HomeMy WebLinkAbout1999 09-28 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, SEPTEMBER 28, 1999 - 6:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21,
1999.
COUNCIL AGENDA
9/28/99 Page 2
PUBLIC HEARING
1. Public Hearing - Coastal Development Permit and Conditional Use Permit for
the continued use of an automobile and truck import/export storage yard and
new paving to accommodate expansion of the facility located in the Harbor
District Specific Plan Area at the northwest corner of 32nd Street and the
proposed Harrison Avenue extension. (Applicant: Port of San Diego) (Case
File Nos. CDP-1999-2, CUP-1999-3) (Planning)
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.
2. Resolution No. 99-162
Resolution of the City Council of the City of National City approving a
Memorandum of Understanding by and between the City of National City and
the National City Police Officers' Association. (Personnel)
3. Resolution No. 99-163
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with Project Design Consultants to provide "as
needed" construction and land surveying services for the City's capital
improvement projects for FY 99-00. (Engineering)
4. WARRANT REGISTER #12
Ratification of Demands in the amount of $204,434.25.
COUNCIL AGENDA
9/28/99 Page 3
CONSENT CALENDAR (Cont.)
5. Street Tree Committee Minutes. (Parks & Recreation)
NEW BUSINESS
6. Temporary Use Permit - La Mesa R.V. Parking Lot Sale and Show. (Building &
Safety)
--> CITY MANAGER
-a CITY ATTORNEY
- -> OTHER STAFF
---> MAYOR
-* CITY COUNCIL
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
COUNCIL AGENDA
9/28/99 Page 4
NEW BUSINESS (Cont.)
CLOSED SESSION
Conference with legal Counsel - Existing Litigation - Government Code
Section 54956.9 (a)
City of National City v. State Water Resources Control Board
Court of Appeal, Fourth Appellate District Case No. D31660.
ADJOURNMENT
Next Regular City Council Meeting - October 5, 1999 at 3:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 28, 1999
1
AGENDA ITEM NO.
/ ITEM TITLE PUBLIC HEARING - COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR
—TRETONTINUED USE OF AN AUTOMOBILE AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW
PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE HARBOR DISTRICT SPECIFIC
PLAN AREA AT THE NORTHWEST CORNER OF 3210D STREET AND THE PROPOSED HARRISON AVENUE
EXTENSION (APPLICANT: PORT OF SAN DIEGO) (CASE FILE NOS. CDP-1999-2, CUP-1999-3)
PREPARED BY Jon Cain Assistant Planne ARTMENT Planning
EXPLANATION
The proposal involves 5.2 acres, including 4.4 acres of the existing of the Pasha vehicle storage facilities
and a 0.8-acre expansion at the northwest corner of 32nd Street and the future Harrison Avenue
extension. Fencing planted with vines is proposed to screen the property from the new street. Fencing
will be ten feet tall along the majority of the property and transition to six feet at the northern boundary of
the project. The Harrison Avenue extension project includes additional landscaping to be installed
between the fence and the street.
The National City Local Coastal Program and CDC Harbor District Specific Area Plan govern this area.
The Harbor District Plan requires both Planning Commission and City Council public hearings as part of
the Conditional Use Permit (CUP) process for this use. The site is zoned CT and is planned for hotel
development as a first priority; however, the Harbor District Plan permits maritime storage as an
interim use. This issue is addressed in recommended findings and conditions of approval.
A Supplemental Environmental Impact Report (EIR) prepared by CDC includes this and adjacent
projects. The EIR identifies no significant impacts based on adherence to the Harbor District Specific
Plan. Specific conditions required by the Harbor District Plan addressing environmental issues, grading,
and archaeological resources have been incorporated into the recommended conditions of approval.
Environmental Review /A Environmental Impact Report Certified June 1, 1999
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Staff concurs with the recommendation of the Planning Commission that City Council approve the Coastal
Development Permit and Conditional Use Permit. AO
BOAR ® COMMISSION RECOMMENDATION The Planning Commission voted to recommend
approval of both the CDP and CUP based on attached findings and recommended conditions.
Vote: Ayes - Valderrama, Ungab, Large, Parra, Martinelli, Detzer
Absent Godschalk
ATTACHMENTS ( Listed Below )
1. Recommended Findings
2. Recommended Conditions
3. Location Map
Resolution No.
4. Application
5. Applicant's Plans (Exhibit A -Revised dated 6/29/99)
6. Supplemental EIR
A-200 (9/80)
RECOMMENDED FINDINGS FOR APPROVAL
OF COASTAL DEVELOPMENT PERMIT
1. That granting of the Coastal Development Permit is in conformity with and implements the
Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act
§§30210-30214, 30220-30224, and 30252, since the project site is designated for interim
use as a maritime cargo storage lot, and provisions have been made for the expiration of the
use to allow future development of a hotel on the site. Also, conditions of approval
required by the Harbor District Plan for the proposed development will be incorporated into
the permit.
2. That granting of the Coastal Development is consistent with all other plans and ordinances
of the City, since the procedures for its approval, specified in the Harbor District Specific
Area Plan, carry out the intent of the General Plan and Land Use Code for future tourist
commercial use.
RECOMMENDED FINDINGS FOR APPROVAL
OF CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the property already
maintains the permitted use and will be expanding to meet increased demand.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, since
the property has access to Tidelands Avenue via 32nd Street.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the property will be screened from the future Harrison Avenue Public Access Corridor
and is subject to conditions to prevent runoff from reaching other properties.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it supports the import and export of automobiles, a vital component of the
local economy and a marine -related, Port activity.
ENVIRONMENTAL FINDING
That the project will not have a significant effect on the environment as described in the
Harbor District Specific Plan Supplemental Environmental Impact Report, and that the
Supplemental Environmental Impact Report adequately addresses the environmental effects
of the project, since these are no changes in the project or required mitigation measures as
addressed in the Supplemental Environmental Impact Report.
RECOMMENDED CONDITIONS OF APPROVAL
1. Except as required by conditions of approval, development plans shall be submitted for
review and approval by the Planning Director in conformance with Exhibit A -Revised,
Case File No. CUP 1999-3/CDP-1999-2, dated June 29, 1999.
2. Detailed plans shall be submitted showing the setback area between the Harrison Avenue
curb and the required fence for the storage area as required by the Harbor District Specific
Area Plan. Plans shall be in conformance with Exhibit A -Revised, dated June 29, 1999 and
shall include the details described in condition 9.
3. Plans shall show compliance with National City Harbor District Specific Area Plan
drainage requirements (Section 3.3.3.11) as follows:
a. Storm drain runoff into Paradise Marsh shall be prohibited.
b. All storm water drainage shall be to storm drains.
c. The new paving portion of the project shall implement treatment or structural
control Best Management Practices (BMPs), including, but not limited to,
biofilters, detention basins, infiltration systems, and regular sweeping of
impermeable surfaces to remove pollutants from streets, parking lots, and
landscaped areas, including prior to the start of the rainy season to minimize the
flow of storm runoff pollutants into the storm drain system.
d. Storm water entering or originating within the Planning Area shall be periodically
monitored, in cooperation with the San Diego Regional Water Quality Control
Board, SDUPD, Caltrans, other public agencies, and public utilities, and reported
to the public and property owners.
e. Additional remediation measures and requirements may be imposed if the
standards set forth in this section are deemed inadequate, based on the monitoring
results, to ensure protection of the biological resources of Paradise Marsh from
the adverse effects of drainage originating in the Planning Area.
4. All grading within the Planning Area shall be carried out in a manner that will prevent
adverse impacts to Paradise Marsh and other delineated wetlands, as well to the upland
margin habitat buffer. All grading and construction shall be consistent with National City
Harbor District Specific Area Plan requirements (Section 3.3.3.12) as follows:
a. Project grading plans shall be reviewed and approved in writing by a qualified
biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and
the planned upland margin wetland habit buffer set forth in Section 3.4.
b. Prior to issuance of a grading permit, "NO ENTRY -NO GRADING, NO
CONSTRUCTION, NO STAGING" zones shall be clearly marked on grading
plans around the perimeters of Paradise Marsh, the Harbor District's delineated
wetlands, and the planned upland margin wetland habit buffer set forth in Section
3.4 of the Harbor District Specific Area Plan.
c. Project grading specifications, to be submitted for approval along with grading
plans, shall also delineate all construction access routes, including those located
outside of existing City streets and/or the construction site.
d. Project grading plans shall also designate the precise location(s) for on -site
storage or stockpiling of excavated topsoil during construction, subject to the
review and approval of the biologist, in consultation with the U. S. Fish and
Wildlife Service and the California Department of Fish and Game.
e. The biologist, in consultation with the U. S. Fish and Wildlife Service and
California Department of Fish and Game, may also require fencing or other means
to protect the habitat or buffer area from direct or indirect impacts.
f. Construction vehicle and other equipment fueling, lubrication, and maintenance
shall occur, to the maximum extent feasible, outside of the Harbor District
boundaries.
g. When fueling, lubrication, and maintenance are necessary within the Harbor
District boundaries, it shall occur on paved surfaces, and shall be prohibited
within 300 feet of Paradise Marsh or other wetlands.
h. Staging areas and construction zone footprints for new development are
specifically prohibited in any wetland or, following its completion, the planned
upland margin habitat buffer restoration area set forth in Section 3.4 of the Harbor
District Specific Area Plan.
i. Staging areas and construction zone footprints shall be delineated on project
grading plans and shall be reviewed and approved, in writing, by a qualified
biologist.
j. If staging areas are located outside the construction footprint, they shall be
surveyed for biological values and approved by a qualified biologist for absence
of significant biological resources.
k. Grading or construction activities shall be scheduled and conducted in
consultation with staff of the US Fish and Wildlife Service and the California
Department of Fish and Game to avoid adverse impacts on sensitive species and
habitats.
1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to
grading or construction activities shall be avoided or minimized, including
through rigorous adherence to an erosion control plan that is based on a 6-hour,
100-year recurrence rainfall event.
m. The erosion control plan shall be included in project grading plans, and reviewed
and approved in writing by a qualified biologist; and its implementation shall be
overseen by the contract supervisor.
n. The erosion control plan shall include, as appropriate, the utilization of silt fences,
siltation basins, sand bags, hay bales, or other devices to direct runoff and
stabilize graded or devegetated areas during project construction and revegetation.
5. Plans shall show compliance with the additional construction requirements for the
National City Harbor District Specific Area Plan (Section 3.3.3.13) as follows:
a. The applicant shall be required to inform all construction contractors in writing as
part of the bidding process about the biological constraints of project sites within
the Planning Area.
b. "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones
around the perimeters of Paradise Marsh, adjacent delineated wetlands, and (after
completion of the Harrison Avenue Public Access Corridor and the upland margin
habit buffer) wetland habitat buffers, shall be clearly marked on construction
drawings provided to the contractor(s).
c. All such "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING"
zones shall be flagged and staked in consultation with the project biologist prior to
commencement of any grading or construction.
d. The "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zone
markers shall be maintained throughout the construction period.
e. Construction -related vehicles shall be limited to existing roads, or clearly marked
new access routes approved as part of, and consistent with, coastal development
and grading permit requirements.
f. Prior to commencement of construction, construction access routes shall be
marked by flags, stakes, or similar devices, and those markings shall be
maintained throughout construction.
g. All vehicles shall be required to stay within such designated routes, even if
backing out is required for egress from the site.
h. Contractor equipment shall be checked for leaks prior to utilization in the
Planning Area, at the beginning of each construction day, and be certified by the
contractor in writing to be leak -free.
A mandatory contractor education program shall be conducted by a qualified
biologist with practical experience in construction to fully inform contractors and
all construction personnel, without exception, of the biological resources
associated with projects in the Harbor District, including about:
i. the nature of, and purpose(s) for, the resource protection;
ii. field identification by contractors of sensitive resource areas, including
buffers, as shown on project maps or marked on the ground by flags,
fencing, or by other means;
iii. biologically sensitive construction techniques, and prohibited activities
within delineated wetlands or wetland habitat buffers, including staging
areas, equipment access, and disposal or temporary placement of new or
excavated materials, earth, or any other substance;
iv. the City's methodology for promptly addressing questions or resolving
conflicts that may arise during construction; and,
v. Consequences of non-compliance, including penalties and enforcement.
j. Permit applicants are responsible for any adverse impacts to wetland, wetland
habitat buffer, other biological resources, or other coastal resources, which may
occur as a result of, or related to, construction activities, and in addition to other
remediation or penalties that may be imposed, shall be required to replace or
restore any impacted resources at a ratio of at least 1:1.
6. In the event that archaeological or paleontological resources are encountered during any
construction or development phase of a project, all activity which could damage or destroy
these resources shall be suspended until:
a. representatives of the Kumeyaay or designated other appropriate local Native
American group have been notified and consulted, with respect to archaeological
resources;
b. the site has been examined by a qualified archaeologist and/or paleontologist, as
appropriate; and,
c. mitigation measures have been developed to address the impacts of the construction
activities.
7. Adequate outdoor waste and litter receptacles shall be located within the project area to
serve the property. The receptacles shall be covered, secured to prevent overturning, and
designed to prevent intrusion by animals. The receptacles shall be frequently emptied and
shall be marked with multi-lingual educational signs, including English and Spanish at
minimum.
8. Lighting must be directed away from Paradise Marsh and the adjacent habitat buffer.
9. Screened fencing shall be provided along the eastern boundary of the project area. A
fencing plan and a landscape plan to provide for 80% areal coverage for the fence within
two years (per Harbor District Specific Plan section 5.2.3(b)) shall be submitted. Both the
fencing and landscape plans shall require the approval of the Planning Director prior to
installation, and shall include a fence of chain -link or wrought -iron construction from six to
ten feet in height as specified by the Planning Commission.
10. Stored materials shall be located only on the paved area identified on the plans. The
maximum height of stored items shall not exceed the height of the screened fence.
11. Truck traffic shall not utilize Harrison Avenue or 32"a Street east of the Mean High Tide
Line. No ingress or egress shall be permitted in these areas, and signage shall be posted on
the property to direct truck traffic. Project plans shall indicate where truck access and
loading associated with the facility will occur.
12. Use of the Harrison Avenue Public Access Corridor or 32' Street east of the Mean High
Tide Line for employee parking, truck traffic, truck or trailer parking, or loading and
unloading of equipment is prohibited.
13. Drainage of storm water runoff into Paradise Marsh or any other delineated wetland
within the Harbor District Planning Area is prohibited. Runoff shall be directed away
from Paradise Marsh. Three -chambered oil -grease -sediment traps must, or other
appropriate filter mechanisms, shall be installed within the new storm drain system
extension, including intakes in streets, parking lots, and other paved areas. To ensure
effective functioning, traps shall be cleaned prior to November 1 each year, and inspected
and cleaned either monthly through April 30, or within one week of every rainfall totaling
1/2-inch or more in a 24-hour period, whichever is more frequent. Records of inspections
shall be provided to the City upon request.
14. There shall be a minimum of two fire hydrants located within the project area with a travel
distance not to exceed three hundred feet.
15. Minimum fire flow shall be one thousand five hundred (1,500) gallons per minute with a
twenty (20) pounds per square inch residual. Fire flow verification to be obtained from
Sweetwater Authority.
16. A grading and drainage plan shall be submitted showing all of the proposed and existing
on -site and off -site improvements. The plan shall be prepared in accordance with the City's
standard requirements by a Registered Civil Engineer. All necessary measures .for
prevention of storm water pollution and hazardous material runoff to the public storm drain
from the proposed parking lot shall be implemented with the design of the grading plan.
This shall include the provision of such devices as storm drain interceptors, clarifiers, or
filters. Best Management Practices for the maintenance of the parking lot, including
sampling, monitoring, and cleaning of private catch basins and storm drains shall be
undertaken in accordance with the NPDES regulations. Checklist for preparation of the
grading and drainage plan is available at the Engineering Department. Grading plans shall
also conform to the detailed requirements of the Harbor District Specific Area Plan,
described above in conditions 3, 4, 5, and 6.
17. A construction storm water permit shall be obtained from the Regional Water Quality
Control Board (9771 Clairemont Mesa Boulevard, Suite B). A copy of the permit shall be
given to the National City Engineering Department prior to any work beginning on the
project.
18. A soils engineering report shall be submitted for the Engineering Department's review. The
report shall address the stability of all of the existing and proposed slopes on the property.
It shall also address the criteria for any new retaining wall design, the maximum allowable
soil bearing pressure, and the required pavement structural sections for the proposed streets,
the parking areas, and the driveways. At a minimum, the parking lot pavement sections
shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall
be in accordance with Standard Drawing G-24 modified.
19. Street easements shall be provided as required by the Community Development
Commission for 32nd Street and Harrison Avenue.
20. The existing street improvements along the property frontage(s) shall be kept free from
weed growth by the use of special weed killers or other approved methods.
21. All existing survey monuments, including any benchmark, within the boundaries of the
project shall be shown on the plans. If disturbed, they shall be restored by a licensed land
surveyor or civil engineer after completion of the work. A corner record shall be filed with
the County of San Diego Recorder. A copy of the documents filed shall be given to the
National City Engineering Department.
22. The existing curb inlet on the property shall be provided with a "No Dumping" tile in
accordance with the NPDES program.
23. A permit shall be obtained from the Engineering Department for all improvement work
within the Public Right -of -Way, and the grading construction on private property.
24. In the event that plans for the project conflict with plans for the Harrison Avenue
extension, plans for the project shall be modified as deemed appropriate by CDC in order
to provide consistency with the Harbor District Specific Area Plan.
25. Before this Conditional Use Permit and Coastal Development Permit shall become
effective, the applicant and the property owner both shall sign and have notarized an
Acceptance Form, provided by the Planning Department, acknowledging and accepting all
conditions imposed upon the approval of this permit. Failure to return the signed and
notarized Acceptance Form within 30 days of its receipt shall automatically terminate the
Conditional Use Permit and Coastal Development Permit. The applicant shall also submit
evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real
Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of the Conditional Use Permit and Coastal Development
Permit are binding on all present or future interest holders or estate holders of the property.
The Notice of Restriction shall be approved as to form by the City Attorney and signed by
the Planning Director prior to recordation.
26. Use of the property as authorized by this Conditional Use Permit shall be limited to a
maritime cargo storage area for the storage of automobiles and trucks.
27. This Conditional Use Permit and Coastal Development Permit shall be for the period
concluding on June 30, 2002, pursuant to the Memorandum of Understanding (MOU)
between the CDC and the Port District dated June 26, 1997. The CUP shall be subject to
the following additional restrictions:
a. When a lease is executed for the construction of the marina, the Port District will
make the B-2 property available for lease to a qualified developer for (1) a use
associated with the marina, or (2) other compatible commercial recreation use.
b. In the event that the monitoring of the cargo storage area and landscaped security
fencing identifies potentially significant adverse effects from these facilities on
coastal resources, including, but not limited to listed threatened and endangered
species, the provisions of Chapter 3 (the Wetland Habitat Conservation Program)
of the Harbor District Specific Area Plan apply.
c. If a lease document for the marina as described above is not executed before July
1, 2002, then the Port District may apply for an amendment to the conditional use
permit and coastal development permit for marine -related cargo storage to extend
their terms, respectively, by five (5) years, subject to a finding of continued
consistency with the policies of Chapter 3 of the Harbor District Specific Area
Plan and the continuance of all previous conditions of approval. Said permits
may be renewed for subsequent five year terms, provided that the City makes a
finding, after consultation with the United States Fish and Wildlife Service, the
California Department of Fish and Game, and the Coastal Commission that there
are no materially changed circumstances either in the development or use, or in
the natural and restored resources of Paradise Marsh, adjacent delineated
wetlands, or public access to and along the shoreline, and to recreational areas.
d. In the interim, any lease executed by the Port District for the B-2 property and any
new lease or extension of existing lease for the 5.2 acres proposed for commercial
recreation development shall contain a clause terminating the lessee's interest in
the lease and right of possession upon the latter of 180 days or the date specified
by the CDC in a notice directed to the Port District to terminate the lease, quit the
premises, and remove any stored material or cargo.
28. Paradise Creek Educational Park, Incorporated, shall be notified of the time grading is to
begin and afforded the opportunity to remove native vegetation for relocation off -site.
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EXISTING STORAGE YARD EXPANSION AREA ZONE BOUNDARY
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LOCATION MAP
32"d Street/Harrison Avenue
CDP-1999-2
FEET ■ NATIONAL CITY PLANNING
DRN. DATE:
7/1/99
INITIAL
HEARING:
7/19/99
NATIONAL CITY, CALIFORNIA
APPLICATION for
x Conditional Use Permit
Planned Development
Permit
Planned Unit
Development Permit
Make checks payable to the City of National
City
File application with the:
National City Planning Department
1243 National City Boulevard
National City, California 91950
(619) 336-4310
PLEASE DO NOT USE BLUE INK WHEN
COMPLETING THIS FORM
FOR DEPARTMENT USE ONLY
Case Number
0O---/F7?— 3
Filing Fee $ 6 ---,
Receipt No.
Date Received By
E.A.F. Required Fee $
Related Cases ebt4)—/FF9
LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space)
See attached Legal Description and Grant Deed
PROPERTY LOCATION NW corner of 32nd Street and Harrison Avenue (extension)
No. Street
between 32nd Street and Harrison Avenue (extension)
COMBINED GENERAL PLAN/ZONING DESIGNATION CT-Cz
Tourist Commercial -Coastal Zone
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page 1 of 4
APPLICANT
Name:
Dennis Bouey, Executive Director, Port of San Diego
(Please type or print)
Signature:
(Signature certifies that the information submitted with this
application is true and accurate to the best of the applicant's knowledge).
Address: 3165 Pacific Hwy.
San Diego, CA 92101
Phone No.
Fax No.
Date:
(619) 686-6200
(619) 686-6508
June 1, 1999
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page 3 of 4
NATIONAL CITY, CALIFORNIA
COASTAL DEVELOPMENT
PERMIT APPLICATION
Make checks payable to the City of National
City
File application with the National City
Planning Department, 1243 National City
Boulevard, National City, California 91950
(619)336-4310
1. Applicants Information
Applicant's Information
Name Port of San Diego
Address 3165 Pacific Hwy.
San Diego, Ca 92101
Phone (• 9) 686 620(� .( /
Signatur
FOR DEPARTMENT USE ONLY
Received by ies
Assigned to
Case File Number (s) C bP/91 ' - �--
Date Received
Filing Fee $ /OD e5"'" Receipt No.
E.A.F. Required Fee $
Reviewing Body: Planning Department
Planning Commission
City Council
Appealable to Coastal Commission?
YES NO
All items marked with * to be verified by staff
Agent's Information
Name Bill Chopyk
Address
Manager, Planning Services
(same address)
Phone (619) 686-6469
Signature 1)
FAX No.
Date June 1, 1999
Coastal Development Permit Application
Revised December, 1996
Page 1 of 4
FAX No. (619) 686-6508
Date June 1, 1999
the Northwest corner of 32nd Street and the (future) extension of Harrison
Avenue for the purpose of parking and storing cars by a tenant of the Port
District, the automobile import/export company, Pasha. The work includes
grading, paving and installation of aggregate base; installing a chain link
fence consistent with the Harbor District Specific Area Plan.
If land division, state number of proposed parcels, parcel sizes, etc.: N/A
Project height 0 Building coverage 0 sq. ft.
Parking (no. of spaces) 140 Paving coverage 40, 003 sq. ft.
Grading required? Yes
(if yes, attach details and plans)
Diking, dredging, or filling of open coastal waters or wetlands? N/A
(if yes, attach details)
6. Attachments
X Proof of applicant's legal interest in the property.
Project plans, folded to 8%2" x 11", including site plans, floor plans,
elevations, grading and drainage plans, and landscaping plans. (20 sets
of project plans are required for coastal development permits that
involve Planning Commission action. For permits requiring only
Planning Department approval, 4 sets are required).
List of:
a. all property owners and residents within 100 feet of the
property lines of the project site; and
b. all other parties known to the applicant to have an interest in
the proposed development.
(instructions are attached)
Stamped, addressed envelopes for each of the owners, residents, and
other parties listed above (additional sets .,are required for potential
appeals to the City).
Detailed description (if any, from No. 5 above).
Coastal Development Permit Application
Revised December, 1996
Page 3 of 4
Conditional Use Permit Findings for the B2 parcel at 32" Street and proposed
Harrison Avenue Extension:
1. The site "B2" is adequate in size and shape for the proposed use because the
storage of automobiles already occurs on the site immediately adjacent to the
west. The existing site already accommodates approximately 2000 vehicles. The
additional paved area of 0.8 acres would add 140 vehicles, a 7% increase in the
capacity of the site for automobile storage. The number of automobiles stored on -
site is limited by the amount of land area available northwest of the intersection of
32nd Street and Harrison Avenue (extension);
2. The streets that will carry the additional automobile traffic are 32' Street and
Tidelands Avenue. These streets are adequate and have sufficient capacity to
support automobile storage because the movement of 140 additional automobiles
on these surface streets will not cause a significant increase in the existing Pasha
operation (see traffic study contained in the Harbor District Specific Area Plan
Supplemental EIR);
3. The proposed use will not have any adverse effects upon adjacent properties
because storage of brand new automobiles on an asphalt paved surface is a very
clean operation. Pasha incorporates BMP's (best management practices) in their
operation should the unlikely event of fluid become spilled on -site. Any spills are
cleaned -up immediately by Pasha. The use is in every respect consistent with the
existing marine related industrial uses surrounding the property, and is also
compatible with tourist oriented commercial uses planned in the Harbor District
Plan area;
4. The pavement of this parcel and use as automobile storage will convert the
vacant and unused 0.8 acres of land into productive use consistent with the
existing land uses to the west. The proposed use would help the local economy by
supporting a local business that provides living wage jobs. Use of this parcel will
enhance the security of the abutting property because security guards will continue
to be posted on the parcel while automobiles are stored there.
(Seal.)
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CERTIFICATE OF ACCBOTANCE
-io•••;:. : • -
.,.2.-,"; _ -: .- . MAI ie. to certify that the interest in real property con-
.
... -.,1-,•441014 by the Oraithegi6e0 Aligftfleitember ax,, 1994, twat- CELIA FISTE
.7: -• .
.......1'' ...";VIPETAII., 4-CRX140kRie:i�t34 ztOrthie, to the sett *ARV.
'..;.:, hp_Pdbit.M01110M*4, it,400a. 4orpomics, is hereby seeeOli,
7.1.W.t. : the ehdirietge*V-ottogge' bobs= at the Bonze OF. II.OR$ •
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-:••••:,---4:kiinseeg.nnerAi. of Ss* gh#$#•:.9111f104: Pert Dlettridt, inttenat
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4iitTlitirthiii44:: .61***44- *501',.11-44 :.Erviar# on 20 December 1494, and' . . — r r...-:.-
,: -4404 Grantee- row*** 'W *beorbarlei thereof by itS (hay
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'<:".701:- -:•. • "--.- .• .,....97- •tLF7ro
•-i:•,i.:,;v4::::;:.•:. STATE OF CALIFORNIA )ss. DONALD.E. HILEMAN...IN !' CT-
, rrt
.. 'COUNTY OP SAN •DINGO ) ;, 0
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December Z2nd. 199:4. before me •
•
'Moth* A. Dame'. Notary Pubtio , personally appeared LC)
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Donald t. Rillma_n. Jr. ,. personally known • , Z
leeekben-rrauf.
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SAN DIEGO UNINI11) PORT rfilATRIdir
:. :..• " to me Cee-yrowee--te--ee-ett-tee-beet-e-ef-eat+efacter,-evettettee-X ••••
to be the person4h3 whose asete4e4 Ls/me& subscribed to the within
• instrument and acknowledged to aft that hei-elsaathesi• executed that CI
f ...
same in hisibeaell-bbet-e-authorized capacity Lao)-. and that by nisi rr:
ket44,•"ttvar.h-signatureIrs4 on the instruma-t the person. or the =
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entity upon behalf of which the person-* 4 ao.ted, ex..:•tuted the
instrument.
WETNESS my hand and officiay•seai.
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Signs. ture---,__2411:1;5-41./Li !.•tk\ .1
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to
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RECORDING REQUESTED BY
CHICAGO TITLE COWARRT
AND WHEN RECORDED MAIL TO
ran DIEGO UNIFIED PORT DISTRICT/
P.O. SOX 4DD
SAN' DIEGO. CA 92112
•1MTMr BRAD SCHULTZ
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Settl.IN. MOH -$
Aedar ea etMRS • t]
462
.,' 28-QEC-2994-.12s491PM
FEEL PEWS
Saf ONES COWRY .CO 'S NFU
MESORY gum, CONY ECM
FEES: O.OB
GRANT DEED
upeansioNeparAwroniasoemmorgi
aoasoutunmuranartats sasolawar TO AMR AID mom Cori slam ]an, AS mow
an art UMW. env
® m1spw.0aathe rwtNNseofwwuatoepoessiy _snyintrty
toopeopacettwawhemeruguievreraimarekambruces reniainsametersdr,ind
FOR A VALUABLE CONSIDERATION. receipt otwhidr is hereby
CHULA VISTA CAPITAL. A CALIFORNIA LIMITED PARTNERSHIP
hereby GRANT(S) to
• SAN DIEGO UNIFIED PORT DISTRICT. A PUBLIC CORPORATION
the following desenbed rent property in the City of NATIONAL CITY
County of DIEGO . Stare of California:
LEGAL DESCRIPTION ATTACHED HERETO AND BADE A PART HEREOF DY REFERENCE
A _._-at:-;c
WON MONSactsws,otreo atigesalit
Dated December 21. 1994
STATE CF CN.lORIN
COON Y OF S.sn D Lego _ F
On Cec;amb€t 22. 1594 Went me.
:he undersigned
a menu passe in and raf sod Cow** .no aYaw ioniumaer appaafea
CHULA VISTA CAPITAL
BY: CHULA VISTA CAPITAL CORPORATION
its General Partner
BY:
Adtt3R T.3liCeut, Vi.:e"Prin3ident
Ammons* Wawa to m. (a memos as me an Oa Bare at tteaKmrq
*ell a oat ITN otnaep► anemia namo(N *am alaeoneea to iho
olown mew*ut monument
lne a .a so to an me mat itenno/nlen amnia! tint
'W atlpemlttNeel area MY Oy IMMIY/Mtv
aeltawefe at ago 'A owflett ata eefaonler. of too wily upon Noon at
'apnea the eeften Lai rClea. oast:wed NN ,Mtfunefa.
WIrNES3 an" lata .ma oMMaa1 teal
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.ie.O: dat9ir .wN. .fatt.n
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Page L
Bar-: )w No. k1.6306 -31
LEGAL DESCRIPTION EXHIBIT
THAT PORTION OF THE MAP OF NATIONAL CITY. IN THE CITY OF NATIONAL CITY. COUNTY OF SAM
DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF N0. 348, TOGETHER WITH THAT
PORTION OF QUARTER SECTION 174 OF RANCHO DE LA NAC.3N, ALSO IN THIS CITY OF NATIONAL
CITY. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF N0. 166.
FU ED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. ALL BEING MORE
PARTICULARLY DESCRI= As FOLLOWS:
. 8E63318INB AT S?AFYON S8 01 TEE ORDINAET EWE EATER MARK OF TEE SAWDIEGO BAY AS MOON
ow Si iEt 2 OF RECORD OF SU8VeY 9040 ON FILE IN TEE. OFFICE of TIE RECORDER OF BAUD
COUR* 286110E *WO SAID ORDINARY 18i01 VOTER KAU AND TEE BOUNDARY OF TWA CUMIN
25.26ACRE FARCE!. SNOWS 01[ SAID RECORD 01 SURVEY 9040 NORTE 26' 24' 07' vast 693.33
PEST (NORTE 26' 24. GO° tiEst•T 693.56 FELT RECORD): TNERCE NORTH 40° 26' I3' VEST 261.30
F6ET.(NORTW 40' 20' 00' WEST 261,36-FEST RECORD); THENCE NORTH 40' 29' 42' WEST 493.76
PERT (NORTE 40' 29' 20" WEST 493.16..FEEt.RECORD): THENCE SAUTE 77' 51' 47' NEST 251.09
.'E87 A0UTE 77' 32' 00' **sr 231.09 PERT RECORD); THENCE NORTB 30' 38' 42' WEST 141.3E
FEET'UORTH 30° 38' 00' NEST 141.25 FEE1 RECORD): THENCE NORTE 72' 2O' 21' EAST 38484,61
Farman 72' 10' 42' EAST 384.38 PEST. RECORD) TO THE BEGINNING OF A NONTANGENT
3:7k.265: FOOT RADIUS EURYE.CONCAVE NGRT88ESTERLY. A RADIAL LINE TO SAID PCXNr SEARS
S0tT1f.17° 43' 48' EAST (SOUTH 17' 43' 31' EAST RECORD); THENCE NORTHEASTERLY ALONG
SAU CURVE THROUGH• A. CENTRAL. ANGLE OF 57° 56' 23' AN ARC DISTANCE OF 383.53 PEST;
18E8CB ALONG A NON?ANGENT'.LJNE.-NORTH 72° 10' 35' EAST 114.74 FEE? WORM 7'2" 20' 52'
EA.g? 214.66 FRET' miaow TQ A FAINTON TEE ARC OF A NOWLANGEKT 1298.37 FOOT RADIUS'
CUR R-CONCAVE NORTHEASTERLY. A RADIAL LINE TO SAID POINT• BEARS SOU= 59'.01' 57' WEST
05417L'59' 01' 08'° WEST RECORD); TERWGE SOU?HEAS?ERLY ALONG SAID CVONE THROUGI 6
CEVSM. ANGLE OF 20' 34' 29' AN ARC DISTANCE OF 466.31 FEE? (20° 34' 3I' MARC
moues OF 466.33 FEET RECORD): THENCE ALONG A NONTANGENT LIN& SOU?0 51' 33' 32'
FAST 139.72 FEET (SOUTH 51 ' 33' 23' EAST 139.73 FEET RECORD); THENC£ SOUTH 17' 43' 14'
EAST 447.32 FEET (SOUTH 17° 43' 41' EAST 447.28 FEET RECORD); THENCE SOUTH 17° 42. 17°
EAST (SOUTH 17° 42' 10' FAST RECORD): 736.48 FEET 1'G THE NORTHEASTERLY CORNER OF TEAT
CERTAIN PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA SY DEED REEORDEDDECffi 338
22. 1986. AS DOCUMENT NO. 86-501031: THENCE ALONG SAID NORTHERLY LINE OF SAID DEED 10
THE STATE AND THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE STATE
OF CALIFORNIA BY DEED RECORDED MAY 14. 1985. AS DOCUMENT NO. SS-167989 SOUTH 72° 14'
13' NEST 73.22 FEET THENCE SOUTH 17° 43' 47' EAST ZS.00 F2T; THENCE SOUTH 72° 14'
13' NEST 365.66 FEET TO A POINT ON THE AFOREMENTIONED HIGH WATER MARaI; THENCE ALONG
SAID HIGH WATER MARE NORTH 10° 17' 33' EAST 28.59 FEET TO THE POINT 08 BEGINNING.
.!.\ .,.., Y •....
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE Sept Ember 28, 1999
AGENDA ITEM NO.
ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY
POLICE OFFICERS' ASSOCIATION
PREPARED BY
EXPLANATION.
Roger C. DeFratis DEPARTMENT Personnel
Personnel //
Representatives of the City met and conferred with representatives of the National City Police Officers'
Association and reached an agreement on a proposed three (3) year Memorandum of Understanding
concerning salaries, benefits, and other conditions of employment. The proposed Memorandum of
Understanding has been approved by the members of the Association. The effective date of this M.O.U.
would be July 1, 1999, and continuing through the end of fiscal year 2001-2002.
A summary of the significant changes to the current M.O.U. Is attached, and a full copy of the agreement is
on file in the Office of the City Clerk.
Environmental Review
X N/A
Financial Statement
This agreement would direct the City Manager to allocate the necessary funds to the appropriate accounts. The
estimated additional general fund cost is approximately $180,000 for 1999-2000 fiscal year for increases in salary
and benefits. Account No
TAFF RECOM NDATION
Recommend approval of the Memorandum of Understanding and proposed Resolution.
BOARD/ COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below)
1. Proposed Resolution
2. Summary of Agreement
99-162
Resolution No.
A.200 (Re.r. 9/80)
RESOLUTION NO. 99-162
RESOLUTION OF IRE CITY COUNCIL OF 1HE CITY
OF NATIONAL CITY APPROVING A MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN TM CITY OF NATIONAL
CITY AND 1'Hl NATIONAL CITY POLICE OFFICERS' ASSOCIATION
WHEREAS, representatives of the City met and conferred with represenatatives
of the National City Police Officers' Association (NCPOA) and reached agreement on a
proposed three-year Memorandum of Understanding (MOU) concerning wages, hours, and other
terms and conditions of employment; and
WHEREAS, the term of the proposed MOU is July 1, 1999 through June 30,
2002; and
WHEREAS, the members of the NCPOA have approved the proposed MOU.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves a Memorandum of Understanding by and between the City of
National City and the National City Police Officers' Association effective July 1, 1999 through
June 30, 2002. Said MOU is on file in the office of the City Clerk.
PASSED and ADOPTED this 28th day of September, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
NaRIEaa7 LOEMERCHaU
CITY OF NATIONAL CITY
AND
POLICE OFFICERS' ASSOCIATION
1. TERM OF AGREEMENT: 3 years, July 1, 1999 through June 30, 2002
2. SALARY ADJUSTMENTS: As follows..
Police Officer
3%*
2%*
2%
2%
2%
3%
3%
Senior Police Officer
3%
2%
2%
2%
2%
3%
3%
Sergeant
3%
4%
2%
3%
3%
3%
3%
Lieutenant
3%
4%
2%
3%
3%
3%
3%
Animal Control Off
0%
0%
2%
2%
2%
3%
3%
Senior Dispatcher
3%
4%
2%
3%
3%
3%
3%
**
* Steps A & B do not change.
* * Dispatcher is removed from unit.
3. RETIREE HEALTH BENEFIT: Those who retire after July 1, 1999, with 20 years of service,
will receive $5 per month for each year of service until age 65.
4. EMPLOYEE HEALTH BENEFIT:
EMPLOYEE ONLY
$285/Monet+
$285/Mon m
$290/Monmi
$295/Monmi
EMPLOYEE + 1
$295/Monmi
$310/Monmi
$320/Mauer
$330/Monnn
EMPLOYEE + 2 OR MORE
$305/Monmi
$330/Monrm
$345/Monmi
$360/Monmi
5. BILINGUAL PAY:
6. LIFE INSURANCE:
7. OVERTIME:
Increase from $40/month to $60/month.
Increase from $10,000 coverage to $20,000
Minor language changes on Overtime.
CITY OF NATIONAL CITY
BETWEEN
AND
FISCAL YEARS
JOWLY 1, 1999 - JUNE 30, 2000
JULY 1, 2000 JUNE 30, 2001
JVLY 1, 2001 JUNE 30, 2002
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF
NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS'
ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME:
JULY 1, 1999 THROUGH JUNE 30, 2002
The representatives of the City Manager of the City of National City, acting for and on behalf of the
City Council of the City of National City, have met and conferred with the representatives of the
National City Police Officers' Association, an organization representing employees of the City of
National City, in accordance with the provisions of Section 3500 et. seq., of the Government Code
of the State of California, and;
As a result of meeting and conferring in good faith with said Group, agreement has been reached
on the following terms and conditions of employment as applied to those employees who are
members of and represented by the Association; and the Memorandum of Understanding
concerning said agreed terms and conditions of employment has been approved by the City
Council of the City of National City on by
Resolution No.
For the CITY:
DANIEL CASSIDY
Chief Spokesperson
ROGER C. DeFRATIS
Representative
TOM G. McCABE
City Manager
DATE
For the MCPOA:
BRAD FIELDS
Chief Spokesperson
LANNY B. ROARK
President
MICHAEL S. IGLESIAS
Representative
DENNIS J. LEACH
Representative
RANDAL G. TRIVIZ
Representative
JOSE M. TELLEZ
Representative
LEWIS G. BALKE
Representative
TABLE IF CONTENTS
ARTICLE TITLE PAGE
Article 1 Implementation 1
Article 2 Recognition 2
Article 3 Vacation And Holiday Leave/Furlough Leave 3
Article 4 Leave Eligibility And Procedure 6
Article 5 Military Leave 7
Article 6 Maternity Leave/Paternity Leave 8
Article 7 Court Leave 9
Article 8 Sick Leave With Pay 10
Article 9 Special Leave With Pay 14
Article 10 The Compensation Plan 15
Article 11 Pay Differential 17
Article 12 Overtime 18
Article 13 Compensatory Time Off 20
Article 14 Educational incentive Pay 21
Article 15 Longevity Pay 28
Article 16 Cafeteria Plan for Health, Dental & insurance Plans 24
Article 17 Employee Life insurance 25
Article 18 Public Employees' Retirement System 26
Article 19 Management Rights 27
Article 20 Long Term Disability insurance 28
Article 21 Uniform Allowance 29
Article 22 Salaries 80
Article 23 Assodation Rights 31
Article 24 Employee Rights H3
Article 25 Work Week/Day H5
Article 26 P.O.S.T. Training 86
Article 27 Employee Grievance Procedure H7
Article 28 Continuation of Wages, Hours And Working Conditions 45
Article 29 Agreement, Modification, Waiver 46
Article 30 Obligation To Support 47
Article 31 Provisions of Law 48
Article 32 Term of Provisions 49
Article 33 Employee Assistance Program - 50
Article 34 Use Of City Vehicles 51
Article 35 Definitions 52
NCPOA MOU 19992002
ARTICLE 1
IMPLEMENTATION
This MOU constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It
is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until:
(A) The Association by a majority vote, formally accepts this MOU.
(B) The City Council acts, by majority vote, formally to approve and adopt said MOU.
(C) The City Council acts to appropriate the necessary funds required to implement the
provisions of this MOU which require funding.
(D) The City Council acts in a timely manner to make the necessary changes in ordinances,
resolutions, rules, policies and procedures to implement and conform to this agreement for
the period as specified in this MOU.
Page 1
UNCLE 2
NEC,PNITICN
The City continues to recognize the Association as the formally recognized majority employees' organization
for the following full-time employees of the National City Police Department
IA1 SI MNN !OSMAN$:
Police Lieutenant
Police Sergeant
Senior Police Officer
Police Officer
Animal Control Officer
[Bl BAN-SMI�BN IMSIflUNS:
Police Recruit
Senior Police Dispatcher*
* The Police Officer Association (POAJ will continue to represent the position
of Senior Police Dispatcher until the present incumbent vacates the position.
Thereafter, the position will be represented by Municipal Employees'
Association (MEAD.
Page 2
ARTICLE 3
VACATION ANN NOWAY LEAVE/FNRLONUN LEAVE
Sectlen 1 Parpese
The purpose of Vacation and Holiday leave is to provide time for an employee to be away from the work
environment and to enable such employee to return to work mentally refreshed. All employees shall be
entitled to annual vacation leave with pay.
Sectie■ 2 Accrual Oates
All accrual rates are based on biweekly pay periods. Employees covered by this Memorandum of
Understanding shall earn vacation and holiday leave as follows:
0-130 pay periods
7.08 hrs. per pay period of service
131-390 pay periods
8.61 hrs. per pay period of service
over 390 pay periods
10.15 hrs. per pay period of service
It is recognized thatthis accrual includes eight (8) hours credit for each of the following fixed holidays and six
(6) floating holidays:
New Year's Day - January 1st
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - 1st Monday in September
Thanksgiving Day - 4th Thursday in November
Day After Thanksgiving Day
Christmas Day - December 25t"
It is further recognized that this provision shall not limit any additional future benefits applicable to the above
mentioned holidays and that any such future benefits or compensation shall be granted.
Settle' 3 Maximum Vacation Accn■■iatlaa
An employee may accumulate vacation to a maximum of three (3) times the annual accrual, and accrual shall
stop whenever the employee reaches the maximum.
Page 3
Article 3 - Vocalise and lelidav Leave/Fm lesO Leave
Section 4 ApNsi■ted and leliiis■s lsliday
With City Council approval, every day appointed by the President of the United States or by the
Governor of California for a public fast, Thanksgiving or holiday, with the exception of Good Friday,
shall be honored as an additional holiday and eight (8) hours will be credited to the employees'
vacation and holiday balance. Employees may request time off to attend religious services or other
religious activities on Good Friday or on other recognized religious holidays during the year, such time
off shall be charged to the employees' annually accumulated leave or compensating time off. If the
employee has no accumulated annual leave or compensating time off, such time off shall be without
pay.
Settle' 5 Vacation Schedules
1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the
Department, the needs and wishes of the employees and the employees' seniority.
2. An employee may take earned vacation in any increment of one (1) hour or more with the consent of
the Department Head.
Section 6 Terminal Vocalise And leliday Leave Pay
Consistent with the provisions of this MOU and FLSA, upon termination of employment for any cause, an
employee shall be entitled to pay in lieu for the number of accumulated vacation and holiday leave credited to
the employee's account under the provisions of this section. All leave available upon completion of an
employee's last day of work shall be a lump sum payment termed "terminal vacation and holiday pay".
Section 1 Terminal Vacation And loliday Leave
In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday
leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end of
said period.
Section 8 lelidays Sccnrrdn' e■ Normal Nark lay
In the event an employee is required to work on a fixed holiday listed in Section 2 above, hourly compensation
shall be based on the overtime rate.
Page 4
Article 3 - Vacation and Miay Leare/Fnrlo■a Leave
Section I Vacation Sell lack
Employees in the classifications of Police Officer, Senior Police Officer, and Police Lieutenant on a career
basis using a minimum of one-half (1) of their annual accrual of vacation during the eligibility period, may
convert a minimum of 20 hours and a maximum of 40 hours of their accumulated vacation time to pay in
December of each year.
Employees in the classification of Police Sergeant on a career basis using one-half (1) of their annual accrual
during eligibility period may convert a minimum of 40 hours and a maximum of 80 hours of accumulated
vacation to pay in December of each year. The sergeant's sell back allowed will reduce to twenty (20) hours
minimum to forty (40) hours maximum, if and when the Sergeant's staffing level reaches 12 budgeted
positions.
Employees must submit a written request to the Finance Department to convert vacation hours to pay prior to
December 1st of each year in order to be eligible. The eligibility period is defined as the start of the pay
period which corresponds to the first pay day in December and the previous 25 pay periods.
Section 10 Musk Bank
Current furlough bank hours shall remain in each employee's account until used by the employee as time off
from work with pay. Requests to use furlough hours shall be made and may be approved consistent with
present vacation policies. Furlough bank hours have no cash value and if not used prior to separation shall be
extinguished.
Page 5
ANTICLE 4
LEAVE FUSIBILITY ANA MCENUNE
Section 1 Leave Categories
Consistent with the provisions of this MOU, employees shall be entitled to annual vacation and shall be
allowed sick, injury, emergency and special leaves of absence. Administrative leave will be treated the same
as time actually worked for purposes of leave requests, benefits and pay.
Section 2 Neu■ests For Leave
All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed
forms, and, except as provided in the case of Administrative Leave, Court Leave and Special Meetings, must
meet the approval of the Department Head.
Settles 3 Leave Approval
Except in the case of sick, emergency or military leave, the time during which any leave of absence shall be
taken by an employee shall be designated by the Department Head.
Section 4 Leave of Aiseace - Cs••e■ceueet and Termination
Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause
shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall
thereafter be invalid.
Section 5 Leave of Absence - Failure to Aepert
Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for
checking and certification. Failure of an employee to report at the expiration of leave shall separate the
employee from City service and shall be considered, in effect, a resignation; provided, however, the
Department Head may in his/her discretion cancel such separation if circumstances warrant such
cancellation.
Page 6
ARTICLE 5
MILITARY LEAVE
In addition to the leaves of absence provided in this Article, City employees who are also members of the
armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of
absence and the employment rights and privileges provided by the Military and Veterans' Code of the State
of California.
1. The term "military service" as used herein shall signify service on active duty with any branch of
service above mentioned, as well as training or education under the supervision of the United
States preliminaryto induction into the military service.
2. The terms "active service" or "active duty" shall include the period during which such
employee while in military service is absent from duty on account of sickness, wounds, leave or
other lawful cause.
3. No employee serving under a permanent appointment in the Classified Service shall be
subjected by any person directly or indirectly by reason of his absence on military leave to any
loss or diminution of accrued vacation, holiday, insurance, pension, retirement or other
privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave
with reference to promotion, continuance in office or employment, re -appointment of re-
employment.
4. When military leave is granted to an employee in the Classified Service pursuant to this section,
the position held by such employee shall be filled temporarily only during the employees
absence, except in the event of the employee's death while on leave, and said employee shall
be entitled to be restored to such position, or to a position of like seniority, status and pay,
upon return from such leave, provided the employee is still mentally and physically qualified to
perform the duties of such position, and provided said employee makes application for re-
employment within 90 days after being relieved from such military service.
5. During absence on military leave, any employee in the Classified Service who has been
employed continuously by the City for a period of not less than one (1) year prior to the date
upon which such absence begins, shall receive his regular salary and benefits for a period not to
exceed normal hours worked in 30 calendar days (or 180 hours maximum) in any one fiscal
year. All services of said employee in the recognized military service shall be counted as
employment with the City.
Page 7
ARTICLE 6
MATERNITY LEAVE/PATERNITY LEAVE
REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE.
Page 8
ARTICLE I
EMIT LEAVE
An employee who is required by court order to serve as a juror or as a witness who is not a party to a court
action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's
required attendance to the Police Chief/designee. The employee shall receive full pay for the time he serves on
court duty, provided the money received as a juror or witness is deposited with the Finance Department for
credit to the proper fund. Request for such leave shall be made upon leave of absence forms, and the normal
work schedule of an employee on court leave may be adjusted to accommodate the needs of the department
and the employee's particular circumstances.
If the employee makes a court appearance during the morning session and at least part of the afternoon
session, after he/she has just completed working a graveyard shift, and if the employee is scheduled to work
the next succeeding night shift, the employee shall have the option of:
1. Taking the succeeding scheduled graveyard shift off with paid compensation at straight time for the
succeeding shift or,
2. Subject to the approval of the on -duty watch commander or shift supervisor, work the succeeding
scheduled graveyard shift and receive time and one-half paid compensation for the actual court
appearance time.
Page 9
ARTICLE 8
SICK LEAVE WITH PAY
The intent of this Article is to provide a continuity of full salary to those employees who are unable, because of
illness or injury, to perform the duties of their position or who would expose fellow workers or the public to
contagious disease and are thereby forced to be absent from employment and to provide necessary time off
from work for medical and dental care subject to administrative regulations designed to prevent malingering
or abuse of these privileges.
Seale■ 1 Sick Leave Nefi■eli
Sick leave is the necessary absence from duty of an employee and may be approved for:
1. Illness, injury, incapacity or exposure to a contagious disease suffered by an employee.
2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this
Article.
3. Authorized medical or dental care, or bereavement.
Sachem 2 Sick Leave Accumulatie■
1. Each full-time permanent or probationary employee covered by this Memorandum of Understanding
shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period if he/she
has been on paid status at least half the regularly scheduled work days in that month.
2. Unused sick leave shall be accumulative in an unlimited amount.
Sadie. 3 Limitation e■ Moe Ckareeakle Te Sick Leave
A. No person shall be entitled to sick leave with pay while absent from duty on account of any of the
following causes:
1. Disability arising from any sickness or injury purposely self-inflicted.
2. Disability arising from any sickness or injury caused by willful misconduct.
3. No paid sick leave shall be granted in excess of the employee's sick leave credit or on an
employees regularly scheduled day off.
Page 10
Article I - Sick Leave Will Pay
B. Absence that is chargeable to sick leave in accordance with this article shall be charged in an
amount not smaller than one (1) hour for the first hour of absence and thereafter, in increments of
not less than fifteen (15) minutes.
Settles 4 Notification
A. In order to receive compensation while on sick leave, the employee shall notify:
1. The immediate supervisor or,
2. The Department Head or;
3. In the event of the unavailability of either, the senior department representative available.
B. Notification shall be made prior to or not later than the beginning of the work day in the employee's
respective department.
C. The Department Head may waive the above requirements if, in his/her opinion, an emergency or
other exceptional circumstances so warrants.
Settles 5 Physician's Statement leaked
A. When absence is for more than three (3) consecutive working days, the department head shall
require the employee to furnish, at the employee's expense, a certificate or statement from a
licensed and practicing physician, indicating the nature and duration of the employee's incapacity
or, if the employee was not examined by a physician, other adequate evidence. Based upon
circumstances of the particular case and review of previous sick leave usage, the department head
may require evidence of incapacity in cases of shorter periods of absence.
B. The employee shall not be called at home/hospital while on sick leave for the purpose of pressuring
the employee to return to work while still ill or to pressure the employee to perform duties at
home/hospital. This section does not limit the right of a supervisor to contact an employee in order
to obtain needed information about the status of his/her health and expected date of return to work.
Settles 6 Separation fret City Service
All accumulated sick leave shall be canceled upon separation of the employee from the City service, except
upon retirement. If separation is by lay-off his accumulated sick leave, up to a maximum of 240 hours shall
be restored to him upon re-employment within 24 months.
Page 11
evade $ - Sick Leave Will Pay
Section 1 Illness Imlay Vanden Leave
An employee who becomes incapacitated for work due to the employees' illness or injury while on paid
vacation shall have the option of substituting sick leave credit for vacation provided the employees' request
for sick leave substitution is accompanied by doctors statement or other evidence satisfactory to the
Department Head or his designee.
Section 0 Sick Leave Payment Ina ietireimt
An employee hired on or before June 30, 1979 shall upon formal retirement from the City under the Public
Employees' Retirement System be paid for each day of unused sick leave or fraction thereof which has
accrued to his credit up to and including his last day of work but not to exceed 45 days or 360 hours. An
employee hired on or afterJuly 1, 1979 shall not be entitled to sick leave payoff upon retirement.
Section 9 Melee Of Cause III AUsence
In all cases of absence due to sickness or injury of the employee; illness, injury or death in the employee's
immediate family, the employee may be required to famish the Department Head evidence substantiating
the request for such leave. Failure to furnish such evidence upon request shall be sufficient reason to deny
the leave of absence with pay.
Sallee 10 Sick Leave leceative Pay
1. Employees using four (4) days of sick leave or less during the fiscal year may convert 25% * of their
remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried
over and accumulated for use when needed. For purposes of this section, sick leave used in relation
to a death in the immediate family as provided in Article 9, shall not be counted against the four (4)
day eligibility limit on sick leave usage.
* On July 1, 2000, the amount of sick leave eligble for conversion will increase
from 25% to 35% and effective for the incentive based on the previous fiscal
year.
* On July 1, 2001, the amount of sick leave eligible for conversion will increase
from 35% to 50% and effective for the incentive based on the previous fiscal
year.
Page 12
Article ! - Sick Leave WiiI Pay
2. Pay shall be computed based on the following schedule and all computations shall be rounded to the
nearest whole hour.
Remaining
........................
40
Sick Leave
atEEnd
Hour Work Week
of
Rita
Year!I
Pay -Incentive (25%)
40
Hoor WOrak Week:
12 days (96 hours)
3 days (24 hours)
11 days (88 hours)
2 days, 6 hours (22 hours)
10 days (80 hours)
2 days, 4 hours (20 hours)
9 days (72 hours)
2 days, 2 hours (8 hours)
8 days (64 hours)
2 days (16 hours)
7 days (56 hours or less)
0 days
(EXAMPLE Employee has 11 days, 5 hours remaining yearly sick leave; therefore, 93 hours x .25
= 23.25 hours = 23 hours of pay)
3. Paid sick leave hours shall be subtracted from the employee's yearly sick leave balance. The
remaining sick leave hours shall be carried over and accumulated per subsection 2 hereof.
(Example: Employee uses 4 days sick leave. He then receives pay for 25% of remaining days or 2
days. The two (2) days are subtracted from his remaining yearly sick leave and the other 6 days are
added to the employee's total accumulated sick leave balance).
4. Payment will be made during the month of August each year. Pay will be computed based on the
employee's salary step on June 30 of the preceding fiscal year.
5. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is
on payroll June 30.
6. Employees who separate during the fiscal year will be compensated on a prorated basis subject to
their formal separation date.
Page 13
ARTICLE 9
SPECIAL LEAVE WITH PAY
Section 1 Intent
The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with
emergency illness, injury or death in said employees immediate family*. Consistent with provisions of this
MOU, an employee who is eligible for sick leave with pay as defined in Article 8 of this MOU, shall be granted
special emergency leave with pay by the Department Head to be charged against the employee's sick leave
accumulation.
Section 2 Special Leave Defined
Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty
of. an employee because of emergency, illness or injury of a member of the immediate family requiring the
attendance of an employee upon said family member until professional or other attendance can be obtained,
or the absence from duty of an employee to discharge the customary obligations arising from a death of a
member of the employee's immediate family.
Section 3 Limitation
Special leave with pay granted pursuant to this Article shall be limited to a maximum of 40 hours annually.
Up to eight (8) hours of the 40 hour maximum may be utilized for emergency care of any minor children of the
employee not residing in the employees household.
Special leave with pay must be approved by the Department Head or his designee consistent with the
provisions of this Article.
Page 14
ARTICLE 1O
TIE COMPENSATION PLAN
Section 1 Salary jlivanco•ent
The Compensation Plan has the following characteristics:
1. The salary range for all classifications, except Senior Police Officer, consists of five (5) steps
(A through E). The salary for Senior Police Officer is a flat amount approximately five percent
(5%) higher than "E" step for Police Officer.
2. The increase from one step to the next step on each salary range is as indicated in the salary
schedule for Police Department employees as set out in Article 24.
The success of the Compensation Plan depends upon incentives which will encourage employees to put forth
increasing efforts as they advance through the salary steps of the salary range. Salary advancement for each
employee shall be granted only upon a satisfactory evaluation ("standard" or above) and a recommendation
to the City Manager by the department head. The step increase must then be approved by the City Manager
or his designee.
If an employee is denied his/her salary step advancement due to failure of the department head or other
administrators to follow applicable Civil Service or Personnel Rules, he/she may appeal said denial through
the established Grievance Procedure.
Section 2 Salary Steps
The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth
salary steps are incentive adjustments to encourage an employee to continue to improve his work:
1. The first salary step (Step "A"), is the minimum rate and will normally be the hiring rate.
Appointment may be made to other than normal entering salary step upon the
recommendation of the department head and upon the approval of the City Manager, when
it is decided that such action is in the best interests of the City.
2. The second salary step (Step "B"), twelve (12) months of satisfactory service at Step "A"
shall make an employee eligible consistent with Section 1 for consideration for this salary
advancement.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to
become eligible for consideration for this salary advancement.
Page 15
Article 111 - The celalpe.sallea Nam
3. The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B"
shall make an employee eligible consistent with Section 1 for this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to
become eligible for consideration for this salary advancement
4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C"
shall make an employee eligible consistent with Section 1 for this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to
become eligible for consideration for this salary advancement.
5. The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall
make an employee eligible consistent with Section 1 for this salary advancement
All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to
cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry
with it an annual salary increase during the first year equal to approximately five percent (5%).
The provisions of this Article are based upon the salary schedule adopted by the City Council and set forth in
Article 24.
Page 16
ARTICLE 11
PAT DIFFERENTIAL
Sudan 1
Those employees classified as Police Officer and assigned duty as the "Police liaison Officer" shall receive a
pay differential of $123 per month. This pay differential may be eliminated at the Councl's discretion.
Section 2
Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Police
Dog/Animal Handier duty on a permanent basis shall receive a pay differential of $150 per month for the
duration of said assignment.
Section 3
Those employees classified as Police Officer, Senior Officer or Sergeant and assigned motorcycle duty on a
permanent basis shall receive a pay differential of $123 per month for the duration of said assignment
Sectie• 4
Those employees who, upon recommendation of the Chief of Police and the approval of the Personnel
Director, and successful completion of a Bilingual Performance Evaluation administered by the Personnel
Department, who are regularly required to use their bilingual skills in Spanish, Tagalog or any second
language approved by the Chief of Police and the Personnel Director, shall receive a pay differential of $60
per month effective. Subject to the requirements of this subsection, payment of the bilingual differential
shall be limited to a maximum of 25 employees at any given time.
Page 17
ARTICLE 12
°VENTIRE
1. The smallest unit of time credited as overtime as an extension of shift shall be 30 minutes. An
extension of shiftthat is less than 30 minutes shall be disregarded and not accumulated.
2. Overtime credit must be for work specifically ordered, requested or approved by the Department
Head or a designated representative. All time, (including actual hours worked, sick leave, vacation,
etc.) except suspension time shall be considered in the determination and calculation of overtime.
3. Except as provided in Section 5 regarding court time, if an employee is required to return to his/her
place of employment after he/she has completed a normal work day, he/she shall receive overtime
pay for a minimum of four (4) hours unless such overtime is within three (3) hours of the beginning of
the employee's regular work period, in which case the employee shall receive overtime pay for one
(1) hour more than the overtime hours worked. Said employee shall have the option of taking
compensatory time off in lieu of call back pay.
4. All overtime compensation shall be at time and a half whether it is paid or is credited as
compensatory time off.
(a) Overtime shall be paid for all hours over eighty (80) hours of paid time in a biweekly pay
period.
5. Employees on scheduled time off, who are subpoenaed in the line of duty or required by the
Department Head or his designee to be present in criminal or juvenile court, or other judicial
proceedings shall receive overtime compensation for all time actually spent and required to be at
court. Employees shall be guaranteed a minimum of four (4) hours for each separate court
appearance unless such overtime is within one (1) hour of the begnning of the employee's regular
work period, in which case a one (1) hour minimum will be paid. Said employee shall be reimbursed
for all actual mileage said employee travels round trip between the Police Station and the location to
which said employee is subpoenaed.
(a) Overtime shall not be granted to an employee who schedules voluntary leave and then
volunteers to work overtime during the scheduled leave.
(b) Overtime shall not be granted to an employee who is scheduled to appear in court during his
regular shift and requests and is granted leave time. This paragraph shall not apply to an
annual scheduled vacation or a person on leave who is unexpectedly ordered to appear in
court.
Page 18
Article 12 - Overtime
(c) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned
Motorcycle duty on a regular basis shall receive one-half hour of overtime pay for each full
shift actually worked as compensation for travel time to and from the workplace.
(d) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned
police dog/animal handler duty on a regular basis shall receive one half hour of overtime pay
for each full shift actually worked as compensation for travel to and from the workplace.
6. Along with other rights reserved to management, the right of management to make changes in prior
practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor
Standards Act is recognized subjectto the following limitations:
(a) No changes shall be inconsistent with the other provisions of this article except as required
by law; and
(b) The Association shall be notified in writing of such changes and such notification shall be
prior to implementation unless this is not feasible due to unforeseen circumstances or legal
requirements; and
(c) The Association reserves the right to meet and confer on these changes by submittal of a
written request within 30 days prior to or after their implementation.
7. The parties understand that unexpected problems may arise in the administration of overtime and
leave. At the request of either party to this agreement, a committee composed of representative of
the National City Police Officers' Association and the City will meet and discuss overtime and leave
issues with the intent to reduce unnecessary overtime and maximize the opportunity to reduce
furlough and comp time balances.
8. Change of Schedule
With the understanding that the needs of the department will sometimes require short notice, every
effort will be made to notify employees regarding transfers or shift adjustments as far in advance of
such changes as is possible. Employees who are subject to transfer or shift adjustment shall be
notified no less than 7 calendar days prior to that movement or adjustment If such notice cannot be
made or is not made, and the employee chooses to not waive calendar days notification guideline,
the first shift worked on the new schedule shall be compensated at time and a half. Only Sergeants,
Lieutenants, and newly promoted employees may waive the 7-calendar day notification guideline.
Page 19
ARTICLE 13
CSUPENSATIRY TINE RFF
Section 1
Consistent with Article 12 of this MOU every employee is entitled to receive time and one half pay to be
included in the pay period in which earned or at the discretion of the employee of having said hours logged as
"comp time" with a maximum accumulation of ninety (90) hours. Said hours of comp time shall be converted
to the equivalent of straight time hours (i.e., one hour of overtime equals one and one half-hours comp time).
On July 1, 2000, this maximum accumulation will increase to 100 hours.
On July 1, 2001, it will again increase to 120 hours.
Section 2
When an employee's employment terminates for any reason, all comp time shall be paid to said employee at
the employee's current salary as specified under the Fair Labor Standards Act.
Section 3
An employee may use his comp time to extend his regular vacation period with the approval of the Department
Head.
Section 4
Along with other rights reserved to management, the right of management to make changes in prior practices
to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is
recognized subject to the following limitations:
(a) No changes shall be inconsistent with the other provisions of this article except as required by
law; and
(b) The Association shall be notified in writing of such changes and such notification shall be prior
to implementation unless this is not feasible due to unforeseen circumstances or legal
requirements; and
(c) The Association reserves the right to meet and confer on these changes by submittal of a
written request within 30 days prior to or after their implementation.
Page 20
AITICLE 14
EI®CATI,NAL INCENTIVE PAY
Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay
upon meeting the requirements indicated below.
LEVEL I
$30.00=per month
compensation
LEVEL II
$60 00
per
month
compensation::.
LEVEL 1f1 +
$
100 00 per month
compensation
AS or AA in
related field
BS or BA in related
field or AA/AS with
Intermediate POST
Certificate
MS or MA in related
field or BS/BA and
Advanced POST
Certificate
GENERAL REOUIREMENTS
1. Completion of the initial Probationary Period with the National City Police Department.
2. Performance Report of at least "Satisfactory" on last two (2) reports.
3. Recommendation from the Chief of Police and the approval of the City Manager or designee.
4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded degrees in a field closely
related to law enforcement. "Closely related to law enforcement" is defined as: A formal course of
academic study in a discipline directly related to municipal law enforcement which by virtue of having
completed the prescribed courses of study, an individual would reasonably be expected to have
acquired skills that would make the individual a better Police Officer. Examples of a closely related
field are: Police Administration, Criminal Justice Administration, Law Enforcement Administration,
Public Administration and Jurisprudence. The City Manager or designee will make the final
determination as to a program "relatedness" to law enforcement The institution conferring the
degree must be accredited by the Accrediting Commission of Senior Colleges, Universities, etc..
5. An Officer may qualify for Level II Educational Incentive without the formally awarded AA or AS degree
if there is a unit equivalency. Unit equivalency of an AA or AS degree is defined as meeting the
requirements for graduation under the current catalog for Southwestern College. It is the
responsibility of the Officer to provide documentation that requirements for graduation have been
met.
Page 21
Article 14 - Nominal Iaceatiee !aD
Ttiitie■ lei.htirse■efit
The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work
performance through furthering their education. The plan provides reimbursement for up to $1,500 per
fiscal year and is open to all employees who meet the following criteria:
1. Successful completion of probation.
2. A proposed course of instruction is related to the employee's employment with the City, or the course
is required for a degree in a closely related field. The City Manager or his designee has the final
authority on determining whether a course or degree is job related. Request must be submitted in
writing on appropriate department form according to established procedures.
3. The reimbursement may be used to cover the costs of tuition, registration and books at a local
community or state college or university.
4. The course must be passed with a grade of "C" or better. If taken on a pass/fail basis, employee
must pass course(s) taken.
5. The employee must show written documentation of the expenditures being claimed for
reimbursement.
Page 22
AN11CLE 15
L®NgEYITY PAY
In addition to other compensation paid for the service of employees pay shall be paid to all officers and
employees of the City of National City on the following basis:
(a) After 15 years of continuous and uninterrupted service the sum of $30.00 per month;
(b) After 20 years of continuous and uninterrupted service the sum of $35.00 per month;
(c) After 25 years of continuous and uninterrupted service the sum of $40.00 per month, which
shall be the maximum payable.
Vacations, sick leave, military leave and absence authorized by the City Council of National City shall not be
considered as interruption of service.
In the event an employee ceases to be employed by National City for a reason other than military service or
lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently
re-employed by the City, said employee shall not be entitled to any longevity pay by reason of prior
employment.
Employees currently being paid Longevity Pay for service of five (5) and ten (10) years will continue to be paid
at the $10/month and $15/month respectively.
Page 23
ARTICLE 16
CAFETERIA PEAR FIR REALTR, RENTAL ANN INSURANCE PLANS
Section 1 Isola Coverage
As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a
group health and dental insurance program. The benefits and limitations of the program are to be designed
cooperatively by the Association, the insurance carrier and the City. The Association and the City agree to
select and implement health insurance programs that meet the requirements of the Health Maintenance Act
of 1973.
The City will provide a cafeteria benefit to all employees for use of paying insurance premiums for health,
dental and other insurance plans according to the following:
EMPLOYEE ONLY
$285/Month
$285/Month
$290/Month
$295/Month
EMPLOYEE+ 1
$295/Month
$310/Month
$320/Month
$330/Month
EMPLOYEE + 2 OR MORE
$305/Month
$330/Month
$345/Month
$360/Month
In the event the cost of providing employee health insurance exceeds the established City contribution, the
employee must paythe excess amount.
Section 2 Mosey la Lies
An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health
coverage for the employee alone, as cash in lieu.
Sufism 3 Retiree Realti Benefit
Employees covered by this MOU, who retire from the City of National City after July 1,1999, and who have at
least 20 full years of service with National City Police Department shall receive $5/month for each year of
service with National City Police Department as the City's contribution towards their medical insurance
premium. This contribution shall continue until reaching age 65 or the retiree obtaining primary health
coverage not sponsored by the City of National City.
Retirees eligible for this benefit are responsible for paying the Health Insurance Premium and the City will
forward this benefit amount on a monthly basis directly to the Retiree. This benefit will be canceled upon
non-payment of premium or otherwise becoming ineligible. The Retiree is also responsible for notification to
the City of address change and health coverage from another source.
Page 24
AOTICLE 17
EMPLOYEE LIFE INSNNANCE
As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a
group life insurance program. The benefits and limitations of the program are to be designed cooperatively
by the Association, insurance carrier and the City. The City will provide $20,000 Basic Life Accident
Insurance coverage for each employee.
Page 25
ARTICLE 18
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Section 1
Consistent with the Government Code of the State of California, employees are local safety or miscellaneous
members of the Public Employees' Retirement System and are entitled to all benefits previously adopted
amendments by the Board of Administration of PERS and the City Council.
Section 2 Plen Cost
The full cost of the employee's retirement program shall be paid by the City for eligible employees.
Section 3 The Plan Definition
The following benefits are included in the retirement plan benefits:
(a) 2%@50
(b) Third level of 1959 Survivor Benefit (Section 21382.4)
(c) Credit for Unused Sick Leave (Section 20862.4)
(d) Single highest 12-month period as salary base
Page 26
ARTICLE 19
MANAGEMENT SIMNTS
Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, the
City has and will continue to retain regardless of the frequency of exercise, rights to operate and manage its
affairs in each and every respect. The rights of the City shall include, but not be limited to the right
to determine the mission of its constituent departments, commission, boards; set
standards of service determine the procedures and standards of selection for employment
and promotions; direct its employees; establish and enforce reasonable dress and
grooming standards, determine the methods and means to relieve its employees from duty
because of lack of governmental operations; determine the methods, means and
personnel by which government operations are to be conducted; determine the content
and intent of job classifications; approve or disapprove secondary employment held by
departmental employees; determine methods of financing determine style and/or types of
City -issued wearing apparel, equipment or technology to be used; determine and/or
change the facilities, methods technology, means, organizational structure and size and
composition of the work force and allocate and assign work by which the City operations
are to be conducted; determine and change the number of locations, relocations and types
of operations, processes and materials to be used in carrying out all City functions
including, but not limited to the right to contract for or subcontract any work or operations
of the City; to assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments upon
reasonable notice; establish and modify productivity and performance programs and
standards; discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees for just cause; establish reasonable employee
performance standards including, but not limited to quality and quantity standards; and to
require compliance therewith; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work.
In exercising these rights the City shall comply with all applicable provisions of this MOU. The exercise of said
rights shall not preclude employees or their representatives from meeting and confemng as required by law
with City management representatives about the practical consequences that decisions on these matters
may have on wages, hours, and other terms and conditions of employment.
Page 27
ANTICLE 20
LON@ TENT NISANILIIY INSNlANCE
The City will provide up to $20.00 per month, per employee to provide a Long Term Disability Insurance Plan
as selected by the POA.
In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution,
the employee must pay the excess amount, and if the cost is less than $20/month the employee will receive
the excess as cash -in -lieu. It is the employee's responsibility to notify the Police Department and the
Personnel Office when benefits under the plan are awarded.
Page 28
ARTICLE 21
UNIFORM ALLOWANCE
Section 1
In August of each year, the City shall provide the following amounts for each employee covered by this MOU to
be applied towards the purchase and maintenance of prescribed uniforms:
(A) $525 peryear: Police Lieutenant, Police Officer, Police Recruit, Police Sergeant
and Senior Police Officer
(B) $300 per year: Animal Control Officer
Police Dispatcher/Matron
Section 2
In addition to the above the City shall provide each new employee appointed to a position listed in Section 1A
above $350 toward the initial purchase of prescribed uniforms.
Section 3
The City shall provide each sworn employee a flat badge.
Page 29
ARTICLE 22
SALARIES
Section 1 Salary Aiiastaeats aml Schedales
Salary adjustments will be made according to the attached Salary Schedules.
The City shall provide on a timely basis each year a copy of the official salary schedule
developed by the Finance Department.
Page 30
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE 11/02/1999
RANGE DESCRIPTION STEP A
POLICE LIEUTENANT
P148 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
POLICE SERGEANT
P136 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
SENIOR POLICE OFFICER
P122 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
POLICE OFFICER
P121
POLICE RECRUIT
P119
BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
ANIMAL CONTROL OFFICER
P094 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
SENIOR POLICE DISPATCHER
112 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
STEP B STEP C STEP D STEP E
2,288.51 2,402.94 2,523.08
59,501.26 62,476.32 65,600.14
4,958.44 5,206.36 5,466.68
28.61 30.04 31.54
1,895.38 1,990.15 2,089.66
49,279.88 51,743.87 54,331.07
4,106.66 4,311.99 4,527.59
23.69 24.88 26.12
1,522.24 1,598.35 1,728.62
39,578.24 41,557.15 44,944.12
3,298.19 3,463.10 3,745.34
19.03 19.98 21.61
1,380.97 1,450.02 1,568.20
35,905.22 37,700.48 40,773.20
2,992.10 3,141.71 3,397.77
17.26 18.13 19.60
1,109.70 1,165.19 1,223.44
28,852.20 30,294.81 31,809.55
2,404.35 2,524.57 2,650.80
13.87 14.56 15.29
2,649.24 2,781.70
68,880.15 72,324.15
5,740.01 6,027.01
33.12 34.77
2,194.14 2,303.85
57,047.62 59,900.00
4,753.97 4,991.67
27.43 28.80
2,001.05
52,027.30
4,335.61
25.01
1,815.05 1,905.80
47,191.33 49,550.89
3,932.61, 4,129.24
22.69 23.82
1,646.61 1,728.94
42,811.86 44,952.45
3,567.66 3,746.04
20.58 21.61
1,284.62 1,348.85
33,400.03 35,070.03
2,783.34 2,922.50
16.06 16.86
1,307.10 1,372.46 1,441.08 1,513.13 1,588.79
33,984.60 35,683.83 37,466.02 39,341.42 41,308.49
2,832.05 2,973.65 3,122.34 3,278.45 3,442.37
16.34 17.16 18.01 18.91 19.86
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE 02/22/2000
RANGE DESCRIPTION STEP A STEP B STEP C STEP D STEP E
POLICE LIEUTENANT
P148 BI-WEEKLY 2,380.05 2,499.05 2,624.01 2,755.21 2,892.97
ANNUAL 61,881.30 64,975.37 68,224.13 71,635.34 75,217.11
MONTHLY 5,156.78 5,414.61 5,685.34 5,969.61 6,268.09
40/HR WEEK 29.75 31.24 32.80 34.44 36.16
POLICE SERGEANT
P136 BI-WEEKLY 1,971.20 2,069.76 2,173.25 2,281.91 2,396.01
ANNUAL 51,251.20 53,813.76 56,504.45 59,329.67 62,296.15
MONTHLY 4,270.93 4,484.48 4,708.70 4,944.14 5,191.35
40/HR WEEK 24.64 25.87 27.17 28.52 29.95
SENIOR POLICE OFFICER
P122 BI-WEEKLY 2,041.07
ANNUAL 53,067.82
MONTHLY 4,422.32
40/HR WEEK 25.51
POLICE OFFICER
P121 BI-WEEKLY 1,522.24 1,598.35 1,763.19 1,851.35 1,943.92
ANNUAL 39,578.24 41,557.15 45,842.94 48,135.09 50,541.84
MONTHLY 3,298.19 3,463.10 3,820.25 4,011.26 4,211.82
40/HR WEEK 19.03 19.98 22.04 23.14 24.30
POLICE RECRUIT
P119 BI-WEEKLY 1,380.97 1,450.02 1,599.56 1,679.54 1,763.51
ANNUAL 35,905.22 37,700.48 41,588.56 43,667.99 45,851.39
MONTHLY 2,992.10 3,141.71 3,465.71 3,639.00 3,820.95
40/HR WEEK 17.26 18.13 19.99 20.99 22.04
ANIMAL CONTROL OFFICER
P094 BI-WEEKLY 1,109.70 1,165.19 1,223.44 1,284.62 1,348.85
ANNUAL 28,852.20 30,294.81 31,809.55 33,400.03 35,070.03
MONTHLY 2,404.35 2,524.57 2,650.80 2,783.34 2,922.50
40/HR WEEK 13.87 14.56 15.29 16.06 16.86
SENIOR POLICE DISPATCHER
112 BI-WEEKLY 1,359.38 1,427.35 1,498.72 1,573.65 1,652.33
ANNUAL 35,343.88 37,111.07 38,966.63 40,914.96 42,960.71
MONTHLY 2,945.32 3,092.59 3,247.22 3,409.58 3,580.06
40/HR WEEK 16.99 17.84 18.73 19.67 20.65
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE 10/31/2000
RANGE DESCRIPTION STEP A STEP B STEP C STEP D STEP E
POLICE LIEUTENANT
P148 BI-WEEKLY 2,427.65 2,549.03 2,676.48 2,810.31 2,950.82
ANNUAL 63,118.90 66,274.85 69,588.59 73,068.02 76,721.42
MONTHLY 5,259.91 5,522.90 5,799.05 6,089.00 6,393.45
40/HR WEEK 30.35 31.86 33.46 35.13 36.89
POLICE SERGEANT
P136 BI-WEEKLY 2,010.62 2,111.15 2,216.71 2,327.54 2,443.92
ANNUAL 52,276.12 54,889.93 57,634.42 60,516.14 63,541.95
MONTHLY 4,356.34 4,574.16 4,802.87 5,043.01 5,295.16
40/HR WEEK 25.13 26.39 27.71 29.09 30.55
SENIOR POLICE OFFICER
P122 BI-WEEKLY 2,081.89
ANNUAL 54,129.14
MONTHLY 4,510.76
40/HR WEEK 26.02
POLICE OFFICER
P121 BI-WEEKLY 1,552.68 1,630.31 1,798.50 1,888.43 1,982.85
ANNUAL 40,369.68 42,388.16 46,761.00 49,099.05 51,554.00
MONTHLY 3,364.14 3,532.35 3,896.75 4,091.59 4,296.17
40/HR WEEK 19.41 20.38 22.48 23.61 24.79
POLICE RECRUIT
P119 BI-WEEKLY 1,408.59 1,479.02 1,631.60 1,713.18 1,798.84
ANNUAL 36,623.34 38,454.51 42,421.60 44,542.68 46,769.81
MONTHLY 3,051.95 3,204.54 3,535.13 3,711.89 3,897.48
40/HR WEEK 17.61 18.49 20.40 21.41 22.49
ANIMAL CONTROL OFFICER
P094 BI-WEEKLY 1,131.89 1,188.48 1,247.91 1,310.30 1,375.82
ANNUAL 29,429.14 30,900.60 32,445.63 34,067.91 35,771.30
MONTHLY 2,452.43 2,575.05 2,703.80 2,838.99 2,980.94
40/HR WEEK 14.15 14.86 15.60 16.38 17.20
SENIOR POLICE DISPATCHER
112 BI-WEEKLY 1,386.57 1,455.90 1,528.69 1,605.13 1,685.38
ANNUAL 36,050.82 37,853.36 39,746.03 41,733.33 43,820.00
MONTHLY 3,004.24 3,154.45 3,312.17 3,477.78 3,651.67
40/HR WEEK 17.33 18.20 19.11 20.06 21.07
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE : Start of pay period closest to 02/06/2001
RANGE DESCRIPTION STEP A STEP B
POLICE LIEUTENANT
P148 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
POLICE SERGEANT
P136 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
SENIOR POLICE OFFICER
P122 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
POLICE OFFICER
P121 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
POLICE RECRUIT
P119 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
ANIMAL CONTROL OFFICER
P094 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
SENIOR POLICE DISPATCHER
112 BI-WEEKLY
ANNUAL
MONTHLY
40/HR WEEK
STEP C STEP D STEP E
2,500.48 2,625.50 2,756.78 2,894.62
65,012.48 68,263.10 71,676.26 75,260.07
5,417.71 5,688.59 5,973.02 6,271.67
31.26 32.82 34.46 36.18
3,039.35
79,023.08
6,585.26
37.99
2,070.94 2,174.49 2,283.21 2,397.37 2,517.24
53,844.44 56,536.66 59,363.50 62,331.67 65,448.25
4,487.04 4,711.39 4,946.96 5,194.31 5,454.02
25.89 27.18 28.54 29.97 31.47
1,583.73 1,662.92 1,834.47 1,926.19
41,176.98 43,235.83 47,696.22 50,081.03
3,431.42 3,602.99 3,974.69 4,173.42
19.80 20.79 22.93 24.08
2,123.53
55,211.78
4,600.98
26.54
2,022.50
62,585.08
4,382.09
25.28
1,436.76 1,508.60 1,664.23 1,747.44 1,834.81
37,355.76 39,223.55 43,269.98 45,433.48 47,705.15
3,112.98 3,268.63 3,605.83 3,786.12 3,975.43
17.96 18.86 20.80 21.84 22.94
1,154.53 1,212.26 1,272.87 1,336.51
30,017.78 31,518.67 33,094.60 34,749.33
2,501.48 2,626.56 2,757.88 2,895.78
14.43 15.15 15.91 16.71
1,403.34
36,486.80
3,040.57
17.54
1,428.17 1,499.58 1,574.56 1,653.29 1,735.95
37,132.42 38,989.04 40,938.49 42,985.42 46,134.69
3,094.37 3,249.09 3,411.54 3,582.12 3,761.22
17.85 18.74 19.68 20.67 21.70
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE : Start of pay period closest to 04/03/2001
RANGE DESCRIPTION STEP A STEP B STEP C STEP D STEP E
POLICE LIEUTENANT
P148 BIWEEKLY 2,575.49 2,704.26 2,839.48 2,981.45 3,130.52
ANNUAL 66,962.74 70,310.88 73,826.42 77,517.74 81,393.63
MONTHLY 5,580.23 5,859.24 6,152.20 6,459.81 6,782.80
40/HR WEEK 32.19 33.80 35.49 37.27 39.13
POLICE SERGEANT
P136 al -WEEKLY 2,133.07 2,239.72 2,351.71 2,469.30 2,592.76
ANNUAL 55,459.82 58,232.81 61,144.45 64,201.67 67,411.76
MONTHLY 4,621.65 4,852.73 5,095.37 5,350.14 5,617.65
40/HR WEEK 26.66 28.00 29.40 30.87 32.41
SENIOR POLICE OFFICER
P122 al -WEEKLY 2,166.00
ANNUAL 56,316.00
MONTHLY 4,693.00
40/HR WEEK 27.08
POLICE OFFICER
P121 BIWEEKLY 1,615.40 1,696.17 1,871.16 1,964.72 2,062.95
ANNUAL 42,000.40 44,100.42 48,650.16 51,082.67 53,636.80
MONTHLY 3,500.03 3,675.04 4,054.18 4,256.89 4,469.73
40/HR WEEK 20.19 21.20 23.39 24.56 25.79
POLICE RECRUIT
P119 BIWEEKLY 1,465.50 1,538.78 1,697.51 1,782.39 1,871.50
ANNUAL 38,103.00 40,008.15 44,135.26 46,342.02 48,659.12
MONTHLY 3,175.25 3,334.01 3,677.94 3,861.84 4,054.93
40/HR WEEK 18.32 19.23 21.22 22.28 23.39
ANIMAL CONTROL OFFICER
P094 al -WEEKLY 1,177.62 1,236.50 1,298.33 1,363.24 1,431.40
ANNUAL 30,618.12 32,149.03 33,756.48 35,444.30 37,216.52
MONTHLY 2,551.51 2,679.09 2,813.04 2,953.69 3,101.38
40/HR WEEK 14.72 15.46 16.23 17.04 17.89
SENIOR POLICE DISPATCHER
112 BI-WEEKLY 1,471.02 1,544.57 1,621.80 1,702.89 1,788.03
ANNUAL 38,246.52 40,158.85 42,166.79 44,275.13 46,488.88
MONTHLY 3,187.21 3,346.57 3,513.90 3,689.59 3,874.07
40/HR WEEK 18.39 19.31 20.27 21.29 22.35
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE : 10/30/2001
RANGE DESCRIPTION STEP A STEP B STEP C STEP D STEP E
POLICE LIEUTENANT
P148 BI-WEEKLY 2,652.75 2,785.39 2,924.66 3,070.89 3,224.43
ANNUAL 68,971.50 72,420.08 76,041.08 79,843.13 83,835.29
MONTHLY 5,747.63 6,035.01 6,336.76 6,653.59 6,986.27
40/HR WEEK 33.16 34.82 36.56 38.39 40.31
POLICE SERGEANT
P136 BIWEEKLY 2,197.06 2,306.91 2,422.26 2,543.37 2,670.54
ANNUAL 57,123.56 59,979.74 62,978.72 66,127.66 69,434.04
MONTHLY 4,760.30 4,998.31 5,248.23 5,510.64 5,786.17
40/HR WEEK 27.46 28.84 30.28 31.79 33.38
SENIOR POLICE OFFICER
P122 BIWEEKLY 2,230.98
ANNUAL 58,005.4$
MONTHLY 4,833.79
40/HR WEEK Y7.89
POLICE OFFICER
P121 BIWEEKLY 1,663.86 1,747.05 1,927.29 2,023.65 2,124.84
ANNUAL 43,260.36 45,423.38 50,109.54 52,615.02 55,245.77
MONTHLY 3,605.03 3,785.28 4,175.80 4,384.58 4,603.81
40/HR WEEK 20.80 21.84 24.09 25.30 26.56
POLICE RECRUIT
P119 BI-WEEKLY 1,509.47 1,584.94 1,748.44 1,835.86 1,927.66
ANNUAL 39,246.22 41,208.53 45,459.44 47,732.41 50,119.03
MONTHLY 3,270.52 3,434.04 3,768.29 3,977.70 4,176.59
40/HR WEEK 18.87 19.81 21.86 22.95 24.10
ANIMAL CONTROL OFFICER
P094 BIWEEKLY 1,212.95 1,273.60 1,337.28 1,404.14 1,474.35
ANNUAL 31,536.70 33,113.54 34,769.21 36,507.67 38,333.06
MONTHLY 2,628.06 2,759.46 2,897.43 3,042.31 3,194.42
40/HR WEEK 15.16 15.92 16.72 17.55 18.43
f lu= ``7 _ _ _ 7.7rr - - 1,515.16 1,590.91 1,67 ).45 i,753.98 1,841.6Z
._, M.1a = = !1454s1r 441 Z7 4IIa; : fr 4 =-.
MONTHLY 3,282.83 3,446.97 3,619.31 3,800.28 3,990.29
40MR WEEK 18.94 19.89 20.88 21.92 23.02
CITY OF NATIONAL CITY
SALARY SCHEDULE NCPOA
EFF DATE : 03/05/2002
RANGE DESCRIPTION STEP A STEP B STEP C STEP D STEP E
POLICE LIEUTENANT
P148 BI-WEEKLY 2,732.33 2,868.96 3,012.39 3,163.01 3,321.16
ANNUAL 71,040.58 74,592.61 78,322.24 82,238.35 86,350.27
MONTHLY 5,920.05 6,216.05 6,526.85 6,853.20 7,195.86
40/HR WEEK 34.15 35.86 37.65 39.54 41.51
POLICE SERGEANT
P136 BI-WEEKLY 2,262.97 2,376.12 2,494.92 2,619.67 2,750.65
ANNUAL 58,837.22 61,779.08 64,868.04 68,111.44 71,517.01
MONTHLY 4,903.10 5,148.26 5,405.67 5,675.95 5,959.75
40/HR WEEK 28.29 29.70 31.19 32.75 34.38
SENIOR POLICE OFFICER
P122 BI-WEEKLY 2,297.91
ANNUAL 59,745.66
MONTHLY 4,978.81
40/HR WEEK 28.72
POLICE OFFICER
P121 BI-WEEKLY 1,713.78 1,799.47 1,986.11 2,084.37 2,188.58
ANNUAL 44,558.28 46,786.19 51,612.86 54,193.50 56,903.18
MONTHLY 3,713.19 3,898.85 4,301.07 4,616.13 4,741.93
40/HR WEEK 21.42 22.49 24.81 26.05 27.36
POLICE RECRUIT
P119 BI-WEEKLY 1,554.75 1,632.49 1,800.89 1,890.93 1,985.48
ANNUAL 40,423.50 42,444.68 46,823.14 49,164.30 51,622.51
MONTHLY 3,368.63 3,537.06 3,901.93 4,097.02 4,301.88
40/HR WEEK 19.43 20.41 22.51 23.64 24.82
ANIMAL CONTROL OFFICER
P094 BI-WEEKLY 1,249.34 1,311.81 1,377.40 1,446.27 1,518.58
ANNUAL 32,482.84 34,106.98 35,812.33 37,602.95 39,483.10
MONTHLY 2,706.90 2,842.25 2,984.36 3,133.58 3,290.26
40/HR WEEK 15.62 16.40 17.22 18.08 18.98
SENIOR POLICE DISPATCHER
112 BI-WEEKLY 1,660.60 1,638.63 1,720.56 1,806.59 1,896.92
ANNUAL 40,575.60 42,604.38 44,734.60 46,971.33 49,319.90
MONTHLY 3,381.30 3,550.37 3,727.88 3,914.28 4,109.99
40/HR WEEK 19.51 20.48 21.51 22.58 23.71
ANTINLE 23
ASSOCIATION IISNTS
Sectie■ 1
The City recognizes the right of the Association to govern its internal affairs.
Section 2
Upon the receipt of a written request and authorization from an employee for deduction of Association dues
and other related lawful deductions, the City shall withhold such dues and deductions from the salary of the
employee and remit the withholdings to the Association in a timely manner. The City shall continue to
withhold such deductions unless the employee files a written statement with the City withdrawing
authorization for the continued withholding of the deductions.
Section 3
The Association shall have sole and exclusive use of specific bulletin board space, clearly marked and
identified as such, of roughly four feet by eight feet in dimension, located in the hallway area of the Police
Department. The Police Chief shall designate the authorized bulletin board space and said space shall be
the only space which is authorized for the posting of Association business. Material placed on the bulletin
board shall be at the discretion of the Association with the understanding that materials so posted shall only
be for legitimate communications with members. Said postings shall not be offensive to good taste,
defamatory or involve support or opposition to candidates for political office within the City government The
Police Chief or his designee shall have the right to remove any such materials upon prior notice to the
Association representative. The Association shall be responsible for maintaining the space provided in an
orderly condition and shall promptly remove outdated materials.
Section 4
The employee shall be allowed to designate a representative to assist said employee in:
1. Preparing and presenting grievances;
2. Preparing and processing material for Disciplinary Hearing;
Page 31
Article 23 - Assectatieu Aiukts
3. Preparing and presenting material for any legitimate Employer -Employee relations matter for
which representation is granted pursuant to existing law.
Section 5
Subject to the needs of the department and the approval of the Chief of Police, designated employee
representatives shall be allowed reasonable release time from regularly scheduled duties to present
grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee
requests said assistance and to meet with City management representatives relative to matters of Employer -
Employee relations.
Page 32
AITICLE 24
EMPLOYEE OIOOTS
Each individual employee shall have the following rights which he/she may exercise in accordance with the
National City Employer -Employee Relations Resolution and all applicable laws, ordinances, and rules and
regulations and this MOU:
1. The right to form, join and participate in the activities of employee organizations of his/her own
choosing for the purpose of representation on matters of his/her employee relations with the City, or
to refuse to join or participate in the activities of any employee organization.
2. The right to pay dues to such employees organization through regular payroll deduction.
3. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal on
the part of his/her department head for his membership or non -membership in any employee
organization or with respect to any lawful activity associated therewith which is within the scope of
representation.
4. The right to represent himself/herself individually in his/her employee relations with the City.
5. The right to review his/her personnel file by so requesting in writing to the appropriate City official.
6. The City shall maintain only one official employee personnel file and that file shall be in the custody
of the City Personnel Officer. That personnel file shall be the only official source or repository of
documents pertaining to the employee's performance, past and present, leave requests, disciplinary
records and commendations.
The employee's personnel file will not contain information relating to the employee's background
investigation, Civil Service Examination results pertaining to initial hiring or promotional
examinations, legal correspondence, workers' compensation records, aside from injury claims or any
ongoing or incomplete internal investigations or citizens complaints. These documents shall be
maintained in separate files by the Chief of Police or the Personnel Officer. A duplicate official
personnel file may be maintained by the Chief of Police for the convenience of the employee and as
an administrative aide. The employee's immediate supervisor may maintain files with information
that is kept for a maximum of 12 months during ongoing investigation or in preparation for an
employee performance appraisal report. However, at such
Page 33
Article 24 - Employee Bights
time as the investigation is complete or the performance appraisal has been completed, such
material shall then either be placed in the employee's official personnel file or destroyed. In no
event shall such material be maintained in any location other than the official file referred to above
nor shall materials be placed in the employee's official personnel file without his/her knowledge.
7. Whenever an employee desires to represent himself/herself in consulting with City management
during his/her regular hours of work, he/she shall first request from his/her department head
permission to take time off to do so. Said request shall be granted unless the needs of the City or
Department are such that the employees services cannot be spared during the particular time
requested. In such case the employee shall be permitted to re -schedule his/her appointment with
City management.
8. When imposing discipline, the Department Head or his designee shall specify the period of time,
from six (6) months to five (5) years that said discipline will remain in the affected employee's
personnel file. At the end of said period of time, the disciplinary action shall be removed from the
employee's file provided that no ensuing similar discipline has been imposed. Consistent with the
above provisions, all materials of this nature more than five (5) years old shall be removed from
employees' personnel files.
Page 34
ARTICLE 25
WORK WEEK/NAY
Section 1
All employees of the National City Police Department covered by this agreement who work four (4) ten (10)
hour days per work week, including two (2) 15 minute rest periods, one-half (1/2) hour lunch break and "roll
call" shall be scheduled for three (3) consecutive days off per work week.
Satin 2
All employees of the National City Police Department covered by this agreement who work five (5) eight (8)
hour days shall have two (2) consecutive days off per week. Said shift shall indude two (2) 15 minute rest
periods and "roll call" and one-half (1/2) hour off duty unpaid lunch break.
Section 3
If the rest periods are not utilized the time cannot be accumulated nor will additional compensation be
provided.
Page 35
MIME 26
P.O.S.T. TIMING
All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training
consistent with the needs of the Department.
Page 36
AITICLE 2i
EMPLSYEE GNIEYANCE PNCCEO®NE
Sadism 1 Purpose
The purpose and objectives of this Grievance Procedure of the City of National City are:
(A) To promote improved employer -employee relations by establishing grievance procedures on matters
within the scope of a Memorandum of Understanding between the City and a recognized employee
association for which appeal or hearing is not provided by other regulations.
(B) To assure fair and equitable treatment of all employees and promote harmonious relations among
employees, supervisors and management.
(C) To encourage the settlement of disagreements informally at the employee -supervisor level and
provide an orderly procedure to handle grievances throughout the several supervisory levels where
necessary.
(D) To provide that appeals shall be conducted as informally as possible.
(E) To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby
reducingthe number of grievances and future similar complaints.
This grievance procedure is applicable to all employees in positions within a bargaining unit represented by
an employee association. This procedure does not supersede the grievance or other appeal procedures in
the Civil Service Rules of the City.
Settle■ 2 lie■titicatiea St Participants
For the purpose of this grievance procedure, the following definitions shall apply:
(A) Association: The employee organization recognized by the City to represent employees in the
grievants bargaining unit.
(B) City: The City of National City.
(C) City Manager: The City Manager or his designee.
(D) Department: A major organizational unit of the City.
Page 37
Article 27 - Balms grievance Procedure
(E) Department Head or Head of a Department: The chief executive officer of a department
(F) Employee or City Employee: A member of a bargaining unit either at the time of initiation of the
grievance of within seven (7) calendar days prior to initiation of the grievance.
(G) Employee Representative: An individual who appears on behalf of the employee.
(H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its
membership as a whole, arising out of the application or interpretation of existing provisions of an
MOU.
(I) Immediate Supervisor. The individual who normally assigns, reviews or directs the work of an
employee.
(J) Management: (1) Any employee having significant responsibilities for formulating and
administering City policies and programs, including but not limited to the chief executive officer and
department heads; (2), Any employee having authority to exercise independent judgment to hire,
transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees,
or having the responsibility to direct them or to adjust their grievances, or effectively to recommend
such action if in connection with the foregoing the exercise of such authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
(K) Memorandum of Understanding (MOUE: A written agreement between an employee
organization and the City which is a result of the meet and confer process.
(L) Personnel Officer. The Personnel Officer or his designee.
(M) Second Level Supervisor. The individual to whom an immediate supervisor normally reports.
Section 3 Scene If Grievance Procedure
(A) To be reviewable under this procedure, a grievance must:
1. Concern matters or incidents that have occurred.
2. Results from an act or omission by management which is alleged to be a violation of a
specific provision of a current Memorandum of Understanding.
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Article 27 - Employes Criennce Precedire
(B)
3. Arise out of a specific situation, act or acts complained of as being unfair which result in
specified inequity or damage to the employee(s).
A grievance is not reviewable under this procedure if either it is a matter which would require the
modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not
reviewable under this procedure if it is reviewable under some other administrative or Civil Service
procedure such as:
1. Applications for changes in title, job classification or salary;
2. Appeals from formal disciplinary proceedings;
3. Appeals arising out of Civil Service examinations;
4. Appeals from work performance evaluations.
(C) A complaint may not be considered under this procedure if a grievance has been filed on the same
matter under the Civil Service Grievance Procedure (Rule IX).
Section 4 Special Previsions Sf Tie Criminate Procedure
(A) Procedure for Presentation: In presenting a grievance the employee shall follow the sequence
and the procedure outlined in Section 5 of this Procedure.
(B) Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor
promptly after the act or omission of management causing the grievance.
(C) Submittal of Grievance: The written grievance shall be submitted on a form prescribed by the
Personnel Officer for this purpose. At each level, the form must be completed fully, signed by the
grievant and hand delivered or sent by U.S. mail to the designated reviewer's office with a copy being
sent to the Personnel Office, also within the specified time limits.
(D) Statement of Grievance: The grievance must contain a statement of:
1. The specific situation, act or acts complained of as being unfair,
2. The specific provision(s) of the MOU which has been violated;
Page 39
Article 27 - [vrpleyee Grievance Procedure
3. The inequity or damage suffered by the employee;
4. The relief sought;
5. The representative of the grievant (if applicable).
(E) Employee Representative: The employee may choose someone to provide representation at any
step in the procedure. No person hearing a grievance need recognize more than one representative
for any employee at any one time.
(F) Handled During Working Hours: Whenever possible, grievance hearings and meetings with
reviewers will be conducted during the regularly scheduled working hours of the parties involved.
(G) Extension of lime: The time limit within which action must be taken or a decision made as
specified in this procedure may be extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed by both parties involved at the
step to be extended.
(H) Consolidation of Grievances: If the grievance involves a group of employees or if a number of
employees file separate grievances on the same matter, the grievances may be handled by
management as a single grievance.
(I) Settlement: A grievance shall be considered settled and not subject to further consideration or re -
filing if anyof the following conditions exist:
1. The grievant indicates in writing that the grievance is withdrawn.
2. The specific remedy requested on the grievance form is granted.
3. The grievant does not submit the grievance to the next higher level of review with the normal
time limits or extended time limits obtained in writing by mutual agreement.
(1) Rejection: A grievance may be rejected for consideration at any time during the grievance review
process for any of the following reasons:
1. The grievant does not meet the definition of "employee" indicated in Section 2.
2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3.
Page 40
Article 27 - Deelevee Menem Procedure
3. The grievant does not comply with any of the requirements of Sections 4 or 5.
(K) Representation: The grievant may elect to be represented by the Association or any other person
or to represent himself/herself. If the grievant elects to not be represented by the Association, the
Association shall be given a copy of the grievance and its resolution.
(L) Deletion of Step(s): By mutual written consent of the department head and the grievant, any one
or more of the first three (3) steps of the procedure may be omitted in consideration of a specific
grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of
the grievance.
(M) Reprisals: The grievance procedure is considered an integral part of the employee -employer
relation policy of the City. As such, it is intended to assure a grievant and his/her representative the
right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her
supervisor or other agents of the City provided he/she observes the provisions of the grievance
procedure.
Seethe 5 MIMICS lrecelere Steles
The following procedure shall be followed by an employee submitting a grievance:
STEP I Immediate Supervisor. The employee shall discuss the grievance with the immediate
supervisor within 20 calendar days of the alleged act or omission of management causing
the grievance. Within seven (7) calendar days the supervisor shall give a decision to the
employee verbally.
STEP II Second -Level Supervisor: If the employee and supervisor cannot reach an agreement as
to a solution of the grievance or the employee has not received a decision within the time
limit above, the employee may within seven (7) calendar days present the grievance in
writing to his/her supervisor who shall endorse his/her comments thereon and present it to
his/her second level supervisor within seven (7) calendar days. The second -level supervisor
shall hear the grievance and give a written decision to the employee within fourteen (14)
calendar days after receiving the grievance.
STEP Ill Department Head: If the employee and second level supervisor cannot reach an
agreement as to a solution of the grievance or the employee has not received a written
decision within the time limit, the employee may within seven (7) calendar days present the
grievance in writing to the department head. The department head shall hear the grievance
and give a written decision to the employee within fourteen (14) calendar days.
Page 41
Article 27 - Employee Grievance Procedure
STEP IV Hearin
(a) Grievance to Personnel Officer. If the grievant and the department head cannot
reach an agreement as to a solution of the grievance or the employee has not receive a
written decision within the time limit, the grievant may within fourteen (14) calendar
days present the grievance in writing to the Personnel Officer.
(b) Selection of Board Members: Within seven (7) calendar days of receiving the
grievance at this level, the Personnel Officer shall meet with the grievant and/or the
grievant's representative to select two members of a grievance hearing board. The
grievant and/or representative shall select one member, the Personnel Officer shall
select another member.
The two board members shall select a third member to serve as Chairperson. The board
members may be any persons who are not directly involved in the incidents of the grievance or
in the line of supervision over the grievant either at the time of the hearing or at the time the
incidents referred to in the grievance occurred. Any person nominated to be the chairperson
shall be subjectto disqualification and the action of the Board canceled if it can be shown that
he/she had direct interest in the resolution of the grievance.
(c) Hearing Procedures:
1. The board members shall be given prior access to the grievance form, all written
responses and all supportive material attached thereto.
2. The board shall provide written announcement of the location, date and time of
the hearing to each side.
3. The hearing may be public or private as requested by the grievant
4. The manager who is the subject of the grievance shall be represented by the
Personnel Officer or other person designated by him/her.
5. Each side shall have the opportunity to present written and oral evidence.
Witnesses shall be under oath.
6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall
not apply.
Page 42
Article 27 - Eulevee grievance Procedure
7. Each side shall receive a copy of the written evidence and have the opportunity to
question the witnesses of the other side.
8. There shall be no shorthand or mechanical recording of the hearing.
9. The board members, if City employees, are entitled to carry out all activities
connected with the hearing, including preparation for the hearing and preparation
of report on Cityworktime.
10. Consistent with the above requirements, the board may establish such additional
procedures as it deems necessary to carry out its responsibilities.
(d) Board Report:
1. The board shall submit a written report of its findings to the City Manager with
copies to the grievant, the appropriate department head and the Personnel
Officer.
2. The report shall contain only the following:
(a) Recommendation on each specific remedy requested on the grievance
form.
(b) Findings of fact about the alleged violation(s) by management.
(c) The date, time and location of the hearing, the names of witnesses and a
copy of all pertinent documents.
3. The board may recommend that no remedy be granted, that the remedy sought be
granted or that an alternate remedy be granted. In order to grant some remedy to
the grievant, it must be shown to the satisfaction of the board that such remedy is
justified by a preponderance of evidence is consistent with the relevant MOU and
the grievant met the requirements of the grievance procedure.
4. There shall be only one report from the board.
5. The discussions of the board members are confidential. All copies of materials
and working papers of the board members shall be maintained by the
Chairperson of the Board for 90 days after the decision of the City Manager is
disseminated and then destroyed as soon as practical thereafter.
Page 43
Article 27 - E■gllW oo Grievance Procedure
6. Necessary clerical support for the board shall be made available by the Office of
the City Manager.
(e) City Manager's Response: The City Manager shall provide written response to both
parties and the members of the board on the resolution of the grievance. If the City
Manager disagrees with any recommendation of the Board, his written response shall
indicate strong and compelling reason(s) for that disagreement Basis for disagreement
may be any one or more of the following:
1. The Board substantially deviated from the hearing procedures.
2. The recommendation is in excess of the remedy sought on the initial grievance
submittal.
3. The recommendation is inconsistent with the MOU.
4. The recommendation is inconsistent with the facts as stated in the grievance form
and/or the written information provided by the Board.
The decision of the City Manager shall be final and not subject to further appeal except
for such appeals to the Courts and State or Federal compliance agencies as provided by
law.
Section 6 Interpretation And Application
The Personnel Officer is responsible for the interpretation and application of this grievance procedure. In the
event of disagreement with the Personnel Officer's actions or interpretations, the final authority will be the City
Manager. The City Manager's determinations on the application and interpretation of the grievance procedure
are final and not subject to further appeal or grievance.
Page 44
ANTICLE 28
CIINTINUATISN SF WALES, NOUNS All WONIIINC CSNNITISNS
The provisions of this Memorandum of Understanding shall not be revised to adversely affect the employees
covered by this Memorandum of Understanding during the term of this Memorandum of Understanding.
Any written policies and procedures or past practices regarding wages hours and working conditions subject
to meeting and conferring which are currently in existence and not changed by this MOU, shall not be revised
to adversely affect the employees covered by this MOU during the term of the MOU without prior meeting and
conferring in good faith with the Association.
Page 45
ARTICLE 29
AGREEMENT, MORIFICATI®N, WAIVER
(A) No agreement, alteration, understanding, variation, waiver or modification of any of the terms or
provisions contained herein shall in any manner be binding upon the parties hereto unless made and
executed in writing and affixed hereto by all parties and approved bythe City Council.
(B) The waiver of any breach, term or condition of this memorandum by either party shall not constitute a
precedent in the future enforcements of all of its terms and provisions.
Page 46
ARTICLE 30
OBLIGATION TO SIPPOBT
The parties agree that subsequent to the execution of this Memorandum and during the period of time said
Memorandum is pending before the City Council for action, neither the employee organization nor
management, nor their authorized representatives, will appear before the City Council or meet individually or
privately with said members of the City Council, to advocate any amendment, deletion or addition to the
terms and conditions of this Memorandum. It is further understood that this article shall not preclude the
parties from appearing before the City Council to advocate or urge the adoption and approval of this
Memorandum in its entirety.
Page 47
ANIICLE31
PNSYISIONS OF LAW
This MOU is subject to all future and current applicable federal, or state and local laws and regulations.
If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or
regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such
part or provision shall be suspended and superseded by such applicable law or regulations, and the
remainder of the MOU shall not be affected, and the Employees' Association and/or the City shall have the
right to meet and confer within 30 days concerning said section. This MOU shall supersede all City rules or
ordinances which are in conflict with this MOU.
Page 48
ARTICLE 32
TERM IF PROVISIONS
This is the entire agreement and it shall be effective July 1, 1999 through June 30, 2002 superseding all
conflicting provisions of the previous MOU and past practices. All other provisions of the previous MOU will
remain in effect until the Council acts to adopt a successor agreement or resolve an impasse.
Page 49
ANTICLE 33
EMPLSYEE ASSISTANCE PASSIM
The City shall provide an Employee Assistance Program available to all employees in the bargaining unit. A
program description shall be developed by the City with the input of the Association and a request for
proposals will be circulated. Final selection of the contractor to provide this service shall be made by the City
with the input of the Association. Consistent with contract processing requirements of the City, the City shall
make every good faith effort to ensure implementation of this program within 90 days of the circulation of the
Request for Proposals.
Page 50
ASTICLE 34
SSE SF CITY VESICLES
Section 1
Under normal circumstances, employees with the following assignments shall be allowed to drive an
assigned City vehicle between their residence and their work station:
(A) Motorcycle Officers
(B) Officers assigned to the canine program
(C) The Detective Lieutenant
(D) The Detective Sergeant assigned to Crimes Against Person
(E) The Detective whose primary assignment is to Homicide Investigation
(F) Crimes of Violence Investigator
(G) Crimes of Property Investigator
(H) Other employees on a temporary basis when it is determined by the Chief to best meet the
interests of the department
Page 51
ANTICLE 35
DEFINITIONS
Unless the particular provision or the context otherwise requires the definitions
and provisions contained in this article shall govern the construction, meaning and
applications of words and phrases used in this Memorandum of Understanding.
ADVANCEMENT - Shall mean a salary Increase within range of compensation
provided for each position, which Is conditioned upon a given minimum term of
meritorious service in the same position and which is made without examination.
ANNIVERSARY DATE - Shall mean the date that the employee completes twelve
(12) calendar months of service. Under normal circumstances, when an employee
receives a promotion to a new classification, the promotion date will become the
new anniversary date for the employee.
APPOINTING AUTHORITY - Shall mean the City Council, the City Manager and any
other person or body to whom the power to appoint personnel to positions in the
Classified Services may be delegated.
ASSOCIATION - Shall mean the National City Police Officers' Association.
CALENDAR YEAR - Shall mean a twelve (12) month period beginning January 1 and
ending December 31.
CLASS - Shall mean a position or group of positions suffidently similar in respect
to duties and responsibilities that the same title may reasonably and fairly be used
to designate each position allocated to the class, that the same minimum
qualifications may be required, and the same salary range may be made to
apply with equity.
CLASSIFIED SERVICE - Shall mean all positions In the competitive service of the
City of National City which are subject to the provisions of the Civil Service
Ordinance No. 1076 creating the Civil Services System and the Rules of the _ Civil
Service Commission.
COMPENSATION - Shall mean any salary, wage, fee, allowance or other
emolument paid to an employee for performing the duties and exercising the
responsibilities of a position.
Page 52
Article 35 - Aefi■itiees
COMPENSATION PLAN - Shall mean the official schedule of pay approved by the
City Council assigning one or more rates of pay to each class title.
COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary
payment for overtime worked.
CONTINOUS SERVICE - Shall mean employment in the City service uninterrupted
by separation and applies to the time a person has been employed on a permanent
basis or to the continuation of employment from temporary to a permanent
appointment, without any break in service.
DEMOTION - Shall mean the appointment of an employee holding position in one
lass to a position in another class having lower maximum salary rate; movement to
a lower step within the same class; or for employees covered by the State
Government Code Section 3300-311(Police Officers' Bill of Rights), loss of special
assignment pay.
DEPARTMENT - Shall mean the Police Department.
DEPARTMENT HEAD - Shall mean the Chief of Police or his designee
EMPLOYEE - Shall mean a person who is legally an Incumbent of position in the
Classified Service or who is on authorized leave of absence from such a position
with the right to return to his position.
FISCAL YEAR - Shall mean a twelve (12) month period beginning July 1 and ending
June 30.
IMMEDIATE FAMILY - For the purpose of family care shall mean any person living
in the same household as the employee who is related by blood, marriage or
adoption. For purposes of memorial observance shall mean parents or
siblings of the employee, children of employee not living in the same household
and the parents and children of the employee's spouse.
INTERIM APPOINTMENT - Shall mean a short term appointment made from an
eligible list.
Page 53
Article 35 - lefieitisus
LAY-OFF - Shall mean the involuntary, non -disciplinary separation of an employee
from a position resulting from lack of work, lack of funds or abolishment of a
position.
LEAVE - Shall mean an approved type of absence from work as provided for by
these Rules.
PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a
permanent position. A permanent employee may be serving a probationary period.
PERMANENT POSITION - Shall mean a specific office or classification, whether
occupied or vacant, carrying responsibilities and calling for the performance of
certain duties by one individual. This position shall be included in the Classified
Service and may be either on a part-time or full-time basis.
PERMANENT STATUS - Shall mean the satisfactory completion of one (i) year of
probationary service and continuing permanent appointment.
PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by
the City Manager to act as Secretary to the Civil Service Commission, to administer
the activities of the Personnel Department and to exercise general supervision over
the employment policy of the City subject to the direction of the Commission.
POSITION - Shall mean any specific office or classification, whether occupied or
vacant, carrying certain responsibilities and calling for the performance of certain
duties by one individual, either on a full-time basis or part-time basis.
PROBATIONARY PERIOD - Shall mean the working test period during which an
employee Is required to demonstrate his fitness by the actual performance of the
duties and responsibilities of his position and during which time he may be
terminated without right of appeal to the Civil Service Commission.
PROBATIONARY STATUS - Shall mean service In a permanent position prior to
completion of the prescribed period of probationary service.
PROBATIONER - Shall be an employee In the Classified Service who is serving a
probationary period.
Page 54
Article 35 - Definitions
PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a
person who possesses the minimum qualifications established for a particular
class and who has been appointed to a position In the class in the absence of
available eligibles; any non -permanent appointment, other than seasonal, part-time
or emergency appointment, which Is not made from a re-employment list or an
eligible list.
SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates
having a percentage relationship to one another, assigned to a class of positions as
the compensation for the class.
SALARY RATE - Shall mean a specific dollar amount, expressed as either an
annual rate, a monthly rate, a semi-monthly rate, a biweekly rate or an hourly rate,
as shown in the Compensation Plan of the City.
SALARY STEP - Shall mean the location of a salary rate within a salary range, as
identified by a letter of the alphabet.
SENIORITY - Shall mean the number of months of continuous service in the Police
Department in a permanent position.
TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a
non -permanent nature on a provisional basis.
Page 55
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 28, 1999
3
AGENDA ITEM NO.
(-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
PROJECT DESIGN CONSULTANTS TO PROVIDE "AS NEEDED" CONSTRUCTION AND LAND
SURVEYING SERVICES FOR CITY'S CAPITAL IMPROVEMENT PROJECTS FOR FY 99-00
PREPARED BY MICHAEL J. LONG
DEPARTMENT
ENGINEERING
EXPLANATION
Statements of Qualifications for performing "as -needed" surveying were
requested on June 30, 1999. We received statements from seven very
qualified firms. We short-listed to five firms based on evaluation of
written statements. The five short-listed firms were interviewed and
ranked based on their presentation and answers to prepared questions asked
of all five firms. Our selection committee has chosen to recommend Project
Design Consultants to perform the as -needed" services. The length of the
contract will be one year. The contract includes a renewal option.
Environmental Review X N/A
Financial Statement
Funding source will var depending on specific C.I.P.
,,F4
STAFF RECOMMENDATIO
Ace jLint No.
Adopt the resolution authorizing the Mayor to sign the agreement between
the City and Project Design Consultor ts.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Agreement
Resolution No. 99-163
r
A-200 (9/80)
RESOLUTION NO. 99- 163
RESOLUTION OF 1'.HE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH
PROJECT DESIGN CONSULTANTS TO PROVIDE "AS NEEDED"
CONSTRUCTION AND LAND SURVEYING SERVICES FOR THE
CITY'S CAPITAL IMPROVEMENT PROJECTS FOR FY 99-00
WHEREAS, the City of National City desires to employ a contractor to provide
"as needed" construction and land surveying services for the City's capital improvement projects
and various other land surveying needs for FY 99-00; and
WHEREAS, the City has determined that Project Design Consultants is qualified
by experience and ability to perform the services desired by the City, and is willing to perform
such services; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Project Design
Consultants to provide "as needed" construction and land surveying services for the City's
capital improvement projects for FY 99-00. Said agreement is on file in the office of the City
Clerk.
PASSED and ADOPTED this 281' day of September, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PROJECT DESIGN CONSULTANTS
Gs
de•
THIS AGREEMENT is entered into this 28th day of September, 1999 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project
Design Consultants(the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide "as -
needed" Construction and Land Surveying Services for the City's Capital Improvement
Projects and various other land surveying needs.
WHEREAS, the CITY has determined that the CONTRACTOR is qualified by
experience and ability to perform the services desired by the CITY, and the CONTRACTOR is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A". The CITY will request a variety of project dependent
services using the form attached herein as Exhibit "C". All pertinent information will be
included in the request for services. The CONTRACTOR shall provide the costs for the
specific services requested using the form attached herein as Exhibit "D". The costs given in
Exhibit "D" shall be based on the unit costs listed in Exhibit "B".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 10% from
the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen M. Kirkpatrick, Principal Civil Engineer hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR. Rex
Plummer, PLS Associate thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work requested in Exhibit "C" shall not exceed the project specific
schedule given in Exhibit "D" without prior written authorization from the City Engineer.
Monthly invoices will be processed for payment and remitted within thirty (30) days from
receipt of invoice, provided that work is accomplished consistent with Exhibit "C" as
determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of fmal payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. The terms of this agreement shall be in
force for a period of (1) one-year.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under
this agreement, except upon the CITY's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
Page 2
Revised 5/99
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability
under Section 14 but only with respect to the effect of the modification or reuse by the CITY,
or for any liability to the CITY should the documents be used by the CITY for some project
other than what was expressly agreed upon within the Scope of this project, unless otherwise
mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all State and
Federal statutes and regulations, and all ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and its
Page 3
Revised 5/99
subcontractors, shall obtain and maintain a current City of National City business license prior
to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
C. - The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONTRACTOR
Page 4
Revised 5/99
agrees to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees and volunteers, against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of
the CONTRACTOR's willful misconduct or negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from
and against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attorney's fees and costs presented, brought or recovered
against the CITY or its officers, employees, or volunteers, for or on account of any liability
Page 5
Revised 5/99
under any of said acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain throughout the term of this agreement, the following insurance policies:
A. Professional liability insurance with minimum limits of $2,000,000 per
claim and aggregate per year.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate per year, covering
all bodily injury and property damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
volunteers.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by fmal
Page 6
Revised 5/99
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of
attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally by
the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if
Page 7
Revised 5/99
T
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Burton S. Myers
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950
Mr. Rex Plummer, PLS Associate
Project Design Consultants
701 "B" Street, Suite 800
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
Page 8
Revised 5/99
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as deemed in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any fmancial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. The Exhibits and Schedules are
as follows:
Exhibit "A" = Scope of Services
Exhibit "B" = Schedule of Fees
Exhibit "C" = City's Survey Request Form
Exhibit "D" = Contractor's Project Specific Task and Fee Schedule
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
Page 9
Revised 5/99
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
George H. Waters, Mayor (Name)
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Page 10
CONTRACTOR
By: .1e—N,C4.0\44414)
Vfe;ki Qt;IttrZetki
(Title)
Revised 5/99
EXHIBIT "A"
SCOPE OF SERVICES
1. Services shall consist of providing construction and land surveying services
during design and construction phases of the City's capital improvement
projects. Service may include but not limited to the following:
- Boundary Survey
Topographic Survey
Site Planning Survey
Subdivision Survey
- Control Survey
- Construction Survey
Court Exhibit Survey
Fee shall include all necessary resources including labor, equipment,
material, and transportation required to provide these services.
2. Projects may vary in scope and magnitude. The City is not obligated to
contract all the surveying services to the retained consultant.
3. Request for services will be made with a minimum notice of (24) twenty four
hours by the City. This notice will cover all the necessary office work
required to be performed prior to field work. Firms should be capable of
providing requested services within twenty-four (24) hours after receipt of
request. City may cancel a request for service at least two hours prior to the
selected time without being subject to any changes.
4. Surveying work shall be accomplished according to the Project Drawings and
Specifications, which may include San Diego Area Regional Standard
Drawings, Standard Specifications for Public Works Construction, and
Caltrans Standard Specifications and Drawings, etc. governing a particular
project, and in accordance with Subdivision Map Act, Land Surveyors Act,
and all other codes and practices applicable to the profession of surveying.
5. All reports and pertinent data obtained under the agreement between the
City and the Consultant shall be the property of the City and may not be used
or reproduced in any form without the explicit written permission of the
City. Survey cut sheets should be available in the field at the time of
Page 1 of 2
providing the service. In any case, survey cut sheets shall be available no
later than the next working day.
6. The Consultant shall certify a properly executed affidavit that they will not
perform any work for the City that could lead to a conflict of interest.
The Consultant shall notify the City of any possible conflicts of interest prior
to performing work requested by the City. A conflict of interest may include,
but is not limited to having a financial interest in any projects where services
are requested, or consulting or performing work for the developers,
investors, engineers, contractors, or materials suppliers of projects where
services are requested.
The City has the option to rescind and void the contract in the event that the
selected firm fails to properly notify the City of a possible conflict of interest.
7. The surveying services shall be provided efficiently and in timely fashion. All
surveying services shall be performed on the basis of a standard schedule of
fees that shall be valid for the life of the contract.
8. Payment will be made base upon itemized billing submitted in accordance
with this agreement and after submittal of acceptable formal reports or cur
sheets. Billing should be submitted with and make reference to each report
or cut sheet, itemized as to unit cost and total billed.
Project name, specification number, date of surveying, and the name of the
person that requested the service shall be identified on each bill. Bills that
are not complete as required in this section shall be returned unpaid.
9. Should either party fail to uphold the contract in any part and the situation
not be resolved by negotiation, the contract may be voided by written action
of either party.
Page 2 of 2
EXHIBIT "B"
SCHEDULE OF FEES
LABOR RATES/FEE SCHEDULE EFFECTIVE JULY 1, 1999*
Classification
Principal -in -Charge
Project Manager
Associate Surveyor
Associate Engineer
Project Surveyor
Survey/Mapping Technician
Clerical Support Staff
Two -Man Survey Crew
Two -Man Survey Crew with GPS Equipment
Team Member
Arnold L. White, PE/PLS
Rex S. Plummer, PLS
Scott Hurst, PLS
Steve Thomas, PE
D. Scott Peters, PLS
Gary L. Hus, PLS
Hourly Rate
$125
$105
$ 90
$ 90
$ 85
$ 75
$ 42
$120
$150
Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel
and mileage, delivery services, long-distance telephone charges, computerized plotting, special
graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be
billed to Client at cost plus 10%, unless otherwise specified.
RATIO OF CHARGEABLE OFFICE HOURS TO FIELD HOURS
The ratio of office hours to field hours can vary significantly from one project assignment to
another. Following is an estimate of office to field hours ratio for various types of project
assignments.
Type of Survey
Boundary Survey
Topographic Survey
Topographic Survey with Map
Subdivision Survey
Control Survey
Construction Survey
Court Exhibits
Office Hours Per
2.0
1.0
1.5
6.0
1.5
2.0
2.0
MINIMUM CHARGEABLE FIELDWORK HOURS
Minimum hours chargeable for fieldwork are four hours per day.
Field Hours
1.0
8.0
1.0
1.0
8.0
8.0
1.0
* Rates are subject to renegotiation annually. The proposal is a firm offer which will remain in
effect for 60 days. In addition, all services will be performed on the basis of the standard
schedule of fees listed here and will be valid for the life of the contract (one year).
Page 1 of 1
TV-
•
EXHIBIT "C"
o: •%:'::"t ' ,:Sm::I;:ik<>:,;:2 +.::i°p`E: > A
rstt
may:
DATE:
Rex Plummer, PLS, Associate
Project Design Consultants
701 "B" Street, Suite 800
San Diego, CA 92101
Phone No: 619/881-3246
Fax No: 619/234-0349
REQUEST NO.
PROJECT TITLE:
SPECIFICATION NO.
PURPOSE OF THE SURVEYING:
PLEASE PROVIDE THE FOLLOWING INFORMATION (SPECIFY LIMIT AND
DETAIL OF SURVEYING):
REQUES I'ED BY:
APPROVED BY:
City Engineer or
Principal Civil Engineer
DALE,:
DATE:
Faxed On
EXHIBIT "D"
TASK ORDER - (#)
SURVEYING SERVICES for
(PROJECT NAME)
(NATIONAL CITY SPECIFICATION NUMBER)
(Description of project)
PHASE I.
TASK A. (Description of task and deliverable)
NOT -TO -EXCEED FEE $00,000
TASK B. (Description of task and deliverable)
NOT -TO -EXCEED FEE $00,000
REIMBURSABLES* (OTHER COSTS)
REIMBURSABLES NOT -TO -EXCEED $ 0,000
PHASE 1 TOTAL NOT -TO -EXCEED FEE $00,000
PHASE II
TASK A. (Description of task and deliverable)
NOT -TO -EXCEED FEE
TASK B. (Description of task and deliverable)
NOT -TO -EXCEED FEE
REIMBURSABLE* (OTHER COSTS)
$00,000
$00,000
REIMBURSABLES NOT -TO -EXCEED $ 0,000
PHASE II TOTAL NOT -TO EXCEED $00,000
TOTAL PROJECT NOT -TO -EXCEED $00,000
PAGE 1 OF 2
*Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and
mileage, delivery services, long-distance telephone charges, computerized plotting, special graphic
supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to
Client at cost plus 10%.
SCHEDULE (Schedule for Phase I and Phase II deliverables; if applicable)
CLARIFICATIONS/EXCLUSIONS
1.
PREPARED BY:
CONTRACTORS REPRESENTATIVE
APPROVED BY:
EXHBTD
CITY ENGINEER OR
PRINCIPAL CIVIL ENGINEER
PAGE 2 OF 2
DATE:
DATE:
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 09/28/99 AGENDA ITEM NO.
1. ITEM TITLE WARRANT REGISTER #12
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION -
Ratification of Warrant Register #12
per government section code 37208.
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECO ENDATION
I recommend ratification of these warrants for a total of $204,434.25
BOARD/COMMISSION RECOMMENDATIOZ9- /47)4
TT. CHMENTS (Listed Below)
1. Warrant Register #12
2. Workers' Comp Warrant Register dated 09/15/99
Resolution No
A-200 (Rev. 9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 5. 1999 AGENDA ITEM NO
5
ITEM TITLE STREET TREE COMMITTEE MINUTES
PREPARED BY JIM RUIZ / Ji( 0X DEPARTMENT PARRS & RECREATION
EXPLANATION.
REQUESTS FOR TREE REMOVALS
640 "J" Avenue
Requested removal of Magnolia trees because they are lifting the sidewalk.
Committee recommends removal and replacements.
3333 E. 7th
Requested removal of dead tree; owner want no replacement.
Committee recommends removal with no replacement due to narrow parkway; however
committee recommends owner purchase tree and have it planted either in the front
yard or in one of the parks.
Environmental Review x N/A
Financial Statement
Replacment funds in the amount of $102 available in 105-442-000-331
Account No.
STAFF RECOMMENDATION
Approve minutes
BOARD/COMMISSION RECOMMENDATION
approve minutes
ATTACHMENTS (Listed Below) Resolution No.
Street tree minutes.
A-Z00 (Rev. 9/80)
City of National City
Parks & Recreation Department
140 East Twelfth Street, Suite A, National City, CA 91950-3312
(619) 336-4290
MINUTES OF THE STREET TREE COMMITTEE MEETING OF SEPTEMBER 16, 1999
Called to order at 2 pm.
Present: Cesena, Morales, Keen, Schwitkis, and Staff member Miguel Diaz
Approved minutes of last meeting.
Removal Requests:
Louie Sherman
640 "J" Avenue
Requested removal of Magnolia trees because they are lifting sidewalk.
Committee recommends removal and replacements.
Ruth Feldman
3333 E. 7th
Requested removal of dead tree, she wants no replacement.
Committee recommends removal with no replacement due to narrow parkway.
However, committee recommends tree be purchased and planted either in
the front yard or have it planted in one of the parks.
® Recycled Paper
-
City of National City, California
COUNCIL AGENDA STATEMENT
September 28, 1999
MEETING DATE
AGENDA ITEM NO.
6
(ITEM TITLE TEMPORARY USE PERMIT — LA MESA R.V.
PARKING LOT SALE AND SHOW
PREPARED BY
EPARTMENT
EXPLANATION Kathleen Trees, Acting director Building and Safety
This is a request from La Mesa R.V. to conduct a three day recreational vehicle sale on parking lot 2 at
the Plaza Bonita Shopping Center, from October 1 through October 3, 1999. The hours of the sale are
10:00 a.m. to 7:00 p.m. Any sales tax collected as a result of this sale is allocated to National City.
J
Environmental Review N/A
Financial Statement
The City has incurred $115.00 in costs in processing the T.U.P. application through various City
departments. N/A
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application For A Temporary Use Permit with recommended approvals and/or stipulations.
A-200 (9/80)
c/A200-2.DOC
001-3585-13000
CITY OF NATIONAL CITY
BUILDING & SAFETY
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
APPLICATION FOR A TEMPORARY USE PERMIT
APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL
CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW.
Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective
management of specific list of temporary land uses have exceptional characteristics requiring their review and
limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section
15.60.045.
Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the
commencement of the activity/event.
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.
PLEASE COMPLETE (Print or Type):
SPONSORING ORGANIZATION(s): n� Lit �` 1 t'eSik- yam, -% l- '( `' "r
ORGANIZATION ADDRESS: A ( -) - CAT iceti Pal/ iL i t
i i; ' i l I ] PHONE: TA )Si-1-" CM
City -i - - State
LOCATION OF EVENT: 1 � la- -'t 11L 1
DATE(S) REQUESTED FOR EVENT: FROM 1 i C
1� ��' TO Cii-1 ;; 1619
HOURS OF USE ON DAY OF EVENT: FROM L ' D AM ,P.M. TO -1 . lam) 1DrA A.M. P.M
(BEGIN SETUP) DATE L\A TIME .1P.M. - (END SETUP) DATE "i 51) TIME1 •Q1L A.M
(BEGIN TEARDOWN) DATEI GI 4 TIME ] 6 .M. /P.M.— ( END TEARDOWN) DATE 101 k TIME ] • A /P.M
1 L'�! l w fir' i F26
BRIEF DESCRIPTION OF EVENT: 12- �1�
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(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:
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HOW MAY THIS PERSON BE CONTACTED? '74 ) I �` 6
CYDO
SPECIFIC USE REQUEST:
Zip
JUSTIFICATION:
REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NQp — WILL FOOD/ DRINK BE SOLD: YES[ ] NO[Y
(Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event
requiring a T.U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings
in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.)
WILL TENTS OR CANOPIES BE USED?: YES [ I NO [ ] (If "YES,", permit maybe required from Fire Department)
WAIVER OF FEES REQUESTED: YES [ ] NO [ (If °YES,"complete attached supplemental questionnaire form)
FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING:
NOISE, CROWD, TRAFFIC CONTROL:
SECURITY CONTROL'
PARKING/BARRICADES:
EXTERIOR LIGHTING/ELECTRICAL:
TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT:
SANITARY FACILITIES:
r
PLEASE COMPLETE (Print or Type)
NAME OF APPLICANT: VIA. 9 1 3 &. V V Cje ()( h -:� :C`
ADDRESS: --11 "M 30 ? \CC4 �..m✓OX r Pitt'�, , r -"e1? `-ttt PHONE: 1�iLk--"%b66
SIGNATURE OF APPLICAN { ! t�,N'\ DATE: q [I3\tql
(THIS FORM BECES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR)
(FOR OFFICE USE ONLY)
PERMIT FEES: $115/Paid
USE GROUP:
A
PERMIT NO.:
USE CLASS: A
BOND: N/A PERMIT EXPIRATION DATE:
SPECIFIC STIPULATIONS / COMMENTS:
(See Attached)
BUILDING AND SAFEi'Y iiEP .
RECEIVED
SEP 101999
NATIONAL CITY, CALIF:
APPROVALS / STIPULATIONS (Check Where Applicable):
PLANNING YES [ ] NO ( ] SEE STIP [ ]
FIRE YES [ ] NO [ ] SEE STIP [ ]
PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ]
FINANCE YES [ ] NO [ ] SEE STIP [ ]
POLICE YES [ ] NO [ ] SEE STIP [ ]
PARKS & REC. YES [ ] NO [ ] SEE STIP [ ]
ENGINEERING YES [ I NO [ ] SEE STIP [ ]
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ]
RISK MANAGER YES [ ] NO [ ] SEE STIP [ ]
COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ]
OTHER YES [ ] NO [ ] SEE STIP [ ]
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
CITY COUNCIL MEETING DATE: September 28, 1999, 6:00 p.m.
TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ]
PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ]
COMMENTS:
DATE
7
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND/OR STIPULATIONS
SPONSORING ORGANIZATION: La Mesa R.V.
DATE OF EVENT: October 1, through October 3,1999
LOCATION OF EVENT: Plaza Bonita Center, Parking Lot 2
TIME: 10:00 a.m. until 7:00 p.m.
APPROVALS:
PLANNING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ]
FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x
FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
SPECIFIC STIPULATIONS/COMMENTS:
FIRE 336-4550
1. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all
obstruction for its entire width and length.
2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy-
five (75) feet.
3. Fire Department access roads shall be provided and maintained at all times.
4. Fire hydrants shall not be blocked or obstructed.
5. If canopies or tents are to be used, a permit is required. Permit is issued by the Fire Department at
a cost of sixty-five dollars ($65.00).
FINANCE 336-4260
As with previous events,
Any sales tax collected as a result of this sale must be allocated to National City when filing the
quarterly return with the State Board of Equalization. A copy of the notice that is sent to the State
Board of Equalization is to be submitted to the Finance Department. A current business license must
be on file in the Revenue and Recovery Division of the Finance Department for each vendor
participating.
c/A200-2.DOC