Loading...
HomeMy WebLinkAbout2000 06-13 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, JUNE 13, 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 C►TY 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 JUNE 6, 2000 COUNCIL AGENDA 6/13/00 Page 2 MAYOR'S PRESENTATION Local Fiscal Financial Reform presented by Ken Fabricatore (SANDAG) PROCLAMATION Proclaiming June 24, 2000 to be: "MILE OF CARS BLOOD DRIVE DAY" 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. WARRANT REGISTER #49 (Finance) Ratification of Demands in the amount of $1,842,500.00 ORDINANCE FOR ADOPTION 2. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by adding Chapter 10.21 and Sections 10.21.010 through 10.21.070, all pertaining to restricting possession of Clonazepam. (City Attorney) NEW BUSINESS 3. Temporary Use Permit - New Covenant Tabernacle Community Outreach. (Building & Safety) COUNCIL AGENDA 6/13/00 Page 3 NEW BUSINESS (Cont.) --* CITY MANAGER --> CITY ATTORNEY -> OTHER STAFF 4. Approval of Temporary Use Permit (TUP) for car show at Sweetwater High School on June 5, 2000. (City Clerk) - � MAYOR - ÷ CITY COUNCIL 5. Discussion of quarterly meetings for claims/litigation review. (Councilman Inzunza) 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 6/13/00 Page 4 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - June 20, 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 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor DATE: JUNE 1, 2000 TO: CITY MANAGER FROM: MAYOR WATERS SUBJECT: COUNCIL AGENDA --- JUNE 13, 2000 Please include under the Mayor's Presentation: LOCAL FISCAL FINANCIAL REFORM presented by Ken Fabricatore (SANDAG). GEO MAYOR GE H. WATERS 0 Recycled Paper 1rti rtaluatiLln WHEREAS, The San Diego Blood Bank, a non-profit organization, is the primary blood supplier to the San Diego region; and WHEREAS, The San Diego Blood Bank was established in 1950 by the San Diego County Medical Society with the specific purpose of serving this WHEREAS, WHEREAS, WHEREAS, community; and The San Diego Blood Bank is awarding special blood donor T-shirts to all blood donors throughout the month of June, 2000, to recognize those who give blood; and The San Diego Blood Bank needs 400 pints of blood per day to maintain an adequate supply for our region; and The National City Mile of Cars is holding their first annual Blood Drive Day to benefit the San Diego Blood Bank in the City of National City on Saturday, June 24, 2000. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of Wational City, do hereby proclaim June 24, 2000 to be: "MILE OF CARS BLOOD DRIVE DAY" in the City of National City and salute the Mile of Cars in its efforts to encourage San Diegans to give blood. I also urge all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 13th day of June, 2000. City of National City, California COUNCIL AGENDA STATEMENT 1 MEETING DATE 06/13/00 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #49 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION -Ratification of Warrant Register #49 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A Account No. TAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,842,500.00 BOARD/COMMISSIO RECOMMEND TION ITT; :CHMENTS (Listed Below) 1. Warrant Register #49 2. Payroll dated 6/7/00 3. Workers' Comp Warrant Register dated 5/31/00 Resolution No A•200 (Rev. 9/80) SECOND READING City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 13, 2000 2 AGENDA ITEM NO. (-ITEM TITLE ORDINANCE AMENDING 1'1'1'LE 10 OF THE NCMC BY ADDING CHAPTER 10.21 AND SECTIONS 10.21.010 THROUGH 10.21.070, ALL PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM PREPARED BY DEPARTMENT Rudolf Hradecky, Esq. Vd City Attorney EXPLANATION Please see attached Staff Report, Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Enact ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS 1 Listed Below } Ordinance Background material from the City of San Diego governing an ordinance to prohibit possession of Cionazepam without a presc:. iption. Resolution No. A-200 (9/80) STAFF REPORT ORDINANCE AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.21 AND SECTIONS 10.21.010 THROUGH 10.21.070, ALL PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM In 1984, the Legislature amended provisions of the Health and Safety Code, inadvertently making mere possession of Clonazepam not unlawful. Legislation has been introduced (AB 163, Wayne) to ieiuedy this. However, it is unlikely to be enacted prior to January 1, 2001. Clonazepam is readily and cheaply available in Mexico without a prescription. Clonazepam is within the category of drugs called "date rape" drugs which have been used to facilitate sexual attacks upon unsuspecting victims who unknowingly ingest the drug. The District Attorney cannot prosecute persons for simple possession of Clonazepam, such as for a few capsules, unless the quantity is large enough to be classified as possession for sale. Due to our proximity to the border and the number of incidents reported in the South Bay district, both the Chief of Police and the Supervising Deputy District Attorney, South Bay, concur that enactment of a local ordinance making simple possession without a prescription a misdemeanor will allow police to apprehend and, when necessary, impound Clonazepam from offenders, thereby restricting the availability of this substance and potentially reducing its threat. The District Attomey's Office has advised that it will prosecute any violators if this ordinance is enacted. The attached ordinance is patterned on an urgency ordinance ;enacted by the City of San Diego. Other cities are considering enacting comparable ordinances in order to coordinate law enforcement efforts. The proposed ordinance contains a "sunset" provision, i.e., it will be automatically repealed and decodified upon the effective date of any state law regulating or prohibiting the possession of Clonazepam without a prescription. Clans F. Boyorrnre Jeffrey.. Deland Chief CaDaaas James L Ashford David Dkaemon Mn T. Studebaker .aria A.weItmen Devtd D. Aiws Flan.. S. Durbin RobertR Granke Micheal a Keay Mkhaal J. Kamen James A. Marsha Robert G. M6usr Thdyo.Peve611 Marguerhe Roth Wham X. Stant Micheal H. Upson Christopher Zfride Prindpei Depvin Stele Capitol. Suite 3021 6eaamenio. CA s611144908 (916) 445.30S7 Teledopter. (316) 322-076e Honorable Howard W 2170 State Capi Dear Mr. W state law? state law. Connstl of fortha BION M. GREGORY Sacramento, California November 22, 1999 QUESTION Is the simple possession of clonazepam prohibited by Paul AMU Chores C. Aebat .toe J. Ayala. Lars K. Bierman Merle L 8ondemo Ann M. Bumtae Eileen J. Swoon Cindy M. Cerdullo Shard Had Cohen Endts Cutrsr Ben E. Date Syron O. Garnish. Jr. J. Christopher Damon Cordon J. dawn Linda Dozier cherish S. Minn Sharon R. Rehm Clay Ruler PsMN. R. Gage Debit Mich Gibbons Sins K Gilbent boys Anne Went Min D.Gnas Esuabe%M. Gran Made MleMoe Hanle Janet HarMgton SeMw S. Hen Thane R. Heuer • Led Mn Joseph David B. Judson Micheal Anon Ken Era B.14odnger Aubrey t L. gee Fetid' i Diana G. Lim Kat S. Lade Mariana Marin Anthony P./as/qua Francisco A. Martin JudyAnne McGinley Peter Waco, Abel MA: Dams L Nevlk Wined L Pope, Jr. Sharon Reilly Tara Ruro Michael B. Salemo Jessica L Steele Christopher H. Stevens Ellin Swint . Mack Franklin Terry Jab Thorn Richard S. Weisberg Karen L Zl,Mnd Jack C. Zorman OPINION The simple possession of clonazepam is not prohibited by ANALYSIS By way of background, the terms "simple possession" and "possession for sale" are discussed in Witkin and Epstein, California Criminal Law, 2nd Edition, Section 1001, as follows: "(a) Simple Possession [involves) the following elements: (1) A specified controlled substance, in a sufficient quantity. (2) Possession, which may be physical or constructive, and exclusive or joint. (3) Knowledge of the fact of possession and of the illegal character of the substance." "Any person may be guilty of illegal possession, including doctors and pharmacists who acquire the substance otherwise than in compliance with the regulations governing lawful use. Honorable Howard Wayne - p. 2 - #24307 "(b) Possession for Sale ... necessarily requires] proof of the purpose of possession. . . * * *II (Citations omitted.) Controlled substances are regulated under the Uniform Controlled Substances Act set forth in Division 10 (commencing with Section 11000) of the Health and Safety Code. Under that law, controlled substances are classified into five schedules, with Schedule I set forth in Section 11054 of the Health and Safety Code, Schedule II set forth in Section 11055 of the Health and Safety Code, Schedule. III set forth in Section 11056 of the Health .and Safety Code, Schedule IV set forth in Section 11057 of the Health and Safety Code, and Schedule V set forth in Section 11058 of the Health and Safety Code. The term "controlled substance," unless otherwise specified, means a drug, substance, or immediate precursor that is Listed in any schedule in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code (Sec. 11007, H.& S.C.). Section 11057 of the Health and Safety Code reads, in pertinent part, as follows: "11057. (a) The controlled substances listed in this section are included in Schedule IV. * * * "(c) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base. or alkaloid, in limited quantities as set forth below: "(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. "(2) Dextropropoxyphene (alpha-(+)-4- dimethylamino-1, 2-diphenyl-3-methy1-2- propionoxybutane). . "(d) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of those salts,.isomers, and salts of 7 Honorable Howard Wayne - p. 3 - #24307 isomers is possible within the specific chemical designation: * * * "(6) Clonazepam. Thus, the controlled substance clonazepam is listed in Schedule IV (para. (6),. subd. (d), Sec. 11057, H.& S.C.). It is classified under that schedule as a depressant and not as a narcotic.drug (compare subds. (c) and (d), Sec. 11057, H.& S.C.). Under the Uniform Controlled Substances Act, Chapter 6 (commencing with Section. 11350) sets forth offenses and penalties involving controlled substances. Article S (commencing with Section 11377) of that chapter pertains to offenses involving specified controlled substances, including nonnarcotic Schedule IV drugs. Section 11377 of the Health and Safety Code reads, in pertinent part, as follows: "11377. (a) ... every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison. * * *" Thus, it is a•misdemeanor or a felony for any. person to possess any controlled substance that is classified in Schedule IV and is not a narcotic drug, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state (subd. (a), Sec. 11377, H.& S.C.). An exception to the general rule of Section 11377 of the Health and Safety Code is contained in Section 11375 of the Health and Safety Code,"which reads as follows: "11375. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. "(b) Every person who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county Honorable Howard Wayne - p. 4 - #24307 jail for a period of not more than one year or state prison. "(c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: "(1) Chlordiazepoxide. ."(2) Clonazepam. * * *" (Emphasis added.) Thus, Section 11375 of the Health and Safety Code provides that, as to the substances specified in subdivision (c), Section 11375 of the Health and Safety Code, and not Sections 11377, 11378, 11379, and 11380 of the Health and Safety Code,1 shall apply. Clonazepam is one of the substances specified in subdivision (c) of Section 11375 of the Health and Safety Code (see para. (2), subd. (c), Sec. 11375, H.& S.C.). As a result, Section 11375 of the Health and Safety Code, and not Section 11377, 11378, 11379, or 11380 of the Health and Safety Code, applies to any controlled substance offense involving clonazepam. In particular, with respect to a simple possession offense involving clonazepam, Section 11375 of the Health and Safety Code applies rather than Section 11377 of the Health and Safety Code. Section 11375 makes it a misdemeanor or a felony for any person to possess for sale, or sell, any of the substances specified in subdivision (c). Section 11375 does not make simple possession a criminal offense. Thus, while Section 11377 of the Health and Safety Code generally makes simple possession of nonnarcotic Schedule IV drugs a crime, Section 11375 of the Health and Safety Code makes an exception to this general rule for specified nonnarcotic Schedule IV drugs, including clonazepam. Further, while 1 Section 11378 of the Health and Safety Code proscribes the possession for sale of specified controlled substances, including nonnarcotic Schedule IV drugs; Section 11379 of the Health and Safety Code proscribes the transporting, importing into this state, selling, furnishing, administering, or giving away of the same specified controlled substances; and Section 11380 of the Health and Safety Code proscribes the use or inducement of a minor by an adult to commit controlled substance offenses involving the same specified controlled substances. Honorable Howard Wayne - D. 5 - #24307 Section 11375 of the Health and Safety Code proscribes the possession for sale or sale of clonazepam, it does not proscribe the simple possession of clonazepam. To summarize, the possession of many controlled substances is specifically made a crime by the Uniform Controlled. Substances Act. Furthermore, the sale or possession for sale of clonazepam is made.a crime by that act. However, the simple possession of clonazepam is not a crime under the Uniform • Controlled Substances Act. You have asked -us to consider Section 4060 of the Business and Professions Code. That section, which is part of an article regarding the permissible scope of practice of a pharmacist/pharmacy subject to, and exemptions tothe application of, the Pharmacy Act, is. contained in Article 3 (commencing with. Section 4050) of Chapter 9 of Division 2 of the Business and . Professions Code. The section reads, in pertinent part, as follows: "4060. No person shall possess any controlled substance, except that furnished to a person upon the prescription of a physician, dentist, podiatrist, or veterinarian. This section shall not apply to the possession of any controlled substance by a manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist, or veterinarian, when in stock in containers correctly labeled with the name and address of the supplier or producer." While it may be argued that Section 4060 of the Business and Professions Code would apply to make the simple possession of clonazepam a crime, we think that the legislative history of Section 11375 of the Health and Safety Code and Section 4060 of the Business and Professions Code and the applicable rules of statutory construction present a potent counter to that. argument. Chapter 1635 of the Statutes of 1984 (hereafter "Chapter 1635") amended Section 11375 of the Health and Safety Code to exempt clonazepam from the application of Sections 11377, 11378, 11379, and 11380 of the Health and Safety Code. That statute also amended Section 4230 of the Business and Professions Code (the predecessor to Section 4060 of the Business and Professions Code) to read essentially the same as the current version of Section 4060 of the Business and Professions Code. The rules of statutory construction provide that a statute is to be construed so as to harmonize its various parts within the legislative purpose of the statute as a whole (Wells v. Marina City Properties, Inc. (1981) 29 Ca1.3d 781, 788), and if Honorable Howard Wayne - p. 6 - #24307 possible, with other laws relating to the same subject (Isobe v. Unemployment Ins. Appeals Bd. (1974) 12 Ca1.3d 584, 590-591). An analysis of A.B. 3876, as amended April 5, 1984, (which, when enacted, became Chapter 1635), by the Assembly Committee on Criminal Law and Public Safety states that one of the purposes of A.B. 3876 was to "[a]dd 20 new controlled substances (see attached chart) with penalties for possession, possession for sale, and sale, that are currently regulated by federal law but are not covered by state schedules, to the revised state schedules The chart that is attached to this analysis sets forth these 20 new controlled substances and their penalties. Item 16 sets forth a group of sedative, hypnotic, or depressant controlled substances that includes clonazepam2 and indicates that those controlled substances are placed in Schedule IV under federal law (21 C.F.R. 1308.14(c)), and indicates that those controlled substances would be placed in Schedule IV under state law with the enactment of A.B. 3876 (see Sec. 11057, H.& S.C.), with offense penalties of incarceration in county jail or state prison for possession for sale or sale and no penalty for simple possession. We think that while the Uniform Controlled Substances Act generally prohibits the possession, possession for sale, and sale of Schedule IV nonnarcotic drugs, it is the purpose of Section 4230 of the Business and Professions Code to provide an exception to this general rule by authorizing the possession of these drugs upon the prescription of a physician, dentist, podiatrist, or veterinarian (see also Sec. 11377, H.& S.C.). Thus, in our view, Section 4230 of the Business and Professions Code is not intended as a separate, additional prohibition upon the possession of controlled substances. To the extent that there is any conflict between the Uniform Controlled Substances Act and Section 4230, we think that the penalty provisions of the Uniform Controlled Substances. Act constitute special statutes that prevail over the general statute of Section 4230 of the Business and Professions Code (see People v. Kessler (1967) 250 Cal.App.2d 642, 650) . Section 11375 of the Health and Safety Code provides a further exception to the general rule that prohibits the possession of controlled substances by prohibiting only the possession for sale or sale of specified controlled substances, 2 Item 16 sets forth diazepam, chlordiazepoxide, and flurazepam as illustrative of the group of controlled substances in question. These three controlled substances, as well as clonazepam, are listed together in subdivision (c) of Section 1308.14 of Title 21 of the Code of Federal Regulations, which sets forth the drugs and other substances classified in.Schedule IV of the federal uniform controlled substances act. Honorable Howard Wayne - p. 7 - #24307 including clonazepam. The mere possession of the controlled substances specified in Section 11375 of the Health and Safety Code, without a prescription, is not prohibited by state law. Accordingly, it is our opinion that the simple possession of clonazepam is not prohibited by state law. Very truly yours, SRF:sjm Bion M. Gregory Legislative Counsel j By � tl 141; c wt )L 5-1k, c_ Sharon R. Fisher Deputy Legislative Counsel TOTAL P.08 AB 163 Page 1 Date of Hearing: January 4, 2000 Counsel: Gregory Pagan - ASSEMBLY COMMITTEE ON PUBLIC SAFETY Mike Honda, Chair AB 163 (Wayne) — As Amended: January 3, 2000 SUMMARY: Makes the possession of clonazepam a misdemeanor punishable by imprisonment in the county jail for a period of not more than one year. Specifically, this bill provides that every person who possesses clonazepam, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice law in California, shall be punished by imprisonment in the county jail for a period of not more than one year in the county jail. EXISTING LAW: 1) Provides that every person who possesses for sale or who sells clonazepam shall be punished by imprisonment in the county jail for a period of not more than one year, or by imprisonment in the state prison for 16 months, 2 or 3 years. (Health and Safety Code Section 11375.) 2) Provides that clonazepam is a Schedule IV controlled substance. (Health and Safety Code Section 11057.) 3) Classifies controlled substances in five schedules according to their danger and potential for abuse. Schedule I substances are the most restricted, and Schedule V the least restricted. (Health and Safety Code Sections 11054 —11058.) FISCAL EFFECT: Unknown COMMENTS: 1) Author's Statement. According to the author, "Current law does not prohibit the simple possession of clonazepam. Clonazepam is an extremely strong prescription medication used for the treatment of anxiety. Unfortunately, clonazepam is being used as a recreational drug by some juveniles and adults. The pills can be easily obtained in Mexico, without a prescription, and brought into the. United States. The drug produces serious motor impairment, disorientation, sleep that cannot be aroused, amnesia,and if ingested in very high doses it could lead to coma and respiratory failure. Effects begin in about 15 to 20 minutes depending on the mode of ingestion and can last up to 12 hours. Clonazepam can commonly be found in high schools, on college campuses and at parties. It is used to facilitate rape and other assaults. Sometimes, it is administered to unknowing victims by putting it in their drink. "Clonazepam pills are sold for as little as a dollar, and are called the 'dollar a date' drug by many who use it. AB 163 will make it a misdemeanor to possess clonazepam without a prescription. I believe we must do everything in our power to stop the proliferation of 'date AB 163 Page 2 rape drugs'." 2) Background. Clonazepam is a Schedule IV controlled substance. It is an anticonvulsant with pharmacologicalprofile similar to other anxiolytic/sedative benzodiazepines. Clonazepam is • capable ofsuppressing the spike and wave discharge in absence seizures (petit mal) and decreasing the frequency, amplitude, duration and spread of discharge in minor motor seizures. Health and Safety Code Section 11377 (a) provides that every person who possesses ariy controlled substance classified as Schedule III, IV, or V and is not a narcotic drug, without a prescription from a physician, dentist, podiatrist, or veterinarian licensed to practice in California, shall be punished•by imprisonment in a county jail for a period of not more than one year. Health and Safety Code Section 11375 makes it an alternate misdemeanor/felony for any person to possess for sale, or sell clonazepam. Health and Safety Code Section 11375 also creates an exception to the general rule with regard to the simple possession of clonazepam. Thus, the simple possession of clonazepam is not a criminal offense. This bill eliminates this exception, and makes the simple possession of clonazepam a misdemeanor punishable by up to one year in the county jail. 3) Juvenile Abuse of Clonazepam. According to juvenile officers of the San Diego Police Department, there has been a huge increase in the amount of Rivotril (clonazepam) by juveniles in the City of San Diego. Rivotril is referred to on the street as a "dollar date" because each tablet costs a dollar and is one of the drugs used to facilitate rape. The drug has hypnotic, sedative, and central nervous system depressive action. When mixed with alcohol, the drug's effects are enhanced. Rivotril has similar effects as Rohypnol, which can be a felony to possess, but the simple possession of Rivotril is not a criminal offense. Abuse of Rivotril is frequently seen in San Diego because of San Diego's proximity to the Mexican Border. Rivotril can • be obtained in Mexico by juveniles, without a prescription, for as little as 25 cents a tablet. Rivotril is more common for teenagers to possess than marijuana. It is cheaper, easier to conceal, and more readily available. The "word on the street" is that there are no legal repercussions for possessing the drug. Rivotril is.used morefrequently than Rohypnol in sexual assaults. Such a dangerous drug should be illegal to possess. Unless the state makes the possession of Rivotril illegal, there will be an increased use and abuse of this drug. REGISTERED SUPPORT / OPPOSITION: Support Los Angeles County District Attorneys Office Opposition None on File Analysis Prepared by: Gregory Pagan ! PUB. S. / (916) 319-3744 CITY OF SAN DIEGO MEMORANDUM DATE: October 1, 1999 TO: Don MacNeil, Deputy District Attorney, County of San Diego FROM: Debra Lance, Sergeant, Southern Division Juvenile Services Team SUBJECT: Request for New Legislation (Re: Rivotril/Clonazepam) PROBLEM: Rivotril (Clonazepam), a Schedule IV controlled substance, is currently not illegal to possess. We have seen an increase in the amount of Rivotril in the hands of the juveniles in Southern Division and we are powerless to address the • issue. SOLUTION: Provide emergency legislation to assist us in keeping this. dangerous drug out of the hands of juveniles in our community. DISCUSSION: During the last few months, we have seen a huge increase in the amount of Rivotril that is coming into the hands of the juveniles in Southern Division. Rivotril is referred to on the street as a "dollar date" because each tablet costs a dollar and is one of the drugs used to facilitate rape. This drug has hypnotic, sedative, CNS (central nervous system) depressive action. When mixed with alcohol, the drug's effects are enhanced. Taking this drug may cause the victim to lose consciousness. If the victims remain conscious they may be so incapacitated by the drug, that they are unable to fend off the sexual assault. The victim may also experience amnesia. We have been aggressively trying to remove this dangerous drug from our community. We previously received training that possession of Rivotril was a felony under 11377(a) H&S. However, we recently received a legal opinion from the District Attorney's office that Rivotril (Clonazepam), a Schedule IV controlled substance, is not illegal to possess. It is only illegal to possess for sale or to sell (11375 H&S). This leaves us with no identified legal remedy to address the problem of a juvenile who has one or two tablets in their pockets. Rivotril has similar effects as Rohypnol, which is a felony to possess under 11377(a) H&S. The difference is, Rohypnol is not legal to possess in the United States. Clonazepam is a commonly prescribed drug for anxiety or seizure disorders. Southern Division sees the majority of this drug due to the proximity to the Mexican Border. Rivotril can be easily obtained in Mexico. Kids have told us that they purchase the Rivotril tablets for 25 cents a tablet and sell them for a dollar a tablet. Officer C.J. Green, one of our School Task Force officers, who works at Southwest High School said, "Rivotril is more common for teenagers at Southwest to possess than marijuana. It is cheaper, easier to conceal, and more readily available." The "word on the street" is that there are no repercussions for possessing this drug. Sergeant Archambault-of the Sex Crimes Unit tells me that Rivotril is now used more often than Rohypnol in drug facilitated sexual assaults. Victims often take this drug not knowing its effects or someone crushes the tablet to powder and then puts it in the victim's drink without the victim's knowledge. It is currently illegal -for a minor to possess tobacco or alcohol. Common sense dictates that a dangerous drug like Rivotril should also be illegal to possess. However, it seems that we have no legal right to attempt to alleviate this problem, as it is not illegal to posses. Unless something is done immediately, I fear an increased use and abuse of this drug. We have asked for an opinion from our City Attorney about how officers are to proceed with this issue. For example: Although we have no legal right to seize the drug for mere possession, what civil liability will there be if an officer doesn't seize the drug from a juvenile and the juvenile later overdoses from the drug or is a victim/suspect in a sexual assault? Thank you in advance for your prompt attention to this serious issue facing the health and welfare of the children of Southern Division. Please feel free to call me at 424-0425 if you have any questions. „,z2a4 Debbie Lance, Sergeant Southern Division, Juvenile Services Team cc: Fred Moeller, Captain, Southern Division GREGORY THOMPSON ASSISTANT a5TA1CT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SAN DIEGO t. PAUL J. PFINGST DISTRICT ATTORNEY September 14, 1999 Captain Fred Moeller San Diego Police Department -Southern 1120 27th Street • San Diego, CA 92154 South Bay Branch Circa 500 Third Aveauc Chula Vista. CA 91910-5694 (619) 691-4695 Re: Herth & Safety Code § 11375 and Business & Professions Code § 4060 Dear Captoeller: I am writing this letter to you to inform you that our office has decided not to file misdemeanor charges (Business and Professions Code section 4060) against individuals found to possess drugs covered by Health and Safety Code section 11375. The Legal Policies Committee of our office made this decision after a thorough evaluation. I have enclosed a copy of the above two statutes with this letter. Of course, our office will continue to file cases in which a person possesses the drugs for sale or transportation. Business & Professions Code § 4060 is contained within the Healing Arts division of the Business & Professions Code and is designed to regulate pharmacists. There was also a recent Court of Appeal case (People v. Denison, (1998)-67 Cal.App.4' 962 and 68 Cal.App.4t.1283a) in which the justices chastised the Attorney General for suggesting that a person possessing a small quantity of valium could be prosecuted under Business & Professions Code § 4060. The court stated that allowing prosecutions under Business & Professions Code § 4060 would conflict with the plain meaning of Health & Safety Code § 11375 and defeat its purpose. While Denison has now been depublished and is therefore not citable as authority, the committee agreed with its analysis and thus we will not file misdemeanor cases. Captain Fred Moeller. September 14, 1999 Page 2 Does this effect'your officers? Yes. Your officers need to be very careful before arresting people for 'simple possession' of those drugs. They need to make sure that any seized drugs are in fact drugs contained within Health & Safety Code § 11377 and not Health & Safety Code § 11375. If you have any questions, please feel free to call me at 691-4909. .Yours truly, avid Greenberg Chief South Bay Branch Enclosures (3) § 11375. Possession for sale or sale of designated controlled substances; application of section; punishment Text of section operative until the terms of Section 3 _ of Stats.1996, c. 109 (S.B.1426) are met. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. • (b) Every person.who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for a period of not more than one year or state prison. (c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: (1) Chlordiazepoxide. (2) Clonazepam. — (3) Cloraze Diazep (5) Fluraze Loraze (7) Mebuta (8) Oxazep (9) Prazep (10) Tema (11) Halaz (12) Alpra (13) Propo (14) Die (15) Phent Pemol (17) Fenflu (18) Triazo (Added by (Amended epate. am. para. pam• mate. am. am. zepam. epam. zolam. xyphene. thylpropion. termine. ine. ramine. lam. Stats.1984, c. 1635, § 63.) by Stats.1992, c. 616 (S.B.2013), § 3.) For text of section operative when the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met, see Health and Safety Code § 11375, post. IZsvoTR.�I..� § 11375. Possession for sale or sale of designated controlled substances; application of section; Text -of section operative when the terms of Section 3 of Stats:1996, c. 109 (S.B.1426) are met. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. (b) Every person•who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for a period of not more than one year or state prison. (c) This section shall apply"'to any material, compound, mixture, or preparation containing any of the following substances: (1) Chlordiazepoxide. (2) Clonazepam. (3) Clorazepate. (4) Diazepam. (5) Flurazepam. (6) Lorazepam. (7) Mebutamate. (8) Oxazepam. (9) Prazepam. (10) Temazepam. (11) Halazepam. (12) Alprazolam. (13) Propoxyphene. (14) Diethylpropion. (15) Phentermine. (16) Pemoline. (17) Triazolam. (Added by Stats.1984, c. 1635, § 63.) (Amended by Stats.1992, c. 616 (S.B.20.13), § 3; Stats.1996, c. 109 (S.B.1426), § 2, eff. July 1, 1996.) For text of section operative until the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met, see Health and Safety Code § 11375, ante. § 4060. Controlledsubstances; possession No person shall possess any controlled substance, except that furnished to a person upon the precription of a physician, dentist, podiatrist, pr veterinarian. This section shall not apply to the possession of any controlled substance by a manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist, or veterinarian, when in stock in containers correctly labeled with the name and address of the supplier or producer. (Added by Stats.1996, c. 890 (A.B.2802),, § 3. Amended by Stats.1997, c. 549 (S.B.1349), § 40.) § 11375. Possession for sale or sale of designated controlled substances; application of section; i Text of section operative when the terms of Section 3 of Stats.1996,—c. 109 (S.B.1426) are met. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378,-11379, and 11380, shall apply. (b) Every person•who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for a period of not more than one year or state prison. (c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: (1) Chlordiazepoxide. (2) Clonazepam. (3) Clorazepate. (4) Diazepam. (5) Flurazepam. (6) Lorazepam. (7) Mebutamate. (8) Oxazepam. (9) Prazepam. (10) Temazepam. (11) Halazepam. + • (12) Alprazolam. (13) Propoxyphene. • (14) Diethylpropion. (15) Phentermine. 0 (16) Pemoline. (17) Triazolam. (Added by Stats.1984, c. 1635, § 63.) (Amended by Stats.1992, c. 616 (S.B.2013), § 3; Stats.1996, c. 109 (S.B.1426), § 2, eff. July 1, 1996.) For text of section operative until the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met, see Health and Safety Code § 11375, ante. § 4060. Controlled' substances;, possession No person shall possess any controlled substance, except that furnished to a -- person upoilitpe prczcription of a physician, dentist, podiatrist, or veterinarian.. This section shall not apply to the possession of any controlled substance. by a manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist, or veterinarian, when in stock in containers correctly: labeled with the name and address of the supplier or producer. (Added by Stats.1996, c. 890 (A.B.2802),. § 3. Amended by Stats.1997, c. 549 (S.B.1349), § 40.) DATE ISSUED: REPORT NO: ATTENTION: Honorable Mayor and City Council Agenda of SUBJECT: Amendment to San Diego Municipal Code Article 2 by adding Division 32 and new Sections 52.3201, 52.3202, 52.3203, 52.3204, 52.3205, and 52.3206. SUMMARY Issues - Should the City of San Diego create an emergency ordinance to amend the Municipal Code requiring a valid prescription for the simple possession of Clonazepam. Manager's Recommendations - Approve the adoption of the emergency ordinance. Other Recommendation - None Fiscal Impact - No fiscal impact to the City is expected. The new ordinance will allow law enforcement to arrest individuals who possess Clonazepam without a prescription. The enforcement of the new ordinance would be assimilated into normal day-to-day police activities. BACKGRQUjD Prior to the 1984 Legislative Session, the possession of Clonazepam, without a prescription, was a felony per section 11377 of the Health and Safety Code. Clonazepam is a specified, Schedule TV, nonnarcotic drug. During the 1984 Legislative Session, Assembly Bill 3876, amended the Health and Safety Code creating a new statute making it a misdemeanor or a felony for any person to possess for sale, or sell, any of the substances listed as Schedule IV, nonnarcotic drugs. The language used in the creation of Assembly Bill 3876 unintentionally negated portions of Section 11377 of the Health and Safety Code and allowed persons to possess _Clonazepam without a Doctor's prescription. Clonazepam is an extremely strong prescription medication used in the treatment of anxiety disorders. It is an anticonvulsant with a pharmacological profile similar to other anxiolytic/sedative benzodiazepines. Unfortunately, Clonazepam is being used as a recreational drug by adults and is quickly becoming a drug of choice for juveniles. Clonazepam can be easily obtained in Mexico, for approximately $.25 a pill, without a prescription, and resold in the United States for approximately $1.00 per pill. The drug produces serious motor impairment, disorientation, amnesia, and if ingested in high doses could lead to coma and respiratory failure. Clonazepam is commonly found in junior high schools, high schools, and college campuses. There are several documented cases where Clonazepam was used to facilitate sexual assaults. The San Diego Police Department reports a steady increase in the abuse of this drug by juveniles. Clonazepam is commonly referred to on the street as a "dollar date" because each tablet costs a dollar and is one of the drugs used to facilitate a sexual assault. Due to the hypnotic, sedative and nervous system depressive action of Clonazepam, its effects are enhanced when mixed with alcohol. Clonazepam's popularity with juveniles and adults is increasing. Currently, police officers have no authority to seize these dangerous drugs from adults or juveniles who are in simple possession of them without a prescription. The State of California is attempting to correct the legal loophole created with the 1984 Assembly Bill 3876. On January 4, 2000, Assemblyman Howard Wayne introduced Assembly Bill 163. The new bill, if approved would make it a misdemeanor to possess Clonazepam without a valid prescription. Assembly Bill 163 is due for a Senate vote in June 2000. Once approved, the bill would become law on January 2001. We request the enactment of an emergency ordinance that would immediately allow law enforcement personnel to arrest individuals who possess Clonazepam without a valid prescription. The emergency ordinance, when enacted, would protect juveniles and adults from the dangers of this potent drug. In addition, it would help decrease the use of Clonazepam in sexual assmilts. We request that the City Attorney and the Chief of Police be authorized to administer and enforce the provisions of the municipal code. Violations of the code should be prosecuted as misdemeanors and subject to fines and custody in the county jail. ALTERNATIVE None -2- Respectfully submitted, ave Bejarano Chief of Police BEJARANO/RJK -3- Approved: Michael Uberuaga City Manager Q IIEGO UNION -TRIBUNE I TuESDAY, APRIL 18, 2000 mommartisomma JAW° / Union -Tribune sentenced ice officer. d statement in thy he believes San. Diego restricts .medication reportedly used. in 'date rapes! By Kelly Thornton STAFPWRITER The San Diego City Council took the unusual step yesterday of creat- ing an emergency law that immedi- ately makes it illegal to possess the anti-amdety drug Clonazepam with- out a prescription. Council members adopted the or- dinance without debate a few days after Police Chief David Bejarano warned that the drug is increasingly being used for sexual assaults. "It's being used for date rape and that's what we're trying to combat," City Councilman Juan Vargas said dining yesterday's meeting. San Diego police Lt. Bob.Kanaski of the countywide Narcotics Task Force said the drug is becoming more prevalent among youths, with reports of the pills being found on school campuses several times a• week. Carrier The drug is similar to Rohypnol, or "roofies," which gained notoriety as the first so-called date rape drug. Both drugs can cause amnesia or serious motor impairment, and if ingested in high doses could lead to coma or respiratory failure. . • Also, the use of either drug poses a challenge for police because traces disappear from the blood stream in eight to. 24 hours, and many women who become victims ingest the drug unwittingly Often an attacker drops the pills in a vic- tim's drink Police are aware of two cases in which Clonazepam was used to sex- ually assault women, Icanaski said. However,. authorities suspect the drug is being used by sexual preda- tors more frequently. The pM Cost about 25 cents The cases would be prose apiece in Mexico arid are resold as misdemeanors Ounishable here for about $1 each, earning fmes, jail, or both. • j !7. P• ier, which would be improved, ac- COrdina to the • them the street name of "dollar date." The neW law means San D' police officers are among the the state to be given the green light to arrest people who possess Clona- zepam without a doctor's approvidT" Before 1984, possession of Clung- zepam without a prescription illegal, but the law was changed year to make possession legal without a doctor's prescription, Assembly bill has been 'introd that woulcF close the loophole make possessionrillegal once a: • But if that law Oases signed by/the governor, ft vvoul ; become effective until January. «/ City Council's action yesterdayers that gap Chuck Nicholsi the'''nals.P1 ORDINANCE NO. 2000 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.21 AND SECTIONS 10.21.010 THROUGH 10.21.070, ALL PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM WHEREAS, during -.the 1984 Legislative session, the California Legislature amended Health and Safety Code Section 11357, Possession for Sale or Sale of Designated Controlled Substances, which had the unintended legal effect of making simple possession of several substances, including Clonazepam, legal; and WHEREAS, an increasing number of drug -facilitated sexual assaults are being reported in the vicinity of the City of National City; and WHEREAS, the drug Clonazepam has been linked to drug -facilitated sexual assaults, and is readily available without a prescription in Mexico; and WHEREAS, the administration of Clonazepam is difficult to detect, causes amnesia, and makes a person vulnerable to sexual or physical assault; and WHEREAS, the onset of the effects of Clonazepam may occur within minutes, at which time a victim often loses track of events, later waking up in an unfamiliar environment, inappropriately clothed and having been sexually assaulted; and WHEREAS, currently there is no law in the City of National City that prohibits simple possession of Clonazepam without a prescription, and immediate legislative action is therefore needed to protect the safety of the citizens of the City of National City; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, as follows: Section 1. That Title 10 of the National City Municipal is hereby amended by adding Chapter 10.21 and Sections 10.21.010 through 10.21.070, to read as follows: CHAPTER 10.210 POSSESSION OF CLONAZEPAM Sections: 10.21.010 Purpose. 10.21.020 Definitions. 10.21.030 Prohibitions on possession. 10.21.040 Enforcement authority. 10.21.050 Enforcement and remedies. 10.21.060 Strict liability offense. 10.21.070 Repeals. Section 10.21.010 Purpose. The City Council of the City of National City finds and declares that: A. There are documented police reports of Clonazepam being used to facilitate sexual assault. B. Currently, there is no state law that prohibits mere possession of Clonazepam without a valid prescription, and Clonazepam is readily and inexpensively available in Mexico. C. There is a current threat to the public safety and welfare, in that abuse of Clonazepam by juveniles and others facilitates other crimes due to its easy access, low price and powerful effect. D. Accordingly, until the Legislature enacts regulations restricting or prohibiting the possession of Clonazepam, it is necessary to prohibit its possession without a prescription in order to safeguard the public health, welfare and safety in the exercise of the City's police powers. Section 10.21.020 Definitions. "Clonazepam" means any drug, substance or compound, whether legal or illegal, that contains Clonazepam, as described in California Health and Safety Code Section 11057(d)(6). Section 10.21.030 Prohibitions on possession. Except as authorized by law and as otherwise provided in subdivision (b) or Article 7 (commencing with Section 4211) of Chapter 9 of division 2 of the Business and Professions Code, it is unlawful for any person to possess Clonazepam or any substance that contains Clonazepam without a valid prescription. Section 10.21.040 Enforcement authority. The Chief of Police is authorized to administer and enforce the provisions of this Chapter. The City Attorney and the Chief of Police respectively, may exercise any enforcement or prosecution powers provided in Title 1 of this Code. Section 10.21.050 Enforcement and remedies. Each violation of Section 10.21.030 is a misdemeanor punishable by a fine of $1,000, imprisonment for six months, or both, under Section 1.20.010. The City Attorney may, in addition, also seek injunctive relief and civil penalties in the Superior Court or pursue any other administrative remedy provided in Title 1 of this Code. Section 10.21.060 Strict liability offense. Violations of this Chapter shall be treated as strict liability offenses, regardless of intent. Section 10.21.070 Repeal. Unless amended, this Chapter 10.21 shall be automatically repealed and uncodified on the effective date of the enactment of State law regulating or prohibiting possession of Clonazepam without a prescription. 2000 Ordinance 2 Restricting Possession of Clonazepam Section 2. The City Clerk shall, upon the effective date following enact,'lent of State law regulating or prohibiting the possession of Clonazepam, decodify this Chapter and cause its removal from the Municipal Code. PASSED and ADOPTED this 6th day of June, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 2000 Ordinance 3 Restricting Possession of Clonazepam City of National City, California COUNCIL AGENDA STATEMENT June 13, 2000 MEETING DATE 3 AGENDA ITEM NO. / ITEM TITLE TEMPORARY USE PERMIT — New Covenant Tabernacle Community Outreach PREPARED BY DEPARTMENT Kathleen Trees, Acting Director EXPLANATION Building and Safety This is a request from New Covenant Tabernacle to conduct a one -day community outreach on the parking lot at the Plaza Bonita Shopping Center, on July 7, 2000. The event includes a performance, music performed by church members, drama and a speaker. The hours are from 7:00 a.m. to 7:00 p.m. The event qualifies for a waiver of fees pursuant to Cif)/ Council Policy No. 704. 2 Environmental Review _X_ N/A Financial Statement The City has incurred $101.00 in costs in processing this Temporary Use Permit application. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 A PL CATION FOR A TEMPORARY USE PERMIT APP ATI I ON IS O PAL FREE MADE AND FOR DESCRIBED E SE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL ITY S W. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management specific list oftemporary may [snd uses the action of the Building Official pve exceptional tics requiring their review and ursuant to Municipal Code section limitations. Any permit applicant mayappeal 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 w rkin days prior to the commencement of the activitylevent. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. r ,.S (Print or Type): SPONSORING ORGANIZATION(s): — ORGANIZATION ADDRESS: /0 City LOCATION OF EVENT: DATE(S) REQUESTED FOR EVENT: FROM HOURS OF USE ON DAY OF EVENT: FROM EA.M. P.M TO .9 0D A.M. / ' (BEGIN SETUP) DATE TIME A.M. /6 — ( END TUP DATE 7 7 TIME A.M.M //. (BEGIN TEARDOWN) 7'I DATE TIME RDO A.M• 60— ( END TEAWN) DATE TIME/Q A.Aelq BRIEF DESCRIPTION OF EVENT: _,« M—GcLT!�/E (A brief summary of the event/ may be requested. A summary of the event activity maybe attached to the application) • NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: COO G 001 AN HOW MAY THIS PERSON BE CONTACTED? f'FRFo SPECIFIC USE REQUEST: JUSTIFICATION: REQUEST To3ELL OR S, EmsNO[� VE ALCOHOL BEVERAGES: YES[ ] NO[✓-- WILL FOOD/ DRINK BE SOLD: YES[ 1 _ (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring parks, such ash the Communityt Center,pwhich will continuef lto be subject to the approval oicy regarding thsale or f consumption within buildings City Council.) WILL TENTS OR CANOPIES BE USED?: YES [ ] NO [ ] (If "YES,", permit may be required from Fire Department) (If "YES," complete attached supplemental questionnaire font)) WAIVER OF FEES REQUESTED: YES [ ] NO [ ] FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: No SECURITY CONTROL: ND PARKING/BARRICADES. Ai EXTERIOR LIGHTING/ELECTRICAL: N0 TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: SANITARY FACILITIES: Ar0 0 PLEASE COMPLETE (Print or Type) NAME OF APPLICANT: TO H IJ 5612xFa))J o ADDRESS: I DD I HA- b-C.Oru ku . SIGNATURE OF APPLICANT: PHONI G(i> �7 OO DATE: //• e/6D (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES' PERMIT NO.: USE GROUP: USE CLASS: BOND: PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMENTS: (RECEIVED DATE STAMP) APPROVALS / STIPULATIONS' (Check Where Applicable): PLANNING YES [ ] NO [ ] SEE STIP [ ] Initial Date ' FIRE YES [ ] NO [ ] SEE STIP [ Iduet Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ] Initial Date Initial Initial Initial Initial initial Initial Initial FINANCE YES [ ] NO [ ] SEE STIP [ ] Date POLICE YES [ ] NO [ ] SEE STIP [ ] Date PARKS & REC. YES [ ] NO [ ] ' SEE STIP [ I Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] Date CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ I Date RISK MANAGER YES [ ] NO [ ] SEE STIP [ ] Date COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] Date Initial Date OTHER YES [ ] NO [ ] SEE STIP [ ] CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: New Covenant Tabernacle EVENT: Community Outreach DATE OF EVENT: Friday July 7, 2000 TIME OF EVENT: 7:00 a.m. through 7:00 p.m. APPROVALS: PLANNING FIRE YES [ x ] NO [ ] SEE COMMENTS [ ] YES [ x ] NO [ ] SEE COMMENTS [ x ] SPECIFIC CONDITIONS OF APPROVAL: FIRE DEPARTMENT 1. Permit to be secured from the Fire Department, permit to erect or operate a Tent/Canopy per Article 32 of the Uniform Fire Code. Permit fee, sixty five ($65.00) dollars 2. Tent/Canopy to be flame retardant, State Fire Marshal seal to be attached. 3. No open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted — NO SMOKING. 4. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstruction for its entire width. 5. Exitways to be illuminated and posted. 6. Fire extinguishers shall be on the premises, Type 2-A:10-BC, minimum number of fire extinguishers shall be determined by the Fire Department upon receipt of canopy/tent sizes. Travel distance not to exceed seventy five (75) feet. 7. Fire safety inspection to be conducted by fire department personnel, prior to opening to the public. 8. Fire Department access roads shall be provided and maintained at all times. 9. Automobiles and other internal combustion engines shall be a minimum distances of thirty (30) feet from all tents and canopies. 10. Fire hydrants shall not be block or obstructed. City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REQUEST SUPPLEMENTAL OUESTIONNAIRE City Council Policy No. 704 contains the criteria for granting waivers of T.U.P. processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No. 704 The City Council shall waive T.U.P. processing fees only in the case of 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 is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or 2. direct financial benefit to city government such as the generation of sales tax; or 3. direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club; or 4. direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) funding. PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING: Is the event for which the T.U.P. is sought sponsored by a non-profit organization? V YES (If YES, please proceed to Question No. 4) NO (IfNO, please sign the bottom of this form and submit this form with the T.U.P. Application to the Building & Safety Department) 2. If the answer to Question No. 1 was YES, please state the name and type of organization sponsoring the event for which the T.U.P. is sought and then proceed to Question No. 3. 1 Name of Sponsoring Organization ivevIIJ aV eilgr i- TaI em tGP( G urck_ Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds to the sponsoring organization? YES (If YES, please proceed to Question No. 4) / V NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) 4. If the answer to Question 3 is YES, will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 5) If YES, please explain who is to benefit from the proceeds and the general nature of the financial hardship: 5. Will the event provide a direct financial benefit to city government such as the generation of sales tax? YES (If YES, please provide explanation and details in space provided below) /.. (If NO, please proceed to Question No. 6) If YES, please explain how the direct financial benefit to the city will occur: 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? YES (If YES, please provide explanation and details in space provided below) V NO (If NO, please proceed to Question No. 7) If YES, please explain the organizations that are to benefit from the proceeds of the event and how the proceeds will be used by those organizations. 2 F 7. Will the proceeds provide a direct financial benefit to an organization which has been the direct recipient of City of Community Development Block Grant (CDBG) funding? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) If YES, please state the year the City of Community Develop Block Grant (CDBG) funds were received and how those funds were used: Year funds were received. Funds were used to • frirb DATE Internal Revenue Service Department of the Treasury District Director Date: Wkik 1 4 1966 New Covenant Tabernacle P.O. Box 7321 Chula Vista, CA 92010 Employer Identification Number. 33-0025278 Accounting Period Ending: June 30 Form 990 Required: (] Yes x31 No Person to Contact: M. Tomback Contact Telephone Number. (213) 894-4885 Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c:)(3) of the Internal Revenue Code. We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in section 509(a)(1) and 170(b)(1)(A)(i). If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act(social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. The box checked in the heading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income Tax. If Yes is checked, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. If a return is required,. it must be filed by the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late, unless there is reasonable cause for the delay. (over) P.O. Box 2350, Los Angeles, CA 90053 Letter 947(DO) (Rev. 10-83 . You are not required to file Federal income.tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990—T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your present or proposed activities are unrelated trade. or business as defined in section 513 of the Code. -• You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, District Director Letter 947(DO) (Rev. 10-8: CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1.000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. /��^ organization VFW CD\/ & N 1 TT11BC,R-N a m Person in charge of activity SOHt' ',4.C.G2.Re57Ni711) Address WI H�RBtSGI� NAT A, t. C4-r c 9i9‘;(3 Telphone0r1)26C7-0300 Date(s) of use 7777 / 200o HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses. damages. injuries. litigation and liability arising out of or related to the use of public property by permittee or permitee's agents. employees or contractors. -fitze 4k U R�tt Signatu Applicant Official Title Date (For Office Use Only) Certificate of Insurance approved 198712 n A ORD� PROWLCE ER :... x:...:,..,...... .. ROBERT F. DRIVER COMPANY, INC.4o-2osa 420 S. BROADWAY ESCONDIDO, CA 92025 INSURED New Covenant Tabernacle Pastor John F. Sorrentino 1001 Harbison Ave. National City CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO UPON THE HOLDER. THIS CERTIFICATE RIGHTS DOES NOT AMEND. CERTIFICATEDOESOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A GUIDEONE INSURANCE DATE (MMIDDM') 06/01/00 COMPANY B COMPANY C COMPANY D .. :. .:.: .>vU::..: :.:..::n.r..v wM..:::i:.4'G.::"v">rie,... ::Q.:.:.::.: •Y.-l:t:%ii }i:(iiJi-n. ::�`W.A::.:: .:::::C'......... ,..:.x.IF:<Vn.y.�".ul�i:i:.�>.:...:'.Mi>.. .i:•':C:;i: _YyPY.:jw:i.i: ...:.. :: � Si:,:i: .`�: n^'.. THIS IS TO CERTIFY THAT�„i`yxr;4::,,:;::: :,':3_xA'-'.,.•,w,.'y?:3r:;lov.?:'i-?`:`'F•. .:>;:.'<'%"s.nw4>:h�:;.>f>.....:.:;;;A::..........:. THE POLICIES OF INSURANCE LISTED BELOW H •" RED MED ANY REQUIREMENT, TERM OR CONDITION REO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINGAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN S SUBJECT TO LLL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE Of INSURANCE LTR POLICYEFFECTIVEPOLICYEXPIRATIONDATE IMM/DDmI DATE WMM/DDNYI POUCY NUMBER A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE U OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO 1180925 4/01 /00 4/01/01 TRIADS GENERAL AGGREGATE PRODUCTS - COMP/OP AGO PERSONAL & AOV INJURY EACH OCCURRENCE FIRE DAMAGE tAny one fire) MED EXP (Any one Person) COMBINED SINGLE LIMIT $ 2 000,000 2,000,000 1,000,000 1,000,000 $ 1,000,000 $ 5,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EXCESS LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EACH ACCIDENT 5 $ UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL DESCRIPTION OF OPERATIONSAOCATIONSNEHICLESISPECULL ITEMS CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONAL INSURED IN RESPECTS TO A COMMUNITY OUTREACH PROGRAM BEING HELD ON JULY 07, 2000 AT THE PLAZA BONITA PARKING LOT. GERTi[F3LD1 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 w AGGREGATE EACH OCCURRENCE AGGREGATE WC STATU- TORY UMITTI EL EACH ACCIDENT H- FR S EL DISEASE - POLICY LIMA EL DISEASE - EA EMPLOYEE �A�...' `RGvn,\nR^W."':M .. > rl - q Y•:'fyk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 100 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY OF p ' KIND UPON THE COMPANY, iTS AGENTS OR REPRESENTATIVES. REPRESENTATIVE To: City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 Mayor George Waters Vice Mayor Fred Soto Councilman Mitch Beauchamp Councilman Ralph Inzunza Councilman Ron Morrison ITEM # 4 6/13/00 Date: June 7, 2000 From: Michael R. Dalla, CMC, City Clerk 4 Subject: Approval of Temporary Use Permit (TUP) for Car Show at Sweetwater High School on June 5, 2000 Discussion during the June 6th City Council Meeting called into question the accuracy of the Minutes of the April 25th City Council Meeting. Those Minutes reflected the unanimous vote of the Council in favor of the TUP application for a car show at Sweetwater High School on June 5, 2000. It was publicly suggested that the minutes were wrong and needed to be corrected. A review of the audio tape of the meeting irrefutably confirms that the Minutes accurately reflected the unanimous vote of the Council to approve the TUP for the car show. Anyone who desires is welcome to review the tape. MRD/mla Recycled Paper ITEM #5 6/13/00 DISCUSSION OF QUARTERLY MEETINGS FOR CLAIMS/LITIGATION REVIEW. (Councilman Inzunza)