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HomeMy WebLinkAbout2005 01-18 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — January 18, 2005 - 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. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 1/18/05 PAGE 2 INTERVIEWS /APPOINTMENTS Appointments by the City Council to Regional Agencies and Boards CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the Minutes of the Regular City Council meeting of January 4, 2005. 2. Proposed 2005 Memorandum of Understanding between the City of National City and the National City Firefighters' Association. (Human Resources) 3. Resolution endorsing National City's application for a California Department of Water Resources' Urban Streams Restoration Grant in the amount of $350,000 under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 — Proposition 40. (Community Services/Public Works) 4. Resolution approving a Tentative Subdivision Map and Conditional Use Permit for the conversion of 72 apartment units to condominiums at 305 26th Street and 2420 D Avenue. Applicant: Westone Management Consultants. (Case File No. S- 2004-4/CUP-2004-5) (Planning) 5. Resolution approving a Tentative Subdivision Map and Conditional Use Permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets. Applicant: Jay Cleveland. (Case File No. S-2004-14/CUP- 2004-23. (Planning) COUNCIL AGENDA 1/18/05 PAGE 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for $10,000 seed money for marketing the City. (City Manager) 7. WARRANT REGISTER NO. 24 (Finance) Ratification of Demands in the amount of $862,882.71. 8. WARRANT REGISTER NO. 25 (Finance) Ratification of Demands in the amount of $1,712,958.61. 9. Claim for Damages: Wismar Gonzalez (City Clerk) PUBLIC HEARING 10. Public Hearing — Conditional Use Permit for a wireless communications facility on National City Middle School property at 1701 D Avenue. (Applicant: Tetra Tech Communications for Nextel) (Case File CUP-2004-12) (Planning) NEW BUSINESS 11. Temporary Use Permit — Christiansen Amusements -Plaza Bonita Carnival - February 18-27, 2005. (Building & Safety) 12. Temporary Use Permit — Boys & Girls Club — Annual Director's Dinner served with alcohol — January 29, 2005, 6:00 p.m. — 10:00 p.m. — 1430 D Avenue. (Building & Safety) 13. Discussion of selection of a date for a Council Retreat on goals and priorities, citizens' survey and strategic planning. (City Manager) 14. Discussion requesting Council's input on the citizens' survey. (City Manager) WRITTEN COMMUNICATIONS COUNCIL AGENDA 1/18/05 PAGE 4 15. Monthly Report - December 2004 (John Webster, National City Transit) 16. Letter from Eric E. Peterson commending Mario Lopez and Freddy Canedo for the exemplary service. 17. Discussion of a letter from Milch & Wolfsheimer regarding a moratorium ordinance on check cashing and payday advance businesses. (Council initiated) STAFF MAYOR AND CITY COUNCIL Next Regular City Council Meeting — Tuesday — February 1, 2005 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 1/18/05 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 4, 2005. City of National City, California COUNCIL AGENDA STATEMENT .VIEETING DATE January 18, 2005 AGENDA ITEM NO. ITEM TITLE Proposed 2005 Memorandum of Understanding between the City of National City and the National City Firefighters' Association PREPARED BY Ryan Hyland DEPARTMENT Deputy Director 336-4370 EXPLANATION Beginning in early November City representatives and the National City Firefighters' Association began discussions regarding the expiration of the current MOU. Both parties met and conferred in good faith and reached agreement on the attached MOU which covers the period of January 1, 2005 through December 31, 2005. The proposed MOU has been ratified through a vote of the FFA members and is now before the City Council for final approval. The proposed MOU balances the City's current budget constraints with the need to reward National City Firefighters for the valuable public safety work they provide. The retention incentive illustrates an innovative compensation approach that was required due to the structural budget deficit the City currently operates within. The approach is fiscally prudent as it emphasizes one time expenditures over ongoing expenditures. Highlights of the proposed MOU: • $2,100 per member one time Retention Incentive for all members with at least one year of service. • "Class A" uniforms provided to all members to maintain a professional image and highlight the City's pride in the National City Fire Department. . Pilot Program for Constant Manning will begin on July 1, 2005. (Designed to keep a minimum of 4 fire personnel on fire trucks to ensure the safety of city residents and fire personnel) • "Platoon Commander" job title changed to "Battalion Chief" to accurately reflect current duties and match industry standards. (Discussions regarding the reclassification process including corresponding salary and job duty changes will begin in January.) / Financial Statement Fiscal Year 04-05 Cost Budget Impact Retention Incentive $86,100 One time Funds are available to implement the proposed Uniforms $24,600 One time MOU. l�^(/ Finance Dept. AuthorizatiorY `L $110,700 Fiscal Year 05-06* Cost Budget Impact Constant Manning $30,000 One time `The proposed MOU will expire half way through FY 05-06 STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Memorandum of Understanding Human Resources Resolution No. A-200 (9/80) RESOLUTION NO. 2005 — 3 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 FIREFIGHTERS' ASSOCIATION FROM JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 WHEREAS, the City has met and conferred with representatives of the National City Firefighter's Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into Memorandum of Understanding ("MOU") between the City of National City and the National City Firefighters' Association for the period January 1, 2005 through December 31, 2005. Section 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 2004-05. A copy of said Memorandum of Understanding shall be on file in the office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 18th day of January, 2005. Nick lnzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA January 1, 2005 - December 31, 2005 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION, IAFF LOCAL 2744 FOR THE FOLLOWING PERIOD OF TIME: CALENDAR YEAR 2005 The representatives of the City Manager of the City of National City, for and on behalf of the City Council of National City, have met and conferred with the representatives of the National City Firefighters' 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 For the CITY: CHRIS ZAPATA • City Manager ALFREDO LOPEZ For the NCFFA, IAFF Local 2744: KEVIN KILLACKY President LARRY G. BECK City Representative FFA Representative DON CONDON SCOTT ROBINSON City Representative FFA Representative RYAN HYLAND WILLIAM E. REED City Representative FFA Representative ROBERT MEDINA FFA Representative Date Article 4 Out -Of -Class Pay � 4 Article G Holidays 5 ArUo|o $ Leave Eligibility And Procedure 7 Arhnk: 7 Annual Vacation Leave 8 Article Military Leave 11 Article Fenoi|yCxnyLoavn 12 Article 10 Court Leave 13 Adio|o 11 Sick Leave With Pay 14 Article 12 Compensation Plan Article 13 "Y"Rotu 2O 22 Article 14 Forty Hour Assignment Pay 23 Article 15 Revision Of The Compensation Plan 24 Article 16 Overtime Article 17 Longevity Pay 25 26 Article 18 Ennp|oyeo& Dependent Health & Dental |nou,nnon Article 18 Employee Life Insurance 27 28 Article 20 Long Term Disability Insurance Program 29 Article 21 Public Employees' Retirement System 30 Article 22 Salaries Article 23 Call Back And Standby/Vn'CuU 31 Article 24 Shift Exchanges 33 Article 25 Training 34 Article 20 Conopony'Leve|S1*f[ing 35 Article 27 Management Rights 36 Artlnlo28 Terms nfProvisions 38 Art|p|*3g Definitions 39 Art|nle3D Employee Grievance Procedure 40 Side Letter 43 50 TABLE OF CONTENTS TITLE PAGE Article 1 Recognition/Implementation Article 2 Work VVonk ' 2 Article Uniform Allowance 3 ARTICLE 1 RECOGNITION/IMPLEMENTATION Section 1 Recognition The National City Firefighters' Association is the exclusive representative of probationary and career employees in the following classes: 4 Firefighter 4 Fire Engineer 4 Fire Captain 4 Fire Platoon Commander/Battalion Chief (other than those employees already holding title of Battalion Chief on December 31, 2004) 4 Deputy Fire Marshal Effective upon ratification of this Memorandum of Understanding, the name of the Fire Platoon Commander classification shall change to Battalion Chief. The City shall meet and confer with the NCFFA beginning in January 2005, regarding job duties and salary for Battalion Chiefs. Section 2 Implementation This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: a) The City Council acts, by majority vote, formally approve and adopt said Memorandum. b) The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. c) 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. -1- NCFFA MOU 2005 ARTICLE 2 WORK WEEK The City agrees to cooperate with the Firefighters' Local 2744 to retain the fifty-six (56) hour work week for Fire Suppression personnel, and the forty (40) hour work week for Staff personnel. The City agrees to meet and confer with the Firefighter's Local 2744 prior to making adjustments to the twenty-four (24) hour duty shift. (A) Fire Suppression - Fifty-six (56) hours shall constitute the normal work week for personnel assigned to this division. The normal shift length for personnel assigned to this division shall be twenty-four (24) hours. The normal platoon change shall occur at 0800 (8:00 a.m.). (B) Forty Hour Assignment - Forty (40) hours shall constitute the normal work week for personnel temporarily assigned to the prevention or administration divisions, The normal work day for personnel assigned to this division shall be eight (8) hours, and begin at 0800 (8:00 a.m.) daily. Such assignment shall not exceed twelve (12) months, except for those positions designed and filled as permanent 40 hour assignments or with the consent of the temporarily assigned employee and approval of the Chief. (C) 9/80 Assignment - Employees on a forty hour assignment are eligible to participate in the "Alternative 9/80 Work Schedule," subject to approval of the Fire Chief and in accordance with the restrictions and/or requirements for the "Alternative 9/80 Work Schedule" set forth in the side letter to the Memorandum of Understanding currently in effect between the City and the National City Municipal Employees' Association. -2- NCFFA MOU 2005 ARTICLE 3 UNIFORM ALLOWANCE Safety equipment prescribed by OSHA or the City, including turnouts, rubber boots, gloves, helmets, leather boots and pants, will be provided by the City. In addition, the City will provide $200 annually for each employee covered by this agreement to be applied toward the purchase and maintenance of the shirt, belt, utility jacket and non -safety trousers prescribed by department. There will be no requirement to maintain a Class "A" uniform. All safety equipment prescribed by OSHA and the City provided pursuant to this article will be considered property of the City and may not be worn by the employee while off -duty, except for travel to and from work. In addition to the above, the City shall provide each newly hired employee an additional $200 to assist them in making an initial purchase of required uniforms. During 2005, the City will provide each non -probationary employee one "Class A" dress uniform, consisting of the following: • Jacket • One pair of pants • Shirt • Shoes • Tie • Hat • Collar device • Badge holder • Belt • Applicable piping Employees on probation may purchase a "Class A" uniform from the City's supplier. The probationary employee will be eligible for reimbursement, up to the cost the City paid for "Class A" uniforms, if the employee completes probation during the term of this MOU. The City has no obligation to purchase or reimburse employees for "Class A" uniforms beyond the term of this MOU. -3- NCFFA MOU 2005 ARTICLE 4 OUT -OF -CLASS PAY This program will provide compensation at the salary range for the classification to which an Out -of - Class assignment has been made. Eligibility requirements and pay for an Out -of -Class assignment are as follows: 1. A Battalion Chief may be assigned to work as Fire Chief or other higher ranking position, and he/she shall receive a 5% acting pay over current Battalion Chief's base salary for the time of the assignment. 2. A Fire Captain may be assigned to work as a Battalion Chief and he/she shall receive a 5% acting pay over current Captain's base salary for the time of the assignment. To be qualified for the acting position of Battalion Chief, a person must meet the current qualifications for Battalion Chief. 3. To be qualified for acting position of Captain, a person must be certified by the department to act in the position of Captain; or, if no certified Captains are available, employee must be on the current or most recent promotional eligibility list for Captain; or, if no list is available, the employee must possess the current qualifications for promotion to Captain. Employees shall receive 5% over their base salary for acting time. 4. To be qualified for the acting position of Engineer, a person must be certified by the department to act in the position of Engineer; or, if no certified Engineers are available, employee must be on the current or most recent promotional eligibility list for Engineer; or, if no list is available, the employee must possess the current qualifications for promotion to Engineer. Employees shall receive 5% over their base salary for acting time. 5. When the Deputy Fire Marshal is assigned to work as Fire Marshal, he/she shall receive a 5% acting pay over current Deputy Fire Marshal's base salary for the time of the assignment. 6. These requirements are not intended to limit the Fire Chief from appointing any employee to an acting capacity or position when circumstances are such that rated or certified personnel are not readily available after reasonable attempts have been made to use rated or certified personnel. -4- NCFFA MOU 2005 ARTICLE 5 HOLIDAYS Section 1 Eligible suppression personnel temporarily assigned to a forty (40) hour workweek shall be entitled to the following fixed holidays with pay if they occur during such assignment: 1. New Year's Day 2. 2ntl Sunday in April 3. Memorial Day 4. Independence Day Personnel permanently assigned to a pay as Fire Management personnel. 5. Labor Day 6. Thanksgiving Day 7. Christmas Day 40 hour/week shall be entitled to the same fixed holidays with 1. New Year's Day — January 1st 2. Memorial Day — Last Monday in May 3. Independence Day — July 4' 4. Labor Day — 1st Monday in September 5. Thanksgiving Day — 4m Thursday in November 6. Day After Thanksgiving 7. Christmas Eve Day — December 24th 8. Christmas Day — December 25th Also each employee permanently assigned to 40 hour/week shall be credited with five (5) floating holidays at the start of each fiscal year, and pro -rated according to date of hire for new employees. 1. King's Birthday — 3`d Monday in January 4. Columbus Day —2ntl Monday in October 2. Lincoln's Birthday — February 12th 5. Veterans' Day — November 11' 3. Washington's Birthday — 3rd Monday in February Section 2 Appointed and Religious Holidays With 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. Employees may request time off to attend religious 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. Section 3 Holidays Occurring On Normal Work Day, During Sick Leave Or Annual Leave Or On A Weekend - 40 Hour/Week Assignment In the event an employee is required to work on a holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate. If a holiday falls on the employee's regular day off and the employee is not required to work such employee shall be granted equivalent compensatory time off as approved by the department head. When an employee is absent on annual leave, sick leave or compensating time off, a holiday immediately preceding, immediately following or wholly within such leave period shall be recorded as holiday and not as a day of leave. -5- NCFFA MOU 2005 Article 5 - Holidays Page 6 If a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. Section 4 Fire Suppression Holiday Work Schedule The normal workday on holidays for employees assigned to Suppression (56-hour week) shall consist of daily morning routine, answering emergency calls and the performance of assigned supervisory duties. For purposes of this section, the following days shall be modified work days: 1. New Year's Day (January 1st) 2. Memorial Day (4th Monday in May) 3. 2nd Sunday in April 4. Independence Day (July 4th) 5. Labor Day (1st Monday in September) 6. Thanksgiving Day (4th Thursday in November) 7. Christmas Day (December 25th) 8. Sunday after 1300 (Sunday work schedules will be reviewed each January for possible adjustments after conferring with the FFA) The Fire Chief shall designate that the holiday work schedule be followed on days appointed by the President of ' the United States or by the Governor of California for a public fast, thanksgiving or holiday and approved by Council. The provisions of the other sections of this article do not apply to observance of the Fire Suppression holiday work schedule. Section 5 In lieu of holiday time off, Battalion Chiefs shall receive 11.1 hours of base salary; Fire Captain, 11.0 hours of base salary; Fire Engineers, 10.9 hours of base salary; and Firefighters, 10.7 of base salary for each 28 day work period. However, those suppression personnel temporarily assigned to a 40- hour work schedule shall not work on fixed holidays observed by Fire Management and that time off will be charged against their vacation accrual. NCFFA MOU 2005 ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Eligible employees shall be entitled to holidays and annual vacation, and shall be allowed sick, injury, emergency and Family Care Leave of absences as provided in this MOU. (See Article 9) Section 2 Request 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 Compulsory Leave, Court Leave and Special Meetings, must meet the approval of the appointing authority. Section 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 appointing authority, and the request for such leave, signed by the employee and the appointing authority. Section 4 Leave Of Absence - Commencement 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 Report Leaves of absence shall be indicated on the payroll timesheets 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, an appointing authority may cancel such separation if circumstances warrant such cancellation (as determined by the appointing authority). Section 6 Leaves of absence must contain a time for termination of the leave and the reason for granting the leave. A copy of a written order granting a leave of absence must be filed with the appointing authority and the Personnel Department. No post-dated leave of any kind may be granted to any employee in the classified service. -7- NCFFA MO112005 ARTICLE 7 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates (A) All personnel shall be governed by the following vacation accrual rates per pay periods of service: Pay Cycles Fire Suppression Personnel 40 hour Assignment Permanent 0 - 130 pay cycles 5.54 hours per pay cycle 3.08 hours per pay cycle 131 - 390 pay cycles 7.39 hours per pay cycle 4.62 hours per pay cycle 390+ pay cycles 9.24 hours per pay cycle 6.15 hours per pay cycle Section 3 Conversion of Vacation Benefits Fire Suppression employees switching from a 56 hour to a 40 hour work/week shall for purposes of time sheet reporting, report hours for purposes of pay at the rate of 1.4 hours for each actual hour on paid status. Those Fire Suppression Employees who volunteer to remain on a 40-hour assignment for more than 12 months shall accrue the same vacation as the permanent 40-hour assignment (see above.) Example: Actual hours worked Conversion Rate Worked Hours to be reported on timesheet Actual vacation hours Conversion rate Vacation hours to be reported on timesheet -8- 40.00 1.40 56.00 40.00 1.40 56.00 NCFFA MOU 2005 Article 7 - Annual Vacation. Leave Page 9 Section 4 Vacation Usage Vacation schedules shall be arranged by the department head with particular regard to the needs of the City, and as far as possible, with the wishes of the employee. 1. Vacation authorized by the department director or designee shall not be deemed payable until the employee's eligibility is verified by the Finance Department. 2. Each employee is entitled to use a minimum of one (1) year's accrual of vacation during each fiscal year, providing he/she submits a request for vacation, as provided in City and departmental procedures. Additional vacation leave which exceeds annual accrual may be requested providing staffing permits and with approval of the Fire Chief. 3. An eligible employee may take earned vacation in any increment of four (4) hours or more with the approval of the department head or his/her designee. Section 5 Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of 2.5 times annual accrual. Vacation accrual will discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: 360 hours for all 56 hour safety employees with less than five (5) years service. 257 hours for permanent 40 hour safety employees with less than five (5) years service. 480 hours for all 56 hour safety employees with five (5) to fifteen (15) years service. 342 hours for permanent 40 hour safety employees with five (5) to fifteen (15) years service. 600 hours for all 56 hour safety employees with fifteen (15) p►us years service. 428 hours for permanent 40 hour safety employees with fifteen (15) plus years service. Section 6 Vacation Selection and Coverage Vacation selection and coverage shall be as provided in current Departmental Policy, Volume I, Standard Instruction #36, page 5, effective March 12, 1985. Copy attached. (Reference Article 26, Section 4) Firefighters shall not be required to supply vacation relief. NCFFA MOU 2005 Article 7 - Annual Vacation Leave Page 10 Section 7 Terminal Vacation Leave Upon termination of employment for any cause, an eligible employee shall be entitled to base salary in lieu for the number of accumulated vacation hours credited to the employee's account under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay" and shall be paid at their annual average rate of base salary. Section 8 Upon notice of opportunity from the Fire Chief, requests to sell -back accrued vacation may be submitted for approval by the Fire Chief. NCFFA MOU 2005 ARTICLE 8 MILITARY LEAVE In addition to the leaves of absence provided in this Article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or National, 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 preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such officer or 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 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 or 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 employee's 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 ninety (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 for a period not to exceed thirty (30) calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. -11- NCFFA MOU 2005 ARTICLE 9 FAMILY CARE LEAVE Refer to City-wide Council Policy on Family Leave Policy. -12- NCFFA MOU 2005 ARTICLE 10 COURT LEAVE An employee who is required by subpoena or 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 or proof of said employee's required attendance to the appointing authority and the Personnel Director. The employee shall receive full pay for the time served on court duty during scheduled working hours, provided the money received as a juror or witness on regular duty days is deposited with the Finance Department for credit to the proper fund. Employees shall be reimbursed for witness fees for all incidental expenses incurred, including parking, pursuant to such appearance while on regular duty days. It is the employee's responsibility to notify the department operations officer no later than the beginning of the next work shift that he has received a summons for jury duty or subpoena. -13- NCFFA MOU 2006 ARTICLE 11 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 positions 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 unexpected medical and dental care, subject administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: 1. Illness, injury or exposure to a contagious disease suffered by an employee. 2. The serious disability of the employee while on a scheduled vacation. 3. The absence of an employee for authorized medical or dental care. 4. The care of a family member meeting the requirements of Federal Family Medical Leave Act or California Family Rights Act Section 2 Sick Leave Earning and Accumulation 1. 56-hour Fire Suppression personnel of the Fire Department shall earn 5.54 hours of sick leave for each full pay cycle of employment. Permanent 40-hour employees shall earn 3.69 pay cycle. 2. Accumulated Sick Leave: Each permanent or probationary 56-hour employee covered by this Memorandum shall, on July 30, 1980, be eligible to accumulate sick leave up to a maximum of 720 hours, (herein called "accumulative sick leave"). Sick leave accrual will be credited on the last day of each pay period up to the 720-hour maximum limitation. Permanent 40-hour employees may accumulate up to 514 hours. 3. Frozen Sick Leave Balance: Employees hired on or before June 30, 1980 and who have an existing sick leave balance on June 30, 1980 in excess of 720 hours, will be "frozen" at their June, 1980 sick leave balance levels on July 1, 1980. (Herein called "frozen sick leave balance"). Said frozen sick leave balance will be maintained as a separate account. -14- NCFFA MOU 2005 Article 11 - Sick Leave With Pay Page 15 Example: Employee has 1020 hours of sick leave accrual on June 30, 1980. 0n July 1, 1980 it is distributed as follows: Accumulated Sick Leave Frozen Sick Leave Balance Credit 720 hours (Maximum Accumulation) 300 hours 4. Upon reaching the maximum accumulated sick leave (720 hours), accrual will discontinue and will resume only after the employee's balance falls below 720 hours. Accrual will resume on the last day of the pay period in which the employee's balance falls below the 720-hour level. Said accrual will occur at the established rate as defined in paragraph (1) above. Section 3 Sick Leave Usage (1) Employees must first utilize the regular sick leave balance prior to utilizing frozen sick leave accumulation. (2) Employees using sick leave pursuant to this Article for non -work related illness or injury which has a sixty (60) consecutive day duration shall, upon the sixty first (61 st) consecutive, day of illness, utilize provisions of Article 20 herein, Long Term Disability Insurance. Section 4 Limitation on Time Chargeable to Sick Leave (1) No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: (a) Disability arising from any sickness or injury purposely self-inflicted or caused by any willful misconduct. (b) Sickness or disability sustained while on leave of absence other than his/her regular vacation. (c) No paid sick leave shall be granted in excess of the employee's sick leave credit. (d) An employee may be granted sick leave with pay only for injury, illness or exposure to contagious disease which incapacitates the employee for work. NCFFA MOU 2005 Article 11 - Sick Leave With Pay Page 16 (2) Absence that is chargeable to sick leave in accordance with this shall be charged in an amount not smaller than one (1) hour for the first hour of absence; thereafter, in increments of not less than fifteen (15) minutes. Section 5 Sick Leave Compensation (1) In order to receive compensation while on sick leave, the employee shall notify: (a) The immediate supervisors; or (b) The department head; or (c) In the event of the unavailability of either, the senior representative available. (2) Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. (3) The department head may waive the above requirements if, in his opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days off or holidays, provided these are not in conflict with the established schedule within each department. Section 6 Physician's Statement Required (1) When absence is for more than three (3) consecutive working days, the department head may require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity, or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. (2) The department head is responsible for sick leave during the first three days before the filing of a physician's certificate is required. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be authorized by the department head subject to verification of the employee's eligibility by the Personnel Director. NCFFA MOU 2005 Article 11 - Sick Leave With Pay Page 17 (3) When absence is for more than five (5) working days in a two (2) week period or there is in the judgment of the department head a questionable usage of sick leave over a number of pay periods, the department head may require the employee to submit to an examination at City expense by a physician designated or approved by the City Manager. The department head shall be entitled to a written report from the examining physician indicating the specific nature and duration of the employee's illness or incapacity. Section 7 Separation from City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from City service, provided that if such separation is by lay-off, his accumulated eligibility may be restored to him in whole or in part by the Civil Service Commission upon re-employment. Section 8 Illness During Vacation An employee who becomes incapacitated due to illness or injury while on paid vacation may substitute sick leave credits for vacation provided the employee's request for sick leave substitution is accompanied by a doctor's statement. Section 9 Holidays During Sick Leave For 40-hour permanently and temporarily assigned employees, paid fixed holidays immediately preceding, immediately following or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Payment Upon Retirement An employee hired on or before June 30, 1980, shall upon formal retirement from the City under the Public Employees' Retirement System, be paid at their annual base salary for each hour 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 360 hours. An employee hired on or after July 1, 1980, shall not be eligible for sick leave payment upon retirement. NCFFA MOU 2005 Article 11 - Sick Leave With Pay Page 18 For employees hired on or before June 30, 1980, sick leave payoff upon retirement shall be computed as follows: 1. Frozen sick leave balance upon date of retirement, and 2. Accumulative sick leave balances upon retirement. Equals Sick leave payoff, however, in no event shall the payoff exceed 360 hours. Section 11 Sick Leave Reporting for Payroll Purposes Reports of absences of employees must be made to the City Manager at the same time the department head files his payroll report. The department head who fails to report the absence of an employee from duty and thus enables the employee to receive pay in excess of the amount to which he is legally entitled shall be held liable for the amount illegally paid. Section 12 Evidence of Cause of Absence In all cases of absence because of sickness or injury of the employee or illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 13 Sick Leave Incentive Pay (a) 56 Hour Work Week Sworn members of the Fire Department working on a twenty-four (24) hour shift basis using forty-eight (48) hours of sick leave or less may convert fifty (50%) percent of their remaining yearly sick leave at annual base salary. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Annual Sick Leave Accrual at End of Fiscal Year Hours that may be converted at annual base salary 56 HOUR WORK WEEK 56 HOUR WORK WEEK 144 Hours 72 Hours 132 Hours 66 Hours 120 Hours 60 Hours 108 Hours 54 Hours 96 Hours 48 Hours Less than 96 Hours No Payoff NCFFA MOU 2005 Article 11 - Sick Leave With Pay Page 19 (b) 40 Hour Work Week Sworn members of the Fire Department working other than a twenty-four (24) hour shift schedule earn sick leave at the rate of 3.69 hours per full pay period of service. Persons in this work assignment, using thirty-two (32) hours or less, during the fiscal year, may convert fifty (50%) percent their remaining yearly sick leave at annual base salary. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following schedule, and all computations shall be rounded to the nearest whole hour: Remaining Annual Sick Leave Accrual at End of Fiscal Year Hours that may be converted at annual base salary 40 HOUR WORK WEEK 40 HOUR WORK WEEK 96 Hours 48 Hours 88 Hours 44 Hours 80 Hours 40 Hours 72 Hours 36 Hours 64 Hours 32 Hours Less than 64 Hours No Payoff (c) Except as provided in (d) below, sick leave hours converted shall be subtracted from the employee's accumulative sick leave balance. The remaining sick leave hours shall be carried over accumulated per Section 2 (3) herein. (d) An employee who has the maximum accumulation of sick leave at the beginning of the previous fiscal year (July 19 and who used no sick leave during the year, shall not have the amount of sick leave for which compensation is received under the sick leave incentive program deducted from the employee's accumulative yearly sick leave balance and shall remain at the maximum accumulation. (e) The City will attempt to make payment on the pay day following the end of the 3id pay cycle, but no later than the pay day following the end of the 4th cycle of each fiscal year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (f) Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on the payroll June 30. Permanent employees who terminate or retire during the fiscal year will be compensated on a prorated basis subject to their formal separation or retirement date. NCFFA MOU 2005 ARTICLE 12 COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following Characteristics: (1) The salary range for Firefighter consists of seven (7) steps, "A" through "G"; the ranges for other classifications consist of five (5) steps each ("A" through "E"). (2) The increase from one step to the next step on each range is as indicated in the Salary Schedule. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head, and all other pertinent evidence. 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. Section 2 Salary Steps The steps of the range shall be interpreted and applied as follows: the second, third, fourth , fifth, sixth and seventh salary steps are merit and seniority adjustments to encourage an employee to continue to improve his work: (A) The first base salary step (as shown in the schedule for base salary) is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the 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. (B) The second salary step: When 13 full pay cycles are completed after hire into a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. (C) The third salary step — When 13 full pay cycles are completed at the 2"d step in a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. -20- NCFFA MOU 2005 Article 12 - Compensation Plan Page 21 (D) The fourth salary step - When 13 full pay cycles are completed at the 3rd step in a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. (E) The fifth salary step — Twenty-six (26) full pay cycles of satisfactory service at the fourth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. (F) The sixth salary step — Twenty-six (26) full pay cycles of satisfactory service at the fifth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. (G) The seventh salary step — Twenty-six (26) full pay cycles of satisfactory service at the sixth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. All rates shown, and conditions set forth herein, intended to cover full payment for the number of promotion shall carry with it a salary increase and rate shall not necessarily apply. are in full payment for service rendered and are hours now regularly worked in each class. Each the procedure covering the normal minimum hiring The provisions of this Article are based upon the schedules adopted by the City Council. NCFFA MOU 2005 ARTICLE 13 "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of Step "E" of the range for the class. An employee shall be paid at Step "Y" solely under one of the following two (2) conditions: (a) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immediately prior to such time was paid at a higher rate for such class than the new maximum rate shall, in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (b) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay may, at the discretion of the City Manager, continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step "Y' shall receive no increase unless the increased salary for employees at Step "E" for the class exceeds the salary already being paid to said employee in which case the employee shall be paid at Step "E". -22- NCFFA MOU 2005 ARTICLE 14 FORTY -HOUR ASSIGNMENT PAY Those employees classified as: 1. Firefighter; or 2. Fire Engineer; or 3. Fire Captain; or 4. Battalion Chief and temporarily assigned to a forty (40) hour assignment, shall receive a six (6) percent pay differential for the duration of said assignment. -23- NCFFA MOU 2005 ARTICLE 15 REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees' class or position: (a) If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. (b) If the maximum salary is lowered, the employee should be paid at the rate in the new range which is the same as the rate to which he was paid in the former range. If the maximum rate of the new range is lower than the employee's salary in the former range the employee may, pursuant to Article 14, be paid at the "Y' rate. -24— NCFFA MOU 2005 ARTICLE 16 OVERTIME (1) The smallest unit of time credited as overtime shall be one quarter hour. (2) Overtime worked that is less than one quarter hour shall be rounded -off to the nearest quarter hour each pay period. (3) The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemption contained in the Fair Labor Standards Act to coincide with the City's regular pay periods. Overtime pay shall be calculated pursuant to the provisions of the Department of Labor, Wages and Hour Division Administrative Letter ruling dated November 19, 1986 which is contained in Appendix III, Administrative rulings Pages 129 through 131 of the Fair Labor Standards Handbook published by Thompson Publishing Group. (4) Employees may be credited with compensating time for overtime worked, upon prior request of the employee and approval of the Fire Chief, up to a maximum of 480 hours. (5) An employee may use compensating time in advance of accruing it with the Fire Chief's approval, providing that any negative balance is owed to the City at separation or retirement. (6) The City may not force use of compensatory time off or vacation in order to avoid overtime payment. -25- NCFFA MOU 2005 ARTICLE 17 LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay for continuous and uninterrupted service shall be continued at the same level for those employees receiving longevity pay as of it on June 30, 1984. No employees not receiving longevity pay as of that date will be eligible to receive it in the future; no employee currently receiving it, will be eligible for increase in longevity pay. Current levels of longevity pay are: (a) After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; (c) After fifteen (15) years of continuous and uninterrupted service the sum cif $20.00 per month; (d) After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month; (e) After twenty-five (25) years of continuous and uninterrupted service the sum of $30.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the Fire Chief of National City shall not be considered as interruption of service. In the event an officer or 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 or officer shall not be entitled to any longevity pay by reason of any prior employment. -26- NCFFA MOU 2005 ARTICLE 18 EMPLOYEE AND DEPENDENT HEALTH AND DENTAL INSURANCE Section 1 As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance and a group dental insurance program. The benefits and limitations of the programs are to be designed cooperatively by the Employees' Association, the Insurance Carriers and the City. The Association and City agree to select and implement health insurance programs which meet the requirements of the Health Maintenance Act of 1973. In the event the cost of insurances selected by the employee exceeds the contribution by the City, the employee must pay the excess amount. Section 2 Cash -in -Lieu An employee must select coverage for health and dental insurance to be eligible for cash -in -lieu. If coverage selected costs less than the contribution by the City, the difference shall be paid to the employee in the form of money to a maximum of $100/month. Section 3 Medical & Dental Benefits Effective February 1, 2002, the City shall contribute the following amounts for health and dental benefits: Employee Only Employee & one dependent Employee + 2 or more dependents $305.30 80% of Kaiser Health Plan & PMI Dental Plan Premium 80% of Kaiser Health Plan & PMI Dental Plan Premium The contribution of $305.30 for employee only shall remain at $305.30/mo. until the premiums for Kaiser and PMI exceed that amount, after that the benefit shall be 100% of those premiums. Section 4 Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City after July 1, 2002, and who have at least 20 full years of service with National City Fire Department shall receive $5/month for each year of service with National City Fire 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. Terminal vacation pay and/or sick leave payment upon retirement or PERS adding unused sick leave accruals toward retirement credit shall not be included in the calculation of 20 full years of service. If the City increases this benefit for the Police Officers' Association, that increase shall also apply to the Firefighters' Association, but not to former members of the FFA already retired at the time the increase is made, unless the increase for the POA applies to its former members already retired at the time the increase is implemented. 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. -27- NCFFA MOU 2005 ARTICLE 19 EMPLOYEE LIFE INSURANCE 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 Life Insurance Program are to be designed cooperatively by the Employees' Association, Insurance Carrier and the City. The City will provide $15,000 Life Insurance with Accidental Death and Dismemberment as a City paid benefit. In the event thecost of providing Employee Life Insurance exceeds the established City contribution, employee must pay the excess amount. -28- NCFFA MOU 2005 ARTICLE 20 LONG TERM DISABILITY INSURANCE PROGRAM It is the intent of this article to provide an income protection plan to firefighter employee's who are unable to work because of non -work related injury, illness or disability. (A) The Firefighters' Association, at their option, may change insurance carriers and/or plan benefits for their group Long Term Disability (LTD) Program no more than once in any twelve (12) month period upon proper notice to the City's Labor Relations Representative. (B) The City shall pay $33.90 per month to each represented firefighter employee in the form of a taxable pay type and shall deduct the monthly premium and pay the insurance carrier directly. Any excess of City contribution over the premium cost shall be available to the employee as cash -in -lieu. (C) The City shall continue to make health, dental and life insurance contributions to represented employee's in accordance with Article 18 and 19 of this MOU for the duration of the disability or twelve (12) consecutive months whichever is less, unless this benefit is extended by the Fire Chief and the City Manager. (D) The disabled employee shall use accumulated sick leave during the waiting period for the benefit to be effective and thereafter on leave without pay status. The City shall be notified as to the effective date of benefit by the responsible party. -29- NCFFA MOU 2005 ARTICLE 21 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in the December 12, 1989, amendment to contract between the Board of administration of PERS and the City Council. Section 2 The City's contribution for the employee's share of the cost of the Public Employees' Retirement System shall continue to be nine (9) percent, and the City will report the Employee Paid Member Contribution of 9% of employee's share as gross pay for purposes of highest single year retirement benefit effective at the start of Fiscal Year 2002-03. Section 3 The City's P.E.R.S. contract includes the "Highest Single Year" option at the City's expense. Section 4 The City provides a 3% at 50 PERS Retirement Benefit for represented employees. Section 5 After ratification of this Agreement by the City Council, the City will request an actuarial study from CALPERS on the cost of implementing the Level IV Survivors Benefit. When received, the City and FFA will re -open negotiations on this issue only and will implement that benefit if the cost is not significant. -30- NCFFA MOU 2006 ARTICLE 22 SALARIES Philosophy Salaries NCFFA MOU 2005 The City of National City strives whenever fiscally prudent, to provide fire suppression personnel with total compensation comparable to the average of San Diego County cities. The City and NC FFA will mutually agree upon the compensation study. ' Employee salaries shall remain as set forth in the existing salary schedule. In lieu of a salary increase, all employees with at least one year of service with the Fire Department at the time this Memorandum of Understanding is ratified shall receive a one-time retention incentive of $2,100.00. The one-time retention incentive shall be payable within three pay periods of December 31, 2004. Employees with less than one year of service with the Fire Department at the time this Memorandum of Understanding is ratified, shall receive their $2,100.00 retention incentive in the pay period after reaching their one-year anniversary during the term of this Memorandum of Understanding. The City shall have no obligation to pay a retention incentive to any employee who does not reach his/her one year anniversary with the Fire Department during 2005. • The employee may choose to contribute part or all of the retention incentive into their 457 deferred compensation plan account. • The retention incentive shall not be reported as compensation to PERS. -31- Article 22 - Salaries Page 32 Special Those represented employees who can demonstrate competency sh Incentive or Tagalog languages as verified by the Personnel Department shall t receive he nlan Pay additional 2% incentive pay to the hourly base salaries. Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries for as long as they remain residents of National City. NCFFA MOU 2005 ARTICLE 23 CALL BACK AND STANDBY/ON-CALL 1. All employees covered by the terms of the Agreement who are called back to work from off - duty and arrive at station for duty shall be paid for not less than two (2) hours at one and one- half (1-1/2) times the base salary rate. Immediate call back will receive one (1) additional hour of travel time. 2. Off -duty personnel may be required by the Fire Chief to remain on standby/on-call status and shall receive one-half (.5) hour of base salary for each four (4) hours of required standby time. -33- NCFFA MOU 2005 ARTICLE 24 SHIFT EXCHANGES The City agrees that employees shall have the right to exchange, subject to prior approval of the Chief or his authorized designee, duty shifts when the changes do not interfere with the operation of the Fire Department. The Association agrees that shift exchanges shall in no way become subject to overtime pay. (1) The Chief's authorized designee may be one shift Captain from the requesting individual and one shift Captain from the receiving man involved in the shift exchange. The Chief may change his designee at any time. (2) Shift exchanges may be for a minimum of one (1) hour to a maximum of twenty-four (24) hours for any one request. (3) Personnel may work more than twenty-four (24) hours straight and not more than forty-eight (48) hours at one request, except by approval of the Chief. (4) Working in excess of twenty-four (24) hours will not be cause for denial. -34- NCFFA MOU 2005 ARTICLE 25 TRAINING Section 1 Training EMT Training - The City will determine if EMTFS certification is required for all classifications covered by this agreement. If the EMTFS requirement is maintained all training and re -certification will be provided on City time (during regularly scheduled work hours). In the event that EMTFS is not required by the City, any requirement to obtain or maintain EMTFS certification described in the class specifications for Firefighter, Fire Engineer and Fire Captain will be deleted. Fire Investigation Training - up to $500 annually will be provided to employees assigned to Fire Investigation for specialized training in fire investigation which is considered necessary by the Fire Marshal and approved by the Fire Chief. Section 2 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 twelve (12) units per fiscal year and is open to all employees who meet the following criteria: A. Successful completion of probation. B. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. C. The reimbursement may be used to cover the costs of tuition, registration and books at a local community college. D. The course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. E. The employee must show written documentation of the expenditures being claimed for reimbursement. Reimbursement under this Plan will be made upon completion of the coursework as per part 2, above. -35- NCFFA MOU 2005 ARTICLE 26 COMPANY -LEVEL STAFFING Section 1 Each of the two (2) engine companies shall be staffed with a minimum of three (3) Personnel in the following manner: one (1) rated Fire Captain, one (1) rated Fire Engineer and one (1) rated Firefighter. Engine companies shall be staffed to perform engine company operations. Temporarily staffing engine companies at higher levels is addressed in Section 8. Section 2 Each Truck Company shall be staffed with a minimum of four (4) Personnel in the following manner: one (1) rated Fire Captain, one (1) rated Fire Engineer and two (2) rated Firefighters, except as provided in Section 3 below. The Truck Company shall be staffed to perform truck company operations. Section 3 The City shall be obligated to staff each company with rated personnel at all times. Circumstances in which non -rated personnel are used shall be governed by Article 4, Out -of -Class Pay. Inability to provide rated personnel may be permitted in circumstances out of the Department's control, such as sick leave, special leave, off the job -incurred injury, or illness, on the job -incurred injury or illness or natural disasters. Section 4 In the event a Battalion Chief is on vacation, an attempt must be made to fill the vacancy with a rated Battalion Chief. In the event a Captain is on vacation, an attempt must be made to fill the vacancy with a rated Captain. In the event an Engineer is on vacation, an attempt must be made to fill the vacancy with a rated Engineer. Section 5 Personnel may work more than twenty-four (24) consecutive hours, but not more than forty-eight (48) consecutive hours except by the approval of the Chief. Section 6 Minimum daily staffing shall not be less than 11 personnel comprised of two (2) engine companies, one (1) truck company and one (1) Battalion Chief. Temporarily increasing minimum daily staffing is addressed in Section 8. Section 7 The City will not make assignments under Civil Service Rule 407.5 to fill a vacant position until an employee has been absent for 30 consecutive calendar days. However, if within the first 30 calendar days that the employee is absent, the employee provides medical evidence to the City that his/her absence will exceed 30 consecutive calendar days, the City may make an assignment under Civil Service Rule 407.5 prior to the employee being absent 30 consecutive calendar days. -36- NCFFA MOU 2005 ARTICLE 26 COMPANY -LEVEL STAFFING Section 8 The City is committed to enhancing service levels and evaluating the impact of constant manning for the betterment of its residents and the NCFFA who serve them. To accomplish this, the City agrees to implement a pilot program increasing required fire suppression employees per shift from 11 to 12 starting July 1, 2005. The pilot program shall end on December 31, 2005 or once the cost of complying with the pilot program reaches $30,000, whichever occurs sooner. The City will share the results of the pilot study with NCFFA when completed. The City and the NCFFA agree to meet and confer during the negotiations to reach a successor to the 2005 Memorandum of Understanding over the issues of whether constant manning will be required in 2006 and/or beyond, and if so, the details of such a program. -37- NCFFA MOU 2005 ARTICLE 27 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that 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 reserved to the sole discretion of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency 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; 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 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; suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for legal 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 control and discretion over its organization and the technology of performing its work. -38- NCFFA MOU 2005 ARTICLE 28 TERMS OF PROVISIONS The provisions of this Memorandum of Understanding shall be effective and binding subject to approval of the National City Firefighters' Association and the City Council from the adoption of this document by the City Council through December 31, 2005. This MOU is subject to all future and current applicable Federal of 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. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances which are in conflict with or are addressed by this MOU. In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation. -39- NCFFA MOU 2005 ARTICLE 29 DEFINITIONS BASE SALARY - Shall mean, for 56-hour personnel, the hourly rate derived by dividing the annual salary as developed by the Finance Department on their published salary schedule by the average number of scheduled work hours (2912) hours. For 40-hour personnel, the hourly salary derived by dividing the annual salary by 2080 hours. The annual salary does not include overtime, special or incentive pays or cash -outs. 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. CONTINUOUS 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 a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE - Shall mean a person who is legally an incumbent of a position in the Classified Service or who is an authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. IMMEDIATE FAMILY - Except as provided in Article 12, Section 2, immediate family shall include the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. INTERIM APPOINTMENT - Shall mean a short-term appointment made from an eligible list. 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. NORMAL WORK DAY - Shall mean operations personnel are not expected to work on projects of a non -emergency nature after 1700 hours. If an individual elects to work on a project or other administrative assignment after 1700 hours he shall do so of his own free choosing. No coercion, harassment or persuasion shall be placed on any individual either by the fire department administration or by the labor body. -40- NCFFA MOU 2005 Article 29 - Definitions Page 41 PAY CYCLE - Two week period for pay purposes. PAY DAY - Day on which pay is given for previous pay cycle. PAY PERIOD - 28 day period for purposes of overtime. 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 (1) year of probationary service and continuing permanent appointment. DIRECTOR OF PERSONNEL - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil 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 officer or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a part-time or full-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. 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. RATE - Rate shall mean the same as Rank. Rate and Rank are interchangeable terms for purposes of this MOU. Rate or Rank means to be employed in a position, on a permanent or probationary basis and includes employees working in a position pursuant to an assignment under Civil Service Rule 407.5. RATED PERSONNEL - Shall mean permanent employees and probationary employees in a position as well as employees working in a position pursuant to an assignment under Civil Service Rule 407.5. 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. NCFFA MOU 2005 Article 29 - Definitions Page 42 SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate or an hourly rate, as shown in the compensation plan of the City. SALARY STEP - Shall mean the location of a rate within a salary range, as identified by a letter of the alphabet. TEMPORARY ASSIGNMENT - Assignment of personnel to a 40-hour work week in a position that is not designated as a permanent 40-hour assignment. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non -permanent nature on provisional basis. WORK DAY - Shall mean an eight (8) hour period as a normal work period. WORK SHIFT - Shall mean twenty-four (24) hour period as normal work. NCFFA MOU 2005 ARTICLE 30 EMPLOYEE GRIEVANCE PROCEDURE Section 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 reducing the 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. Section 2 Identification Of 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 grievant's 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. (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. -43- NCFFA MOU 2005 Article 31 - Employee Grievance Procedure Page 44 (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 (MOU): A written agreement between an employee organization and the City which is a result of the meet and confer process. (L) Director of Personnel: The Director of Personnel or his designee. (M) Second Level Supervisor: The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure (A) To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred; and 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; and 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). (B) 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 i 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). NCFFA MOU 2005 Article 31 - Employee Grievance Procedure Page 45 Section 4 Special Provisions Of The Grievance 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 Director of Personnel 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; and 2. The specific provision(s) of the MOU which has been violated; and 3. The inequity or damage suffered by the employee; and 4. The relief sought; and 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 Time: 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 any of 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. NCFFA MOU 2005 Article 31 - Employee Grievance Procedure Page 46 (J) Reiection: 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. 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. Section 5 Grievance Procedure Steps The following procedure shall be followed by an employee submitting a grievance: STEP I STEP II 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. Department Head: 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, 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. STEP )II Hearing: (a) Grievance to Director of Personnel: 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 Director of Personnel. NCFFA MOU 2005 Article 31 - Employee Grievance Procedure Page 47 (b) Selection of Board Members: Subject to Section 6 of this Article, within seven (7) calendar days of receiving the grievance at this level, the Director of Personnel 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 Director of Personnel 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 subject to disqualification and the action of the Board cancelled 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 closed as requested by the grievant. 4. The manager who is the subject of the grievance shall be represented by the Director of Personnel 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 admissibilityof evidence. Legal rules of evidence shall not apply. 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 City work time. 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: NCFFA MOU 2005 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 Director of Personnel. Article 31 - Employee Grievance Procedure Page 48 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. 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 Director of Personnel is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Director of Personnel'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. NCFFA MOU 2005 Article 31 - Employee Grievance Procedure Page 49 Section 7 Implementation If the City later grants binding arbitration as the final step for grievance resolution to the Police Officers' Association, that procedure shall be incorporated into this Article and applied to the members of the Firefighters' Association. NCFFA MU 2005 SIDE LETTER TO 2005 MOU BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION, IAFF LOCAL 2744 The City of National City ("City") agrees that in the event that the City should decide to create a paramedic program during the term of this Memorandum of Understanding, the City will meet and confer with the National City Firefighters' Association, IAFF Local 2744 ("FFA") regarding the impacts of the decision to create a paramedic program. The City agrees that upon ratification of the 2005 Memorandum of Understanding by the City Council's and the NCFFA's membership, the 2005 Memorandum of Understanding shall be binding on both parties, notwithstanding the provisions of Article 1, Section 2(b) or 2(c) of the 2005 Memorandum of Understanding. CITY MANAGER Date FFA PRESIDENT Date CITY REPRESENTATIVE Date FFA REPRESENTATIVE Date -50- City of National City, California COUNCIL AGENDA STATEMENT FETING DATE January 18, 2005 AGENDA ITEM NO. (-ITEM TITLE Resolution Endorsing National City's Application for a California Department of Water Resources' Urban Streams Restoration Grant in the Amount of $350,000 under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 — Proposition 40 PREPARED BY DEPARil1ENT Leslie Deese (619) 336-4242 Community Services EXPLANATION Roberto Saucedo (619) 336-4580 Public Works Please see attached Report Environmental Review _X N/A Financial Statement Approved By: National City could receive up to $350,000 in grant funds. While no specific aniSCIR Bireedal matching funds is required, National City must contribute at least 20% of the total project costs. The contribution may be a financial match of the grant, an Account No.. in -kind contribution, or a conii,ination of both. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Exhibit 1 — Resolution Exhibit 2 — Letter from State of CA Department of Water Resources Application Letter A-200 (9;99) Attachment to A-200 dated 1/18/05 This is a report on the attached Resolution, which endorses National City's application to the California Department of Water Resources' Urban Streams Restoration Program, for a $350,000 grant to help fund the Paradise Creek Educational Park. The Urban Streams Restoration Program received $5 million under Proposition 40, the "California Clean Water, Clean Air, Safe Neighborhood Park, and Coastal Protection Act" of 2002. The Department of Water Resources is soliciting applications for these funds from communities with stream -restoration needs. Grant awards are limited to $1 million per project and.have averaged approximately $350,000 and can fund projects as basic as a volunteer workday to clean trash, or as complex as restoring a stream to its natural state. All potential projects must have two sponsors: a local agency and a community group. For the purpose of this grant, National City would be the sponsoring local agency, and Paradise Creek would be the co-sponsor. According to the grant application, the project must have "flood management or erosion control as a primary objective." The project must also "maintain or enhance the environmental characteristics of a stream or restore a stream to a more naturally functioning ecosystem," and "should also promote public awareness and local stewardship of streams by including the community in planning, implementing, monitoring or maintaining the steam restoration project." The plans for Paradise Creek Educational Park meet these criteria. Projects selected for funding will be announced by late May 2005. Selected projects should be completed by May 2007.. Local Contribution: The grant application also states that, although no specific amount of local matching funds is required to receive a grant, National City must contribute something to the project. The contribution maybe a financial match of the grant, an in -kind contribution, or a combination of both. This contribution typically covers at least 20% of the total project costs. If National City were to receive the full $350,000 in grant funds, a $70,000 match would be required. Examples of the permitted types of contributions include: • Labor • Materials • Expertise for activities such as planning, design, permitting, implementation, monitoring, follow-up work, or project interpretation • Heavy Equipment • Rights of Way, Easements • Money The City of National City and the County of San Diego has each already allocated $25000 to the Paradise Creek Educational Project, for a total of $50,000 that could be applied toward the required match. The remaining match requirement could come in the form of in -kind contributions that would be identified should the grant be funded. Staff Recommendation: Staff recommends that the City Council adopt the Resolution permitting National City to apply for grant funds under the Urban Streams Restoration Program, and that the City Manager be authorized to sign all required documentation. STATE OF CALIFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.C. BOX 942836 ^ACRAMENTO, CA 94236-0001 '6) 653-5791 November 10, 2004 Dear Urban Stream Advocate: The California Department of Water Resources (DWR), Urban Streams Restoration Program (USRP) currently has $4.6 million in Proposition 40 funding for grants. DWR is soliciting applications for these funds from communities with stream restoration needs: Grant awards are limited to $1 million per project and have averaged approximately. $350,000. The application deadline for this grant cycle is 4:00 p.m. on Tuesday, January 25, 2005. USRP provides grants for local projects that reduce flooding and erosion on urban streams, improve environmental values and promote community stewardship. Past grants have funded a variety of activities: creek cleanups; eradication of exotic or invasive plants; revegetation and bioengineering bank stabilization projects; channel reconfiguration to improve stream geomorphology and aquatic habitat functions; and acquisition of property critical for flood management. The enclosed questionnaire may help you determine whether your project could be eligible for funding through this program. Application materials are available on our website at the following address: http://www.watershedrestoration.water.ca.gov/urbanstreams/. If you do not have access to the Internet and would like to have application materials sent to you, please contact Kurt Malchow at_(916) 651-9627. If you have questions about USRP or a project you are considering, please contact regional program staff or me listed below. Central California: Sara Denzler San Francisco Bay Area: Kurt Malchow Northern California: Southern California: Margie Graham Susan Woolam i.ro G1end61,_ (916)651-9625 (916) 651-9627 (530) 529-7330 (818) 543-4630 e-mailssdenzler@waterca.gov e-mail:kurtm@water.ca.gov e-mail: margieg@water: ca. gov e-mail:susanw@water.ca. gov You are welcome to submit a one -page description of your project for our review and comment prior to completing your application. If time allows, staff may also be able to provide suggestions to help you complete your application. Thank you for your continuing interest in stream restoration and stewardship. Sincerely, Sara E. Denzler, Program Coordinator Urban Streams Unit Division of Planning and Local Assistance Enclosure Exhibit 2 RESOLUTION NO. 2005 — 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING APPLICATION FOR A CALIFORNIA DEPARTMENT OF WATER RESOURCES' URBAN STREAMS RESTORATION GRANT IN THE AMOUNT OF $350,000 UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 - PROPOSITION 40 WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the San Diego Foundation has proposed to cosponsor a grant application with the City of National City; and WHEREAS, the City concluded the project proposed for funding with the grant funds would be environmentally beneficial and has adopted a Mitigated Negative Declaration on December 12, 2000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the joint application with the San Diego Foundation for an Urban Streams Restoration Grant from the California Department of Water Resources. BE IT FURTHER RESOLVED that if offered such a grant, Leslie Deese is authorized to accept and sign any contract for administration of the grant funds, and Roberto Saucedo is authorized to act as Project Manager for the project. The Project Manager is authorized to manage the Agreement, and to delegate authority to others to provide management and support services required for performance of the work and administration of the Agreement. The delegation of authority to submit invoices requires written consent by both grantees which will be provided to the Department of Water Resources. PASSED and ADOPTED this 18th day of January, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE iannary 18, 2004 AGENDA ITEM NO. 4 ITEM TITLE Resolution Approving a Tentative Subdivision Map and Conditional Use Permit for the Conversion of 72 Apartment Units to Condominiums at 305 26th Street and 2420 D Avenue. Applicant: Westone Management Consultants. Case File No. S-2004-4/CUP-2004-5 PREPARED BY DEPARTMENT Andrew kinson 336-4310 Planning EXPLANATION The City Council voted to approve this item at the December 21, 2004 public hearing. The attached resolution is needed to follow through on the action. ( Environmental Review X N/A Categorical Exemption (-Financial Statement N/A >STAFF RECOMMENDATION Adopt the attached resolution. jaela Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 i9,99) RESOLUTION NO. 2005 — 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 72 APARTMENT UNITS TO CONDOMINIUMS AT 305 EAST 26TH STREET AND 2420 D AVENUE APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2004-4/CUP-2004-5 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 East 26th Street and 2420 D Avenue on property generally described as: The westerly 60 feet of the easterly 320 feet of the easterly half of 10-acre Lot 2 in Quarter Section 152, the westerly 50.00 feet of the east 370.00 feet of the east half of 10-acre Lot 2, in Quarter Section 152, the westerly 34 feet of the easterly 404 feet of the east half of 10-acre Lot 2 of Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearing held on October 18, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on November 16, 2004, and continued to the meeting of December 21, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-4 and CUP-2004-5 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. Resolution No. 2005 — 5 January 18, 2005 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 East 26th Street and 2420 D Avenue, based on the findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will create 72 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2005 — 5 January 18, 2005 Page Three 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1 The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complex will create 72 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the first phase of development and each unit will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 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 no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 72 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. Resolution No. 2005 — 5 January 18, 2005 Page Four BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 East 26th Street and 2420 D Avenue is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 305 East 26th Street and 2420 D Avenue, including 72 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A -revised", "B" and "C", Case File No. S-2004-4/CUP-2004-5, dated May 28, 2004 and September 14, 2004, respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The landscape plan shall reflect additional elements/enhancements above and beyond what isshown in Exhibit `B", dated May 28, 2004, subject to review and approval by the Planning Director. 3. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 6. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as Resolution No. 2005 — 5 January 18, 2005 Page Five to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 7. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. Plans must comply .with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 9. The final map shall meet all of the requirements of the Subdivision Map Act, and the City Of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 10. The developer shall bond for the monumentation prior to the approval of the final map. 11. All new property line survey monuments shall be set on private property, unless otherwise approved. 12. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 15. Before this Tentative Subdivision Map and Conditional Use 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use 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 Resolution No. 2005 — 5 January 18, 2005 Page Six Tentative Subdivision Map and Conditional Use 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. 16. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. 17. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 18. The property owner and any successor in interest shall agree to not object to the formation of a utility undergrounding district in the future. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18th day of January, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE January 18, 2004 5 AGENDA ITEM NO. ITEM TITLE Resolution Approving a Tentative Subdivision Map and Conditional Use Permit for a Four -Story Mixed Use Building with 13,000 Square Feet of Commercial Space and 32 Residential Condominium Units on the West Side of Highland Avenue between 21st and 22nd Streets. Applicant: PREPARED B Case File No. S 2004 14/C EPARTMENT EXT. EXPLANATION Andrevgoskinson 336-4310 Planning The City Council voted to approve this item at the January 4, 2005 public hearing. The attached resolution is needed to follow through on the action. J Environmental Review Financial Statement N/A N/A MIS Approval X Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ls. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2005 — 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR A FOUR-STORY MIXED USE BUILDING WITH 13,000 SQUARE FEET OF COMMERCIAL SPACE AND 32 RESIDENTIAL CONDOMINIUM UNITS ON THE WEST SIDE OF HIGHLAND AVENUE BETWEEN 21ST AND 22ND STREETS APPLICANT: JAY CLEVELAND CASE FILE NO. S-2004-14/CUP-2004-23 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21 st and 22nd Streets on property generally described as: Lots 11 to 20 of Block 4 of Hayes' Highland Addition according to Map thereof No. 1038 recorded in the Office of the Recorder of San Diego County, California, on April 20th, 1916, together with a 10' closing. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearing held on December 6, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on January 4, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-14 and CUP-2004-23 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves tentative subdivision map and conditional use permit for a four-story mixed use building with a 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets, based on the findings: Resolution No. 2005 — 6 January 18, 2005 Page Two RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1 The proposed map is consistent with the National City General Plan and applicable specific plans, since the General Plan encourages mixed -use infill of vacant commercially zoned properties, the creation of new homeownership opportunities, the beautification of older commercial areas, and higher density residential development along major commercial thoroughfares. Also, there are no specific plans governing use of the site. 2. The site is physically suitable for the proposed type of development, since the property is on a major arterial within an established commercial district with some existing mixed -use developments, and since it is adjacent to several large, higher density apartment complexes. 3. The site is physically suitable for the proposed density of development, since the proposal includes good-sized units with appropriate urban amenities and sufficient parking for a mixed -use development. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site has been developed previously and is located in an urban environment with no native vegetation or bodies of water. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2005 — 6 January 18, 2005 Page Three 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT That the site for the proposed use is adequate in size and shape, since adequately sized units, and open space will be provided along with sufficient off-street parking for a mixed -use development with several large apartment complexes in the very near vicinity. 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 approximately 650 Average Daily Trips (ADT) generated by the use, of which not more than 60 ADT will be during the aftemoon peak traffic hours, can be accommodated by Highland Avenue, a major arterial with a current volume of 17,000 ADT and a capacity of 25,000 ADT. Also, the project's immediate proximity to a large customer base will likely result in an elevated percentage of pedestrian trips. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposal is consistent with the development type (both mixed - use and high density multi -family) in the immediate area, and since the project traffic can be accommodated on nearby roads. Also, the proposed parking (both off-street and adjacent street parking) is typical of mixed -use development in commercial, urban corridors. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will enhance the appearance of the partially developed site, while placing new commercial facilities in close proximity to a large customer base, and since it will create 32 new home ownership opportunities. RECOMMENDED FINDING FOR APPROVAL OF THE REQUESTED EXCEPTION Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, mixed -use infill and high density residential development along major Resolution No. 2005 — 6 January 18, 2005 Page Four commercial thoroughfares, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a mixed -use development with approximately 13,000 square feet of commercial space and 32 residential condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A" and "B", Case File Nos. S-2004-14/CUP-2004-23, dated October 26, 2004 and October 27, 2004, respectively. 2. The three exterior staircases and the elevator shall be secured/programmed to allow resident use only above the ground floor. 3. Prior to issuance of building permits a noise study and mechanical equipment study, focusing on visual, odor and other possible impacts, must be prepared for review and approval by the Planning Director. All conditions and recommendations of the studies necessary to ensure the livability of the residential units shall be incorporated into the project design. 4. The parking stall dimensions of the tuck under parking stalls at the rear of the property shall conform to all Land Use Code requirements, and they shall have.a minimum of 24 feet of backup space. The above referenced parking facility dimension shall be achieved without reduction of the set back from Highland Avenue shown in Exhibit "A", Case File No. S-2004-14/CUP-2004-23, dated October 26, 2004. 5. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 6. Two trash enclosures shall be provided; one shall be reserved for use by the commercial businesses and the other for use by the residents. Both shall be provided in accordance with city standards. They shall have an exterior to match the building. Resolution No. 2005 — 6 January 18, 2005 Page Five 7. The developer shall provide a declaration of covenants, conditions and restrictions running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attomey. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. Minimum fire access shall be 20-feet unobstructed width with 13-feet 6-inch vertical clearance, with a comer radius of 28-feet. 12. Work must be performed and compliant with California Fire Code 2001 edition and the most current NFPA standards. 13. KNOX-BOX Rapid Entry System shall be provided. 14. Automatic Fire Sprinkler System and fire standpipe system is required. 15. Based on construction type V-N with a flow duration of 4 hours at 20 psi residual, with an automatic sprinkler system. 16. Automatic Fire Alarm system is required. Resolution No. 2005 — 6 January 18, 2005 Page Six 17. An encroachment agreement subject to approval by City Council is required for the encroachment of the underground parking garage into the alley at the rear of the property. The property owner shall apply for an encroachment agreement per Chapter 13.12 of the National City Municipal Code and shall provide a suitable performance guarantee pursuant to section 13.12.040 in an amount sufficient to guarantee the removal of the encroachment should the City demand such removal. 18. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department's requirements. 19. All surface run-off, including landscaping irrigation within the public right-of-way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 20. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within thepublic right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by City Engineer. 21. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, 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. As 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 National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Engineering Department requirements. 22. 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 Resolution No. 2005 — 6 January 18, 2005 Page Seven material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. 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 National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 23. A sewer permit will be/may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 24. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically, 395 L.F. of sidewalk, 167 L.F. of curb and gutter and 284 L.F. of alley section from the property line to 3' west centerline of all including the swale. Street improvements shall be in accordance with City Standards. All missing street improvements shallbe constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 25. The existing pedestrian ramp at the following location shall be removed and replaced with standard ramp complying with the A.D.A requirements and the Regional Standard Drawing Northwest comer of 22nd Street and Highland Avenue. 26. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 27. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them 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 City of National City Public Works as soon as filed. 28. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours. Resolution No. 2005 — 6 January 18, 2005 Page Eight 29. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 30. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 31. Separate water and sewer laterals shall be provided to each lot/parcel. 32. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 33. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 34. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 35. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 36. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 37. Before this Conditional Use Permit/ Tentative Subdivision Map 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/ Tentative Subdivision Map. 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/ Tentative Subdivision Map 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. Resolution No. 2005 — 6 January 18, 2005 Page Nine 38. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire or be extended concurrent with the Tentative Subdivision Map. 39. The developer shall install public streetscape improvements along all project site street frontages. The improvements shall be consistent with the Highland Avenue streetscape plan prepared by Estrada Land Planning. 40. The 65 residential parking spaces in the underground parking garage shall be distinguished from the commercial spaces and be designated solely for residential use through the use of signage and/or other physical means subject to review and approval by the Planning Director. Two residential spaces shall be assigned to each unit. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18th day of January, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2005 — 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE REDISCOVER NATIONAL CITY MARKETING/FEE FOR SERVICE SPONSORSHIP PROGRAM WHEREAS, the San Diego Unified Port District ("the District") desires to enter into an agreement with the City for the "Fiscal Year 2004/2005 Marketing/Fee for Service Sponsorship Program"; and WHEREAS, pursuant to said agreement the City, in exchange for up to $10,000 in funding from the District, would conduct advertisement and public relations activities promoting the City, and acknowledging the District's financial support and other contributions which the District has made toward enhancing the City's image. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the "Fiscal Year 2004/2005 Marketing/Fee for Service Sponsorship Program — Community Development Commission — Rediscover National City." Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of January, 2005. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES January 18, 2005 AGENDA ITEM NO. 6 ITEM TITLE PREPARED BY Maria Arcega-Dunn 336-4245 EXPLANATION Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for $10,000 seed money f9a)narketing the City. DEPARTMENT �{;ity anager Please see attached. Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2005 — 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE REDISCOVER NATIONAL CITY MARKETING/FEE FOR SERVICE SPONSORSHIP PROGRAM WHEREAS, the San Diego Unified Port District ("the District") desires to enter into an agreement with the City for the "Fiscal Year 2004/2005 Marketing/Fee for Service Sponsorship Program"; and WHEREAS, pursuant to said agreement the City, in exchange for up to $10,000 in funding from the District, would conduct advertisement and public relations activities promoting the City, and acknowledging the District's financial support and other contributions which the District has made toward enhancing the City's image. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the "Fiscal Year 2004/2005 Marketing/Fee for Service Sponsorship Program — Community Development Commission — Rediscover National City." Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of January, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Situation Analysis National City is the second oldest city in San Diego County. Although the City is undergoing a myriad of revitalization projects, many surrounding communities maintain a negative perception of the City due to its long history of crime and miles of run down neighborhoods. In a recent poll conducted by Di Zinno Thompson, more than half of those surveyed named National City Mile of Cars as the first thing they thought of when "The City of National City was mentioned. However, of those more than half had a negative perception of the City; calling it crime ridden, gang territory and a general eye sore. This widespread negative opinion not only affects the Mile of Cars, it affects the community, citizens and businesses as a whole. The Community Development Commission (CDC) has done a tremendous job of creating programs to attract new business and improve the quality of life in the City. Although the CDC is gaining traction, the Commission cannot go it alone. With a new group of concerned government officials taking office, including the installment of a new Public Information Officer / Director of News Media Relations, the City is ripe for building a coalition of community partners interested in creating a positive image for National City. Detailed below is Phase one of our objectives as well as our strategies and tactics for helping build a coalition of partners through Media image enhancement projects sponsored by the Port of San Diego. Once we have additional partners committed, we can provide a Phase II Plan that will include building out the community partnerships and highlighting them via strategic media relationships. Objective • To create an alliance among key influencers, media corporations, government entities and non-profit organizations that will result in a united front in changing the negative public perception surrounding National City • To showcase Port of San Diego as the entity leading the charge for a better tomorrow Strategies • Work with the mayor, city council, CDC and Port of San Diego to organize a Summit, bringing together those interested in furthering National City's growth interests and enhancing its image • Design and implement an effective media relations strategy that will culminate with day -of Summit coverage. • Highlight Port of San Diego's key role in this project through key messages, media materials and outreach efforts • Attract community partners to join a united front by demonstrating benefits and opportunities of such a coalition. Tactics Positioning & Messages The City will work with the Port of San Diego, the CDC and the mayor / council to create messages that speak to the Summit, the goals behind it, and the Port of San Diego's crucial role in making it all possible. These messages will serve as the backbone of the public relations campaign and partner outreach efforts, and will be refined when appropriate. Community Partner List Development Strategic alliances and partnerships will be key, along with media relations, in changing public perception surrounding National City. The Public Information Officer, CDC, the Port of San Diego and the mayor / council will work to develop a list of potential community partners from the following categories. • Corporate (i.e. Mile of Cars BID, Wal-Mart, SDG&E) • Non-profit (i.e. Irvine Foundation, Chamber of Commerce) • Government Agencies (i.e. city council, Port Authority) • Media (Le. News Organizations TV, Radio, Print) Media List Development We will build a customized media list for outreach surrounding the Summit. Targets will fall into the following broad (we have provided a small sampling) categories: • Summit Backgrounder • City Fact Sheet • Appropriate visuals (graphics, charts & head shots) • Marketing Solutions, Benefits and Opportunities to Partnership • Case studies • Applicable press materials News Bureau/Outreach It's important that we initiate momentum by drafting an initial press release for long lead media (i.e. San Diego Magazine, San Diego Metropolitan) and following up with a media alert for short lead media. The announcements will build excitement for the City, helping increase attendance and long-term participation. The press release and media alert will position the Port of San Diego as the key agency responsible for enhancing the Image of the City. Without a doubt, the core of any successful public relations campaign hinges on the agency's relationship with the media, and its ability to target the right publication with the ideal story. The city of National City recently hired a Public Information Officer / Dir. Of News Media Relations — Maria Arcega-Dunn Ms. Dunn isa longtime Broadcast journalist who is also currently a part time News Reporter and TV News Anchor for FOX 6 News. She understands the importance of perceptions and enjoys great relationships with the Television, Radio and Print Media Organizations not only locally but internationally. She can present the right angle with any number of journalists from the media target list. Exhibit :A Marketing Agreement By and between San Diego Unified Port District And City of National City — Community Development Commission CONSIDERATION: As called for in the Agreement by and between the SAN DIEGO UNIFIED PORT DISTRICT herein referred to as "District" and the CITY OF NATIONAL CITY — COMMUNITY DEVELOPMENT COMMISSION dated 2004. The City of National City, in exchange for monetary consideration, has agreed to provide the following marketing services. These services shall include but not be limited to: Marketing Service, Television 30 Second Commercial "Rediscover National City" will have the Port seal at the end of the commercial including the include "Sponsored by the Port of San Diego". Television Interviews with various stations during all time blocks (both English and Spanish) talk about how the Port has been an integral part of the Image Enhancement of the City. Invitations to events and Public Verbal "thanks" and recognition of Port's Contributions for the Image enhancement of the .City. Printed Advertisements including Recognition of the Port Sponsorship San Diego Union Tribune, Star News, La Prensa, Filipino Press — Ads — "Rediscover National City" Ads will feature " Sponsored by the Port of San Diego" including Port Seal. $2000 Flyers/Posters National City Community Services , City of National City, National City Chamber of Commerce, National City Library will have "Rediscover National City" Posters and Signage including "Sponsored by the Port of San Diego" including the PSD Seal. City Newsletter National City News Letter (Mailed to 16000 NC Households, and over Cost to Port $5,500 $2,000 $500 $500 1000 businesses) will feature a story recognizing the Port including the Seal for funds received which will help to enhance the Image of National City: Other Street Banners "Rediscover National City". National City Electronic Freeway Reader Boards : 3 Rediscover National City Readers sponsored by the Port of San Diego Bus Posters "Rediscover National City" featuring Port Seal Web Sites National City Website will feature the Port's Seal and a link to the Port's Website. TOTAL $1,000 $500 $10,000 DRIVER ALLIANT INSURANCE P.O. BOX 6450 PEW PORT BEACH, CA 92658-6450 (949) 756 0271 MEMORANDUM OF INSURANCE ISSUE DATE 01/05/05 AS A MATTER OF. NO RIGHTS UPON THIS MEMORANDUM OR ALTER THE SERVICES, INC. THIS MEMORANDUM IS ISSUED INFORMATION ONLY AND CONFERS THE MEMORANDUM HOLDER. DOES NOT AMEND, EXTEND, COVERAGE SHOWN BELOW. * INSURED SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY AND MEMBER AGENCY OF: FINANCING AUTHORITY COVERAGE AFFORDED BY LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY NATIONAL CITY JOINT POWERS 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 LETTER B: "San Diego Pooled Insurance Program Authority, A Public Agency." * MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. LTR TYPE OF COVERAGE MEMORANDUM NUMBER MEMORANDUM EFFECTIVE DATE MEMORANDUM EXPIRATION DATE LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY SELF INSURED 07/01/04 07/01/05 BI & PD COMBINED 100, N/A PERSONAL INJURY INCL. B EXCESS LIABILITY* * SDC 0019 07/01/04 07/01/05 BI&PD COMBINED 1,900, * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS DEVELOPMENT COMMISSION Al FISCAL YEAR 2004/2005 MARKETING / FEE FOR SERVICE SPONSORSHIP PROGRAM — COMMUNITY — REDISCOVER NATIONAL CITY AGREEMENT JULY 1, 2004 TO JUNE 30, 2005. ***THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LOSSES MEMORANDUM HOLDER CANCELLATION CONTRACTS WILL HEREON OR LIABILITY EXCEPT BE CANCELLED BEFORE THE ENDEAVOR TO MAIL 30 DAYS' BUT FAILURE TO MAIL SUCH OF ANY KIND UPON THE 10 DAYS FOR NON-PAYMENT OF SD UNIFIED PORT DISTRICT AUDIT AND RISK MANAGEMENT PO BOX 120488 SAN DIEGO, CA 92112-0488 SHOULD ANY OF THE ABOVE DESCRIBED EXPIRATION DATE THEREOF, THE AUTHORITY WRITTEN NOTICE TO THE HOLDER NAMED NOTICE SHALL IMPOSE NO OBLIGATION AUTHORITY, OR ITS REPRESENTATIVES. PREMIUM, AUTHORIZED SIGNATURE / G:U PUni 1\Sandpi pa\Sd-LiabilitykSd-Liab-cer<_Sd-Iiabpd.doc S Endorsement Per Contract Effective 7/1/04 Contract Number SDC 0019 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments / additions apply: 1. Section III — Persons and/or Entities Insured, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum of Insurance; and b. arises out of: 1. the normal course of the Named Insured's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Insured; or 3. work performed for that insured by the Named Insured; or 4. that Insured's financial control of the Named Insured; or 5. the maintenance, operation or Use by the Named Insured of any equipment or Automobile leased to you bysuch person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: the minimum limits of coverage which the Named Insured agreed to provide; or the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Insured ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0019 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at: Newport Beach this 5 day of January , 2005. By: Authorized Representative GVPUNMSANDPIPA\SD-LUBIUMSD-LIAR-CER\ SD•POOL.A.END.DOC City of National City, California COUNCIL AGENDA STATEMENT January 18, 2005 -.1EETING DATE AGENDA ITEM NO. 7 (ITEM TITLE WARRANT REGISTER #24 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Park Morse 619-336-4330 Ratification of Warrant Register #24 per Government Section Code 37208. EXT. Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Fina ce Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 862,882.71. BOARD 1 COMMISSION RECAMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #24 2. Workers Comp Warrant Register dated 12/08/04 Resolution No. A-200 (Rev. 7(03) City of National City WARRANT REGISTER # 24 12/14/04 Payee Description chk no chk date amount THE IDEA BANK PRINCIPAL FINANCIAL GROUP EXXONMOBIL/GECC ABRAMO ALTON AYRES SUITES BARBARA BARWOOD BARBEE BAUTISTA BAUTISTA BENNETT BERNADETTE BERNARDI BORNHAUSER BRUSO CANTWELL CARIGNAN CHECKPOINT SYSTEMS, INC. CHRIS MCFADDEN CHRISTINA CHILL CITY OF NATIONAL CITY CITY OF OXNARD COLEMAN CORONEL CUMMINS DE BROWN DIAZ FIRE SAFETY DVD'S AND VIDEOS:- 401K PPE 11/27/04 FUEL FOR SUPV VEHICLES TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/ CNCS) TRAVEL (LIT. INIT. XIII) MATERIALS & SUPPLIES (WOW) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) QUARTERLY TAXES TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) 197740 12/10/04 548.70 197741 12/10/04 2,312.92 197742 12/10/04 482.68 197743 12/14/04 57.45 197744 12/14/04 173.38 197745 12/14/04 297.73 197746 12/14/04 94.25 197747 12/14/04 159.70 197748 12/14/04 44.20 197749 12/14/04 32.64 197750 12/14/04 312.82 197751 12/14/04 138.75 197752 12/14/04 178.20 197753 12/14/04 49.23 197754 12/14/04 108.21 197755 12/14/04 288.00 197756 12/14/04 8,699.20 197757 12/14/04 16.00 197758 12/14/04 284.75 197759 12/14/04 496.67 197760 12/14/04 242.20 197761 12/14/04 138.50 197762 12/14/04 48.96 197763 12/14/04 64.06 197764 12/14/04 290.64 197765 12/14/04 351.70 1 City of National City WARRANT REGISTER # 24 12/14/04 Payee Description chk no chk date amount DODD TRAVEL (LIT. INIT. XIII) 197766 12/14/04 87.50 EASTMAN GBC-DIRECT/SVC/INTL GOODYEAR GOOLEY HEDGPETH HOKLOTUBBE ILLES JACKIE CLARY JAQUEZ JONES LAWSON-NORTH LEYCO LIPSCHULTZ LISA VALORE LITERACY VOLUNTEERS HBPL LITERACYWORKS LITERACYWORKS LITERACYWORKS LIU LIVERMORE PUBLIC LIBRARY LYNN MANELA MCCAFFREY MCCRORY MCGRAW MILLER TRAVEL (AMERICORPS/CNCS) MATERIALS & SUPPLIES (ELLI) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) EXPERT SERVICES (AMERICORPS/CNCS) EXPERT SERVICES (AMERICORPS/CNCS) EXPERT SERVICES (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) 197767 12/14/04 170.62 197768 12/14/04 129.09 197769 12/14/04 166.70 197770 12/14/04 252.00 197771 12/14/04 665.82 197772 12/14/04 56.00 197773 12/14/04 235.07 197774 12/14/04 135.00 197775 12/14/04 261.37 197776 12/14/04 198.45 197777 12/14/04 144.70 197778 12/14/04 6.43 197779 12/14/04 394.41 197780 12/14/04 80.25 197781 12/14/04 993.05 197782 12/14/04 17,356.36 197783 12/14/04 1,863.08 197784 12/14/04 1,324.15 197785 12/14/04 251.45 197786 12/14/04 47.00 197787 12/14/04 39.00 197788 12/14/04 164.70 197789 12/14/04 54.13 197790 12/14/04 226.25 197791 12/14/04 137.58 197792 12/14/04 39.60 2 Payee MILLER MILLER MITCHELL MORALES MULDOON MURDOCK NANCY N RENISH NELSON NEW READERS PRESS NGUYEN O'GRADY O'HARA OFFICE SUPPLIES PLUS PEDROZA PHILLIPS PILLING PLACENTIA LIBRARY DISTRICT PORFIRIO-MILTON PROJECT READ/SAN FRANCISCO QUILL CORPORATION RANDALL WEAVER RAWLINS REINKE RIOS ROBIN LEVY ROHDE RUSSELL City of National City WARRANT REGISTER # 24 12/14/04 ' Description TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) TRAVEL (LIT. INIT. XIII) BOOKS (LIT. SVCS. Y-2) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (PRIME TIME) OFFICE SUPPLIES (LIT. SERVICES Y-2) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) 'RAVEL (LIT. INIT. XIII) MATERIALS & SUPPLIES (ELLI) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL / OFF. SUPP/ (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) 'RAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) chk no chk date amount 197793 12/14/04 32.00 197794 12/14/04 236.95 197795 12/14/04 37.50 197796 12/14/04 100.44 197797 12/14/04 26.25 197798 12/14/04 44.00 197799 12/14/04 32.64 197800 12/14/04 84.50 197801 12/14/04 805.52 197802 12/14/04 206.20 197803 12/14/04 23.25 197804 12/14/04 252.09 197805 12/14/04 412.74 197806 12/14/04 96.70 197807 12/14/04 267.44 197808 12/14/04 131.70 197809 12/14/04 329.40 197810 12/14/04 38.00 197811 12/14/04 18.00 197812 12/14/04 160.81 197813 12/14/04 77.75 197814 12/14/04 117.75 197815 12/14/04 192.41 197816 12/14/04 62.56 197817 12/14/04 72.25 197818 12/14/04 270.00 197819 12/14/04 146.20 3 City of National City WARRANT REGISTER # 24 12/14/04 Payee Description chk no chk date amount SAN BERNARDINO COUNTY TRAVEL (LIT. INIT. XIII) 197820 12/14/04 289.40 SCOTT TRAVEL (LIT. INIT. XIII) 197821 12/14/04 432.45 SHERRY DROBNER TRAVEL (LIT. INIT. XIII) 197822 12/14/04 58.70 SWINK EXPERT SERVICES (PRIME TIME) 197823 12/14/04 707.50 TANTAMJARIK TRAVEL (AMERICORPS/CNCS) 197824 12/14/04 54.40 TIGH, TAMARIE TRAVEL (LIT. INIT. XIII) 197825 12/14/04 281.68 TORRES TRAVEL (LIT. INIT. XIII) 197826 12/14/04 144.70 TOSTI TRAVEL (LIT. INIT. XIII) 197827 12/14/04 73.50 TUNGATE TRAVEL (LIT. INIT. XIII) 197828 12/14/04 157.70 VIRGINIA WILSON TRAVEL (LIT. INIT. XIII) 197829 12/14/04 320.15 WADE TRAVEL (LIT. INIT. XIII) 197830 12/14/04 122.25 WASHINGTON TRAVEL (LIT. INIT. XIII) 197831 12/14/04 82.50 WEBB TRAVEL (LIT. INIT. XIII) 197832 12/14/04 46.00 WILLIAMS TRAVEL (LIT. INIT. XIII) 197833 12/14/04 75.00 WILLIAMS TRAVEL (LIT. INIT. XIII) 197834 12/14/04 223.95 WONG TRAVEL (LIT. INIT. XIII) 197835 12/14/04 34.50 WOODSON TRAVEL (LIT. INIT. XIII) 197836 12/14/04 311.45 WRIGHT TRAVEL (LIT. INIT. XIII) 197837 12/14/04 189.75 ZIKRATCH TRAVEL (LIT. INIT. XIII) 197838 12/14/04 152.62 AMERICAN LIBRARY ASSOC MEMBERSHIPS & SUBSCRIPTIONS 197839 12/14/04 150.00 BAKER & TAYLOR BOOKS 197840 12/14/04 751.65 BWI BOOKS 197841 12/14/04 59.22 CAMPBELL TRAVEL & SUBSISTENCE 197842 12/14/04 768.20 CITY OF NATIONAL CITY QUARTERLY TAXES 197843 12/14/04 124.43 FEDEX POSTAGE 197844 12/14/04 6.44 INFORMATION TODAY BOOKS 197845 12/14/04 305.95 JANIE ANDERSON, CFRE CONTRACT SERVICES(CAPITAL OUTLAY) 197846 12/14/04 3,695.11 4 Payee KELLEY BLUE BOOK MIDWEST TAPE OFFICE SUPPLIES PLUS QUILL CORPORATION RIVERDEEP-THE LEARNING COMPA ROWMAN & LITTLEFIELD PUB GRP SCHOLASTIC INC. SMART & FINAL THOMSON GALE U.S. POSTMASTER ABC WIPING CLOTH, INC ADAMSON INDUSTRIES (SOUTH) ADT SECURITY SERVICES ALL AMERICAN SEWER TOOLS ALPHA PROJECT AMERICAN FORENSIC NURSES BDS ENGINEERING INC BONITA PET HOSPITAL BOOT WORLD BUTLER'S MILL, INC. CA LIBRARY ASSOCIATION CALIFORNIA COMMERCIAL SECUR CALIFORNIA ELECTRIC SUPPLY CASHIER, DEPT OF PESTICIDE CDWG CEB City of National City WARRANT REGISTER # 24 12/14/04 ' Description BOOKS PHOTOGRAPHIC SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES MATERIALS AND SUPPLIES BOOKS BOOKS(CHECKING ACCOUNT) MATERIALS AND SUPPLIES BOOKS POSTAGE RAGS, COLORED T-SHIRTS chk no 197847 197848 197849 197850 197851 197852 197853 197854 197855 197856 197857 INV# 68882 -ALL LED RED/WHITE DOME LIGH 197858 QUARTERLY BILLING FOR SECURITY SERVIC 197859 WASHDOWN GUN, 800 PSI, 1/2 IN 197860 MONTHLY CHRGS FOR CLEANUP OF HOMELI197861 SUSPECT BLOOD WITHDRAWALS, URINE TES197862 PROF SRVCS MISC CONCRETE IMPROVEMEN197863 EMERGENCY ANIMAL CARE FOR STRAY ANI1197864 SAFETY BOOTS/GROFF MOP 45695 AMEND TOPSOIL ADVERTISEMENT PRINCIPAL LIBRARIAN MOP 45754-5 PIN STANDARD KEY MOP 45698 ELECTRICAL STOCK LICENSE RENEWAL/DON JASMUND SAMSUNG SYNCMASTER 710V 17" ACTIVE 197865 197866 197867 197868 197869 197870 197871 CA ADMIN HEARING PRACTICE 2004 UPDATE197872 CHAPMAN APPLIANCE SERV. INC. CHECK OUT DISPOSAL BEARINGS ARE NOISE 197873 chk date amount 12/14/04 64.35 12/14/04 207.98 12/14/04 189.64 12/14/04 129.63 12/14/04 34.01 12/14/04 54.75 12/14/04 781.86 12/14/04 27.58 12/14/04 1,117.80 12/14/04 222.00 12/14/04 46.12 12/14/04 427.55 12/14/04 282.02 12/14/04 278.99 12/14/04 6,861.08 12/14/04 1,679.00 12/14/04 3,500.00 12/14/04 270.64 12/14/04 125.00 12/14/04 85.66 12/14/04 150.00 12/14/04 106.04 12/14/04 87.43 12/14/04 120.00 12/14/04 1,076.16 12/14/04 115.86 12/14/04 105.00 5 City of National City WARRANT REGISTER # 24 12/14/04 Payee CITY CLERKS ASSOCIATION OF CA COLLINS STRATEGIC GROUP, INC. COMPUMASTER CORPORATE EXPRESS CORPORATE EXPRESS CSK AUTO (KRAGEN) CSMFO SAN DIEGO CHAPTER CYGNUS EXPOSITIONS DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DAY WIRELESS SYSTEMS DELL MARKETING CORP DEPARTMENT OF TRANSPORTATIO DIXIELINE LUMBER CO. DOUGLAS E. BARNHART, INC ESTERLY EXPERIAN FEDEX FERGUSON ENTERPRISES, INC GENERATOR POWER SYSTEMS GONZALEZ GROSSMAN PSYCHOLOGICAL ASS HANSON AGGREGATES PACIFIC HYDRO-SCAPE PRODUCTS INC. HYDRO-SCAPE PRODUCTS INC. HYDROTEX IIMC Description CCAC MEMBERSHIP DUES FACILITATOR FOR CPRC ADV REGIS 1'RATIONBISHOP & OSUNA MOP 45704-MISC OFFICE SUPPLIES MOP 45704-RUBBERBAND, BIG WINDSHIELD WASHER FLUID chk no 197874 197875 197876 197877 197878 197879 CSMFO/CMTA LUNCHEON MEETING -A LOPE2197880 CONFERENCE SUBSCRIPTION TIRES 197881 197882 MAINTENANCE AND REPAIRS FOR NON-SAF 197883 TECH SERVICE TO INSTALL ANTENNA. 197884 DELL INSPIRON 8600 LAPTOP COMPUTER, M 197885 HIGHWAY LIGHTING OCT 2004 197886 MOP 45707 PAINT STOCK 197887 SRVCS THROUGH NOV 30, 2004-CONSTRCTN 1197888 REIMBURSEMENT FOR MILEAGE/ESTERLY 197889 CREDIT CHECKS FOR NEW PD EMPLOYEES Fi 197890 FEDEX CHRGS MOP 45723-GATE VALVE OIL FILTER REFUND FOR CRIME REPORT FEES 197891 197892 197893 197894 PRE -EMPLOYMENT PSYCHOLOGICAL EXAM5197895 SHEET MIX ASPHALT &,, $31.25/TON. MOP 45720-COVERS MOP 45720 COVERS 197896 197897 197898 1E POLARIS AUTOMOTIVEOI (OIL SAMPLING 197899 ANNUAL IIMC MEMBER FEE THROUGH 12/31/197900 chk date amount 12/14/04 220.00 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 12/14/04 4,531.25 498.00 258.15 2.16 25.54 25.00 3,475.00 1,669.16 545.91 131.17 7,938.37 6,163.55 2,283.83 18,262.00 189.00 141.20 105.85 423.46 800.35 10.00 3,120.00 64.97 73.61 4.43 1,569.68 100.00 City of National City WARRANT REGISTER # 24 12/14/04 Payee IKON OFFICE SOLUTIONS INGERSOLL-RAND COMPANY INTEGRATED OFFICE SYSTEMS IRON MOUNTAIN RECORDS MGMT JANNEY & JANNEY ATTY SRVC, IN JEFF KATZ ARCHITECTURE JUDD ELECTRIC KREINES & KREINES INC LEXISNEXIS MARCOTTE & HEARNE BUILDERS MAXIMUS, INC. MILLINER MINUTEMAN PRESS MONTGOMERY KONE, INC. MR. MILLER NATIONAL CITY TROPHY NATIONAL CITY TROPHY NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS NIXON-EGLI EQUIPMENT CO. PANLAQUI DEL ROSARIO PBS&J PERRY FORD PERVO TRAFFIC CENTER PRUDENTIAL OVERALL SUPPLY REMMERS RON BAKER CHEVROLET-GEO-ISU Description chk no MAINTENANCE FOR RICOH VT6000 DUPLICA'197901 PREVENTIVE MAINTENANCE SERVICE ON AI197902 MOP 46150 -SERVICE TYPEWRITER STORAGE FEES 12/31/04 DECEMBER 2004 RETAINER FEE NOV 30, 2004 SRVCS NC HALL REMODEL INVOICE #4081- LABOR AND MATERIAL TO RENEWAL PLANWIRELESS SUBSCRIPTION NAT CITY CODE PRINT SUPP #10 NOV 2004 197903 197904 197905 197906 197907 197908 197909 NOV 30 2004 CONSTRCTN SRVCS FIRE STATI(197910 'CITY-WIDE USER FEE' STUDY CLAIMS RELEASE MOP 47939-OUT OF SERVICE SIGNS SERVICE ON THE ELEVATOR AT THE CIVIC ANNUAL CHAPTER FUND RAISER 197911 197912 197913 197914 197915 MOP 66556 -BRASS PLATE FOR RUDY ESTRAL197916 MOP 66556-RECOGNITION WOOD PLAQUE UN197917 09-0528 CATERING FOR EOC DRILL, CATERING FOR WORKSHOP DEC 02, 2004 UPPER ELEVATOR PLATE CLAIMS RELEASE 197918 197919 197920 197921 AGREEMENT TO PROVIDE FINANCIAL SERVI197922 INV#FOCS103602 - DRIVE AXLE MOP 63846-SFTY VESTS FOR ENG CREWS MOP 45742-LAUNDRY SHIRTS/PANTS 197923 197924 197925 REIMB MEALS/PARKING/MILEAGE-RTEMME1197926 METAL WORK 197927 chk date amount 12/14/04 125.00 12/14/04 280.00 12/14/04 118.00 12/14/04 75.00 12/14/04 50.00 12/14/04 461.54 12/14/04 2,323.31 12/14/04 30.00 12/14/04 1,540.48 12/14/04 182,203.54 12/14/04 5,677.50 12/14/04 160.00 12/14/04 125.53 12/14/04 160.50 12/14/04 50.00 12/14/04 63.03 12/14/04 99.67 12/14/04 171.80 12/14/04 90.00 12/14/04 742.29 12/14/04 354.13 12/14/04 979.34 12/14/04 1,627.35 12/14/04 149.99 12/14/04 69.41 12/14/04 204.39 12/14/04 1,356.55 Payee S.D. ROTARY BROOM CO. INC. SAN DIEGO GAS & ELECTRIC SIRCHIE FINGERPRINT LAB, INC. SOUTHLAND TECHNOLOGY, INC. SOUTHWEST SIGNAL SERVICE, IN ST MATTHEW'S EPISCOPAL CHURC STADILLE & ASSOCIATES STARTECH COMPUTERS STRASEN THE STAR NEWS TOLEDO U.S. HEALTHWORKS U.S. HEALTHWORKS UNION TRIBUNE, PUBLISHING CO UNISOURCE MAINTENANCE SUPPL USA FITNESS DIRECT VALLEY INDUSTRIAL SPECIALTIES WESTFLEX INDUSTRIAL WURBS ZUMAR INDUSTRIES "SPIRIT OF THE HOLIDAYS" ASSOCIATED TOWING AT SYSTEMS WEST INC BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 CORPORATE EXPRESS COUNTY OF SAN DIEGO City of National City WARRANT REGISTER # 24 12/14/04 ' Description MOP 62683 SWEEPER REPAIR PROPERTY TAXES 2ND HALF 2003 - 2004 LAB SUPPLIES HP LASERJET 1160 PRINTER, 2OPPM, NOV 2004 TRAFFIC SIGNAL/ST LIGHTING SRN/197932 REFUND OF PERMIT FEE/EPISCOPAL CHURCF197933 CONSULTING SRVCS FEES MOP 61744 COMPUTER SUPPLIES REIMB FOR MEALS/MILEAGE-STRASEN PROOF OF PUBLICATION NC14386 REIMBURSEMENT FOR MILEAGE/TOLEDO MEDICAL SERVICES NOV 2004 MEDICAL EXAMINATIONS NOV 2004 ADVERTISEMENT PRINCIPAL PLANNER BUTCHER PAPER LIFECYCLE #9500 UHR EXERCYCLE, BELT MOP 46453-POOL/CIVIC CNTR SUPPLIES INV#151626 - 3" VALVE REPAIR KIT REPLACE DIRECT DEPOSIT RET BY BOFA MISC STREET SUPPLIES CHRISTMAS DONATION TOWED BUS #6009 FROM 4TH/EUCLID TO YA1197949 MONEY TRUCK DEC. '04 PAYROLL CK DTD 12/03/04 MAINT LAUNDRY SERVICE OFFICE SUPPLIES PPE 11/27/04 - CLARENCE HOPKINS chk no chk date amount 197928 12/14/04 185.86 197929 12/14/04 330.52 197930 12/14/04 113.00 197931 12/14/04 2,543.98 12/14/04 7,956.98 12/14/04 40.00 197934 12/14/04 343.25 197935 12/14/04 1,074.81 197936 12/14/04 89.98 197937 12/14/04 171.69 197938 12/14/04 616.20 197939 12/14/04 750.00 197940 12/14/04 170.00 197941 12/14/04 457.87 197942 12/14/04 184.25 197943 12/14/04 4,249.81 197944 12/14/04 332.58 197945 12/14/04 1,296.36 197946 12/14/04 100.00 197947 12/14/04 1,893.71 197948 12/14/04 150.00 12/14/04 650.00 197950 12/14/04 345.05 197951 12/14/04 44,749.94 197952 12/14/04 224.48 197953 12/14/04 70.23 197954 12/14/04 258.05 8 City of National City WARRANT REGISTER # 24 12/14/04 Payee COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CRUM & FORSTER DIXIELINE LUMBER CO FIVE STAR MEDIA INDUSTRIAL SUPPLY DISTRIBUTOR JIM'S GLASS & SCREENS KAMAN INDUSTRIAL TECHNOLOGI MATA ENTERPRISES NATIONAL CITY TROPHY NEW FLYER PARTS PRUDENTIAL INSURANCE SAN DIEGO GAS & ELECTRIC SAN DIEGO TRANSIT STATE OF CALIFORNIA Description PPE 11/27/04 - ALBERTO TORRES PPE 11/27/04 - SHERRY LOGEL WORKERS COMP ADJUSTMENT SHOP SUPPLIES chk no 197955 197956 197957 197958 NEW YEARS DRINKING & DRIVING ADVERTI 197959 GLOVES LABOR FOR INSTALLING GLASS #7 ON BUS 001 GAT 19B 1 250PSI PLANT MASTER M.P ELECTRICAL SERVICE CALL PLAQUE FOR JAMES LEONARD MAN SLACK ADJUSTER REAR LIFE INSURANCE - DEC. 04 ELECTRIC 10/28/04 - 11/03/04 TELE INFO - JULY - OCT. '04 PPE 11/27/04 - CHERLYN MATA SUPERIOR CLEANING EQUIPMENT MICRON ELEMENT THE HOME DEPOT CRC THE LIGHTHOUSE THE SOCO GROUP INC JEFF KATZ ARCHITECTURE MARCOTTE & HEARNE BUILDERS MODULAR BUILDING CONCEPTS, I RUDOLPH AND SLETTEN, INC PLUMBING - WATER OUTLET & NIPPLE WIPERBLADE DIESEL FUEL NOV 2004 SRVC CONSTRCTN MGT FIRE STAT 200082 197960 197961 197962 197963 197964 197965 197966 197967 197968 197969 197970 197971 197972 197973 NOV 30 2004 CONSTRCTN SRVCS FIRE STATIC 200083 DELIVERY AND INSTALLATION OF MODULA 200084 CONSTRUCTION MGT SRVCS 11/30/04 FIRE S1200085 chk date amount 12/14/04 150.00 12/14/04 23.04 12/14/04 4,238.00 12/14/04 122.22 12/14/04 499.00 12/14/04 176.49 12/14/04 278.92 12/14/04 48.72 12/14/04 410.00 12/14/04 80.81 12/14/04 731.80 12/14/04 225.10 12/14/04 2,137.58 12/14/04 12,054.60 12/14/04 85.00 12/14/04 466.19 12/14/04 8.92 12/14/04 118.27 12/14/04 14,316.45 12/14/04 5,400.00 12/14/04 389,632.16 12/14/04 3,400.97 12/14/04 30,858.00 Total $ 860,162.53 Workers compensation checks 9254 12/8/04 320.00 9255 12/8/04 370.00 9 City of National City WARRANT REGISTER # 24 12/14/04 ' Payee Description chk no chk date 9256 12/8/04 9257 12/8/04 9258 9259 9260 9261 9263 9264 9265 9266 9267 9268 9269 9270 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 12/8/04 amount 32.30 39.22 118.46 118.46 118.46 25.84 401.18 223.44 71.90 47.39 32.06 378.17 364.01 59.29 Total $ 2,720.18 *CK#197741-197742 *CK#197743-197856 *CK#197948-197973 *CK#200082-200085 Grand Total — TRANSIT WARRANTS 2 CHECKS $ 2,795.60 — LIBRARY WARRANTS 114 CHECKS $ 54,770.85 — TRANSIT WARRANTS 26 CHECKS $ 82,618.86 — PAID OUT OF HUD GUARANTEED LOAN FUND FOR THE CONSTRUCTION OF THE NEW FIRE STATION. 4 CHECKS $429,291.13 862,882.71 10 City of National City WARRANT REGISTER #24 12/14/04 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 172 TRASH RATE STABILIZATION FUND 189 CIVIC CENTER REFURBISHING 211 SECURITY AND ALARM REGULATIO 222 WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY IN 226 LIBRARY LITERACY AWARENESS PR 241 NATIONAL CITY LIBRARY STATE GR 242 N. CITY LIBRARY MATCHING FUND 250 NEW FIRE STATION CONSTRUCTION 252 AMERICORPS/CNCS GRANT 254 LEAD -BASED PAINT HAZARD REDUC 274 LITERACY INITIATIVE XIII 276 LITERACY SERVICES YEAR 2 277 NC PUBLIC LIBRARY DONATIONS F 278 AMERICORPS LSTA GRANT II 279 PRIME TIME FAMILY READING TIME 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENA 630 OFFICE EQUIPMENT DEPRECIATION 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND TOTAL 45,765.03 4,213.63 385.63 3,695.11 1,893.71 79.15 89.98 1,258.33 6,861.08 461.54 40.00 8,699.20 417.11 404.16 13,253.87 7,136.68 429,291.13 21,865.22 38.85 12,715.38 1,081.21 781.86 4.34 893.63 3,535.51 182,203.54 85,414.46 5,296.00 4,137.56 1,885.63 988.61 9,352.56 139.29 8,603.72 862,882.71 11 City of National City, California COUNCIL AGENDA STATEMENT January 18, 2005 AEETING DATE AGENDA ITEM NO. 8 ITEM TITLE WARRANT REGISTER #25 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Park Morse 619-336-4330 Ratification of Warrant Register #25 per Government Section Code 37208. EXT. Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Fi ante Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,712,958.61. BOARD / COMMISSION REC MENDATION /4-0 &4 ATTACHMENTS ( Listed Below ) 1. Warrant Register #25 2. Workers Comp Warrant Register dated 12/15/04 3. Payroll Warrant Register dated 12/15/04 Resolution No. A-200 (Rev. 7/03) Payee City of National City WARRANT REGIS'PF,R ft25 12/21/04 Description chk no chk date amount WATTS REIMB FOR 2 CHRISTMAS TREES 197974 12/16/04 318.94 MATIENZO RETIREE HEALTH BENEFITS NOV & DEC 2004 197975 12/16/04 200.00 SEE'S CANDIES EMPLOYEE PROMOTIONAL OFFER 197976 12/17/04 606.50 CINTAS CORPORATION #694 DRIVER & SUPERVISOR UNIFORMS 197977 12/17/04 518.28 CINTAS CORPORATION #694 DRIVER & SUPERISOR UNIFORMS 197978 12/17/04 6,859.58 GREAT AMERICAN INSURANCE CO WORKER COMP - 12/21/04 197979 12/17/04 10,672.92 ACE UNIFORMS & ACCESSORIES,INC UNIFORM FOR RAY CRAWFORD 197980 12/21/04 157.29 ADDICTION MEDICINE CONSULTANTS DRUG & ALCOHOL TESTING 197981 12/21/04 800.00 AT&T WIRELESS SERVICES WIRELESS SERVICE #043-739367 197982 12/21/04 52.07 AYRES HOTEL ADVANCED LODGING/SMITH 197983 12/21/04 1,201.08 BDS ENGINEERING INC REVIEW MAP 18TH & LANOITAN T&A 767 197984 12/21/04 450.00 BDS ENGINEERING INC REVIEW FINAL MAP MST & 9TH ST T&A 788 197985 12/21/04 450.00 BDS ENGINEERING INC M & 9TH ST REVIEW FINAL MAP T&A 788 197986 12/21/04 110.00 BUTLER'S MILL, INC. MOP 45695-AMENDED TOPSOIL 197987 12/21/04 85.66 CACE CACE MEMBERSHIP/ROGER POST 197988 12/21/04 40.00 CALIFORNIA CD IMAGING CENTER DOCUMENT IMAGING SERVICES 197989 12/21/04 8,104.32 CDWG HP COLOR LASERJET PRINTER #4650DN, 197990 12/21/04 2,148.84 CEB CA GOVERNMENT TORT LIABILITY 4TH UPDA 197991 12/21/04 108.31 CHOICEPOINT AUTO TRACK DATABASE - UNLIMITED ACCES 197992 12/21/04 100.00 COMPUTER PROTECTION TECH.,INC EMERGENCY SERVICE CALL 197993 12/21/04 460.00 CORPORATE EXPRESS MOP 45704 BOOK APPT WK 197994 12/21/04 3.96 D-MAX ENGINEERING INC NOVEMBER 2004 SERVICES 197995 12/21/04 27,334.68 DAY WIRELESS SYSTEMS REPLACEMENT PARTS FOR THE 800 MHZ RAD 197996 12/21/04 300.00 DEL BOSQUE BUSINESS LICENSE REFUND 197997 12/21/04 50.00 DELL MARKETING CORP POWER EDGE 2850 WITH 6 HARD DRIVES, ON 197998 12/21/04 10,644.55 1 DELTA DENTAL DENTAL INS DEC 2004 197999 12/21/04 15,271.61 DELTACARE (PMI) DENTAL INS DEC 2004 198000 12/21/04 3,443.68 DEPT OF ENVIRONMENTAL HEALTH POOL PLAN CHECK FEES TO 2 POOLS 198001 12/21/04 1,050.00 DICERCHIO RETIREE HEALTH BENEFITS DEC 2004 198002 12/21/04 70.00 DISCOUNT SPECIALTY CHEMICALS ANTI BACTERIAL SOAP 198003 12/21/04 179.69 DOKKEN ENGINEERING NOV. 1-NOV 30 2004 SERVICES 198004 12/21/04 27,292.62 ' FEDEX FEDEX PACKAGE OF CA CITIES PAPERWORK 198005 12/21/04 17.70 FEDEX KINKO'S BUSINESS CARDS/LIN WURBS 198006 12/21/04 48.49 FIRE ETC PELICAN SUPERSABRELITE P2000 198007 12/21/04 263.99 FLAMINGO HOTEL ADVANCED LODGING/KING 198008 12/21/04 430.55 FON-JON KENNELS KENNEL FOR POLICE K9'S WHILE OFFICERS 198009 12/21/04 280.00 FORTIS BENEFITS INSURANCE CO LIFE INS DEC 2004 198010 12/21/04 1,913.28 FRANK & SON PAVING SERVICES 11/22/04-12/10/04 198011 12/21/04 332,679.19 GARCIA REND DUPLICATE PMT CITATION#NC23091105• 198012 12/21/04 110.00 GONZALEZ PAYROLL CK#31171 LOST BY EMPLOYEE/JULL 198013 12/21/04 312.89 HEALTH DIMENSIONS ANNUAL HEALTH EXPO 01/12/05 198014 12/21/04 900.00 IKON OFFICE SOLUTIONS/IOS COPIER METER READINGS FOR FY0405 198015 12/21/04 13,498.97 JOE A. GONSALVES & SON DEC 2004 LEGISLATIVE ADVOCACY SRVCS 198016 12/21/04 3,500.00 JULIAN VILLAGOMEZ EDUC REIMB/JULIAN VILLAGOMEZ 198017 12/21/04 200.00 JUSTICE TRAINING INSTITUTE ADVANCED TUITION/KING 198018 12/21/04 416.00 KINKO'S NATIONAL FS B& W S/S PASTEL ASTRO COLOR 198019 12/21/04 130.38 LEAGUE OF CALIFORNIA CITIES 2005 MEMBRSHP DUES FOR CALENDAR YR 201 198020 12/21/04 14,597.00 LEXIS-NEXIS ONLINE CHARGES FOR NOV 2004 198021 12/21/04 132.77 MANNING & MARDER ATTY SRVCS THROUGH NOV 30, 2004 198022 12/21/04 954.25 MICHAEL KING ADV MEALS/RENTAL CAR/KING 198023 12/21/04 349.00 MONTGOMERY KONE, INC. HELPER STRAIGHT TIME TO COMPLETE STATI 198024 12/21/04 1,868.08 MOTIVATIONAL SYSTEMS INC ILLUMINATED DISPLAY SIGNS 198025 12/21/04 12,919.75 N C CHAMBER OF COMMERCE RETIREMENT DINNER FOR EDITH HUGHES 198026 12/21/04 60.00 NATIONAL CITY CHAMBER OF CHAMBER/RETIREMENT DINNER FOR EDITII 198027 12/21/04 90.00 NC SENIOR NUTRITION PROGRAMS SWEARING IN CEREMONY DEC 07, 2004 198028 12/21/04 310.00 NEXTEL COMMUNICATIONS WIRELESS SERVICES -. 198029 12/21/04 62.23 NEXUS INTEGRATION SERVICES PHONE 'MOVE- ADD- CHANGE' SERVICES, AS 198030 12/21/04 2,104.00 7 ORANGE COUNTY SHERIFFS DEPT ADVENCED TUITION/SMITH 198031 12/21/04 102.00 PEACE OFFICERS RESEARCH PORAC/PEACE OFFICER RESEARCH ASSOC 198032 12/21/04 70.00 PENA EVENT SERVICES EVENT COORDINATION LEAGUE OF CA CITIE,' 198033 12/21/04 1,406.96 PORAC LEGAL DEFENSE FUND LEGAL DEFENSE FUND FOR RESERVE JAN-MA 198034 12/21/04 84.00 PORTILLO CONCRETE, 1NC. SERVICES 11/1-11/30/04 198035 12/21/04 90,558.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWEL MAINTENANCE 198036 12/21/04 67.60 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12-04-3 198037 12/21/04 61,579.18 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#10093014384 198038 12/21/04 26,751.76 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#29728110755 198039 12/21/04 14,845.60 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#98917081416 198040 12/21/04 3,897.81 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#10091911839 198041 12/21/04 2,893.29 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/SEWER#10092646814 198042 12/21/04 85.10 SAN DIEGO GAS & ELECTRIC ELECTRIC BTLL/SEWER#29491892373 198043 12/21/04 54.62 SBC/MCI TELECOMMUNICATION #619-474-0623-035 198044 12/21/04 1,190.21 SHERATON GRAND HOTEL HOTEL ARRANGEMENTS 198045 12/21/04 579.32 SILVA TRAVEL EXP/FIRE TRAINING/LARRY SILVA 198046 12/21/04 64.80 SMITH ADVANCED MEALS/MILEAGE/SMITH 198047 12/21/04 520.76 SWEETWATER AUTHORITY WATER BILLS/FACILITIES 12 ACCTS 198048 12/21/04 9,027.63 SWEETWATER AUTHORITY WATER BILLS/STREET 10 ACCTS 198049 12/21/04 2,359.18 TETRA TECH, INC. WALK PARCEL MAP L NORTH OF PLAZA T&A 198050 12/21/04 1,038.50 THE BAY PARK HOTEL ADVANCED LODGING/WILKINS 198051 12/21/04 1,240.80 THE STAR NEWS BOARDS AND COMMITTEES NC14390 198052 12/21/04 117.88 UCMC: UNIV. COMMUNITY MEDICAL SEXUAL ASSAULT (SART) EXAMS AS NEEDED 198053 12/21/04 525.00 UNDERGROUND SERV ALERT UNDERGROUND SERVICE/DECEMBER 198054 12/21/04 147.00 UNIVAR USA INC. GUNJET SPRAY GUN AA-43-H-8, 667509 198055 12/21/04 145.47 VERIZON WIRELESS WIRELESS SRVCS #570210396-00001 198056 12/21/04 3,116.95 WEST GROUP PAYMENT CENTER ON-LINE CHARGES FOR NOV 2004 198057 12/21/04 1,331.28 WEST GROUP PAYMENT CENTER WET GROUP CODES 198058 12/21/04 133.17 WILKINS ADV MEALS & CAR RENTAL/WILKINS 198059 12/21/04 794.00 WOOD & WOOD A1TY SRVCS FRISBIE VS CNC 198060 12/21/04 5,241.50 WOOD & WOOD ATTY SRVCS HANKS VS. CNC 198061 12/21/04 373.00 3 ALCATRAZ LOCK & KEY SERVICE CHARGE 198062 12/21/04 147.71 BUCK PETROLEUM CO AF 50/50- 198063 12/21/04 345.35 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 198064 12/21/04 371.38 COLORALL TECHNOLOGIES BUS REPAIRS AS NEEDED FOR FY0405 198065 12/21/04 725.00 CUMMINS CAL PACIFIC, LLC BUS PARTS AS NEEDED FOR FY05 198066 12/21/04 29.07 EW TRUCK & EQUIPMENT CO INC AUTOMOTIVE PARTS AS NEEDED FOR FY0405 198067 12/21/04 863.34 FEDEX SHIPPING CHARGES 198068 12/21/04 43.40 FIRST ADVANTAGE CORPORATION RANDOM LIST 198069 12/21/04 575.00 HTRECHECK, INC. BACKGROUND CHECK 198070 12/21/04 187.80 JANKOVICH COMPANY DIESEL FUEL 198071 12/21/04 11,218.83 KIRK'S RADIATOR & AUTO AIR INC ROD OUT & REPAIR BOLT -ON RADIATOR 198072 12/21/04 398.95 L.C. TURBO TURBO HX40W REBUILD 3594997 198073 12/21/04 608.79 LASER SAVER INC COLOR INKJET CARTRIDGE 198074 12/21/04 103.72 NAPA AUTO PARTS AUTO PARTS 198075 12/21/04 31.85 SAFETY-KLEEN SYSTEMS, INC. WASTE REMOVAL 198076 12/21/04 1,563.15 SAN DIEGO FRICTION PROD. BUS PARTS AS NEEDED FOR FY05 198077 12/21/04 4,160.48 SPARKLETTS WATER 11/05/04 - 12/06/04 198078 12/21/04 124.35 WEBSTER PATRIOTIC RIBBON DECAL 198079 12/21/04 135.00 Workers compensation checks Total 759,208.64 9271 12/15/04 83.94 9272 12/15/04 262.02 9273 12/15/04 39.98 9274 12/15/04 60.95 9275 12/15/04 39.98 9276 12/15/04 139.15 9277 12/15/04 - 45.08 9278 12/15/04 45.08 9279 12/15/04 45.57 9280 12/15/04 322.54 9281 12/15/04 1,973.92 4 9282 12/15/04 57.00 9283 12/15/04 133.30 9284 12/15/04 412.98 9285 12/15/04 74.50 9286 12/15/04 278.74 9287 12/15/04 8.66 9288 12/15/04 95.59 9289 12/15/04 162.33 9290 12/15/04 27.84 9291 12/15/04 16.23 9292 12/15/04 137.63 9293 12/15/04 927.75 9294 12/15/04 207.60 9295 12/15/04 3,240.00 9296 12/15/04 35.70 9297 12/15/04 96.28 9298 12/15/04 557.18 9299 12/15/04 1,048.80 9300 12/15/04 59.29 9301 12/15/04 33.25 9302 12/15/04 76.32 9303 12/15/04 1,569.78 9304 12/15/04 117.17 9305 12/15/04 50.00 9306 12/15/04 45.00 9307 12/15/04 148.57 9308 12/15/04 237.13 9309 12/15/04 94.30 9310 12/15/04 3,593.19 9311 12/15/04 79.86 9312 12/15/04 619.37 9313 12/15/04 96.27 S Pay period Start Date End Date Check Date Payroll Transit Warrants Total 9314 12/15/04 2,888.28 9315 12/15/04 86.84 9316 12/15/04 73.80 9317 12/15/04 95.26 9318 12/15/04 78.83 9319 12/15/04 124.83 9320 12/15/04 2,400.00 9321 12/15/04 320.00 9322 12/15/04 370.00 9323 12/15/04 1,116.42 9324 12/15/04 49,419.71 9325 12/15/04 6,876.00 81,245.79 11/23/04 12/6/04 12/15/04 Total 872,504.18 GRAND TOTAL 1,712,958.61 CK# 198062 - 198079 18 Checks $21,633.17 F City of National City Warrant Register # 25 12/21/04 001 GENERAL FUND 751,570.70 104 LIBRARY FUND 23,371.54 105 PARKS MAINTENANCE FUND 18,342.55 111 P.O.S.T. FUND 5,054.19 125 SEWER SERVICE FUND 41,992.21 135 SD COUNTY REG AUTO THEFT TASK 2,615.55 147 GRANT -JUDGE PROGRAM 1,292.41 154 STATE PUBLIC LIBRARY FUND 842.02 171 LIBRARY SCHOOL DISTRICT CNTRCT 572.19 172 TRASH RATE STABILIZATION FUND 1,652.18 173 NATIONAL SCHOOL DIST CONTRACT 2,418.40 174 SWEETWATER SCHOOL DIST CONTRAC 5,244.98 188 GRANT - HIDTA 1,929.50 196 CAPITAL PROJECT RESERVE 90,558.00 211 SECURITY AND ALARM REGULATION FUND 1,258.56 212 PERSONNEL COMPENSATION FUND 63,814.87 222 WOW MOBILE GRANT FY 2000-2001 3,065.00 230 ABANDONED VEHICLE ABATEMENT GRANT 2,838.01 231 HOUSING PILOT PROGRAM 2,205.51 241 NATIONAL CITY LIBRARY STATE GRANT 6,918.96 242 N. CITY LIBRARY MATCHING FUND 3,725.59 246 WINGS GRANT 24,351.60 252 AMERICORPS/CNCS GRANT 3,461.62 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 5,544.33 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,107.56 274 LITERACY INITIATIVE XIII 1,009.02 275 EASY VOTER GUIDE GRANT 418.63 276 LITERACY SERVICES YEAR 2 868.79 301 GRANT-C.D.B.G. 10,927.91 302 CDC PAYMENTS 15,992.33 307 PROPOSITION A" FUND 344,414.36 312 STP LOCAL/TRANSNET HIGHWAY 19,425.71 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 1,050.00 552 TDA 39,683.95 626 FACILITIES MAINT FUND 45,460.24 627 LIABILITY INS. FUND 91,455.38 628 GENERAL SERVICES FUND 18,642.89 629 INFORMATION SYSTEMS MAINTENANC 4,619.13 630 OFFICE EQUIPMENT DEPRECIATION 8,402.35 7 631 TELECOMMUNICATIONS REVOLVING 11,030.08 632 GENERAL ACCOUNTING SERVICES 17,102.62 643 MOTOR VEHICLE SVC FUND 11,269.91 723 PROMO ITEMS FOR EMPLOYEE BENEFIT 606.50 724 COBRA/RETIREE INSURANCE 782.28 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 2,048.50 Total 1,712,958.61 City of National City, California COUNCIL AGENDA STATEMENT `EETING DATE January 18, 2005 AGENDA ITEM NO. 9 ITEM TITLE CLAIM FOR DAMAGES: Wismar Gonzalez PREPARED BY Michael R. Dalla, CMCEPARTMENT City Clerk EXPLANATION The claim of Wismar Gonzalez arises from an occurrence on December 22, 2004 and was filed with the City Clerk's Office on January 4, 2005 CEnvironmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE January 18, 2005 AGENDA ITEM NO. 10 ITEM TITLE Public Hearing — Conditional Use Permit for a Wireless Communications Facility on National City Middle School Property at 1701 D Avenue. (Applicant: Tetra Tech Communications. for Nextel) (Case File CUP-2004-12) PREPARED BY Martin Reede 336-4310 DEPARTMENT Planning EXT. EXPLANATIONfhe Planning Commission held a public hearing on this item at their November 15, 2004 meeting. The City Council set the matter for hearing on December 21, 2004 asking that the applicant provide health and safety information for the antennas, and that a representative from Sweetwater Union High School District be present at the next meeting. The attached background report describes the proposal in detail; attachment number 7, Radio Frequency Compliance Form, along with summary information, has been provided by the applicant. An updated list and map of existing wireless facilities in National City is also attached. i Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Approved By: Finance Director Account No. Staff concurs with the decision of the Planning CoP mmission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Baca, Martinelli, Reynolds, Graham Absent: Pruitt, Carrillo, Saludares Ayes: Alvarado, Flores, ATTACHMENS Listed Below ) 1.Backgroun. Report 2. PC Resolution No. 42-2004 with Findings and Conditions of Approval. 3. Location Map 4. Photo Simulation & Site Photographs Resolution No. 5. Proposed Exemption 6. Application & Project Plans 7. Radio Frequency Compliance Information 8. Wireless Facilities in National City A.200 (Rev. 7/03) BACKGROUND REPORT The project site is in the southeast corner of the playing field at National City Middle School, adjacent to East 18th Street and Otis Elementary School, in the Civic Institutional -Open Space Zone. Vegetation in the area consists of the grass playing field and shrubbery along 18th Street. The 18th Street right-of- way has mature trees along both sides of the street, the closest being a large mature palm 30 feet to the east. The site is approximately eight feet lower than the adjacent sidewalk along 18th Street, and approximately nine feet from the eastern and southern property lines. The applicant proposes to install a 47-foot high artificial broadleaf tree, with twelve panel antennas, and a 230 square foot equipment shelter. The shelter is proposed to be 11'/Z feet by 20 feet by 101/4 feet high, and will be in place of an existing shipping container of the same size (the container will be relocated to another, currently unknown, site on the property). The shelter would be of modular construction, with a stucco finish to match school buildings, and would feature two 1-inch thick circular GPS antennas, approximately 5 inches in diameter, and a small awning on the north side of shelter (opposite the sidewalk -facing side). No landscaping is proposed. The original project submittal for this property was proposed at a different location, on a playing field next to the tennis courts but conflicted with school development plans. The proposal was revised and was resubmitted in the current configuration. This project is one of only two artificial broadleaf trees proposed in the City. The Planning Commission approved a similar design at National City Plaza at Euclid Avenue and Division Street in October of this year. The new proposal is a good example of a stealth facility, consistent with City policy. Samples of the proposed leaves and bark have been received, along with photo simulations of the project. The antennas are proposed to project approximately seven feet from the tree trunk but will be completely obscured by the leaves and branches. The location of the equipment shelter is approximately eight feet below the grade of the adjacent sidewalk. Combined with an existing 2 to 3 foot high wall along the sidewalk, this will screen the shelter from the adjacent street. The equipment shelter would be covered with a smooth stucco coating to match the fmish of the existing school buildings, and would also be surrounded by chain link fence. Conventional and normally required screening techniques, including landscaping around the project and slats for the chain link fence would draw attention to the site and may not be appropriate. The Planning Commission held a hearing on this item on November 15, 2004. The applicant answered questions regarding undergrounding of all wiring and cables, wireless facilities at other school sites in the County, and site selection. While no other members of the public spoke, one letter in opposition was received. The Planning Commission voted to approve the Conditional Use Permit, finding the site suitable and the proposal in the interest of the public. RESOLUTION NO. 42-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON NATIONAL CITY MIDDLE SCHOOL PROPERTY AT 1701 D AVENUE APPLICANT: TETRA TECH COMMUNICATIONS FOR NEXTEL CASE FILE NO. CUP-2004-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility on National City Middle School property at 1701 D Avenue at which time oral and documentary evidence was presented; and,. WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2004-12 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 15, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small lease area (762 square feet) will have little effect on use of the 9.26 acre school property, and will not affect existing uses. 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 unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which can easily be accommodated by the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 47-foot artificial broadleaf tree will adequately screen the twelve panel antennas, and since the lower grade of the site will provide screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Nextel wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: This Conditional Use Permit authorizes a wireless communications facility at National City Middle School. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A - Revised, Case File No. CUP-2004-12, dated 10/7/2004. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. All wiring and cables between the equipment shelter and the artificial broadleaf tree and antennas shall be placed underground. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. The deteriorated portions of the existing street improvements (70' of sidewalk on 18th Street) along the property frontages shall be removed and replaced. 9. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way. 10. Before this Conditional Use 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. 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 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. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution .shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 6, 2004, by the following vote: AYES: ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT, CARRILLO, SALUDARES ABSTAIN: 1/ Rh % Kimball c Park IC -OS I I 1 % NATIONAL CITY MIDDLE SCHOOL Approximate location of proposed facilty ZONE BOUNDARY LOCATION MAP Conditional Use Permit for a wireless communications facility at 1701 D Avenue. - • 11. -• CUP-2004-12 NATIONAL CITY PLANNING • DRN. DATE: 5/20/04 INITIAL HEARING: 11/15/04 Proposed 10' high equipment shelter Proposed 47' high broadleaf tree Photo Simulation CA 7481B — Mabuhay 1701 D Avenue, National City, CA (o Proposed 47' high broadleaf tree Proposed 10' high equipment shelter Photo Simulation CA 74818 — Mabuhay 1701 D Avenue, National City, CA ample photo of a Broad leaf faux tree located in a shopping center, San Diego Site Photographs Nextel Communications (CA 7481 B — Mabuhay) 1701 17 Avenue. National City. CA F City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2004-12 Project Location: 1701 D Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on the campus of an existing Junior High School. The project will increase signal strength and service area for Nextel Wireless customers. Applicant: Tetra Tech Communications for Nextel 9565 Waples Street, Suite 200 San Diego, CA 92121 Telephone Number: (858) 864-8993 Exempt Status: ❑ Statutory Exemption. ® Categorical Exemption. Class 3 Section 15303 (New Construction or conversion of small structures) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the 762 square foot lease area will occupy only a small portion of the 9.26 acre school property, be effectively screened, and will not affect use of the school or property. Date: MARTIN REEDER Planning Technician ® Recycled Paper �\\\\\\\hm uw"'" "g4// O'`AI, //elm, ,,;,;;,,,h,nm\\�\\�. APPLICATION for x NATIONAL CITY, CALIFORNIA 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 DEPARTMENTP�USE ONLY Case Number Ci`I—WtlH Z Filing Fee $� Receipt Date Received By E.A.F. Required A'(!n ft Fee $ -Related Cases AO - LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) SEE LEGAL DESCRIPTION ON SHEET LS1 OF THE ATTACHED DEVELOPMENT PLANS PROPERTY LOCATION 1701 D AVENUE No. Street between 16TH STREET and 18TH STREET COMBINED GENERAL PLAN/ZONING DESIGNATION IC -OS Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A WIRELESS COMMUNICATION FACILITY FOR NEXTEL COMMUNICATION. THE PROPOSAL CONSIST OF ONE 47-FOOT ANTENNA POLE DISGUISED AS A BROAD LEAF FAUX TREE AND ONE 11.-6" X 20'-0' X 10'-6"' EQUIPMENT EQUIPMENT BUILDING WITH A SCHOOL FACILITY. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). SWEETWATER UNION HIGH SCHOOL DISTRICT Name: Name: Signature SEE ATTACHED AUTHORIZATION Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: 1130 FIFTH AVENUE CHULA VISTA, CA 91911 Phone No, 619-585-4440 Phone No. Contact: Jim Clark Fax No. Fax No. Date: FEBRUARY 4, 2004 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of-4 APPLICANT NEXTEL OF.CALIFORNIA, INC. dba NEXTELCOMMUNICATIONS Name: (Please type or print) CONTACT: FRANKLIN OROZCO TETRA TECH COMMUNICATIONS Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9565 WAPLES STREET, SUITE 200 SAN DIEGO, CA 92121 Phone No. 858-861 8993 Fax No. 858-550-2250 Date: April 30, 2004 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 Feb 05 04 11:49a p.2 ENTRY AND TESTING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of the 28th day of August, 2003, by and between Sweetwater Union High School District ("Owner") and (46)(4-5t ("Company") and Company's agents, concerning the following described LUmrau `proped by Owner ("Property"): National City Middle School, 1701 D Avenue, National City, CA 91950. A. Company has an interest in leasing the Property for use as a tower or antenna site for the receipt and transmission of wireless communications signals; and B. In order for Company to determine the viability and feasibility of the Property as a tower or antenna site, it is necessary for employees, agents or independent contractors of Company to enter upon and inspect the Property and/or temporarily locate communications equipment on the Property to conduct short term radio propagation tests, and to make application with local, state and federal governmental entities for approval of the Property as a tower or antenna site; and C. Owner and Company desire to provide for the entry upon, inspection and/or testing activities and applications concerning the Property pursuant to the terms contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, Owner and Company agree as follows: 1. Consent. Owner consents and agrees that Company, its employees, agents and independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil borings and analyses, phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which Company may deem necessary or advisable. Company agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whose approval Company may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approvals for zoning variances, rezoning applications, building permits and wetland. permits. Owner hereby agrees that an executed copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. 3. Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities at any time during the term of this SD#1O537t1 1 /3 Feb 05 04 11:49a p.3 Agreement upon tweniy-four (24) hour notice to the Owner. However, Authorized Parties agree to conducts the Permitted Activities in such a mariner and at such times as to not interfere with or disturb normal school activities. In addition, Company shall be responsible for ensuring that no dangerous conditions or equipment are left in areas accessible to school personnel or students at any time during the term of this Agreement. 4. Term. The term of this Agreement shall commence on the date first above written and shall end on the earlier of: (1) the date Company notifies Owner that the Permitted Activities have been completed; (2) May 30, 2004; or (3) upon five (5) days written notice from the Owner of the termination of this Agreement with or without cause. 5. Removal of Testing Equipment. Company agrees that, upon the conclusion of the term of this Agreement, it will: (i) remove any equipment, accessory or item installed on the I'roperty as a part of the Permitted Activities; (ii) repair at its own expense any damage to the Property caused in connection with any of the Permitted Activities; and (iii) return the Property to the condition it was in before Company's entry onto the Property. In the event any equipment installed on the Property by Company or any Authorized Party its not timely removed, Owner will have the right to remove such equipment and Company agrees to be responsible for the reasonable costs of such removal. 6. Indemnity. Company agrees to indemnify, save harmless, and defend Owner, its directors, 4:dicers, employees, and property management agent, if any, from and against any and all claims, suits, actions, damages, liability and expense in connection with the cloath, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in connection with the Permitted Activities. Company will be liable for the payment of ar.y and all court costs, expenses of litigation, reasonable attorneys' fees and any judgment that may be entered therein. 7. Insurance. At Owner's request, Company agrees to provide a certificate of insurance evidencing Company's insurance coverage. 8. No Conveyance of Property Interest. This Agreement represents a license that is limited in purpose and scope to the least amount of access that is required for the Permitted Activities to be undertaken and completed. Owner and Company agree that this Agreement is not intended to and does not convey any interest in the real property or any part of the Property except the right granted by Owner to Company to enter the Property to conduct the Permitted Activities. 9. Compliance with Law. Company agrees to comply with all applicable laws in connection with the Permitted Activities. 10. Venue., Proper venue for legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Diego, State of California, or any other appropriate court in SD # 10537 v l 2 '1 Feb 05 04 11:49a p.4 such county, and Company covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 11. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the State of California without regard to such slate's conflict of laws provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COMPANY" NEXTEL COMMUNICATIONS Name: 41OR1 V71111t3 "OWNER" SWEETWATER UNION HIGH SCHOOL DISTRICT Name: Bruce Husson, Chief Operating Officer SD #10537 vl 3 Tetra Tech ommunication Services 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax Nextel Communications CA 7481B — Mabuhay— 1701 D Avenue, National City, CA APN: # 560-19130-00 Network Description Nextel Communications (Nextei), based in Reston, VA, is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all -digital, wireless network in the country. Nextel and Nextel Partners, Inc., currently serve 198 of the top 200 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the United States where approximately 240 million people live or work. Nextel has set their goals to become the premier wireless provider to bring a superior, more cost-effective and secure wireless communications network to the Southern California market. Nextel is actively pursuing the deployment of their Southern Califomia network to further establish their foundation as one of the more advanced wireless communications providers in this region, as well as, the nationwide market. Nextel looks forward to working closely with local jurisdictions to develop their community -oriented network and provide them access to a host of network amenities. It is Nextel's goal/intent to provide the best seamless wireless telecommunications network to the resident's, employees, and commuters within the City of National City and the surrounding communities. The Nextel 4-in-1 service—Nextel Digital Cellular, Direct ConnectsM, Nextel Mobile Messaging and Nextel Online® covers thousands of communities across the United States. Nextel uses a packet -based platform, the integated Digital Enhanced Network (iDENTM) technology, developed by Motorola. This all -digital technology provides exceptional sound and transmission quality, using state-of-the-art methods that deliver these unparalleled Nextel services: • Digital Cellular Customers experience crystal clear calls and guaranteed message delivery in a secure environment, no matter where they travel within the Nextel National Network. • Direct Connects"r Service Nextel Direct Connect, the only digital long range walkie-talkie feature built into every Nextel phone is the easiest and fastest way to instantly contact co-workers, contractors, family and friends, all at the push of a button and a fraction of the cost of a traditional cell phone call. Nextel's Direct Connect is instant conversation and answers. Direct Connect service works over Nextel's digital network, which creates an incredibly clear, secure link between you and the person you're calling. • Nextel Mobile Messaging The untethered power of the Internet keeps customers connected to clients, co-workers and family with text, numeric and two-way messaging. Tetra Tech Communication Services 5761 Copley Dr, Suite 100 San Diego, CA 92111 858-650-4315 Fax • Nextel Online® Service Ranked # 1 in wireless Internet service satisfaction since January 2002, according to In- StatllvIDR Group, Nextel Web -based services provide anywhere access to office or personal email, wireless -enabled Internet sites and company databases. In order to provide these services to their customers, Nextel is constantly refining their local, nationwide, and even global networks/partnerships. Nextel recently launched their Nationwide Direct Connect, which allows consumers to contact anyone on the Nextel National Network - coast -to -coast. International customers travel the globe with Nextel WorldwideTM service. Nextel Internet -ready global phones operate on the iDEN network in the United States and seamlessly move to GSM in more than 80 countries. Nextel offers many options to the worldwide traveler_ Whether you frequently travel abroad, occasionally leave the country, or just want to use your Nextel phone in seven select countries, Nextel meets your needs. Nextel's phones are small, lightweight and easy -to -use for international use only. Nextel even has a rental solution for single trips. Network Overview: Since their introduction, wireless telecommunications systems have proved to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.) and natural disasters (earthquakes, floods, etc.) where normal land line communications are often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi -governmental agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proved to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications system networks have proved to be desirable in the interest of public convenience, health, safety, and welfare. Wireless communication is accomplished by linking a network of radio wave transmitting devices such as portable and car phones, to the conventional telephone system through a series of short-range, contiguous cells. Similar to a honeycomb pattern, a wireless system is composed of many neighboring and interconnecting cells called, "cell sites," covering specific geographical areas. Each cell site contains transmitting/receiving antennas and radio transmitting equipment. As a customer enters one cell and exits another, the call is transferred between the cells by a computer at the main switch station. Calls can originate or be received from a wireless device because antennas share a fixed number of frequencies across the network grid. A caller may initiate a call from within the radius of one cell antenna, as the caller travels through the network, the call is transferred from one cell to the next, thus enabling continuous, uninterrupted transmission. Wireless technology operates on a line of sight, that is antennas must be mounted high enough to overcome challenges posed by local topography, existing vegetation, avoid interference with other wireless infrastructure, and surrounding structures/development. The distance between cell sites will normally range from '/2 mile to 9 miles, depending on the population density, consumer usage, existing vertical elements, and the geographical terrain. The required height for antennas is usually proportional to a combination of the distance each cell site can service and the Teemte te,vn. Te. nm...ero. Tetra Tech Communication Services 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax customer demand within their sphere of influence. Typical placement for antennas are on utility poles within the public right-of-way, light standards, freestanding towers, guyed towers, and lattice, or self-support towers. Antennas can also be placed on rooftops, integrated into the building's architecture, and other building features if the structure has sufficient height to meet the needs of the service area. Wireless facilities located throughout Nextel's service area are intended to provide seamless call coverage, capacity and quality to its network: The following are some of the basic types of cell sites: Coverage sites serve to expand coverage in large areas or in areas with difficult terrain and to enhance coverage for portable systems. Coverage sites allow users to make and maintain calls as they travel between cells. Capacity sites serve to increase the capacity when surrounding sites have reached their practical channel limits. As the years pass, the number of subscribers increases exponentially creating a strain on the existing network. In order to alleviate this strain, capacity sites are implemented into the systems network to accommodate the increase in customer demand. Federal Regulations: Nextel Communications is a registered public utility, licensed and regulated by the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC). Nextel will comply with all FCC/CPUC rules governing construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. In addition, the company will comply with all Federal Aviation Administration (FAA) rules on site locations and operation. Benefits to the Community: Wireless technology will provide many benefits to the residents, businesses, and motorists that travel or live near the proposed project site. These benefits include: • Quick access to 911 Emergency, even in remote regions, allowing motorists to summon emergency aid and report dangerous situations. • Support for emergency services by providing wireless communications access to paramedics, firefighters, and law enforcement agencies that use this technology. • A backup system to the landline telephone services in the event of power outages, natural or man-made disasters. • The ability to transmit data over the airwaves allowing for immediate access to vital information to emergency services. • Provide quality wireless communications including voice, paging, and digital data capabilities for email, facsimile and Internet access. • Enhance the communications systems of residents and business around the project coverage area. Nextel of California, Inc. dba NEXTEL Communications SPECIALIZED MOBILE RADIO FACILITY SITE NAME: "MABUHAY (NATIONAL CITY MIDDLE SCHOOL I VICINITY MAP MRON SAN 0E60 REVEL OFFICE) TARE 1-15 MIT 50U111 TO 1-1 FRY SOUTH DR ON E0LE 6F CARS MAY (ILrt/LAST). °AM EST ON NOONL DM ELw. TURN FIGHT ON 1511 STREET, TURN LEFT ON 0 AVER. ME 111E ERE 00 ON THE ROM AT SAIOTK OM TOMS SCMO0. DIRECTIONS ALL °ORE µ0 LNTDINIS SIDLE OE PERIURKD AND 31 T6E 0 04 jO ACOMOIRCE C OR 111E CURRENT OMENS OF IIIE FO A ADOPTED W MC LOCAL RE EROTICC.D611 oIUDOR'F IS.IPOINN6 111 1 131 RIMS 16 TO THESE COVES. NDIN NOT CONFORMING ro 1. GLIPoIDN DVIIOIND CCOE (INCL TIDES 24 A 25) 2001 2. UNIFORM MECIIAMCAL CODE 1907 3. ANS*Y/E1.1-222-F LSE TOPMIOT-1 OM CODE COMPLIANCE SITE NUMBER: CA-7481-B LI whN00 111IfOCOVADO GENTS I aLmUNOINCLUDC 142 10UMm6, • D074LLA1.11 of A (N) I1'-4420•-0. 60UR 11047 PUMCN TT/ SODOM S OCCO FSNISN A pram TO • RI 1.04 ATOS 0I A (N) 47'-0' NOX 1TM01EAf M0140-llllfl • 0151MIA1DN OF (12) (11) 111-07 PARK .DERMAS. MOUM[0 ON ME (( -0 4Y' MONO -TIFF (4) PER SECTOR, (31 SECTOR • s0141*T00 OF (N) memo.A T0PN0NE ERSIOD • IN9WIATOI Of N) COM CM. A71KNE0 TO IN) CABLE SUPPORT °OOE MIDI SMELTER 10 A7RDR17.51 0110I TpecONWN1159001E 11 0Lrt10 ON SOD NONE PROJECT DESCRIPTION S7n OOP.0040 51111E 100 Marl 91 0F0p, q D2111 MfGf,�e -111102 2CD OPMOPPERIY/OWNER INrORMATIOlt MOMS 1ER 111WI20 OMM UNION XILf1 9QIDOl CCM°.. .N4 0 UTA . CA 0I911 BOND 612-283-4440 AMR, 50-091-30 pp0R((R047 d EFER2ONNOCCMSONROXSL DNG-OPEN SPURS UFppq8± NAM) CRT AREA 0 OCCUPANCY TYPO a CNE7RU01DN 1YR V-N CONDO MPLGTWI R1: yIIMDO:AP REDUREMENTS• FACILITY :9 URWREO µ9 NOT PD1 MOON Xy11ATON. 2ICAPPED �ID� /101 IS045YF1ROAKEE 1MES TOON4xAC BISTCE0. PART 2, TM 24, SECTION 11030.342. EACEDIN 1. PROJECT SUMMARY MA ANCII)ECIURE IS PLAIDS° IMO. NW YIRAMAR I0.,.1TE 202 SW DECO. Cl 02104 COMM( CAC PROPAI PRONE: 851-820-e401 EIVIO 1FAMWEN. C.V. ORH[ Cblp!\ EA 11.2620-1782 C ARWW00 OUVM 9NONC: 009-2110-N40 SITE Ant n¢:71r0/CnN.i7NlrnnN- RTPAICC11 CONWNI0 7 010 SOMCE. OC 2555 VM16 574LT. SOTS 200 SAN MCED, CA 92121 LEASING: SIAM NEIER. 858-804tl05 ZOOID FRANNUN OOICO, 555-884-11003 MOST. LANDS SC7NE111. 7114-220-7792 CONSULTANT TEAM NATIONAL CITY PLANNING DEPT. EXHIBIT A -Revised CASE FILE NO. CUP-2004-12 DATE: 10/7/2004 SHE T1 Al A3 LS1 DESCRIPMDN TILE SHEET SIM MAN TEASE MD. PEµ. ANRNM MAN k OMR NOON. EAST. SOvIN ! VEST 6EMSNINS TOP000114NO SURVEY SHEET INDEX M[ (AIUMIO Nam moor /AMOKC AM ACCEPT' Doss cowmen AND M010021 THE CONTRACTOR TO PROOMO MM ME Cp15RD0710X 000CR1910 TID1MN fW Oq$1RVCfµN 9J0NEMS MC 5.3007 10 REMEO Of THE LOCK OM0ND 00+ANMDNT µ0 NNW CHASMS A110 1,0001G110M5 11RY MAP NPOM. LEA6N0 RF COMOID107214 INTER CONNECT 1ES50R APPROVAL MINT w9F DATE Model of CAO0.10• 71. Correnskstiore 5181 CO'SEY DRNE• Sit. 100 SM OE®, CA 92111 NNE (858)530-4200 FAX: (358)650-4202 nMAU*Nv 0N1110NALcm NDDLE SCHOOL). 0A.741147 tAf CAWS£ NATIO'ML CITY 0.491D9* SAN DEGO COUNTY (MONELT Ip 00-74121-0 RY CXECRED m CP • Minn wl moon 21N 5118w@L; joss 109-71e1-2 !////// 16 )O( )OC m SCEicoa 1111.11 SSSSSS REXTEL Wt CESS RO01F mums 6vsX SITE PLAN LEGEND P4mER1T WE EASEYENF/SE10OM CN - —oN— wER£N MTh' CNNN Lim MCC RETA*N1C *XL MSA 1,1 .ne NMII of Cafhnia, frt. 4. NEWEL CanunuNalUef6 5761 COLEY DEAF, ST. 100 5N1 MECO, CA 92111 DI011e (858)650-42OO FAX. ILINDO0-4202 MIKA AT Q1Al10NAL cm MICCLE SCR004V G-7/81. 1T41 D AVENUE NATIONAL CRT, G 0140 SANCIEGO COUNTY IFAwfSF NO. CA-7441-e I I°RA"N I CIKCRCa M OP ISSUE et sN Ng GATE .M*9 NMI RAM 06 M1 121.11 not zwooc H-a9 AM AMC soya:pap Rot SWIM Al 1s, I2ad 51Bur,x, MIA r4-)161-0 R al -D NROL 4 R LE SEE 001. (R( B-0' PANEL ANEMIAS, QWIMI OP t2), SEC OEM. 2 n 110,�iuees. Mcaw 112202Vtle'E a:o.3• -� —(M NIX10. SRC (n CIWN UNR 08,0E Al¢2B ROUTE P/ 3M G1E (t)'COAX N M M004 r/ 2E21ER (4) 1ELC0 MON ET 4/ 11pp ���I�p OGINCRNC40 w¢o 6M6OEw 4 02Vn Mf3•$a6'-o' A408160 8NEL161 CUICRER B100P MICE Y 2.l MI U.0, KKR ' RLCO- 41'-O' EA k 41011 . ENCCj1RIE M) e'-01X 02110E PYKL MADAM MOUNTED l0 ((N)) 40420120E PAINRO 10 MATCH MCMOINF0, (4) PER 4L3711, (3) SECRYYS, (12) OoM4 (M) MTPPIA SKADRI HIPS. AS RLWCLO. SCE MOPIPACMM[R'S 06AN4E1. (S1'1) (SO' i4pNrtR) i. OSD SO• ND AT-P 4402 ROACLEAT 14010110E MSA NeJel 00 C'1PDnio, Arc. ato Mani. CornAunicatioro 0761 COPLEY ENME, 310. 103 SAM DEEM 00 02111 NONE (838)650-4200 FAX: (85050-4202 Ma&11MT (NIMI144. Cltt MND.E SCN]OL)' • CATAS A 7701 0AVGIJE 4241100421E CITY. CA SAN01.E.0 U4TY f NIOKR N0. Gh72R7-0 fo6M41 w CNSCREO of OP HQ OA1E_ MIp .01 mn[ SMRET TITLE LEASE AREA PLAN, ANTENNA PLAN & DETAIL SPITE NUMBER A2 1.1 SUPANIA: 2. STEMOMAL: !mu 11M-7161-B (N) C-0,1 PIN. ,MONHAs, SECTOR 2. (TYPE OF 121 (M 0-Ox P00. ANTENNAS, SECTORS t A 3.(IV0. OF IS) (N) Nacre!. EANIi46lr 51EL1ER, S1WM SNCCOHN15X t MIR l0 I0TCN SCHOOL SEE DER. (AS. FOR FPECNICAT1`6 k DUALS (1) CPS ANTENNA (i)P. OF 2) (N) 6'-0' C1WN UNN fcx¢ V/ s1Y 0ATE (E) 10-0.03 04U 11N0&11.. COURT NFLL (x) 6'-OSI PARE, NITO111 , SECTOR 2. (ISP. OF 11) (4) 6'b11 PYSL wavers. 5EC(WS 1 6 3,(M. (N) MWLL IaN 1USx2AWESSWAMS�fEL RIM k WIT 70 AMR WOOL. 62 YFR. 0N6 FOP 511000 A110N5 6 CEMIS— (E) 1(E-011 d 00411 P i*WLL OE) 04-0' CW1N ,INN FENCE (O 10'-011L 01W1 DMA FE PROPCRIY LINE — (HI 0Y-0 BROOHEAI 40143*E O11E81 ELEVATION RDA IeM'd NORM ELEVATION 1n. 0'-0 (N) CABLE 11N) N'C2C 1DNINZ:r6NELlER, 311001N 6111000 FROM 6 POOR 10 NOLP1 5CMpL Sff IFFR. Ulf. FOR SPECIFICATIONS 6 OEMMLS PROPERTY LAE BOUM ELEYA1gmw POI N Cow yr-r0' 4) OEAET ELEYA11011 tA6 1INy4d d CIEVG�(� (e 12'-0' E11M0114" 401401REE (N) C-aM PAN. ANTENNAS (S(WECI06 1 6 3.(M. OF 121 54001N SN000 LIMN • FAIR 10 4{1W S010K Se I0R. loom FOR SPE 036M10NS 6 COALS N) W5 M.. (NP. OF 2) (M 6•-0• tlr71 NN( FENCE N/ 1[11 10-0'N2 CW NM'O9YL C6Mr Nw_ ft611111111111 HAM oT Ea4eeo, br. dbo AMR. 5761 COPIEY own, STE. 100 SW MOM, CA 62111 PRUNE (858)650-1200 FAX: (858)85C-4202 IMHVIMY 10*7.MALCT MOO. SCHOOL,' G.)NIA tA, OAVENtrt NASNDCA0100 SAN OIEGO EGO cGMtt FROFC( NU. CA-1tl1-G Cx1ECREO 6r EP 40 COTE 155u6 PlatRM 4/PIp C4/, Iro1 MOC SHEET TRUE NORTH, EAST, SOUTH & WEST ELEVATIONS QMF1 304NER A3 IN 6Y6MITK; 2.1 SUBSET, IYG'.'AaM1-0 5 NEXTEL RF Certification Form This form certifies that a Nextel Communications, Inc. ("Nextel") engineer has evaluated a certain analog or digital mobile transmitter site and has determined that it complies with FCC Rule Section 1.1307 et. seq. and related OET Bulletin No. 65 governing radio -frequency ("RF") emissions. In particular, based on an engineering evaluation of the controlled areas of the site, the RF emissions are within the applicable Maximum Permissible Exposure ("MPE") limits. The original of this form should be kept with the market station files. Site Number: CA7481B Site Address: 1701 D Avenue Nextel Site Name: Mabuhay City and State: National City, CA .. s wa �:�':C.�q;•' wu •.. r'vr t,+s.....;. usvia cac- � - >-a x a, Siteleomplfance.Prgc_`e' ure(Required),r A. The site complies with the FCC's Maximum Permissible Exposure ("MPE") standards, taking into account any nearby significant transmitting sources, based on (Check at least one box): 0 Calculational methods based upon OET Bulletin 65 (attach copy) Computer simulations such as RootView modeling software (attach copy) Actual field measurements (attach copy) in accordance with the following steps: Step 1: A testing time was chosen in which all antennas were likely to be energized. Step 2: A survey of the site was conducted before and after the Nextel equipment was constructed using RF power measurement meters. Step 3: A sketch of the building rooftop (or site area) was made and measurements were recorded on the sketch (see attached). Photos were also taken (see attached). B. Access to the RF controlled area is restricted in accordance with the Nextel RF Compliance and Safety Program, including, at a minimum, the posting of the Nextel RF hazard sign. ❑ In the case of an in -building system, check this box to certify that all distribution equipment is installed out of public reach. (Sections A & B above do not need to be completed if the system is an in -building system and the antennas are completely contained within the building structure). . .. w y ... _� Y •�:M.lHh'T!,• 0 :K .� - may,.• YM•i.'i kK-Fl4 �.$: ."; e•piCyYGxenY.�,y-vA9iYO�� '"�.?�S2;:e-.^•iF+'y.Ya �.ya`�MNS"`'i _.... '� 2 x '" G i`n �Yl /Y1 .• A}M� N9 40.14 n419416i tat10.016 .01 r0i_. a11.. xc.. _sI.:.._.f.M .._ 01(_-..... . . 1,.... Building Mounted/Rooftop Antennas - the sum of the ERP of all operating frequencies does not exceed 1000 watts ERP. 0 Non -Building Mounted/Non-Rooftop (Towers/Water-Towers/Monopoles) - The distance from ground level to the lowest point of the antenna is at least ten meters OR the sum of the ERP of all operating frequencies does not exceed 1000 watts. Does Not Meet Categorical Exclusion. MN MgtsNC^ Printed name: Ray Dizon Signature: Revised 7/23/01 Regwred Sigltaiiiie SM Date of evaluation: 12/27/04 RFCertification al Tower Site This calculator assumes that all BR ERP's are the same. Enter the number of BR's In the field given and the sum of "Nextel's Total Exposure %" will be reflected at the bottom. For Nextel-only tower sites, If the Worker and Public percentages are both less than 100% the site is in compliance and is recertified on 5-year intervals. Contact Nextel RF Operations with questions. Site Name: Mabuhay Site Address: 1701 D Avenue Site Coordinates: 32-40-8N 117-5-52W Instructions: Enter Information Into shaded fields only. Frequency of BR (in MHz): ERP per BR (in Watts) from Link Budget: ERP Per BR (in dBW) RC Height Above Ground (in feet) [Y]: Distance Between Tower and Closest Point Worker Would Be* (in feet) [X1]: Distance Between Tower and Closest Point on Fence Line` (in feet) [X2]: Radial Distance to Worker Point of Interest (in feet) [R1]: Radial Distance to Public Point of Interest (in feet) [R2]: Angle from horizon to Worker Point of Interest (In degrees) Angle from horizon to Closest point on Fence Line (in degrees) Antenna centerline mechanical downtilt, if any (in degrees) Angle between antenna centerline and radial to Worker Point of Interest (in degrees) Angle between antenna centerline and radial to Closest Point on Fence Line (in degrees) Difference between maximum antenna gain and and antenna gain along radial to Worker point of interest (in dB) Difference between maximum antenna gain and and antenna gain along radial to Closest Point on Fence Line (in d8) ERP at antenna toward Worker Point of Interest (dBW) ERP at antenna toward Closest Point on Fence Line (dBW) ERP at antenna toward Worker Point of Interest (Watts) , ERP at antenna toward Closest Point on Fence Line (Watts) Site Number:l CA7481 30.4 31.0 80.5 75.1 70.5 65.1 14.8 14.8 30.000 30.000 —► Power Density i Worker Point of Interest Power Density @ Public Point of Interest ANSI 1992 Standard MPE: Controlled Environment (Worker): Uncontrolled Environment (Public): Nextel Siena' Percentage of Total MPE per BR: Controlled Environment (Worker): Uncontrolled Environment (Public): Per -BR ERP required to produce 5% of MPE at Worker Point of Interest Per -BR ERP required to produce 5% of MPE at Closest Point on Fence Une # of BR's: 30,000.00 mW 914.4 cm 152.4 cm 243.8 cm 927.0 cm 946.4 cm 30,000.0 mW 30,000.0 mW 0.0045560 mW/cm2 S=(0.41)(ERP)/(pIXR1)s 0.0043717 mW/cm2 S=(0.41)(ERPy(p1)(R2)= 2.837 mW/cm2 (time -average of 6 minutes) 0.567 mW/cm2 (time -average of 30 minutes) Nextel's Total Exposure sum of all BR's): —+ Worker 5.781996 % %—► Public: 27.7403851% watts watts 0.160611I 0.770566 25.91 5.4 ` X1 refers to the horizontal distance between the base of the tower and the nearest point on the property that a worker would work for any length of time e.g. a transmitter shed. X2 refers to the horizontal distance between the base of the tower and the nearest point on the property line that the public could walk up to or have access e.g. closest point on fence line. Public Access e.g. Fence Una Worker Access e.g. Trensmllter Shed Legend The equations used in this evaluation are based on the equations found in "OET Bulletin 65, EdltIon 97.01" BR = Band Radio MPE = Maximum Permissible Exposure ERP =Effective Radiated Power RC =Radiation Center dB =Decibel dBW =Decibel Watts mW=milliwatts cm = centermeter Summary of RF emissions calculations Site # CA 7481B - Mabuhay The attached RF Certification form was prepared by Nextel RF engineers on December 27, 2004 for the proposed telecommunication facility to be constructed at the National City Middle School property located on 1701 D Avenue, National City, CA. Through the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has established RF exposure standards which are endorsed by several health agencies including Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), the National Institute on Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA). The FCC standards for human exposure to RF emissions were derived from recommendations of two expert organizations, the National Council on Radiation Protection and Measurements (NCRP) and the Institute of Electrical and Electronic Engineers (IEEE). The exposure guidelines are based on threshold for known adverse effects and they incorporate appropriate margin of safety. The Telecommunications Act of 1996 also outlines federal jurisdiction over the regulation of human exposure to RF emissions. In particular the Section 704 of the Act states that "No State or local government or instrumentally thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Commission's regulations concerning such emissions." In accordance with the FCC standards, the attached calculations indicate that the proposed Nextel telecommunication facility at National City Middle School property is expected to yield a maximum power densities of 0.567 mW/cm2 or 0.770566% of the MPE (uncontrolled environment - public) and 2.837 mW/cm2 0.0160611% of the MPE (controlled environment - worker) per each band radio. Assuming that all radios are installed and operating simultaneously, which is not a typical scenario; the maximum RF emissions will be 27.74% (uncontrolled) and 5.78% of the FCC maximum permissible exposure levels. Therefore, the results of this analysis indicate that the maximum level of RF energy to which the public may be exposed at the subject site is below all applicable health and safety limits. A • location of one or more facilities In National City • facilities in unincorporated area p pending approval d tacky denied w application withdrawn City limit \' 35, .44) \ 50 * Wireless Communications Facilities (45� National City Planning Dept. 12/1/04 Facility # APN Location Provider Applicant/Consultant Name Case File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 2 562-340-26 300 W 28th Street AirTouch Cellular/Cingular Wireless Cingular Wireless CDC Res. No. 94-28 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications CUP-1994-8 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1995-11 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services CUP-1995-13 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet. Variance to exceed height limit. 7 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation CUP-1996-2 8 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services CUP-1996-4 9 559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet CUP-1996-5 CDP-1996-3 Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets. 11 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services CUP-1996-7 Located atop the existing Plaza Bonita sign. PCS facility- three antennas and two equipment cabinets at base of sign. 12 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular CUP-1996-8 60-foot high monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an equipment cabinet at base. 13 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof. 14 564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications CUP-1997-8 15 554-050-15 2005 E 4th Street GTE Wireless Lettieri-McIntyre & Associates CUP-1998-4 Located in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 16 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications CUP-1999-4 60-foot monopalm on vacant commercial lot. 17 556-471-24 801 National City Boulevard AT&T Wireless Services WFI CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 18 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 19 561-360-35 18th and Newell Street Sprint Tim Kolset, WFI CUP-2000-8 Located in Las Palmas Park. Monopalm and equipment along with live palms. 20 555-082-11 111 W 9th Street Sprint Tim Kolset, WFI CUP-2000-9 Located atop 2-story Sid's Carpet Bam warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group CUP-2000-11 22 23 24 25 26 27p 28 29 30 31 32 33 34 35 36 37d 38w 39 40 41 42 40-foot monopalm with three sectors of four antennas each and equipment shelter. 564-290-06 3300 block Cagle Street Sprint WFI Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for 00 park 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFIthe 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 559-106-17 525 W. 20th Street Sprint Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. Gianni & Associates 556-473-18 242 E. 8th Street AT&T FIXED Wireless Located atop an existing church. 554-050-12 303 Palm Avenue Sprint PCS Located on National Guard Armoryroefacility six antennas in three 40-foot flagGianni & Associates property. �`' PCS poles, one GPS antenna and a new equipment building. 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Located atop Sweetwater Square. New Nextel Communications, Inc. 4 equipment building over trash enclosure, nine panel antennas and one GPS antenna. 556-590-61 1019 Highland Avenue Cingular Wireless PlanCom Located atop South Bay Plaza on an existing mechanical equipment screen. CUP-2002-2 563-231-38 1914 Sweetwater Rd. Cingular Wireless PlanCom Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Sho CUP-2002-3 564-290-06 3737 Sweetwater Rd. Cingular Wireless Aping Center. 72 foot tall monopine with standard equipment enclosure. PlanCom CUP-2002-4 560-320-15 2100 Highland Avenue Cingular Wireless PlanCom Approximately 40 foot tall monopalm on a vacant lot with a standard equipment enclosure CUP-2002-5 556-101-15 241 National City Boulevard Cingular Wireless PlanCom 12 panel antennas behind four new partial parapet walls atop an existing furniture store; four equipment cabinets outside 558-200-24 2415 E. 18th Street Cingular Wireless light standards; equipment PlanCom Panel antennas located inside new li g q pment located inside existing commercial building: 556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 563-010-47 2605 Highland Avenue Sprint Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. Project Design Consultants CUP-2002-18 43 554-050-15 2005 E. 4th Street Cingular Wireless Krystal Patterson, PlanCom CUP-2000-19 AT&T Wireless Services CUP-2000-24 Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 564-250-50 2435 Sweetwater Road Sprint Located at Sweetwater Inn. Global Positioning System with nine panel antennas. Tim Kolset, WFI CUP-2000-14 554-120-24 2701 E 8th Street PacBell Located at existing church. Antennas located in a 60-foot monument. 554-120-18 2701 E 8th Street AT&T Wireless Services Located at existing church. Antennas located in a 60-foot monument. 562-330-43 152 W 33rd Street Sprint Connor, Riley and Associates CUP-2002-8 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings. 554-120-24 2701 E 8 Street Sprint Located at existing church. Wireless communication facility- nine antenna and equipment building. Tim KOISet, WFI CUP-2000-27 555-053-17 700 National City Boulevard Skytel Corporation Moss & Associates, Inc. CUP-2000-30 Located atop Holiday Inn Hotel. Wireless communication facility- 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 559-040-53 1445 Tidelands Ave Nextel Communications: Inc. Nextel Communications, Inc. CUP-2000-31 CUP-2001-3 CUP-2001-4 CUP-2001-6 CUP-2001-10 CUP-2001-12 CUP-2002-6 CUP-2002-13 CUP-2002-14 Krystal Patterson CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in El Toyon park and a 160 square foot equipment enclosure. 44 556-590-61 1019 Highland Avenue Sprint PCS E3 Solutions CUP-2002-24 45 564-471-01 3030 Plaza Bonita Road Verizon Wireless Whalen & Company, Inc. CUP-2003-13 46 561-271-01 2005 Highland Avenue Cingular Wireless Krystal Patterson CUP-2003-4 47 669-060-26 5800 Boxer Road Cingular Wireless Krystal Patterson CUP-2003-16 12 panel antennas on the outside of the O.D. Arnold water tank and a 150 square foot equipment enclosure adjacent to the tank 48 562-340-26 300 W. 28th Street Nextel Tetra Tech/Franklin Orozco CUP-2003-30 270 square foot equipment enclosure adjacent to existing equipment 12 antennae on existing communications tower and a 49 594-110-05 3820 Cagle Street Cingular Wireless Krystal Patterson CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building. 557-420-31 1900 E. Plaza Boulevard Cingular Wireless Krystal Patterson CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 50 51p 552-283-11 2323 E.Division Street Sprint Delta Group CUP-2004-6 3 panel antennas in a 9x10x16 roof -mounted cupola 52p 560-191-30 1701 D Avenue Nextel Tetra Tech/Franklin Orozco CUP-2004-12 12 antennas on a 47' faux broadleaf tree with 230 square foot equipment enclosure 53p p panel 551-570-20 51 North Highland Avenue Sprint Delta Groups/Michael Sloop CUP-2004-15 2 antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 54 panel 669-060-26 5800 Boxer Rd. Sprint PC RES 32-2003 6 panel 563-231-39 1914 Sweetwater Rd. Nextel Cathy Lim PC RESO. 20-2002 2 panel 563-063-29 2563 Grove Street P91-026W Monopole located aside live palm trees. 2u 563-184-47 2909 Shelby Drive P95-025 75-foot monopole and equipment building. 3u 563-062-17 2524 Prospect Street AT&T Wireless Services AT&T Wireless Services ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 4uw 564-310-32 3312 Bonita Heights Lane AT&T Wireless Services Gianni & Associates ZAP00-133 50-foot monopalm with four arrays of one antenna each and equipment cabinet.. 5uw 563-063-29 2563 Grove Street AT&T Wireless Services Gianni & Associates MUP91-026W2 Four antennas mounted on an existing 52-foot monopole with 162-sq foot equipment enclosure. EETING DATE (ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT January 18, 2005 AGENDA ITEM NO. TEMPORARY USE PERMIT — CHRISTIANSEN AMUSEMENTS- PLAZA BONITA CARNIVAL -February 18-27, 2005 PREPARED BY Rosie Gutierr z 333� 210 Building and Safety DEPARTMENT EXPLANATION This is a request from Christiansen Amusements to conduct a carnival in the Plaza Bonita mall parking lot #1. The event will include carnival rides, food booths, games of skill and a candy wagon. The event dates are as follows: Setup dates: February 14-18 8:00 a.m. — 6:00 p.m. Event: February 18-27, 2005 Hours: Mon.-Thurs. 5:00 p.m. — 10:00 p.m. Friday 5:00 p.m. — 11:00 p.m. Saturday 1:00 p.m. — 11:00 p.m. Sunday 1:00 p.m. — 10:00 p.m. Teardown: February 28, 2005 8:00 p.m. Alcohol will not be sold and carnival security will provide crowd control. 11 Environmental Review X N/A Financial Statement Approved By: The City has incurred $226 in costs for processing the T.U.P. through various City deparPmenisfector $85.00 for permits from the Fire Dept. and a $50 inspection fee is being requested from the FinanceteeDept., totaling $361.00. The Finance Dept. is also requesting that a 4API(l+btfnll�ie STAFF F gaIMENDATION 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 Conditions of . Approval. A-200 (9z99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Christiansen Amusements EVENT: Plaza Bonita Carnival DATE OF EVENT: February 18 —27, 2005 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] PARK YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE 336-4550 1. Emergency access throughout the carnival/booth area is to be maintained at all times. 2. Fire Department permit is required to operate a carnival. Permit fee is eighty-five dollars ($85.00). 3. A fire safety inspection is to be conducted by the Fire Department prior to operation of the carnival (all rides, cooking area, etc.). 4. Access to Plaza Bonita Shopping Center to be maintained at all times, to all entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 5. Fire hydrants shall not be blocked or obstructed. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. (Done) 2. That the City of National City and the Parking Authority of National City and their officials, employees, agents and volunteers as additional insureds on all policies. (Done) 3. Execute standard hold harmless with the Parking Authority as well as the City of National City. (Done) FINANCE 336-4330 1. A $2,500 bond is required for the carnival or circus. 2. A $50 inspection fee is required for the carnival. 3. A Business License is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 5. If any vendors or organizations are registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) POLICE 336-4400 1. Security plan listed on Page 4 should be adequate. Building & Safety 336-4210 1. Contact the Building and Safety Department for an electrical inspection prior to opening the carnival. (The SD County Health Department has been notified via fax on January 5, 2005). Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair Demonstration Grand Opening PLaza, 6c )ItL Festival Circus x OtherCARNOWR . C Community Event _ Block Party Event Location: 7o?o PLAZA) trOP1701 ad. NnrroN4L Sri';✓ CA I/93-tD Event Date(s) : From Ff8 lg to Fre 27 Total Anticipated Attendance: '100 - on Rf oNE TiM€) Month/Day/Year Z ws' ( mot" - trier5, r.Ppot � I. 0 FA.) Actual Event Hours: am/pm to am/pm pn.-Ilprt--i -SAr,n p-tr pays✓N./`H„-Iopn.i9 Setup/as�embl constructio Date: z-iy Start time: iv-,c Lee ( /S'r--Participants) ( Spectators) Please describe the scope of your setup/assembly work (specific details): CAla NIJA L aloes PcAccd 14,00v4 2/rw SCT vp tucs, Z//S- r$va 2/4, avaDie Fel rASpccTtdfl I s00 pm Z/ if- /6S Dismantle Date: 2 /2 51/a5- Completion Time: arCci ) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: C h IAS f i R N5EN 1 M uff Al VNTI Chief Officer of Organization (Name) (141.pli Chas S ti.aiva CA) k For Profit - Not -for -Profit Applicant (Name): er�6 SACO ' (1 p Address: R0. fibre 997 scorrdrdca , CA. $2-c733 -09f,7 Daytime Phone: (160) 7?54$Y2. Evening Phone: (760) 74'/- 7f2Fax: (760) nCsiff 93 Contact Person "on site" day of the event: toM 9&G top ,I‘) Pager/Cellular: (41 f) ,> 2o-8 2— NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _ YES S. NO Are admission, entry, vendor or participant fees required? X YES _ NO If YES, please explain the purpose and provide amount(s): .1" / c-'471441j c FCE Faa. eueRYoNe A e-i 7 an(( oidta, $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. WAS Sc & ArrAcl// SWEET 2 — YES X NO YES _ NO Does the event involve the sale or use of alcoholic beverages? Will Items or services be sold at the event? if yes, please describe: Faaof/CANDY Gant ►.> O'v ty BAH _ YES ')c NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. x YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets Impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: rn osr P204uc is CoMM eco/ALL'Y PAc/Cdq evf OT+'t:ILS PR&PAAEdd 4u NEA1.1'+1 Pb�r4rrrr't %cI7 If you intend to cook food in the event arrea please specify the method: GAS _ELECTRIC CHARCOAL — OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 4'5 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) D Tables and Chairs D Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) D Booths, exhibits, displays or enclosures D Scaffolding, bleachers, platforms, stages, grandstands or related structures D Vehicles and/or trailers D Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: /6 - /S' Describe your plan for clean-up and removal of waste and garbage during and after the event: AR.ea c[ eANeo/ daiLy tf each AI/CRT . main fRaito CAN stir ot ak 't/M.P,1' Fn'a dart y ptc,( +-'p. Please describe your procedures for both Crowd Control and Internal Security: Elite SeGuE ce,v(cE$ aim-4 02oJ/L78 eNT44NcC 9uAfdf cod PAT2oL cArrJAL ago ti Mott t YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: CUtC show ..re2U'c5s Security Organization Address: 2 e 72 cA an rN o Del 12io goatA#2.00i SAN Diego i cA 921°8 Security Director (Name): error) M al d eR, Phone: 010 C"."lsS! ?k YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: edcil Ride 4 GME Oaf i#S owN Li61414149 fi.)a 1 emogrin.V L.i6Nt,NG iS w . Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. FJ23i /�►o! P2o4.0tsd AT caa»'JAL OFF$C& Please describe your Accessibility Plan for access at your event by individuals with disabilities: PL/12A BokiT+t PAQkrNf Lair LC ard91 FOIL ri/C Ev6Brr Awl ALL 1dANdiselp s,o cGs oxl NpuG AcCrtS a►C In: N)ACKea Please provide a detailed description of your PARKING plan: r#Enr /. trioRE rNaN pMPLe Cxcets PAetiNq RUNIL *ge a FOFL US& 6Y Cp21u►VAt f4 t2QA)S !-N rah ,ee2u4A2 spACF/ 4 Please describe your plan for DISABLED PARKING: use OF Gx(SIM, PA362.CsNf LoT osfglet. PAaK+Ng Space} wcc. ere MecivATG ewe" IF iNy Cx72A ,92E Neepled J 1NFY wrLi 66 M4II K Q01 Please describe your plans to notify all residents, businesses and churches impacted by the event: PCatA �o�irrll wrc� Nrrlkry otG +evAN7t p d ¢cysdj Watt 6' 13oA/GA7 641- vic c€N7 Q_ Forte GVS•TolneLl a,'d GCr/ntv alut ' INFeft MAOtr tJ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES XNO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages. Number of Bands: Type of Music: _ YES Y NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES i< NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES __ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: )( YES NO Any signs, banners, decorations, special lighting? If YES, please describe: eivt(2 3fiG #( 14 oeGNII Dinf 1F SPee 2A/W/ I4002.f AS LNFolt.ArtodloNPG t13inNnleiz.A 0NLy ,for 9,f1,e!�e� Department Date Yes No Conditions) of Approval Specific Conditions of App:rovEiI Initial 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Address MAke/ •' P.o 6' 9?7 ErccoJe1490 2.0 3 - op127 Telephone(76`) 73 S `Ss'1 2 Date(s) of Use FC'B. i `'' ' MAacd 11'2-o °S. C11215treoNSCN AMuSEMErr1 S Person in Charge of Activity nit PH C. c 1119.1 S rIANSGA! 3116 BCQ /aec c..N• ESco'.icls o ; C o. Q -°2 g HOLD HARMLESt AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. Signature of Applicant Official Tide Date ror urtrce Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Pleaseproceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. WIII the proceeds provide a direct financial benefit to an individual wh.o resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 re% Carnival August 29-29,2004 Christiansen Amusements P.O. Box 997, Escondido 92033 (760) 735-8542 Carnival site rN Christiansen Amusements P.O. Box 997 Escondido, Ca. 92033-0997 (760) 735-8542 fax (760) 735-8543 Fri. 5pm to 11pm Sat. 1pm to 11pm Sun. 1pm to lOpm Mon. 5pm to lOpm Tue. 5pm to lOpm Emergency Exit Office Scooters e • • DT3',4,eN1 Fun Factory Wed. 5pm-lOpm Thur. 5pm-10pm Fri. 5pm-11pm Sat. 1pm-11pm Sun. 1pm-lOpm 3 Crow's nest Westfield Shopping Town 3030 Plaza Bonita Rd. National City, Ca. 91950 E Map 2 of 2 Date: Feb. 18 - 27, 2005 Generator 4.4.4 Fire Zone Line Up Games Emergency Exit CD ..sat&— = 6' ft. temp. fence 1E1 1=1 Landscaped curbs i= Ticket box Emergency Exits posted on Plot Plan. Distance of Featu—n to Perimeter minimum of 20' WestReld S NO P PI NGTOWN PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National City, CA 51950-8007 Telephone (6191 267-285t Facsimile 15191 472.5652 November 29, 2004 Kathleen Trees Building & Safety Director City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: Temporary Use Permit Dear Ms. Trees: This letter serves as official authorization for Christiansen Axnusemexxts to hold a family carnival on our Westfield Shoppingtown Plaza Bonita property located at 3030 PIa7.a Bonita Road, National City, CA. 91950_ Christiansen Amusements is approved to occupy the parking lot on our property from 2/14/05 through 3/1/05 for set-up, operation, and removal of the carnival. The actual event is 2/18/05 — 2/27/05. Please call me if you have any questions. Thank you. Sincerely, PLAZA BONITA LP Donna. Kudrick Specialty Leasing Manager 'ua 8a4ixe,14 TOW CHRISTIANSEN AMUSEMENTS Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91 950 Plaza Bonita Feb. 18—27,2005 Friday 2/18 5 pm to 11 pm Saturday 2/19 1pm to llpm Sunday 2/20 1pm to lOpm Mon.thru Thur. 2/21-25 5pm to lOpm Fri. 2/25 5pm to 1 1pm Sat.2/26 1pm to llpm Sun. 2/27 1pm to lOpm Christiansen Amusements was commissioned by Westfield Shoppingtown to conduct small family carnivals at its various shopping centers throughout Southern California in 2001. As of this time events have conducted safe and successful events at Mission Valley Center and Parkway Plaza in San Diego County with events at UTC scheduled as well as Plaza Bonita. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The total number selected will depend on the actual layout availability. See the attached plot plan and ride list for details. A) Rides: Adult Rides: Sky Diver, Zipper, Hurricane, Scrambler, Tilt -A -Whirl, Gravitron, Bumper Cars Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Lady Bugs, Bumble Bees, Tea Party • Non -mechanical: Fun Factory, Inflatable Slide Bounce, Computer Portrait. B) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini - Basketball, Long Range Basketball, Hi -Striker, Ring Toss, Stop Sign, others. Christiansen Amusements has made standard policy for the these events the following elements which help make for a safe, enjoyable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 30-hour weekend event. This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and parking and traffic flow are easily monitored and controlled. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone. • WPA WESTERN FAIRS ASSOCJARON • P.O. Box 997, Escondido, CA92033-0997 • http://www.amusements.com GMEMBER Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 ss • b•ter 8atte row Christiansen Amusements Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, Ca. 91950 Feb. 18-27,2005 Ride List 1. Gravitron 2. Hurricane 3. Kamikaze 4. Octopus 5. Scooter 6. Scrambler 7. Sky Diver 8. Tilt -A -Whirl 9. Zipper 10. Bumble Bees 11. Go-Gator 12. Hampton Cars 13. Hampton Cycles 14. Lady Bugs 15. Merry -Go -Round 16. Tea Party Game List C-10969 Balloon Dart C-17378 Bean Bag C-17222 Buoy Toss C-179 Cat Punk Rack C-13577 Derby Race C-180 Ducks C-178 Glass Pitch C-175 Hi -Striker C-4787 Long Range Basketball C-183 Machine (BB) Guns C-6636 Mini -Basketball C-7102 One Ball C-7101 Rainbow Pitch C-4016 Ring Toss C-174 Rope Ladders C-17188 Tubs Non -Mechanical Water Race 17. Fun Factory 18. Giant Slide Inflatable Computer Portrait Food/Candy Wagon All rides OSHA approved. Bold C#'s are Major Rides. Electrical system meets NEC code Article 525. Rides and games limited to space and availability and subject to change. P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 ACORD,,, CERTIFI °SATE OF LIABILITY INSUR NCE PRODUCER Allied Specialty Insurance, Inc. 10451 Gulf Blvd. Treasure Island, FL 33706 1-800-237-3355 mono Christiansen Amusements, Inc. P.O. Box 997 Escondido CA 92033 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED INSURERS AFFORDING COVERAGE INSURER a T.H.E. Insurance Company INSURER B: DATE (MWDDMYYY) 7/1/2004 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. NAIC # INSURER C. INSURER D. INSURER E: COVERAGES THE ANY MAY POLICIES. INBti POLICIES REQUIREMENT, PERTAIN, ADO L OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR {NSWTYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATEIMM'DDIYYI POUCY EXPIRATION DATE fMMroDMY, UMRS GENERAL X LABILITY EACH OCCURRENCE S 1,000,000 COMMERCIAL GENERAL UPBIUTY DAMAGE IU RtNII:U PREMISES (Ea occurencel $ 50,000 A CLAIMS MADE b( I OCCUR MED EXP (My one person) $ M4MT2521 4/1/2004 4/1/2005 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPUESIPER: PRODUCTS - COMP/OP AGO $ 1,000,000 POUCY I I JECT I I LOC AUTOMOBILE LIABILITY COMBINED SINGLE UMIT (Ea accident) $ A AU. OWNED AUTOS BODILY INJURY (Per person) $ H HIRED AUTOS BODILY INJURY (Per accident) $ - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY I I EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' I uRll ITTTORY WC STATV- UMRS OTH- FR ANY PROPWETOWPAR NER/EXECVTIVE OFFICEIVMEMBER EXCLUDED? E.L EACH ACCIDENT $ dosoribe under t SPECIAL PROVISIONS below EL DISEASE - POUCY UMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Additional Insured with respects to operations of the named Insured: City of National City and the parking Authority of National City, its officials, employees, agents and volunteers For the dates of February 14 - March 2, 2005 CERTIFICATE HOLDER _----- - -- --- 1 City of National City 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL R LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IMPOSE NO OBLIGAT REPRESENTATIVES. I C AC tD CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE January 18, 2005 AGENDA ITEM NO. 12 r ITEM TITLE TEMPORARY USE PERMIT - BOYS & GIRLS CLUB - ANNUAL DIRECTOR'S DINNER SERVED WITH ALCOHOL - January 29, 2005, 6:00 p.m.-10:00 p.m. -1430 D Ave. PREPARED BYRosie Gut EXPLANATION e 336-4210 DEPARTMENT Building & Safety The Boys & Girls Club is requesting permission to hold their Annual Director's Dinner on Saturday, January 29, 2005. In addition, they are requesting permission to serve wine at the event. The Municipal Code requires a TUP for the sale or use of alcohol on city -owned buildings. The Boys & Girls Club is requesting a waiver of fees. The application and event qualify for a waiver of fees per City Council Policy #704. CEnvironmental Review N/A Financial Statement Approved By: Finance Director The City has incurred in costs $177 for processing the T.U.P. through various City departments. Account No. STAFF RECOMMENDATION Q..T.A.1-C.e s1, Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS Listed Below owl Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9;99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING COMMUNITY SERVICES FINANCE ENGINEERING PUBLIC WORKS PARKS FIRE POLICE CITY ATTORNEY RISK MANAGER National City Boys and Girls Club Annual Director's Dinner Saturday, January 29, 2005 6:00 p.m. until 10:00 p.m. YES [x] YES [x YES [x] YES [ x ] YES [x] YES [x] YES [x] YES [ x ] YES [x] YES [x] NO [ ] NO [ ] NO[ ] NO [ ] NO [ ] NO [ NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SPECIFIC Conditions of Approval: FIRE (336-4550) Emergency access to the facility to be maintained at all times 1. Access to be maintained at all times to all fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds with the amounts of coverage to be determined by the Risk Manager. RISK MANAGER (336-4243) 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and it's officials, employees, agents and volunteers as additional insureds on above policy. 3. Standard hold harmless signed. (Done) FINANCE (336-4330) 1. A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organization is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) Type of Event: Public Concert Parade Motion Picture oS°o'/Ld ddaliteCto �r y�/ )��I/ Event Title: it � Gl4C�y�tv"al/��j ��f7��� / , _ 0//-e j Event Location: 3 o r �/ 4ve_ ( �(i , 4 G t C (S l /�%r u � Event Date(s): From (P0/1 to % 02,-ar Total Anticipated Attendance: 2 Month/Day/Year ( Participants) ( Spectators) Fair Demonstration — Grand Opening Festival Circus „Other _ Community Event Block Party Actual Event Hours:_ pm to %p Setup/assembly/construction Date: U Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: D)yS !_ )j.s �I ow 4)�- For Profit Chief Officer of Organization (Name) ,Not -for -Profit Applicant (Name): �✓ T L�! Address: \3a 0 Ak— Daytime Phone: ta.4-Syu(S-Evening Phone: ( ) Fax: ( ) Contact Person "on site" day of the event: CI —KO 0)0- Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? 1 YES _ NO If YES, please explain the purpose and provide amount(s): $ 20 U U Estimated Gross Receipts including ticket, product and sponsorship sales from G this event. $ p D Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? $ 12D0 Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 0 �e If\ A � � G Lc) l �-t— —C cx (� V \U CsT YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the L /�� sale: �YEs ___ NO Does the event involve the sale or of alcoholic beverages?,410 6 47e., YES d0 Will items or services be sold at the event? If yes, please describe: _ YES Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES 60 Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES I— NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: _ YES /' NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: ZS , NO Is this a night event? If YES, please state how the event and surrounding area will..be illuminated to ensure safety of the participants and spectators: WQ W c` Q, h(2_ vYj Q 1231Gy-s 4.- C)( r 6' Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. \Vn Y \C011•e., 1 ilia i cL cLL 01(c JP Please describe your Accessibility Plan for access at your event by individuals with disabilities: v-)0, am-- a cm,. uc14 Please provide a detailed description of your PARKING plan: voc 4.)CQD iti42 ovAt>p,AA&./4"-- Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: no lock-escetat c uyaid2e f v NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES�O Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES ENO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: — YES l NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES r .NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval f Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Boq,./- 7 LJ (4 ob wA-7-/604c C(J Person in Charge of Activity r-- emu_ / /c 2f.SA.) VoacPNj4ti-71 Address 1 L 0 t� Telephone LQi' re 4-3 G4/y S Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant ip? ! / /—a/ Date For Office Use Only Certificate of Insurance Approved Date 7 RE E UEST FOR A WAIVER QF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization 150t i hL Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) 4,, No (Please sign the form and submit it with the TUP Application) 4. WiII the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. (u V No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. DO/S 'f )ji 1 64 No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 ITEM #13 1/18/05 Discussion of selection of a date for a Council Retreat on goals and priorities, citizens' survey and strategic planning. (City Manager) ITEM #14 1 / 18/05 Discussion requesting Council's input on the citizens' survey. (City Manager) WRITTEN COMMUNICATIONS NATIONAL • CITY *TRANSIT MONTHLY REPORT December 2004 Technology ITEM #15 1/18/05 1. The joint NC -MIS Department —NCT project for community messaging via electronic kiosks is currently in the procurement phase. We are in the process of reviewing quotes with an order for our first Kiosk expected by mid -January 05. NCT has approved CIP funding available for this project. The NC -IT department will evaluate and assess this equipment, which will include public feedback regarding its performance with an eye to future purchases and public placement at various NC locations. Ridership: DEC 03 NOV 04 DEC 04 Ridership : 140,250** 133,809* 129,424** Passengers per mi. 3.53 3.47 3.26 Passengers per hr. 41.23 40.03 37.01 Revenue miles: 39,930 38,551 39,684 Revenue Hours: 3,541 3,343 3,497 Road Calls 03 04 02 Accidents 02 03 04 Lift deployments N/A 596 460 Our on -time performance 80.0% 94.1% 93.8% *One less service day due to Holiday on 11/25 **One less service day due to Holiday on 12/25 Maintenance: NCT Revenue vehicles used 11,692 gallons of low sulfur diesel fuel. Our average cost per gallon was $1.93.1 in November with an average cost of $ 1.67.7 from July thru November. NCT performed 08 Preventative Maintenance Inspections (PMI's) and made over 100 minor repairs to our fleet vehicles in December. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 Route Development & Marketing: NCT is in the final procurement phase for two (2) concession style trailers with an updated delivery date of possibly mid January 2005. These trailers will be used primarily for ridership development and dispersal of NCT/MTS system information at various locations such as the Euclid and 24th Street Trolley stations and Plaza Bonita and at participating in NC special events and functions. Bus shelters: Due to the problems associated with a proposed joint NCT/Chula Vista shelter procurement, NCT used approved CIP funds to purchase a non -advertising panel style 4' x 13' shelter and four person bench from Tolar manufacturing which also supplies shelters for the MTDB and Viacom contract. This shelter is similar to the models at our existing bus stops and was delivered to NCT in late December and will be installed at the 21st & L Street location by mid January 2005. Ten metal benches have also been previously delivered to NCT and will be installed after the final locations have been determined and the necessary site work is finished. These benches were originally dedicated for placement near Senior and elderly Centers along our three routes. If a separate procurement for shelters that already have benches goes forward it may make these benches available for other locations as well. Events: NCT decorated our facility with Christmas lights for the first time on the building section facing the Blue Line Trolley. We received positive comments from employees and some residents and will be looking to duplicate this each year as a new NCT Holiday tradition. NCT provided five (5) buses without charge on 12/17 and transported 143 Los Palmas students and teachers to a performance of the Nutcracker ballet at the Civic Theatre in San Diego. And on 12/18 NCT provided one (1) bus without charge and sponsored 35 children also for the Nutcracker performance. This was a joint project between NC Community Services, National City Transit and the California Ballet. NCT conducted a Food Drive in conjunction with the Food Bank of National City and the Highland Ave Baptist Church food ministry. Passengers who donated a non-perishable food item were allowed to "ride free" from 12/12 thru 12/18. NCT collected 662 non-perishable food items during this drive. This drive was coordinated with media assistance from Maria Arcega Dunn, the new NC Public Information Officer and we are looking to expanding this event for the 2005 food drive. NCT "adopted" a family for the Holidays. Donations were made to this event by the NC Kiwanis Club ($100), McDonald Transit Associates ($500) along with NCT funds ($500) for a total of $1,100. This money was used to purchase gift cards at Wal-Mart and Plaza Bonita in National City for the nine Martinez children. Three of the children and their Grandmother also attended the NCT employee Christmas Party held on 12/23 where they were presented with a large food basket by employees containing a Christmas Turkey Dinner for twelve people with all the "fixings." NCT provided three (3) shuttle buses to the Metropolitan Transportation System (MTS) in support of the Holiday Bowl Football game at Qualcomm Stadium on December 30th and we carried 129 passengers. The NCT cost of this event will be reimbursed by MTS. Training: I attended a daylong seminar entitled " Counter Terrorism -The Suicide Bomber" held on December 1st in San Diego. This training was conducted by Defender Training and Consultants and utilized leading Israeli instructors to present this material. Some of the training information and materials from this seminar is being incorporated into NCT new employee Orientation and on- going safety classes. Administration: NCT participates and is a member of many standing Transportation Committees at MTDB and SANDAG such as the Regional Transit Management Committee (RTMC), Transit Services and Facilities Committee (TSFC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare working group, and Accessible Services Advisory Committee (ASAC). NCT staff or myself directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, and Public Safety Committees and I was recently elected President of the Chamber for a one-year term beginning in February 2005. This is indeed a very great honor and I am sincerely humbled by the support from the Chamber membership and the Community and will try to do a good job in that capacity. NCT is also committed to working with the National City Community and residents through direct participation in Community projects and organizations as volunteers or sponsors. NCT is also willing to evaluate, and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: January 10, 2005 p0 5/4-, John P. Webster Sr. Vice President -General Manager National City Transit 3 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 TOTAL RIDERSHIP ■Jan-04 ❑ Feb-04 ■Mar-04 ■Apr-04 ❑May-04 ■Jun-04 ■ Jul-04 ■Aug-04 ■Sep-04 ■ Oct-04 ❑Nov-04 ❑Dec-04 ITEM #16 /' /18/05 eta ERIC E. PETERSON (^ v 40-0 /vim January 3, 2005 Mr. Roberto Saucedo Public Works Superintendent 2100 Hoover Ave. National City, CA 91950 Dear Mr. Saucedo, I'm writing on behalf of my parents and I to express our deep appreciation for two National City Public Works employees, Mario Lopez and Freddy Canedo. During the last week of the December, when. most of National City was on vacation, my sewer backed up. The problem was at a point where my sewer line entered the city's main. We hired a private contractor to clear the line, but they were unable to clear the blockage. Desperate, I went to the National City Police for assistance. It was there that they were able to get a hold of Mr. Canedo and on his vacation, came to my residence to assess the situation. He ran some die down my line to determine that there was some flow, enough to get me by until the following Monday. He instructed me how to deal with the problem until then. I thought that it was an act of public service of the highest degree for Mr. Canebo to visit us on his day off to do what he could to help. He did a lot to alleviate our concerns that we would be okay until Monday. First thing today (Monday) he was at my residence with his boss, Mr. Lopez and they quickly and courteously cleared the blockage and further promised that they would "flash" the main line later in the day to ensure that I would have no further problems. I'm a former manager of a printing company with many of my former 34 employees having high customer contact. I know firsthand the importance of having hard-working and personable people working on my team. I just want you to know that you have two first class employees in Mr. Lopez and Mr. Canebo. I can tell you that they're fine representatives of National City Public Works and I would appreciate it if you would let them know personally that we, my parents and I, appreciate there exemplary service to us and the community of National City. Sincerely, Eric E. Peterson Cc: Joe Smith, Wastewater Supervisor Mr. & Mrs. Eric D. Peterson 2311 LANOITAN AVENUE • NATIONAL CITY CA 91950 619-475-4487 • eep014@netzero.com WRITTEN COMMUNICATIONS LAW OFFICES MILCH & WOLFSHEIMER A PARTNERSHIP CONTAINING PROFESSIONAL CORPORATIONS JAMES S. MILCH, A P.C. LOUIS M. WOLFSHEIMER, A P.C. OF COUNSEL TO PROCOPIO, CORY, HARGREAVES 5 SAVITCH LLP January 4, 2005 The Honorable Louie Natividad Council Member, City of National City 1243 National City Blvd. National City, CA 91950 Dear Council Member Natividad, ITEM #17 1/18/05 530 6 STREET SUITE 1850 SAN DIEGO, CALIFORNIA 92101-4469 TELEPHONE (619) 231-9933 FAX (6191 23I.8179 On November 16, 2004 the City Council voted to extend the Emergency Ordinance originally adopted in December of 2003 which barred new check cashing businesses from opening in National City. Prior to the vote Mayor Inzunza noted that there had been discussion concerning an instance where a check cashing store desired to move and transfer it's business license from a rental site to a location across the street which was owned and being redeveloped by the store operator. It was suggested that consideration of allowing the transfer of the license in this exceptional circumstance, where there would be no net increase in sites, could be addressed by the council at a future meeting. We represent the store operator who has already received a conditional use permit to redevelop a significant site on the northwest corner of Plaza and Highland, which is a 43,600 sq. ft. parcel with the intention of redeveloping of a 13,000 sq. ft. building. This same operator/developer has an existing lease for a check cashing store in a 2300 sq.ft. location known as the "Shapiro site" directly across the street from this redevelopment site. Our client wishes to discontinue his lease in the "Shapiro site" and transfer his license to an 1800 sq.ft. portion of his 13,000 sq.ft. redeveloped building for his existing checking cashing business. The plans for the redevelopment of this parcel were originally filed with the city on December 8, 2003. At that time the city was made fully aware of the intention to use a small portion redeveloped building area as a transfer location for the check cashing business across the street. The project had been discussed with both the mayor and Ben Martinez of Community Development for an extensive period prior to filing in December of 2003. It is significant to recall that Mr. Martinez was very positive about plans for leaving the "Shapiro site" for the new location since this would help in the possible redevelopment of the "Shapiro site". In April of 2004 a conditional use permit for this redeveloped shopping center at the northwest corner of Plaza Blvd. and Highland Avenue was approved by the City Council. Because of the moratorium, check cashing and payday advance businesses were prohibited at that time from operating on the premises. This restriction, of course, can be modified by the City Council. We suggest that the strict interpretation of the Moratorium would place an unfair burden on our client since it had already formed its redevelopment plan many months prior to any final council action on the moratorium, and staff knowing that our client was proposing to move his business from across the street, was extremely positive about this major redevelopment on this important intersection. Based upon staffs enthusiastic support, our client moved rapidly forward, expending substantial funds to complete the necessary engineering and design studies. We would ask that the present Moratorium Ordinance be amended to alleviate this inequity to our client and it can be done without doing harm to the goals of the moratorium. There would be no net increase in licenses, but merely a transfer from a leased site to one owned by the licensee. Besides allowing a transfer from a rental site to an owned site, further qualifying conditions might include: 1. The setting of a maximum distance between an existing leased site that is closing.to. a new site,. owned by the same owner. We would suggest a distance of between 100 and 150 feet. Thus, the transfer ofa business license by the same business owner could only occur if the distance between the existing site and the new site is less than 100 to 150 feet and is the new site owned by the licensee. 2. A second qualification might relate to the date that the plans were originally submitted for any new/transferred site. We would suggest that if plans were submitted prior to the formal establishment of the interim moratorium (Jan. 6, 2004) that the new. site location should be exempt from the prohibition provisions. We believe that only our client, USA Checks Cashed, was caught up in the emergency ordinance and only our client will be affected by your remedial action, which will not change the number of licenses existing in National City. We would appreciate the courtesy ofa brief meeting with you to review with you the plans for this redevelopment and we will call you in the first week of the new year for such an appointment. Sincerely, Milch & Wolfs Louis Wolfsheimer LOCATIONMAP Shoo in- Center at 910 to 9- , " ' ,., tarnAvx3ise CUP ?.903-291Z-2003-i NATIONAL CITY PLANNING DRN. DATE: 2/18A14 INITIAL HEARING; 911104