HomeMy WebLinkAbout1999 08-24 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, AUGUST 24, 1999 - 6:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 17,
1999.
COUNCIL AGENDA
8/24/99 Page 2
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
1. Resolution No. 99-125
Resolution of the City Council of the City of National City scheduling a Public
Hearing to consider changing the name of "Bay Marina Way" to "Bay Marina
Drive" (Building & Safety)
2. Resolution No. 99-126
Resolution of the City Council of the City of National City declaring a portion of
land, A.P.N. 558-230-21, located on Euclid Avenue between 18th and 20th
Street, to be surplus and directing the City Engineer to dispose of the remnant
parcel by conveying said parcel to the adjacent property owner, Charles W.
Hostler, Jr. (2407 East 19th Street, A.P.N. 558-230-03) (Engineering)
3. Resolution No. 99-127
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Amendment to the Agreement between the City of National City
and American Medical Response formerly Hartson Medical Services (Med-
Trans) for basic and advanced life support services. (Fire)
4. WARRANT REGISTER #07 (Finance)
Ratification of Demands in the amount of $231,886.70.
COUNCIL AGENDA
8/24/99 Page 3
CONSENT CALENDAR (Cont.)
5. Claim for Damages: Gerardo Gutierrez, Aaron Gutierrez, Israel Gutierrez,
Victor Rivera and Lesley Sandal. (City Clerk)
NON CONSENT RESOLUTIONS
6. Resolution No. 99-128
Resolution of the City Council of the City of National City authorizing the Mayor
to enter into an Agreement with Heritage Security Services to provide park
security services. (Parks & Recreation)
7. Resolution No. 99-129
Resolution of the City Council of the City of National City opposing the
abandonment of the Coronado Branch Line of the San Diego and Arizona
Eastern Railway. (City Attorney)
ORDINANCES FOR INTRODUCTION
8. An Ordinance of the City Council of the City of National City amending Title 7,
Chapter 7.10, Chapter 7.20 and Chapter 7.32 of the National City Municipal
Code, regulating garbage and rubbish containers, outdoor activities and
enforcement. (Planning)
9. An Ordinance of the City Council of the City of National City amending the
National City Municipal Code by amending Title 6 by repealing Chapters 6.46,
6.48 and 6.56 regarding business licenses and regulations; amending Title 7,
Chapters 7.20 and 7.28 regarding property conservation and community
appearance; amending Title 9, Chapter 9.06 regarding food vending vehicles;
amending Title 10, Chapter 10.22 regarding public peace, morals and safety;
and Title 11, Chapter 11.32 regarding vehicles and traffic. (City Attorney)
COUNCIL AGENDA
8/24/99 Page 4
NEW BUSINESS
-* CITY MANAGER
- CITY ATTORNEY
-* OTHER STAFF
- > MAYOR
- CITY COUNCIL
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
COUNCIL AGENDA
8/24/99 Page 5
NEW BUSINESS (Cont.)
ADJOURNMENT
Next Regular City Council Meeting - September 7, 1999 at 3:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
City of National City, California
COUNCIL AGENDA STATEMENT
August 24, 1999
MEETING DATE
1
AGENDA ITEM NO.
i-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
SETTING THE DATE, TIME AND PLACE OF A PUBLIC HEARING TO CONSIDER
CHANGING THE NAME OF "BAY MARINA WAY" TO "BAY MARINA DRIVE."
PREPARED BY Kathleen Trees, Acting Director
DEPARTMENT
Building and Safety
EXPLANATION
On September 15, 1998 the City Council passed a resolution changing the name of 24th
Street between Interstate 5 and the bay to Bay Marina Way. This change becomes
effective on July 10, 2000, the date the area code for National City changes. At the May
18, 1999 Community Development Commission meeting the CDC voted to change the
name of Bay Marina Way to Bay Marina Drive.
The Street Name Change Administrative Procedures (Attachment A) require that the City
Council conduct a Public Hearing after the property owners and tenants along the
affected area of the street are properly noticed. If a Public Hearing is not conducted the
name of the street would remain Bay Marina Way. Attachment B is a list of all the
affected property owners. Attachment C is a map of the affected parcels.
The recommended date of the Public Hearing is September 14,1999 at 6 p.m. This date
will allow sufficient time to notice the owners and tenants per the administrative
procedures.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt the Resolution setting the date, time and place of the Public Hearing.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below )
Resolution
Street Name Change Administrative Procedures (Attachment A)
List of affected property owners (Attachment B)
Map of the affected parcels (Attachment C)
Resolution No. 99-125
A-200 (9/80)
RESOLUTION NO.99-125
RESOLUTION OF 1'H.E CITY COUNCIL OF IRE
CITY OF NATIONAL CITY SCHEDULING A PUBLIC
HEARING TO CONSIDER CHANGING filE NAME OF
"BAY MARINA WAY" TO "BAY MARINA DRIVE"
WHEREAS, on September 15, 1998, the City Council passed Resolution No. 98-112
to change the name of 24t Street between Interstate 5 and the bay to "Bay Marina Way" effective on
July 10, 2000, the date that the area code for National City changes; and
WHEREAS, at its regular meeting on May 18, 1999, the Community Development
Commission of the City of National City voted to change the name of "Bay Marina Way" to "Bay
Marina Drive"; and
WHEREAS, the Administrative Procedures for changing the name of a street require
that the City Council conduct a public hearing once the property owners and tenants along the affected
area of the street are properly notified; and
WHEREAS, staff recommends holding the Public Hearing on September 14, 1999.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the City Council hereby schedules a public hearing for September 14, 1999, on or after the
hour of 6:00 p.m., at the Civic Center, 1243 National City Boulevard, National City, California to
consider changing the name of "Bay Marina Way" to "Bay Marina Drive".
PASSED and ADOPTED this 24th day of August, 1999.
George H. Waters, Mayor
AYI'.EST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/ GeorgeH. Eiser, HI
City Attorney
City of National City
Building and Safety Department
1243 National City Blvd., National City, CA 91950-4397
(619) 336-4210 Fax (619) 336-4376
DATE: June 4, 1998
TO: Mayor and City Council
FROM: Michael Bouse, Building & Safety Director/
SUBJECT: Street Name Change Administrative Procedures
The following are the administrative procedures for changing the name of a street:
Step 1: City Council sets a date and time for a public hearing on the proposal,
with sufficient lead time to allow the completion of Steps 2 and 3
(typically 20 to 30 days in advance).
Step 2: Building.& Safety sends a Notice of Public Hearing to all owners and
tenants along the affected street at least 10 days before date of hearing.
Step 3: Public Works posts a copy of the Notice of Public Hearing on each side of
the street at mile intervals, but not less than 3 notices on each side.
Step 4: City Council conducts public hearing and, if desired, adopts a resolution
with a recommended 60-day lead effective date.
Step 5: City Clerk sends a copy of the resolution to the Board of Supervisors,
County Surveyor, County Clerk, and County Assessor.
Step 6: Building & Safety sends a copy of resolution to all owners, tenants and
agencies that normally receive a "change of address" notification (i.e.
Sweetwater Authority, SDG&E, NCPD, NCFD, U.S. Postal Service,
MLAC Manager (in charge of 911 calls), City Planning, Building &
Safety, and Engineering Departments.)
Step 7: New street name signs are installed by the appropriate agencies.
Attached is a list of owners of property adjacent to 24th Street that would receive notice
of the proposed street name change pursuant to Step 2 above.
ATTACHMENT A
24th STREET NAME CHANGE
PROPERTY OWNER NOTIFICATION ROSTER
(INTERSTATE 5 TO TERMINAL AVENUE)
Assessor's Parcel Owner of Record
Number
559-117-07 National City Community Development Comm
(835 W. 24th St., National City, CA 91950)
559-117-09 Burton D & Carol A Beaty Revocable Trust
(840 W 24th St., National City, CA 91950)
559-117-10 San Diego & Arizona Eastern Railway Co.
(do San Diego Metropolitan Transit Development Board,
Attn: Mr. Jack Limber, 1255 Imperial Ave., Suite 1000,
San Diego, CA 92101)
559-117-14 Cleveland Associates
(2501 Cleveland Ave., National City, CA 91950)
559-117-15 Cleveland Associates
(Same as previous)
559-117-16 City of National City
(1243 National City Blvd, National City, CA 91950)
559-117-17 San Diego & Arizona Eastern Railway Co.
(Same as previous)
559-118-02 Ace Metal Recycling Co., Inc.
(720 W 23`1 St., National City, CA 91950)
559-160-13 WDP National City Associates
(3870 Murphy Canyon Rd. #300 , San Diego, CA 52123)
559-160-14 Burlington Northern Santa Fe Railway Co
(P.O. Box 961057, Fort Worth, TX 76161)
559-160-15 United States of America
(do Carlsbad Fish & Wildlife Office, 2730 Loker Ave.
West, Carlsbad, CA 92008
559-160-21 Cleveland Associates
(Same as previous)
ATTACHMENT B
24`" STREET NAME CHANGE
PROPERTY OWNER NOTIFICATION ROSTER
(INTERSTATE 5 TO TERMINAL AVENUE, CONTINUED)
Assessor's Parcel Owner of Record
Number
559-190-24
559-190-25
559-190-29
760-045-39
760-045-43
760-044-16
760-044-40
760-044-41
Southern Pacific Transportation Co.
(P.O. Box 2500, Broomfield, CO 80038)
Southern Pacific Transportation Co.
(Same as previous)
San Diego & Arizona Eastern Railway Co.
(Same as previous)
Dixieline Lumber Co.
(3250 Sports Arena Blvd., San Diego, CA 92110)
The Pasha Group
(5725 Paradise Dr. #600, Corte Madera, CA 94925)
Pepper Oil Company
(2300 Tidelands Ave., National City, CA 91950)
Dolphin Industries, Inc.
(P.O. Box 2867, National City, CA 91950)
Knight & Carver Custom Yachts, Inc.
(1313 W. 24th St., National City, CA 91950)
ATTACHMENT B
19 th STREET
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261h STREET
28111 STREET
ii
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 24, 1999
AGENDA ITEM NO. 2
(ITEM TITLE RESOLUTION TO CONVEY AND RECORD A PORTION OF LAND, A.P.N
558-230-21, LOCATED ON EUCLID AVENUE BETWEEN 18TH STREET AND 20TH STREET,
TO THE ADJACENT PROPERTY OWNER, CHARLES W. HOSTLER, JR. (2407 E. 19TH
STREET, A.P.N. 558-230-03)
PREPARED BY Adam J. Landa DEPARTMENT Engineering
EXPLANATION
This Resolution is for the conveying and recordation of a declared surplus
portion of land, A.P.N. 558-230-21, described in the attached Exhibit "A".
The parcel is located on Euclid Avenue between 18th and 20th Streets. The
property shall be conveyed to the adjacent property owner, Charles W.
Hostler, Jr. (2407 E. 19th Street).
The conveyance of this declared surplus land is in accordance with City
Council Resolution No. 92-8. The land is described in Resolution No. 92-8
as Parcel 2.
Environmental Review
Financial Statement
X N/A
N/A
STAFF RECOMMENDATION
Adopt the Resoluti
BOARD / COMMISSION RECOMMENDATION
N/A
71/0"7,./— Account No.
ATTACHMENTS ( Listed Below )
1. Resolution
2. Exhibit "A"
3. Plat
Resolution No. 99-126
hos
A-200 (9/80)
RESOLUTION NO. 99- 126
RESOLUTION OF IDE CITY COUNCIL OF 1'HE CITY
OF NATIONAL CITY DECLARING A PORTION OF LAND,
A.P.N. 558-230-21, LOCATED ON EUCLID AVENUE BETWEEN
18an AND 20TH STREET, TO BE SURPLUS AND DIRECTING ME
CITY ENGINEER TO DISPOSE OF THE REMNANT PARCEL
BY CONVEYING SAID PARCEL TO 173E ADJACENT
PROPERTY OWNER, CHART ES W. HOSTLER, JR
(2407 EAST 19TH STREET, A.P.N. 558-230-03)
'WHEREAS, the City Council has determined that the City -owned remnant parcel
adjacent to 2407 East 19th Street, shown on Exhibit A, is surplus and no longer needed for City use;
and
WHEREAS, the City Council has determined that said remnant parcel should be
disposed of as surplus; and
WHEREAS, the City Council has determined that the parcel is small and that certain
procedures for the disposition of the surplus property, including title reports, appraisal reports, and the
opening of an escrow account, should be waived.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the remnant parcel is determined to be no longer necessary for City use, that
said remnant parcel is declared to be surplus, and that the City Engineer is directed to dispose of
said remnant parcel in accordance with City Council policy, with the exception that title reports,
appraisal reports and the opening of escrow accounts will not be required.
BE IT FURTHER RESOLVED that the City Engineer is directed to convey said
remnant parcel to the adjacent property owner, Charles W. Hostler, Jr.
PASSED and ADOPTED this 24th day of August, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
f✓'LZ
George H. Eiser, III
City Attorney
EXHIBIT "A"
7
APE 5$8-234-21
NO
NATIONAL CITYBD FEE TITLE
PORTION TO BE CONVEYED
BEING A PORTION OF THE SOUTHERLY 160 FEET OF THE WESTERLY
60.5 FEET OF THE NORTHERLY 400 FEET OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF II RANCHO DE LA NACION, IN THE CITY OF NATI�ONALSBCITY,� 107 OF
COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY MAY 11, 1869, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID QUARTER
CORNER SECTION 107 THAT IS 240.00 FEET SOUTHERLY OF THE NORTHWEST
OSID SOUTHWESTHETER OF NGSLALINE QUARTER ECTIO THENCE,, LEAVING WESTERLY LINE
ON A LINE PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER, NORTH 70° 50' 08" EAST,
57.04 FEET TO THE TRUE POINT OF BEGINNING;
CONTINUING, NORTH 70° 50' 08" POINT
ON THE EASTERLY LINE OF SAIWESTERLY �60 5 FEETRET ; THENCE,
ALONG SAID EASTERLY LINE, SOUTH 19° 02' 53" EAST, 160.00
FEET; THENCE, LEAVING SAID EASTERLY LINE, ALONG THE
SOUTHERLY LINE OF SAID NORTHERLY 400 FEET, SOUTH 70° 50'
08" WEST, 9.47 FEET TO A POINT ON THE FOOT RADIUS CURVE, CONCAVE EASTERLY, ARC OF A 1960.80SAID
ALONGPOINT BEARS THE SOUTH 72° 05' 52" WEST; TNCHENCE, NORTHERLY
1° 08' 46",SAID CURVE, THROUGH A CENTRAL ANGLE OF
TOTHE AN ARG LENGTH OF 39.22 FEET; THENCE, TANGENT
RVE, NORTH 16'
FEET TO THE TRUE POINT OF BEGINNING. 45' 22" WEST, 120.90
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RECORDING REQUESTED BY
City of National City
1243 National City Boulevard
WHEN RECORDED MAIL THIS DEED AND,
UNLESS OTHERWISE SHOWN BELOW,
MAIL TAX STATEMENTS TO:
Charles W. ,Hostler, Jr.
2407 E. 19th Street
National City, CA 91950
SPACE ABOVE THIS LINE FOR RECORDERS USE
CORPORATION A,RN, Portion of 558-230-21
Quitclaim Deed
The undersigned grantor(s) declare($):
Documentary transfer tax is $ 0
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of National City , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of National City, a Municipal Corporation
do hereby REMISE, RELEASE AND QUITCLAIM to
Charles W. Hostler, Jr.
the real property in the City of National City , County of San Diego , State of California, described as
Exhibit "A" attached hereto and made a part thereof.
Dated
State of California
County of ) S.S.
On before me,
, personally appeared
personally known to me (or proved to me on the basis of satisfactory evi-
dence) to be the person(s) whose name(s) is / are subscribed to the within
instrument and acknowledged to me that he / she / they executed the
same in his / her / their authorized capacity(ies), and that by his / her /
their signatures(s) on the instrument the person(s), or the entity upon be-
half of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Signature of Grantor
MAIL TAX STATEMENTS TO,
Form 3196-8 (Rev. 5-94)
This Document provided by Commonwealth Land Title Insurance Company
City of National City, California
COUNCIL AGENDA STATEMENT
08/24/99
MEETING DATE AGENDA ITEM NO. 3
ITEM TITLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
EXTENDING THE AMBULANCE SERVICES AGREEMENT
PREPARED BY Walter Amedee, L)1a-
Management Analyst II
EXPLANATION
DEPARTMENT
Fire
Upon approval of the Fire Department's Fiscal Year 1999/2000 Preliminary
Budget, Fire Department Staff have been working on establishing
agreements associated with the proposed Firefighter Paramedic First
Responder Program, which requires establishing or amending several
agreements including the City's current Ambulance Services Agreement.
Tentative agreements have been reached with all parties, except an
agreement with Labor. In order to properly address the issues related
to the Labor Agreement, the term of the current Ambulance Services
Agreement must be extended since the current Agreement will expire on
September 30, 1999. It is recommended that the term of this Agreement
be extended for a period of six (6) months beginning October 1, 1999.
Environmental Review XN/A
Financial Statement
No impact. Ambulance Services Agreement is a fee for service with no
City revenue subsidy.
Account No.
STAFF RECO ENDATION
Extend current Ambulance Services Agreement between American Medical
Response and National City for a perio•''ot to exceed six months.
BOARD/COMMISSION RECOMMENDATION
N/A
Randy , Fire Chief
TT CHMENTS (Listed Below)
Resolution No. 99-127
1. Resolution Authorizing the Mayor to sign an Amendment to the
current Ambulance Services Agreement.
2. Amendment to the current Ambulance Services Agreement.
A-200 (Rev. 9/00)
RESOLUTION NO. 99-127
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE
FORMERLY HARTSON MEDICAL SERVICES (MED-TRANS)
FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES
WHEREAS, on October 1, 1987, the City and Med-Trans, dba Hartson
Medical Services ("Hartson") entered into an agreement entitled "Agreement Between the City
of National City and Hartson Medical Services for Basic and Advanced Life Support
Services"; said Agreement has been assigned to American Medical Response ("AMR"); and
WHEREAS, the term of said Agreement has subsequently been extended from
time to time, with the current term of said Agreement to expire on September 30, 1999; and
WHEREAS, the City and AMR now wish to amend Section 17 of said
Agreement, concerning the extension of the term of said Agreement, to permit the City to
extend the Agreement for an additional six month period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an Amendment to the Agreement
between the City of National City and AMR for Basic and Advanced Life Support Services.
Said Amendment to Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 24th day of August, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AMENDMENT TO AGREEMENT
BETWEEN THE CTTY OF NATIONAL CITY ANDAMERICAN MEDICAL RESPONSE
FORMERLYHARTSON MEDICAL SERVICES (MED-TRANS)FOR BASIC AND
ADVANCED LIFE SUPPORT AMBULANCE SERVICE
This Amendment to Agreement is entered into this day of August, 1999,
by and between the City of National City ("CITY") and Med-Trans, a California limited
partnership, dba Hartson Medical Services ("HARTSON"), hereinafter referred to as American
Medical Response ("AMR").
RECITALS
A. WHEREAS, on October 1, 1987, CITY and HARTSON (now AMR) entered into an
agreement entitled "Agreement between the City of National City and Hartson Medical
Services for Basic and Advanced Life Support Services"; and
B. WHEREAS, the term of said Agreement has been subsequently extended from time to
time with the current term of said Agreement to expire on September 30, 1999; and
C. WHEREAS, the CITY and AMR now wish to amend Section 17 of said Agreement,
concerning the extension of the term of said Agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and AMR agree to amend Section 17 of the "Agreement between the City of
National City and AMR for Basic and Advanced Life Support Services," to include as follows:
EXTENSION: The term of this Agreement shall be extended for a period
of six (6) additional months beyond the current expiration date of September 30,
1999.
Except as otherwise provided herein, all of the provisions of the Agreement for
Basic and Advanced Life Support Services between the City of National City and AMR dated
October 1, 1987, and amended on May 21, 1996, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first herein set forth.
-- Signature Page to Follow --
First Amendment to Agreement
American Medical Response
Basic & Advanced Life
Support Ambulance Service
CITY OF NATIONAL CITY MED-TRANS dba
AMERICAN MEDICAL RESPONSE
By: By:
George H. Waters, Mayor Curtis Williams, Vice President,
Operations
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Page Two of Two
First Amendment to Agreement
American Medical Response
Basic & Advanced Life
Support Ambulance Service
City of National City, California
COUNCIL AGENDA STATEMENT
4
MEETING DATE 08/24/99 AGENDA ITEM NO.
ITEM TITLE
WARRANT REGISTER #07
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION -
Ratification of Warrant Register #07
per government section code 37208.
Environmental Review
Financial Statement
N/A
N/A
Account No.
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $231,886.70
BOARD/COMMISSION RECOMAI NDATION
�1taw, /Sr qia/ /ea
Resolution No.
ATTACHMENTS (Listed Below)
1. Warrant Register #07
2. Workers' Comp Warrant Register dated 8/11/99
A400 (Rev. 9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
August 24, 1999 5
MEETING DATE AGENDA ITEM NO.
ITEM TITLE
CLAIM FOR DAMAGES: Gerardo Gutierrez, Aaron Gutierrez,
Israel Gutierrez, Victor Rivera, and Lesley Sandal
PREPARED BY Michael R. Dalla r, DEPARTMENT City Clerk
EXPLANATION.
The subject claim arises from an occurrence on June 5, 1999, and was filed with
the City Clerk's Office on August 5, 1999.
Environmental Review_VC___N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Deny the claim, and refer to the City Attorney.
BOARD/COMMISSION RECOMMENDATION
N/A
TCHMENTS (Listed Below)
Copy of Claim for Damages
Resolution No
A-200 (Rev. 4/80(
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE AUGUST 24. 1999 AGENDA ITEM NO 6
(-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO ENTER INTO A CONTRACT WITH HERITAGE SECURITY SERVICES TO PROVIDE PARK
SECURITY SERVICES.
PREPARED BY JIM RUIZ
EXPLANATION.
Recently, the City Council authorized the expenditure of funds to contract for park
security services. Requests for proposals were sent out in July, and after review,
staff is recommending this contract be awarded to Heritage Security Services. Their
services will include nightly patrols of our three major parks for a one year period;
and on site guard services at our three major parks 26 weeks of the year.
The Company began licensed security service business in 1980 and operates under State
Department of Consumer Affairs, Bureau of Collection and Investigation Services
License Number PP07901. Client references include San Diego Trolley, San Diego
Transit, San Diego County Sheriffs Department, and the City of El Cajon.
Once approved, these services will begin on or about September 1, 1999.
DEPARTMENT PARKS &
RECREATION
Environmental Review x N/A
Financial Statement
Costa is $23,140.
lne4t7
STAFF RECO ENDATION
Approval
BOARD/COMMISSION RECOMMENDATION
Approval
Contract Services
Account No. 105-442-000-299
TT CHMENTS (Listed Below)
Contract
Resolution No.
99-128
A-200 (Rev. 9/80)
RESOLUTION NO. 99-128
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING THE MAYOR TO
ENTER INTO AN AGREEMENT WITH HERITAGE SECURITY
SERVICES TO PROVIDE PARK SECURITY SERVICES
WHEREAS, on July 20, 1999, the City Council approved Resolution No. 99-101
authorizing the expenditure of funds to contract for park security services; and
WHEREAS, after interviewing interested security firms who had submitted
proposals for review, City staff recommends entering into an agreement with Heritage Security
Services for a term of one year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to execute an agreement with Heritage Security
Services to provide park security services for the term of one year. A copy of the agreement
is on file in the office of the City Clerk.
PASSED and ADOYI'ED this 24th day of August , 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, IQ
City Attorney
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HERITAGE SECURITY SERVICES
THIS AGREEMENT is entered into this FIRST day of
SEPTEMBER , 1999 by and between the CITY OF NATIONAL
CITY, a municipal corporation (the "CITY"), and HERITAGE SECURITY SERVICES
(the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to
PROVIDE PARK SECURITY SERVICES
WHEREAS, the CITY has
SECURITY SERVICES FIRM
to perform the services desired by the CITY.
such services.
determined that the CONTRACTOR is a
and is qualified by experience and ability
and the CONTRACTOR is willing to perform
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A .
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to.
keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 10 %
from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
JIM RUIZ hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR.
R.A. RUMMEL
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit A shall not exceed the schedule given in
Exhibit A (the Base amount) without prior written authorization from the
CITY MANAGER . Monthly invoices will be processed
for payment and remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit A as determined by the CITY.
The CONTRACTOR shall maintain all books, documents. papers. employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit A .
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports. Maps. Drawings, Plans, Specifications and other documents prepared
by the CONTRACTOR for this Project, whether paper or electronic, shall become the
property of the CITY for use with respect to this Project, and shall be turned over to the CITY
upon completion of the Project. or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material. drawings, plans, specifications or other work prepared under
this agreement, except upon the CITY's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
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disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability
under Section 14 but only with respect to the effect of the modification or reuse by the CITY,
or for any liability to the CITY should the documents be used by the CITY for some project
other than what was expressly agreed upon within the Scope of this project, unless otherwise
mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with --one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is. the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents. servants. or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all State and
Federal statutes and regulations, and all ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and its
subcontractors, shall obtain and maintain a current City of National City business license prior
to and during performance of any work within the City.
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10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified. then within a commercially reasonable time. Accordingly. unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRLMLNATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age. race,
color, ancestry, religion, sex, sexual orientation. marital status, national origin, physical
handicap, or medical condition. The CONTRACTOR will take positive action to insure that
applicants are employed Without regard to their age, race, color, ancestry. religion. sex. sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the following: employment, upgrading. demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places available to employees and applicants for
employment any notices provided by the CITY setting forth the provisions of this non-
discrimination clause.
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13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees and volunteers, against and from any and all liability, loss, damages to
property, injuries to. or death of any person or persons, and all claims, demands, suits,
actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from or arising out
of the CONTRACTOR', performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government
Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and
shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers
from and against all claims, demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney's fees and costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed
by the CONTRACTOR under this Agreement.
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purchase and
occurrence.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
maintain throughout the term of this agreement, the following insurance policies:
A. Professional liability insurance with minimum limits of $2,000,000 per
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
F. Said policies. except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
volunteers.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by final
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
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not be considered in determining the amount of the judgement or award. Attorney's fees to
the prevailing party if other than the CITY shall, in addition, be limited to the amount of
attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California. in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally
by the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19.. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
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20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Tom G. McCabe
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: HERITAGE SECURITY SERVICE
R.A. RUMMEL
1260 MORENA BLVD. STE 200
SAN DIEGO, CA. 92110
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any financial
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interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR
shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not
a Saturday. Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to. or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties
hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
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of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY CONTRACTOR
By: By:
George H. Waters, Mayor (Name)
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
(Title)
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EXHIBIT A
HERITAGE
SECURITY • SERVICES
1260 MORENA BLVD.. SUITE 200. SAN DIEGO. CA 92110
(619) 275-7000 . FAX (619) 275-7035
August 6, 1999
City Of National City
140 East 12th Street
National City, California 91950
Attn: James E. Ruiz, Parks and Recreation Director
Dear Mr. Ruiz:
Thank you for allowing us to provide you with this revised proposal for
security services. Outlined below is an estimate of cost for the specified
security coverage requested
PROPOSED COSTS:
Location : Kimball Park: 12th Street and D Ave.
El Toyon Park: 2005 East 4th Street
Las Palmas Park: 1800 Newell Street
Proposed Schedule: Mon -Sun 9pm- 03am
Two Drive -By Patrols = $25.50 per night x 7 days = $178.50 per week
DRIVE -BY TOTAL PROJECTED COST : $772.90 per month
Drive -By patrols will drive thru each park twice per night after park
closure to provide a visible deterrent to graffiti, vandalism, and
loitering. Officers will document any contact with persons and any
graffiti. If officer is required to remain at any location for more than
thirty (30) minutes billing will be at a rate of $4.50 per fifteen (15)
minute increment. Drive -By patrol sheets will be faxed daily for
review.
Contract Period: From September 1, 1999 — August 31, 2000.
1
1
1
• Page 2
Exhibit A
August 4, 1999
POSTED GUARD SERVICE:
Location : Kimball Park: 12th Street and D Ave. (1 UNARM GUARD)
El Toyon Park: 2005 East 4th Street (1 UNARM GUARD)
Las Palmas Park: 1800 Newell Street (1 UNARM GUARD)
Proposed Schedule: Sat -Sun -Holidays 9AM- 05PM
8 Hours Per Park x $11.10 Per Hour = $88.80 per day x 2 days =
$177.60
TOTAL POSTED GUARD PROJECTED COST : $177.60 x 3 Parks x
4.33 weeks per month = $2573.40 AVERAGE PER MONTH.
TOTAL PROJECTED COST POSTED/DRIVE-BY: $3346.30 PER
MONTH
TOTALS INCLUDE 12 HOLIDAYS OF POSTED SERVICE
Posted Security Officers will patrol parks to be a visible presence to
deter graffiti, public intoxication, open containers and serve as "eyes
and ears" for the National City Police Department.
Based on our experiences with economically challenged persons and
vandalism, I would recommend a rotating schedule for the mobile patrol
officer as a visible deterrent and to ensure compliance with park closure. As
we discussed evaluation of patrols will be done on a weekly basis to adjust
schedule as necessary based on volume of activity.
Sincerely,
Special Operations Manager
TOTAL COST: $23,140.00
Page 3 Exhibit A
PROPOSED SERVICES
Heritage Security Services proposes to provide high -quality security services in full compliance
with specifications to be established for National City Parks & Recreation Department.
A. Basic Duties:
Officers shall perform all duties in strict compliance with a detailed Standard Operating
Procedures Manual (S.O.P.) developed for National City Park & Rec. The duties shall
include the following, described in detailed instruction format:
1. Provide high profile visible deterence to crime and vandalism.
2. Provide emergency response, on an as needed basis.
3. Serve as ambassador, providing information to residents.
4. Monitor after -hour entry and exit.
5. Monitor parking areas.
6. Coordinate lock -up and unlocking of any gates.
7. Coordinate evacuation in event of emergencies.
8. Maintenance of security logs and incident reports.
9. Officers will always behave in a professional manner.
10. Patrol perimeter where appropriate.
11. Check and turn lights on and off.
12. Check and secure all doors.
13. All officers must be able to read, write and speak english.
14. Patrol exterior and parking facilities.
15. Provide management with physical security report.
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 24, 1999
AGENDA ITEM NO.
7
ITEM TITLE
RESOLUTION OPPOSING THE ABANDONMENT OF THE CORONADO BRANCH LINE OF HE
SAN DIEGO AND ARIZONA EASTERN RAILWAY.
PREPARED BY
EXPLANATION
George H. Eiser, III
City Attorney
At the August 17 City Council meeting, the Council determined to oppose the abandonment of
the Coronado Branch Line of the San Diego and Eastern Arizona Railway between State Route 54 and 7th
Street in Imperial Beach.
The accompanying resolution would memorialize this action of the City Council.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Proposed resolution
Agenda materials from meeting of August 17, 1999
Resolution No.
99-129
A-200 (9/80)
RESOLUTION NO. 99- 129
RESOLUTION OF '1'IIF CITY COUNCIL OF THE CITY
OF NATIONAL CITY OPPOSING '111E ABANDONMENT
OF THE CORONADO BRANCH LINE OF THE SAN
DIEGO AND ARIZONA EASTERN RAILWAY
WHEREAS, a request has been made of the Metropolitan Transit Development
Board to abandon the Coronado Branch of the San Diego and Eastern Arizona Railway between
State Route 54 and 7* Street in Imperial Beach; and
WHEREAS, the City Council of the City of National City has reviewed the
proposed railway abandonment, and has unanimously concluded that such an abandonment would
have a negative impact upon opportunities for recreation and tourism in National City, especially as
they are related to the City's Marina and Sante Fe Depot Projects, as well as having a negative
impact upon such opportunities for other cities in the South Bay.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby oppose the abandonment of the Coronado Branch of the San Diego and
Fastern Arizona Railway between State Route 54 and 7* Street in Imperial Beach.
PASSED and ADOPl'1D this 24'h day of August, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H."Eiser, III
City Attorney
Item #15
8/17/99
To: City Manager
From: Councilman Beauchamp
Re: Coronado Belt Line Abandonment Proposal by City of Chula Vista
Date: 12 August 1999
Please place on the agenda for the meeting of 17 August a discussion of the proposal by
the City of Chula Vista to abandon that portion of the Coronado Belt Line through their
jurisdiction. The Metropolitan Transit Development Board voted on 12 August to recommend to
the Joint Committee, i.e. the MTDB Railway Committee which I chair and three Port
Commissioners, to abandon the line. The vote to do so was split, with myself, Poway, La Mesa,
and Coronado representatives and Chairman Williams opposed to the recommendation.
I am concerned on the impact such an activity will have on our tourism potential from the
Santa Fe Depot as well as the focus of Port resources in Chula Vista to our detriment.
Supervisor Cox spoke in support of the recommendation in a rather confused presentation
also involving the use of that portion of the line through the Sweetwater Marsh for a re -located
bikeway rather than along the freeway, as it is now planned.
Lill UI- 1MVbK1HL GGHLh iU;01-4L7-71r1.1
riVV 11 77 iV•J-. ,vv.vav .v—
AI No. 30, 8/12/99, SDAE 700
City of Imperial Beach, California
OFFICE OF THE CITY MANAGER
August 11, 1999
Tom Larwin '
Metropolitan Transit District Board
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101-7490
Dear Mr. Larwin:
Due to various requests and proposals for usage of the railroad right-of-way of the
Coronado Branch line, the City of Imperial Beach has requested a determination as to
the feasibility of proposals and what use options may be most beneficial. To date, we
have not received any information on the subject so that we may formulate more
specific policy. Meanwhile, we are caught up in the middle of requests to support the
various proposals of different user groups. Right now, no project seems to be moving
ahead and acrimony on the issue is seeming to fester.
Our bottom line question has been: Are the dinner/excursion train type proposals
feasible and what are the options in terns of cost -benefit analysis? If the
dinner/excursion train options are not feasible we need to proceed with more viable
options for the use of these right -of-ways.
Thank you for your consideration and please advise us of any progress towards making
a determination on feasibility.
Sincerely,
‘nryllonson
Ity Manager
cc: City Council
MTDB Chairman and Board members
825 Imperial Beach Boulevard • Imperial Beach. California 91932 • (619) 423-8303 • Bra (619) 429-9770
CFIY OF
CH-HUTA.VISTA
OFFICE OF THE MAYOR
SHIRLEY HORTON
August 3, 1999
Leon Williams, Chairman
Metropolitan Transit Development Board
1225 Imperial Avenue, Suite 1000
San Diego, CA 92101 -
Dear Mr. Wlli,rliis:
On behalf of the City Council of Chula Vista, I am writing to request that the Metropolitan Transit
Development Board. (MTDB) consider the abandonment of the Coronado Branch of the San
Diego and Arizona Eastern Railway (CB ROW) between State Route 54 and 7th Street in
imperial Beach. The City Council voted on July 27, 1999 to support this abandonment due to
the many benefits discussed below.
The abandonment of the CB ROW significantly enhances the redevelopment efforts currently
being undertaken by both the City and the Port of San Diego on the Chula Vista Bayfront. The
Port of San Diego (recently` purchased the SDG&E -facility comprised:. of, -approximately 150
acres, and is in the process of purchasing, the -southern portion of the;BF Goodrich Campus;,
representing an additional 90+ acres. The- Port intends' to` redevelop `both properties -with
commercial uses including office; -retail, hotel and entertainment, -iri addition, the City of Chula
Vista is poised to.. process a 130-acre mixed -use development, including residential, office,
entertainment retail and hotel, on the northern portion of the Bayfront.
The successful development of the Chula Vista Bayfront will benefit not only Chula Vista, but
the entire South Bay. The City and Redevelopment Agency of Chula Vista along with the Port
have taken many measures to enhance and support this area. The abandonment of the CB
ROW will further benefit the redevelopment efforts by removing the uncertainty of future use of
the CB ROW, as well as the need for rail crossings. An operational and regularly used rail line
would severely hamper traffic circulation and would negatively impact commercial development,
as well as existing businesses.
The CB ROW presently bisects the entire Chula Vista Bayfront and runs north from D Street
through the Sweetwater National Wildlife Refuge to National City and southwest from Main
Street to Imperial Beach. These sections of the track have fallen in to disrepair and are
presently not passable. Significant investment would. be required for the tracks to become
operational. In addition, the tracks running from Imperial Beach north to Coronado were
removed to accommodate a portion of the Bay Shore Bikeway. The, abandonment would make
it possible to complete the,_ Bay Shore Bikeway allowing for: public access to San Diego Bay's
shore from San Diego to Coronado... ' The City is in full- support of Supervisor Greg Cox's
proposal to utilize portions of the CB ROW to complete this. important regional asset.
276 FOURTH AVENUE • CHULA VISTA • CALIFORNIA 91910 • (619) 691-5044 • FAX (619) 476-5379
Leon Williams, Chairman
Metropolitan Transit Development Board
August 3, 1999
Page 2 of 2
t,-
In summary, significant portions of the CB ROW have not been operational or passable for
many years and does not benefit the property owners or businesses along the line. The
abandonment will facilitate redevelopment and access to the Chula Vista Bayfront, as well as
the completion of the Bay Shore Bikeway.
Thank you for your consideration. We look forward to working together on this effort. If you
have any questions, or need additional information please call Chris Salomone, Community
Development Director at 691-5047.
Sincerely,
Shirley Hort,
Mayor
Cc: Chula Vista City Council
Supervisor Greg Cox
David Malcolm, Port Commissioner
Jerry Rindone
David D. Rowlands, City Manager
Sid Moms, Assistant City Manager
George Krempl, Deputy City Manager
Chris Salomone, Director of Community Development
H:Home1CommDevAnderson1ntdb-mayor 813/99 12:52 PM
CITY OF CHULA VISTA
BFGoodrich
Aerospace
Aerostructures Group
850 Lagoon Drive
Chula Vista. California 91910 - 2098
619-691-4111
FAX 619-691-3030
August 12, 1999
Leon Williams, Chairman
and Members of the Board of Directors
Metropolitan Transit Development Board
1255 Imperial Avenue
Suite 1000
San Diego, CA 92101-7490
RE: Coronado Branch Line. SD&AE Railway
Dear Chairman Williams and Board Members:
BFGoodrich (formerly Rohr, Inc.) ("BFG") supports the abandonment of the Coronado
Branch Line of the SD&AE Railway. As a business resident of the South Bay area for
nearly sixty years, we appreciate the opportunity to express our views on this matter.
There are several reasons for our position:
• BFG has no present or future needs for rail service at its Chula Vista facility, located
between F Street and J Street, west of the Interstate 5 freeway. (The Coronado
Branch Line right-of-way runs through the entire length of our property).
• BFG has just recently signed an agreement with the San Diego Unified Port District
("Port") and the City of Chula Vista ("City"), that will significantly enhance the
opportunities for redevelopment of the Chula Vista Bayfront, by, among other things,
causing the consolidation of our facility north of H Street. An elimination of the
Coronado Branch Line from the Bayfront will further enhance these attractive
redevelopment opportunities. In fact, the agreement among the Port, the City, and
BFG recognizes the parties' collective desire to seek the abandonment of the right-of-
way to increase the redevelopment benefits to the community and the parties.
Rohr. Inc.. a subsidiary of The BFGoodrich Company. operating as BFGoodrich Aerospace / Aerostructures Group
• With the lack of current and projected freight use for this line, and the lack of viable
passenger use proposals, it would seem worthwhile to convert this right-of-way to
beneficial uses, for the benefit of all parties. The abandonment of this line will allow
for more productive and viable options for the use of the property, including
extension of the Bayshore Bikeway.
• The Coronado Branch Line property could be acquired by interested parties,
generating revenue for MTDB from an underutilized asset.
While we believe abandonment is the best course of action, a license agreement allowing
for its alternative use would also help facilitate circulation and redevelopment at the
Chula Vista Bayfront.
Thank you for your consideration of our position. Please contact me if I can answer any
questions, or provide you with further information.
Very truly yours,
Arthur O. Sellgren
cc: Greg Cox, Supervisor, First District
Shirley Horton, Mayor, City of Chula Vista
David L. Malcolm, Port Commissioner, SDUPD
2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 24, 1999
AGENDA ITEM NO.
8
ITEM TITLE ORDINANCE AMENDING TITLE 7, CHAPTER 7.10, 7.20, 7.32 OF THE
MUNICIPAL CODE REGULATING GARBAGE AND RUBBISH CONTAINERS,
OUTDOOR ACTIVITIES ANDjENFORCEMENT
PREPARED BY Roger G. Post �'" DEPARTMENT
UANPlanning
EXPLANATION.
A series of code amendments have been developed to address several
subject areas. The attached report summarizes the amendments. Public Works,
Engineering, City Attorney's Office and Planning have all participated in this
effort
Environmental Review
Financial Statement
NA
X N/A
Account No.
STAFF RECO ENDATION
That the ordinance be introduced for first reading.
BOARD/COMMISSION RECOMMENDATION
NA
TT CHMENTS (Listed Below)
1. Report
2. Ordinance
Resolution No
A-200 (Rev. 9/80)
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 7, CHAPTER 7.10, CHAPTER 7.20
AND CHAPTER 7.32 OF TILE NATIONAL CITY
MUNICIPAL CODE, REGULATING GARBAGE
AND RUBBISH CONTAINERS, OUTDOOR
ACTIVITIES AND ENFORCEMENT
BE IT ORDAINED by the City Council of the City of National City that Title
7, Chapters 7.10, 7.20 and 7.32 of the National City Municipal Code are hereby amended to
read as follows:
Section 1. That Chapter 7.10 is amended by amending Sections 7.10.010, 7.10.050
and 7.10.080 to read as follows:
7.10.010 Definitions. (A through H--no change).
I. "Recyclables" or "recyclable materials" shall mean plastic bottles, plastic
containers, glass bottles, glass jars, newspapers, aluminum and/or metal cans, and any other
material designated by the city as a recyclable material in Chapter 9.52.
7.10.050 Garbage and rubbish containers. A. Receptacles for the containment of
garbage or rubbish placed for collection shall be as provided by the city rubbish collection
contractor.
B. Receptacles for the containment of yard waste shall comply with these
limitations:
1. They shall have the capacity of no more than forty gallons in volume.
2. Their weight shall not exceed fifty pounds when filled.
3. Reusable rigid containers or cans shall be constructed of nonabsorbent
and corrosion -resistant materials and should be easily cleanable.
4. The diameter of the can's opening shall be no less than the diameter
anywhere below the top and the can should be tapered to facilitate discharge of compacted
waste when the container is inverted.
5. The interior of the can shall be smooth, without projections which would
interfere with emptying the contents.
6. The can shall have no cracks, holes or jagged edges which could injure
collection personnel.
7 The can shall be fitted with handles located directly opposite one another
on the sides of the container for easy lifting.
8. Cans shall be equipped with covers or lids which are tight -fitting to resist
the intrusion of water and vectors.
9. Cans shall be designed so that they cannot be tipped over easily.
C. Single -use plastic and paper bags furnished by the city rubbish collection
contractor must be only those manufactured expressly for solid waste storage and shall meet
the standards of the National Sanitation Foundation as to thickness and bursting strength.
D. Commercial dump -type receptacles (bins) shall meet the minimum specifications
established by the city's rubbish collection contractor. They shall be maintained in good work-
ing order and shall be kept clean and sanitary. Such bins shall be equipped with solid,
noncombustible and closable lids that are sufficient to contain a fire within the bin. It is a
violation to place any sort of liquid wastes into a bin unless they are contained in leak proof
vessels.
E. Preparation of recyclable refuse for collection --alternate methods.
1. In those areas of the city where recyclable material collection containers
are provided to users by the city rubbish collection contractor, recyclable materials defined in
Chapter 9.52 shall be separated from garbage and rubbish and placed in the respective
recycling collection container for collection by the contractor in accordance with Chapter 9.52.
2. Recyclable materials shall not contain garbage or rubbish.
F. Brush and limbs of trees may be placed for collection outside of receptacles in
tied bundles not more than four feet in length, not more than eighteen inches in diameter, and
not more than sixty pounds in weight each.
G. Garbage receptacles shall be kept covered. No person shall permit a garbage
receptacle to remain uncovered or open, or in such condition that flies or vermin may obtain
access thereto, except when necessary to place garbage therein or remove therefrom; for such
purposes covering shall be immediately replaced.
H. It is unlawful for any person to place any discarded material in, upon or near
any receptacle, container or bin, unless he or she has an ownership or possessory interest or
right in that receptacle, container or bin.
7.10.080 Enclosures required. A. All commercial, industrial, institutional, and
multifamily residential uses shall be provided masonry trash enclosures which shall comply
with the trash enclosure design guidelines adopted from time to time by resolution of the City
Council. It shall be the duty of the owner(s) of the affected property to provide and install the
enclosure required by this Chapter 7.10. The planning commission may waive this
requirement pursuant to a finding that the use does not generate a need for exterior trash
receptacles. Properties with trash receptacles having cumulative capacity of ninety (90)
gallons or less shall not be subject to this requirement if suitable and sufficient containers as
determined by the planning director are provided in accordance with Section 7.10.040A of this
chapter.
B. Multifamily residential properties containing no more than three units shall not
be subject to the requirements of this section if the planning director determines that all of the
following conditions exist:
1. The property is not of sufficient size, or the location and arrangement of
buildings on the property precludes installation of a trash enclosure;
2. All trash receptacles can be screened so that they cannot be viewed from
adjacent properties or city streets;
3. Dumpsters are not in use; receptacles are limited to metal or plastic cans.
C. Any building or structure or portion of building or structure used for storage of
rubbish and waste shall contain an approved floor drain connected to the public sewer system.
1999 Ordinance 2 Outdoor Activities
and Enforcement
Section 2. That Title 7, Chapter 7.20 is amended by repealing Section 7.20.090.
Section 3. That Title 7 is amended by amending Sections 7.20.010, 7.20.050,
7.20.080, 7.20.100, 7.20.110, 7.20.130, 7.20.140 and 17.20.150 to read as follows:
7.20.010 Definitions. In this Chapter, the following terms shall mean:
A. "Gray water", means non -potable drain water, commonly discharged from
laundry tubs, washing machines, floor drains, bathing facilities and similar receptacles used
for washing or bathing. It includes water that is not fit or safe for human consumption.
B. "Sewage" is "gray water" which has been contaminated with any type of
organic or fecal matter.
C. "Outdoor" means to the exterior of an enclosed building or structure. Activity
carried on within a structure that is not completely enclosed on all sides is considered "outdoor
activity."
7.20.050 Discharges of water into ground or into storm drains --prohibited. A. It
is unlawful and a misdemeanor for any person to discharge sewage, gray water or water
draining from any swimming pool, sink, washtub or wash basin, washing machine, or from
any other source or liquid receptacle being used as a cleaning device onto the ground or into a
storm drain, gutter, flood channel or any other water collection system, other than the
municipal sewer system or a lawfully permitted septic system.
B. This Section 7.20.050 shall not apply to water run-off from construction sites.
Water run-off and discharge from construction sites shall comply with Chapter 14.22
(Stormwater Management and Discharge Control).
7.20.080 Residing or camping in recreational vehicle --prohibited. A. It is the
purpose and intent of the City Council to prohibit the use of recreational vehicles as temporary
or permanent residences or sleeping quarters. This Section 7.20.080 is therefore enacted to
protect the public health and welfare.
B. It is unlawful to occupy a recreational vehicle for more than 10 consecutive
minutes between the hours of 2:00 a.m. and 6:00 a.m. while that vehicle is parked on a street
or on public or private property, except when that vehicle is parked within a lawfully
permitted mobile home park or campground.
C. It is unlawful to attach or hookup a recreational vehicle to a utility service
providing gas, water, sewage, telephone or cable TV, or any combination, at any time, except
in a lawfully permitted mobile home park or campground.
D. It is unlawful to hookup or attach a recreational vehicle to a utility service
providing electricity, except where that connection is made to a battery recharging device, not
to exceed 24 hours, for the purpose of recharging the vehicle's battery, and for no other
purpose.
E. As used in this section:
1. "Recreational vehicle" means any vehicle so classified by the Vehicle
Code or National City Municipal Code Section 18.04.542, or any other vehicle, including a
trailer, camper, house trailer, or motor home, which is designed or modified to be used for
sleeping purposes.
1999 Ordinance
Outdoor Activities
and Enforcement
2. As used in Section 7.20.080B, the term "occupy" means that one or
more persons is physically present within the recreational vehicle (as defined in Section
7.20.080(D)(1)), regardless of whether any person is camping, sleeping or attempting to camp
or sleep within that vehicle.
7.20.100 Off -road vehicles. A. It is unlawful for any person to operate for
recreational purposes any vehicle or off -highway vehicle, as defined in the California Vehicle
Code, or a motorized scooter, on any unimproved public or private property in the city.
B. Notice of this regulation may be given by placing appropriate signs on the
property or by verbal order of a police officer or code conformance officer.
C. When an individual has been given such verbal notice and anytime thereafter is
found to be violating that order, the offending vehicle may be seized and impounded by the
city until the violation is prosecuted. Impound costs shall be borne by the owner of the vehicle
or his designee.
D. "Recreational purposes" means that the vehicle is being driven on property
without any apparent purpose and for the apparent pleasure of the operator or a bystander.
This definition shall not apply when the vehicle is being used for the delivery or pickup of
goods or materials or the provision of services to that property.
7.20.110 Removal of traffic obstructions. A. The city traffic safety committee
shall investigate conditions reported by the police department or city engineer wherein there is
a serious or potentially serious traffic hazard condition caused by obscured vision at street and
alley intersections, driveways or sidewalks. For the purposes of this section, a serious traffic
hazard condition occurs and obscures vision when any landscaping, fence, lawn ornament,
sign, apparatus, structure or containment other than a building, occupies the visual field of
drivers on public streets in such a way that the usual capability or control of vehicles is thereby
impaired or limited. The standards adopted by the California department of Transportation
(Caltrans) and the California Highway Patrol (CHP) shall be used in making findings of
hazard.
That committee shall, where appropriate, submit a report and recommendation to the
City Council for corrective action.
The City Council may, after conducting a public hearing thereon, make a finding that a
traffic hazard exits and that the contributing view -obscuring conditions are a public nuisance.
An order by the City Council to abate such a public nuisance and the abatement shall
follow the procedures set forth in Section 7.12.090.
B. This section is not subject to any grandfather privilege that might be raised on
the grounds that the subject traffic hazard predates the adoption of this regulation or that the
condition has existed for an extended length of time, with or without knowledge of city traffic
officials, or others.
C. It is unlawful for any person to fail to remove a serious or potentially serious
traffic hazard resulting from a condition maintained outdoors on private property owned or
occupied by that person which may cause obscured vision to an approaching motorist, within
ten (10) days following written notice from the City Council, or the City Manager acting for
the City Council. Notice may be provided by: (1) posting a notice on the property; or, (2) by
1999 Ordinance
Outdoor Activities
and Enforcement
sending a written notice to the property owner or occupant by both certified mail and by first
class mail; receipt of either of which shall constitute service of notice; or (3) by a combination
of both (1) and (2) above.
D. This section shall not be construed to create a mandatory duty on the part of the
City or any official or employee of the City under Section 815.6 of the California Government
Code, nor shall this section be construed to impose any civil liability upon the City or any
official or employee of the City.
7.20.130 Repairing and washing of vehicles on residential property --restricted.
A. Except as permitted in Section 7.20.130B or C, it is unlawful to wash or repair
a motor vehicle upon property used for residential purposes within the city limits.
B. A motor vehicle may be repaired by the registered owner of that vehicle upon
property owned by or rented to that vehicle owner, provided the repairs are done either in an
enclosed garage, within the rear yard setback or on a paved parking space or driveway.
C. Non-commercial motor vehicles registered to a resident of the property may be
washed on that property, provided that no liquids other than potable water, either alone or
mixed with soap or detergent, drain onto a public street.
7.20.140 Vehicle storage of certain inoperative or unlicensed vehicles, recreational
vehicles and boats, or parking on landscaped setback --prohibited. A. Notwithstanding the
provisions of Title 18, it is unlawful to park, repair, store or wash any vehicle within or upon
any unpaved portion of any public or private property.
B. Except in paved areas or driveways specifically designed for parking, it is
unlawful to park a vehicle within the front yard or the exterior side yard setbacks of private
residential property, or on the parkway or landscape area of the public right of way.
C. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current
or valid registration plates or tags, any junked, wrecked, abandoned or inoperable vehicle, or
any vehicle for which a certificate of non -operation has been issued by the Department of
Motor Vehicles on residential property, except within a fully enclosed garage.
D. It is unlawful to park or store any recreational vehicle, boat or boat and trailer:
1. On a residential parcel unless that recreational vehicle, boat or trailer is
owned by and registered to an occupant of a legal dwelling unit on the same parcel; or,
2. On any other parcel unless the parcel is zoned and licensed for use as a
recreational vehicle or boat storage yard or repair facility.
E. Vehicles parked or stored in violation of this Section 7.20.140 are declared to
be public nuisances and subject to abatement and removal in accordance with Chapter 11.48.
Citations for violations of this section shall not be issued until 24 hours have elapsed after the
placement of a notice of warning upon the offending vehicle or the concerned property when
access to the vehicle is denied.
7.20.150 Vehicles used for outdoor advertising. A. It is unlawful for any person
to park any vehicle, whether licensed or not, upon private property in any location visible
from any public street, highway or alley when such vehicle has upon it, within it or attached to
it any sort of sign or advertising device that would in any way render that vehicle inoperable
under the provisions of the California Vehicle Code; or which diverts the attention of any
1999 Ordinance
5
Outdoor Activities
and Enforcement
vehicle operator on any adjacent roadway or limits the field of vision of such operator or any
pedestrian. Illuminated signs of any sort, animated displays, or message boards on such
vehicles are prohibited.
B. Vehicles found to be in violation of this section may be seized, impounded and
held until the violation has been prosecuted.
Section 4.
read as follows:
That Title 7, Chapter 7.32 is amended by amending Section 7.32.020 to
7.32.020 Persons charged with enforcement of this title. A. Unless otherwise
specified, it is the responsibility of the code conformance officer to enforce all the provisions
of this Title 7 of the National City Municipal Code. In addition, the city manager may
designate and assign administrative responsibilities for enforcement activities to any of the
city's departments to fully utilize available manpower, expertise and resources.
(B and C - no change).
PASSED and ADOPTED this day of 1999.
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
George H. Waters, Mayor
1999 Ordinance
Outdoor Activities
and Enforcement
ORDINANCE AMENDING TITLE 7, CHAPTER 7.10, 7.20, 7.32 OF
THE MUNICIPAL CODE REGULATING GARBAGE AND RUBBISH
CONTAINERS, OUTDOOR ACTIVITIES AND ENFORCEMENT
This amendment would accomplish the following:
• The Code currently limits the capacity of garbage or rubbish containers placed for
collection to no more than 40 gallons. The amendment eliminates that restriction but
states that such containers shall be as provided by the City rubbish collection
contractor.
Formalizes current recycling procedures.
• Clarifies that it is the duty of the property owner to provide and install a trash
enclosure for any commercial/industrial/institutional or multi -family residential use.
This will strengthen our enforcement capabilities.
• Exempts properties from the trash enclosure requirement, if their trash receptacles
have a cumulative capacity of 90 gallons or less. The current maximum is 60 gallons.
Council had asked that this be reviewed during the St. Anthony's variance
modification hearing.
• Clarifies Title 7's requirements regarding runoff from construction sites
• Tightens the restriction on residing or camping in a recreational vehicle by making it
unlawful to occupy one for more than ten consecutive minutes between the hours of
2:00 a.m. and 6:00 a.m.
• Repeats existing language in the Code regarding signage on vehicles.
• Adds the words "unless otherwise specified" where it states it is the responsibility of
the Code Conformance Officer to enforce all provisions of Title 7.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE Ari9ust 24, 1999
AGENDA ITEM NO.
9
(-ITEM TITLE AN ORDINANCE AMENDING THE NCMC BY AMENDING TITLE 6 BY REPEALING CHAPTERS 6.46, 6.48 AND 636
REGARDING BUSINESS LICENSES AND REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28 REGARDING PROPERTY
CONSERVATION AND COMMUNITY APPEARANCE; AMENDING TITLE 9, CHAPTER 9.06 REGARDING FOOD VENDING VEHICLES;
AMENDING TITLE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE, MORALS AND SAFETY; AND TITLE 11, CHAPTER 11.32
REGARDING VEHICLES AND TRAFFIC
PREPARED BY Rudolf Hradecky, Esq.
EXPLANATION
PARTMENT
City Attorney
See attached staff report.
This proposed revision has been coordinated with the Police, Planning and Engineering Departments.
Environmental Review
Financial Statement
No financial impact.
X N/A
Account No.
STAFF RECOMMENDATION
N/A
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Staff report and proposed ordinance.
Resolution No.
A-200 (9/80)
STAFF REPORT
AN ORDINANCE OF THE CITY COUNCIL OF '1'LIE CITY OF NATIONAL
CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
TITLE 6 BY REPEALING CHAPTERS 6.46, 6.48 AND 6.56 REGARDING BUSINESS
LICENSES AND REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28
REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE;
AMENDING TITLE 9, CHAPTER 9.06 REGARDING FOOD VENDING VEHICLES;
AMENDING TITLE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE,
MORALS AND SAFETY; AND TITLE 11, CHAPTER 11.32
REGARDING VEHICLES AND TRAFFIC
PURPOSE
This proposed ordinance will consolidate and coordinate the numerous regulations and
restrictions governing commercial activities in public venues. Currently there are a variety of
restrictions contained throughout Titles 6, 7, 9, 10 and 11. The scattering effect has made
enforcement more difficult. Consolidation is proposed to simplify administration, clarify any
ambiguous or archaic language, and update the restrictions to be compatible with intervening
court decisions impacting public venue regulation.
BACKGROUND
The Municipal Code regulates itinerant vendors (peddlers), billposting, handbill distribution,
various vending from vehicles, solicitation, sidewalk vending and pushcart vending. Over the
years, the approach has been to focus on a particular problem rather than on generic issues.
Consequently, there is some internal code inconsistency that has promoted debate over
interpretation or enforcement. Staff identified additional areas for integration into a more
cogent structure.
One basic approach to internal consistency has been to limit all mobile or transitory vending to
a maximum of ten (10) minutes at any location. Presently, the various restrictions do not
explicitly prohibit vending vehicles from selling in commercial zones or areas. For example,
Section 11.32.150 currently allows food or merchandise to be vended from a vehicle while
lawfully parked anywhere in the city after being hailed by a prospective purchaser. In reality,
however, when such activity occurs, it is probably because the vehicle has first parked and
customers have then approached the vendor. Therefore, it is necessry to require the vendor to
relocate at least 300 feet away.
As will be discussed separately under "Options," the Council may wish to choose alternates to
the recommendations.
Staff Report
Titles 6, 7, 10 and 11
The proposed revisions are outlined below in a generic subject matter style:
HANDBILLS. ITINERANT VENDORS AND SOLICITORS. The conduct to be regulated
here is focused mainly on those individuals who engage in itinerant commercial activity either
by selling merchandise or distributing handbills or billposting. Closely related to this is a form
of itinerant solicitation by which a commercial transaction will occur, though no goods are
sold or traded. The current codes are in Chapters 6.46, 6.48, 6.56, and in Sections 7.20 and
7.20.075. We recommend they be repealed. Court decisions have tended to regard such
activity in public venues as a form of "expressive activity" which we can regulate in a content
neutral manner. While we can not prohibit handbill distribution, we can prohibit billposting
on public property. We can also require handbills to be appropriately weighted to prevent
being blown about.
In consultation with the Police Department, it is no longer considered advisable to issue an
itinerant vendor permit in order to avoid official imprimatur that a background investigation
has been conducted or that the vendor has been endorsed by the city. In reality, such a permit
could actually facilitate a crime against property, rather than the opposite. This will also
minimize any litigation risk to the City.
To accomplish regulation consistent with the above in a content neutral manner, we propose
replacing the repealed sections with amendments to Sections 7.28.010 and 7.28.050 which will
accomplish the foregoing, and adding new Sections 10.22.030, 10.22.040 and 10.22.060, to
require commercial itinerant vendors and handbill distributors to have photo identification and
business licenses.
FOOD VENDING VEHICLES. Section 4 of the proposed ordinance amends Section
9.06.030 to make consistent changes to the time and location requirements for food and other
vending vehicles. Sales would be retricted to a maximum of ten (10) minutes at any location.
OPTION
The Council may direct additional restrictions be made on commercial food or merchandise
vending on streets in commercial areas only, or be restricted to residential districts only, or
that time limitations in either commercial or residential districts be modified from a ten (10)
minute maximum. The Council may also allow mobile food vending vehicles to park in the
public streets only in industrial areas and vend food products.
PUBLIC VENUE SALES AND SOLICITATION --VEHICLES AND PUSHCARTS. Section
5 expands Chapter 10.22 to comprehensively regulate all sales and solicitation activity on
public property and public venues.
1. A "purpose and intent" section is added to establish these regulations as an
exercise of the City's police power regarding traffic and public safety.
2. A general prohibition in Section 10.22.020 is added to prohibit itinerant
vending, solicitation or sales of merchandise or newspapers to persons in vehicles, or vice
versa, for traffic safety.
Staff Report
Titles 6, 7, 10 and 11
3. Newspaper sales activity is further regulated to prohibit itinerant sales on the
streets and street medians, but allows newspapers to be sold by itinerants anywhere else. The
City does not regulate newsracks now, and the proposal allows newsracks to be installed
without a permit when specified conditions are met; otherwise, an encroachment permit is
applicable. (This has been coordinated by Engineering and reviewed with the circulation
departments of the Union Tribune, Reader and Star News).
4. The existing provisions of Section 10.22.030 regarding solicitation in
commercial parking areas of large retail centers has been reinforced by adding an exemption
for "modest retail establishments" as recognized by the courts.
5. Clearer and more comprehensive definitions have been added in Section
10.22.010 for terms that are used throughout Chapter 10.22.
6. To take into account and restrict charitable solicitations by non-profit groups on
the public streets and property, we propose to allow this as an exemption from the prohibition
against commercial vending in those venues, provided any premium offered for a donation is
in fact made available for the donation of the donor's choice versus a suggested "donation"
which substitutes for the sales price of merchandise. This thereby allows "expressive activity"
to occur in the public venue without commercial overtones. It also constitutes a balance
between protected free speech activities (including fund raising) and the legitimate right of the
City to prevent use of public property for private commercial purposes.
7. Section 10.22.045 restricts vending vehicles to a maximum of ten (10) minutes
at any location for sales of food and merchandise, and requires relocation to a spot at least 300
feet away, thereby requiring displacement.
8. Section 10.22.050 retains but amplifies the current regulations on pushcart
vending (Section 11.32.150). Currently, pushcarts are permitted with a permit issued by the
City Council for a specific sales location. The revisions are made merchandise neutral and
would prohibit sales activities without a permit issued by the City Council on streets,
sidewalks, or public property. Health and sanitation regulations are added. The vendor would
not be allowed to stop at any location for more than ten (10) minutes. This is consistent with
the restrictions on other vending vehicles, ice cream trucks, etc.. (To our knowledge, no
pushcart permits have ever been issued).
OPTION
The Council has the option of totally prohibiting sales from push carts altogether, or to restrict
permissible vending areas only to residential districts, or to retain the specific location
provisions and allow. the pushcart to remain in that designated place all day, or only for
periods designated within the permit.
TRAFFIC PARKING REGULATIONS. Corresponding changes are made to Section
11.32.150 to make it unlawful to park vending vehicles on a street for purposes of sale, except
for a period not to exceed ten (10) minutes. This parallels the prohibition against vending
from a parked vehicle in Section 10.22.045, not to exceed ten (10) minutes. (If the Council
modifies commercial street vending in 7Ytle 10, a corresponding change would need to occur
here also). Additionaly the vendor must relocate to a spot at least 300 feet away for any
succeeding transaction.
3
Staff Report
Titles 6, 7, 10 and 11,
ORDINANCE NO.99-
AN ORDINANCE OF 'HIE CITY COUNCIL OF THIN: CITY OF NATIONAL
CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
1'TiLE 6 BY REPEALING CHAPTERS 6.46, 6.48 AND 6.56 REGARDING BUSINESS
LICENSES AND REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28
REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE;
AMENDING TITLE 9, CHAPTER 9.06 REGARDING FOOD VENDING VEHICLES;
AMENDING TITLE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE,
MORALS AND SAFETY; AND TITLE 11, CHAPTER 11.32
REGARDING VEHICLES AND TRAFFIC
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 6 is amended by repealing Chapters 6.46 (Handbills), 6.48
(Peddlers and Solicitors), and 6.56 (Peddlers).
Section 2. That Title 7, Chapter 7.20 is amended by repealing Sections 7.20.070
(itinerant vendors, peddlers and solicitors) and 7.20.075 (outdoor display of goods prohibited) and
amending Section 7.20.020 (billposting) by deleting the words in text "See Chapter 7.26," and
substituting for the deleted words, the words "See Chapter 7.28."
Section 3. That Title 7, Chapter 7.28 is amended by repealing Sections 7.28.020,
7.8.030 and 7.28.040, and amending Sections 7.28.010, 7.28.050 and 7.28.060 to read as follows:
7.28.010 Definitions. The term "handbill" used in this Chapter 7.28 means any
material of paper, cloth or similar lightweight fabric upon which printed material or graphics, or
both, is placed. The term "handbill" includes objects commonly known as posters, billposters,
"dodgers," circulars, leaflets and the like, which are typically used to provide information or
advertise an event or sale. It does not include any medium regulated by Chapter 18.62.
7.28.020 [Reserved]
7.28.030 [Reserved]
7.28.040 [Reserved]
7.28.050 Handbill --restrictions. A. Except as provided in Section 7.28.O5OB, it is
unlawful to post, paste, staple, nail, stamp or otherwise affix a handbill to or to paint any message
upon any sidewalk, street, street tree, utility pole or box, hydrant, trash receptacle, bus or public
bench, any other public property or building, or upon the side of any building which abuts a public
right-of-way.
B. The prohibitions of Section 7.28.O5OA do not apply to public safety or traffic safety
signs, or to identification data or identification tags placed by an owner or a public agency upon
property it owns or controls, or to signs lawfully posted on private property in conformity with Title
18 of this code.
C. The restrictions of Section 7.28.O5OA are equally applicable to the distribution of
handbills on private property by persons other than the owner of the property. Handbills deposited
on private property shall be weighted down or so placed so as to prevent being blown about by
wind.
D. Nothing contained in this section shall be deemed to supersede or modify the
requirements of Chapter 18.62 regulating outdoor sign displays.
7.28.60 Removal and costs required. Handbills posted in violation of Section
7.28.O50A are subject to summary removal by the owner of the affected object, property or structure
upon which the handbill is affixed, or by the City Manager or designee. The costs of removal may
be assessed in accordance with law against the party responsible for the violation. It shall be
rebuttably presumed that any person, principal or organization whose message is displayed on the
handbill or which benefits from the message displayed upon the handbill is the party responsible for
the costs of removal.
Section 4. That Title 9, Chapter 9.06 is amended by amending Section 9.06.030 to read as
follows:
9.06.030 Food vending vehicles —parking and stopping regulations. A. It is unlawful
to stop or park a food vending vehicle on a public thoroughfare for the purpose of preparing, selling,
giving away, displaying or offering for sale any food or beverage product except in a residential
district defined in Vehicle Code Section 515 and except for a period of time sufficient to
consummate an immediate sale or sales, not to exceed ten minutes at that location or at any
immediately succeeding location which is within 300 feet of the former location where the vendor
completed the immediate last transaction.
B. It is unlawful to stop, park or cause any food vending vehicle to remain on any
public property except pursuant to the order of a lawful authority or for the purpose of making
emergency repairs to the vehicle; in no event shall any person sell or give away any food or
beverage product from a food vending vehicle while on any public property other than a
thoroughfare in a residential district as defined in Vehicle Code Section 515.
C. It is unlawful to stop, park or cause a food vending vehicle to remain on any private
property for the purpose of selling, giving away, displaying or offering for sale any food or beverage
product to any person other than the owner of such property or his agents, customers or employees.
1999 Ordinance 2 Titles 6, 7, 10 and 11
Section 5. That Chapter 10.22 is amended by amending the heading, the table of
contents and Sections 10.22.010, 10.22.020, 10.22.030 and 10.22.040, and adding Sections
10.22.005, 10.22.025, 10.22.045, 10.22.050, 10.22.060, 10.22.070 and 10.22.080, all to read as
follows:
Chapter 10.22
SALES ACTIVITY AND SOLICITATION FROM OR
AFFECTING VEHICLES, TRAFFIC, PUBLIC PROPERTY
AND AREAS, AND COMMERCIAL PARKING AREAS
Sections:
10.22.005 Purpose and intent
10.22.010 Definitions
10.22.020 Prohibition of solicitation, distribution or sales affecting vehicles in
public right-of-way
10.22.025 Sale of newspapers upon public sidewalks, rights -of -ways and public
property --regulated
10.22.030 Prohibition of solicitation in unauthorized locations within commercial
parking areas
10.22.040 Sale of merchandise upon public sidewalks, right-of-ways and public
property --prohibited
10.22.045 Vending from vehicles on public streets or private property --regulated
10.22.050 Vending from pushcarts --regulated
10.22.060 Door to door solicitors and advertising --regulated
10.22.070 Violation --penalty
10.22.080 Enforcement
10.22.005 Purpose and intent. The City Council finds and determines that in order
to protect the public health, welfare and safety, promote the orderly and safe flow of traffic,
enhance pedestrian safety, and maintain community aesthetics, it is appropriate to regulate
certain types of public vending and solicitation activities. The objective is to improve public
safety and eliminate hazards to pedestrians and vehicles. The City Council therefore enacts the
regulations of this Chapter 10.22 in an organized, comprehensive, content -neutral "time, place,
manner," fashion, in order to promote and obtain those goals and objectives.
10.22.010 Definitions. For the purposes of this chapter 10.22, the following
meanings shall apply:
A. "Solicit" or "solicitation" means an act by which the availability of goods, labor,
services, money, merchandise or similar mediums of commerce, barter or exchange is made
known to, or is requested of or from, other persons. It can include words, physical gestures, or
passive or animated displays upon or through which a message is displayed. As defined herein, a
solicitation shall be deemed complete when made whether or not an actual employment
relationship is created, a transaction is completed or an exchange takes place.
1999 Ordinance
Titles 6, 7, 10 and 11
B. "Employment" means and includes services, industry or labor performed by a
person for wages or other compensation under any contract of hire, written, oral, express or
implied.
C. "Merchandise" means any tangible object of nominal or value greater than one
cent ($.01), including but not limited to food, goods, flowers, beverages or iced flavors, but
excluding "newspapers" defined in Subsection D.
D. "Newspapers" means and includes any journal, newspaper of general or limited
circulation, periodical, magazine or other multi -page printed material that is not a "handbill" or
part of the graphics on a container.
E. "Pushcart" means any non -self-propelled wagon or platform on wheels, including
a bicycle or tricycle, which is not required to be registered under the California Vehicle Code.
F. "Solicitor" or "attendant" means an employee or agent of a principal, or the
principal, who solicits or sells as defined in this section.
G. "Handbill" means any material of paper or similar lightweight material typically
of a single page used to advertise an event or sale, which is capable of being blown about by the
elements if not securely fastened.
H. "Commercial parking area" means privately owned property designed or used
primarily for the parking of vehicles, which adjoins one or more shopping centers, malls, or
commercial establishments. It excludes the parking area of a "modest retail establishment."
I. "Shopping center," as defined in Section 18.04.596 and as used in this Chapter
10.22, means a group of commercial establishments planned and developed, owned or managed
as a unit, and related in location, size, and type of shops to the trade area which the unit serves
with off-street parking and loading provided on the property. Typically, shopping centers may
include but are not limited to a combination or complex of grocery, drug, mercantile, restaurant
and similar shops and retail establishments which cater to the public at large. They can be
characterized as a shopping area which members of the public at large may frequent, without an
apparent specific purpose or intent to purchase specific goods or services from a predetermined
supplier or purveyor. "Shopping center" excludes a "modest retail establishment".
J. "Modest retail establishment" means a commercial parcel of less than 20,000
square feet in area which consists of and is used primarily for medical, dental, office, banking or
similar professional suites and services or for specific retail services, and the parking areas of
which are intended for and restricted to the tenants, employees and specific clientele of those
businesses —and not the public at large.
10.22.020 Prohibition of solicitation, distribution or sales affecting vehicles in public
right-of-way. A. It is unlawful for any person, while standing in any portion of the public right-
of-way, including but not limited to public streets, sidewalks and driveways, to solicit or attempt
to solicit from, or to sell, distribute or attempt to sell or distribute merchandise, newspapers or
handbills to any person traveling in a vehicle along a public right -of way.
B. It is unlawful for any person, while traveling as the occupant or driver of any
vehicle, to solicit or attempt to solicit from, or to sell, buy, distribute or attempt to sell to or buy
or distribute merchandise, handbills or newspapers from any person who is within the public
right-of-way, including but not limited to a public street, sidewalk, or driveway.
1999 Ordinance
4 Titles 6, 7, 10 and 11
10.22.025 Sale of newspapers upon public sidewalks, rights -of -ways and public
property --regulated. A. It is unlawful for an itinerant vendor to sell newspapers from any
portion of a street or from the median separating opposing lanes of vehicular traffic.
B. The sale of newspapers to pedestrians by itinerant vendors upon public sidewalks,
public property (other than streets or medians separating opposing lines of vehicular traffic) or
public parks is not regulated or prohibited by this chapter 10.22.
C. Stationary newsracks that display only newspapers for sale may be located upon
public sidewalks without a permit provided the following rules regarding placement are
observed:
1. The newsrack contains the name, date of installation, address, and phone
number of the person or entity responsible for its distribution, maintenance and refund of
coinage;
2. The sponsoring entity provides a certificate of insurance to the City
Engineer certifying that the sponsor has a minimum one million dollars ($1,000,000) of
comprehensive general liability insurance in effect covering the installation.
3. Dimensions. Positioning and Condition:
a. The newsrack does not exceed a maximum dimension of 60 inches
in height, 30 inches in width and 24 inches in depth;
b. Newsracks may be placed next to each other, provided that no
group containing more than five (5) newsracks shall be placed along a curb.
c. The edges of the newsrack shall be designed to avoid injury or
danger to sight disabled or wheelchair users.
d. The newsrack may be affixed to the sidewalk by means of
removable mounting bolts or fasteners;
e. No newsrack will be chained, bolted, or otherwise attached to any
fixture in the public right-of-way;
f. The newsrack is kept painted, free of graffiti, handbills, rust and
corrosion and in an operable condition at all times.
4. Content:
a. Any newsrack containing printed material which openly displays
"specific anatomical areas", as defined in Section 18.69.020, shall be covered with an opaque
material (or blinder rack) to obscure public display of the specified anatomical areas;
b. Except when located in an area that excludes minors, any newsrack
containing "harmful matter" defined by Penal Code Section 313 shall be attended by an adult, in
order to prevent a sale or display to a minor in violation of Penal Code Section 313.1.
5. Location:
a. The newsrack is not located in front of any display window or the
door of a building abutting a sidewalk;
b. No portion of the newsrack projects into a distance of eighteen
inches measured from the edge of the curb line, nor more than six inches (6") from any
building;
c. The clear unobstructed path of travel on the adjacent sidewalk is
not less than four (4) feet measured horizontally, perpendicular to the curb line or street line,
from the closest projecting edge of the newsrack to an opposing building, structure or utility
cabinet or poles;
1999 Ordinance
5
Titles 6, 7, 10 and 11
d. The newsrack is not within one hundred (100) feet of any other
newsrack on the same side of the street in the same block containing the same publication;
e. The newsrack is not located on one side of a sidewalk directly
opposite another newsrack;
f. The newsrack is not within five (5) feet of a disabled person's
parking space (curb painted blue) in accordance with the California Vehicle Code Section 21458;
g. The newsrack is not within five (5) feet of any marked crosswalk,
or within ten (10) feet of any curb return;
h. The newsrack is not within five (5) feet of any driveway top curb
opening;
i. The newsrack is not within five (5) feet ahead of or fifteen (15)
feet to the rear of a bus -stop sign, or within five (5) feet of the edge of a bus bench;
j. The newsrack is not within five (5) feet of a fire hydrant, or within
the intersections of sidewalks.
k. A newsrack may be mounted on a removable concrete slab on any
portion of unimproved public right-of-way behind a sidewalk's furthest edge from the curb in
order to observe the restriction of this Section 10.22.025(C)(5). The slab shall be of minimum
dimensions of 24 x 30 inches horizontally and 4 inches in thickness. The slab must be removed
when the newsrack is removed.
D. Newsracks that do not comply with Section 10.22.025C shall not be installed on
public sidewalks or the adjoining parkway except upon the issuance of an encroachment permit
by the City Engineer, who will be the enforcement and administration authority for this section.
The permit application form will be as developed by the City Engineer. The permit fee will be
as established in the National City Fee Schedule. No newsrack may be installed on other public
property without an encroachment permit. An encroachment permit will not be issued if the
proposed placement presents a fair risk of injury to persons or an adverse impact upon public
convenience and safety, or if the placement hinders the reasonable use of the public right-of-way.
E. It is unlawful to remove a newsrack for more than 72 hours unless the sidewalk or
curb is restored to original condition, and all mounting holes filled in or mounted bolts are
ground flush to the sidewalk surface.
F. Newsracks that are installed without a permit and which do not comply with
Section 10.22.025C are subject to summary removal and impound storage at the expense of the
exhibitor.
G. The City Manager or designate may relocate a newsrack temporarily when public
work is necessary at the location. The costs of relocation and reinstallation shall be borne by the
owner or permitee, which shall be a condition to the issuance of any encroachment permit or
placement without a permit under this section.
H. Operators of existing newsracks shall be allowed a grace period of ninety (90)
days following adoption of this section in which to comply with the requirements of this Section
10.22.025.
I. Allowing a newsrack to remain empty for a period of 30 consecutive days
establishes a rebuttable presumption of abandonment and provides a basis for removal or
revocation of the encroachment permit. The City Engineer shall communicate to the newsrack
operator in writing giving advance notice of action proposed under this section.
1999 Ordinance
6 Titles 6, 7, 10 and 11
J. A permittee or applicant may appeal to the City Manager any action taken by the
City Engineer in enforcement of this section by filing with the City Manager a statement within
two (2) working days of such action setting forth grounds for the appeal. The City Manager may
affirm, overrule, or modify the action of the City Engineer. Notice of such action will be given
to the applicant in person or in writing. Similarly, any action taken by the City Manager may be
appealed to the City Council by filing a statement with the City Clerk within five (5) calendar
days after receipt of the written notice.
10.22.030 Prohibition of solicitation in unauthorized locations within commercial
parking areas. A. It is unlawful to solicit or attempt to solicit within a commercial parking area,
except within an area authorized by the property owner for solicitation. This section shall not be
construed to apply to solicitation to perform employment or business for the owner or lawful
tenants of the subject premises.
B. This section shall only apply to commercial parking areas where the following
exists:
1. The owner of the commercial parking area has established a written policy
which provides area(s) for lawful solicitation in locations which are accessible to the public and
do not interfere with normal business operations of the commercial premises;
2. A copy of the policy has been submitted to the city manager to be maintained
in city files; and
3. The owner of the commercial parking area has posted a notice in a
conspicuous place at each entrance to the commercial parking area of not less than eighteen by
twenty-four inches in size with lettering not less than one inch in height and not to exceed in total
area, six square feet. The notice shall be in substantially the following form:
It is a misdemeanor to engage in the solicitation of employment,
business or contributions of money or other property in areas of
this commercial parking lot that are not approved for such activity
by the property owner.
C. Where the commercial parking area is part of a modest retail establishment, the
proscriptions of Section 10.22.030A shall apply without the need for compliance with the
requirements of Section 10.22.030B
10.22.040 Sale of merchandise upon public sidewalks, rights -of -ways and public
property --prohibited. A. Except upon the issuance of a permit issued pursuant to Chapter 15.60
or as provided in Section 10.22.040(B), it is unlawful to sell or display any merchandise upon or
within a public sidewalk or right-of-way, any public park or any other public property.
B. The display of merchandise, whether with or without graphics or lettering, or both,
by an organization or an attendant or solicitor on behalf of an organization as part of its first amend-
ment protected expressive activity will not violate Section 10.22.040(A) as merchandise displayed
for sale, provided all the following apply:
1. At least one sign with a minimum dimension of twelve by eighteen inches
(12" x 18") is prominently displayed at the center of the display site bearing language in English in
letters of at least 1/2 inch in height that announces the following:
1999 Ordinance
7
Titles 6, 7, 10 and 11
"All merchandise on display is not for sale, but is available upon donation in an
amount of the donor's choice."
To be prominently displayed, the sign must be at an eye level of between a minimum of three
(3) feet to a maximum of six (6) feet and be clearly visible in its entirety from the sidewalk or right-
of-way from a distance of at least ten feet (10') to any prospective donor or passerby.
2. All other signs at the site of display are restricted to a maximum size of
twelve inches by eighteen inches (12" x 18") each.
C. it is unlawful and a misdemeanor for a solicitor or attendant to refuse to deliver
merchandise to a donor who has made a voluntary contribution for merchandise which is displayed
under Section 1O.22.O4OB by an organization which has posted the sign required by Section
10.22.040B(1).
10.22.045 Vending from vehicles on public streets or private property --regulated.
A. It is unlawful to sell from or display merchandise for sale or lease upon vehicles
upon public streets except when fully stopped upon the request of a customer, and then only for the
period of time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that
location or at any immediately succeeding location which is within 300 feet of the former location
where the vendor completed the immediate last transaction.
B. Except as provided in Section 10.22.045C, it is unlawful to stop or park any vehicle
upon private property upon or from which merchandise is sold, displayed or offered for sale or lease
where the sale or display of the merchandise itself would violate the zoning restrictions of Title 18
of this code applicable to the property without regard to the use of the vehicle as a means of display.
C. With the permission of the owner or lessee of developed private property, sales of
merchandise from vehicles by a vendor properly licensed pursuant to Chapter 6.04 may be made
to that owner's or lessee's tenants and employees.
D. The provisions of Chapter 9.06 pertaining to health and sanitation are applicable
to the vending and display of food products, including ice cream, from vehicles.
10.22.050 Vending from pushcarts —regulated. A. It is unlawful to sell merchandise
from a pushcart except pursuant to a permit issued by the City Council. An identifying decal issued
by the Finance Director shall be affixed to each licensed pushcart.
B. Sales of merchandise from pushcarts shall be conducted according to the
following regulations:
1. Food and beverage products offered for sale from a pushcart must be stored
and maintained, and, when applicable, refrigerated, in accordance with the health and sanitation
regulations contained in Chapter 9.06 of this Code and the regulatory codes of the County of San
Diego.
2. The original, if as a sole proprietor, or a photo copy if as an employee, of the
pushcart permit and a current business tax license issued pursuant to Chapter 6.04 of this code shall
be carried on the person while conducting the business of sales of merchandise.
3. An employee shall carry a letter of identification from the employer
authorizing the employee to represent the employer and possesses the photocopy described in
Section 1O.22.O50(B)(2).
4. A photo identification card, such as a driver's license or other means of
identification, shall be carried on the person for verification of subsections B 1 and B2.
1999 Ordinance
Titles 6, 7,10 and 11
5. Merchandise shall not be sold or displayed from a pushcart on the streets,
sidewalks, or other public property. Sales shall only be made upon the request of a customer and
only for the time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that
location or at any immediately succeeding location which is within 300 feet of the former location
where the vendor completed the immediate last transaction.
C. Sales on private property shall be made only at the express request of the owner or
lessee of that property.
D. Violations of this section shall be an infraction for the first offense, and a
misdemeanor thereafter.
10.22.060 Door to door solicitors and advertising —regulated. It is unlawful for an
itinerant vendor or any person conducting business by door to door sales of merchandise or
distribution of handbills to fail to observe the following requirements:
A. The original, if as a sole proprietor, or a photo copy if as an employee, of a current
business tax license issued pursuant to Chapter 6.04 of this code shall be carried on the person while
conducting the business of sales of merchandise or distribution of handbills.
B. Each employee shall carry a letter of identification from the employer authorizing
the employee to represent the employer and possesses the photocopy described in Section
10.22.060(A).
C. A photo identification card, such as a drivers license or other means of identification,
shall be carried on the person for verification of subsections A and B.
D. Entry upon private property that is clearly posted against trespassing, solicitation or
peddling is prohibited.
E. Sales or display of merchandise upon public sidewalks is prohibited.
F. Sales of merchandise which requires refrigeration, including eggs, is prohibited.
G. Sales of merchandise may be made upon private property only upon the request or
invitation of the property owner or tenant in lawful possession.
H. Handbills must be placed so as to prevent being blown away by the elements as
litter.
I. Vendors shall not remain on private property any longer than one minute, or the time
actually necessary to consummate a sale of merchandise, whichever is greater.
J. Vendors must immediately leave private property upon request of the property
owner or agent.
10.22.070 Violation --penalty. Any person violating any provision of this chapter is
guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by
imprisonment not to exceed six months, or by both such fine and imprisonment.
10.22.080 Enforcement. A. Non-perishable merchandise vended or displayed in
violation of this Chapter 10.22 is subject to impoundment as evidence, and a receipt shall be
provided to the vendor following citation and impoundment.
B. The provisions of this Chapter 10.22 may be enforced by any police officer, any
Code Conformance Officer, or any other official authorized to enforce any other provision of the
municipal code.
1999 Ordinance
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Titles 6, 7, 10 and 11
Section 6. That Chapter 11.32 is amended by amending Section 11.32.150 to read
as follows:
11.32.150 Unlawful parking —vending by vehicle. A. It is unlawful on any street,
except in a residence district defined in Vehicle Code Section 515, to park or stop a vehicle upon
which merchandise is displayed or offered for sale or lease, except upon the request of a
purchaser and then only for the actual time necessary to consummate a sale, not to exceed a total
of ten (10) minutes at that location or at any immediately succeeding location that is within 300
feet of the former location where the vendor completed the immediate last transaction.
B. The pick-up or delivery of merchandise is not regulated or made unlawful by this
Section 11.32.150.
C. The parking of a vehicle upon which merchandise is transported but is not being
displayed or offered for sale is not made unlawful by this Section 11.32.150, provided the vehicle is
otherwise lawfully parked.
D. As used in this section, "merchandise" is as defined in Section 10.22.010C.
Section 7. Constitutional severability. The City Council declares that the
judicially declared invalidity of any section or portion of this ordinance or the chapters or
sections of chapters thereby adopted shall not affect the validity of any other remaining
section or portion; that the Council would have adopted each of those remaining portions,
notwithstanding any later declared invalidity. If any provision determined invalid under the
preceding sentence can either be severed or judicially interpreted in a way that could
harmonize it with the remaining provisions, then it may be severed or be judicially
interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to
the remaining provisions of this ordinance
PASSED and ADOPTED this day of , 1999.
At LEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
City Attorney
George H. Waters, Mayor
1999 Ordinance
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Titles 6, 7,10 and 11