HomeMy WebLinkAbout1999 02-09 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - FEBRUARY 9, 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 MEETINGS OF JANUARY 26,
1999 AND FEBRUARY 2, 1999.
COUNCIL AGENDA
2/9/99 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. 99-17
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with the Maytime Band Review Corporation. (City
Manager)
2. WARRANT REGISTER #31. (Finance)
Ratification of Demands in the amount of $120,187.13.
Certification of Payroll in the amount of $491,567.18.
ORDINANCE FOR ADOPTION
3. An Ordinance of the City Council of the City of National City amending Title 10
of the National City Municipal Code by adding Chapter 10.23 regulating public
transportation. (City Attorney)
NEW BUSINESS
4. An update to Council regarding civil injunction (gangs). (Police)
COUNCIL AGENDA
219/99 Page 3
NEW BUSINESS (Cont.)
- 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
2/9/99 Page 4
NEW BUSINESS (Cont.)
ADJOURNMENT
Adjourned Regular Meeting - Consideration of Cablecasting of City Council
Meetings - February 11, 1999 - 3:00 P.M. - Large Conference Room - Civic
Center.
Next Regular City Council Meeting - February 16, 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
MEETING DATE February 9, 1999
AGENDA ITEM NO. 1
t- ITEM TITLE
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND MAYTJ E BAND
REVIEW
PREPARED BY Park Morse, AC
EXPLANATION.
DEPARTMENT City Manager
The Maytime Band Review Corporation has requested funding appropriated in the 1998-99 Fiscal
Year budget. A proposed Agreement has been submitted for consideration and adoption. The
Agreement proposes $13,000 in compensation in return for the various advertising services
provided by the Corporation. Insurance and the City's ad in the Program are covered within this
amount.
As you may recall, during the preliminary budget hearings this year, Council allocated an
additional $3,000 to the Maytime Band Review budget to cover the cost of a second set of judges
to help expedite the speed of the parade. Therefore, this year's agreement is up $3,000 over last
year's.
X
Environmental Review N/A
Financial Statement
Funds in the amount of $13,000 are b d! et; in Account 001-409-000-650-9002 (Maytime Band
Review)
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
2. Letter & Proposed Contract
Resolution No 99-17
A•200 1 R. 9/801
RESOLUTION NO. 99-17
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE MAYTIME BAND REVIEW CORPORATION
WHEREAS, the Government Code of the State of California authorizes
the City to spend funds for promotional activities; and
WHEREAS, the Maytime Band Review Corporation has special expertise
and knowledge in sponsoring the annual Maytime Band Review, which publicizes
and promotes the City of National City; and
WHEREAS, the City of National City desires to enter into an agreement
with the Maytime Band Review Corporation to direct and sponsor the 1999
Maytime Band Review, for the sum of $13,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an agreement with
the Maytime Band Review Corporation to direct and sponsor the 1999 Maytime
Band Review. Said Agreement is on file in the Office of the City Clerk.
PASSED AND ADOPTED this 9th day of February, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. "Esser, Ill
City Attorney
PHONE: (619) 475-6124
FAX: (619) 475-6124
January 25, 1999
Mr. Tom McCabe, City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
Dear Tom:
P.O. BOX 1298
NATIONAL CITY, CA 91951
Enclosed is our City Advertising Contract for 1998-99 in
accordance with the budgeted amount for the 1999 Maytime Band
Review.
As stated in the contract, we will bill the City in three
installments after the contract is officially adopted by the
City Council.
The 52nd Annual Maytime Band Review will take place on Saturday,
May 1, 1999.
Respectfully submitted,
Edith A. Hughes
Executive Director
CONTRACT BETWEEN CITY OF NATIONAL CITY
AND
MAYTIME BAND REVIEW CORPORATION
THIS AGREEMENT, entered into this day of
1999 by and between the City of National City, California, a municipal
corporation in the County of San Diego, State of California,
hereinafter designated as "City" and Maytime Band Review Corporation,
an association, hereinafter designated as "Advertiser".
WITNESSETH
WHEREAS, Advertiser has special experience and knowledge in
directing and sponsoring the Annual Maytime Band Review for the
City of National City, and
WHEREAS, it is the desire of the City to employ said Maytime
3and Review Corporation as its agent for the purpose of advertising
the City, all pursuant to the Government Code of the State of
California, and
WHEREAS, it has been found by said City that the annual Maytime
3and Review will publicize and advertise said City, the City Council
3oes further find and does hereby determine that the expenditure
pf the sum of $13,000.00 for the conducting of the Maytime Band Review
s proper for the purpose hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That the City hereby agrees to pay Advertiser the sum of
;13,000.00 (thirteen thousand dollars) subject to the terms,
:onditions and restrictions imposed by the agreement;
2. City agrees to pay Advertiser said sum in three installments
pf $4,333.33 on or before March 1, and April 1, and $4,333.34 on
lay 1. All such sums paid to be substantiated by itemized statement
)f monies actually spent or liabilities incurred;
3. That said sum includes funds required by advertiser to
furnish necessary insurance for the Maytime Band Review and for the
:ity's ad in the souvenir program;
4. That the term of this agreement shall expire on June 30,
999.
5. That it is hereby mutually agreed that no part of any money
aid by the City to Advertiser shall ever be used to pay any part
f the salaries of its officers;
6. That the advertiser will have full control and authority
n producing and putting on the Maytime Band Review. The City shall
eview and approve all parade routes and shall separately authorize
ny auxilliary use of City facilities such as parks, buildings, or
ther public property.
7. It is distinctly understood and agreed that the entire sum
aid Advertiser by City pursuant to this agreement shall actually
e paid out by Advertiser for the sole purpose of conducting the
ctivities in promoting and producing the Maytime Band Review;
8. That additional monies received from sale of souvenir program,
oncessions and bleachers over and above the cost of putting on the
aytime Band Review may be retained by the Maytime Band Review
irporation;
9. The Advertiser shall hold the City harmless in the event
any claim or suit for damages arising from the activities sponsored
7 the Advertiser during the term of this agreement.
IN WITNESS WHEREOF, said City has caused this agreement to be
executed by its Mayor and attested by its City Clerk and Advertiser
has caused this agreement to be executed by its President and its
Secretary thereto duly authorized, the day and year in this instrument
first written.
ATTEST:
City Clerk
CITY OF NATIONAL CITY
A Municipal Corporation
By
Mayor
MAYTIME BAND REVIEW CORPORATION
An Association
ByILJ .
Helen Paradowski, President
on Mye ' , Se• etary
Mailing address:
P. O. Box 1298
National City, CA 91951
City of National City, California
COUNCIL AGENDA STATEMENT
2
MEETING DATE FEBRUARY 9, .1393 AGENDA ITEM NO
ITEM TITLE WARRANT REGISTER #31
PREPARED BY Adella M. Salazar DEPARTMENT Finance
EXPLANATION.
Ratification of Warrant Register #31
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 $621,704.14
BOARD/COMMISSION RECOMMENDATION
f
ATTACHMENTS (Listed Below) Resolution No
1. Warrant Register #31
2. Worker's Comp Warrant Register dated 02/02/99
4.100 (Re. o/80)
TO:
FROM:
City of National City
Department of Finance
1243 National City Blvd., National City, CA 91950-4397
(619) 336-4267
THE MAYOR AND CITY COUNCILMEMBERS
MARIA L. MATIENZO, FINANCE DIRECTOR
SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL
REGISTER NO. 31
GENERAL FUND
TECHNOLOGY FUND
PARKS MAINTENANCE FUN
GAS TAXES FUND
P.O.S.T. FUND
SEWER SERVICE FUND
TINY TOT CLASSES FUND
CIVIC CENTER REFURBIS
CDC PAYMENTS
37,877.94
25,331.89
206.59
760.62
1,754.40
2,746.52
72.27
5,241.87
147.20
REGISTER TOTALS
PAYROLL FOR PERIOD 01/12/99-01/25/99
TOTAL
STP LOCAL/TRANSNET HI 8,844.00
OTS GRANT 34.83
TDA 2,823.03
FACILITIES MAINT FUND 19,213.46
LIABILITY INS. FUND 50.00
GENERAL SERVICES FUND 2,779.68
INFORMATION SERVICES 82.00
MOTOR VEHICLE SVC FUN 4,506.89
TRUST & AGENCY 7,613.94
120,187.13
491,567.18
611,754.31
I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY:
WARRANT NUMBERS 153427 THROUGH 153525 INCLUSIVE
EXCEPTING NONE 1801 THROUGH 1834 INCLUSIVE
ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE
BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN
THE PROPER FUNDS TO PAY SAID DEMANDS.
MAP _A L. :1ATIENZO, FINANCE
RECTOR
ar Rec}clew raper
SECOND READING OF ORDINNCE
City of National City, California -
COUNCIL AGENDA STATEMENT
EETING DATE February 9, 1999 3
AGENDA ITEM NO.
ITEM TITLE
An Ordinance of the City Council of the City of National City amending Title 10 of the
National City Municipal Code by adding Chapter 10.23 regulating public transportation.
PREPARED BY Rudolf Hradecky rv5 DEPARTMENT City Attorney f
EXPLANATION
The National City Transit has requested an ordinance to regulate patron conduct on buses,
based on incidents that commonly occur. This proposed ordinance will prohibit smoking, drinking of
alcoholic beverages, the consumption of food or non-alcoholic beverages and the introduction of toxic
and similar hazardous materials on board public transportation vehicles. It will also restrict the playing
of radios, etc., but allows earphones to be worn, provided the sound is not then audible beyond six
(6") inches from the listener.
Finally, this ordinance addresses accommodations for disabled patrons. It requires physically
capable persons to vacate seats designated for disabled patrons when a disabled person actually boards
the bus. The bus driver is not required to force compliance, but may refuse to operate the bus until the
disabled patron is accommodated.
Violation of the regulations governing hazardous materials, smoking and alcoholic beverages
are misdemeanors; all others are infractions.
This ordinance has been coordinated with the National City Transit and the Police Department.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
Adopt proposed ordinance
BOARD I COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Proposed Ordinance
Resolution No.
ORDINANCE NO. 99—
AN ORDINANCE OF 1'Hu CITY COUNCIL
OF 11:1± CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE, NATIONAL CITY
MUNICIPAL CODE BY ADDING CHAPTER 10.23
REGULATING PUBLIC TRANSPORTATION
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 10 is amended by adding Chapter 10.23 to Division III to
read as follows:
Chapter 10.23
Public Transportation
Sections:
10.23.010 Purpose and intent.
10.23.020 Definition.
10.23.030 Smoking prohibited on public transportation vehicles.
10.23.040 Consumption of alcoholic beverages —prohibited.
10.23.050 Consumption of food or beverages —prohibited.
10.23.060 Playing of radios and electronic sound producing equipment —regulated.
10.23.070 Accommodation of disabled patrons —regulated.
10.23.080 Introduction of toxic, volatile, combustible, explosive, pyrotechnic or
ha7nrdous materials —prohibited
10.23.010 Purpose. The City Council finds that it is necessary to enact regulations
governing the conduct of patrons on board public transportation vehicles within the City of
National City. Regulation is necessary to ensure the safety and accommodation of all
passengers and freedom from hazard or unnecessary noise, smoke or distraction.
10.23.020 Definition. A. "Public transportation vehicle" is any vehicle (including
ouz, owned by or operated under contract with the City of National City, the National City
Transit. or any other public agency.
B. "Alcoholic beverage" as defined by Business and Professions Code Section 23004
means "alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer and which contains one-half of I percent or more of alcohol by volume
and which is fit for beverage purposes either alone or when diluted, mixed or combined with
other substances."
Ordinance No. 99-
Page Two
C. "Revenue service" means the operation of a public transportation vehicle on a
regularly scheduled fare generating basis.
10.23.030 Smoking prohibited on public transportation vehicles. It is unlawful and
a misdemeanor to smoke or carry a lighted pipe, cigar or cigarette on board a public
transportation vehicle.
10.23.040 Consumption of alcoholic beverages —prohibited. It is unlawful and a
misdemeanor to consume an alcoholic beverage or to possess a container containing an
alcoholic beverage, the seal of which has been broken or the contents partially removed, on
board a public transportation vehicle.
10.23.050 Consumption of food or beverage —prohibited. A. It is unlawful and an
infraction to eat food or drink a non-alcoholic beverage while on board a public transportation
vehicle.
B. This prohibition shall not apply when a public transportation vehicle is not in
revenue service.
10.23.060 Playin,Qf radios and other electronic sound producing equipment—
reaulated. A. Except as provided in Section 10.23.060B, it is unlawful and an infraction to
play a. radio, cassette or CD player or any similar electronic sound producing equipment on
board a public transportation vehicle.
B. This prohibition shall not apply to equipment which is being operated and
listened to by the operator through connection to a personal earphone, provided the emitted
sound is not audible to any other person at a distance greater than six inches (6") from any
point of sound emission.
10.23.070 Accommodation of disabled 2atrons--regulated. A. It is unlawful and an
infraction for an able-bodied patron of a public transportation vehicle, upon request of the
driver or conductor, to fail to vacate a seat that is designated for and designed to accommodate
a wheelchair or other disabled patron, when a patron requiring such accommodation has
actually boarded a public transportation vehicle.
B. This section shall not be construed to create a duty upon the driver or conductor to
require any patron to vacate the designated seat. The driver may refuse to operate the vehicle
until the disabled patron is properly accommodated.
C. It shall be a defense to a violation of Section 10.23.070A that the violator was
disabled within the meaning of the Americans with Disabilities Act, (Public Law 101-336, as
codified in 42 U.S. Code Section 12101, et. seq.)
Ordinance No. 99—
'P Page Three
10.23.080 Introduction of toxic, volatile, combustible, explosive. pyrotechnic or
hazardous materials —prohibited. It is unlawful and a misdemeanor to knowingly introduce any
toxic, volatile, combustible, explosive, pyrotechnic or hazardous materials or substance on board
a public transportation vehicle.
PASSED and ADOYIIE) this day of , 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
/-3
George H. Eiser, III
City Attorney
cioniro.ocaw 1999/msecameo seine
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 02-09-99
4
AGENDA ITEM NO.
ITEM TITLE AN UPDATE TO COUNCIL REGARDING CIVIL INJUNCTION (GANGS)
PREPARED BY
EXPLANATION
Lanny B. Roark
Police Sergeant
DEPARTMENT
Police
An update to Council regarding the Civil injunction (gangs) obtained on behalf of the
City by the Neighborhood Policing Team and City Attorney's office.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
N/A
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
NONE