develop Block Grant
(CDBG) funds were received and how those funds were used:
Year funds were received.
Funds were used to
62.
utiT AURE
3
DATE
City of National City
Building & Safety Department
1243 National City Boulevard
National City, CA. 91950
TEMPORARY USE PERMIT FEE WAIVER REQUEST
SUPPLEMENTAL QUESTIONNAIRE
City Council Policy No. 704 contains the criteria for granting waivers of T.U.P.
processing fees by the City Council. This Supplemental Questionnaire will be used to
evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a
fee waiver. Accordingly, please answer all questions fully and completely.
City Council Policy No. 704
The City Council shall waive T.U.P. processing fees only in the case of anon -profit
organization, and when such organization can demonstrate that the event for which the
T.U.P. is requested will not generate any income to the organization, or that the net
proceeds of the event for which the T.U.P. is requested result in:
1. direct financial benefit to an individual who resides or is employed
in the city, and who is in dire financial need due to health reasons
or a death in the family; or
2. direct financial benefit to city government such as the generation of
sales tax; or
3. direct financial benefit to a service club, social services agency, or
other secular non-profit organization located within the city such as
Kiwanis, Rotary, Lions, Boys and Girls Club; or
4. direct financial benefit to an organization which has been the direct
recipient of City or Community Development Block Grant (CDBG)
funding.
PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING:
1. Is the event for which the T.U.P. is sought sponsored by a non-profit
organization?
YES (If YES, please proceed to Question No. 4)
xux NO (If NO, please sign the bottom of this form and submit this
form with the T.U.P. Application to the Building & Safety
Department)
2. If the answer to Question No. 1 was YES, please state the name and type of
organization sponsoring the event for which the T.U.P. is sought and then proceed
to Question No. 3.
Name of Sponsoring Organization
Type of Organization (Service Club,
Church, Social Service
Agency, etc.)
3. Will the event generate net income or proceeds to the sponsoring organization?
YES (If YES, please proceed to Question No. 4)
NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Building & Safety Department)
CITY OF NATIONAL CITY
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION ACREEMINT
Persons requesting use of City property, facilities or personnel are
required to provide a minimum of $1,000,000 combined single limit
insurance for bodily inJury and property damage which includes the
City, its officials, agents and employees named as additional insured
and to sign the Hold Harmless Agreement. Certificate of insurance
must be attached to this permit.
Organization
CALIFORMULA BROADCASTING
Person in charge of activity
MAGGIE ARAIZA
Add: e_: 1229 THIRD AVENUE, SUITE "C", CHULA VISTA, CA
City facilities and/or property requested
Date(s) of use
APRIL 4, 1998
Telephone (619) 498-3383
KIMBALL PARK
HOLD HARMLESS AGREEMENT
The undersigned hereby agree(s) to hold the City of National City and
the Parking Authority of the City of National City harmless and
indemnify the City'of National City and the Parking Authority of the
City of National City from and against all claims, demands, costa,
losses, damages, injuries, litigation and liability arising out of or
related to the use of public property by permitter or permittee's
agents, employees or contractors.
Signature of Applicant
Certificate of Insurance approved
198712
PROMOTIONS COORDINATOR 1/15/98
Official Title Date
L/7 FM
January 22, 1998
City of National City
Building & Safety Department
1243 National City Blvd.
National City, CA 92050-4397
Alp 1013 IX
To Whom It May Concern,
Enclosed you will find the Temporary Use Permit required for an event that
Califormula Broadcasting is planning:
Z-90, X99 and Radio Latina radio stations, would like to present a free Easter Egg
Hunt event at Kimball Park for the children of our community.
This Easter Egg Hunt will take place Saturday, April 4, 1998, from 11:00 a.m. to
1:00 p.m. This event will be open to the public and will provide an opportunity
for children to win prizes and participate in organized egg hunts.
In the past, Z90, X99 & Radio Latina, have had a good relationship with the City
of National City producing premiere events for San Diego's Hispanic
Community.
Enclosed you will also find a sample of written notification to occupants of
property adjacent to Kimball Park for your approval. This notification, if
approved will be sent out in flyer format.
The events that we have done in this park in the past have always been very well
received and we have established a history of working well with all city
departments involved.
We look forward to working once again with the City of National City.
Sincerely,
aggie Arai
Promotions Coordinator
X99/Radio Latina
CAUFORMULA
Bragcras/ng
1229 Third Ave. • Chula Vista, Ca. 91911 • Tel. (619) 585-9090 • Fax (619) 426-3690
TUP-Califormula, Z90, Radio Latina
Easter Egg Hunt Page 2
SPECIFIC STIP/COMMENTSULATIONS: (Continued)
COMMUNITY DEVELOPMENT
1. Direct speakers away from Morgan and Kimball Towers --preferably South/West.
FINANCE
1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise
is sold. Each separate vendor must have a separate business license.
2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or
organizations are registered not -for -profit there will not be a charge for their business license.
3. A list of all participating vendors (with their address, phone number and current National City business
license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior
to the event for verification of business license number.
PUBLIC WORKS
1. No support by Public Works forces required.
TUP-APPRVI.000
ro-)99FM
THE CALIFORMULA RADIO GROUP, XHTZ-Z-90,
XHKY-X99 AND XLTN-RADIO LATINA IS
PLANNING A FREE PUBLIC INVOLVEMENT,
FAMILY ORIENTED, EASTER EGG HUNT
PROMOTION, AT KIMBALL PARK IN NATIONAL
CITY SATURDAY, APRIL 4, 1998 FROM 11:00 A.M.
TO 1:00 P.M.
IF YOU HAVE ANY QUESTIONS PLEASE CALL
MAGGIE, PROMOTIONS COORDINATOR AT (619)
585-9090.
CALIFORMULA
1229 Third Ave. • Chula Vista, Ca. 91911 • Tel. (619) 585-9090 • Fax (619) 426-3690
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND/OR STIPULATIONS
SPONSORING ORGANIZATION: Califormula Broadcasting / Z-90, X99 & Radio Latina
LOCATION OF ACTION: Kimball Park
DATE OF ACTIVITY: Saturday, April 4, 1998
TIME: 9:00 a.m. to 3:00 p.m.
CONTACT PERSON ON DAY OF EVENT: Maggie Araiza, Promotions Coordinator
APPROVALS:
PLANNING YES [ x ] -NO [ ] SEE STIP/COMMENTS [ ]
FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ]
PUBLIC WORKS YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
POLICE YES [ x ] NO [ ] SEE STIP/COMMENTS [ ]
PARKS & REC. YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
ENGINEERING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ]
CITY ATTORNEY YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
RISK MANAGER YES [ x ] NO [ ] SEE STIP/COMMENTS [ x j
COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
SPECIFIC STIPULATIONS/COMMENTS:
FIRE
1. Fire Depaitutent access to be maintained at all times.
2. If canopies or tents are to be used they shall be of flame-retardant material. Fire Department permit will be
required at a fee of sixty five dollars ($65.00).
3. If there is to be any cooking, canopies or tents then 2A:10BC fire extinguishers will be required. To be
placed with a travel distance not to exceed 75 feet. One 2A:10BC fire extinguisher for each canopy and tent
with a area of 200 square feet.
PARKS
1. Area will be reserved for the Easter Egg Hunt. No City involvement or overtime will be necessary.
CITY ATTORNEY
1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with
the City and its officials, employees, agents and volunteers as additional insureds, with amount of coverage
to be determined by the Risk Manger.
RISK MANAGER
1. Provide minimum limits of one million dollars per occurrence of general liability insurance. including
product liability coverage.
2. Name the City of National City, its officials, employees. agents and volunteers as additional insureds on all
policies.
3. Execute standard hold harmless. (Done)
TCP.\R
DOC
PLEASE COMPLETE (PnntorType)
NAME OF APPLICANT: MAGGIE ARAIZA, PROMOTIONS COORDINATOR
ADDRESS: 1229 THIRD AVENUE, SUiTt. "C" CHULA VISTA CA 91911
SIGNATURE OF APPLICANT:
PHONE.(619) 498-3383
DATE.
� a i //9 cr
i
(THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR)
(FOR OFFICE USE ONLY)
PERMIT FEES: $345 (Paid) PERMIT NO.:
USE GROUP:
A USE CLASS: A
BOND: N/A PERMIT EXPIRATION DATE:
SPECIFr TIP_ I ATIONS / COMMENTS:
(SEE ATTACHED)
(DATE APPUCATION RECEIVED)
BUILDING AND SAFETY DEPT.
RECEIVED
JAN 2 6 1998
NATIONAL CITY, CALIF.
APPROVALS / STIPULATIONS (Check Where Applicable):
PLANNING YES [ ] NO [ ] SEE STIP [ ]
Initial Date
FIRE YES [ ] NO [ ] SEE STIP [ ]
mfial Date
PUBLIC WORKS YES [ ] NO [ ] SEE STIP [
nNa Date
FINANCE YES [ ] NO [ ] SEE STIP [ ]
n�al Date
POLICE YES [ ] NO [ ] SEE STIP [ ]
Ininal Date
PARKS & REC. YES [ ] NO [ ] SEE STIP [ ]
Uutial Date
ENGINEERING YES [ ] NO [ ] SEE STIP [ ]
that Date
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ]
p at Date
RISK MANAGER YES [ ] NO [ ] SEE STIP [ ]
Haut Date
COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ]
Intual Date
OTHER YES [ ] NO [ ] SEE STIP ( ]
nmai Date
CITY COUNCIL MEETING DATE: February 17, 1998 at 3:00 p.m.
TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ]
PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ]
COMMENTS:
MICHAEL ROUSE. BUILDING & SAFETY DIRECTOR DATE
001-3585-13000
CITY OF NATIONAL CITY
BUILDING & SAFETY
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
APPLICATION FOR A TEMPORARY USE PERMIT
APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL
CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW.
Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective
management of specific list of temporary land uses have exceptional characteristics requiring their review and
limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section
15.660.045.
Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the
commencement of the activity/event.
Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less
than six (6) month prior to the requested activity/event.
PLEASE COMPLETE (Print or Type):
SPONSORING ORGANIZATION(s): rAr,TFnprvIIirn nPOz1DC3c' r/7 QQ )(
ORGANIZATION ADDRESS: 1229 THIRD AVFNIJE. SUTTF "C'
& RADIO LATIAD
HULA VISTA CALIFORNIA 91911 PHONE: (619) 585-9090
City state Zip
LOCATION OF EVENT: KIMRALL PARK
DATE REQUESTED FOR EVENT: FROM 4/4/98 TO 4/4/98
HOURS OF USE ON DAY OF EVENT: FROM 9:00 A.M.
A.M./P.M. TO
3:00 P.M.
A.M./P.M.
(SETUP DATE/TIME) DATE 4/4/98 TIME 9-00 A.M. /P.M.
(TEAR DOWN DATE/TIME) DATE 4/4/98 TIME 3.00 A.M./P.M.
BRIEF DESCRIPTION OF EVENT: FREE PUBLIC ENVOLVENENT, FAMILY ORIEt11'ED, EASPER
EGG HUNT PROMOTION
(A brief summary of the event/activity may be attached to the application)
NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT:
MAGGIE ARAIZA, PROMOTIONS COORDINATOR
HOW MAY THIS PERSON BE CONTACTED? (619) 498-3383 WORK PPONR
SPECIFIC USE REQUEST: EASTER EGG AUNT
JUSTIFICATION: COMMUNITY EVENT
REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES [ ] NO [ X ]
(Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event
requiring a T.U.P. This prohibition will not impact the existing policy regarding the sale or consumption of ai: ohol within buildings
in the parks. such as the Community Center, which will continue to be subject to the approval of the City Cc .ncil.)
WAIVER OF FEES REQUESTED: YES [ ] NO [ X l
(If "YES"complete attached supplemental questionnaire form)
FACILITIES. (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING.
NOISE. CROWD. TRAFFIC CONTROL: PROVIDED BY APPLICANT
SECURITY CONTROL: PROVTTFn RY APDT,TCANT
PARKING/BARRICADES. EXISTING
EXTERIOR LIGHTING/EL ECTRICv,�?
TRASH DISPCSAL'SITE CLEAN-UP AFTER EVENT. PROVIDED BY APPLICANT
SANI ARY FACILITIES E'iCISTIVG
ITEM #12
NOT A PUBLIC RECORD
CIosed Session Report
'Date of Closed Session:
January 20 19 98
Purpose:
❑ §54956.7 License/Permit Determination
O §54956.8 Real Property Negotiations
O §54956.9 Pending Litigation
❑ §54957.6 Labor Negotiations
❑ §54957 Threat; Employee Appointment
Evaluation, Discipline
UNTIL THE INFORMATION Cf THIS BOX IS
COMPLETED, SIGNED BY AN AUTHORIZED
R.EPRESENTATNE OF THE CITY ATTORNNEY'S
OFFICE
Release Authoriz 4:
By:
February 6 zo: 98
air
Tide:
George H. Eiser, III
City Attorney
Subject Matter of Session: Wes Briseno — Claim for Damages
•
Property Identification (if applicable): N/A
Name of Cate and Court Number (if applicable): N/A
Act.on(s) taken or directions given: Authorized payment
settlement of claim.
of $21,535.93 in full
Council Members and Their Votes:
Name:
Aye
No
Abstain
Absent
Mayor Waters
X
Vice Mayor Inzunza
X
Councilman Beaucharr.p
X
Councilman Morrison
X
Councilwoman Zaratel
X
Voting Tally
Non -Disclosure of action taken recommended (check if yes) ❑
Legal Justification (if yes) (see §5 *957.1):
❑ Disclosure would interfere with service of process
❑ Disclosure would impair ability to settle
❑ Negotiations not complete/final agreement not approved
❑ Employee dismissal/administrative remedies not exhausted
Explanation:
t
If sbset bec_:sc :-s:cusift:cd by ,,-350n of
conflict of ir�e:S
.� If absent far .=sons acne- uzen disqualified
by reason of .onific: of intrxr. r.
Approved:
George Eiser, City Attorney, City of National City
Dazed: February 6, 1998