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2000 03-14 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, MARCH 14, 2000 - 6:00 P.M. A 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 ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 7, 2000. COUNCIL AGENDA 3/14/00 Page 2 MAYOR'S PRESENTATION MAXIMUS - "Helping Government Serve the People" PRESENTATION OAKS & ACORNS - "Connecting Seniors and Children" INTERVIEWS/APPOINTMENTS Planning Commission - Reappointment 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. 2000-19 Resolution of the City Council of the City of National City approving and adopting a final budget for Fiscal Year 1999-00. (City Manager) 2. Resolution No. 2000-20 Resolution of the City Council of the City of National City authorizing waiver of the bidding process for the purchase of the PS-SA200 PepperBall System and the Advanced Taser M26 Model 44000. (Police) COUNCIL AGENDA 3/14/00 Page 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2000-21 Resolution of the City Council of the City of National City authorizing the Mayor to execute a quitclaim deed for the release and transfer of an easement located at the southwest corner of 16th Street and National City Boulevard and authorizing the recording thereof. (Engineering) 4. WARRANT REGISTER #36 (Finance) Ratification of Demands in the amount of $380,478.92. 5. Claim for Damages: Ana Graciela Vega (City Clerk) 6. Correction to the Minutes of the regular City Council Meeting of December 7, 1999. (City Clerk) ORDINANCE FOR INTRODUCTION 7. An Ordinance amending Title 9 of the National City Municipal Code by adding Chapter 9.38 and Sections 9.38.010 through 9.38.100 pertaining to restricting the sale, display and promotion of tobacco products to minors. (City Attorney) WRITTEN COMMUNICATIONS 8. Letter from Gregory P. Beatie, Executive Director of the Boys and Girls Club, requesting permission to serve beer and wine at their 7th Annual Casino Night on April 29, 2000 from 6:00 p.m. to 11:00 p.m. COUNCIL AGENDA 3/14/00 Page 4 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 3/14/00 Page 5 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - March 21, 2000 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 MAXIMUS HELPING GOVERNMENT SERVE THE PEOPLE February 15, 2000 Mr. Tom McCabe, City.Manager City of National City 1243 Natio'Rai pity Boulevard National City, CA 91950 VIA FACSIMILE: (619) 336-4327 Dear Mr. McCabe: On behalf of MAXIMUS and our team of 80 employees here in South County, we are pleased and privileged to partner with the County of San Diego to serve CaIWORKs participants in National City and surrounding communities. MAXIMUS has enjoyed tremendous success during the first 18 months in helping South County welfare recipients toward self-sufficiency. Since our program began in August 1998, we have placed more than 4,000 South County residents into employment. We could not enjoy this success without the active and enthusiastic participation of employer partners and community organizations that have taken active roles in this effort. We would appreciate the opportunity to make a brief presentation before the City Council of National City at the regular meeting on Tuesday, March 14th at 6:00 p.m. to acknowledge the support of the South Bay employers who are participating in this effort. Our employer partners deserve a great deal of credit for helping families in our community to achieve self-sufficiency. I look forward to your response and to bringing recognition to a very positive community effort in National City. I can be reached at (619) 409-4888. Thank you for your assistance. Sincerely, PA- f,moo, •�omm ni Re ations Director Project funded by the County of San Diego MAXIMUS 690 OXFORD ST. # M CHULA VISTA CA 91911 619.409-4800 FAX 619.422.8586 Oaks & Acorns EXECUTIVE DIRECTOR Alannah Sinclaire BOARD OF DIRECTORS OAKS & ACORNS "Connecting seniors and children" National City Council 1243 National City Blvd. National City, CA 91950 March 1, 2000 Dear Honorable Mayor and respected City Council Members Although I have not met you yet, I would like to introduce myself, and what our agency has done with National City schools these past 5 years. My name is Alannah Sinclaire and I'm the Executive Director of Oaks & Acorns. Oaks & Acorns is a 501 (c) (3) non-profit organization providing services in CHAIR San Diego County since 1993. Our program bringschildren Kimberly Dunster ages 3-17 together with senior adults in the community to meet the needs of both populations. Many children CO-CHAIR lack attention, careful direction, and coping skills, while seniors are isolated, lonely Paul Lapolla and often undervalued. Older adults are recruited and trained to assist these students with meeting their educational requirements, handling social pressures and assisting TREASURER them in values clarification. Keith Skane SECRETARY Delores Todd Christine Ashjian *Leo Baggerly *Lorrie Cohen *NaKita Daniels Susan Baron Ferguson *Jerome Ghigliotti, Jr. *Gambriel Lenox *Geminese Lenox Cathy Lurty Len Pellettieri John Scholte Marion Singleton ADVISORY BOARD Rick Alvarado Bruce Braciszewski Sheila Homza Sue Kopezynski Robert Kreji Roger Martin Gretchen Vik • EX-OFFICIO We currently maintain a working relationship with the following organizations: © National City Unified School District O Boy Scouts / Girl Scouts of San Diego County © San Diego State University O California Senior Olympics © The National City Kiwanis Club The Board of Directors of Oaks & Acorns seeks funding to address several specific program areas that will allow the program to expand and maintain its high level of service. We welcome your support of any or all of these requests. Program Director ($20,000). This request is for a half time position for 12 months to expand our program through the tasks of establishing partnerships of students and seniors, screening and training mentors, conducting orientation of students, and implementing program evaluation for 150+ students. The budget estimate is based on a .50 position for 12 months at $15.40 per hour plus 10% benefits. An indirect rate of 10% has been added. Program Equipment ($6,000). This request will provide needed equipment that will facilitate the maintenance and expansion of our programs. Specific equipment needs include a new computer, printer, fax and copier machines. 2150 Camino De La Reina, Suite 110 San Diego, CA 92108-5519 (619) 294-3035 Work (619)294-3027 Fax web site: oaks-acorns.org e-mail: asinclaire@msn.com These requests for funding are in summary and we would be pleased to provide additional information. The organization's projected budget for 12 months is estimated at $86,400. Please feel free to visit any of our current programs or our organization's activities. Current Programs Our program is divided into four distinct projects. They are offered to communities through their school districts as a means to increase the healthy aspects of the community and provide a viable means to insure the quality of life of its members. A brief description of each project is offered as intergenerational models. O "Acorns to Oaks" project currently provides age -appropriate instruction to preschoolers, followed by carefully structured and supervised "friendly visits" by the preschoolers to elders living in long-term care facilities. The children also engage in a variety of meaningful activities with able elderly individuals who continue to live independently, who work, who volunteer, who participate in events like the Senior Olympics. Our preschoolers benefit from a more inclusive and realistic image of older adults. O "Junior Helpers" are adolescents, ages 13-16 from a downtown charter middle school, and from two junior high schools. The seniors, most of whom are wheelchair bound, are from senior centers and convalescent hospitals in neighborhoods nearby the schools. © "The Outrageous Sages" consists of a unique troupe of eight multi -ethnic seniors, ranging from 79 to 92 years of age, who are actors, musicians and storytellers. They perform with music and stories to assemblies of preschool through sixth grade children. This new intergenerational model brings art and culture to our community. © "Bridges" provides orientation, training and evaluation to senior citizens who volunteer in the elementary and secondary school system serving as mentors and role models for youth. They share their life experiences, expertise, and interests with students. If you have any questions or would like more information about any particular program, please feel free to call me at (619) 294-3035; or visit our website at www. oaks -acorns. I would also like to make a presentation to the National City, City Council at your earliest convenience. Respectfully, CM\M&(\f\_) a\SX•KA.W.M— Alannah Sinclaire Executive Director Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MARCH 8, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: PLANNING COMMISSION Please be advised that George Baca will be completing a 3-month term on March 31, 2000 left vacant by Planning Commissioner Pat Large due to her resignation. Mr. Baca is requesting consideration for reappointment for a full term on the Planning Commission. This item will be placed on the Council Agenda for the meeting of March 14, 2000. GEOR E H. WATERS Mayor GHW:nu ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE _ . I`a'ch 14L. 2000 AGENDA ITEM NO. 1 ITEM TITLE PREPARED BY EXPLANATION. RESOLUTION APPROVING AND ADOPTING FINAL BUDGET FOR FISCAL YEAR 1999-00 Tom G. McCabe ' 1/ DEPARTMENT City Manager The Finance Committee considered the proposed 1999-00 Fiscal Year Budget and on July 13, 1999 by Resolution No. 99-90, the City Council approved a preliminary budget reflecting the Committee's recommendations and amendments. The Final Budget is now constituted and ready for final adoption. Total budget appropriations are established at $38,055,728 which provide a balanced financial program for the 1999-00 fiscal year. Environmen*e r view Financial Statement Final Budget Document X NSA --S"rArF R 01.4,,MEi VATION Adopt the Final Budget for Fiscal Year 1999-00. BOARD/CP N/A RECOMMENnATIOm Account No. 2000-19 Resolution No. 1. Resolution 2. Preliminary Budget vs. Final Budget Summary of Budget Changes A.200 (Rev. 9/R RESOLUTION NO. 2000-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1999-00 WHEREAS, the City's Finance Committee has reviewed the proposed budget as submitted by the City Manager; and WHEREAS, by Resolution No. 99-90 the City Council approved a preliminary City budget for fiscal year 1999-00 on July 13, 1999. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that a final budget for the City of National City is hereby approved for fiscal year 1999-00. A copy of said budget is on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 14th day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, Ill City Attorney PRELIMINARY BUDGET VS FINAL BUDGET • Department !Preliminary Budget Final Budget Budget 1- City Council L 166,068170,615 City Clerk 1 117,106 120,049 City Clerk -Election 10,000 10,000 City Manager 1 404,371 426,916 H Revenue & Recovery 98,935j 96,766 Fiscal Services 57,139' 59,005 Information Services 426,582 423,966 , Utility Sewer Billing Personnel Compensation City Attorney Planning Personnel General Services Non -Departmental City Treasurer Police Fire Operations Lower Sweetwater Building & Safety Management Information Sys. Risk Management Engineering Public Works -Operation Public Works -Streets Public Works -Sewer Public Works -Refuse Public Works-Fac. Maint. - - - - - Public Works-Eqmt.Maint. Civic Center Refurbishing Library Library Capital Outlay- - Recreation Info. Systems Maintenance Office Equip. Depreciation Park Maintenance Local Transit C.I.P. POST Fund Police Reimb. Overtime Productivity Improvement Telecomm. Rev. Fund Street Trees GRAND TOTAL I SUMMARY OF BUDGET CHANGES I_ i_FISCAL YEAR 1999-00 Changes-1 Justification or (-) 4,547 Compensation Adjustment 2,943dCompensation Adjustment 0' 22,545 Compensation Adjustment (2,169) Compensation Adjustment 1,866 Compensation Adjustment (2,616) Compensation Adjustment 184,442 190,111 1- 5,669 Compensation Adjustment 237,360 237,360 ' 0 290,358 300,067 9,709 Compensation Adjustment 505,582 517,957 12,375 I Compensation Adjustment 193,804, 204,342 10,538 Compensation Adjustment 184,613' 184,193 I- (420) Compensation Adjustment 327,562 317,082 (10,480) Bond Pymt.Adjustment 17 701. 18,052 1 351 ,Compensation Adjustment 1- 9,277:6941 9,315,024 37,330 Compensation Adjustment 3,603,918, 3,540,683 ' (63,235) Compensation Adjustment 127,702127,472 j_ (230) Compensation Adjustment 363,188 370,654 I 7,466 'Compensation Adjustment 114,772 119,603 1,715,668 1,715,668 667,7801 691,506 274,954 250,041 1,061,061 1,073,623 4,333,3961 4,337,193 122,908 122,908 1,437,580 1,448,363 1,087,948 1,093,229 400.000 400.000 4,831 Compensation Adjustment 23,726 JCompensation Adjustment (24,913) Compensation Adjustment 12,562 Compensation Adjustment 3,797 ICompensation Adjustment 0 10,783 Compensation Adjustment 5,281 - :Compensation Adjustment 0 679,643i 691,329 , 11,686iCompensation Adjustment 54,392 28,930 • (25,462)1Capital Outlay Adjustment - r 541,554 576,495 34,941 Compensation Adjustment 285,019 287,422 , 2,403 Compensation Adjustment 1,002,784 1 1,002,784 ! 01 548,007; 554,966 ; 6,959 I Compensation Adjustment 1,843,037 1,843,037 C) 4,762,3181 4,940,993 i_ 178,675 State Grants 75,000 75,000 I 0 17,000 17,000 0 15,000; 15,000 01- 0! 50,000 I 50,000 Internet:Data Network 0 90,324 90,324 CDBG Reimbursed 37,633,946 • 38,055,728 421,782 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 3-14-n0 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION AUTHORIZING WAIVER OF BID PROCESS TO PURCHASS TWO "LESS -THAN LETHAL WEAPON'S SYSTEMS: 1) "PEPPER BALL" SYSTEM FROM JAYCOR TACTICAL SYSTEMS, 2) "AIR TASER" SYSTEM FROM TASER INTERNATIONAL PREPARED BY EXPLANATION SKIP DiCERCHIO CHIEF OF POLICE DEPARTMENT POLICE The Police Department recommends purchasing the following (2) two "less -than lethal" weapons systems for issuance to patrol officers. #1) PS,SA200 PepperBall system from JAYCOR Tactical Systems. #2) Advanced Taser M26 model 44000, from TASER International. The combined cost of the two systems is $40,690.50. Purchasing ordnance *1480, section 12a4, authorizes the bidding requirement to be waived "when Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without strict compliance to the bidding procedure". The following special circumstances exist. 1.) JAYCOR Tactical Systems holds the patents to this new technology and is the only manufacture providing this product to Law Enforcement. JAYCOB is also located locally in San Diego which makes delivery a no cost item and maintenance and technical assistance immediately available. 2.) TASER International is also the patent holder for this New Generation of Air Taser system (see attached sole source letter). They are based in Scottsdale Arizona. This product is only available to Law Enforcement and Corrections. Their list price is about 30% less than their competition's and they offer an additional discount for purchases of 30 or more units. TASER International will also provide training free of charge to our trainers. The M26 Air Taser's patented "EMD" technology produces a higher wattage for greater incapacitation and is capable of being fired from a greater distance (21 feet verse 15 feet). This combination makes it a much more effective weapon than the Model 34000 Air Taser used by San Diego Poice Department, and the Model TE95 Taser by TASERTRON, that we currently have. Environmental Review N / A Financial Statement The cost of purchasing this new equipment is $40,690.50. $35,000 will come from the current 2000 Police budget, Account numbers #001-411-000.518 and #001-411-000.316. The remaining $5,690.50 will come from Asset Seizure Account numbers #131411-000-316 and #131-411- 000-518. 5T.AFF RECOMMENDATION Approve this Resolution BOARJCOMMISSION RECOMMENDATION . TYACHMENTS (Listed Below) 1. Sole Source memo from TASER INTERNATIONAL 2. Police Department Recommendation Report Account No. I Resolution No. 2000-20 A-200 (Rev. 9/80) 1 1 4 132/25/88 16:19:B2 DEFAIILTCSID-> 619 336 4525 To; FAX 1-619-336- Page 881 TASER ! !V T E R N A T I O N A Ls 7339 East Evans Road * Scottsdale, AZ' 85260 * USA * (480) 991-0797 • Fax (480) 991-0791 February 25, 2000 Li. Mike Tricker National City Police Dept. 1200 National City 13Ivd National City, CA 91950 This letter is to confirm TASERR International, Inc. is the sole source manufacturer of the less lethal ADVANCED TASER M26 Model 44000, AIR TASER Model 34000, Model 34001, Model 34100, Model 34120 and custom attachable laser sight, Model 34700. TASER international is also the sole source manufacturer of the patented, 15-foot Air Cartridges, Model 34200, 34202, 34228 and the patented, 21-foot Air Cartridges, Model 44200, 44202, and 44228. The Air Cartridges are required for the unit to function in the remote TASER mode. The only Authorized Police Distributor in California is, A.L.D Company. Please note the ADVANCED TASERR , AIR TASERR and TASERR are registered trademarks. TASER Wave'M b a trademark of TASER International Inc. Patent: U.S. 5,078,117 and others pending in the U.S. and Worldwide. Copyright 1999 TASER International, Incorporated. Please contact me at 480-905-2006 with any questions. Sincerely, Stephen D. Tuttle Director of Government & Law Enforcement Affairs RESOLUTION NO. 2000-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BIDDING PROCESS FOR THE PURCHASE OF THE PS-SA200 PEPPERBALL SYSTEM AND THE ADVANCED TASER M26 MODEL 44000 WHEREAS, the National City Police Department recommends purchasing two "less -than -lethal" weapons systems: (1) the PS-SA200 PepperBall System from JAYCOR Tactical Systems and (2) the Advanced Taser M26 Model 44000 from TASER International; and WHEREAS, JAYCOR Tactical Systems holds the patents and is the only manufacturer of the PS-SA200 PepperBall System; and WHEREAS, JAYCOR is based in San Diego which makes delivery a no cost item and maintenance and technical assistance immediately available; and WHEREAS, TASER International holds the patent for the M26 Air Taser's "EMD" technology which produces a higher wattage for greater incapacitation and is capable of being fired from a greater distance, making the product a more effective weapon than the Model 34000 Air Taser currently used by the San Diego Police Department; and WHEREAS, TASER's list price is approximately 30% less than their competition's, they offer an additional discount for purchases of 30 or more units and will provide free training; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of National City hereby determines that special circumstances exist in the present case, and authorizes the Purchasing Agent to waive the bidding process and approves the purchase of the PS-SA200 PepperBall System from JAYCOR Tactical Systems and the Advanced Taser M26 Model 44000 from TASER International. -- Signature Page to Follow -- Resolution No. 2000- 20 Page Two PASSED and ADOPTED this 14th day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /, r) Oft"' Sr George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 14, 2000 AGENDA ITEM NO. ITEM TITLE RESOLUTION TO VACATE AND TO CONVEY AN EASEMENT LOCATED AT THE SOUTHWEST CORNER OF 16TH STREET AND NATIONAL CITY BOULEVARD THROUGH A QUITCLAIM DEED AND THE RECORDING THEREOF PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Colonial Ford has requested that the existing easement reserved under the City of National City be vacated for their new proposed building located at the southwest corner of 16th Street and National City Boulevard. Staff has investigated the existing easement and Rick Engineering has contacted the utility companies concerning the easement. We have found that there are no sewer or storm drain pipes, or any other utilities within the easement (See attached letters). The existing easement was an old alley that was removed on January 18, 1949. Staff recommends that the easement be vacated and that the quitclaim be granted. } Environmental Review y N/A Financial Statement N/A STAFF RECOMMENDATION Approved the Resolution. BOARD / COMMISSION RECOMMENDATION N/A s-frig43L0 ATTACHMENTS ( Listed Below ) 1. Resolution 2. Letters 3. Quitclaim Deed of Easement 4. Location Map Resolution No. 2000-21 A-2 RESOLUTION NO. 2000-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE RELEASE AND TRANSFER OF AN EASEMENT LOCATED AT THE SOUTHWEST CORNER OF 16TH STREET AND NATIONAL CITY BOULEVARD AND AUTHORIZING THE RECORDING THEREOF WHEREAS, Colonial Ford has requested that an existing easement reserved by the City of National City located at the southwest corner of 16th Street and National City Boulevard be vacated for their new proposed building; and WHEREAS, Sweetwater Authority, Pacific Bell and Sempra Energy have confirmed there are no sewer or storm drain pipes, or any other utilities within the easement; and WHEREAS, the existing easement was an alley that was removed on January 18, 1949 and is now no longer needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to approve and execute a quitclaim deed for an easement located at the southwest corner of 16th Street and National City Boulevard to Colonial Ford. BE IT FURTHER RESOLVED that pursuant to Resolution No.7083, the City Clerk is hereby ordered to record said quitclaim conveying an interest in real estate to Colonial Ford. PASSED and ADOPTED this 14th day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Name: Colonial Ford Address: 2050 National City Blvd. City & State: National City, CA 91950 APN No. 560-144-01 & 02 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF EASEMENT Title No. Escrow No. THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ 0.00 CITY TAX $ 0.00 ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, ❑ Unincorporated area: ® City of National City , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of National City hereby REMISE, RELEASE AND FOREVER QUITCLAIM to any and all person(s) or entity(ies) having a legal or equitable interest in the hereinafter described real property all right, title, interest and claims to the following described real property that was reserved to (See Exhibit "A" Attached Hereto) County of San Diego , State of California: Dated: State of California County of } SS. On before me (here insert name) Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) 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 capacityliesl, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Affix seal within border MAIL TAX STATEMENTS AS DIRECTED ABOVE jb/13580/quitclai.001 J-13580 EXHIBIT "A" EASEMENT QUITCLAIM A portion of that certain easement reserved to the City of National City by document recorded February 2, 1949 as Document No. 9948 in Book 3098, Page 330 of Official Records of San Diego County, said portion more particularly described as follows: That portion of that alley closed and vacated to public use that lies between Lots 1-5 and 18-22 of Block 17 of National City, in the City of National City, County of San Diego, State of California according to Map thereof No. 348 filed in the Office of the County Recorded of San Diego County October 2, 1882. Robert G. Schoettmer jb/13580.001 L.S. 4324 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-14t3 FAX (619) 425-7469 http://www.sweetwaterorg January 27, 2000 GOVERNING BOARD J.S. SKI WOLNIEWICZ, CHAIRMAN MARGARET COOK WELSH, VICE CHAIR JAMES "JIM" DOUD SUE JARRETT BUD POCKUNGTON GEORGE H. WATERS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPdN-FRIEDMAN SECRETARY Ms. Desriee Bello Rick Engineering 5620 Friars Road San Diego, CA 92110-2596 Subject: PROPOSED VACATION OF AN EASEMENT BETWEEN 16TH STREET AND 17TH STREET WEST OF NATIONAL CITY BOULEVARD SWA GEN FILE: VACATIONS Dear Ms. Bello: The Sweetwater Authority has no facilities within the area of the proposed vacation. Therefore, the Authority has no objection to the proposed vacation of the easement. If you have any questions, please contact Mr. Russell Collins at 422-8395, ext. 639. Very truly yours, SWEETWATER AUTHORITY Acmes L. Smyth (/Chief Engineer JLS:RC:In _ A Public Water Agency \\SWA_AD\DATA\eng ij `al City, Chula Vista and Surrounding Areas RECEIVED JAN 3 12000 Right of Way / Liaison 4220 Arizona Street, Room 100 San Diego, California 92104 February 14, 2000 Rick Engineering Company 5620 Friars goad 5an Diego, CA 92110-2596 PACIFICo,BELL3 A Pacific Telesis Company Attention: Desiree Bello RE: Job Number 13580 Thank you for your notice regarding the proposed utility easement vacation for. NATIONAL CITY FORD — Map No. 348, Parcel D, Block 17 Pacific Bell has aerial facilities within the area to be vacated. We have no objections to the utility easement if the parcel is to remain one owner and not subdivided. The new building will be fed at the current main point of entry from National City Blvd. Yours truly, b Fred Kruse Right of Way Agent Cc: City of National City 1243 National City Blvd. National City, CA 91950 Sempra Energy Rick Engineering 5620 Friars Road San Diego, CA 92110 ATTN: Desiree Bello RE: Public Utility Easement Reservation (Book 3098, Page 330 of Official Records) February 23, 2000 Dear Ms. Bello, A review of our records has revealed no apparent conflict with the existing Public Utility Easement Reservation. Because there are no gas and/or Electric facilities located in the area of the "Public Utility Easement Reservation (Rick Engineering Company's `Easement Vacation, APN 560-144-01 to 560-144-03) ' ", as shown on the sketch dated January 26, 2000 as project No. 13580 we have no objection to the proposed vacation of The Public Utility Easement Reservation . If I can be of further assistance, please contact me at (858) 654-1256. Respectfully Rolanda F. Hayward Administrative Associate Duly Authorized Agent for SDG&E Land Management N HOOVER NAT OOSEVELT AVENUE CITY AVEN City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 03/14/00 AGENDA ITEM NO. 4 % ITEM TITLE WARRANT REGISTER #36 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION. Ratification of Warrant Register #36 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $380,478.92 7 BOARD/COMMISSION RECOMMENDATION Az' ATTACHMENTS ( Listed Below) 1. Warrant Register #36 2. Workers' Comp Warrant Register dated 03/01/00 Resolution No. A-200 (Rev. 9/801 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 14, 2000 5 AGENDA ITEM NO. 1 ITEM TITLE CLAIM FOR DAMAGES: Ana Graciela Vega PREPARED BY Michael R. Dalla, CMC DEPARTMENT City Clerk EXPLANATION The claim of Ana Graciela Vega arises from an occurrence on February 9, 2000 and was filed with the City Clerk's Office on February 17, 2000 J Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Copy of Claim for Damages A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT March 14, 2000 6 MEETING DATE AGENDA ITEM NO. i ITEM TITLE 1999. PREPARED BY EXPLANATION. Correction to the Minutes of Regular Meeting of December 7, Michael R. Dalla 4h") DEPARTMENT City Clerk The proposed correction is made to the minutes of the December 7, 1999 Regular Meeting of the City Council as requested by Councilman Inzunza. Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve the correction BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (listed Below) Resolution No. A-200 (Rev. 9/80) CORRECTION TO THE MINUTES OF 12-07-99 The following correction is made to the minutes of the December 7, 1999 Regular Meeting of the City Council; Book 81 / Page 309 & 310. INTERVIEWS AND APPOINTMENTS PLANNING COMMISSION ADMIN (101-6-1) Mayor Waters turned control of the meeting over to Vice Mayor Morrison. Vice Mayor Morrison announced that there is currently one vacancy on the Planning Commission and that the following applicants had been interviewed by the Council and were interested in serving: George Baca, Dolores Flores, Richard Hubbard, and Elizabeth Toy. Councilman Inzunza inquired if the appointment was for four years. Vice Mayor Morrison responded that it would be a four year appointment and fulfilling a term that is ending. Written ballots were distributed to the Council. The ballots were tabulated by the City Clerk who announced that Mr. Baca had received 3 votes out of five. Mr. Baca, having received a majority of the votes, was declared duly appointed as the new Planning Commissioner. MEETING DATE March 14, 2000 City of National City, California COUNCIL AGENDA STATEMENT 7 AGENDA ITEM NO. (ITEM TITLE ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. PREPARED BY EXPLANATION DEPARTMENT Rudolf Hradecky, Esq. City Attorney 4 ✓41 At its meeting of March 7th, Council directed Staff to bring back the ordinance with revisions to change a distance restriction from four feet (4') to two feet (2'), and to delete the restrictions on displays of tobacco products, while maintaining restrictions on tobacco advertising, within two feet (2') of candy, snacks and soda displays. Attachment 1: Copy of staff report dated March 7, 2000, which addresses the proposed ordinance governing tobacco product displays and sales to minors. Attachment 2: Strikeout version of Sections 9.38.040 and 9.38.050 showing revisions per Council direction. Copies of these latest revisions have been sent to the American Lung Association, California Grocers Association, San Diego Merchants Association and the National City Neighborhood Coalition. Attachment 3: Proposed ordinance for introduction which incorporates the above revisions. 2 Environmental Review x N/A Financial Statement No financial impact. STAFF RECOMMENDATION Adopt ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Revisions to Sections 9.38.040 and 9.38.050 Proposed ordinance Resolution No. A-2C0 r9;8o) STAFF REPORT AN ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. BACKGROUND At its meeting of November 9, 1999, the City Council directed Staff to prepare language for an ordinance regulating outdoor tobacco advertising, sales and display practices. Emphasis was to be placed on the banning of tobacco advertising within 1,000 feet of certain youth oriented venues. The American Lung Association provided the City Council with examples of programs adopted by other cities. We are now submitting an ordinance for the Council's consideration which deals with some of the options available to the City that staff recommends. RECENT LEGAL DEVELOPMENTS Ten days after Council's direction to staff, the Ninth Circuit Court of Appeals struck down state and local restrictions on outdoor tobacco advertising. The decision, Lindsey v. Tacoma -Pierce County Health Department, (No. 98-35416) 1999 WL 1044364 (9th Circuit, Nov. 19, 1999), held that the Federal Cigarette Labeling and Advertising Act (FCLAA), 15 U.S. Code Section 1334, preempted state law requirements or prohibitions on advertising of tobacco products labeled in accordance with Section 1332 of the FCLAA. t Since all cigarette packages sold today are labeled with this legend, the net effect is a prohibition on local advertising restrictions. Several cities in San Diego County had previously enacted tobacco advertising bans. The Lindsey decision may affect those ordinances and the provisions of Business and Professions Code Section 22961 (bans on outdoor tobacco advertising within 1,000 feet of schools and public playgrounds). The Ninth Circuit decision may yet be appealed to the U.S. Supreme Court. Regardless, for now, in California the Lindsey decision is operative, and we do not therefore recommend an ordinance which restricts outdoor tobacco advertising. The Lindsey decision concerned a county health department regulation on outdoor tobacco advertising. The decision did not address indoor advertising restrictions. For the present, Lindsey could be restricted to its facts, and indoor advertising restrictions may yet be allowable if narrowly tailored. EXISTING STATE LAW RESTRICTIONS ON TOBACCO Currently, State law prohibits or restricts tobacco sales and display practice, as follows: 1 Labeling must contain an admonition that the Surgeon General has determined that the smoking of cigarettes is dangerous to health and may cause death from cancer and other diseases. Staff Report March 7, 2000 1 Restricting the sale, advertising and Promotion of tobacco products to minors 1. Sales or furnishing of tobacco products to minors is unlawfiil. (Penal Code Section 308). 2. Single item or unsealed tobacco package sales are unlawful. (Penal Code Section 308.2). 3. Coin operated cigarette vending machines are prohibited, except in bars. (Business and Professions Code Section 23039). 4. State may require tobacco vendors, upon notification, to post signs advising that the sale of tobacco to minors is unlawful. (Business and Professions Code Section 22952). 5. Unsolicited delivery of tobacco products to residences is unlawful. (Penal Code Section 308b). 6. Tobacco advertising within 1,000 feet of schools and playgrounds is prohibited. (Business and Professions Code Section 22961).2 REMAINING OPTIONS FOR CONSIDERATION BY COUNCIL This staff report will focus on the avenues that remain available for consideration by the City Council, and further direction to staff. Notwithstanding the Lindsey decision and the above statutes, any or all of the following are options that may be adopted by the City Council by an ordinance: 1. Prohibit any indoor tobacco advertising or the display of tobacco products, or both, within a specified distance from displays of candy, soda or snacks in retail establishments within 1,000 feet of schools, public parks and playground and other youth oriented venues. [We are proposing a minimum of four feet]. (See note in Item 2 which suggests not including residential areas). 2. As an alternative to number 1, the Council has the option to prohibit tobacco sales within 1,000 feet of schools, public parks and playgrounds and other youth oriented venues. (NOTE: Although residential areas could be included, the net effect would most likely ban tobacco sales citywide, a possibly unrealistic result, and for that reason, no reference to residential areas is suggested in any proposed ordinances). 3. Prohibit free give-away promotions of tobacco products within the city. 4. Require tobacco products, smoking implements and cigarette papers to be kept in a locked display case and prohibit self-service displays, except in those establishments where access by minors is prohibited, or restricted. 5. Require all stores selling tobacco products to post signs regarding prohibitions on tobacco sales to or purchases by minors. 2 Now unenforceable under the Lindsey decision. Staff Report March 7, 2000 2 Restricting the sale, advertising and Promotion of tobacco products to minors 6. Ban tobacco vending machines throughout the City. This will impact only bars and taverns licensed for consumption of alcohol and beer, since tobacco vending machines are already banned in all other stores. (However, this will have no impact on minors whose presence is banned from those establishments). 7. Require retail facilities selling tobacco products to be specially licensed to sell tobacco. 8. Prohibit smoking in an increased number or classes of establishments on a citywide basis (types of venues to be determined). DISCUSSION Adoption of any of these provisions will involve enforcement costs and asset allocation judgments. Items 1, 2, 4, 5, 6 and 7 can be verified and enforced on a spot -inspection basis at the same time. Items 3 and 8 would be enforced, if at all, on a situation occurring basis. Item 3 is probably of limited or minimal impact or effect. Items 1, 2, 4, 5, 6 and 7 will have an economic impact on businesses. Items 6 and 8 present an enforcement problem, but can be required from a social welfare and public health viewpoint. Of the foregoing, the most questionable from an administration viewpoint is Item 7, the special licensing of tobacco outlets. Regardless of the public health benefits to be gained from inhibiting tobacco access to minors, the adoption of a special local regulatory system licensing merchants to sell tobacco presents a number of policy issues to be analyzed and weighed. For example: • Should other products or services also be considered for licensing? • What criteria or method for ranking the seriousness of the effect of those products should be used as a predicate for regulatory licensing in general? • What effect, if any, would tobacco licensing have when the vendor can already be prosecuted for illegal tobacco sales activity? • Loss of the tobacco license, if issued, would not normally prevent retail sales of other products by that merchant. Should loss of the license also ban the vendor from sales of other products, and could that be enforced? Item 2, the option to prohibit tobacco sales within 1,000 (or 500?) feet of schools and other youth oriented venues, is also an option for the Council to consider. If Council decides to include this option in lieu of proposed Section 9.38.040, the prohibition on any tobacco sales would obviate the need to restrict tobacco displays or advertising within four feet of candy, snacks and soft drink displays. For either item 1 or 2, we do not propose including residential areas in the 1,000 foot radius, in order to avoid a citywide impact on all businesses. Item 2 is the most difficult from a commercial viewpoint, and will affect the retail business community. Staff Report March 7, 2000 3 Restricting the sale, advertising and Promotion of tobacco products to minors The costs of enforcement and any possible litigation should be balanced against the benefits to be gained by making access to tobacco products more difficult for minors. That benefit, while not quantitatively measurable, is a qualitative policy determination for the City Council to make. On the basis of the foregoing discussion, we have prepared an ordinance that incorporates options 1, 3, 4 and 5 for your consideration. We will prepare a further revision to incorporate any other options or modifications desired by the Council. We have provided copies of the staff report and the proposed ordinance to the American Lung Association, California Grocers Association and San Diego Merchants Association. We have notified them of the proposed agenda item, and addressed any particular concerns, where feasible, within the attached ordinance proposed for your consideration. RECOMMENDATION It is recommended that the City Council review the attached ordinance, and either: (1) adopt theordinance; (2) direct staff to revise the ordinance to incorporate other desired options; (3) continue matter for further input; or, (4) file this report without further action. Staff Report March 7, 2000 4 Restricting the sale, advertising and Promotion of tobacco products to minors REVISIONS TO ORDINANCE AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS Section 9.38.040 Location of tobacco product -tend advertising displays inside retail establishments. It" nlaw f ul --fo i bus>> ess to cco toiler to place B. It is unlawful for any person, business, or tobacco retailer to place or maintain, or cause to be placed or maintained, any tobacco advertising display within few two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products and which are located within 1,000 feet of the premises of any school, playground, recreation center or facility, childcare center, or library. Section 9.38.050 Exceptions to location of tobacco products and advertising inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040 does not apply in any establishment to displays that are located behind or above a sales counter and are not accessible to patrons. ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS WHEREAS, the City Council of the City of National City finds that there is compelling evidence supporting a direct correlation between tobacco advertising and promotion and underage smoking; and WHEREAS, state laws prohibit underage smoking, including the selling, giving, or furnishing of cigarettes to any person under the age of eighteen years, and the purchasing, receiving, or possessing of cigarettes by any person under the age of eighteen years, and the use of tobacco products by students at public school campuses and events; and WHEREAS, certain tobacco product manufacturers have publicly admitted engaging in strategies designed to advertise and promote tobacco products to minors; and WHEREAS, tobacco display and advertising in public places is inimical to the enforcement of laws enacted by the State of California designed to limit the purchase and use of tobacco products to the adult population; and WHEREAS, promoting the use of tobacco products displayed on or in retail stores next to candy, snack and soda displays target underaged youth and are inimical to the enforcement of laws enacted by the State of California that are designed to limit the purchase and use of tobacco products to the adult population; and WHEREAS, studies have shown that minors who are aware of tobacco promotions are twice as likely to use tobacco, and minors who participate in tobacco promotions are nine times more likely to use tobacco; and WHEREAS, tobacco promotion creates a threat to the safety and welfare of the young, an inducement to violate the laws concerning the purchase and possession of tobacco by minors, and an inducement for minors to begin to use tobacco products; and WHEREAS, it is the intent of the City Council of the City of National City in the enactment of this ordinance to further discourage and reduce illegal sales and furnishing of tobacco products to minors by requiring retailers to implement identification and other procedures designed to reduce the likelihood of sales to minors; and WHEREAS, the Council finds that the City has a substantial interest in reducing illegal sales of tobacco products to persons under eighteen years of age; and WHEREAS, the Council finds that further regulation can promote the public welfare by further discouraging the commercial exploitation of potential underage smokers. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.38.010 through 9.38.100 to read as follows: CHAPTER 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions 9.38.030 Measure of distance 9.38.040 Location of Tobacco advertising displays inside retail establishments 9.38.050 Exceptions to location of tobacco products and advertising inside establishments 9.38.060 Self-service sale and distribution of tobacco products --Prohibited 9.38.070 Distribution of free tobacco samples or promotional items --Prohibited 9.38.080 Posting of signs regarding tobacco sales to minors 9.38.090 Extensions for compliance 9.38.100 Enforcement Section 9.38.010 Purpose and intent. It is the purpose and intent of the City Council to enact regulations governing the sale or display of tobacco products in the City as a menace affecting the public health and welfare of its citizens, and particularly minors. Accordingly, the Council, for the reasons expressed in the preamble to Ordinance No. enacts the following regulations. 9.38.020 Definitions. For purposes of this Chapter 9.38: "Advertising display" means a sign, sign -board, billboard, poster, or banner that is temporarily or permanently placed within a building, or is displayed in the window(s) of a commercial establishment, and is used to advertise or promote products. It does not include printed material on the container of a product sold at retail. "Playground" means any outdoor premises or grounds owned or operated by the City, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the City. "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the State of California. 2000 Ordinance 2 Restricting the Sale, Display and Promotion of Tobacco Products to Minors "Self-service display" means an open display of tobacco products that the public has access to without the intervention of an employee. "Tobacco advertising display" is an advertising display that concerns tobacco products. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. "Vendor -assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any store or business that sells tobacco products and any school, playground, recreation center of facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the store or business to the closest property line of the school, playground, recreation center or facility, childcare center, or library. Section 9.38.040 Location of tobacco advertising displays inside retail establishments. It is unlawful for any person, business, or tobacco retailer to place or maintain, or cause to be placed or maintained, any tobacco advertising display within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products and which are located within 1,000 feet of the premises of any school, playground, recreation center or facility, childcare center, or library. Section 9.38.050 Exceptions to location of tobacco products and advertising inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040 does not apply in any establishment to displays that are located behind or above a sales counter and are not accessible to patrons. Section 9.38.060 Self-service sale and distribution of tobacco products —Prohibited. It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products. Section 9.38.070 Distribution of free tobacco samples or promotional items -- Prohibited. It is unlawful for any person, business, or tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. Section 9.38.080 Posting of signs regarding tobacco sales to minors. A. Every person who sells or deals in tobacco products shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies Section 9.38.080(A). 2000 Ordinance 3 Restricting the Sale, Display and Promotion of Tobacco Products to Minors C. It is unlawful for any person who sells or deals in tobacco products to fail to post a sign in accordance with Section 9.38.080(A) or (B). Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this Chapter must comply within sixty calendar days after 2000. B. Any business owner may apply to the City Manager, through the Planning Director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this Chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100 Enforcement. A. Violations of this Chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Municipal Code Section 1.20.010. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this Code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, code conformance officer, business license inspector or fire inspector. Section 2. The City Clerk is hereby instructed to insert this ordinance number and the effective date of this ordinance, once known, in the blank spaces provided in Municipal Code Sections 9.38.010 and 9.38.090. PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: eorge H. Eiser, III City Attorney day of , 2000. George H. Waters, Mayor 2000 Ordinance 4 Restricting the Sale, Display and Promotion of Tobacco Products to Minors ITEM #8 3/14/00 March 3, 2000 The Honorable George Waters, Mayor City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Waters, This letter is a request for permission to have our 7th Annual Casino Night on April 29, 2000, from 6:00pm to 11:00pm at the Boys & Girls Clubs of National City. Additionally, we request permission to serve beer and wine at our Casino Night event from 6:00pm to 11:00pm. Tickets will be sold in advance. Children will not be allowed. Sincer y eatie ive Director GPB:scv The Positive Place For Kids BOYS & GIRLS CLUBS of National City 1430 "D" Avenue National City CA 91950 (619) 477-5445 Fax (619) 477-9177 Officers President Victoria `Vicky' Waters 1a Vice President Ronald Detzer Esq. 2" Vice President Rolando Abagat Secretary /Treasurer Diane Tagle Past President George flood Board of Directors Skip DiCerchio Cheryl Dorris MA Fred M. Harder Mike Iglesias Pat Large Ben Nichols Louise C. Phipps EdD Allie Pruitt Steve South Jess Van Deventer Ann Vroom Honorary Board Members John & Christy Walton Mayor George H. Waters Executive Director Gregory P. Beatie Resource Development Director Tim J. Hall Program Director Joel Baeza Office Manager Susan Voikenant 3upponed. in part by vaneo WAY WIN NMI COMOTI :SC=F'r'V "iby