Loading...
HomeMy WebLinkAbout2000 09-26 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, SEPTEMBER 26, 2000 - 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 SEPTEMBER 19, 2000. COUNCIL AGENDA 9/26/00 Page 2 PRESENTATION Presentation of Certificates to Police Department personnel by California Department of Alcoholic Beverage Control PROCLAMATION Proclaiming the month of October 2000 to be: "DOMESTIC VIOLENCE AWARENESS MONTH" INTERVIEWS/APPOINTMENTS Local Law Enforcement Advisory Board - Appointments 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. 2000-124 Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 96-98. (City Attorney/City Clerk) 2. WARRANT REGISTER #12 (Finance) Ratification of Demands in the amount of $392,888.97. COUNCIL AGENDA 9/26/00 Page 3 NON CONSENT RESOLUTION 3. Resolution No. 2000-125 Resolution of the City Council of the City of National City approving revisions to City Council Policy Number 704 - Limitation on City Approved Events within the City. (Building & Safety) WRITTEN COMMUNICATIONS 4. Proposition BB Speaker - Dr. Ed Brand, Superintendent, Sweetwater High School District. NEW BUSINESS 5. Potential Council recess for Tuesday, November 21, 2000. (City Manager) --> CITY MANAGER -> CITY ATTORNEY ---> OTHER STAFF --> MAYOR CITY COUNCIL COUNCIL AGENDA 9/26/00 Page 4 NEW BUSINESS (Cont.) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Adjourned Regular Meeting - Civic Center Landscape Project Workshop - September 28, 2000 - 3:00 P.M. - Large Conference Room, Civic Center. Next Regular City Council Meeting - October 3, 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 F� i�-- ity of Watinnat Tit lriictamatitui WHEREAS, Domestic violence is a very real problem in our society and affects men, women and children. It is also found in all ethnic groups and income levels; and WHEREAS, To date, 9 women and 2 men have lost their lives as a result of domestic violence in San Diego County alone; and WHEREAS, Domestic violence results in millions of dollars in health care costs and over 175,000 work days per year are lost due to domestic violence; and WHEREAS, In October 1981, the National Coalition Against Domestic Violence celebrated the "first Day of Unity" for the purpose of uniting battered women's advocates across the nation in an effort to end domestic violence; and WHEREAS, October is now recognized as National Domestic Violence Awareness month in honor of the hard work of an unsung domestic violence hero or heroine, such as police dispatcher, a police officer, a shelter worker, a domestic violence advocate, an emergency room physician, a prosecutor, a probation officer and/or judge. NOW, THEREFORE, 1, GEORGE H. WATERS, Mayor of the City of National City, do hereby declare the month of October 2000 to be: v "DOMESTIC VIOLENCE AWARENESS MONTH" 1 in the City of National City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 26" day of September, 2000. GEOGE H. WATERS Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 20, 2000 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: LOCAL LAW ENFORCEMENT ADVISORY BOARD Please be advised that we presently have two vacancies on the Local Law Enforcement Advisory Board. This Board determines the expenditure of the FY 1999-2000 Local Law Enforcement Block Grant Funds. If there are no objections, I recommend for appointment, Mr. Dan Greenwald, owner of Greenwald's Auto Body and David Yamasaki, Assistant Executive Officer to the San Diego Superior Court, South County Division. Mr. Ray Allen, Police Lieutenant from the National City Police Department will be replacing Lieutenant Iglesias as the liaison for the Advisory Board. Also, this item will be placed on the Council Agenda for the meeting of September 26, 2000 and Lieutenant Allen will introduce Mr. Greenwald and Mr. Yamasaki. At- GEOR E H. WATERS MAYOR GHW:nu Cc LT RAY ALLEN ® Recycled Paper EETONG DATE Cit2 of N tio ; 1 City, a Porno COUNCIL AGENDA STATEMENT September 26 , 2000 AITEM NO 1 ITEM TITLE RESOLUTION ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 96-98 PREPARED BY �a P `MEN George H. Eiser, III T EXPLANATION Michael R. Dalla IA Fin: Sta. See attached memorandum. N/A STAFF MA'I Adopt resolution. BOARD I COM S 0'RECOMMENTION N/A ATTACH E TListed Below Proposed resolution. City Attorney City Clerk if Account Resolution No. 2000-124 A200( 0) RESOLUTION NO. 2000 —124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRAC110ES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 96-98 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard model . Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that, except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 96-98 is hereby rescinded. PASSED and ADOPTED this 26th day of September, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney TO: FROM: SUBJECT: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 Mayor and City Council City Attorney Proposed Amendment of Conflict of Interest Code DALE: September 21, 2000 As you know, the Political Reform Act requires various city officials to file annual statements of economic interests. Those required to file statements may be divided into two groups -- those required to file under Government Code Section 87200 (mayors, councilmembers, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by state law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. Additionally, those individuals who must file a statement under the conflict of interest code is prescribed by such code. The criteria for determining whether an officer, employee, board member or commissioner should file a statement of economic interests under.a conflict of interest code are set forth in Section 18700 of Title 2 of the California Code of Regulations, and in Section 82019 of the Government Code. Essentially, if an individual's duties involve making or participation in the making of governmental decisions that may have a material effect upon a financial interest of that individual, then the individual is subject to the reporting requirement. Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the city) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on June 18, 1996, pursuant to Resolution No. 96-98. At the present time, it is recommended that the Code be amended to reflect changes in various designated positions in the City Staff, as follows: Building Inspector/Plan Checker Principal Accountant Assistant Chief of Police Buyer Division Chief, Fire Department Fire Marshal Plan check Engineer Added Changed to Financial Services Officer Deleted Deleted Deleted Changed to Battalion Chief Changed to Engineering Technician/Senior Civil Engineering Technician The proposed resolution would accomplish these amendments. GHE/gmo GEORGE I EISER, III City Attorney ® Recycled Paper 2 CA ADCs 18730 2 CCR s 18730 Cal. Admin. Code tit. 2, s 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Title 2. Administration Division 6. Fair Political Practices Commission Chapter 7. Conflicts of Interest Article 2. Disclosure s 18730. Provisions of Conflict of Interest Codes. Page 1 (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code, so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. Thiscode does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies. [FN 1 ] Copr. 0 West 2000 No Claim to Orig. U.S. Govt. Works Exhibit "A" 2 CA ADCs 18730 Page 2 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of fmancial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those fmancial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2] (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power, and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. Copr. c0 West 2000 No Claim to Orig. U.S. Govt. Works 2 CA ADC s 18730 Page 3 (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin. on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description -of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. Cop-. © West 2000 No Claim to Orig. U.S. Govt. Works 2 CA ADC s 18730 Page 4 (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6J the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $300. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $300 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (0, and (g) of Government Code Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through Copr. © West 2000 No Claim to Orig. U.S. Govt. Works 2 CA ADCs 18730 Page 5 the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent - in -law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: Copr. 0 West 2000 No Claim to Orig. U.S. Govt. Works 2 CA ADCs 18730 Page 6 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee or position of management; or holds any (E) Any donor of, or any intermediary or agent for a donor of a gift or received by, or promised to the designated employee within 12 months prior gto the time whenifts aggregating $the decision is300 or more madeed to, made. Copr. © West 2000 No Claim to Orig. U.S. Govt. Works 2 CA ADCs 18730 Page 7 (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her inunediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. A PPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY I. Pt JR POSE This Code is adopted pursuant to the provisions of Government Code Section 87300, seg to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide affected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other state and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GFNFRAI, PROVISIONS A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income which do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCLOSURE The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." 1 CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: CATEGORY 5: The Disclosure Categories are: Investments and sources of income. Interests in real property. Investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, mate- rials, machinery or equipment. CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: 2 DESIGNATED POSITIONS 1. Mayor, Councilmembers/Chairman, Members of Community Development Commission 2. City Manager 3. City Attorney/Community Development Commission Attorney 4. City Treasurer 5. Director of Finance 6. Financial Services Officer 7. Members of the Planning Commission 8. Advisory and Appeals Board 9. Assistant City Attorney/Senior Assistant City Attorney 10. Assistant City Manager 11. Assistant Director(s), Community Development Commission 12. Chief of Police 13. City Clerk 14. Building Inspector/Plan Checker 15. City Engineer 16. City Librarian 17. Civil Service Commission 18. Code Conformance Officer DISCLOSURE CATEGORIES */ */ */ */ */ */ */ 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,7 1,2,7 */ These positions file disclosure statements as required by Government Code §§ 87200- 87210. They are listed here for disqualification purposes only. See Government Code §87200 for disclosure requirements. DESIGNATED POSITIONS DISCLOSURE CATEGORIES 19. Deputy Director of Public Works 1,2,7 20. Director of Building and Safety 1,2,7 21. Director of Parks and Recreation 1,2,7 22. Director of Planning 1,2,7 23. Director of Public Works 1,2,7 24. Executive Director, Community Development Commission 1,2,7 25. Fire Chief 1,2,7 26. Battalion Chief 1,2,7 27. Housing and Community Development Committee 1,2,7 28. Library Board of Trustees 2,6,7 29. Park Superintendent 1,2,7 30. Personnel Director 1,2,7 31. Civil Engineering Technician/Senior Civil Engineering Technician 1,2,7 32. Police Captain 1,2,7 33. Principal Civil Engineer 1,2,7 34. Principal Librarian 1,2,7 35. Principal Planner 1,2,7 36. Project Area Committee 1,2,4,7 DESIGNATED POSITIONS 37. Purchasing Agent 38. Risk Manager 39. Traffic Engineer 40. Transit Director 41. Consultants DISCLOSURE CATEGORIES 1,2,7 1,7 1,2,7 1,2,7 If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director, or Purchasing Agent. City of National City, California COUNCIL AGENDA STATE ENT 2 MEETING DATE 09/26/00 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #12 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #12 per Government Section Code 37208. I - Environmental Review Financial Statement N/A N/A Approved By: Finance Director STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $392,888.97 :272. '1;770 OARD I COMMISSION RECOMMENDATION Ob6a-zeta- /i/aVtd,4.€2; /4V.V70-- /0-432) / 1 PIA-146&(0 /10/4-eitd dY.60(.616 at4e/.44,' / ATTACHMENTS ( Listed Belo 1. Warrant Register,#12 2. Workers' Comp Warrant Register dated 09/13/00 444 Resolution No. A-200 .9.'991 City of National City, California COUNCIL. AGENDA STATE ENT MEETING DATE September 26, 2000 ITEM TITLE 3 AGENDA ITEM NO. RESOLUTION APPROVING REVISIONS TO CITY COUNCIL POLICY NUMBER 704 — LIMITATION ON CITY APPROVED EVENTS WITHIN THE CITY PREPARED BY Kathleen Trees, DirectorDEPARTMENT EXPLANATION Building & Safety At the September 12, 2000 City Council meeting the City Council directed staff to revise the City Council Policy #704 to limit the number of special events that can be held on any given day in the City parks to one. In addition to this change, the policy was routed to all departments using the policy for comments. The Parks and Recreation Department is recommending that events in the park also be limited to no more than one every 6 weeks to allow the grass and the park to rejuvenate between events. The Fire Department is recommending that the policy clarify that their department regulates all fireworks displays. Attached is a summary of the changes. Environmental Review _ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the resolution approving the revised City Council Policy # 704. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed jl 1. Resolution 2. Summary of Revisions 3. Revised City Council Policy 704 A-200 (9/80) .� . Resolution No. 2000-125 RESOLUTION NO. 2000 —125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING REVISIONS TO CITY COUNCIL POLICY NUMBER 704 — LIMITATION ON CITY APPROVED EVENTS WITHIN THE CITY WHEREAS, at the September 12, 2000 City Council meeting, the City Council directed staff to revise the City Council Policy No. 704 to limit the number of special events that can be held on any given day in the City parks to one; and WHEREAS, in addition to this change, the Parks and Recreation Department recommends that the events in any City park also be limited to no more than one every six (6) weeks to allow the grass and the park to rejuvenate between events; and WHEREAS, the Fire Department recommends that the policy clarify that the National City Fire Department is to regulate all fireworks displays. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves revisions to City Council Policy No. 704 which limits City approved events within the City. PASSED and ADOPTED this 26th day of September, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: a igiA George H. . iser, III City Attorney George H. Waters, Mayor CITY COUNCIL POLICY TITLE: ADOPTED: LIMITATION ON CITY APPROVED SPECIAL EVENTS WITHIN THE CITY November 15, 1988 POLICY 704 NUMBER AMENDED OR REVISED: September 26, 2000 Page 1 of 4 Purpose The City Council recognized the potential impact of various special events within the City, specifically when held concurrently, upon Police Department resources and public safety. The purpose of this policy is to limit the number of such events held concurrently in recognition of that potential impact and provide guidelines to insure public safety. Policy Those City approved temporary use activities listed under "Class A Uses/Activities" in the attached sheet (with the exception of "mobile home type structures," which are already limited to periods no longer than one year), shall be limited to no more than two occurring concurrently on a given day with the exception of city parks where special events shall be limited to one on a given day with a minimum of six weeks between special events in order to allow the grass and park to rejuvenate. The Police Department shall indicate on the Temporary Use Permit application form prior to its submission to the City Council, the potential impact of a particular event upon Police resources or public safety. Each event will have necessary security as determined by the National City Police Department. This security can be a) private reserve officers. The Police Department must approve security arrangements prior to the issuance of a Temporary Use Permit. The person or organization responsible for the event will be required to pay for officers assigned to the event. There will be no charge for Reserve Officers. If additional officers are required over the number of officers initially assigned to the event, further charge will be made to the operation or responsible organization. As an example, if an event is required to have four officers present and police activity increases and additional officers are required, there would be no charge for those additional officers. Alcohol will be prohibited to reduce chances of violence and disorderly conduct. A fence may be, required, at the discretion of the Police Department, based upon, 1) event location, 2) past activity at the site, 3) estimated crowd and, 4) type of entertainment in order to control access to the activity by large groups of people. Activities will not operate between the hours of 11 PM and 8 AM on any day. There will be no sales of tickets for any activity one half hour before closing time. If there is an imminent danger to the well being of citizens, the Police Department shall adjust operations hours. CITY OF NATIONAL CITY Summary of Revisions City Council Policy #704 Limitation on City Approved Events within the City 1. Page l of 4 Under Policy: Paragraph 1, add: ...with the exception of city parks where special events shall be limited to one on a given day with a minimum of six weeks between special events in order to allow the grass and park to rejuvenate. 2. Page2of4 Under Policy, add Paragraph 7: The Fire Department is to have absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. CITY COUNCIL POLICY TITLE: ADOPTED: LIMITATION ON CITY APPROVED SPECIAL EVENTS WITHIN THE CITY November 15, 1988 POLICY 704 NUMBER AMENDED OR REVISED: September 26, 2000 Page 2 of 4 The City Council may, by its specific action, waive the subject limit for a particular event, if in its view, no adverse impact upon Police Department resources or public safety would result. et The Fire Department is to have absolute authority, control and decisions over all fireworks and or pyrotechnic displays. Outdoor Events at the Community Center A Temporary Use Permit is required for events in the park or parking lot adjacent to the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of City Parks" as established by the Parks & Reeation Director. In addition, a Temporary Use Permit is required for the use of th gafk-or parking lot adjacent to the Community Center in conjunction with an event in the Community Center subject to the provisions of Chapter 15.60 of the NregrePand/or the "TUP Guidelines for Use of City Parks" as established by the Parks -8Kacreation Director. Lae T.U.P. Applications discretion of the Building & Safety Director, Temporary Use Permit date of the event provided the Building & Safety Director finds the size and scope of th event lends the application to expedited review by City departments and atio.n by the City Council. In no event shall a Temporary Use Permit application involving more than 500 participants receive expedited processing without prior approval of the City Council. Ph ra h /Motion Picture Permits rie Director of Building & Safety is designated as the individual to work directly with the film industry. The Director of Building & Safety shall develop administrative policies and procedures to implement the California Film Commission's Model Filming Permit Process to the greatest extent possible. The following Temporary Use Permits are required for photography and/or motion picture filming: Class A: Photography or filming on public or private property that requires street closures and/or traffic control in excess of three minutes, or that involves stunts or special effects which may require City services. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: LIMITATION ON CITY APPROVED POLICY 704 SPECIAL EVENTS WITHIN THE CITY NUMBER ADOPTED: AMENDED OR November 15, 1988 REVISED: September 26, 2000 Class B: Page 3 of 4 Photography or filming on public or private property that does not involve street closures and/or traffic control in excess of three minutes and does not involve stunts or special effects which may require City services. Applications for a Temporary Use Permit for Photography/Filming shall be based on the model photography/filming permit developed by the California Film Commission. Applications shall be filed with the Building & Safety Department in the following specified number of days prior to the date the filming is to occur: Class A: Class B: 10 working days 2 working days The applicant may be required to reimburse the City for costs incurred in providing support services in conjunction with a Temporary Use Permit for Photography/Filming. LiciSS i-t al KA IS Sid tJ GILLUi i I pdi litu uy L.0" lig ILcac Ui .1.11W-11 and Neighborhood Notification Form when deemed appropriate by the Risk Manager and the Director of Building & Safety. T.U.P. Processing Fee Waivers The City Council shall waive T.U.P. processing fees only in the case of a non-profit organization, and when such organization can demonstrate that the event for which the T.U.P is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P. is requested result in: 1) Direct financial benefit to an individual who resides or its employed in the city, and who is in dire financial need due to health reasons or a death in the family, or 2) Direct financial benefit to city government, e.g. generation of sales tax; or 3) Direct financial benefit to a service club, social services agency, or other secular non —profit organization located within the city, e.g. Kiwanis, Rotary, Lions, Boys and Girls Club; or 4) Direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) funding. CITY OF NATIONAL CITY TITLE: CITY COUNCIL POLICY LIMITATION ON CITY APPROVED POLICY 704 SPECIAL EVENTS WITHIN THE CITY NUMBER ADOPTED: AMENDED OR November 15, 1988 REVISED: September 26, 2000 Page 4 of 4 T.U.P. Events at El Toyon Park T.U.P. events at El Toyon Park shall be limited to 50 or fewer participants. T.U.P Event Notification Procedures It shall be the responsibility of the T.U.P. applicant to provide written notification 'to occupants of property adjacent to a City park for events in the park which involve any of the following activities: 1) Live musical performances 3) Fireworks or similar 2) Use of amplified sound pyrotechnic displays systems other than hand-held 4) Other activities or events or portable systems. which the City Council deems warrant notification. The written notification shall include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event, and the name of the sponsor's representative who will be at the park on the day(s) of the event and how that individual may be contacted the need arise. The written notification shall be mailed to the occupants of properties abutting City parks as reflected on maps prepared by the Building & Safety Department. The written notification shall be submitted to the Building & Safety Director for review and approval prior to mailing. The date of mailing of the notification shall be scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set-up activities for the event. Failure to provide notification as stated herein may be cause for the revocation of T.U.P. approval for the event, or denial of future T.U.P. applications submitted by the sponsoring organization. Related Policy References Municipal Code Chapter 18.118 Municipal Code Section 6.28 Municipal Code Section 6.52 CITY OF NATIONAL CITY WRITTEN COMMUNICATIONS ITEM #4 9/26/00 *Note: Mayor's and Council's enclosuresdistributed on 8/31/00 Cc: J cirri �T r-ao Prop. BB Campaign Headquarters 4046 Bonita Road Bonita, CA 91902 0 Ph. (619) 472-7270 FAX (619) 472-7272c August 28, 2000 Ms. Lavonne Watts City Manager's Office City of National City 1243 National City Blvd. National City, CA 91950 Subj: Proposition BB Speaker at 9/26/00 City Council Meeting Dear Ms. Watts: G31 AM I:t+8 Pursuant to our telephone discussion today, this letter confirms our request for a Proposition BB speaker to address the your City Council at its regular meeting scheduled on September 26 at 6:00 p.m: Dr. Ed Brand, Superintendent, Sweetwater Union High School District, will appear before your Council and share information regarding the November 7 ballot proposition to issue General Obligation Bonds for modernization of middle and high schools in the District. This bond proposition, if approved by the voters, will provide funding to complete its Facilities Improvement Plan, copy enclosed. If you need additional information, please call me at 619/472-7270. Thank you in advance for your consideration. Sincerely, usan Price Prop BB Campaign Coordinator sp Enclosure cc: Dr. Ed Brand, Superintendent of Schools CITY 4' City of Notl City, C Alf rnia UNC1L AGENDA STATEMENT MEETING DATE September 26, 2000 ITEM TITLE PREPARED Ik EXPLA ATO AGENDA ITEM NO, 5 Potential Council Recess for Tuesday, November 21, 2000 Tom G. McCabe DEPARTMENT City Manager This year, Thanksgiving Day falls on Thursday, November 23rd. November 23rd and November 24tn are designated holidays. Thanksgiving week will be a short workweek with employees taking extended leave to be with family. For this reason, it is recommended that the Council dispense with the November 21st Council meeting. Municipal Code Section 2.04.020 states, in part, that, "Any regular meeting may be dispensed with by vote of the City Council." In order to provide all interested parties with advanced notice for planning purposes, the Council should, if it is your desire, cancel the November 21st meeting by minute action and then adjourn the meeting of November 14th to November 28th. ,mental R Iew Fincvnenl Statement N/A STAFF 'SCOM ENATIO X /A Account No. City Council dispense with the November 21, 2000 Council meeting. BOARD/COMM/SSION RECOM E ATIPN N/A ATTACHMENTS (Listed Below) None A-200 (Rev. 9/M