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2006 12-19 CC CDC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — December 19, 2006 - 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 and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board 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 Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission 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 and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos ester) disponibles en el pasillo al principio de la junta. I// Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL COUNCIL AGENDA 12/19/06 Page 2 APPOINTMENTS/INTERVIEWS 1. Decision on Council Vacancy Replacement. (City Attorney) 2. Interviews and Appointments: Sweetwater Authority Board. (City Clerk) 2.a Selection of Vice Mayor (Council Initiated) PRESENTATIONS Employee of the Month Program 3. Maria Elena Wright, Recreation Center Supervisor. (Community Services) 4. Recognition of Mr. Moreno for removing the liquor advertising next to Sweetwater High School. (Council initiated) 5. Historical Society's Presentations to the City of National City. 6. Presentation of check from Regional Solid Waste Association by Mayor Ron Morrison. 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. 7. Approval of the minutes of the regular City Council/Community Development Commission meeting of December 5, 2006. (City Clerk) 8. Resolution approving a Tentative Subdivision Map and Planned Development Permit approving a Negative Declaration and authorizing the filing of a Notice of Determination for a retirement community including 498 senior residential units on an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. S-2006-2/PD-2006-1/IS 2006-1) (Planning) COUNCIL AGENDA 12/19/06 Page 3 CONSENT CALENDAR (Cont.) 9. Resolution of the City Council of the City of National City authorizing funds in the amount of $16,591 for personal protective equipment and $38,997 for training in reimbursable grant funds or the Police and Fire Departments to be divided equally from the FY06 Urban Area Security Initiative Grant Program. (Fire) 10. Resolution of the City Council of the City of National City authorizing an expenditure of $29,250.81 for technology enhancements in the Police Department's Communications Center. Enhancements include purchase, installation and reconfiguration of communication consoles to facilitate emergency communications equipment. Such expenditure to be funded through State Law Enforcement Supplemental Funding (SLESF) grant money from FY 99 & prior. (Police) 11. Temporary Use Permit — American Cancer Society's National City Relay for Life at Kimball Park from August 11-12, 2007 with $1,500 in fees waived due to the adoption of City Council Policy #804. (Building & Safety) 12. Resolution of the City Council of the City of National City continuing appropriations from the Fiscal Year 2005-2006 Budget into the 2006-2007 Fiscal Year Budget. (Finance) 13. WARRANT REGISTER # 20 (Finance) Ratification of Demands in the amount of $357,722.81. 14. WARRANT REGISTER # 21 (Finance) Ratification of Demands in the amount of $2,400,828.97. 15. WARRANT REGISTER # 22 (Finance) Ratification of Demands in the amount of $398,718.72. COUNCIL AGENDA 12/19/06 Page 4 PUBLIC HEARINGS 16. Public Hearing — Tentative Subdivision Map for Park Lofts Condominiums. Location: 1509, 1531, 1535 National City Boulevard & 49 East 16th Street. APN: 560-100-05, -06, -07, & -08. (Applicant: Paradise Creek Holding Corporation) (Case File No.: S-2006-15) (Community Development Commission) 17. Public Hearing — Tentative Subdivision Map for "Harbor View Condominiums". Location: 404 E. 8th Street, 419 E. 9th Street, and 829 & 831 D Avenue. APN: 556-493-01, -02, 03, -04, & -05. (Applicant: Harbor View Condos LLC/Gulf Unlimited Corporation. (Case File No.: S-2006-16) (Community Development Commission) NON CONSENT RESOLUTIONS 18. Resolution approving Tentative Subdivision Map for Park Lofts Condominiums. Location: 1509, 1531, 1535 National City Boulevard & 49 East 16th Street. APN: 560-100-05, -06, -07, & -08. (Applicant: Paradise Creek Holding Corporation) (Case File No.: S-2006-15) (Community Development Commission) 19. Resolution approving Tentative Subdivision Map for "Harbor View Condominiums". Location: 404 E. 8th Street, 419 E. 9th Street, and 829 & 831 D Avenue. APN: 556-493-01, -02, 03, -04, & -05. (Applicant: Harbor View Condos LLC/Gulf Unlimited Corporation. (Case File No.: S-2006-16) (Community Development Commission) 20. Resolution of the City Council of the City reallocating $430,000 for the old library remodel as required by the lease with the San Diego Joint Port Labor Relations Committee (PMA/ILWU), awarding a contract to Stevens Construction in the amount of $360,000 to perform the work required by the National City Library remodel for the PMA/ILWU project, and authorizing the Mayor to execute the contract. (Engineering) 21. Resolution approving the Memorandum of Understanding (MOU) between the City and the Police Officer's Association (POA). (Human Resources). NON CONSENT RESOLUTIONS (Cont.) COUNCIL AGENDA 12/19/06 Page 5 22. Resolution approving the Memorandum of Understanding (MOU) between the City and the Firefighters' Association (FFA). (Human Resources) 23. Resolution of the City Council of the City of National City approving and adopting the FY 2006-2007 Mid -year Budget changes. (City Manager) NEW BUSINESS 24. Adjustments in compensation for Mayor and City Council; limitations on compensation for CDC Chairman and Board Members. (City Attorney) 25. Discussion of MTS proposal to transfer operational responsibility for National City Transit Service to Metropolitan Transit System (MTS); City of National City property at 522 West 8th Street. (City Attorney) 26. An appeal to the City Council of the Traffic Safety Commission recommendation not to install speed humps on 22nd Street between "N" Avenue and Palm Avenue. (By: Petitioners of 22nd Street between "N" Avenue and Palm Avenue). (Engineering) 27. Notice of Decision — Planning Commission denial of a Conditional Use Permit for a wireless communications facility at 1526 East 18th Street. (Applicant: T-Mobile USA) (Case File CUP-2006-10) (Planning) 28. National City Transit Monthly Report for December — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 29. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 11/22/06 through 12/06/06 of $782,154. (Community Development Commission/Finance) COUNCIL AGENDA 12/19/06 Page 6 CONSENT CALENDAR (Cont.) 30. Resolution approving an Exclusive Negotiation (ENA) with the San Diego Habitat for Humanity for 1820 G Street (APN #560-233-06) and 1441 Harding Avenue (APN #559-085-08), and authorize the Chairman to execute said Agreement. (Community Development Commission) NON CONSENT RESOLUTIONS 31. Resolution approving a Relocation Plan for the Park Village Project. (Community Development Commission) 32. Resolution approving an Exclusive Negotiation •Agreement with Knoefler Enterprises, LLC and authorizing the Chairman to execute the agreement. (Community Development Commission) NEW BUSINESS 33. A report requesting the Community Development Commission to name a citizen to serve on a sub -committee to develop public art for the National City Aquatic Center. (Community Development Commission) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Dispense with Regular Meeting of January 2, 2007. Next Adjourned Regular City Council and Community Development Commission Meeting - Tuesday — January 9, 2006 - 6:00 p.m. — Council Chamber- National City, California TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 1 ITEM TITLE APPOINTMENT TO FILL CITY COUNCIL VACANCY PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney Please see attached memorandum. Environmental Review ,, N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Memorandum A-200 (9/99) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: Mayor and City Council FROM: City Attorney SUBJECT: Appointment to Fill City Council Vacancy DATE: December 7, 2006 With the election of Vice -Mayor Morrison to the office of Mayor, a vacancy occurred on the City Council when Vice -Mayor Morrison was sworn in on December 5. Briefly stated, the Council has two options, which are set forth in Section 36512 of the Government Code: 1. Within 30 days of commencement of the vacancy, fill the vacancy by appointment; or 2. Within 30 days of commencement, call a special election to fill the vacancy. The special election shall be held on the next regularly established election date, not less than 114 days from the call of the special election. At the November 21 City Council meeting, the Council approved a motion to advertise for applicants for the City Council vacancy. As part of the motion, it was stipulated that all applicants must submit a statement of their financial interests, a resume, and nomination papers containing the signatures of at least 20 registered voters. It was also part of the motion that it was the Council's preference that any appointment be made with four councilmembers present. Lastly, the Council set a deadline for applications to be turned in by 6:00 p.m. on December 11, and scheduled a City Council meeting for December 12 at 6:00 p.m. to conduct interviews of applicants. The question has arisen as to whether an individual who has applied for appointment to the vacant City Council position may, upon the City Council's request, make a binding commitment not to seek election for a full term of office at the November 2008 election. As stated above, Section 36512 of the Government Code contains the provisions for filling vacancies on the City Council. In addition to providing the City Council the options to either appoint a person to fill the vacancy or call a special election, Section 36512 also provides that a city may enact an ordinance which: Appointment to Fill City Council Vacancy December 7, 2006 Page 2 a) Requires that a special election be called immediately; b) Requires that a special election be held when petitions containing a specified number of signatures are filed; c) Provides that a person appointed to fill a vacancy hold office only until the date of a special election. However, there is no provision in the law authorizing an appointment to fill a City Council vacancy conditioned upon a commitment by the person appointed not to seek election for a full term at the next general municipal election. Only where there is a temporary appointment made in connection with the calling of a special election to fill the vacancy may the term of the appointee be limited, and this limitation would be based upon an ordinance. Accordingly, it is my opinion that if a person is appointed to fill a City Council vacancy based upon a promise not to seek election to a full term at the general municipal election, that promise would not be enforceable. GEORGE H. EISER, III City Attorney GHE/gmo • Page 2 City of National City, California COUNCIL AGENDA STATEMENT December 19, 2006 MEETING DATE AGENDA ITEM NO. 2 ITEM TITLE PREPARED BY EXPLANATION INTERVIEWS AND APPOINTMENTS: SWEETWATER AUTHORITY BOARD Michael R. Da11a) DEPARTMENT City Clerk EXT. The Mayor's term on the Sweetwater Authority will expire on December 31st. Consideration and action on reappointment to a 4-year term ending December 31, 2010 is requested at this time. 1 ( Environmental Review _XX N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Act to re -appoint or appoint as Council deems appropriate BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below) Resolution No. None A-200 (Rev. 7/03) City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM December 6, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resour SUBJECT EMPLOYEE OF THE MONTH PROGRAM ITEM #3 12/19/96 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in December 2006 is Maria Elena Wright, Recreation Center Supervisor. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, December 19, 2006, to be recognized for her achievement and service. Attachment cc: Maria Elena Wright Leslie Deese, Community Services Director Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (2) © Recycled Paper Performance Recognition Award Maria Elena Wright Nomination Form The Community Services Department is proud to nominate Senior Services Coordinator Maria Elena Wright as December's "Employee of the Month." Maria has been a valuable employee of the City for over sixteen years. Maria's commitment to the Department takes her the extra mile to serve our City and its residents, especially our fairly large senior population. She was an integral link to the Department during our transition from Parks & Recreation to Community Services, which was accomplished without any interruption to our programs. Maria possesses exceptional communication and organizational skills which are evident in her responsibility for operating two senior centers and in coordinating the multitude of activities that occur at each center. Such planning involves the coordination of transportation for home -bound seniors who might not normally have the opportunity to participate in these activities. During her tenure, Maria has also increased and diversified the outings for seniors, allowing for greater participation in our planned activities. Maria collaborates on a daily basis with all facets of the Department, including recreation, neighborhood councils, special events, and public art. Maria is the consummate team player and always displays a positive willingness to assist fellow staff members. She is always willing to stay late to get the job done and is one of the first to volunteer her time for community and recreational events. Maria has also coordinated with Community Services staff to utilize senior volunteers to help with projects, contributing countless hours of community service to the city. On behalf of the Community Services Department, I am extremely honored to nominate Maria as National City's "Employee of the Month." Nominated by: Leslie Deese, Community Services Director 12/7/06 ITEM #4 12/19/06 RECOGNITION OF MR. MORENO FOR REMOVING THE LIQUOR ADVERTISING NEXT TO SWEETWATER HIGH SCHOOL (COUNCIL INITIATED) ITEM #5 12/19/06 HISTORICAL SOCIETY'S PRESENTATIONS TO THE CITY OF NATIONAL CITY ITEM #6 12/19/06 PRESENTATION OF CHECK FROM REGIONAL SOLID WASTE ASSOCIATION (MAYOR RON MORRISION) ITEM #7 12/19/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF DECEMBER 5, 2006. (CITY CLERK) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 8 ITEM TITLE Resolution Approving a Tentative Subdivision Map and Planned Development Permit, Approving a Negative Declaration, and Authorizing the Filing of a Notice of Determination for a Retirement Community including 498 Senior Residential Units on an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. S-2006-2/PD-2006-1/IS-2006-1) 0-t-- PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the October 17, 2006 public hearing and held over the attached resolution from the meeting on November 21, 2006. It would be appropriate to adopt the resolution at this time with the understanding that the entitlements do not become effective until the General Plan Amendment and Change of Zone are finalized. Environmental Review N/A Negative Declaration (IS-2006-1) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. kL BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT, APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LLC CASE FILE NO. S-2006-2/PD-2006-1/IS-2006-1 WHEREAS, application was made for approval of a Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4"' and 8th Streets and between Arcadia Avenue and Burden Drive, on property generally described as: A portion of the Northeast VI of the Southwest Quarter, a portion of the southeast 1/4 of the southwest quarter, a portion of the northwest 1/4 of the southeast 1/4, and a portion of the southwest '/a of the southeast 'A of Quarter Section 105 of Rancho De La Nacion according to Map thereof No. 166, together with Lots 1 thru 20 of Traquilla Place according to Map thereof No. 1433, all in the City of National City, County of San Diego, State of California WHEREAS, the Planning Commission of the City of National City, California, considered said application at a public hearing held on September 18, 2006, 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 October 17, 2006, 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-2006-2/PD-2006-1 and IS-2006-1 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 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 the Tentative Subdivision Map and Planned Development Permit, for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4'h and 8`h Streets and between Arcadia Avenue and Burden Drive, based on the following findings: Resolution No. 2006— December 19, 2006 Page 2 FINDINGS FOR APPROVAL OF THE OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed senior residential community, at a density of 41.4 units per acre, is consistent with the uses allowed in the Senior Citizen Housing (RM-3) Zone and the density of other similar senior projects within the City, since the proposal adds infill development suitable for a specific segment of our community as described in the report, and since there are no specific plans applicable to the property. This consistency finding is dependent upon the subsequent City Council action to amend the National City General Plan and applicable specific plans, which are not part of this action at this time. 3. The site is physically suitable for the proposed type of development, since the proposed senior residential community will provide a needed service for senior residents; meet or exceed many design regulations required of non -age restricted apartments; add to the urban character of the area; and the development mostly follows the existing contours of the site and only minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the three- to six -story buildings proposed will be buffered from the established single-family neighborhood adjacent to the east by the San Diego Academy property and a three-story multi -family subdivision currently under construction, will be buffered from the established single-family neighborhood to the north by appropriate setbacks, landscaping, and site layout, and will complement the existing hospital campus to the west. 5. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. 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. 7. 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 any easements located on the site will be relocated by condition of approval. 8. 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. Resolution No. 2006— December 19, 2006 Page 3 9. The subdivision has been considered by the Planning Commission with regard to its benefit to senior housing needs in the community and the region, and these needs are balanced by the availability of public service and public utilities to the project site. 10. 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. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site can accommodate 498 senior apartments with adequate parking, social services and amenities, and useable common spaces which are appropriate for a senior residential community. 3. 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 498 new senior apartments will generate approximately 1,860 average daily trips (ADT) which can be adequately served by adjacent streets, including East 4th Street, which is a collector with a functional maximum ADT of 10,000, and E. 8th Street, which is a major arterial with a functional maximum ADT of 25,000. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 498 new independent congregate and assisted living housing opportunities will be created in a region facing a growing demand for additional housing, especially senior housing. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (IS-2006-1) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the Citys independent judgment and analysis, and hereby approves the proposed Negative Declaration and authorizes the filing of a Notice of Determination. Resolution No. 2006— December 19, 2006 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8'h Streets and between Arcadia Avenue and Burden Drive is hereby approved subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize the development of a 498 unit senior residential community, including a village square building with sociaVretail amenities for residents, and open space amenities. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B, dated 8/08/06 and Exhibit C dated 8/21/2006, case file no. S- 2006-2/PD-2006-1. 2. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall riot be issued until the zone designation affecting the property is approved by the City Council and amended to Senior Citizens' Residential (RM-3-PD). 3. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the National City General Plan and applicable specific plans are amended so that the project is consistent with these plans. 4. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted concurrently with the grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 5. Landscape plans shall include a minimum of 15% of 24' box or greater specimen trees adjacent to public roads and building facades that are visible from public roads and adjacent properties 6. All rooftop equipment shall be shielded from view of the neighboring uses and the method of screening shall be noted on building plans. Plans should correspond with the typical rooftop plan for Building A submitted by the applicant, which shows equipment in recessed rooftop wells, or shall show equipment placed within other approved enclosures or behind barriers, such as parapet walls. 7. A separate permit shall be submitted for review and approval of all signs prior to installation. 8. Waste/recycling plan detailing temporary site storage and disposition of trash and recyclables shall be submitted for review by the Planning Director prior to building permit issuance. All trash enclosures shall be provided with a solid, covered roof. 9. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association Standards (NFPA). Resolution No. 2006— December 19, 2006 Page 5 10. Fire access must be provided throughout the development. Minimum roadway width of 20 feet shall be provided, a turning radius of 28 feet, and a vertical clearance of 13 feet 6 inches on all sky bridges, per review and approval of the National City Fire Department. 11. Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior openings shall be provided. 12. Fire protection systems shall be required, per review and approval of the National City Fire Department. 13. Project shall cooperate with the National City Police Department to include provisions for project to comply with the Crime Free Multi -Housing Criteria and Crime Prevention Through Environmental Design standards. 14. All existing and proposed easements within the site boundaries shall be noted on the final map, specifying any proposed to be abandoned or relocated. 15. All new sewer systems installed in conjunction with the development and within the project boundaries shall be maintained by the property owner. 16. A bus shelter, including a bench and trash container, shall be installed along the bus route on 8th Street prior to occupancy and shall be detailed on the improvement and grading plans. The type, design, and location shall be coordinated with the National City Transit Director. 17. A Hydrology study (100 year flood) shall be submitted to the Engineering Department. 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 Departments requirements. 18. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the"Priority Project Permanent Storm Water BMP Requirements' and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 19. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. Resolution No. 2006— December 19, 2006 Page 6 20. All surface run-off 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. 21. 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 Citys standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous 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. Grading plan shall be draw on D-size sheets. 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. 22. The existing and proposed curb inlet on property shall be provided with a "No Dumping' tile in accordance with the NPDES program. 23. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 24. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. The sewer study recommendations shall be part of the Engineering Department requirements. 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. 25. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 26. A soils engineering report shall be submitted for the Engineering Departments 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2006— December 19, 2006 Page 7 27. An existing 10 foot wide sewer easement reserved to the City of National City exists north of 7th Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 28. The deteriorated portions of the existing street improvements along the property frontages (4th, 6th 8th and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced to the satisfaction of the City Engineer. 29. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.) to the satisfaction of the City Engineer. 30. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps and shall be indicated on the grading plans. 31. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 32. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (76 of driveway) shall be replaced with curb, gutter and sidewalks to the satisfaction of the City Engineer. 33. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing and proposed easements and the ownership at the property. 34. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services cost. 35. 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. 36. 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. 37. 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. 38. The proposed street vacation on 7th Street shall be approved by the City Council prior to the final map approval. Resolution No. 2006— December 19, 2006 Page 8 39. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 40. The final map shall be recorded prior to issuance of any building permit. 41. All new property line survey monuments shall be set on private property, unless otherwise approved. 42. 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 existing horizontal control stations shall be shown. 43. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 44. Exterior walls of buildings/walls/fences/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. 45. A"No Parking, red cub zone shall be provided along the at the following locations: along the north side of East 8th Street, east 275 feet and west 150 feet from the Arcadia Avenue intersection. 46. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 47. 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 Section17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. 48. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorneys fees, arising from challenges to the Tentative Map, Planned Development Permit and Negative Declaration (IS-2006- 1) and any subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. Resolution No. 2006— December 19, 2006 Page 9 Applicant shall defend, indemnify, protect and hold harmless the City Of National City, its agents, officers, and employees, from any claim, action, liabilities and costs, including attorneys fees, or proceeding against the City Of National City or its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City Of National City, its Planning Commission, or its City Council concerning this Tentative Map, which action is brought within the time period provided for in Government Code section 66499.37. The City Of National City will promptly notify the subdivider of any claim, action, or proceeding and the City Of National City will cooperate fully in the defense. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 12/19/2006 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $16.591 FOR PERSONAL PROTECTIVE EQUIPMENT AND $38,997 FOR TRAINING IN REIMBURSABLE GRANT FUNDS FOR THE POLICE AND FIRE DEPARTMENTS TO BE DIVIDED EQUALLY FROM THE FY06 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM PREPARED BY Walter Amedee, l�jt,.' DEPARTMENT Fire Homeland Security Manager EXPLANATION The U.S. Department of Homeland Security has announced San Diego County would receive $6.3 million in new funding for the FY06 Urban Area Security Initiative Grant Program. The FY06 Urban Area Security Initiative Grant Program was designed to supplement the purchase of personal protective equipment and training for police and fire personnel. The City of San Diego Office of Homeland Security coordinated the request for equipment and training. National City's portion of the grant to purchase personal protective equipment totaled $16,591 and $38,997 for training, which will be divided evenly between the City's Police and Fire Department. This program requires the City to purchase the personal protective equipment and pay for training, then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must order and/or receive the equipment prior to the August 31, 2007 deadline and request reimbursement for training funds prior to January 31, 2008 deadline. Staff recommends the utilization of $55,588 of City funds for personal protective equipment and training for the Police and Fire Departments, and to request reimbursement for such equipment from the City of San Diego Office of .Homeland Security. The FY06 Urban Area Security Initiative Grant is a reimbursable grant that requires jurisdictions to order/receive equipment and training prior to being reimbursed for expenditures. Environmental Review ,� N/A Financial Statement Approved By: Finance Director No negative impact; FY06 Urban Area Security Initiative Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment and training prior to being reimbursed for expenditures. Account No. STAFF RECOMMENDATION Staff recommends the utilization of $55,588 (i.e. $16,591 for personal protective equipment and $38,997 for training) of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the City of San Diego Office of Homeland Security. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Notification of Subgrantee Application Approval Resolution A-200 (9199) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE TOTAL AMOUNT OF $55,588 FOR THE REIMBURSABLE GRANT PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT ($16,591)AND TRAINING ($38,997) TO BE DIVIDED EQUALLY BETWEEN THE POLICE AND FIRE DEPARTMENTS FROM THE FY06 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Federal Department of Homeland Security has announced that San Diego County will receive $6.3 Million in new funding for the Urban Area Security Initiative Grant Program to be used to supplement the purchase of personal protective equipment and training for police and fire personnel; and WHEREAS, the total amount of National Citys portion of the reimbursable grant funds is $55,588; $38,997 for personal protective equipment and $38,997 for training, to be divided equally between the police and fire departments; and WHEREAS, the City of San Diego Office of Homeland Security is responsible for coordinating the reimbursement requests for equipment and training; and WHEREAS, in order to be eligible for reimbursement, the Police and Fire Departments must order and/or receive the equipment prior to the August 31, 2007 deadline, and request reimbursement for training funds prior to the January 31, 2008 deadline. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $55,588; $38,997 for personal protective equipment and $38,997 for training to be divided equally between the Fire and Police Departments, and directs staff to request reimbursement for such expenditures from the City of San Diego Office of Homeland Security . PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney OFF CE OF HOMELAND SECURITY August 15, 2006 Ms. Jill Olen Deputy Chief Operations Officer San Diego UASI 1250 Sixth Avenue, Suite 1000A San Diego, CA 92101 Dear Ms. Olen: AUG 21'OG fi814:19 SUBJECI-: NOTIFICATION OF SUBGRANTEE APPLICATION APPROVAL U.S. Department of Homeland Security FY 2006 Homeland Security Grant Program (HSGP) Grant #2006-0071, OES ID# 073-66000 Subgrant Performance Period: August 15, 2006 to March 31, 2008 The-C:iovernor's Office of Homeland Security (OHS) has approved your FY 06 Homeland Security Grant Program (1-ISGP) application in the amount of 56,392,000. As of the date of this letter you may request reimbursement or advance of eligible grant expenditures using the OHS financial management forms workbook available at WWW°.t-uNELANta.CA.GOV. During the grant application review process, an OHS representative has reviewed and approved your FY 06 HSGP application. As a result of this review, some of your funded projects may have been assigned performance milestones shorter than the subgrant performance period stated above. Performance milestones will be used by OHS to both determine the appropriate date to disencurnber funds awarded under this grant and re -direct them to other needs across the State and as indicators of performance and grant management capacity in future competitive grant applications. Performance Milestones: Star; ATEACHED Additionally, Aviation/Watercraft requests, Establish/Enhance Emergency Operations Center (EOC) upgrades and sole source procurement requests will require additional approvals from OHS. Please request and obtain approval for these activities prior to incurring any costs, to he reimbursed under this grant, related to these activities. COVERNOR ARNOLD ' SCHWARLS\EGCE:R DlRECTOR MATT BEI I'ENFig' . EN OFFICE OF THE GOVERNOR SACRAMENTO, CALIFORNIA 4Ffl4 (' lo) 3?t-S 908 • FAX (916} 323-96.33 Ms. Jill Olen August 15, 2006 Following acceptance of this award, you must enter your grant information into the US Office of Grants and Training, Grant Reporting Tool (GRT), during the December 2006 Biannual Strategy Implementation Report (BSIR) period. The GRT can be accessed online at t1TTPs:/!wWw.REPORTI G.oDp.f)t15.G()vi. Semi-annual performance reports must be prepared and submitted to OHS via the GRT for the duration of the grant period or until all activities are completed and the grant is formally closed. Failure to submit performance reports could result in grant reduction, termination, or suspension. This grant is subject to all policies and provisions of the Federal Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from OHS. For further assistance, please feel free to contact your OHS program representative or the Grant Management Section at (916) 324-8908. Sincerely, MATTHEW BETTENHAUSE` Director Attachment OFFICE OF HOMELAND SECURITY SUBJECT: NOTIFICATION OF SU;BGRANTEE APPLICATION APPROVAL U.S. Department of Homeland Security FY 2006 Homeland Security Grant Program (11SGP) Grant 42006-0071, OES ID# 073-66000 Subgrant Performance Period: August 15, 2006 to March 31, 2008 Performance Milestones: PROJECT A PROJECT A PROJECT A PROJECT A PROJECT- A PROJECT 13 PROJECT, C PRCLI FiCE C - PROJECT C PROJECT C PERSONAL PROTECTIVE EQUIPMENT PERSONAL PROTECTIVE EQUIPMENT PERSONAL PROTECTIVE EQUIPMENT PERSONAL PROTECTIVE EQUIPMENT PERSONAL PROTECTIVE EQUIPMENT FIRING CONTRACTORS/CONSULTANTS HIRING CONTRACTORS/CONSULTANTS INTER, COMMUNICATIONS EQUIP. HIRING CONTRACTORS/CONSULTANTS HIRING CONTRACTORS/CONSULTANTS ES $2 79,333 LE $122,510 AG S7,600 PW $1.350 EMS $324,781 EMG $892, 716 PW $320,809 PW' $2,190,617 PW $605,073 PW S605,073 AUGUST-3 1, 2007 AUGUST 31, 2007 AUGtST 31, 2007 ALGL' T31,2007 AUGUST 31, 2007 FEBRUARY 28, 2007 FEBRUARY 28, 2007 'AUGUST 31, 2007 FEBRUARY 28, 2007 FEBRUARY 28, 2007 GOVERNOR ARNOLD SCHWA RZENEGGER • DIRECTOR MATT GETTENHAL OFTICC OF THE GOVERNOR, `.iACRA\lEN'TO, CALIFORNIA 95S14 (916) 324-S908 • FAX (91 =} 323-9633 EN City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Dec. 19 2006 AGENDA ITEM NO. 10 TEM TITLE Resolution of the City Council of the City of National City authorizing an expenditure of $29,250.81 for technology enhancements in the Police Department's Communications Center. Enhancements include purchase, installation and reconfiguration of communication consoles to facilitate emergency communications equipment. Such expenditure to be funded through State Law Enforcement Supplemental Funding (SLESF) grant money from FY 99 & prior. PREPARED BY L. Brent Roark, Operations Support Lieutenant DEPARTMENT Police EXPLANATION The current array of emergency communications and monitoring equipment (with additional equipment expected to be added) has rendered the current consoles to be inadequate for Department needs. Unexpended funds from FY 99-and years prior. SLESF grant monies will fund technologically advanced communications consoles for the Police Department Communications Center. The proposed consoles (Viking Console 1000 BAN LGT 24- S) and related hardware, installation and reconfiguration will meet the needs of the Department for the foreseeable future based upon anticipated emergency equipment additions. N. Environmental Review ✓ N/A Financial Statement No City General Fund revenue expended. Entire amount from State Law Enforcement Supplemental Funding from FY 99 & prior. Spending parameters for said funds are restricted to law enforcement technology enhancements. Proposed purchase fits within parameters. Account No. 157- 411-000-503 STAFF RECOMMENDATION Staff recommends authorization for $29, 250.81 SLESF expenditure. Such expenditure is necessary to provide adequate emergency communications consoles. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXPENDITURE OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS IN THE AMOUNT OF $29,250.81 FOR THE PURCHASE OF TECHNOLOGY ENHANCEMENTS IN THE POLICE DEPARTMENTS COMMUNICATION CENTER WHEREAS, the current emergency communications and monitoring equipment in the Police Department's Communication Center has rendered the current consoles to be inadequate for the needs of the Department; and WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide Supplemental Law Enforcement Services Funding (SLESF) for public safety purposes; and WHEREAS, unexpended funds from Fiscal Year 1999 and years prior of SLESF grant monies in the amount of $29,250.81 are available to purchase new consoles and related hardware, installation and reconfiguration from . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the expenditure of SLESF grant monies in the amount of $29,250.81 for the purchase of new consoles and related hardware, installation and reconfiguration for the Communication Center of the Police Department. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 11 /ITEM TITLE TEMPORARY USE PERMIT —American Cancer Society's National City Relay for Life at Kimball Park from August 11-12, 2007 with $1,500 in fees waived due to the adoption of City Council Policy #804. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 11-12, 2007. This event is a 24-hour walking relay that starts at 9 a.m. on August 11 and concludes at 9 a.m. on August 12. This relay will raise money for the fight against cancer. During the event there will be food, entertainment and educational activities. The event organizers request the use of the full City stage system. The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up to the amount of $1,500.00. This event is a City co -sponsored event. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through various City departments, plus $1,402.93 for Public Works and $349.00 for Fire permits. Total fees are $2,096.93. $1,500.00 can be waived by the City Council. Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees totaling $1,500.00. 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 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Cancer Society EVENT: Relay For Life DATE OF EVENT: August 11-12, 2007 TIME OF EVENT: 9 a.m. to 9 a.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for 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.) ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 4 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. CITY ATTORNEY 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 amounts of coverage to be determined by the Risk Manager. FIRE (619) 336-4550 1. Emergency access to be maintained at all times, into and through the park. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved California State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Provide a 2A:10BC fire extinguisher so located to have a travel distance not to exceed 75 feet. Minimum of one 2A:10BC fire extinguisher to be at the stage. 5. Provide a site map reflecting the lay out of the event. Placement of canopies/tents, exit pathways, etc. 6. First aid station to be provided and equipped. First aid station to be staffed by personnel trained at a minimum level of Advance First Aid and CPR certified. BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on City property at Kimball Park. The applicant sponsoring organization, American Cancer Society, has signed the Hold Harmless and Indemnification Agreement; however no insurance certificate has been provided. For this event, we require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. I would also like more detail regarding the First Aid staffing and equipment which will be available on site. What EMTs will be present? Will National City Fire personnel be on site all day? Will there be any other first aid personnel or arrangements? One housekeeping matter: I believe the form incorrectly notes that the event will NOT be held at a fixed venue (page 3) and this should be corrected. PUBLIC WORKS Street Division 1. Staff will post "No Parking" signs along affect streets before the event. Parks Division: 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide 5 portable toilets. 3. The event organizer shall provide staff for clean-up. Fees Unless waived by the City Council, the applicant shall pay $1,402.93 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $27.73 (account #001-422-221-102) Parks Division: $1,375.20 (acct. #105-422-000-102) Total: $1,402.93 Type of Event: Public Concert Parade Motion Picture Event Title: E%/¢ ��'e L/l` Die it/Aree.4a1 eif lam e6 1,4A54,a4)3.) Event Location: N/3/UR // / /-'e-K Event Date(s): From O _ 6 o 6 " Total Anticipated Attendance: ( Participants) ( Spectators) Fair _ Demonstration Grand Opening C� Month/Day/Ye Actual Event Hours: ! ar /pm toam/pm Setup/assembly/construction Date: 2( l 457 Start time: / a 5 0 Please describe the scope of your setup/assembly work (specific details): A _ Festival Community Event _ Circus Block Party Other Dismantle Date: 21- / Z/ Completion Time: / 2 am/ m0 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/i4) 6/VC Oce9eYPfy For Profit \1 Not -for -Profit Chief Officer of Organization (Name), 714 VW V..oPe/Ail%L> GAD Applicant (Name): //El A-/(l/ r ia�v,o Address: 6_Ss (An7//7 U L Pi!) 3// C/f- ga/v� Daytime Phone: (w 6� 77�Z3Evening Phone: ( ) 6q -6gLia_ Fax: ( ) Contact Person "on site" day of the event: k C f azIA:Ce, / Pager/Cellular: 6 / (� ` 'Z NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4 Is your organization a "Tax Exempt, nonprofit" organization? V YES _ NO Are admission, entry, vendor or participant fees required? YES _ NO If `'Eplease explain the purpose and provide amount(s): �,t�/}� 4 /S %,P44 7 - - /,&0 $ 9jDov Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $7! eao 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. '?9 y ;✓ A /s (A/c', o•- ,9 4 e /v/71/,P s - Cv fmL), / X u 76 to �f/ 5 JP/A %r re_ ;< 12DoD/ _ 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 sale: a vo YES NO "YES NO YES " NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: YES '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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve th use of tents or canopies? If YES: Number of tent/canopies Sizes (0 X / 6 j O K LD NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? * F)// -E jcren SI Th 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 To et 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: /S Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: CS 5��7%t Vet-04 reM C%a--rat L./2 _ Please describe your procedures for both Crowd Control and Internal Security: e a 1 4014,E - A p 4,11 / : io /4_55/C-f- v YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event?C�If YES, please list: Security Organization: / %/ i4 ,eC.O go .S Security Organization Address: If 31 f`"1424462 j 1 L C`o,c( Security Director (Name): rm,,,i7 h A)5'/�/v Phone: P11 -qv' - as ,y -TES _ 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: USE LiyriLs s/4-6i Apoda)-► .' f At C S Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 41e / J 4>D u-pene, ,r- Please describe your Accessibility Plan for access at your event by individuals with disabilities: SCE'. 1-0/ // k-e t1 cc' Please provide a detailed description of your PARKING plan: 15- i&L --/ / Vi}cog is S /GiP�r�d w� Gv/// U .e f_ S'i (of JqS �?PDC Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: ram, _ PO/ // .UDT/g �/ k /c7v /Vt. / rI��OBr�4 Tv Zvi 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: (mr ,57e \ Type of Music: 1(4g/ ET' vYES _ NO Will sound amplification be used? If YES, please indicate: Start time: %d *am m Finish Time % an pm YES _ 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: v YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:, n Revised 08/10/05 Event: ,for Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 ���`'/e»4) (3142Cen cgeie Ci CA- 2. 1 v/s/� / 1 e Person in Charge of Activityti/le/t 4u-t �c -i66, Address �bSi eHm/, sz e4 S7,40 g Telephone g/q' AgZ "7 yZ 5 Date(s) of Use '/ f. 57— /a67 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 Official Title Date For Office Use Only Certificate of Insurance Approved Date l0 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 sponspring organization A1El-h //J Type of Organization Vvu1//Ted ,Llep r J (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) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. /4446 -' / Geo p LPc,9 (__ 69426-)2 p i i17--_s; t- Mt p,4 £D2)L? 472Q y2•,d8exey4--f air No (Please proceed to Question 5) 11 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) Signature Date /2 City of National City, California COUNCIL AGENDA STATEMENT 12 MEETING DATE 12/19/06 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Continuing Appropriations from the Fiscal Year 2005-2006 Budget into the 2006-2007 Fiscal Year Budget PREPARED BY Tess E. Limfueco 4) Finance Director DEPARTMENT Finance x 4333 EXPLANATION At the end of each fiscal year on June 30, all budgets expire except legal contracts and obligations unless the City Council takes further action. In particular, Capital Projects and Grant Funded Budgets must be carried over into the new fiscal year. The list of recommended "carryover projects" was prepared after the review and analysis of Department Managers and Finance Staff of the remaining budget balances as of 6/30/06. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve and file BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Continuing Appropriations List ♦ A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONTINUING APPROPRIATIONS FROM THE FISCAL YEAR 2005-2006 BUDGET INTO THE 2006-2007 FISCAL YEAR BUDGET WHEREAS, certain grants and capital improvements were included in the fiscal year 2005-2006 budget; and WHEREAS, those projects were not completed or under contract at the end of the fiscal year on June 30, 2006; and WHEREAS, the budgets for those projects would expire if the appropriations were not continued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the appropriations remaining in those projects on June 30, 2006 not exceeding the amounts in Exhibit "A", be continued into the fiscal year beginning July 1, 2006. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit -A Account Number CONTINUING APPROPRIATIONS June 30, 2006 12/12/2006 001-409-000-650-9015 001-409-500-598-1121 001-409-500-598-1364 001-409-500-598-1565 001-409-500-598-6031 001-409-500-598-6150 001-409-500-598-7056 001-411-000-230-0000 001-411-000-259-0000 001-411-000-261-0000 001-411-000-297-0000 001-411-000-318-0000 001-411-000-353-0000 001-411-138-318-0000 001-412-125-230-0000 001-412-125-305-0000 001-412-125-318-0000 001-412-125-355-0000 001-412-125-399-0000 001-421-000-299-0000 001-422-221-356-0000 001-422-221-362-0000 001-441-000-311-0000 Descri • tion NCCommunity Concert Band Sweetwater Channel Maintenance Replace PW Hazard Mat Tanks Pub. Wks. Yrd Site/Inv/Closure 50/50 Alley Improvements Electric Meter Box NPDES Stormwater Permit Printing & Binding K-9 Care & Supplies Emergency Animal Treatment Booking Fees Wearing Apparel Materials & Supplies - Lab Wearing Apparel Printing & Binding Medical Supplies Wearing Apparel Minor Equipment Materials & Supplies Contract Services Rock & Sand Roadway Materials Recreational Supplies 103-409-500-598-6149 Paradise Valley Rd. Imprvmt 108-431-000-230-0000 108-431-000-299-0000 108-431-000-304-0000 108-431-000-309-0000 108-431-000-399-0000 108-431-000-501-0000 108-431-000-502-0000 108-431-000-503-0000 108-431-000-506-0000 108-431-000-507-0000 109-409-500-598-6035 109-409-500-598-6102 109-409-500-598-6113 109-409-500-598-6115 109-409-500-598-6134 109-409-500-598-6135 109-409-500-598-6136 109-409-500-598-6137 109-409-500-598-6161 109-409-500-598-6557 109-409-500-598-6558 109-409-500-598-6559 109-409-500-598-6560 Printing & Binding Contract Services Books Photographic Supplies Materials & Supplies Mechanical Office Equipment Computer Equipment Furniture & Furnishings Audio -Visual Equipment Library Equipment Resurface Various Streets Slurry Seal & Street Maint. Program Replace Street Signs Pavement Management System Install Pedestrian Ramps Reinstallation of Street Lights Pavement Management Systems Upd Curb, Gutter, Sidewalk Sweetwater Road Improvements Traffic Monitoring System Upgrading Traffic Signal Traffic Signal 1228/ntl/plz/olv Traffic Signal Installation Acct Total Fund Total 23, 571.40 89,697.00 9,317.00 3,829.00 41,190.00 15,812.05 28,299.00 250.00 152.50 1,178.00 81,082.00 428.00 1,166.12 700.00 569.51 602.04 7,185.40 1,945.32 5,951.71 12,150.00 732.70 2,549.11 464.63 328,822.49 1, 014, 945.00 1, 014, 945.00 38,730.62 50,005.82 47, 946.50 71,048.49 12,270.69 5,000.00 31,448.28 66, 717.60 5,000.00 80, 000.00 11, 849.05 293,230.30 509.44 30,000.00 4,819.27 125, 084.00 27,152.85 45, 050.12 1,110.00 38,610.40 32,741.34 5,072.00 2,053.00 408,168.00 I:\Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls Page 1 of 6 Exhibit -A CONTINUING APPROPRIATIONS 12/12/2006 June 30, 2006 Account Number 109-409-500-598-7062 110-409-500-598-1397 Description Acct Total Fund Total 125-409-500-598-2014 125-409-500-598-2019 125-409-500-598-2021 125-409-500-598-2022 125-421-222-299-0000 136-441-000-399-0000 145-411-126-399-0000 157-409-500-598-8009 157-409-500-598-8010 171-431-000-100-0000 171-431-000-140-0000 171-431-000-160-0000 171-431-000-161-0000 171-431-000-299-0000 171-431-000-399-0000 189-409-500-598-1160 189-409-500-598-1400 189-409-500-598-1569 189-409-500-598-1575 189-409-500-598-1579 189-409-500-598-1580 189-409-500-598-8032 189-409-500-598-8036 196-409-500-598-1153 196-409-500-598-1156 196-409-500-598-1158 196-409-500-598-1159 196-409-500-598-1397 196-409-500-598-1404 196-409-500-598-1586 196-409-500-598-1587 196-409-500-598-1565 196-409-500-598-4121 196-409-500-598-6150 196-409-500-598-6152 196-409-500-598-6571 196-409-500-598-8024 198-411-000-399-0000 Misc. Storm Drain Work Civic Center Emergency Generator Sewer System Maintenance Stand. Cnctns. Standy Gnrtr. Sewer Pump Station Alarm Replacem Replacement of Failed Metal Pipe Contract Services Materials & Supplies Materials & Supplies Mobil Data Computing Computer Aided Disp/Rec. Mgmt. Part -Time Salaries Worker's Compensation Retirement Plan Charges Medicare Contract Services Materials & Supplies Upgrade Mag Starter - Civic Center Phase 7 - Garden Level Remodel Basement Refurbishing Civic Center Seismic Upgrade Phase I Phase 6 - Mid 2nd Fir Remodel Civic Center Signing Program Security Card Access System - Phase Community Conference Room Audio/\ Install Light Switches Various City Buil Upgrade Fuel Tanks / Water Barrier A Replace Shower Valves - Police Dept Replace Restroom Flushometer Comr Civic Center Emergency Generator Conversion to Energy Efficient System Misc. Capital Projects Replace PD Underground Tank Pub. Wks. Yrd Site/Inv/Closure Exxon Mobile Playground Electric Meter Box Conversion - Highly Alley Improvements Paint Traffic Signal Poles PW Fuel Mgmt System Materials & Supplies 204-411-000-102-0000 Overtime 159, 763.00 3,750.00 2,561,711.00 32,688.00 30,939.00 150,000.00 4,121.88 8,086.00 7,142.37 9,860.00 18,416.00 6,217.58 161.74 1,861.68 6,561.76 10,478.29 7,637.04 15,000.00 935,572.00 5,905.00 1,029,835.92 220,203.02 88,755.00 594.54 50,000.00 14,250.34 55, 289.00 3,314.69 2,710.99 85,000.00 5,076.63 17,600.00 9,664.75 7,000.00 4,049.07 35, 500.00 7,693.80 9,000.00 20, 000.00 88,544.81 13,752.00 777,044.77 3,750.00 2,779,459.88 8,086.00 7,142.37 28,276.00 • 32, 918.09 2,345,865.48 276,149.27 88,544.81 I:\Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls Page 2 of 6 Exhibit -A CONTINUING APPROPRIATIONS 12/12/2006 June 30, 2006 Account Number 204-411-000-230-0000 204-411-000-258-0000 204-411-000-355-0000 204-411-000-511-0000 208-411-506-511-0000 241-409-500-598-1583 242-409-500-598-1583 244-409-500-598-4097 246-431-000-248-0000 246-431-000-320-0000 246-431-000-399-0000 250-409-500-598-1588 254-413-000-101-0000 254-413-000-140-0000 254-413-000-150-0000 254-413-000-160-0000 254-413-000-161-0000 254-413-000-248-0000 254-413-000-250-0000 2 54-413-000-2 54-0000 254-413-000-258-0000 254-413-000-299-0000 254-413-000-301-0000 254-413-000-355-0000 256-413-000-337-0000 256-413-000-355-0000 256-413-000-511-0000 256-413-000-554-0000 256-413-000-569-0000 256-413-000-599-0000 255-411-000-355-0000 271-409-500-598-4126 277-431-000-268-0000 277-431-000-301-0000 277-431-000-304-0000 277-431-000-307-0000 277-431-000-309-0000 277-431-000-320-0000 277-431-000-399-0000 Description Printing & Binding Travel & Subsistence Minor Equipment Automotive Equipment Automotive Equipment National City Library National City Library Municipal Pool Telephone Instructional Supplies Materials & Supplies New Fire Station Construction Full-time Salaries Workers Comp Health Insurance Retirement Charges Medicare Telephone Postage Automobile Allowance Travel & Subsistence Contract Services Office Supplies Minor Equipment Small Tools Minoe Equipment Less than $5000 Automotive Equipment Street Lights & Electroliers Buildings Fixed Assets Minor Equipment Less than $5000 Capital Improvement Program Rentals & Leases Office Supplies Books Duplicating Supplies Photographic Supplies Operational/Instructional Supplies Materials & Supplies Acct Total Fund Total 3,299.65 2,393.26 42.84 21,729.37 71,693.42 212,290.98 130,487.45 66,485.45 574.19 7,293.31 12,398.75 41,217.12 71,693.42 212,290.98 130,487.45 66,485.45 20,266.25 335,283.49 335,283.49 50,952.16 4,244.20 882.91 27,777.42 535.81 756.00 1,515.90 2,730.00 654.16 1,970,388.44 494.41 3.77 3,559.45 73.75 73.60 23,169.58 29,598.94 476.34 3,229.29 5,331.95 3,120.25 600.00 10,276.31 3,064.15 3,609.68 3,670.18 11,603.53 2, 060, 935.18 56, 951.66 3,229.29 5, 331.95 35, 944.10 I:\Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls Page 3 of 6 Exhibit -A CONTINUING APPROPRIATIONS 12/12/2006 June 30, 2006 Account Number Descriution Acct Total Fund Total 282-411-901-355-0000 282-411-902-502-0000 282-411-909-355-0000 282-411-910-515-0000 282-411-911-355-0000 282-411-911-515-0000 282-412-604-355-0000 282-412-901-355-0000 282-412-903-355-0000 282-412-906-355-0000 282-412-906-518-0000 282-412-908-355-0000 282-412-908-399-0000 282-412-909-355-0000 282-412-910-355-0000 284-431-000-100-0000 284 431-000-140-0000 284-431-000-160-0000 284-431-000-161-0000 284-431-000-213-0000 284-431-000-230-0000 284-431-000-250-0000 284-431-000-258-0000 284-431-000-268-0000 284-431-000-299-0000 284-431-000-301-0000 284-431-000-399-0000 285-431-000-100-0000 285-431-000-213-0000 285-431-000-230-0000 285-431-000-248-0000 285-431-000-250-0000 285-431-000-268-0000 285-431-000-299-0000 285-431-000-301-0000 285-431-000-399-0000 287-431-000-100-0000 287-431-000-230-0000 287-431-000-258-0000 287-431-000-301-0000 287-431-000-399-0000 288-431-000-100-0000 288-431-000-140-0000 288-431-000-160-0000 288-431-000-161-0000 288-431-000-213-0000 288-431-000-250-0000 288-431-000-258-0000 Minor Equipment Less than $5000 Computer Equipment Minor Equipment Less than $5000 Communications Equipment Minor Equipment Less than $5000 Communications Equipment Minor Equipment Less than $5000 Minor Equipment Less than $5000 Minor Equipment Less than $5000 Minor Equipment Less than $5000 Public Safety Equipment Minor Equipment Less than $5000 Materials & Supplies Minor Equipment Less than $5000 Minor Equipment Less than $5000 Part -Time Salaries Worker's Compensation Retirement Plan Charges Medicare Expert & Consutlant Printing & Binding Postage Travel & Subsistence Rentals & Leases Contract Services Office Suppleis Materials & Supplies Part -Time Salaries Expert & Consutlant Printing & Binding Telephone & Telegraph Postage Rentals & Leases Contract Services Office Suppleis Materials & Supplies Part -Time Salaries Printing & Binding Travel & Subsistence Office Suppleis Materials & Supplies Part -Time Salaries Worker's Compensation Retirement Plan Charges Medicare Expert & Consutlant Postage Travel & Subsistence 0.00 5,712.78 6,987.61 28,164.56 5,401.00 14,777.87 0.00 33, 355.74 37,401.00 825.66 141.56 9,826.00 5,052.14 33, 778.00 17,375.00 198,798.92 6,281.08 178.00 276.00 308.00 29,095.00 5,358.65 372.48 33, 068.93 611.12 17, 068.00 1,000.00 24,350.32 117,967.58 56.57 1,252.20 87.63 29.91 26.11 46.68 1,100.00 102.33 70.00 2,771.43 64.45 1,850.05 13, 830.95 2,322.02 4,353.73 22,421.20 86.12 36.25 37.00 63.41 23,165.00 280.02 2,231.39 I:\Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls Page 4 of 6 Exhibit -A CONTINUING APPROPRIATIONS 12/12/2006 June 30, 2006 Account Number Description Acct Total Fund Total 288-431-000-304-0000 288-431-000-399-0000 290-411-501-506-0000 291-431-000-100-0000 291-431-000-101-0000 291-431-000-140-0000 291-431-000-150-0000 291-431-000-160-0000 291-431-000-161-0000 291-431-000-213-0000 291-431-000-258-0000 291-431-000-301-0000 291-431-000-399-0000 294-413-000-101-0000 294-413-000-120-0000 294-413-000-140-0000 294-413-000-150-0000 294-413-000-151-0000 294-413-000-160-0000 294 413 000-161-0000 294-413-000-213-0000 294-413-000-250-0000 294-413-000-258-0000 294-413-000-268-0000 294-413-000-299-0000 294-413-000-301-0000 294-413-000-399-0000 301-412-125-355-0000 301-442-000-355-0000 303-409-500-598-1400 303-409-500-598-1406 303-409-500-598-1545 303-409-500-598-1585 303-409-500-598-4097 303-409-500-598-4104 303-409-500-598-4115 304-409-500-598-4010 304-409-500-598-4011 304-409-500-598-4074 304-409-500-598-4078 304-409-500-598-4109 304-409-500-598-4111 304-409-500-598-4120 307-409-500-598-1012 Books Materials & Supplies Audio -Visual Erquipment Part -Time Salaries Full-time Salaries Worker's Compensation Health Insurance Retirement Plan Charges Medicare Expert & Consutlant Travel & Subsistence Office Suppleis Materials & Supplies Full-time Salaries Differenital Pay Worker's Compensation Retirement Plan Charges LTD Insurance Retirement Plan Charges Medicare Expert & Consutlant Postage Travel & Subsistence Rentals & Leases Contract Services Office Suppleis Materials & Supplies Minor Equipment Less than $5000 Minor Equipment Less than $5000 Phase 7-Garden Level Remodel Resurface PW Yard Asphalt Library Building Project Misc Facility lmiprovement Municipal Pool Soccer Field Development Civic Center Beautification - Phase I Replace Drinking Fountains in Parks Replace Misc Park Bathroom Fixtures Hardwire Alarms - Various Park Buildii Replace Las Palmas Pool Filters Install ADA Compliant Drinking Founts Replace Electrical Cabinet El Toyon Replacement of Lawn Genie Bicycle Master Plan 5,029.74 830.03 54,003.00 9,403.89 63,680.65 648.18 9,898.31 3,794.20 779.76 198,644.69 6,115.89 500.00 16,237.02 204, 577.14 2,056.00 3,800,55 13, 048.54 0.00 52, 713.45 1,936.90 401,537.99 445.22 9,300.00 7,500.00 97, 356.59 2,057.90 102,401.99 21,030.02 15, 000.00 150,000.00 70,000.00 5,480.00 7,997.77 157,433.30 75,000.00 122,474.00 8,002.00 12,258.80 6,000.00 30,000.00 1,690.00 1,660.00 29,000.00 74,168.94 31,758.96 54, 003.0Q 309,702.59 898, 732.27 36,030.02 588,385.07 88,610.80 1:1Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls Page 5 of 6 Exhibit -A CONTINUING APPROPRIATIONS June 30, 2006 12/12/2006 Account Number Description Acct Total Fund Total 307-409-500-598-6001 307-409-500-598-6033 307-409-500-598-6035 307-409-500-598-6157 307-409-500-598-6558 307-409-500-598-6560 307-409-500-598-6569 312-409-500-598-6569 348-409-500-598-4113 349-409-500-598-4112 626-422-223-288-0000 629-409-500-598-8032 630-409-500-598-8011 630-409-500-598-8015 630-409-500-598-8016 630-409-500-598-8022 630-409-500-598-8024 630-409-500-598-8025 630-409-500-598-8026 630-409-500-598-8028 630-409-500-598-8029 630-409-500-598-8031 630-415-000-299-0000 630-415-000-710-0000 631-409-500-598-8017 631-409-500-598-8018 631-409-500-598-8027 643-422-224-511-0000 643-422-224-282-0000 643-422-224-283-0000 TOTALS "N" Ave Right of Way / Const "N" Ave 8th to Plaza Blvd Resurface Streets Highland Avenue Resurfacing Upgrading Traffic Signal Traffic Signal Installation Plaza Blvd. Widening Plaza Blvd. Widening Paradise Creek Park Municipal Pool R&M Building Structures Security Card Access System - Phase Card Access System Fire Dept Data Mgmt Software Civic Center Fire & Security Alarm Voice Data Fiber to 8th Street Public Works Fuel Management Syste Automated Agenda Management Syst GIS Need Analysis Development Fire Suppression System Conference Room AudioNisual Equip Supplemental Funding - AudioNisual I Contract Services Provision for Contingency Internet Access / E-mail, Intranet Network / Community Infrastructure Unified Messaging & Call Managemen Automotive Equipment R&M Autmotive Equipment R&M Fire Equipment 31,624.00 331,730.00 391,208.72 84,034.00 114,651.00 125,000.00 573,941.61 1,604, 884.23 174, 318.37 0.00 1,000.00 212, 077.00 6,341.00 31,000.00 5,956.84 30,000.00 5,000.00 40,000.00 40, 000.00 40,000.00 45, 000.00 150,000.00 23,538.50 6,547.96 2,803.00 1,693.00 16,816.00 67, 795.62 1,210.16 34, 000.00 1, 726, 358.27 1,604, 884.23 174,318.37 0.00 1,000.00 212,077.00 423,384.30 21,312.00 103,005.78 $17,754,810.29 $17,754,810.29 I:\Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls Page 6 of 6 Fund CONTINUING APPROPRIATIONS SUMMARY BY FUND June 30, 2006 12/12/2006 Description Amount 001 General 328,822,49 103 General Capital Outlay 1,014,945.00 108 Library Capital Outlay 408,168.00 109 Gas Tax 777,044.77 110 Emergency Preparedness Fund 3,750.00 125 Sewer Service Fund 2,779,459.88 136 Tiny Tot Classes Fund 8,086.00 145 Juvenile Education Fund 7,142.37 157 Grant-Suppl Law Enf. (SLESF) 28,276.00 171 Library School District Contrct 32,918.09 189 Civic Center Refurbishing 2,345,865.48 196 Capital Project Reserve 276,149.27 198 Property Evidence Seizure 88,544.81 204 Traffic Equipment For All 41,217.12 208 Supp Law Enforcement Svcs Fund (SLESF) 71 693.42 241 National City Library State Grant 212,290.98 242 N. City Library Matching Fund 130,487.45 244 Roberti-Zberg Harris Block Grant 66,485.45 246 Wings Grant 20,266.25 250 New Fire Station Construction 335,283.49 254 Lead -Based Paint Hazard Reduction Grant 2,060,935.18 256 Code Enforcement Grant Program 56,951.66 255 Local Law Enf Block Grant FY 2003-2004 3,229 29 271 Jobs Housing Balance Grant 5,331.95 277 NC Public Library Donations Fund 35,944.10 282 Reimbursable Grants Citywide 198,798.92 284 Literacy Initiatives XIV 117,967.58 285 Easy Voter Guide II 2,771.43 287 Americorps LSTA III 22,421.20 288 Prime Time II 31,758.96 290 Police -Federal Grants 54,003.00 291 Americorps CNCS Year 3 309,702.59 294 HUD Healthy Homes Grant 898,732.27 301 Grant- C.D.B.G. 36,030.02 303 Capital Facilities Fund 588,385.07 304 Park Development Fund 88,610.80 307 Proposition "A" Fund 1,726,358.27 312 STP Local/Transnet Highway 1,604,884.23 348 State Grant 174,318.37 349 Gen Fund Local Assistance for Parks 0.00 626 Facilities Maintenance Fund 1,000.00 629 Information Systems Maintenance 212,077.00 630 Office Equipment Depreciaiton 423,384.30 631 Telecommunications Revolving 21,312.00 643 Motor Vehicle Service Fund 103,005.78 17,754,810.29 I:\Common\FINANCE\BUDGETS\Bd2007\Carryovers 2007.xls City of National City, California COUNCIL AGENDA STATEMENT December 19, 2006 13 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 20 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 20 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Ohm) . Finance D[rector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 357,722.81 BOARD / COMMISSION RE MMEND ION Lattl/C./ ATTACHMENTS ( Listed Below ) 1. Warrant Register #20 2. Workers Comp Warrant Registers dated 11/08/06 3. Resolution No. A-200 (9/80) ACCOUNTEMPS ALL POINTS PUBLIC FUNDING AMERICAN FOR THE ARTS ARCO GASPRO PLUS AUTO BEAUTY PRODUCTS BCM MECHANICAL INC. 'OOT WORLD BURGESS-JIMENEZ CA COMMERCIAL ASPHALT CA COMMERCIAL SECURITY CARQUEST AUTO PARTS CCH CINGULAR WIRELESS CONSTRUCTION ELECTRONICS COPWARE INC. CORPORATE EXPRESS DATA TICKET INC DAY WIRELESS SYSTEMS DELTACARE (PMI) APARTMENT OF JUSTICE DEPARTMENT OF JUSTICE City of National City TEMP SRVCS REBELEZ W/E 10/27/06 FIRE TRUCK LEASE PMT#6 11/29/06 NATIONAL CITY PUBLIC ART FUEL FOR CITY FLEET 10/03/06-11/02/06 S-MA-WS. CHAMOIS. HVAC MAINTENANCE -COMPUTER ROOM MOP 64096 - BOOTS - FLORES LIAB COSTS/CLAIMS V. GERALDINE ASPHALT MOP 45754 - FLUSH BOLT MOP 47557 - IDLER PULLEY VEH #386 GOVTL GAAP BOOK/LIMFUECO, I'ESS DATA VOICE - 619-607-5026 NOV 2006 MAINT CONTRACT/SECURITY CA PEACE OFF LEGAL SOURCEBOOK MOP 45704 PRINT CTRGS CITATION PROCESSING SEPT 2006 LABOR DENTAL INS PMI NOV 2006 FINGERPRINTING FEES FINGERPRINTING FEES 211574 11/14/2006 211575 211576 211577 11/14/2006 11/14/2006 11/14/2006 211578 11/14/2006 211579 11/14/2006 211580 11/14/2006 1,276.50 19,613.22 50.00 20,072.76 110.87 150.00 106.65 211581 11/14/2006 2,016.23 11/14/2006 449.87 59.53 211584 11/14/2006 39.38 211585 11/14/2006 179.00 211586 11/14/2006 23.17 843.55 211588 11/14/2006 2,011.38 211589 11/14/2006 1,815.15 211590 11/14/2006 4,765.30 211591 11/14/2006 26,722.18 211592 11/14/2006 3,443.26 211593 11/14/2006 608.00 211594 11/14/2006 510.00 211582 211583. 11/14/2006 211587 11/14/2006 DEPT OF TRANSPORTATION HIGHWAY LIGHTING SEPTEMBER 2006 211595 11/14/2006 2,886.58 DIXIELINE LUMBER CO. MOP 45707 TOOLS/LIBRARY/LIGHTS 211596 11/14/2006 1,322:7 DOUGLAS E. BARNHART, INC AUG 2006 SRVCS-CONSTRCTN MGMT SRVC 211597 11/14/2006 2,682.24 DOW EDUC REIMB/TIMOTHY DOW 211598 11/14/2006 1,325.00 DURRA INK MOP 46766 ENV/LETTERHEADS 211599 11/14/2006 139.04 ENTENMANN - ROVIN COMPANY DOME BADGE 211600 11/14/2006 93.20 ENV -HAZARDS SERVICES LEAD WIPE SAMP/EHS PROJECTS 211601 11/14/2006 246.00 ENV HAZARDS SERVICES LEAD WIPE SAMP/EHS PROJECTS 211602 11/14/2006 114.00 EXPERIAN CREDIT CHECKS FOR NEW PD EMPLOYEES 211603 11/14/2006 40.96 FEDEX FEDEX PACKAGE/POLLAN CYNDY 211604 11/14/2006 29.63 FIRE ETC WILDLAND JACKETS 211605 11/14/2006 1,315.09 GFOA GFOA BOOK ORDER/LIMFUECO T. 211606 11/14/2006 163.00 GROSSMAN PSYCHOLOGICAL PRE -EMPLOYMENT EXAMS 211607 11/14/2006 1,440.00 HUNTER'S NURSERY INC. MOP 45719 - ICEPLANT 211608 11/14/2006 69.16 IMAGING PRODUCTS MEMORY CARD 211609 11/14/2006 2,431.6. INDEPENDENT FORENSIC SVCS SART EXAMS 211610 11/14/2006 850.00 INGERSOLL-RAND COMPANY MAINTENANCE SVC ON COMPRESSOR 211611 11/14/2006 870.44 INZUNZA TRAINING/HOTEL REIMB/INZUNZA 211612 11/14/2006 451.11 INZUNZA TRAINING/LUNCH REIMB/INZUNZA 211613 11/14/2006 63.62 IRON MOUNTAIN RECORDS RECORDS MGMNT & DOCUMENT STORAGE 211614 11/14/2006 100,00 JEFFERSON PILOT FINANCIAL LIFE INS NOV 2006 211615 11/14/2006 11,157.28 KAISER FOUNDATION HEALTH KAISER RET INS NOV 2006 211616 11/14/2006 3,901.69 L.N. CURTIS & SONS START UP OIL FOR COMPRESSOR 211617 11/14/2006 26.64 LEXIS-NEXIS ANNUAL RENEWAL: BALANCE DUE 211618 11/14/2006 8.84 LINCOLN EQUIPMENT INC. TAYLOR THIOSULFATE 211619 11/14/2006 126.06 MAN K-9 INC. WEEKLY MAINTENANCE TRAINING 211620 11/14/2006 1,000.00 MAYER HOFFMAN MCCANN P.C. ANNUAL AUDIT OF CNC Y/E JUN 30, 2006 MAYER REPROGRAPHICS REPRODUCTION OF PRINTS MINUTEMAN PRESS PD OT REQUEST FORMS 211621 11/14/2006 1,000.( 211622 11/14/2006 839.23 211623 11/14/2006 1,070.21 2 MONTGOMERY KONE, INC. MORE DIRECT .iOTIVATIONAL SYSTEMS INC NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NENA OFFICE OF THE MED EXAMINER ELEVATOR MAINTENANCE' 1/01/06-01/31/07 211624 11/14/2006 1,456.50 11/14/2006 25-5.56 FOUR LIBRARY SIGNS: COPY ROOM, WING 211626 11/14/2006 749.29 MOP 45735 POWER LUB 211627 11/14/2006 115.83 INSERT BUCKET SEAT 211628 11/14/2006 478.50 OCT 2006 CAR WASHES FOR CITY FLEET 211629 11/14/2006 296.00 NENA 2007 MEMBERSHIP/MARIE H. 211630 11/14/2006 120.00 OBSERVER SAFETY CLOTHING -AUTOPSIES 211631 11/14/2006 24.00 200.42 PHOTO SCANNER ONE SOURCE DISTRIBUTORS MOP 67256 - LAMP P & D CONSULTANTS INC NC HOUSING ELEMENT WORK PACIFIC AUTO REPAIR HEATER CORE PARTS PLUS AUTOSTORE #713 MOP 64946 - OXYGEN SENSOR VEH #272 211635 PERRY FORD MOP 45703 - PUMP VEH #388 POWELL REIMB-KENNELED COST FOR K9 ROBY 211637 11/14/2006 )WERSTRIDE BATTERY CO INC REPLACEMENT BATTERIES 211638 11/14/2006 1,025.56 PRO MONOPOD.COM PRO INSTANT PODIUM 211639 11/14/2006 178.95 PRUDENTIAL OVERALL SUPPLY MOP 45742 - UNIFORMS - FACILITIES 211640 11/14/2006 402.41 REGIONAL COMMUNICATIONS RCS RADIO MAINT OCT 2006 211641 11/14/2006 8,877.50 RICK ALBA APPRAISAL SVC L CLAIM COSTS/BURGESS-JIMENEZ 211642 11/14/2006 170.00 SBC/MCI T-1, PHONE, ISDN LINES 339-342-2741-822 211643 11/14/2006 388.39 SDG&E SDG&E - STREET 211644 11/14/2006 55,528.21 SDSU RESEARCH FOUNDATION SDSU INTERSHIP PROGRAM 211645 11/14/2006 400.00 SHARP REES-STEALY MED GRP MEDICAL SERVICE/BEVERIDGE M. ` 211646 11/14/2006 30.00 SOFTCHOICE CORP. MICROSOFT MAP POINT 2006 211647 11/14/2006 212.62 SOUTHERN CALIF TRUCK STOP MOP 45758 - SULFUR 211648 11/14/2006 455.89 SPECIALTY LIGHTING LIGHT BULBS/FLUORESCENT LAMPS 211649 11/14/2006 423.78 "WEETWATER AUTHORITY WATER- FACILITIES/ 17 ACCTS 211650 11/14/2006 23,582.44 SWRCB ACCOUNTING OFFICE ANNUAL FEE/NPDES 211651 11/14/2006 11,109.00 TARULLI TIRE SAN DIEGO INC MOP 47940 - TIRE REPAIR 211652 11/14/2006 130.53 211625 211632 11/14/2006 211633 11/14/2006 1,717.00 211634 11/14/2006 500.00 45.61 250.83 11/14/2006 211636 11/14/2006 CENTRE FOR ORGANIZATIONAL WORKSHOP/LANDA, ADAM 211653 11/14/2006 750.00 THE LIGHTHOUSE, INC. MOP 45726 - FUSES 211654 11/14/2006 99:15 THE STAR NEWS LEGAL ADVERTISING -HEARING NOTICES 211655 11/14/2006 164.00 THOMSON WEST RENEWAL- PUBLIC SAFETY BK 211656 11/14/2006 104.00 TREASURER, COUNTY OF SD NC SHARE FOR SD CNTY EMERGENCY SVC: 211657 11/14/2006 3,514.00 UNDERGROUND SERV ALERT OCT '06 UNDERGROUND SVC ALERT CHRGS 211658 11/14/2006 156.80 US STERLING CAPITAL CORP TRADE SETTLING 10/21/06-10/27/06 211659 11/14/2006 99.00 VERIZON WIRELESS - SD CELL PHONE SVCS, CITYWIDE 211660 11/14/2006 3,748.75 VIDEO MONITORING SERVICES MONITORING SERVICES/MAYOR 211661 11/14/2006 1,840.00 WEST GROUP PAYMENT CNTR SUBSCRIPTION FOR 6 REFCS 211662 11/14/2006 847.50 WILSON REFUND -PARKING CITATION#NC150901060 211663 11/14/2006 80.00 ARCO GASPRO PLUS FUEL 211664 11/14/2006 394.39 AT SYSTEMS WEST INC MONEY TRUCK - NOV. 06 211665 11/14/2006 392.89 AVAYA, INC VOICEMAIL SERVICE 10/02/06 11/01/06 211666 11/14/2006 46.88 EW TRUCK & EQUIPMENT CO AUTO PARTS 211667 11/14/2006 571. i. EXXONMOBIL/GECC FUEL FOR STAFF VEHICLES 211668 11/14/2006 102.76 FIRST ADVANTAGE CORP RANDOM TESTS - OCT. 06 211669 11/14/2006 500.00 M&M PLASTICS DECAL "WATCH YOUR STEP" 211670 11/14/2006 1,328.02 MTS BUS PASS 211671 11/14/2006 60.00 NEW FLYER PARTS AUTO PARTS 211672 11/14/2006 668.16 PITNEY BOWES CREDIT CORP MAILING SYSTEM - POSTAGE 211673 11/14/2006 206.99 PRINCIPAL FINANCIAL GROUP 401K- PAYROLL PPE 10/28/06 211674 11/14/2006 2,695.23 REGIONAL COMMUNICATIONS USE OF THE 800 MHZ NETWORK RADIOS SUPERIOR CLEANING EQUIP 200SQ.FT 20 MICRON SWEETWATER AUTHORITY WATER 08/03/06 - 10/24/06 UNIFIRST MAINT LAUNDRY SERVICE BAKER & TAYLOR REFERENCE BOOKS BRODART LIBRARY AUTOMATION FOR FY 2007. CITY OF NATIONAL CITY ADJUST FOR SEPTEMBER SALES TAX 211675 11/14/2006 609.50 211676 11/14/2006 985.05 211677 11/14/2006 551.66 211678 11/14/2006 148.38 211679 11/14/2006 150.1' 211680 11/14/2006 4,358.48 211681 11/14/2006 24.87 4 ' CORPORATE EXPRESS EMERY-PRATT CO. “ANSEN LIBRARY SALES JOHN WILEY & SONS INC. KELLEY BLUE BOOK NYE THE H.W. MESON CO. THOMSON GALE U.S. POSTMASTER ANDERSON BAUTISTA BECKER CHRISTENSEN CINGULAR WIRELESS TY OF NATIONAL CITY COX DEERING ED PUBLISHING SVC FEDEX GASCA GREAT START 5 GUENTER GUILLEN JACQUELYN BRINKLEY KERR LAUDERDALE TTERACYWORKS LI 1ERACYWORKS LITERACYWORKS OFFICE SUPPLIES - MOP #45704 07 OLD FARMERS ALMANAC PAPER EDITIO ADULT FICTION AND CHILDREN'S BOOKS OUT OF STATE SALES TAX 2007 EARLY MODEL GUIDE REIMBURSEMENT - FAMILY TREE MAKER CURRENT BIOGRAPHY/JUVENILE REF REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES EXPERT SERVICES (LIT. SERVICES Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (PRIME TIME Y-3) TRAVEL (PRIME TIME Y-3) WINGS CELL PHONE. TAXES (LIT. SERVICES Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTAY-4) TAXES FOR OUT OF STA 1E VENDOR POSTAGE (AMERICORPS/LSTA Y-4) TRAVEL (PRIME TIME Y-3) MAT. & SUPPLIES (LIT. SERVICES Y-4) TRAVEL (PRIME TIME Y-3) TRAVEL (AMERICORPS/LSTA Y-4) MAT. & SUPPLIES (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) STA 1E LIBRARY EXPERT SERVICES STATE LIBRARY CONTRACT STATE LIBRARY CONTRACT 211682 11/14/2006 211683 11/14/2006 211684 211685 11/14/2006 462.72 -7.49 11/14/2006 334.41 5.81 211686 11/14/2006 64.65 211687 11/14/2006 49.92 211688 11/14/2006 181.00 211689 11/14/2006 624.04 211690 11/14/2006 300.00 211691 11/14/2006 125.00 211692 11/14/2006 35.60 211693 11/14/2006 412.20 211694 11/14/2006 74.76 211695 11/14/2006 44.67 211696 11/14/2006 13.64 211697 11/14/2006 23.59 211698 11/14/2006 64.08 211699 11/14/2006 5.74 211700 11/14/2006 19.70 211701 11/14/2006 28.48 211702 11/14/2006 99.99 211703 11/14/2006 117.10 11/14/2006 49.40 11/14/2006 126.61 11/14/2006 110.36 11/14/2006 123.71 211704 211705 211706 211707 211708 11/14/2006 40,000.00 211709 11/14/2006 7,500.00 211710 11/14/2006 7,000.00 LITERACYWORKS STATE LIBRARY CONTRACT 211711 11/14/2006 500.00 LOESER TRAVEL (PRIME TIME Y-3) 211712 11/14/2006 413.93 LOUISIANA ENDOWMENT EXPERT SERVICES (LIT. SERVICES Y-4) 211713 11/14/2006 500.00 LUA-CORDOVA TRAVEL (AMERICORPS/LSTA Y-4) 211714 11/14/2006 320.40 NAVARRO TRAVEL (LIT. INIT. XV) 211715 11/14/2006 541.50 NEWSOM TRAVEL (AMERICORPS/LSTAY-4) 211716 11/14/2006 31.52 NORTHERN CA LITERACY EXPERT SERVICES (LIT. INIT. XV) 211717 11/14/2006 1,000.00 O'HARA TRAVEL (LIT. INIT. XV) 211718 11/14/2006 1,598.60 ORTEGA TRAVEL (AMERICORPS/LSTAY-4) 211719 11/14/2006 253.65 OXFORD UNIVERSITY PRESS TAXES FOR OUT OF STATE VENDOR 211720 11/14/2006 30.12 PATEK TRAVEL (AMERICORPS/LSTA Y-4) 211721 11/14/2006 30.00 PIMENTEL TRAVEL (AMERICORPS/LSTA Y-4) 211722 11/14/2006 48.95 QUILL CORPORATION TAXES FOR OUT OF STATE VENDOR 211723 11/14/2006 1.66 READ SANTA CLARA EXPERT SERVICES (LIT. INIT. XV) 211724 11/14/2006 3,500.00 REDER TRAVEL (PRIME TIME Y-3) 211725 11/14/2006 93.', ROBINSON TRAVEL (AMERICORPS/LSTA Y-4) 211726 11/14/2006 80.55 ROJAS TRAVEL (AMERICORPS/LSTA Y-4) 211727 11/14/2006 56.96 SANDOVAL TRAVEL (PRIME TIME Y-3) 211728 11/14/2006 93.45 SARMIENTO TRAVEL (PRIME TIME Y-3) 211729 11/14/2006 56.96 SAYRE TRAVEL (PRIME TIME Y-3) 211730 11/14/2006 239.88 SCHMIDT TRAVEL (AMERICORPS/LSTA Y-4) 211731 11/14/2006 85.00 SMART & FINAL TRAVEL (AMERICORPS/LSTA Y-4) 211732 11/14/2006 80.96 SPRINT VIDEO CONFERENCING, LONG DISTANCE 211733 11/14/2006 28.63 STRATEGIC RESOURCE CO AMERICORPS HEALTHCARE 211734 11/14/2006 1,392.00 TIGH, TAMARIE TRAVEL (PRIME TIME Y-3) 211735 11/14/2006 103.24 U.S. POSTMASTER POSTAGE FOR STATE LIBRARY 211736 11/14/2006 400.00 WESTLIN TRAVEL (AMERICORPS/LSTA Y-4) 211737 11/14/2006 17.f XEROX CORPORATION BASE CHRGS & OVERAGES FOR 8 XEROX 211738 11/14/2006 394.15 Total $324,545.91 6 Workers compensation checks 12350 11/8/2006 495.00 12351 11/8/2006 495.00 12352 11/8/2006 19.24 12353 11/8/2006 27.84 12354 11/8/2006 360.53 12355 11/8/2006 214.02 12356 11/8/2006 309.36 12357 11/8/2006 142.80 12358 11/8/2006 125.26 12359 11/8/2006 94.10 12360 11/8/2006 369.94 12361 11/8/2006 25,330.75 12362 11/8/2006 99.64 12363 11/8/2006 612.24 12364 11/8/2006 230.16 12365 11/8/2006 27.42 12366 11/8/2006 350.57 12367 11/8/2006 258.72 12368 11/8/2006 87.21 12369 11/8/2006 58.14 12370 11/8/2006 257.00 12371 11/8/2006 275.50 12372 11/8/2006 400.00 12373 11/8/2006 400.00 1.2374 11/8/2006 400.00 12375 11/8/2006 994.67 12376 11/8/2006 32.30 12377 11/8/2006 709.49 TRANSIT WARRANTS LIBRARY WARRANTS CHECKS #211664-211678 CKS 15 CHECKS #211679-211738 CKS 50 Total Grand Total TOTAL $9,261.64 TOTAL $74,068.10 $33,176.90 357,722.81 City of National City WARRANT REGISTER #20 11/14/2006 001 GENERAL FUND 78,190.66 104 LIBRARY FUND 6,339.53 105 PARKS MAINTENANCE FUND 83.89 125 SEWER SERVICE FUND 11,433.36 154 STATE PUBLIC LIBRARY FUND 334.41 159 GENERAL PLAN UPDATE RESERVE 1,717.00 241 NATIONAL CITY LIBRARY STATE GR 2,466.37 242 N. CITY LIBRARY MATCHING FUND 1,328.06 246 WINGS GRANT 73.30 254 LEAD -BASED PAINT HAZARD REDUC 360.00 282 REIMBURSABLE GRANTS CITYWIDE 29,153.83 291 AMERICORPS CNCS YEAR 3 41,378.66 301 GRANT-C.D.B.G. 20,558.88 302 CDC PAYMENTS 1,378.64 320 LIBRARY GRANTS 25,978.53 552 TDA 9,261.64 626 FACILITIES MAINT FUND 47,270.27 627 LIABILITY INS. FUND 35,363.13 628 GENERAL SERVICES FUND 423.78 629 INFORMATION SYSTEMS MAINTENA 993.55 630 OFFICE EQUIPMENT DEPRECIATION 9,117.91 631 TELECOMMUNICATIONS REVOLVI 4,160.31 632 GENERAL ACCOUNTING SERVICES 2,755.21 643 MOTOR VEHICLE SVC FUND 23,700.20 724 COBRA/RETIREE INSURANCE 3,901.69 TOTAL 357,722.81 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS. HAVE BEEN AUDITED AS REQUIRED BYLAW. 5, FINANCE DI CTOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF DECEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT December 19, 2006 14 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 21 PREPARED BY Finance DEPARTMENT EXPLANATION Ratification of Warrant Register # 21 per Government Section Code 37208. City Manager Lin Wurbs 619-336-4240 Environmental Review N/A Financial Statement Not applicable. Approved By: (1 m Finance irector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,400,828.97 BOARD / COMMISSION RECOM 1ENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #21 2. Workers Comp Warrant Registers dated 11/15/06 3. Payroll register dated 11/15/06 Resolution No. A-200 (9/80) PAYEE CREST OFFSET PRINTING CO ACCOUNTEMPS ALLSTATE CASUALTY, INS CO ALPHA PROJECT -HOMELESS AMERICAN ROTARY BROOM CARQUEST AUTO PARTS r;EB CEB CHEVRON USA, INC. CHRISTMAS IN JULY CINGULAR WIRELESS CITY OF SAN DIEGO CLEAN HARBORS CORPORATE EXPRESS DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY DIXIELINE LUMBER CO. DREW FORD DURRA INK dV HAZARDS SERVICES ENV HEALTH COALITION City of National City WARRANT REGISTER # 21 11/21/2006 DESCRIPTION MAILING COST-3,200 POSTCARDS 1EMP SRVCS REBELEZ W/E 11/03/06 LIABILITY CLAIM COSTS/A.C.I.C. RPLC CK#206841-JAN 2006 ALPHA MOP 62683 - SWEEPER PARTS MOP 47557 - PARTS FOR VEH. #215 PRACTICE UNDER CEQA 2006 CA ADM HEARING PRACTICE 2006 MOP 45699 - FUEL DEC RENTAL FEES FOR 2032 B AVE DATA VOICE-619-885-3577 2ND QRTR FY07-METRO SEWER SYS OCT 2006 HAZARDOUS WASTE PICK UP MOP 45704 OFFICE SUPPLY MOP 45749 - SWEEPER REPAIRS TIRES FOR CITY FLEET FOR FY07 MOP 45707 MUNI POOL MAINTCE MOP 49078 - PAD VEH. #393 MOP 46766 LETTERHEADS LEAD WIPE SAMPLES/EHS PROJS LEAD HAZARD-OCT 2006 CHK NO DATE AMOUNT 211739 11/20/2006 700.00 211740 11/21/2006 1,4 80.00 211741 11/21/2006 2,154.87 211742 11/21/2006 3,964.26 211743 11/21/2006 256.64 211744 11/21/2006 217.94 11/21/2006 151.71 11/21/2006 95.68 11/21/2006 268.05 211745 211746 211747 211748 11/21/2006 1,500.00 211749 11/21/2006 9.19 211750 11/21/2006 1,123,986.00 211751 11/21/2006 64.00 211752 11/21/2006 93.68 211753 11/21/2006 244.65 211754 11/21/2006 449.08 211755. 11/21/2006 1,124.23 3.14 211757 11/21/2006 142.23 168.00 211759 11/21/2006 5,992.29 211756 11/21/2006 211758 11/21/2006 FENTON GRAINGER I.M.P.A.C. GOVERNMENT SVCS JAMES P LOUGH, ESQ JAYNES CORP OF AMERICA JEFF KATZ ARCH1 I'ECTURE LASER SAVER INC LASER SAVER INC LEXIS-NEXIS LONG'S DRUG STORES MAAC PROJECT MASONS SAW -LAWNMOWER MAXIMUS, INC. MAYER REPROGRAPHICS MAYER REPROGRAPHICS MULTI -BANK SERVICES LTD N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL INSTITUTE FOR NEXUS IN I'EGRATED SOLUTIONS ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PERRY FORD POWELL REIMB TRAINING MILEAGE EXPS MOP 65179 HASP HIDDEN SHACKLE CAL CARD CHGS-NATIONAL NIGHT OUT LIAB CLAIM COST/MYRSETH-DALLA OCT 2006 SVCS- NC LIBRARY CONST HEARING DISMISSAL DATA TICKET INJET FOR DESIGN ROOM REPAIR & MAINT-CITY-WIDE PRINTERS ONLINE CHRGS OCT 2006 MOP 45727 PHOTO PROCESSING CONTRACT -LEAD HAZARD OCT 06 MOP 45729 - HAND SAW PROFESSIONAL SRVCS-SB90 REPRO PLANS -NC LIBRARY REMODEL SPECS/LIBRARY REMODEL TRADE SETTLING SRVCS 10/23/06 CITY ENHANCEMENT FUND NOV 2006 MOP 45735 - GASCAP ADV TUITION/GONZALEZ/SPRINGER NEC AND SOFTWARE MAINTENANCE MOP 67256 - FLOIJRESCENT LAMP MOP 45740 - BLADES MOP 45703 - ELECTRICAL CHECK REIMB FOR K9 ROBBY'S DOG FOOD POWERSTRIDE BATTERY CO INC MOP 67839 - BATTERIES PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM ROBERT HALF LEGAL ROBERT HALF LEGAL MOP 45742 - UNIFORMS - EQUIPMENT SERVICE PERIOD 11-06-3 TEMP SRVC HARRIS L W/E 11/03/06 TEMP SRVC HARRIS L W/E 10/27/06 211760 11/21/2006 89.00 211761 11/21/2006 6 .84.._ 211762 11/21/2006 419.00 211763 11/21/2006 6,016.15 211764 11/21/2006 67,087.00 211765 11/21/2006 19,676.00 211766 11/21/2006 54.27 211767 11/21/2006 127.50 211768 11/21/2006 132.91 211769 11/21/2006 19.95 211770 11/21/2006 34,450.00 211771 11/21/2006 138.79 211772 11/21/2006 3,800.00 211773 11/21/2006 786.41 211774 11/21/2006 615.E 211775 11/21/2006 99.00 211776 11/21/2006 3,750.00 211777 11/21/2006 21.54 211778 11/21/2006 2,880.00 211779 11/21/2006 572.00 211780 11/21/2006 329.67 211781 11/21/2006 24.96 211782 11/21/2006 160,00 211783 11/21/2006 80.35 211784 11/21/2006 95.80 211785 11/21/2006 96.36 211786 11/21/2006 210,958.1 211787 11/21/2006 1,610.00 211788 11/21/2006 1,610.00 2 ROBERT HALF LEGAL kN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SBC/MCI SBC/MCI SEGAL SILVA SOUTHWEST SIGNAL SERVICE SPARKLETTS SUN TRUST THA HEATING & AIR INC. THE LIGHTHOUSE, INC. THE STAR NEWS TOPECO PRODUCTS UNION BANK OF CALIFORNIA VALLEY IND SPECIALTIES WATERLINE - PSOC WESTERN CHAPTER ISA WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ASSOCIATED TOWING BAYSHORE TRANSIT MGMT CORPORATE EXPRESS CUMMINS CAL PACIFIC, LLC DAPPER TIRE COMPANY DIXIELINE LUMBER CO -EET SERVICES, INC JANKOVICH COMPANY TEMP SRVC HARRIS L W/E 10/20/06 ADVERTISING/LIBRARY REMODEL SDG&E/ROOSEVELT AVE NAT CITY T-1, PHONE, ISDN LINES 337-287-0757-218 T-1, PHONE, ISDN LINES NOV 06 REIMB-RPLCMNT WATCH NCPD#0607118 AIRFARE REIMB CALPELRA CONE OCT 2006 TRAFFIC SIGNAL/LIGHTS WATER FOR CITY COUNCIL OFFICE FIRE TRUCK#1 LEASE PYMNT#33 11/30/0( REFUND UNNECESSARY PERMIT PMT MOP 45726 LAMP/CONNECTOR AD OF PUBLIC HEARING, ORDINANCE MOP 63849 - WASHERS/NUTS NCJPFA ADM BILLING OCT'06-SEP'07 MOP 46453 MUNI POOL MAINT CHEMICALS FOR MUNICIPAL POOL 2007 CHAPTER MEMB/DIAZ, MIGUEL MOP 63850 - ASSEMBLY HOSE MOP 45763 - DRILL TOWED BUS # 6002 PAYROLL FOR CHECK DATED 11/17/06 OFFICE SUPPLIES BUS PARTS TIRES SHOP SUPPLIES UNLOADER KIT DIESEL FUEL 1,568.83 211790 11/21/2006 423.40 211791 11/21/2006 2,449.00 211792 11/21/2006 1,000.45 31.89 211794 11/21/2006 64.57 211795 11/21/2006 128.60 211796 11/21/2006 7,492.70 211797 11/21/2006 17.40 211798 1.1/21/2006 5,009.63 211799 11/21/2006 25.00 211800 11/21/2006 59.66 211801 11/21/2006 105.07 211802 11/21/2006 78.24 211803 11/21/2006 1,871.69 211804 11/21/2006 1,3 80.99 211805. 11/21/2006 504.00 211806 11/21/2006 50.00 211807 11/21/2006 178.47 211808 11/21/2006 57.52 211809 11/21/2006 270.00 211810 11/21/2006 50,324.95 211811 11/21/2006 107.86 211812 11/21/2006 20.09 211813 11/21/2006 82.63 211814 11/21/2006 37.75 211815 11/21/2006 81.71 211816 11/21/2006 15,153.55 211789 11/21/2006 JIM'S GLASS & SCREENS MYERS TIRE SUPPLY COMPANY NAPA AUTO PARTS PRINCIPAL FINANCIAL GROUP SAN DIEGO BUS DRIVERS UNION SAN DIEGO COUNTY SHERIFF SANTAMARIA SATURN OF NATIONAL CITY SOUTH COAST MEDICAL CLINIC UNIFIRST W.W. GRAINGER, INC. Workers compensation checks LABOR CHGS/RPLC GLASS ON BUS 1 & 7 211817 11/21/2006 439.31 TRUCK HD STRING 211818 11/21/2006 5230 AUTO PARTS 211819 11/21/2006 233.77 401K - PAYROLL PPE 11/11/06 211820 11/21/2006 2,702.98 UNION DUES - NOVEMBER 2006 211821 11/21/2006 1,118.40 PAYROLL PPE 11/03/06-ALCANTAR E 211822 11/21/2006 170.00 TOOL ALLOWANCE 211823 11/21/2006 250.00 REPAIR -PRESSURE CONTROL 211824 11/21/2006 101.89 DRUG SCREEN/PHYSICALS 211825 11/21/2006 188.00 MAINTENANCE LAUNDRY SERVICE 211826 11/21/2006 74.19 SHOP SUPPLIES 211827 11/21/2006 161.73 Total 1,592,896.58 12378 11/15/2006 1,061.E 12379 11/15/2006 18.44 12380 11/15/2006 1,1.69 12381 11/15/2006 100.80 12382 11/15/2006 20.69 12383 11/15/2006 60.27 12384 11/15/2006 241.08 12385 11/15/2006 110.00 12386 11/15/2006 44.00 12387 11/15/2006 132.00 12388 11/15/2006 154.00 12389 11/15/2006 3,324.85 12390 11/15/2006 35.70- 12391 11/15/2006 47.60 12392 11/15/2006 73.68 PAYROLL Pay period 290 Start Date 10/24/06 End Date 11/6/06 12393 12394 12395 12396 12397 12398 12399 12400 11/15/2006 47.39 11/15/2006 11357 11/15/2006 122.35 11/15/2006 416.27 11/15/2006 726.75 11/15/2006 95.02 11/15/2006 0.53 11/15/2006 65.55 12401 11/15/2006 600.00 12402 11/15/2006 440.00 12403 11/15/2006 160.00 12404 11/15/2006 199.81 12405 11/15/2006 206.40 12406 11/15/2006 460.00 12407 11/15/2006 440.00 11/15/2006 188.01 11/15/2006 440.00 12408 12409 Total Total Check Date 11 /15/06 Total GRAND TOTAL TRANSIT WARRANTS CHECKS 211809-211827 CKS 19 TOTAL $71,571.11 10,157.53 1,603,054.11 797,774.86 2,400,828.97 City of National City Warrant Register # 21 11/21/2006 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT - HIDTA 191 STOP PROJECT 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 241 NATIONAL CITY LIBRARY STATE GRANT 242 N. CITY LIBRARY MATCHING FUND 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 271 JOBS HOUSING BALANCE GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 291 AMERICORPS CNCS YEAR 3 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND Total 823, 716.81 31,441.57 16,644.50 3,314.87 1,142,398.15 2,602.98 520.38 5,713.31 1,070.81 5,139.61 1,485.11 7,110.62 0.00 3,251.43 43,606.55 23,480.45 29,088.67 46,683.58 2,226.16 2,712.07 3,183.47 3,362.63 15,821.63 27,431.82 5,684.32 3,988.02 71,571.11 20,039.35 22,017.98 4,315.50 3,548.15 2,449.00 3,436.62 11,598.06 10,173.68 2,400,828.97 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. A. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER FRANK PARRA, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF DECEMBER 2006. AYES NAYS ABSENT City of National City, Caiiforrii COUNCIL AGENDA STATEMENT December 19, 2006 MEETING DATE AGENDA ITEM NO. 15 ITEM TITLE WARRANT REGISTER # 22 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 22 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 398,718.72 BOARD / COMMISSION REC,MMENDAT, ON 2-7"/" .4 4 4./...„ ATTACHMENTS ( Listed Below ) 1. Warrant Register #22 2. Workers Comp Warrant Registers dated 11/22/06 Resolution No. A-200 (9/80) Payee ZAPATA TOSCANO ACEDO ACS GOVERNMENT SYSTEMS ACTION TROPHIES & ENGRAVING ADAMSON POLICE PRODUCTS IRGAS-WEST ALLEN ASIAN JOURNAL BAY CITY ELECTRIC WORKS, INC. BEST BEST KRIEGER LLP BOYD BRUCE W MADISON C W REED JR CALIFORNIA CD IMAGING CENTER CIIILDREN'S HOSPITAL CHOICEPOINT CITY CLERKS ASSOCIATION OF CA CITY OF CARLSBAD ,ITY OF. CHULA VISTA CITY OF SAN DIEGO City of National City WARRANT REGISTER #22 Description REIMB BANK ERROR IN DEPOSIT REIMB-IIUD GRANTEE CONFERENCE RETIREE HEALTH BENEFITS DEC'06 FIREHOUSE SOFTWARE ID PLATE/ACCOUNTABIL1TY TAGS 40MM PENN ARMS MOP 45714 GLOVES RETIREE HEALTH BENEFITS DEC'06 ADVERT SENIOR PARK CARETKR MILEAGE LABOR & EMPLOYMENT SEMINAR RETIREE HEALTH BENEFITS DEC'06 RETIREE HEALTH BENEFITS DEC'06 RETIREMENT- FOR DEC 2006 PAGES SCANNED- SEWER PERMITS CHILD SEXUAL ABUSE EXAMS AUTO TRACK DATABASE CCAC MEMBERSHIP DUES 2006-2007 TECHNICAL PERSONNEL CHARGES ANIMAL SHELTER COSTS OCT 2006 CALIBRATE RADAR GUNS chk no chk date amount 211828 11/22/2006 500.00 211829 ; i1/22/2006 362.44 211830 11/28/2006 160.00 211831 11/28/2006 11,690.88 211832 11/28/2006 113.14 211833 11/28/2006 5,450.55 211834 11/28/2006 157.92 211835 11/28/2006 125.00 211836 11/28/2006 100.00 211837 11/28/2006 368.94 211838 11/28/2006 80.00 211839 11/28/2006 145.00 211840 11/28/2006 140.00 211841 11/28/2006 1,016.02 211842 11/28/2006 3,785.67 211843 11/28/2006 373.00 211844 11/28/2006 100.00 211845 11/28/2006 160.00 211846 11/28/2006 136.58 211847 11/28/2006 8,291.01 211848 11/28/2006 438.18 CONTERRA CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DATA TICKET INC DEFRATIS DELL MARKETING CORP DEPARTMENT OF JUSTICE DEPT OF JUSTICE DICERCI IIO DION INTERNATIONAL TRUCK INC. BELT DREDGE DSL EXTREME DURRA INK EMCO INDUSTRIES, INC. CLEANER, DISINFECTANT TC-D EMPLOYMENT DEVELOPMENT DEPT UNEMPLOYMENT INS P/E 09/30/06 ENTERPRISE GROUP COPY PAPER EWERT, PHILLIP EXPRESS TEL PAGER SERVICE FOR PD FEDEX KINKO'S CARDSTOCK FLEET SERVICES, INC DISC ROTOR GALLS, INC. GEORGE H WATERS NUTRITION CNTR PROMOTIONAL ACTIVITIES HAMILTON HOLLOWAY HOME DEPOT/GECF HORIZON HEALTH EAP HdL COREN & CONE HALFBACK EXTRICATION HARNESS 211849 11/28/2006 879.00 MOP 45704 OFFICE SUPPLIES PERMIT RENEWAL/GENERATOR PERMIT RENEWAL/GENERATOR 2006-2007 PERMIT RENEWAL/POOL PARKING CITATION- APPEALS RETIREE HEALTH BENEFITS DEC'06 POWEREDGE DUAL CORE INTEL FINGERPRINTING -FOR NEW HIRES FINGERPRINT APPS RETIREE HEALTH BENEFITS DEC'06 RETIREE HEALTH BENEFITS DEC'06 DSL SVC TO SUPPORT DONATED PD ENV/MAYOR'S BUSINESS CARDS RETIREE HEALTH BENEFITS DEC'06 PRODUCT GALLS RANGE PRO 11/28/2006 11/28/2006 11/28/2006 211853 11/28/2006 211854 11/28/2006 211855 11/28/2006 211856 11/28/2006 211857 11/28/2006 211858 11/28/2006 211859 11/28/2006 211860 11/28/2006 211861 11/28/2006 211862 11/28/2006 211863 11/28/2006 211864 11/28/2006 211865 11/28/2006 74-2.74--..- 403.00 245.00 100.00 4,603.30 120.00 2,930.58 608.00 64.00 70.00 263.07 250.00 53.88 506.9, 162.07 8,633.75 211866 11/28/2006 1,205.73 11/28/2006 160.00 211868 11/28/2006 203.39 211869 11/28/2006 239.56 211870 11/28/2006 617.22 211871 11/28/2006 722.27 211872 11/28/2006 107.20 211867 RETIREE HEALTH BENEFITS DEC'06 211873 11/28/2006 100.00 RETIREE HEALTH BENEFITS DEC'06 211874 11/28/2006 150.00 MINI BLINDS 211875 11/28/2006 135.6 EMPLOYEE ASST PROGRAM NOV'06 211876 11/28/2006 816.24 SVC PROP TAX OCT-DEC 2006 211877 11/28/2006 2,400.00 2 IDENTIX INC. FINGERPRINT TEST SUBMISSION 211878 11/28/2006 4.00 1AGING PRODUCTS DIGITAL CAMERA/MEMORY CARD 211879 11/28/2006 3,025.43 KIMBLE RETIREE HEALTH BENEFITS DEC06 211880 11/28/2006 300.00 KOLANDA RETIREE HEALTH BENEFITS DEC'06 211881 11/28/2006 135.00. L.N. CURTIS & SONS FLOW TEST KIT 211882 11/28/2006 59.38 MALLORY FIRE #10076686. TIC EVO 5200HD2DZ. 211883 11/28/2006 8,081.25 MARSHALL MUSIC SHEET MUSIC/NC CONCERT BAND 211884 11/28/2006 57.52 MATIENZO RETIREE HEALTH BENEFITS DEC'06 211885 11/28/2006 100.00 MCCABE RETIREE HEALTH BENEFITS DEC'06 211886 11/28/2006 280.00 MERIDIAN MEDICAL TECHNOLOGIES NERVE AGENT ANTIDOTE KIT 211887 11/28/2006 931.50 MINUTEMAN PRESS MOP 47939 COUNCIL-CERTIF 211888 11/28/2006 240.28 MJC CONSTRUCTION OCT 06 SVCS-PARADISE CREEK PROJ 211889 11/28/2006 147,117.02 MR. COPY / FAX CITY TAPED 3" CORE 2 ROLLS 211890 11/28/2006 492.94 MURRAY, JOHN RETIREE HEALTH BENEFITS DEC'06 211891 11/28/2006 150.00 MX LOGIC, INC ANTI-SPAM FILTER SVC FOR EMAIL 211892 11/28/2006 441.00 MYERS RETIREE HEALTH BENEFITS DEC'06 211893 11/28/2006 140.00 NATIONAL CITY, AUTO TRIM VEHICLE #169/ BLACK BUCKET 211`894 11/28/2006 277.32 NOSAL, WILLIAM A. RETIREMENT SETTLEMENT DEC'06 211895 11/28/2006 956.73 OFFICE TEAM TEMP SRVC HARROD W/E 10/6-20/06 211896 11/28/2006 1,778.70 OFFICE TEAM TEMP SRVCS HARROD W/E 10/13/06 211897 11/28/2006 889.35 OFFICE TEAM TEMP SRVCS HARROD W/E 10/27/06 211898 11/28/2006 889.35 P G AUTO PARTS #323-867A STARTER 211899 11/28/2006 274.73 PARADISE VALLEY HOSPITAL CONTRACT -'HEALTHY HOMES' 217 900 11/28/2006 7,360.02 PAUU RETIREE HEALTH BENEFITS DEC'06 211901 11/28/2006 340.00 POTTER RETIREE HEALTH BENEFITS DEC'06 211902 11/28/2006 150.00 RADIATION DETECTION COMPANY RADIATION DETECT BADGE 211903 11/28/2006 226.00 'Y RETIREE HEALTH BENEFITS DEC'06 211904 11/28/2006 190.00 RJA MANAGEMENT SERVICES ADVERTISING/DIRECTOR OF H. R. 211905 11/28/2006 6,245.22 RUIZ SAN DIEGO MANA SAN DIEGO NEIGHBORHOOD NEWS SAN MIGUEL FIRE DISTRICT SBC/MCI SBC/MCI SBC/MCI, SD NAVY DISPATCH/AT EASE SHORT, CRAIG SIGMA COMMUNICATIONS, LLC SILVA SILVA THE STAR NEWS TRI-POINT PRODUCTS, INC. UNION TRIBUNE PUBLISHING CO UNITED STATES MARSHALS SERVICE' VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VISTA PAINT ZIETLOW, DAVID ZIONS BANK BOARD OF EQUALIZATION BRIAR GATE CO. BLUE SHIELD OF CA CINTAS FIRST AID & SAFETY CORPORATE EXPRESS DE LA RUE CASH SYSTEMS INC DHL EXPRESS (USA) INC. DIRECT TV RETIREE HEALTH BENEFITS DEC'06 REFUND FOR OVER PAID PERMIT ADVERTISING/LIBRARY REMODEL EMS COORDINATOR PILOT 211906 11/28/2006 211907 11/28/2006 211908 211909 11/28/2006 310.00 349.00 189.62 11/28/2006 10,000.00 T-1, PHONE, ISDN LINES C60-449-7549 211910 11/28/2006 6,352.79 T-1, PHONE, ISDN LINES 619-477-9738 211911 11/28/2006 T-1, PHONE, ISDN LINES 619-336-67000 211912 ADVERTISING/STOCK CLERK RETIREE HEALTH BENEFITS DEC'06 REVERSE 911 SYSTEM DELL 2950 211915 REIMB/ANNUAL CONF/SILVA C. 211916 REIMB/CALPELRA MEMB/SILVA C. 211917 11/28/2006 274.22 ADVERTISING -PLANNING 211918 11/28/2006 143.50 CALENDAR PADS 211919 11/28/2006 45.85 AD -PARK CARETAKER/STOCK CLRK 211920 11/28/2006 1,902.9 ASSET SEIZED VEHICLE ACQUISITIOI' 211921 11/28/2006 5,481.97 MOP 46453 FLUSH VALVE 211922 11/28/2006 487.47 K9 VET CARE 211923 11/28/2006 377.21 GRAFFITI PAINT 211924 11/28/2006 186.81 RETIREE HEALTH BENEFITS DEC'06 211925 11/28/2006 150.00 6TH LEASE PMT FOR 800 MHZ EQPT 211926 11/28/2006 48,678.25 1% SALES TAX INV#56211-ACS GOVT 211927 11/28/2006 398.29 PIPE WHEEL GLIDDERS 211928 11/28/2006 144.39 DENTAL INS. DECEMBER 2006 211929 11/28/2006 682.00 CABINET ORGANIZED 211930 11/28/2006 156.15 OFFICE SUPPLIES 211931 11/28/2006 75.96 RIBBON CARTRIDGE 211932 11/28/2006 47.5 DHL SHIPPING SERVICES 211933 11/28/2006 71.33 CABLE SERVICES 11/13/06-12/12/06 211934 11/28/2006 78.73 211913 11/28/2006 11/28/2006 168.95 15.02 175.00 211914 11/28/2006 300.00 11/28/2006 6,357.25 11/28/2006 489.00 DIXIELTNE LUMBER CO SHOP SUPPLIES 211935 11/28/2006 100.53 V TRUCK & EQUIPMENT CO INC BUS PARTS FIRST ADVANTAGE CORPORATION BACKGROUND CHECK INDUSTRIAL SUPPLY DISTRIBUTORS J.J. KELLER & ASSOCIATES, INC. KAISER FOUNDATION HEALTH PLAN KIMBALL MIDWEST KIRK'S RADIATOR & AUTO AIR INC MAYER HOFFMAN MCCANN PC MCDONALD TRANSIT ASSOC. INC. NATIONAL INTERSTATE INS CO. NEW FLYER PARTS NEXTEL COMMUNICATIONS AFETY-KLEEN SYSTEMS, INC. SAN DIEGO EMPLOYMENT GUIDE SBC SOUTH COAST MEDICAL CLINIC SPANKY'S, INC.' THE LIGHTHOUSE TORRES UNIFIRST WEBSTER Workers compensation checks SHOP SUPPLIES BUS DRIVER BOOK MEDICAL INS. JANUARY '07 SHOP SUPPLIES RECORE RADIATOR CITY AUDIT-PROFESSIONALSVCS MCDONALD TRANSIT MGMT SVCS AUTOMOBILE INSURANCES BUS PARTS TELEPHONE SVCS FOR BUS RADIOS WASTE REMOVAL TIME BUS OPERATORS AD TELEPHONE SERVICES DMV RENEWAL PORT -POTTY SERVICES BUS PARTS- WIPERBLADE TOOL ALLOWANCE- A. TORRES MAINTENANCE LAUNDRY SERVICE CTA CONFERENCE Total 211936 11/28/2006 1,097.79 211937 11/28/2006 49.06 211938 11/28/2006 259.64 211939 11/28/2006 392.28 211940 11/28/2006 9,981.00 211941 11/28/2006 390.34 211942 11/28/2006 1,567.54 211943 11/28/2006 4,400.00 211944 11/28/2006 13,159.69 211945 11/28/2006 15,039.15 211946 11/28/2006 571.28 211947 11/28/2006 496.85 211948 11/28/2006 705.13 211949 11/28/2006 300.00 211950 11/28/2006 423.87 211951 11/28/2006 56.00 211952 11/28/2006 440.43 211953 11/28/2006 302.78 211954 11/28/2006 246.86 211955 11/28/2006 74.19 211956 1 1 /28/2006 525.74 $376,989.51 12410 ' ` 11/22/2006 83.94 12411 11/22/2006 47.60. 12412 11/22/2006 83.94 12413 11/22/2006 804.45 12428 12414 11/22/2006 119.01 12415 11/22/2006 360.53 12416 11/22/2006 145.2 12417 11/22/2006 255.70 12418 11/22/2006 97.48 11/22/2006 23.83 11/22/2006 25.30 12421 11/22/2006 72.25 12422 11/22/2006 26.70 12423 11/22/2006 19.60 11/22/2006 196.35 11/22/2006 94.62 11/22/2006 2,145.02 12420 12419 12424 12425 12426 12427 11/22/2006 11,140.66 11/22/2006 1,680.0 11/22/2006 400.00 11/22/2006 400.00 11/22/2006 400.00 12432 11/22/2006 104.27 12433 11/22/2006 89.00 12429 12430 12431 12434 12435 12436 12437 12438 Total Grand Total 11/22/2006 225.68 11/22/2006 1,071.18 11/22/2006 24.56 11/22/2006 32.30 11/22/2006 1,560.00 TRANSIT WARRANTS CHECKS 211928-211956 CKS 29 TOTAL $51,805.13 $21,729.21 398,718.7 6 City of National City WARRANT REGISTER #22 001 GENERAL FUND 83,372.99 105 PARKS MAINTENANCE FUND - 157,92 125 SEWER SERVICE FUND 3,785.67 130 EMT-D REVOLVING FUND 10,000:00 131 ASSET FORFEITURE FUND 5,481 97 211 SECURITY AND ALARM REGULATIO 80.94 212. PERSONNEL COMPENSATION FUND 5,937.75 254 LEAD -BASED PAINT HAZARD REDUC 226.00 282 REIMBURSABLE GRANTS CITYWIDE 38.845.58 294 HUD HEALTHY HOMES GRANT 7,761.62 302 CDC PAYMENTS 1,321.72 325 Development Impact Fees 17,117:02 348 STATE GRANT 130,000:00 552 TDA 51,805.13 626 FACILITIES MAINT FUND 623 13 627 LIABILITY INS. FUND 21,729.21 628 GENERAL SERVICES FUND 1,554 61 629 INFORMATION SYSTEMS MAINTENA 441.00 631 TELECOMMUNICATIONS REVOLVI 6,794.03 632 GENERAL ACCOUNTING SERVICES 1,247.40 633 UNEMPLOYMENT INSURANCE RES 8,633.75 643 MOTOR VEHICLE SVC FUND 1,801.28 TOTAL 398,718.72 IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER FRANK PARRA, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF DECEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 16 ITEM TITLE Public Hearing — Tentative Subdivision Map for Park Lofts Condominiums Location: 1509, 1531, 1535 National City Boulevard & 49 East 16th Street APN: 560-100-05, -06, -07, & -08 Applicant: Paradise Creek Holding Corporation Case File No.: S-2006-15 PREPARED BY y� Raymond Pe, AICP , Redevelopment Projects Manager DEPARTMENT 'W Community Development Commission (619) 336-4250 EXPLANATION The proposed project is a condominium subdivision consisting of 306 residential units, approximately 3,800 square feet of commercial space on the ground floor, and 334 parking spaces. On September 15, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-15) for the project, subject to conditions and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-15) would implement the approved project by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-15) is consistent with the Downtown Specific Plan and adequately addressed in the certified EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff recommends approval of Tentative Subdivision Map (S-2006-15) BOARD / COMMISSION RECOMMENDATION On November 20, 2006, the Planning Commission adopted Resolution No. 39-2006 to recommend denial of Tentative Subdivision Map (S-2006-15). Ayes: Alvarado, Baca, Reynolds Nays: Pruitt Absent: De La Paz Abstain: Carrillo, Flores ATTACHMENTS 1. Background Report 2. Tentative Subdivision Map 3. Planning Commission Resolution No. 39-2006 Resolution No. A-200 (9/80) BACKGROUND REPORT SUBJECT PROPERTY Attachment 1 The project site is the block located south of the new City Library. The site is 84,100 square feet in size (1.93 acres) and consists of four parcels that comprise the block east of National City Boulevard between 15th Street and 16th Street, as well as the alley within the block and the southern half of 15th Street along the block. The site is adjacent to Kimball Park to the east. The site has 290-feet of frontage along National City Boulevard, along 15th Street, and along 16th Street. Existing businesses on the block include used car sales and automotive repair. The project site is located in Development Zone 13 of the Downtown Specific Plan. PROPOSED PROJECT The applicant is requesting Tentative Map approval to subdivide the subject property for condominium purposes. The proposed project would consist of three buildings with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. Although the project would be mapped and developed as a condominium subdivision, the applicant proposes to retain and manage the property as market -rate rental units. The largest building, Building A, would occupy two-thirds of the site and include all of the frontage along National City Boulevard and most of the frontage along 16th Street. This building would consist of 255 residential units (110 one -bedroom; 85 one -bedroom plus den; 60 two -bedroom) on five levels above two levels of parking, with a building height of 65-feet. Commercial lease area would be located along National City Boulevard and at the comer of 16th Street. One driveway entrance to the parking levels would be provided along 16th Street. The second-largest building, Building B, would be physically separated from Building A and would be located along the eastern project boundary adjacent. to Kimball Park. This building would consist of 45 residential units (15 one -bedroom; 30 two -bedroom) on four levels with a building height of 40-feet. The smallest building, Building C, would consist of six two -bedroom units along the east side of Building A, above one garage level. Buildings B and C would be separated by a driveway with access to 16th Street. Project amenities would include a resident common area, a pool, and cabana. The project would include the alley within the block and the southern half of 15th Street along the block. The applicant proposes to develop the remaining 15th Street right-of-way (north of center line) as a 25-foot wide pedestrian paseo connecting National City Boulevard to Kimball Park. Development Zone 13 allows a maximum floor area ratio (FAR) of 4:1 and a maximum height of 75-feet. The project totals 283,679 square feet in floor area, which is an FAR of 3.37. The tallest building would have a maximum height of 65-feet. The parking requirement for the project is 334 spaces based on the unit mix (bedrooms) and the floor area of the commercial space; the project would provide 334 spaces. BACKGROUND REPORT PLANNING COMMISSION RECOMMENDATION On November 20, the Planning Commission adopted a resolution on a vote of 3:1, with one absence and two abstentions, recommending that the City Council deny Tentative Subdivision Map (S-2006-15), based on the following findings: 1. The proposed subdivision would impact access to Kimball Park by eliminating public vehicular access to the park from the segment of 15th Street along the northern subdivision boundary. 2. The proposed subdivision would impact public parking and park access by eliminating onstreet parking on the segment of 15th Street along the northern subdivision boundary. 3. The proposed subdivision would impact public parking and park access by eliminating the parking lot on Kimball Park at the easterly terminus of 15th Street. The Planning Commission findings center on the proposed vacation of the southern half of 15th Street and the closure of the northern half of the street to create a pedestrian paseo from National City Boulevard to Kimball Park. On September 15, 2006, the City Council approved the street and alley vacation with findings that the vacation would be consistent with the General Plan, and the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-15) for the project, subject to conditions of approval and based on findings that the project is consistent with the Downtown Specific Plan. The Consistency Review approval is the primary land use entitlement for the project. The proposed Tentative Subdivision Map would implement the approved project. ENVIRONMENTAL REVIEW On September 15, 2006, the Community Development Commission Board found that the project was adequately addressed by the Environmental Impact Report that was prepared and certified for the Downtown Specific Plan. Furthermore, the project would be subject to any applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program. Attachment 2 TENTATIVE SUBDIVISION MAP (S-2006-15) FULL SIZE PLANS AVAILABLE FOR REVIEW IN CDC OFFICE 0111111MILlumingt aresualuausurrorame earovaananse =AMR MP MIL 111/11•111111 1111 OM ow al. Mil 40401111 OMB Irk MIN MIIIIMPIIII. 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SOW ON•Fif RESOLUTION NO. 39-2006 Attachment 3 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF A TENTATIVE SUBDIVISION MAP FOR 'PARK LOFTS' CONDOMINIUMS LOCATION: 1509, 1531, 1535 NATIONAL CITY BOULEVARD & 49 EAST 16TH STREET APPLICANT: PARADISE CREEK HOLDING CORPORATION CASE FILE NO.: S-2006-15 WHEREAS, application was made for approval of a Tentative Subdivision Map for a condominium project, 'Park Lofts,' 1509, 1531, 1535 National City Boulevard & 49 East 16th Street within the City of National City on property generally described as follows: LOTS 1 THROUGH 20 IN BLOCK 1 IN THE QUARTER SECTION 154 IN RANCHO DE LA NACION IN THE CITYOF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF JULY 2, 1888. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 6, 2006, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2006-15 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 hereby taken is found to be essential for the preservation of the 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 introduced in the public hearing for said Tentative Subdivision Map support the following findings: 1. The proposed subdivision would impact access to Kimball Park by eliminating public vehicular access to the park from the segment of 15th Street along the northern subdivision boundary. 2. The proposed subdivision would impact public parking and park access by eliminating onstreet parking on the segment of 15th Street along the northern subdivision boundary. Resolution No. 39-2006 November 20, 2006 Page 2 3. The proposed subdivision would impact public parking and park access by eliminating the parking lot on Kimball Park at the easterly terminus of 15th Street. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends denial of said Tentative Subdivision Map. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 20, 2006 by the following vote: AYES: Alvarado, Baca, Reynolds NAYS: Pruitt ABSENT: DeLaPaz ABSTAIN: Carrillo, Flores at4-6to_cNot,___ CHAIRPERSON City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 17 ITEM TITLE Public Hearing — Tentative Subdivision Map for "Harbor View Condominiums" Location: 404 E. 8th Street, 419 E. 9th Street, and 829 & 831 D Avenue APN: 556-493-01., -02, -03, -04, & -05 Applicant: Harbor View Condos LLC / Gulf Unlimited Corporation Case File No.: S-2006-16 PREPARED BY Raymond Pe, AICP ,. Redevelopment Projects Manager DEPARTMENT Community Development Commission (619) 336-4250 EXPLANATION The proposed project is a condominium building consisting of 75 residential units, approximately 13,000 square feet of commercial space on the ground floor, and one level of underground parking. On October 3, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-5) for the project, subject to conditions and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-16) would implement the approved project by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-16) is consistent with the Downtown Specific Plan and adequately addressed in the certified EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff recommends approval of Tentative Subdivision Map (S-2006-16) BOARD / COMMISSION RECOMMENDATION On November 6, 2006, the Planning Commission adopted Resolution No. 38-2006 to recommend approval of Tentative Subdivision Map (S-2006-16). Ayes: Alvarado, Baca, Pruitt , Reynolds Nays: None Absent: Carrillo, De La Paz, Flores ATTACHMENTS 1. Background Report 2. Tentative Subdivision Map 3. Planning Commission Resolution No. 38-2006 Resolution No. A-200 (9/80) Attachment 1 BACKGROUND REPORT SUBJECT PROPERTY The project site consists of five parcels that comprise the western half of the block bounded by 8th Street to the north, 9th Street to the south, D Avenue to the west, and E Avenue to the east. The site totals 29,250 square feet (0.67 acres) and has 117-feet of frontage along 8th Street and along 9th Street and 250-feet of frontage along D Avenue and along the alley to the east. The site was previously developed with commercial and residential buildings, which have been removed and the site cleared for construction. Surrounding uses include St. Mary's Catholic Church to the north of 8th Street, a strip commercial center and single-family residences to the east, offices and apartments to the west of D Avenue, and apartments to the south of 9th Street. Central Elementary School is located to the east of E Avenue. PROPOSED PROJECT The applicant is requesting Tentative Map approval to subdivide the subject property for condominium purposes. The proposed project is a condominium building with a total of 75 residential units, 12,905 square feet of commercial space, and 115 parking spaces. The building would consist of up to seven levels above one level of underground parking with a maximum building height of 73-feet along 8th Street, stepping down in height to 36-feet and three levels along 9th Street. The commercial space on the ground floor would create storefronts along 8th Street and D Avenue. The residential unit mix would consist of 10 one -bedroom units, 38 two -bedroom units, and 27 three -bedroom units. Parking would be provided on a basement level (85 spaces) that would be accessed from 9th Street, as well as within two ground floor garages (30 spaces) accessed from the alley and D Avenue. Residential amenities would include private balconies and common open space within a landscaped plaza on the second floor and on roof -top terraces. The project site falls within Development Zones 9 and 10 of the Downtown Specific Plan. Development Zone 9 allows a maximum floor area ratio (FAR) of 5.0 and a maximum height of 90 feet. The project would have an FAR of 4.2 and a maximum height of 73 feet within this development zone. Development Zone 10 allows a maximum FAR of 3.0 and a maximum height of 36 feet. The project would have an FAR of 1.8 and a maximum height of 36 feet within this zone. The parking requirement for the project is 111 spaces based on the unit mix (bedrooms/unit) and the commercial floor area; the project would provide 115 spaces. CONSISTENCY REVIEW On October 3, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-5) for the project, subject to conditions of approval and based on findings that the project is consistent with the Downtown Specific Plan. The Consistency Review approval is the primary land use entitlement for the project. The proposed Tentative Subdivision Map would implement the approved project. BACKGROUND REPORT ENVIRONMENTAL REVIEW On October 3, 2006, the Community Development Commission Board found that the project was adequately addressed by the Environmental Impact Report that was prepared and certified for the Downtown Specific Plan. Furthermore, the project would be subject to any applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program. Attachment 2 TENTATIVE SUBDIVISION MAP (S-2006-16) FULL SIZE PLANS AVAILABLE FOR REVIEW IN CDC OFFICE Attachment 3 RESOLUTION NO. 38-2006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR `HARBOR VIEW CONDOMINIUMS' LOCATION: 404 E. 8TH STREET, 419 E. 9TH STREET, AND 829 & 831 D AVENUE APPLICANT: HARBOR VIEW CONDOS LLC / GULF UNLIMITED CORPORATION CASE FILE NO. S-2006-16 WHEREAS, application was made for approval of a Tentative Subdivision Map for a condominium project, `Harbor View Condominiums,' at 404 E. 8th Street, 419 E. 9th Street, and 829 & 831 D Avenuewithin the City of National City on property generally described as follows: LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1 OF T. PARSON'S ADDITION, BEING A SUBDIVISION OF TEN ACRE LOT 16 IN QUARTER SECTION 154 RANCH DE LA NACION, IN NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 57, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 6, 2006, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2006-16 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 hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said Tentative Subdivision Map support the following findings: 1. The .project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. Resolution No. 38-2006 November 6, 2006 Page 2 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. 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 was previously developed and is located in a completely urbanised area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. 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, or such easements will be provided or relocated as required. 8. 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. 9. 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. 10. 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. BE IT FURTHER RESOLVED that the Planning Commission has considered that the Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis. Resolution No. 38-2006 November 6, 2006 Page 3 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-16), dated October 19, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2006-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art. program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 14, 2005. a) 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 storni drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. g) Resolution No. 38-2006 November 6, 2006 Page 4 b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering. permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off 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. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material 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. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. 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 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. RESOLUTION NO. 38-2006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR `HARBOR VIEW CONDOMINIUMS' LOCATION: 404 E. 8TH STREET, 419 E. 9TH STREET, AND 829 & 831 D AVENUE APPLICANT: HARBOR VIEW CONDOS LLC / GULF UNLIMITED CORPORATION CASE FILE NO. S-2006-16 WHEREAS, application was made for approval of a Tentative Subdivision Map for a condominium project, `Harbor View Condominiums,' at 404 E. 8th Street, 419 E. 9th Street, and 829 & 831 D Avenuewithin the City of National City on property generally described as follows: LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1 OF T. PARSON'S ADDITION, BEING A SUBDIVISION OF TEN ACRE LOT 16 IN QUARTER SECTION 154 RANCH DE LA NACION, IN NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 57, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 6, 2006, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2006-16 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 hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said Tentative Subdivision Map support the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. Resolution No. 38-2006 November 6, 2006 Page 2 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. 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 was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. 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, or such easements will be provided or relocated as required. 8. 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. 9. 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. 10. 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. BE IT FURTHER RESOLVED that the Planning Commission has considered that the Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis. Resolution No. 38-2006 November 6, 2006 Page 3 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-16), dated October 19, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2006-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 14, 2005. a) 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 requirements. Resolution No. 38-2006 November 6, 2006 Page 4 b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering. permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for themaintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off 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. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material 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. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. 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 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. g) /1 Resolution No. 38-2006 November 6, 2006 Page 5 h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. 1) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. n) 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. o) 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. 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. q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The Final Map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. j) p) Resolution No. 38-2006 November 6, 2006 Page 6 t) 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 existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated September 12, 2005. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall prepare a capacity study and upgrade the sewer line as necessary. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memorandum dated September 12, 2005. a) Automatic fire sprinkler system will be required. b) Wet standpipes will be required c) Automatic and manual fire alarm system with communications system will be required. d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a flow duration of 4 hours. e) Underground parking area must have ready emergency access on both sides of parking area. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements. )3 Resolution No. 38-2006 November 6, 2006 Page 7 a) Evaluate existing bus stops for installation of shelters, benches, trash containers, lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost for these upgrades shall be borne by the developer. b) NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Submit plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for review and comments. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that 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 such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. Resolution No. 38-2006 November 6, 2006 Page 8 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 6, 2006 by the following vote: AYES: Alvarado, Baca, Pruitt, Reynolds NAYS: ABSENT: Carrillo, Flores, DeLaPaz ABSTAIN: CHAIRPERSON MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 19, 2006 AGENDA ITEM NO. 18 ITEM TITLE Resolution Approving Tentative Subdivision Map for Park Lofts Condominiums Location: 1509, 1531, 1535 National City Boulevard & 49 East 16th Street APN: 560-100-05, -06, -07, & -08 Applicant: Paradise Creek Holding Corporation Case File No.: S-2006-15 PREPARED BY Raymond Pe, MCP Redevelopment Projects Manager DEPARTMENT 9QC Community Development Commission (619) 336-4250 EXPLANATION The proposed project is a condominium subdivision consisting of 306 residential units, approximately 3,800 square feet of commercial space on the ground floor, and 334 parking spaces. On September 15, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-15) for the project, subject to conditions and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-15) would implement the approved project by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-15) is consistent with the Downtown Specific Plan and adequately addressed in the certified EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff recommends adoption of Resolution No. BOARD / COMMISSION RECOMMENDATION On November 20, 2006, the Planning Commission adopted Resolution No. 39-2006 to recommend denial of Tentative Subdivision Map (S-2006-15). Ayes: Alvarado, Baca, Reynolds Nays: Pruitt Absent: De La Paz Abstain: Carrillo, Flores ATTACHMENTS Resolution No. A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING TENTATIVE SUBDIVISION MAP FOR PARK LOFTS CONDOMINIUMS LOCATION: 1509, 1531, 1535 NATIONAL CITY BOULEVARD AND 49 EAST 16TH STREET APPLICANT: PARADISE CREEK HOLDING CORPORATION CASE FILE NO. S-2006-15 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Park Lofts Condominiums located at 1509, 1531, 1535 National City Boulevard and 49 East 16th Street within the City of National City on property generally described as: LOTS 1 THROUGH 20 IN BLOCK 1 IN THE QUARTER SECTION 154 IN RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF JULY 2, 1888. WHEREAS, the Planning Commission considered said application at a public hearing held on November 6, 2006, and by Resolution recommended denial of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 19, 2006, 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 No. S-2006-15, 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 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 that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. Resolution No. 2006— December 19, 2006 Page 2 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. 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 was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposedlrequired improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposedlrequired improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. 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. 9. 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. 10. 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. BE IT FURTHER RESOLVED that the City Council has considered that the certified Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: 48. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. Resolution No. 2006— December 19, 2006 Page 3 49. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-15), dated September 21, 2006, except as modified by the conditions of approval. 50. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2006-1). 51. Paseo Plans. The applicant shall submit paseo improvement plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The paseo shall be designed to allow ingress and egress of emergency, maintenance, and service vehicles to the adjacent park and library. Restroom facilities shall be provided if determined to be feasible and desirable by the City. 52. Library Parking. The applicant shall submit a parking plan for the adjacent library parking lot and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The plans shall include a second driveway approach on National City Boulevard, and a redesign of the parking layout to create the maximum number of parking spaces feasible. 53. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior -to occupancy. 54. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 55. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 56. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 57. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 58. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. Resolution No. 2006— December 19, 2006 Page 4 59. Engineerinq Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) 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 requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the'Priority Project Permanent Storm Water BMP Requirement' and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off 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. e) 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 Citys standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous 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. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. Resolution No. 2006— December 19, 2006 Page 5 g) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. 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 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp '5' shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the south side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map o) 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. Resolution No. 2006— December 19, 2006 Page 6 p) 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. 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. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. s) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. t) The Final Map shall be recorded prior to issuance of any building permit. u) All new property line survey monuments shall be set on private property, unless otherwise approved. v) The Final Map shall use the California Coordinate System for its 'Basis of Bearing' 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 existing horizontal control stations shall be shown. q) 60. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) 15th Street pedestrian paseo—Any material other than standard asphalt concrete hot mix shall be maintained by the project HOA. Ingress and egress via the paseo to the City Library shall be preserved. c) Sewer facilities —The developer shall agree to obtain occupancy of the project after the City completes its trunk line upgrade project. d) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. e) The developer shall install streetlights along street and paseo frontages. f) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOA. g) Access to the park and library for emergency vehicles and delivery trucks (10-ton) shall be maintained. Resolution No. 2006— December 19, 2006 Page 7 61. Fire Department Requirements. The .applicant shall comply with all Fire Department requirements, including the listed requirements. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Class I standpipe system will be required e) Emergency vehicle access will be required on the north side of the structure. Roadway to have a minimum width of 20 feet with a minimum vertical clearance of 13 feet, 6 inches. Turnaround will be required. f) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 62. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. 63. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the listed requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 64. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the listed requirements. a) Construction of an expanded bus stop at National City Boulevard and 12th Street with a larger shelter (or two smaller sizes) and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. Resolution No. 2006— December 19, 2006 Page 8 b) Evaluate the installation of a new bus stop along National City Boulevard near the intersection of 14th Street (Library) or other nearby locations with a shelter, benches, route map and trash containers. This shelter should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. c) Include this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006-6/DSP-2005-1 and Centro (Constellation Property Group) S-2006-6/DSP-2005-1. d) The developer should bear all associated costs to implement any Transit recommendations. e) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. 65. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 66. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that 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 such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 67. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 68. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. Resolution No. 2006- December 19, 2006 Page 9 69. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 70. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City and signed by the City Manager of the City of National City prior to recordation. 71. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 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 19th day of December, 2006. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City, California COUNCIL AGENDA STATEMENT 19 MEETING DATE December 19, 2006 AGENDA ITEM NO. ITEM TITLE Resolution Approving Tentative Subdivision Map for "Harbor View Condominiums" Location: 404 E. 8th Street, 419 E. 9th Street, and 829 & 831 D Avenue APN: 556-493-01, -02, -03, -04, & -05 Applicant: Harbor View Condos LLC / Gulf Unlimited Corporation Case File No.: S-2006-16 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT c, Community Development Commission (619) 336-4250 EXPLANATION The proposed project is a condominium building consisting of 75 residential units, approximately 13,000 square feet of commercial space on the ground floor, and one level of underground parking. On October 3, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-5) for the project, subject to conditions and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-16) would implement the approved project by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-16) is consistent with the Downtown Specific Plan and adequately addressed in the certified EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff recommends adoption of Resolution No. BOARD / COMMISSION RECOMMENDATION On November 6, 2006, the Planning Commission adopted Resolution No. 38-2006 to recommend approval of Tentative Subdivision Map (S-2006-16). Ayes: Alvarado, Baca, Pruitt , Reynolds Nays: None Absent: Carrillo, De La Paz, Flores ATTACHMENTS Resolution No. A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR HARBOR VIEW CONDOMINIUMS LOCATION: 404 EAST 8TH STREET, 419 EAST 9TH STREET, AND 829 AND 831 D AVENUE APPLICANT: HARBOR VIEW CONDOS LLC / GULF UNLIMITED CORPORATION CASE FILE NO. S-2006-16 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Harbor View Condominiums located at 404 East 8th Street, 419 East 9th Street, and 829 and 831 D Avenue within the City of National City on property generally described as: LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1 OF T. PARSONS ADDITION, BEING A SUBDIVISION OF TEN ACRE LOT 16 IN QUARTER SECTION 154 RANCH DE LA NACION, IN NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 57, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881. WHEREAS, the Planning Commission considered said application at a public hearing held on November 6, 2006, 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 December 19, 2006, 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 No. S-2006-16, 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 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 that it hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. Resolution No. 2006- December 19, 2006 Page 2 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. 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 was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. 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, or such easements will be provided or relocated as required. 8. 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. 9. 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. 10. 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. BE IT FURTHER RESOLVED that the City Council has considered that the certified Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the Citys independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: Resolution No. 2006— December 19, 2006 Page 3 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-16), dated October 19, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2005-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) 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 requirements. Resolution No. 2006— December 19, 2006 Page 4 b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the'Priority Project Permanent Storm Water BMP Requirements' and the City of c) National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. d) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. e) All surface run-off 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. f) 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 Citys standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous 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. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. h) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. 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 8-inch in size with a clean out and the installation of a g) p) q) Resolution No. 2006- December 19, 2006 Page 5 manhole in the street. A sewer stamp "S' shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. i) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. k) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. j) I) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. m) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. n) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. o) 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. 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. 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. Resolution No. 2006— December 19, 2006 Page 6 r) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. s) The Final Map shall be recorded prior to issuance of any building permit. t) All new property line survey monuments shall be set on private property, unless otherwise approved. u) 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 existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities —The developer shall prepare a capacity study and upgrade the sewer line as necessary. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the projects frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements. a) Automatic fire sprinkler system will be required. b) Wet standpipes will be required c) Automatic and manual fire alarm system with communications system will be required. d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a flow duration of 4 hours. e) Underground parking area must have ready emergency access on both sides of parking area. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. Resolution No. 2006— December 19, 2006 Page 7 14. Police Department Requirements. The applicant shall comply with all Police Department requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements. a) Evaluate existing bus stops for installation of shelters, benches, trash containers, lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost for these upgrades shall be borne by the developer. b) NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Submit plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for review and comments. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that 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 such common areas and facilities. Such entity shall operate under recorded CC&Rs approved Resolution No. 2006- December 19, 2006 Page 8 by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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. ***Signature Page to Follow ""* Resolution No. 2006- December 19, 2006 Page 9 PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 19, 2006 20 AGENDA ITEM NO. 7JTEM TITLE Resolution of the City Council of the City of National City reallocating $430,000 for the old library remodel as required by the lease with the San Diego Joint Port Labor Relations Committee (PMA/ILWU), awarding a contract to Stevens Construction in the amount of $360,000 to perform the work required by the National City Library Remodel for the PMA/ILWU project, and authorizing the Mayor to execute the contract. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4383 EXPLANATION See Attached. 1 Environmental Review x N/A MIS Approval Financial Statement Approved By: It is recommended that $430,000 be transferred from Account Number Finance Director 189-409-500-598-1400 Phase 7 Garden Level Remodel to Account No. 189-409-500-598-1584 National City Library Remodel for the PMA/ILWU. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. October 3, 2006 Staff Report 3. Bid Opening Result Sheet pma Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REALLOCATING $430,000 FOR THE FORMER LIBRARY REMODEL AS REQUIRED BY THE LEASE WITH THE SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE (PMA/ILWU), AWARDING A CONTRACT TO STEVENS CONSTRUCTION IN THE AMOUNT OF $360,000 TO PERFORM THE WORK REQUIRED BY THE NATIONAL CITY LIBRARY REMODEL FOR THE PMA/ILWU PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT • WHEREAS, pursuant to the lease of the former library with the San Diego Joint Port Labor Relations Committee (PMA/ILWU), the City agreed to construct certain tenant improvements; and WHEREAS, the Library remodel for the PMA/ILWU project was advertised for construction bid, and Stevens Construction was found to be the lowest responsive, responsible bidder; and WHEREAS, the City Engineer recommends that a contract for the remodeling of the former library in the amount of $360,000 be awarded to Stevens Construction; and WHEREAS, in order to proceed with the project, it is further recommended by the City Engineer that a CIP expenditure account be established by reallocating $430,000 for this project, which amount will cover construction, construction management, special inspection, and contingency, from the existing CIP account for the Phase 7 Garden Level Remodel. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Library Remodel for the PMA/ILWU Project to Stevens Construction, and authorizes the Mayor to execute the contract. BE IT FURTHER RESOLVED that the City Council hereby authorizes the following reallocation of funds: FROM: Account No. 189-409-500-598-1400 (Phase 7 Garden Level Remodel) TO: Account No. 189-409-500-598-1584 (National City Library Remodel for the PMA/ILWU) AMOUNT: $430,000 PURPOSE: National City Library Remodel for the PMA/ILWU Project Resolution No. 2006- December 19, 2006 Page 2 PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXPLANATION: On October 3, 2006 the City Council of the City of National City approved a lease with the San Diego Joint Port Labor Relations Committee for the use of the western portion of the former National City Library building located at 200 East 12th Street. The lease authorized the use of approximately 4,300 square feet of the building space for office use for a period of time not to exceed five years. The lease described in detail the remodeling of the building required to make the building suitable for use by the lessee (PMA/ILWU) and specified that the required building improvements must be accomplished by the lesser (City). A copy of the October 3 City Council report that includes the lease is attached for reference. In accordance with the lease requirements the project was designed and specifications were prepared for the improvements. The project was advertised for construction bid for four weeks. Nine bids were received for the project ranging from the low of $360,000 by Stevens Construction - located at 125 East 17th Street, National City - to a high of $498,525. Staff has reviewed the bid by Stevens Construction and finds it to be responsible and responsive. It is recommended that the City Council award the project to Stevens Construction. The budgeting for this project is as follows: Construction Construction Management Special Inspection Contingency Total $360,000 $30,000 $5,000 $35,000 $430,000 Approximately 8% Approximately 1.5% Approximately 10% In order to move forward with this project it is necessary to create a CIP expenditure account. To do so it is recommended that $430,000 be reallocated for this project from the existing CIP account number 189-409-500-598-1400, Phase 7 Garden Level Remodel. The Garden Level Remodel account was originally set-up to perform a major remodel to the ground floor level of the City Hall building in the holding cell area of the former Police Facility. This project did not go forward primarily because of the needed additional budget necessary to implement seismic improvements that a remodel of this magnitude would trigger due to the Building Codes. This budget was also one of the CIP accounts "frozen" after the failure of Proposition B. If approved by Council an JBAR will be prepared by Engineering to transfer the $430,000 to account number 189-409-500-598-1584 - National City Library Remodel for the PMAIILWU City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 20 ITEM TITLE Resolution — APPROVING A LEASE WITH THE SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE FOR USE OF THE WESTERN PORTION OF THE FORMER NATIONAL CITY LIBRARY BUILDING (200 EAST 12TH STREET) FOR OFFICE USE AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE. PREPARED BY CDC Staff x4250 DEPARTMENT Community Development Commissio • EXPLANATION Relocation of the International Longshore & Warehouse Union ("ILWU") Local No. 29 office at 41 East 12th Street will be necessary to develop the Revolution 2 project by the Constellation Property Group ("Developer"). The existing lease expires October 31, 2011 and the Developer has asked the City for assistance in finding a temporary relocation site for the ILWU, so development of the Revolution 2 site can proceed. On May 16, 2006 the City Council authorized the City Manager to negotiate a lease for the former National City Public Library building at 200 East 12th Street, as a temporary location for the ILWU, while a permanent location is found. The ILWU would occupy the western portion (approximately 4,300 square feet) of the Library building, while leaving the remaining portion (18,000 square feet) available for the phased development of the proposed Arts Center. Proposed terms of the lease will include; lease length, revenue, maintenance, parking, property taxes and inflationary adjustments to the market rent. Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement Staff estimates the City will receive approximately $130,000 during the initial 2-year term of the proposed lease and $340,000 the lease runs for a 5-year total term. There are no extensions proposed beyond the maximum 5-year term of the lease. Account No. STAFF RECOMMENDATION Adopt the Resolution authorizing the Mayor to execute the market rate lease, not to exceed 5 years in length for City property (200 East 12th Street) with the San Diego Port Labor Relations Committee. BOARD / COMMISSION RECOMMENDATION None. ATTACHMENTS 1. Background Report 2. ILWU Space Plan 3. Lease Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE FOR THE USE OF THE WESTERN PORTION OF THE FORMER NATIONAL CITY LIBRARY BUILDING LOCATED AT 200 EAST 12TH STREET FOR OFFICE USE FOR A TERM NOT TO EXCEED FIVE (5) YEARS WHEREAS, the City desires to assist the San Diego Joint Port Labor Relations Committee in finding a suitable temporary office and dispatch facility; and WHEREAS, the San Diego Joint Port Labor Relations Committee desires to lease from the City certain office space at the former National City Library building located at 200 East 12th Street to service as a temporary office and dispatch facility; and WHEREAS, the City desires to assist the Community Development Commission of the City of National City (CDC) who is engaged in activities necessary to execute and implement the Redevelopment Plan for the National City Redevelopment Project and the National City Downtown Specific Plan; and WHEREAS, the Lease Agreement will facilitate the re -use of an underutilized property; and WHEREAS, the relocation of the San Diego Joint Port Labor Relations Committee will assist the CDC in implementing the Redevelopment Plan and the Downtown Specific Plan; and WHEREAS, lease revenue will provide needed funding to the City's general fund for community benefits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement with the San Diego Joint Port Labor Relations Committee for the use of the western portion of the former National City Library building located at 200 East 12th Street for office use, for a term not to exceed five (5) years. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT The Revolution 2 development will require the demolition of a two-story office building at 41 East 12th Street to accommodate the twenty-two story mixed -use residential project with 2.47residential condominium units, over 10,000 square feet of retail space with a transit plaza. Leases for the remaining tenants of the existing office building have all expired except for the ILWU, which exercised a 5-year lease extension option, until October 31, 2011. The Developer has asked the City for assistance in finding a temporary relocation site for the ILWU, so development of the Revolution 2 site can proceed. The National City Community Development Commission ("CDC") assessed its properties holdings and called local brokers to ascertain the availability of replacement office space for the ILWU as a suitable location. After eliminating CDC and available market properties it was determined that the former National City Library at 200 East 12th Street ("Library") might serve as a temporary location for the ILWU, while a permanent facility is found. On May 16, 2006 the City Council (Resolution 2006-95) authorized the City Manager to negotiate a market rate lease with an initial term of two (2) years and three (3) 1-year extensions for a total potential lease term of no longer than five (5) years. The attached lease addresses the following issues: -Maintenance and repairs to be performed by the City. - Tenant improvements.to be installed by the City pursuant to the work letter attached to the lease. -Parking spaces reserved exclusively for the lessee. 66odditions for the three (3) 1-year extensions. -Initial rent of $5,375 per month with inflationary adjustments for market rate rent of between 3 and 5 percent. - Possessary interest taxes and utilities to be paid by the City. CDC and City staff met with the National City Public Arts Committee to discuss the proposed lease of the Library and identify shared -use issues with respect to the Library building having a dual use as an Arts Center and ILWU office for up to 5 years. Benefits to the City of leasing the western portion of the Library to the ILWU include: • Proceeding with the Revolution 2 project as catalyst redevelopment for Downtown National City. • Allows Arts Center project to move forward in a phased fashion. • Providing an immediate occupant for a property that suffers from vagrancy and vandalism. • Provides revenue ($150,000 to $400,000) from a facility, where there is currently none. 9 ATTACHMENT 2 ILWU SPACE PLAN FUTURE ARTS CENTER AREA KITCHEN STORAGE 112 COM EN Ei 00 MEN 101) 5TO 113 MEETING ROOM no HALL 109 HALL OFFICE (101) OFFICE 102 OFFICE 103 STORAGE 11041 DISPATCH COUNTER 11051 GREAT HALL pOOl STORAGE ILWU Parking LEASE By and between the CITY OF NATIONAL CITY and SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE This Lease, made and entered into this 7th day of July, 2006 by and between the City of National City ("City"), hereinafter designated as "Lessor," and San Diego Joint Port Labor Relations Committee (comprised of the International Longshore & Warehouse Union — Local No. 29 and the Pacific Maritime Association), hereinafter designated as "Lessee." RECITALS Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the western portion of the building located at 200 East 12`h Street in National City, California for the use described in Section 4 below more fully described as Lessee's exclusive use of a 4,300 square feet area on Exhibit "A" as Office Use, NOW, THEREFORE, the parties hereto agree as follows: 1. Legal Status Of Lessee. Lessee warrants that it is a legal mutual benefit corporation, incorporated under the laws of the State of California. 2. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of' National City, County of San Diego, State of California, commonly described as western portion (4,300 square feet) of the building located (the "Leased Premises") at 200 East I2`h Street in National City, California (the "Building"), otherwise known as the former National City Library building (San Diego County Assessor's Parcel number 560-100-03). The approximate configuration and location of the Leased Premises is shown on Exhibit A attached hereto and incorporated herein by reference. 3. Condition of Leased Premises. Lessor shall deliver the Leased Premises and the Building to Lessee in a clean condition and warrants that the existing mechanical, electrical, doors, plumbing, lighting, heating, ventilation and air conditioning systems, exterior paved surfaces, landscaping and hardscaping and all improvements constructed to facilitate Lessee's occupancy and Use of Leased Premises and Building, including, without limitation the Lessee Improvements (as defined in Exhibit B) shall be in good operating condition as of the Commencement Date (as defined in Section 6 below) and comply with all building and regulatory laws and codes, including, without limitation, Americans with Disability Act ("ADA"). 4. Use. The Leased Premises are leased to Lessee by Lessor for the following purposes: (i) a dispatch hall and meeting place fpr the Longshore and Warehouse Union; (ii) general office and administrative uses; and (iii)ancillary uses consistent with the uses specified in clauses (i) and (ii). 5. Assignment & Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior) written consent of the Lessor; provided however, Lessee may assign or Page 1 of 9 sublet this Lease to an affiliate of Lessee without the prior written consent of Lessor. 6. lerm. The initial term of this Lease shall be twenty (24) months ("Term"), beginning on the date which is the later of (i) August 31, 2006; or (ii) ten (10) days after Lessor has completed all of the Lessee improvements (`Lessee Improvements") as described in and in accordance with that certain Work Letter attached to this Lease as Exhibit B and incorporated herein by reference, and Lessor has delivered possession of the Leased Premises to Lessee (the "Commencement Date") . The Lessor hereby grants the Lessee the options (collectively "Options") to extend the Term of this Lease for three (3) additional twelve (12) month periods commencing when the Term expires and each twelve (12) month period thereafter. To exercise any Option, Lessee must be current on all financial obligations including; Rent and Liability Insurance. Lessee's payment of Rent during the first calendar month of an Option shall constitute exercising such twelve (12) month extension in term for such Option. Non- payment of Rent beyond thirty (30) calendar days of the first month of any Option shall constitute a waiver of all remaining Options. Lessee acknowledges that the use of the Leased Premises is temporary and agrees to use good faith efforts to seek alternative premises to the Leased Premises for the use set forth herein; provided, however, notwithstanding the foregoing or anything to the contrary contained herein (i) nothing in this paragraph shall create any liability or obligation on the part of Lessee; and (ii) Lessor shall have no right to terminate this Lease prior to the expiration of the Term (as extended by the Options) for failure of Less to seek or otherwise find alternative premises to the Leased Premises. Lessee to initial here & i§'2g-4I6date t/(/ Lessee to initial here &904-4h6,eedate 7. Termination and Lessee Default. This Lease may be terminated by the Lessee, (with or without cause) upon one hundred and twenty (120) days written notice to Lessor. The Lease may be terminated by the Lessor upon the occurrence of one or more of the following defaults ("Defaults") and the failure of Lessee to cure any such Defaults within any applicable grace period: (7.1) The failure of Lessee to make any payment of Rent or provide reasonable evidence of insurance, or to fulfill any obligation of Lessee under this Lease which endangers or threatens life or property, where such failure continues for a period of ten (10) business days following written notice from Lessor. (7.2) A failure by Lessee to perform any of the obligations of Lessee Lease (other than those described in subparagraph 7.1), where such failure continues for a period of thirty (30) a days after written notice from Lessor; provided, however, that if the nature of Lessee's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 8. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf of Lessee, including but not limited to the obtaining of reasonably required insurance policies, or government licenses, permits or approvals. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within Len (10) days of receipt of invoice therefore. If any check given to Lessee shall not be honored by the bank upon which it is drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. In the event of a Default which Lessee has failed to cure within any applicable grace period, Lessor may, with or without further notice or demand and without limiting Lessor in the exercise of Page 2 of 9 any right or remedy which Lessor may have by reason of such Default; terminate the Lessee's right to possession of the Leased Premises by any lawful means, continue the Lease, and/or pursue any other remedy now or hereafter available under the laws or judicial decision of the State of California. 9. Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to perform any of the obligations of Lessor under this Lease and such failure continues for a period of thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee upon a Lessor Default shall be cumulative and upon a Lessor Default Lessee may pursue any and all rights and remedies at law or in equity, whether at the same time or otherwise. 10. Rent. Lessee shall pay a Rent for the Leased Premises of One and 25/100 Dollars ($1.25) per rentable square foot for approximately 4,300 square feet of rentable space, or Five Thousand Three Hundred Seventy Five and No/100 Dollars ($5,375.00) per month for the term of this lease, payable on the first (1') day of each month commencing on the Commencement Date. The Rent includes consideration for maintenance, utility expenses, insurance, management, capital repairs and upgrades and property taxes to be incurred by the Lessor. Payment of Rent after the fifth (56) day of each month shall require an additional payment of One Hundred and no/100 Dollars ($100.00) in addition to the outstanding Rent. Lessor and Lessee agree that the rentable space of the Leased Premises for all purposes under this Lease shall be 4,300; provided, however, that, at any time during the term of this Lease Lessee may at Lessee's expense, cause its architect to re -measure the Leased Premises in accordance with the Applicable Measurement Standards (as defined below). Upon completion of any such re - measurement, Lessor and Lessee shall, at the request of either party, confirm the rentable space in writing. As used herein, "Applicable Measurement Standards" means the ANSLBOMA Z-65.1 1996 Standard Method of Measuring Floor Area in Office Buildings. 11. Inflation Adjustment. The monthly Rent shall be adjusted for inflation (measured by the preceding 12 month period) on July 1, 2007, July 1, 2008, July 1, 2009, and July 1, 2010. The Consumer Price Index (U — All Urban Consumers) of the Bureau of Labor Statistics of the United States Department of Labor, for the Urban Area of Los Angeles, Riverside and Orange Counties shall be the inflationary index applied to each yearly adjustment in Rent ("CP1"). In no event shall the annual CPI increase be less than three (3) percent or more than five (5) percent of the Rent for the preceding year. The monthly Rent shall be indexed for inflation by the following formula which shall apply to the Term and the Options: July 1, 2006 thru June 1, 2007 - (Year 1 Rent) $5,375.00 per month July 1, 2007 thru June 1, 2008 - (Year 2 Rent) Year 1 monthly Rent plus CPI increase per month July 1, 2008 thru June 1, 2009 - (Year 3 Rent) Year 2 monthly Rent plus CPI increase per month July 1, 2009 thin June 1, 2010 - (Year 4 Rent) Year 3 monthly Rent plus CPI increase per.month July 1, 2010 thru June 1, 2011 - (Year 5 Rent) Year 4 monthly Rent plus CPI increase per month 12. Maintenance and Repair. Lessor shall provide, at Lessor's own expense, routine services, maintenance and repair including: landscaping, windows, lighting, HVAC, all mechanical and electrical systems, plumbing, painting of all public areas, and all exterior paved areas including hardscaping and parking. Lessor will be responsible for repair of improvements located on the Leased. Premises, except the Lessee shall be responsible for cleaning/janitorial service of the Leased Premises. Lessee shall keep the Leased Premises in as good order, condition and repair as reasonable use and wear thereof will permit. Page 3 of 9 (12.1) Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the Building and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Without limiting the foregoing, Lessor shall provide adequate lighting in the parking area servicing the Building. Notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs or take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the cost of the repairs or other work. If Lessor fails to promptly make any repairs or replacements required under this Section 12.1 after ten (10) days of written notice from Lessee, Lessee may, at its option, make such repairs or replacements, and Lessor shall reimburse the cost thereof to the Lessee within ten (10) days of written demand. (12.2) Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense. If Lessee fails to make such repairs or replacements promptly, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Hundred and no/100 Dollars ($500.00). to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without Lessor's prior written consent; which consent shall not be unreasonably withheld, delayed or conditioned. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. (12.3) Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of property improvements on the Leased Premises. 13. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements without first obtaining the written consent of Lessor which shall not be unreasonably withheld, conditioned or delayed. All work shall be done by contractors approved by Lessor. Lessor's approval or consent shall not be unreasonably withheld, conditioned or delayed. Any alterations or physical additions in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to I.,essor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to movable equipment or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, permitting and Page 4 of 9 competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease. 14. Utilities. Lessor will be responsible payment of the following utilities; including electric, gas, sewer, trash and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed In front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins as shown on Exhibit A. 15. Parking. Lessee shall have exclusive use of fourteen (14) parking spaces between the hours of 6:00 am to 7:30 am (Pacific Standard Time) and 2:00 pm to 3:00 pm (Pacific Standard Time), Monday through Sunday (shown as "General Membership Spaces" in Exhibit A). Lessee shall have exclusive use of six (6) parking spaces between the hours of 5:00 am and 6:00 pm (Pacific Standard Time), Monday through Sunday (shown as "Office Spaces" in Exhibit A). Lessee shall also have access to auxiliary parking between the hours of 6:00 am to 7:30 am (Pacific Standard Time) and 2:00 pm to 3:00 pm (Pacific Standard Time), Monday through Sunday, as shown in Exhibit C. 16. Mailinas & Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and, shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the united States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: City Manager, City of National City 1243 National City Boulevard National City, California 91950-4397 President, International Longshore & Warehouse Union — Local No. 29 200 East 12`h Street National City, California 91950 Pacific Maritime Association 555 Market Street San Francisco, California 94105 Atm: General Counsel 17. inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and Page 5 of 9 ascertaining the conditions of the same and the operation and maintenance thereof. 18. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Leased Premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Lessees, lessees, subleases, sublessees, or vendees in the Leased Premises. 19. Indemnification. Lessee agrees to indemnify, defend and hold harmless Lessor and the Community Development Commission of the City of National City from all liability, loss, cost, claims, demands, suits and defense costs (collectively "Liabilities") arising out of Lessee's failure to observe or comply with any laws in any material respect or the negligence or willful misconduct of Lessee in or about the Building or any portion thereof. Lessor agrees to indemnify, defend and hold harmless Lessee from all Liabilities arising from Lessor's failure to observe or comply with any laws in any material respect or the negligence or willful misconduct of Lessor in or about the Building or any -portion thereof. 20. Lessee Insurance. Lessee shall take out and maintain, throughout the period of this Lease, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. This policy shall name Lessor the City of National City, the Community Development Commission of the City of National City, and their officers, agents, and employees as additional iusured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep any required insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. Prior to commencement of this Lease, Lessee shall furnish Lessor certificates of insurance evidencing the insurance requirements by this clause. 21 Lessor Insurance. Lessor shall take out and maintain, throughout the period of this Lease, insurance on the Building with responsible insurers, on an "all risk" or "special form" basis, insuring the Building and the Lessee Improvements that have been installed by Lessor pursuant to the Work Letter (Exhibit B), in an amount equal to at least ninety percent (95%) of the replacement cost thereof, excluding land, foundations, footings and underground installations. Lessor may, but shall not be obligated to, carry insurance against additional perils and/or in greater amounts. Prior to . ,- mencement of this Lease, Lessor shall furnish Lessee certificates of insurance evidencing the insurance requirements by this clause. Page 6 of 9 22. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 23. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. Any additional signage or changes to existing signage after the Commencement Date will require the Lessee to pay for and obtain all regulatory approvals (permits) for the Leased Premises. 24. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 25. Americans with Disabilities Act. Subject to Section 3, upon commencement of Lease with regards to Lessee's Use and Section 12 of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. Lessee was provided a Due Diligence Summary Report by Reyes Architects documenting ADA conditions 26. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. In addition, Lessee has been advised that this site may have been constructed with building materials that at this time are considered hazardous substances. Lessee was provided a Due Diligence Summary Report by Reyes Architects documenting hazardous materials conditions. 27. Obstruction, Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior wTitten approval. 2S. Quiet Possession. Subject to Lessee's full and timely performance of all of Lessee's obligations Page 7of9 under this Lease, Lessee shall have the quiet possession of the Leased Premises throughout the Term (as the same may be extended by the Options) as against any persons or entities lawfully claiming by, through or under Lessor. 29. No Encumbrances. Lessor hereby warrants and represents that no part of the Building is subject to any mortgage, deed of trust, ground lease, underlying lease or like encumbrance affecting any part of the Building or any interest of Lessor therein ("Encumbrance") and Lessor covenants that during the Term (as the same may be extended by the Options) no part of the Leased Premises will be subject to any Encumbrance. 30. Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 31. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of. this Lease, or any portions hereof, or any amendments hereto. 32. Attomev's Fees. In the event either party places the enforcement of this Lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery of the possession of the Leased Premises in the hands of an attorney, or files suit upon the same, the nonprevailing (or defaulting) party shall pay the other party's reasonable attorney's fees and court costs, in any proceeding, whether at trial, or appeal therefrom, or on any petition for review, or in bankruptcy. 33. Punitive and Consequential Damages. Notwithstanding anything herein to the contrary, in no event shall Lessor be liable to Lessee for any punitive or consequential damages or damages for loss of business by Lessee nor shall Lessee be liable to Lessor for any punitive or consequential damages or damages for loss of business by Lessor. Signature Page to Follow Page 8 of 9 IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the City Manager to execute the same for and on behalf of said City, and by San Diego Joint Port Labor Relations Committee. LESSOR: LESSEE City of National City San Diego Joint Port Labor Relations Committee By: International Longshore & Warehouse Union Local No. 29 13y: Nick Inzunza, Mayor APPROVED AS TO FORM: By: I3y: Gcorge Eiser,11.1, City Attorney Page 9 of 9 By: Pacific Maritime Association Exhibit A (Site Plan) 7/25/2006 7 OFFICE SPACES SITE PLAN TOTAL MEA 4,247 SJ. FEET O 0 O O 0 0 0 0 0 0 0 0 0 0 0 MARTIN LUTHER KING CENTER 14 GENERAL MEMEBERSHIP SPACES marchesa r partners international r. CONS TELLATION PROPEary MANAGEMENT INC. PRELIMINARY TENDER PMA ILWU PROPOSED SPACE PLAN NATIONAL CITY. CAL*ORNIA SITE PLAN trt 06005 EXHIBIT B WORK LETTER — LESSEE IMPROVEMENTS This Work Letter is made part of that certain Lease dated as of , 2006 ("Lease") by and between City of National City ("Lessor,") and San Diego Joint Port Labor Relations Committee (comprised of the International Longshore & Warehouse Union — Local No. 29 and the Pacific Maritime Association) ("Lessee."). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Lease. 1. General Contractor. Lessor and Lessee acknowledge that the Lessee Improvements will be considered a "public project" under Section 20161 of the California Public Contract Code, and shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. The lowest responsible bidder shall be the agreed general contractor (the "Contractor") for the construction of the Lessee Improvements (as defined below). Lessor shall cause Contractor to complete construction of the initial improvements to the Leased Premises in accordance with the following terms and provisions of this Exhibit B (the "Work Letter"), promptly, in a good and workmanlike manner and in compliance with all applicable laws. It is understood that the intention of both parties is that Lessor and Lessor's Contractor is to construct' the Leased Premises and all of the Lessee Improvements on behalf of Lessee at no cost to Lessee. 2. Plans. (a) Conceptual Space Plans. Lessee's architect shall provide input in a timely manner to the draft space plans with the goal of completing an agreed conceptual.space plan (the "Conceptual Space Plan") by no later than July 15, 2006 (the "Conceptual Space Plan Deadline"). The Conceptual Space Plans shall show the proposed improvements to be constructed in the Leased Premises. Lessee and Lessor shall respond promptly to any reasonable objections by either party to the draft space plan. (b) Final Space Plans. Lessee's architect shall provide input in a timely manner to the Conceptual Space Plan with the goal of completing an agreed final space plan (the "Final Space Plan") by no later than July 30, 2006 (the "Final Space Plan Deadline") substantially all of the improvements which Lessee desires to be constructed in the Leased Premises. Lessee and Lessor shall respond promptly to any reasonable objections by either party to the draft space plan. The Space Plans, as finally approved in writing by Lessor and Lessee, shall be referred to herein as the "Final Space Plans." (c) Permit Set / Working Drawings. On or before September 28„ 2006 (the "Final Drawing Deadline"), Lessor shall furnish to Lessee for Lessee's written approval (which shall not be unreasonably withheld, delayed or conditioned) working plans and specifications (the "Working Drawings") prepared by Lessor's Architect for substantially all of the improvements, including any proposed structural work, mechanical, electrical, plumbing or HVAC requirements, and shall contain such detail and specifications as would permit the Contractor to obtain all necessary governmental permits for construction of the improvements and to secure multiple bids from qualified contractors to perform the work and shall show improvements which substantially conform to applicable building codes and legal requirements. Lessee shall respond to the Working Drawings within five (5) working days of its receipt thereof. Lessee shall not unreasonably withhold its approval to the Working Drawings and the improvements set forth thereon. Lessor shall respond promptly to any reasonable objections of Lessee to the Working Drawings and shall resubmit appropriately revised Working Drawings prepared by Lessor's Architect within ten (10) working days of Lessor's receipt of Lessee's objections. Such resubmitted Working Drawings S545653,4 shall clearly indicate which portions of the plans remain unchanged from the previously submitted plans. Lessee shall respond to revised Working Drawings within three (3) working days of receipt thereof, unless such revised Working Drawings include material revisions to structural, mechanical, electrical, or Life safety components, in which event Lessee shall respond within five (5) working days of receipt thereof. Lessee and Lessor shall reasonably collaborate and agree on commercial quality grade lighting, carpet, paint and other design and finish related details. Where there is conflict between Lessee and Lessor as to the quality of finishes to be used in constructing the Lessee Improvements the Lessee's current leased premises shall serve as a benchmark. The Working Drawings, as approved in writing by Lessee, as revised by Lessor from time to time with Lessee's written approval in accordance with the following provisions of this Work Letter, are hereinafter called the "Final Plans", and the improvements to be performed in accordance with the Final Plans are hereinafter called the "Lessee Improvements". Notwithstanding anything to the contrary contained herein, Lessor and Lessee agree that the Lessee Improvements shall include and incorporate, without limitation, each of the items specified in Schedule 1 attached hereto and incorporated herein by reference. (d) Approval. Lessee's approval of any item reviewed by Lessee under this Work Letter shall merely indicate Lessee's consent to the proposed work shown thereon, and in no event shall such consent by Lessee be deemed to constitute a representation by Lessee that the work called for therein complies with applicable building codes or other legal requirements, nor shall such consent release Lessor from Lessor's obligation to supply Working Drawings that do so substantially conform to applicable building codes and legal requirements. (e) Construction Documents. Lessor shall provide copies to Lessee of Construction Documents prepared by Lessor's Architect prior to commencing any of the works or making changes to any of the works. 3. Lessee's Representative. For the purposes of this Work Letter, Lessee's representative shall be Brian McPherson of Cole Project Management and Bryce Mason of ICBM Partners or such other representative(s) designated by Lessee from time to time ("Lessee's Representatives"). 4. Cooperation. Lessor and Lessee and their respective contractors, consultants and representatives, shall communicate and cooperate with each other to the end that the Lessee Improvements are constructed in an expeditious manner, having due regard for minimizing disturbance of other Lessees and park visitors in the area. Lessor and Lessee shall cooperate with each other to resolve any space planning or other issues that are raised by applicable local, state or federal building codes during the planning, permit or construction process. Lessor shall keep Lessee informed regarding the progress of the work, and Lessor and Lessee's Representative shall hold construction meetings with frequency reasonably satisfactory to Lessee. 5. Lessor's Work. In addition to Lessor's sole responsibility for payment of all expenses related to the construction of the Final Space Plan incorporating the Demolition Work and Lessee Improvements, Lessor shall, at Lessor's sole cost and expense, perform all work necessary to cause the restroom facilities in the Leased Premises to comply with applicable laws and codes regarding handicap access and use (using Building standard plans and finishes) to the extent such work is required in connection with the Lessee Improvements (collectively, "Lessor's Work). 2 6. Construction. (a) Construction Operations Fee. Lessor acknowledges and agrees that no construction management or administration fee shall be charged by Lessor to Lessee in connection with the demolition or construction of the Lessee Improvements. (b) Preconstruction Services. Lessor shall cause Lessor's Contractor to perform the following preconstruction services: Participate in a reasonable number of construction meetings and provide to Lessee an estimated schedule for the construction of the Lessee Improvements including providing Lessee weekly updates to any schedule changes or complications related to the construction of the Lessee Improvements. Lessor shall cause Lessor's Contractor to use reasonable care in preparing these schedules and weekly updates. (c) Schedule of Values. Upon approval of the Final Plans and selection of a Contractor and approval of the schedule, and after securing all necessary permits, Lessor shall cause Contractor to provide a detailed line item schedule of values for the Lessee Improvements ("Schedule of Values"). The Schedule of Values shall include all items included in Schedule 1 attached hereto. (d) Commencement of Construction: On -going Obligations. Upon approval of the Final Plans and selection of a contractor and approval of the schedule, and after securing all necessary permits, Lessor shall cause Contractor to promptly commence and diligently pursue to completion construction of the Lessee Improvements. Lessor's Contractor shall update the project schedule weekly, and Lessee shall be provided on a weekly basis a reasonably thorough report on its progress on the Lessee Improvements showing impact to schedule and estimated impact to the anticipated completion date. 7. Changes. If Lessee shall desire any change in or to the Final Plans (a "Change"), Lessee shall submit to Lessor for Lessor's review and written request including illustrations prepared by Lessee's Architect incorporating the requested Change. Lessor shall not unreasonably withhold or delay its approval of the revised Working Drawings, provided, however, that Lessor shall have at least three (3) business days after receipt of the revised Working Drawings to review any proposed Change. If Lessor fails to approve or disapprove a requested Change which is not a Material Change within the three (3) business day period specified above, Lessor shall be deemed to have approved such proposed Change. If Lessor approves any proposed Change, then together with such approval, if practicable, and if not practicable as soon thereafter as is practicable, Lessor' Contractor shall give Lessee Lessor's estimated delay (if any) which would result from incorporating such Change. If, following Lessee's review of the estimated delays, Lessee desires Lessor to incorporate the Change into the Lessee Improvements, then Lessor and Lessee shall execute a change order for such Change on Lessor's Contractor's standard form therefore, and the term "Final Plans" shall thereafter be deemed to refer to the Working Drawings as so revised and approved. If a Change will increase the cost of an item (an "Item Change") in the Budget by more than 10%, the cost over that percentage, plus the Contractor mark-up (not to exceed 4%) shall be borne by Lessee (the "Lessee Overcharge"). If the accumulation of Item Changes increases the total Cost of the Lessee Improvements by more that 5%, Lessee shall pay the total Lessee Overcharge. The Lessee shall pay to Lessor within fourteen (14) days of payment by Lessor to Contractor for the Lessee Overcharge. 8. Substantial Completion. "Substantial Completion" of the Lessee Improvements hc" be deemed to have occurred when (i) the Lessee Improvements have been completed pursuant to the Final Plans, subject only to the completion or correction of Punch List Items, and (ii) Lessor has obtained all approvals and permits from the appropriate governmental authorities required for the legal occupancy of the Leased Premises for Lessee's intended use. Punch List Items shall mean 3 incomplete or defective work or materials in the improvements, of a nonmaterial nature, called for in the Final Plans which do not materially impair Lessee's use of the Leased Premises for the conduct of Lessee's business therein. Upon notice from Lessor that the Lessee Improvements have been Substantially Completed, Lessor and Lessee shall tour the Leased Premises and prepare a joint list of Punch List items. Lessor shall cause Lessor's Contractor to diligently pursue the Punch List Items to completion to Lessee's reasonable satisfaction, and Lessee shall reasonably cooperate with and accommodate Lessor's Contractor in connection therewith. Within one month after upon Substantial Completion of the project, Lessor shall cause Lessor's Architect to deliver to Lessee a set of "as -built" drawings for the Lessee Improvements. 9. Cost of Improvements. The cost of the construction and installation of the Lessee Improvements shall be borne entirely by Lessor, except for any Lessee Overcharge, including but no limited to; Improvements. (a) Lessor shall pay the entire cost of Lessor's Work. (b) Lessor shall pay for all of the construction and installation of the Lessee 10. Vendor Entry During Construction Period. Notwithstanding anything to the contrary in the Lease or this Work Letter, Lessee may, prior to the Substantial Completion of the Lessee Improvements, and during and in conjunction with the construction of the Lessee Improvements, permit Lessee's vendors to enter the Leased Premises for the purpose of installing telephones, electronic communication or related equipment, security or audio/visual equipment, and furniture systems and equipment. Such early access to the Leased Premises and such installation shall be permitted only to the extent that Lessor determines that such early access and installation activities will not delay Lessor's Contractor's completion of the construction of the Lessee Improvements, provided that Lessor's Contractor shall use reasonable good faith efforts to reasonably integrate the work to be completed by Lessee's Vendors into Lessor's Contractor's scheduling and planning such that the Lessee Improvements and the work to be completed by Lessee's Vendors will be completed in an efficient manner. Lessee's Vendor will be responsible for any damage Vendor during Lessee's installation activities. 11. Addresses for Notices and Deliveries. For the purposes of this Work Letter (i) notices, submittals and deliveries to Lessor shall be made to Lessor's Representative at the addresses set forth below, (ii) notices, submittals and deliveries to Lessee shall be made to Lessee's Representative at the address set forth below, and (iii) notices, submittals and deliveries to either pay may be made via facsimile transmissions with answerback confirmation at the respective facsimile numbers set forth below. Facsimile transmissions received after 6:00 P.M. shall be deemed to have been given the following business day. (a) Lessee's Representative: Cole Project Management Brian McPherson 153 Kearny Street San Francisco, CA 94108 Fax: (415) 393-8008 (b) Lessor's Representative: City of National City David Parsons 1243 National City Boulevard National City, CA 91950 Fax: (619) 336-4286 SCHEDULE 1 (LESSEE IMPROVEMENTS DETAIL) The following are a list of items Lessee shall receive as part of the Lessee Improvements: • All "New Construction" materials to be new and of commercial grade. • New Commercial Grade floor finishes to be installed throughout space (Carpet, VCT ETC.) All sub -flooring to be prepared to meet code and industry standards prior to the installation of any new finishes. PMA to have input on selection of all colors. • All walls to be new construction or repaired to like new condition with smooth surface to receive new paint. • All walls to receive at least one (1) coat of primer and two (2) coats of commercial grade paint. PMA to have input on all paint colors. • Exterior lighting shall be sufficient to appropriately illuminate all parking areas and walkways. Lights to be operated on timers for illumination during all evening and early morning hours. • Ceiling at Great Hall to be maintained at the existing elevation at minimum (except where necessary to facilitate lighting fixtures), including the vaulted area at the front/center of the space. • All ceiling tile to be replaced with new White acoustic tile. • All existing Gypsum Board ceilings to be replaced or repaired to like new condition with smooth surface to receive paint. • All Gypsum Board ceilings to receive at lease one (1) coat of primer and twp (2) coats of commercial grade ceiling paint • All exterior doors to be replaced or repaired to like new condition with operable and appropriate Code compliant locking hardware. All exterior doors should be metal and installed in hollow metal frames. • All exterior doors to be finished with Exterior Grade fmish on all exterior exposures. All interior exposures should be finished to compliment the surrounding interior space. • All interior doors and frames to be new or in like new condition with appropriate code compliant locking hardware. • All interior doors to have locking hardware and be keyed to the same master pin configuration. LL to distribute 2 keys for each door and 2 master keys upon move in. • All interior doors and frames to be finished with appropriate commercial grade finish complimenting the surrounding areas. • All toilet room partitions, fixtures, and accessories to be new commercial grade. • Interior lighting to provide adequate distribution of light for standard office environment. • All interior light fixtures and lamps to be new or in like new and code compliant condition. • Power distribution —120 v AC power to be distributed throughout the space to meet code and provide no less than 6 Watts per Rentable Square Foot power to operate standard office equipment PMA to have input on placement of all outlets. • Telephone / Data cabling distribution — Category 5e cable to be distributed throughout the space to standard complement of four (4) drops per location to provide adequate access for installation of business computers and phones. All cable to be landed in existing Communications Room on appropriate Punch Down blocks. PMA to have input on location of all jacks. • Landlord to provide live telephone circuit at Communications room. • All interior and exterior windows shall be in operable condition and replaced where broken. 1 ■ Security: o The building and windows shall be secured in an appropriate manner to resist access by vandals as reasonably agreed by PMA. ' o "Teller window" at Dispatch Counter to be constructed of tamper proof materials and be designed in such a way as to prevent access from the Great Hall. • HVAC- Landlord to provide adequate Heating Ventilation and Air Conditioning to reasonably support Tenants Use during the Term per the Lease. • All work to be done in a professional and workman like manner by qualified contractors. 2 BID OPENING SPECIFICATION NUMBER: N/A PROJECT TITLE: LIBRARY REMODEL FOR PMA/ILWU OPENING DATE: TUESDAY, DECEMBER 5, 2006 TIME: 3:00 P.M. ESTIMATE: $230,000 PROJECT ENGINEER: STEPHEN KIRKPATRICK NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BIDUIUTY x (PAGE 18 -BOND) 1 • Stevens Construction 125 E. 17th Street National City, CA 91950 $360,000 2. Gordon — Prill 8400 N. Magnolia Avenue, Ste. F Santee, CA 92071 $365,000 3, RSM Contractors 9181 Center Street La Mesa, CA 91941 $373,403 4. Randall Construction 3656 Ruffin Road, Suite D San Diego, CA 92123 $381,000 5. Fordyce Construction 9926 Prospect #122 Santee, Ca 92071 $396,569 6. Healy Construction 1545 Tidelands Avenue National City, Ca 91950 $413,494 7. Benold Construction 537 W. Grand Avenue Escondido, CA 92025 $427,000 8. San Diego Office Interiors 4863 Shawline Street, Ste. A San Diego, Ca 92111 $472,444 9. APC Inc. 525 E. Alondra Blvd. Gardena, CA 90248 498,525 BIDlibrary City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 21 EXPLANATION The National City Police Depart (NCPD) is comprised of 87 POA employees who provide public safety, crime prevention and community policing, emergency preparedness and homeland security services. POA positions range from entry-level Police Recruit to progressively responsible Police Officer, Senior Police Officer, Sergeant and Lieutenant classifications. In addition, the Senior Police Dispatcher and Animal Control Officer are represented by POA. The previous City-POA MOU expired on June 30, 2006. POA employees did not receive a salary increase in the previous contract. Instead, they were provided with a One -Time Retention Incentive in July, 2005. The incentive was designed to avoid on -going impacts to the City's budget, encourage employees to remain with NCPD, and minimize employee related turnover costs. ITEM TITLE Resolution approving the Memorandum of Understanding (MOU) between the City and the Police Officer's Association (POA). PREPARED BY Alfredo Lopez (x43; s DEPARTMENT Human Resources HR Director The updated MOU covers the three year period of July 1, 2006 to June 30, 2009. The agreement allows the City to remain competitive in the recruitment and retention of police officers. The agreement has zero/no adjustments in CY 2006, provides for a 4.2% increase in Jan, 2007; and brings POA to the number four position in SD County in Jan, 2008, and bi-annually thereafter. In addition, the MOU provides adjustments to the annual uniform allowance, provides a pay differential to S.W.A.T. and increases employee life and disability insurance coverage, among other regional retention strategies. A Re -Opener on Benefits is scheduled for September, 2007 POA members will be eligible for Employer Paid Member Contributions (EPMC) in June, 2009. Environmental Review N / A Financial Statement Finance Director Signature A� FY 06/07 impact is 168K. Future FY impacts are largely determined by the market price. Per preliminary estimates, future impacts may cost up to 600K in any one FY when compared to the prior FY. Monies for this purpose are available in Account No. 001-2501 Undesignated Fund Balance. Account No. 001-2501 STAFF RECOMMENDATION Recommend approval of the proposed resolution. BOARD / COMMISSION RECOMMENDATION N / A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Updated City-POA MOU (July 1, 2006 to June 30, 2009) Resolution No. A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND THE CITY OF NATIONAL CITY FOR THE PERIOD OF JULY 1, 2006 THROUGH JUNE 30, 2009 WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the Police Officers' Association has resulted in an agreement for a Memorandum of Understanding for the period of July 1, 2006 through June 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Police Officers' Association and the City of National for the period of July 1, 2006 through June 30, 2009. A copy of said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY S7nums� „uuor 'ANL C'C� 7-1 \o nilVl\\\Vi\1 MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FOR FISCAL YEAR JULY 1, 2006 - JUNE 30, 2009 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 2006 THROUGH JUNE 30, 2009 The representatives of the City Manager of the City of National City, acting for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Police Officers' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on by Resolution No. For the CITY: STEVEN M. B Chief Spokes ALFREDO LOPEZ Rep ntat ve MANUEL RODRIGUEZ Representative 7 1 i CHRIS'ZAPATA City Manama I2I14fOb Date For the NCPOA: BRADLEY M. FIELDS Chief Spokesperson DENNIS J. LEACH President WILLIAM PHILLIPS Representative ROARK ntative NCPOA MOU 2006-2009 PAGE 2 TABLE OF CONTENTS ARTICLE TITLE PAGE Article 1 Implementation 1 Article 2 Recognition 2 Article 3 Vacation And Holiday Leave/Furlough Leave 3 Article 4 Leave Eligibility And Procedure 6 Article 5 Military Leave 7 Article 6 Maternity Leave/Paternity Leave 8 Article 7 Court Leave 9 Article 8 Sick Leave With Pay 10 Article 9 Special Leave With Pay 14 Article 10 The Compensation Plan 15 Article 11 Pay Differential 17 Article 12 Overtime 18 Article 13 Compensatory Time Off 21 Article 14 Educational Incentive Pay 23 Article 15 Longevity Pay 25 Article 16 Cafeteria Plan for Health, Dental & Insurance Plans 26 Article 17 Employee Life Insurance 27 Article 18 Public Employees' Retirement System 28 Article 19 Management Rights 29 Article 20 Long Term Disability Insurance 30 Article 21 Uniform Allowance 31 Article 22 Salaries 32 Article 23 Association Rights 34 Article 24 Employee Rights 36 Article 25 Work Week/Day 38 Article 26 P.O.S.T. Training 39 Article 27 Employee Grievance Procedure 40 Article 28 Continuation of Wages, Hours And Working Conditions 48 Article 29 Agreement, Modification, Waiver 49 Article 30 Obligation To Support 50 Article 31 Provisions of Law 51 Article 32 Term of Provisions 52 Article 33 Employee Assistance Program 53 Article 34 Use Of City Vehicles 54 Article 35 Definitions 55 NCPOA MOU 2006-2009 PAGE 3 ARTICLE 1 IMPLEMENTATION This MOU constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until: (A) The Association by a majority vote, formally accepts this MOU. (B) The City Council acts, by majority vote, formally to approve and adopt said MOU. (C) The City Council acts to appropriate the necessary funds required to implement the provisions of this MOU which require funding. (D) The City Council acts in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement for the period as specified in this MOU. NCPOA MOU 2006-2009 PAGE 1 ARTICLE 2 RECOGNITION The City continues to recognize the Association as the formally recognized majority employees' organization for the following full-time employees of the National City Police Department: [Al SWORN POSITIONS: Police Lieutenant Police Sergeant Senior Police Officer Police Officer Animal Control Officer [Bl NON -SWORN POSITIONS: Police Recruit Senior Police Dispatcher* * The Police Officer Association (POA) will continue to represent the position of Senior Police Dispatcher until the present incumbent vacates the position. Thereafter, the position will be represented by Municipal Employees' Association (MEA). NCPOA MOU 2006-2009 PAGE 2 ARTICLE 3 VACATION AND HOLIDAY LEAVE/FURLOUGH LEAVE Section 1 Purpose The purpose of Vacation and Holiday leave is to provide time for an employee to be away from the work environment and to enable such employee to return to work mentally refreshed. All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All accrual rates are based on biweekly pay periods. Employees covered by this Memorandum of Understanding shall earn vacation and holiday leave as follows: 0-130 pay periods 131-390 pay periods over 390 pay periods 7.39 hrs. per pay period of service 8.92 hrs. per pay period of service 10.46 hrs. per pay period of service Employees hired laterally from another public safety department, who have already completed police academy training, shall immediately accrue vacation with the City based on the number of pay periods of consecutive employment the employee had with the public safety department immediately preceding being hired by the City. For example, a lateral with 200 pay periods of consecutive employment with their current employer would, upon employment with the City, accrue 8.92 hours of vacation pay per pay period of service he/she performs for the City. It is recognized that the above accrual rates includes eight (8) hours credit for each of the following ten (10) fixed holidays and four (4) floating holidays: FixedHolidays- Floating ays New Year's Day - January 1st Lincoln's Birthday - February 12 Martin Luther Kings Day - 3rd Monday in Jan Washington Birthday - 3rd Monday in Feb Cesar Chavez Day - March 31st Columbus Day - 2nd Monday in Oct Memorial Day - Last Monday in May Veteran's Day Independence Day - July 4th Labor Day - 1st Monday in September Thanksgiving Day - 4th Thursday in Nov Day After Thanksgiving Day Christmas Eve Day - December 24th Christmas Day - December 25th It is further recognized that this provision shall not limit any additional future benefits applicable to the above mentioned holidays and that any such future benefits or compensation shall be granted. NCPOA MOU 2006-2009 PAGE 3 Article 3 - Vacation and Holiday leave/Furlough Leave page 4 Section 3 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of three (3) times the annual accrual, and accrual shall stop whenever the employee reaches the maximum. Section 4 Appointed and Religious Holiday With City Council approval, every day appointed by the President of the United States or by the Governor of California for a public fast, Thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional holiday and eight (8) hours will be credited to the employees' vacation and holiday balance. Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year, such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 5 Vacation Schedules 1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the Department, the needs and wishes of the employees and the employees' seniority. 2. An employee may take earned vacation in any increment of one (1) hour or more with the consent of the Department Head. Section 6 Terminal Vacation and Holiday Leave Pay Consistent with the provisions of this MOU and FLSA, upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number of accumulated vacation and holiday leave credited to the employee's account under the provisions of this section. All leave available upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation and holiday pay". Section 7 Terminal Vacation and Holiday Leave In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end of said period. Section 8 Holidays Occurring on Normal Work Day In the event an employee is required to work on a fixed holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate. NCPOA MOU 2006-2009 PAGE 4 Article 3 - Vacation and Honcho LeaveiFuriough Leave Pie Section 9 Vacation Sell Back All employees (except Police Recruits) using a minimum of 40 hours of vacation during the eligibility period, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated vacation time to pay in December of each year. Employees must submit a written request to the Human Resources Department to convert vacation hours to pay prior to December 1st of each year in order to be eligible. The eligibility period is defined as the start of the pay period which corresponds to the first pay day in December and the previous 25 pay periods. The City shall issue checks to employees separate from their regular paychecks for purposes of vacation sell back. Section 111 Furlough Bank Current furlough bank hours shall remain in each employee's account until used by the employee as time off from work with pay. Requests to use furlough hours shall be made and may be approved consistent with present vacation policies. Furlough bank hours have no cash value and if not used prior to separation shall be extinguished. NCPOA MOU 2006-2009 PAGE 5 ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of this MOU, employees shall be entitled to annual vacation and shall be allowed sick, injury, emergency and special leaves of absence. Administrative leave will be treated the same as time actually worked for purposes of leave requests, benefits and pay. Section 2 Requests for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and, except as provided in the case of Administrative Leave, Court Leave and Special Meetings, must meet the approval of the Department Head. 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 Department Head. 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 time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect, a resignation; provided, however, the Department Head may in his/her discretion cancel such separation if circumstances warrant such cancellation. NCPOA MOU 2006-2009 PAGE 6 ARTICLE 5 MILITARY LEAVE In addition to the leaves of absence provided in this Article, City employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "military service" as used herein shall signify service on active duty with any branch of service above mentioned, as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss or diminution of accrued vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re -appointment of re- employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employees absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re- employment within 90 days after being relieved from such military service. 5. During absence on military leave, any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his regular salary and benefits for a period not to exceed normal hours worked in 30 calendar days (or 180 hours maximum) in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. NCPOA MOU 2006-2009 PAGE 7 ARTICLE 6 MATERNITY LEAVE/PATERNITY LEAVE REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. (The City shall enforce Article 6 of this MOU and the City's policy on Family and Medical Leave in accord with applicable state and federal law). NCPOA MOU 2006-2009 PAGES ARTICLE 7 COURT LEAVE An employee who is required by court order to serve as a juror or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the Police Chief/designee. The employee shall receive full pay for the time he serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for. credit to the proper fund. Request for such leave shall be made upon leave of absence forms, and the normal work schedule of an employee on court leave may be adjusted to accommodate the needs of the department and the employee's particular circumstances. If the employee makes a court appearance during the morning session and at least part of the aftemoon session, after he/she has just completed working a graveyard shift, and if the employee is scheduled to work the next succeeding night shift, the employee shall have the option of: 1. Taking the succeeding scheduled graveyard shift off with paid compensation at straight time for the succeeding shift or, 2. Subject to the approval of the on -duty watch commander or shift supervisor; work the succeeding scheduled graveyard shift and receive time and one-half paid compensation for the actual court appearance time. NCPOA MOU 2006-2009 PAGE 9 ARTICLE 8 SICK LEAVE WITH PAY The intent of this Article is to provide a continuity of full salary to those employees who are unable, because of illness or injury, to perform the duties of their position or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment and to provide necessary time off from work for medical and dental care subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick leave Defined Sick leave is the necessary absence from duty of an employee and may be approved for. 1. Illness, injury, incapacity or exposure to a contagious disease suffered by an employee. 2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this Article. 3. Authorized medical or dental care, or bereavement. 4. Care of family member pursuant to, and as defined by, Labor Code Section 233. Section 2 Sick Leave Accumulation 1. Each full-time permanent or probationary employee covered by this Memorandum of Understanding shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period if he/she has been on paid status at least half the regularly scheduled work days in that month. 2. Unused sick leave shall be accumulative in an unlimited amount. Section 3 Limitation on Time Chargeable to Sick Leave A. No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Disability arising from any sickness or injury purposely self-inflicted. 2. Disability arising from any sickness or injury caused by willful misconduct. 3. No paid sick leave shall be granted in excess of the employee's sick leave credit or on an employees regularly scheduled day off. NCPOA MOU 2006-2009 PAGE 10 Article 8 - Sick Leave With Pay page 11 B. Absence that is chargeable to sick leave in accordance with this article shall be charged in an amount not smaller than one (1) hour for the first hour of absence and thereafter, in increments of not less than fifteen (15) minutes. Section 4 Notification A. In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisor or; 2. The Department Head or; 3. In the event of the unavailability of either, the senior department representative available. B. Notification shall be made prior to or not later than the beginning of the work day in the employee's respective department. C. The Department Head may waive the above requirements if, in his/her opinion, an emergency or other exceptional circumstances so warrants. Section 5 Physician's Statement Required A. When absence is for more than three (3) consecutive working days, the department head shall require the employee to furnish, at the employee's expense, a certificate or statement from a licensed and practicing physician, indicating the nature and duration of the employee's incapacity or, if the employee was not examined by a physician, other adequate evidence. Based upon circumstances of the particular case and review of previous sick leave usage, the department head may require evidence of incapacity in cases of shorter periods of absence. B. The employee shall not be called at home/hospital while on sick leave for the purpose of pressuring the employee to return to work while still ill or to pressure the employee to perform duties at home/hospital. This section does not limit the right of a supervisor to contact an employee in order to obtain needed information about the status of his/her health and expected date of return to work. Section 6 Separation from City Service All accumulated sick leave shall be canceled upon separation of the employee from the City service, except upon retirement. If separation is by lay-off his accumulated sick leave, up to a maximum of 240 hours shall be restored to him upon re-employment within 24 months. NCPOA MOU 2006-2009 PAGE 11 Article 8 - Sick Leave With Pay page 12 Section 7 illness during Vacation Leave An employee who becomes incapacitated for work due to the employees' illness or injury while on paid vacation shall have the option of substituting sick leave credit for vacation provided the employees' request for sick leave substitution is accompanied by doctors statement or other evidence satisfactory to the Department Head or his designee. Section 8 Sick Leave Payment aeon Retirement An employee hired on or before June 30, 1979 shall upon formal retirement from the City under the Public Employees' Retirement System be paid for each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be entitled to sick leave payoff upon retirement. Section 9 Evidence of Cause of Absence In all cases of absence due to sickness or injury of the employee; illness, injury or death in the employee's immediate family, the employee may be required to furnish the Department Head evidence substantiating the request for such leave. Failure to furnish such evidence upon request shall be sufficient reason to deny the leave of absence with pay. Section 10 Sick Leave incentive Pay 1. Employees using 40 hours of sick leave or less during the fiscal year may convert 50% of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. For purposes of this section, sick leave used in relation to a death in the immediate family as provided in Article 9, shall not be counted against the forty (40) hour eligibility limit on sick leave usage. 2. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Sick Leave at End of Fiscal Year Pay Incentive (50%) 96 hours 48 hours 88 hours 44 hours 80 hours 40 hours 72 hours 36 hours 64 hours 32 hours 56 hours or less 0 hours NCPOA MOU 2006-2009 PAGE 12 Article f - Sick leave With Pay pale 13 (EXAMPLE.' Employee has 93 hours remaining yearly sick leave; therefore, 93 hours x .5 = 46.5 hours = 47 hours of pay) 3. Paid sick leave hours shall be subtracted from the employee's yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated per subsection 2 hereof. (Example: Employee uses 40 hours of sick leave. He then receives pay for 50% of remaining 56 hours or 28 hours. The 28 hours are subtracted from his remaining yearly sick leave and the other 28 hours are added to the employee's total accumulated sick leave balance.) 4. Payment will be made during the month of August each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. 5. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on payrollJune 30. 6. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their formal separation date. 7. The City shall issue checks to employees separate from their regular paychecks for purposes of sick leave incentive pay. NCPOA MOU 2006-2009 PAGE 13 ARTICLE 9 SPECIAL LEAVE WITH PAY Section 1 intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with emergency illness, injury or death in said employee's immediate family as defined in Article 35 of this MOU with regard to family care. Consistent with provisions of this MOU, an employee who is eligible for sick leave with pay as defined in Article 8 of this MOU, shall be granted special emergency leave with pay by the Department Head to be charged against the employee's sick leave accumulation. Section 2 Special leave Defined Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty of an employee because of emergency, illness or injury of a member of the immediate family requiring the attendance of an employee upon said immediate family member as defined in Article 35 of this MOU until professional or other attendance can be obtained, or the absence from duty of an employee to discharge the customary obligations arising from a death of a member of the employee's immediate family, as defined in Article 35 of this MOU. Section 3 Limitation Special leave with pay granted pursuant to this Article shall be limited to a maximum of 60 hours annually. Special leave with pay must be approved by the Department Head or his designee consistent with the provisions of this Article. NCPOA MOU 2006-2009 PAGE 14 ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan has the following characteristics: 1. The salary range for all classifications, except Senior Police Officer, consists of five (5) steps (A through E). The salary for Senior Police Officer is a flat amount approximately five percent (5%) higher than "E" step for Police Officer. 2. The increase from one step to the next step on each salary range is as indicated in the salary schedule for Police Department employees as set out in Article 24. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Salary advancement for each employee shall be granted only upon a satisfactory evaluation ("standard" or above) and a recommendation to the City Manager by the department head. The step increase must then be approved by the City Manager or his designee. If an employee is denied his/her salary step advancement due to failure of the department head or other administrators to follow applicable Civil Service or Personnel Rules, he/she may appeal said denial through the established Grievance Procedure. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his work: 1. The first salary step (Step "A"), is the minimum rate and will normally be the hiring rate. Appointment may be made to other than normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. 2. The second salary step (Step "B"), twelve (12) months of satisfactory service at Step "A" shall make an employee eligible consistent with Section 1 for consideration for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 3. The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B" shall make an employee eligible consistent with Section 1 for this salary advancement. NCPOA MOU 2006-2009 PAGE 15 Article 16 - The Compensation Plan pale 16 Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 5. The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall make an employee eligible consistent with Section 1 for this salary advancement. All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it an annual salary increase during the first year equal to approximately five percent (5%). The provisions of this Article are based upon the salary schedule adopted by the City Council and set forth in Article 24. NCPOA MOU 2006-2009 PAGE 16 ARTICLE 11 PAY DIFFERENTIAL Section 1 Those employees classified as Police Officer and assigned duty as the "Police Liaison Officer" shall receive a pay differential of $123 per month. This pay differential may be eliminated at the Council's discretion. Section 2 Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Police Dog/Animal Handler duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. Section 3 Those employees classified as Police Officer, Senior Officer or Sergeant and assigned motorcycle duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. Section 4 Those employees who, upon recommendation of the Chief of Police and the approval of the Personnel Director, and successful completion of a Bilingual Performance Evaluation administered by the Personnel Department, who are regularly required to use their- bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the Personnel Director, shall receive a pay differential as follows: 2% of monthly base salary for Sergeants and Lieutenants and 3% of monthly base salary for Officers and Senior Officers. Section 5 Those employees classified as Police Officer shall receive a pay differential of 3% of their base salary for the second shift (or part of second shift) and for each subsequent shift in a pay period in which they are assigned a trainee. The pay differential will be determined on a pay period by pay period basis and will be prospective only. The pay differential will not apply to the first shift within a pay period in which the Police Officer is assigned a trainee. Section 6 Those employees permanently assigned to the SWAT Team shall receive a hazardous pay differential of 3% of their base salary, beginning with the first full pay period in January, 2007, and shall be paid only for the time the employee is assigned to the SWAT Team. NCPOA MOU 2006-2009 PAGE 17 ARTICLE 12 OVERTIME 1. The smallest unit of time credited as overtime as an extension of shift shall be 6 minutes. The overtime policy issued to clarify how overtime is calculated shall be used by the City to calculate overtime hours. 2. 0vertime credit must be for work specifically ordered, requested or approved by the Department Head or a designated representative. All time, (including actual hours worked, sick leave, vacation, etc.) except suspension time shall be considered in the determination and calculation of overtime. 3. Except as provided in Section 5 regarding court time, if an employee is required to return to his/her place of employment after he/she has completed a normal work day, he/she shall receive overtime pay for a minimum of four (4) hours unless such overtime is within three (3) hours of the beginning of the employee's regular work period, in which case the employee shall receive overtime pay for one (1) hour more than the overtime hours worked. Said employee shall have the option of taking compensatory time off in lieu of call back pay. 4. All overtime compensation shall be at time and a half whether it is paid or is credited as compensatory time off. (a) Overtime shall be paid for all hours over eighty (80) hours of paid time in a biweekly pay period. 5. Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Department Head or his designee to be present in criminal or juvenile court, or other judicial proceedings shall receive overtime compensation for all time actually spent and required to be at court. Employees shall be guaranteed a minimum of four (4) hours for each separate court appearance unless such overtime is within one (1) hour of the beginning of the employee's regular work period, in which case a one (1) hour minimum will be paid. Said employee shall be reimbursed for all actual mileage said employee travels round trip between the Police Station and the location to which said employee is subpoenaed. (a) Overtime shall not be granted to an employee who schedules voluntary leave and then volunteers to work overtime during the scheduled leave. (b) Overtime shall not be granted to an employee who is scheduled to appear in court during his regular shift and requests and is granted leave time. This paragraph shall not apply to an annual scheduled vacation or a person on leave who is unexpectedly ordered to appear in court. NCPOA MOU 2006-2009 PAGE 18 Article 12 - Overtime page 19 (c) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Motorcycle duty on a regular basis shall receive one-half hour of overtime pay for each full shift actually worked as compensation for travel time to and from the workplace. (d) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned police dog/animal handler duty on a regular basis shall receive one half hour of overtime pay for each full shift actually worked as compensation for travel to and from the workplace. 6. Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. 7. The parties understand that unexpected problems may arise in the administration of overtime and leave. At the request of either party to this agreement, a committee composed of representative of the National City Police Officers' Association and the City will meet and discuss overtime and leave issues with the intent to reduce unnecessary overtime and maximize the opportunity to reduce furlough and comp time balances. 8. Change of Schedule With the understanding that the needs of the department will sometimes require short notice, every effort will be made to notify employees regarding transfers or shift adjustments as far in advance of such changes as is possible. Employees (other than probationary employees) who are subject to transfer or shift adjustment shall be notified no less than 7 calendar days prior to that movement or adjustment. Probationary employees who are subject to transfer or shift adjustment shall be notified no less than forty-eight (48) hours prior to that movement or adjustment. If such notice cannot be made or is not made, and the employee chooses to not waive calendar days notification guideline, the first shift worked on the new schedule shall be compensated at time and a half. NCPOA MOU 2006-2009 PAGE 19 Article 12 - Overtime 9. Department Credit Card pale 20 The City shall make a Department credit card available to Association members for use in paying for reimbursable travel and training costs. Use of the Department credit card, including the details of the expenditure and the amount to be charged to that card, must be approved by the Chief of Police or his/her designee, prior to using the credit card. NCPOA MOU 2006-2009 PAGE 20 ARTICLE 13 COMPENSATORY TIME OFF Section 1 Consistent with Article 12 of this MOU every employee is entitled to receive time and one half pay to be included in the pay period in which earned or at the discretion of the employee of having said hours logged as n �� comp time with a maximum accumulation of one hundred thirty (130) hours. Said hours of comp time shall be converted to the equivalent of straight time hours (i.e., one hour of overtime equals one and one half- hours comp time). Section 2 When an employee's employment terminates for any reason, all comp time shall be paid to said employee at the employee's current salary as specified under the Fair Labor Standards Act. The City shall issue checks to employees and/or terminated employees separate from their regular paychecks for purposes of cashing out compensatory time off. Section 3 An employee may use his comp time to extend his regular vacation period with the approval of the Department Head. Section 4 Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. NCPOA MOU 2006-2009 PAGE 21 Arlicle 13 - Compensatory Time Off page 22 Section 5 Employees may cash comp time during employment, as follows: (a) Employees will have the opportunity to cash out a total of 120 hours of earned but unused comp time between the following dates: July 1 through March 31, of any fiscal year. (b) An employee can only cash out comp time twice a year, during the above listed time period. Employees must request a cash out of comp time in a memorandum addressed to the Chief of Police. (c) The minimum number of hours that an employee can cash out, per request, is 20 hours. The maximum, per request, is 80 hours. (d) The Operations Assistant will be tasked with tracking employees' requests to assure employees do not exceed two requests per the listed fiscal year. (e) Employees will receive payment in a separate check from their regular pay. NCPOA MOU 2006-2009 PAGE 22 ARTICLE 14 EDUCATIONAL INCENTIVE PAY Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated below. LEVEL I $30.90 per month compensation * AS orAA in related field LEVEL I1 1.5% of, base monthly salary BS or BA in related field or AA/AS with Intermediate POST Certificate EVELIII rasemonthly salary MS or MA in related field or BS/BA and Advanced POST Certificate * Level I benefits are only available to employees already receiving such benefits as of July 1, 2002. GENEIAL REQUIREMENTS 1. Completion of the initial Probationary Period with the National City Police Department. 2. Performance Report of at least "Satisfactory" on last two (2) reports. 3. Recommendation from the Chief of Police and the approval of the City Manager or designee. 4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded degrees in a field closely related to law enforcement. "Closely related to law enforcement" is defined as: A formal course of academic study in a discipline directly related to municipal law enforcement which by virtue of having completed the prescribed courses of study, an individual would reasonably be expected to have acquired skills that would make the individual a better Police Officer. Examples of a closely related field are: Police Administration, Criminal Justice Administration, Law Enforcement Administration, Public Administration and Jurisprudence. The City Manager or designee will make the final determination as to a program "relatedness" to law enforcement. The institution conferring the degree must be accredited by the Accrediting Commission of Senior Colleges, Universities, etc. 5. An Officer may qualify for Level II Educational Incentive without the formally awarded AA or AS degree if there is a unit equivalency. Unit equivalency of an AA or AS degree is defined as meeting the requirements for graduation under the current catalog for Southwestern College. It is the responsibility of the Officer to provide documentation that requirements for graduation have been met. NCPOA MOU 2006-2009 PAGE 23 Article 14 - Educational incentive Pan pale 24 Tuition Reimbursement The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to $1,500 per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction is related to the employee's employment with the City, or the course is required for a degree in a closely related field. The Chief of Police or his designee has the final authority on determining whether a course or degree is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, registration and books at a local community or state college or university. 4. The course must be passed with a grade of "C" or better. If taken on a pass/fail basis, employee must pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. The Police Chief will be given an annual budget of $30,000.00 for purposes of tuition reimbursement pursuant to this Article. Once this budget is fully expended in any one year, no further tuition reimbursement is available for that year. NCPOA MOU 2006-2009 PAGE 24 ARTICLE 15 LONGEVITY PAY In addition to other compensation paid for the service of employees pay shall be paid to all officers and employees of the City of National City on the following basis: (a) After 15 years of continuous and uninterrupted service the sum of $40.00 per month; (b) After 20 years of continuous and uninterrupted service the sum of $45.00 per month; (c) After 25 years of continuous and uninterrupted service the sum of $50.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the City Council of National City shall not be considered as interruption of service. Inthe event an employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of prior employment. Employees currently being paid Longevity Pay for service of five (5) and ten (10) years will continue to be paid at the $10/ month and $15/month respectively. NCPOA MOU 2006-2009 PAGE 25 ARTICLE 16 CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health and dental insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, the insurance carrier and the City. The Association and the City agree to select and implement health insurance programs that meet the requirements of applicable law. The City will provide, as of July 1, 2002, a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans according to the following: EMPLOYEE ONLY $295/month or 100% of cost Kaiser and Delta PMI, currently provided (lowest cost health and dental options) EMPLOYEE+ 1 80% of the cost of Kaiser and Delta PMI, currently provided EMPLOYEE + 2 OR MORE 80% of the cost of Kaiser and Delta PMI , currently provided In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. The City and Association agree to reopen negotiations in September, 2007, regarding the City's contribution levels under this section. The reopening of negotiations will not reduce City contribution levels. By agreeing to reopen negotiations, the City is not agreeing that it will increase contribution levels. Section 2 Money in Lieu An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health coverage for the employee alone, as cash in lieu. Section 3 Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City after July 1, 1999, and who have at least 20 full years of service with National City Police Department shall receive $5/month for each year of service with National City Police Department as the City's contribution towards their medical insurance premium. This contribution shall continue until reaching age 65 or the retiree obtaining primary health coverage not sponsored by the City of National City. NCPOA MOU 2006-2009 PAGE 26 ARTICLE 11 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 program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide $40,000 Basic Life Accident Insurance coverage for each employee. NCPOA MOU 2006-2009 PAGE 27 ARTICLE 18 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety or miscellaneous members of the Public Employees' Retirement System and are entitled to all benefits previously adopted amendments by the Board of Administration of PERS and the City Council. Section 2 Plan Cost The full cost of the employee's retirement program shall be paid by the City for eligible employees. Section 3 The Plan Definition The following benefits are included in the retirement plan benefits: (a) 3% @ 50 for Police Officer, Senior Police Officer, Police Sergeant and Police Lieutenant, 3% @ 60 for Senior Police Dispatcher and Animal Control Officer (b) Third level of 1959 Survivor Benefit (Section 21382.4) (c) Credit for Unused Sick Leave (Section 20862.4) (d) Single highest 12-month period as salary base (e) NCPOA MOU 2006-2009 The City will report Employer Paid Member Contributions (EPMC), effective the last pay period in June, 2009, as compensation earnable to PERS under applicable California Government Code and California Code of Regulations provisions. PAGE 28 ARTICLE 19 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, the City has and will continue to retain regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commission, boards; set standards of service determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce reasonable dress and grooming standards, determine the methods and means to relieve its employees from duty because of lack of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; approve or disapprove secondary employment held by departmental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for just cause; establish reasonable employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. In exercising these rights the City shall comply with all applicable provisions of this MOU. The exercise of said rights shall not preclude employees or their representatives from meeting and conferring as required by law with City management representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. NCPOA MOU 2006-2009 PAGE 29 ARTICLE 20 LONG TERM DISABILITY INSURANCE The City will provide up to $30.00 per month, per employee to provide a Long Term Disability Insurance Plan as selected by the POA. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution, the employee must pay the excess amount, and if the cost is less than $30/month, the City shall provide the cost of insurance only, and the employee will not receive the excess as cash -in -lieu. It is the employee's responsibility to notify the Police Department and the Personnel Office when benefits under the plan are awarded. NCPOA MOU 2006-2009 PAGE 30 ARTICLE 21 UNIFORM ALLOWANCE Section 1 Beginning in August, 2007, and in August of each successive year, the City shall provide the following amounts for employees in the following classifications covered by this MOU, to be applied towards the purchase and maintenance of prescribed uniforms as follows: August 2007 $750 August 2008 $750 as uniform allowance for Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Senior Police Officer, and Animal Control Officer. In the first pay period in January, 2007, the City shall make a one-time uniform allowance payment of $50 to the preceding classifications. Section 2 In addition to the above the City shall provide each new employee appointed to a position listed above $350 toward the initial purchase of prescribed uniforms. Section 3 The City shall provide each sworn employee a flat badge. Section 4 The City shall issue checks to employees separate from their regular paycheck for purposes of uniform allowance. NCPOA MOU 2006-2009 PAGE 31 ARTICLE 22 SALARIES Section 1 Salary Adiustments and Schedules Salary adjustments will be made according to the attached Salary Schedules. The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. Section 2 Salary Increases During the term of this MOU, employees shall receive salary increases as follows: A. For Officers, Police Sergeants and Police Lieutenants: 1. Effective with the first full pay period in January, 2007: 4.2%; 2. Effective with the first full pay period in August, 2007: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 3. Effective with the second pay period in January, 2008: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 4. Effective with the first pay period in August, 2008: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 5. Effective with the second pay period in January, 2009: Adjust to number four position among San Diego County comparable agencies, which shall be set at three quarters of the difference between the existing number three and number four positions in San Diego County; NCPOA MOU 2006-2009 PAGE 32 Article 22 - Salaries page 33 6. For purposes of this subsection: (a) Adjustments will be made upon current salaries, comparing top step to top step, in place at the time of the pay period adjustment among the San Diego County comparable agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified; (b) The determination of which agencies are in the current third and/or fourth position in San Diego County shall be made on a classification by classification basis, using the top step of each classification; and (c) San Diego comparable agencies shall be comprised of police departments of the following public agencies: Cities of (1) Oceanside; (2) Escondido; (3) Chula Vista; (4) Carlsbad; (5) San Diego; (6) National City; (7) El Cajon; (8) Coronado; and (9) San Diego County Sheriff's Department and (10) La Mesa. B. Senior Police Officers Senior Police Officers' salaries will be based on the salary determined for Police Officers under Section (A) above, plus 5%, as set forth in Article 10, Section 1, of this MOU. C. For Senior Police Dispatchers and Animal Regulation Officers: 1. Effective with the first full pay period in January, 2007: 4.2% or the increase in the Consumer Price Index for San Diego County ("CPI") for the six (6) months preceding, whichever is greater; 2. Effective with the second full pay period in January, 2008: 4% or CPI, for the preceding one (1) year, whichever is greater; 3. Effective with the second full pay period in January, 2009: 4% or CPI, for the preceding one (1) year, whichever is greater. NCPOA MOU 2006-2009 PAGE 33 ARTICLE 23 ASSOCIATION RIGHTS Section 1 The City recognizes the right of the Association to govern its internal affairs. Section 2 Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other related lawful deductions, the City shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the Association in a timely manner. The City shall continue to withhold such deductions unless the employee files a written statement with the City withdrawing authorization for the continued withholding of the deductions. Section 3 The Association shall have sole and exclusive use of specific bulletin board space, clearly marked and identified as such, of roughly four feet by eight feet in dimension, located in the hallway area of the Police Department. The Police Chief shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of Association business. Material placed on the bulletin board shall be at the discretion of the Association with the understanding that materials so posted shall only be for legitimate communications with members. Said postings shall not be offensive to good taste, defamatory or involve support or opposition to candidates for political office within the City government. The Police Chief or his designee shall have the right to remove any such materials upon prior notice to the Association representative. The Association shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. Section 4 The employee shall be allowed to designate a representative to assist said employee in: 1. Preparing and presenting grievances; 2. Preparing and processing material for Disciplinary Hearing; 3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law. NCPOA MOU 2006-2009 PAGE 34 Article 23 - Association Rights page 35 Sectisn 5 Subject to the needs of the department and the approval of the Chief of Police, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee requests said assistance and to meet with City management representatives relative to matters of Employer - Employee relations. NGPOA MOU 2006-2009 PAGE 35 ARTICLE 24 EMPLOYEE RIGHTS Each individual employee shall have the following rights which he/she may exercise in accordance with the National City Employer -Employee Relations Resolution and all applicable laws, ordinances, and rules and regulations and this MOU: 1. The right to form, join and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the City, or to refuse to join or participate in the activities of any employee organization. 2. The right to pay dues to such employees organization through regular payroll deduction. 3. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal on the part of his/her department head for his membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. 4. The right to represent himself/herself individually in his/her employee relations with the City. 5. The right to review his/her personnel file by so requesting in writing to the appropriate City official. 6. The City shall maintain only one official employee personnel file and that file shall be in the custody of the City Personnel Officer. That personnel file shall be the only official source or repository of documents pertaining to the employee's performance, past and present, leave requests, disciplinary records and commendations. The employee's personnel file will not contain information relating to the employee's background investigation, Civil Service Examination results pertaining to initial hiring or promotional examinations, legal correspondence, workers' compensation records, aside from injury claims or any ongoing or incomplete internal investigations or citizens complaints. These documents shall be maintained in separate files by the Chief of Police or the Personnel Officer. A duplicate official personnel file may be maintained by the Chief of Police for the convenience of the employee and as an administrative aide. The employee's immediate supervisor may maintain files with information that is kept for a maximum of 12 months during ongoing investigation or in preparation for an employee performance appraisal report. However, at such time as the investigation is complete or the performance appraisal has been completed, such material shall then either be placed in the employee's official personnel file or destroyed. In no event shall such material be maintained in any location other than the official file referred to above nor shall materials be placed in. the employee's official personnel file without his/her knowledge. NCPOA MOU 2006-2009 PAGE 36 Article 24 - Employee Bights page 37 7. Whenever an employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request from his/her department head permission to take time off to do so. Said request shall be granted unless the needs of the City or Department are such that the employee's services cannot be spared during the particular time requested. In such case the employee shall be permitted to re -schedule his/her appointment with City management. 8. When imposing discipline, the Department Head or his designee shall specify the period of time, from six (6) months to five (5) years that said discipline will remain in the affected employee's personnel file. At the end of said period of time, the disciplinary action shall be removed from the employee's file provided that no ensuing similar discipline has been imposed. Consistent with the above provisions, all materials of this nature more than five (5) years old shall be removed from employees' personnel files. NCPOA MOU 2006-2009 PAGE 37 ARTICLE 25 WORK WEEKDAY Section 1 All employees of the National City Police Department covered by this agreement who work four (4) ten (10) hour days per work week, including two (2) 15 minute rest periods, one-half (1/2) hour lunch break and "roll call" shall be scheduled for three (3) consecutive days off per work week. Section 2 All employees of the National City Police Department covered by this agreement who work five (5) eight (8) hour days shall have two (2) consecutive days off per week. Said shift shall include two (2) 15 minute rest periods and "roll call" and one-half (1/2) hour off duty unpaid lunch break. Section 3 If the rest periods are not utilized the time cannot be accumulated nor will additional compensation be provided. Section 4 The City agrees to provide an Alternative 4/10 Work Schedule to Police Detectives. Assignment of this Schedule will be completed by the Investigations Unit Lieutenant and approved by the Chief of Police, with the requirement that the Investigations Unit have staff available at all times during the Monday through Friday workweek. Section 5 Employees shall be allowed fifteen (15) minutes at the start of their shift to put on (donning) their safety gear and fifteen (15) minutes at the end of their shift to take off (doffing) their safety gear. Briefing will begin fifteen (15) minutes after the start of a shift and end fifteen (15) minutes before the end of a shift to allow for the donning and doffing of safety gear. NCPOA MOU 2006-2009 PAGE 38 ARTICLE 26 P.O.S.T. TRAINING All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training consistent with the needs of the Department. NCPOA MOU 2006-2009 PAGE 39 ARTICLE 27 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. NCPOA MOU 2006-2009 PAGE 40 Article 21- Employee Grievance Procedure page 41 (9 Employee or City Employee: A member of a bargaining unit either at the time of initiation of the grievance of within seven (7) calendar days prior to initiation of the grievance. (G) Employee Representative: An individual who appears on behalf of the employee. (H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. (I) Immediate Supervisor. The individual who normally assigns, reviews or directs the work of an employee. (1) 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): Awritten agreement between an employee organization and the City which is a result of the meet and confer process. (L) Personnel Officer. The Personnel Officer or his designee. (M) Second Level Supervisor. The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure (A) To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred. 2. Results from an act or omission by management which is alleged to be a violation of a specific provision of a current Memorandum of Understanding. 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). PAGE 41 NCPOA MOU 2006-2009 Article 27 - Employee Grievance Procedure page 42 (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 some other administrative or Civil Service procedure such as: 1. Applications for changes in title, job classification or salary; 2. Appeals from formal disciplinary proceedings; 3. Appeals arising out of Civil Service examinations; 4. Appeals from work performance evaluations. (C) A complaint may not be considered under this procedure if a grievance has been filed on the same matter under the Civil Service Grievance Procedure (Rule IX). Section 4 Special 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 Personnel Officer for this purpose. At each level, the form must be completed fully, signed by the grievant and hand delivered or sent by U.S. mail to the designated reviewer's office with a copy being sent to the Personnel Office, also within the specified time limits. (D) Statement of Grievance: The grievance must contain a statement of: 1. The specific situation, act or acts complained of as being unfair; 2. The specific provision(s) of the MOU which has been violated; 3. The inequity or damage suffered by the employee; 4. The relief sought; 5. The representative of the grievant (if applicable). NCPOA MOU 2006-2009 PAGE 42 Article 27 - EmeIoyee Grievance Preceeure page•43 (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 anyof the following conditions exist: 1. The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. 3. The grievant does not submit the grievance to the next higher level of review with the normal time limits or extended time limits obtained in writing by mutual agreement. ()) Rejection: A grievance may be rejected for consideration at any time during the grievance review process for any of the following reasons: 1. The grievant does not meet the definition of "employee" indicated in Section 2. 2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3. 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. NCPOA MOU 2006-2009 PAGE 43 Article 27 - Employee Grievance Procedure page 44 (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 Immediate Supervisor. The employee shall discuss the grievance with the immediate supervisor within 20 calendar days of the alleged act or omission of management causing the grievance. Within seven (7) calendar days the supervisor shall give a decision to the employee verbally. STEP II Second -Level Supervisor. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit above, the employee may within seven (7) calendar days present the grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her second level supervisor within seven (7) calendar days. The second -level supervisor shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days after receiving the grievance. STEP III Department Head: If the employee and second level supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days. STEP IV Hearin : (a) Grievance to Personnel Officer: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Personnel Officer. NCPOA MOU 2006-2009 PAGE 44 Article 21- Employee Grievance Procedure page 45 (b) Selection of Board Members: Within seven (7) calendar days of receiving the grievance at this level, the Personnel Officer shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Personnel Officer shall select another member. The two board members shall select a third member to serve as Chairperson. The board members may 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 canceled if it can be shown that he/she had direct interest in the resolution of the grievance. (c) Hearing Procedures: NCPOA MOU 2006-2009 1. The board members shall be given prior access to the grievance form, all written responses and all supportive material attached thereto. 2. The board shall provide written announcement of the location, date and time of the hearing to each side. 3. The hearing may be public or private as requested by the grievant. 4. The manager who is the subject of the grievance shall be represented by the Personnel Officer or other person designated by him/her. 5. Each side shall have the opportunity to present written and oral evidence. Witnesses shall be under oath. 6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall not apply. 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. PAGE 45 Article 27 - Employee Grievance Procedure page 46 10. Consistent with the above requirements, the board may establish such additional procedures as it deems necessary to carry out its responsibilities. (d) Board Report 1. The board shall submit a written report of its findings to the City Manager with copies to the grievant, the appropriate department head and the Personnel Officer. 2. The report shall contain only the following: (a) Recommendation on each specific remedy requested on the grievance form. (b) Findings of fact about the alleged violation(s) by management. (c) The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents. 3. The board may recommend that no remedy be granted, that the remedy sought be granted or that an altemate 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: NCPOA MOU 2006-2009 PAGE 46 Article 27 - Employee Grievance Procedure page 47 1. The Board substantially deviated from the hearing procedures. 2. The recommendation is in excess of the remedy sought on the initial grievance submittal. 3. The recommendation is inconsistent with the MOU. 4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the Board. The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law. Section 6 Interpretation and Application The Personnel Officer is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Personnel Officer's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance. NCPOA MOU 2006-2009 PAGE 47 ARTICLE 28 CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS The provisions of this Memorandum of Understanding shall not be revised to adversely affect the employees covered by this Memorandum of Understanding during the term of this Memorandum of Understanding. Any written policies and procedures or past practices regarding wages hours and working conditions subject to meeting and conferring which are currently in existence and not changed by this MOU, shall not be revised to adversely affect the employees covered by this MOU during the term of the MOU without prior meeting and conferring in good faith with the Association. NCPOA MOU 2006-2009 PAGE 48 ARTICLE 29 AGREEMENT, MODIFICATION, WAIVER (A) No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any mariner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved by the City Council. (B) The waiver of any breach, term or condition of this memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. NCPOA MOU 2006-2009 PAGE 49 ARTICLE 30 OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum and during the period of time said Memorandum is pending before the City Council for action, neither the employee organization nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this Memorandum. It is further understood that this article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this Memorandum in its entirety. NCPOA MOU 2006-2009 PAGE 50 ARTICLE 31 PROVISIONS OF LAW This MOU is subject to all future and current applicable federal, or state and local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected, and the Employees' Association and/or the City shall have the right to meet and confer within 30 days concerning said section. This MOU shall supersede all City rules or ordinances which are in conflict with this MOU. NCPOA MOU2006-2009 PAGE51 ARTICLE 32 TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective July 1, 2006 through June 30, 2009, superseding all conflicting provisions of the previous MOU and past practices. NCPOA MOU 2006-2009 PAGE 52 ARTICLE 33 EMPLOYEE ASSISTAiICE PROGRAM The City shall provide an Employee Assistance Program available to all employees in the bargaining unit. A program description shall be developed by the City with the input of the Association and a request for proposals will be circulated. Final selection of the contractor to provide this service shall be made by the City with the input of the Association. Consistent with contract processing requirements of the City, the City shall make every good faith effort to ensure implementation of this program within 90 days of the circulation of the Request for Proposals. NCPOA MOU 2006-2009 PAGE 53 ARTICLE 34 USE OF CITY VEHICLES Section 1 Under normal circumstances, employees: other than probationary employees, with the following assignments shall be allowed to drive an assigned City vehicle between their residence and their work station: (A) Motorcycle Officers (B) Officers assigned to the canine program (C) The Detective Lieutenant (D) The Detective Sergeant assigned to Crimes Against Person (E) The Detective whose primary assignment is to Homicide Investigation (19 Crimes of Violence Investigator (G) Crimes of Property Investigator (H) Other employees on a temporary basis when it is determined by the Chief to best meet the interests of the department Section 2 The City will provide marked take home cars to sworn employees who live in National City, except for those POA members who can take home cars under Section 1 above. Should the number of eligible employees exceed the number of marked patrol vehicles available for this purpose, the distribution of vehicles would be based upon employee seniority. The City maintains the right to rescind this program at any time. Section 3 Except as specifically provided in this Article, no employees represented by the POA will be allowed to take home cars. NCPOA MOU 2006-2009 PAGE 54 ARTICLE 35 DEFINITIONS Unless the particular provision or the context otherwise requires the definitions and provisions contained in this article shall govern the construction, meaning and applications of words and phrases used in this Memorandum of Understanding. ADVANCEMENT - Shall mean a salary increase within range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve (12) calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPOINTING AUTHORITY - Shall mean the City Council, the City Manager and any other person or body to whom the power to appoint personnel to positions in the Classified Services may be delegated. ASSOCIATION - Shall mean the National City Police Officers' Association. CALENDAR YEAR -Shall mean a twelve (12) month period beginning January 1 and ending December 31. CLASS - Shall mean a position or group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required, and the same salary range may be made to apply with equity. CLASSIFIED SERVICE - Shall mean all positions in the competitive service of the City of National City which are subject to the provisions of the Civil Service Ordinance No. 1076 creating the Civil Services System and the Rules of the Civil Service Commission. COMPENSATION - Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. 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. NCPOA MOU 2006-2009 PAGE 55 Article 35 - Definitions palile 56 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 position in one class to a position in another class having lower maximum salary rate; movement to a lower step within the same class; or for employees covered by the State Government Code Section 3300-311 (Police Officers' Bill of Rights), Toss of special assignment pay. DEPARTMENT -Shall mean the Police Department. DEPARTMENT HEAD - Shall mean the Chief of Police or his designee EMPLOYEE - Shall mean a person who is legally an incumbent of position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. FISCAL YEAR - Shall mean a twelve (12) month period beginning July 1 and ending June 30. IMMEDIATE FAMILY - For the purpose of family care under Article 9 of this MOU, shall mean any person living in the same household as the employee who is related by blood, marriage or adoption and shall include children of the employee, children of the employee's spouse, if living in the employee's household, the employee's spouse, if living in the employee's household, as well as the employee's grandparents (grandparents and children of employee whether or not residing in the employee's household). For purposes of memorial observance, under Article 9 of this MOU, immediate family shall include the individuals listed above for family care and also include the following whether or not living in the same household as the employee: parents or siblings of the employee, and the parents and children of the employee's spouse. 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. PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. NCPOA MOU 2006-2009 PAGE 56 Article 35 Definitions page 57 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. PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION - Shall mean any specific office or classification, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time basis or part-time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee is required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. NCPOA MOU 2006-2009 PAGE 57 Article 35 - Definitions page 58 SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a biweekly rate or an hourly rate, as shown in the Compensation Plan of the City. SALARY STEP - Shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. SENIORITY - Shall mean the number of months of continuous service in the Police Department in a permanent position. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non- permanent nature on a provisional basis. NCPOA MOU 2006-2009 PAGE 58 City of National City, California COUNCIL AGENDA STATEMENT 22 MEETING DATE December 19, 2006 AGENDA ITEM NO. ITEM TITLE Resolution approving the Memorandum of Understanding (MOU) between the City ail; and the Firefighters' Asso n ( FA). PREPARED BY Alfredo Lopez (x4300 ;: DEPARTMENT Human Resources HR Director , EXPLANATION The National City Fire Department (NCFD) is comprised of 41 FFA employees who provide public safety, fire prevention and suppression, emergency preparedness and homeland security services. FFA positions range from entry-level Firefighter to progressively responsible Engineer, Captain, Deputy Fire Marshall and Battalion Chief classifications. The previous City-FFA MOU expired on Dec. 31, 2005. FFA employees did not receive a salary increase in the previous contract. Instead, they were provided with a One -Time Retention Incentive in Dec. 2004. The incentive was designed to avoid on -going impacts to the City's budget, encourage employees to remain with NCFD, and minimize employee related turnover costs. The updated MOU covers the five-year period of Jan. 1, 2006 to Dec. 31, 2010. The agreement intends to bring regional parity to NCFFA employees in an incremental manner. The agreement has zero/no adjustments in all of CY '06, provides for a SD County CPI Cost of Living Adjustment in Jan, 2007; and brings FFA to the SD County Market Average in Jan, 2008, and bi-annually thereafter. In addition, the MOU provides adjustments to the annual uniform allowance, lifts restrictions on the consecutive hours worked while continuing to put safety first, \ and adjusts differentials to select 40-hr work assignments. Environmental Review N / A Financial Statement Finance Director Signature dim FY 06/07 impact is 50K. Future FY impacts are largely determined by the SD County market average. Per preliminary estimates, future impacts may cost up to 300K in any one FY when compared to the prior FY. Monies for this purpose are available in Account No. 001-2501 Undesignated Fund Balance. Account No. 001-2501 STAFF RECOMMENDATION Recommend approval of the proposed resolution. BOARD / COMMISSION RECOMMENDATION N / A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Updated City-FFA MOU (Jan 1, 2006 to Dec 31, 2010) A-200 (9180) Resolution No. RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE FIREFIGHTERS' ASSOCIATION AND THE CITY OF NATIONAL CITY FOR THE PERIOD OF JANUARY 1, 2006 THROUGH DECEMBER 31, 2010 WHEREAS, the City has met and conferred with representatives of the National City Firefighters' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the Firefighters' Association has resulted in an agreement for a Memorandum of Understanding for the period of January 1, 2006 through December 31, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Firefighters' Association and the City of National for the period of January 1, 2006 through December 31, 2010. A copy of said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. 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, 2006 - December 31, 2010 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 YEARS 2006-2010 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 ALPREDO LbPEZ City Representa KCI-(-) @JAI\ DON CONDON City Representative W)LTER AMEDEE City Representative Date I 1 For the NCFFA, IAFF Local 2744: ROBERTO MEDINA Presiden LARRYECK FFA R resentativ JE,MY DAY F�F presentative WILLIAM E. REED FFA Representative SEROIO MORA FFA Representative TABLE OF CONTENTS ARTICLE TITLE PAGE Article 1 Recognition/Implementation 1 Article 2 Work Week 2 Article 3 Uniform Allowance 3 Article 4 Out -Of -Class Pay 4 Article 5 Holidays 5 Article 6 Leave Eligibility And Procedure 7 Article 7 Annual Vacation Leave 8 Article 8 Military Leave 10 Article 9 Family Care Leave 11 Article 10 Court Leave 12 Article 11 Sick Leave With Pay 13 Article 12 Compensation Plan 19 Article 13 "Y" Rate 21 Article 14 Forty Hour Assignment Pay 22 Article 15 Revision of the Compensation Plan 23 Article 16 Overtime 24 Article 17 Longevity Pay 25 Article 18 Employee & Dependent Health & Dental Insurance 26 Article 19 Employee Life Insurance 27 Article 20 Long Term Disability Insurance Program 28 Article 21 Public Employees' Retirement System 29 Article 22 Salaries 30 Article 23 Call Back And Standby/On-Call 31 Article 24 Shift Exchanges 32 Article 25 Training 33 Article 26 Company -Level Staffing 34 Article 27 Management Rights 36 Article 28 Terms of Provisions 37 Article 29 Definitions 38 Article 30 Employee Grievance Procedure 41 Article 31 Paramedic Assessment Company 48 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: -� Firefighter Fire Engineer 4 Fire Captain 4 Battalion Chief (other than those employees already holding title of Battalion Chief on December 31, 2004) -3 Deputy Fire Marshal 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, to formally approve and adopt said Memorandum. b) The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum that 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. NCFFA MOU 2006 1 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 workweek 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 workweek 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. (D) 4/10 Assignment- Employees on a forty (40).hour assignment are eligible to participate in the "Alterative4/10 work schedule", subject to approval of the Fire Chief. (E) Assignment Allotment - For the term of the alternative 9/80 and 4/10 work schedule, suppression personnel temporarily assigned to a forty hour workweek shall be entitled up to an additional 14 hours of vacation during the calendar year for temporary assignment. The additional hours will be pro -rated (Le., not eligible for hours on holidays already passed), and may be rescinded if unused upon return to a 56 hr schedule. (F) Permanent Employees — shall be entitled up to 26 hours of allotment time during the calendar year to offset holiday time off requirements. This time will be pro -rated based on assignment, 9/80 or 4/10 workweeks. 2 NCFFA MOU 2006 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 $500 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. 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 Upon successful completion of probation the City will provide each 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. Upon successful completion of probation, the permanent employee will be eligible for reimbursement, up to the City's cost for "Class A" uniforms. The July 2006 allowance of $500 will be paid in installments of $200 in July of 2006 and $300 in January of 2007. NCFFA MOU 2006 3 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 5% acting pay over current Battalion Chiefs 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. g. These requirements are not intended to limit the Fire Chief from appointing any employee to an acng cpcitor position when ances are such rreadily available after reasonable attempts thave been made toause t t rateed d or certified or certified personnel. not 4 NCFFA MOU 2006 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. 2nd Sunday in April 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Christmas Day Personnel permanently assigned to a 40 hour/week shall be entitled to the same fixed holidays with pay as Fire Management personnel. 1. New Year's Day —January 1st 2. Memorial Day — Last Monday in May 3. Independence Day — July 4th 4. Labor Day — 161 Monday in September 5. Thanksgiving Day — 4th 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 — 3rd Monday in January 2. Lincoln's Birthday — February 12th 3. Washington's Birthday — 3rd Monday in February 4. Columbus Day —2nd Monday in October 5. Veterans' Day — November 11 th 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. !fa 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. NCFFA MOU 2006 5 Article 5 - Holidays 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 workdays: 1. New Year's Day (January lst) 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. Section 6 Forty (40) hour employees on a 40 hour schedule shall accrue vacation as per article 7 of the MOU. Employees working a 9/80 schedule ere entitled to 1 additional hour of vacation to be utilized and reported on each holiday taken. Employees working a 4/10 schedule are entitled to 2 additional hours of vacation to be utilized and reported on each holiday taken. NCFFA MOU 2006 6 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. NCFFA MOU 2006 7 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 Hr Assign. TEMPORARY 40 Hr. Assign. PERMANENT 0 - 130 pay cycles 5.54 hrs. p/pay cycle 3.96 hrs. p/pay cycle 3.08 hrs. p/pay cycle 131 - 390 pay cycles 7.39 hrs. p/ pay cycle 5.28 hrs. p/pay cycle 4.62 hrs. p/pay cycle 390+ pay cycles 9.24 hrs. p/ pay cycle 6.6 hrs. p/pay cycle 6.15 hrs. p/pay cycle Section 3 40-hour assignment 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.) 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. 8 NCFFA MOU 2006 Section 5 Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of 2.5 time's annual accrual. Vacation accrual will discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: Section 5- (contd)Maximum Vacation Accumulation 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) plus year's service. 428 hours for permanent 40-hour safety employees with fifteen (15) plus year's 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, and effective March 12, 1985. Copy attached. (Reference Article 26, Section 4) Firefighters shall not be required to supply vacation relief. 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 sellback accrued vacation may be submitted for approval by the Fire Chief. NCFFA MOU 2006 9 ARTICLE 8 MILITARY LEAVE In addition to of the armed absence and California. the leaves of absence provided in this Article, City officers or employees who are also members services or militia or organized reserves of this State or National shall be entitled to the leaves of the employment rights and privileges provided by the Military and Veterans' Code of the State of 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. 10 NCFFA MOU 2006 ARTICLE 9 FAMILY CARE LEAVE Refer to Citywide Council Policy on Family Leave Policy. NCFFA MOU 2006 11 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 of 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. 12 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 hours of sick leave per pay cycle. 2. Accumulated Sick Leave: Each permanent or probationary 56-hour employee covered by this Memorandum shall, on June 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. NCFFA MOU 2006 13 Article 11 - Sick Leave with Pay Example: Employee has 1020 hours of sick leave accrual on June 30, 1980. On July 1, 1980 it is distributed as follows: Accumulated Sick Leave Credit 720 hours (Maximum Accumulation) . Frozen Sick Leave Balance 300 hours 4. Upon reaching the maximum accumulated sick leave (720 hours), accrual will d'scontinue 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 (1) (2) Section 4 (1) Sick Leave Usage Employees must first utilize the regular sick leave balance prior to utilizing frozen sick leave accumulation. 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 (61st) consecutive, day of illness, utilize provisions of Article 20 herein, Long Term Disability Insurance. Limitation on Time Chargeable to Sick Leave 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 that incapacitates the employee for work. (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. 14 NCFFA MOu 2006 Article 11 - Sick Leave with Pay 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. (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. NCFFA M01.1 2006 15 Article 11 - Sick Leave with Pay 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. For employees hired on or before June 30, 1980, sick leave payoff upon retirement shall be computed as follows: Frozen sick leave balance upon date of retirement, and 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. NCFFA MOU 2006 16 Article 11 - Sick Leave 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 56 HOUR WORK WEEK 144 Hours 132 Hours 120 Hours 108 Hours 96 Hours Less than 96 Hours Hours that may beconverted at annual base salary 56 HOUR WORK WEEK 72 Hours 66 Hours 60 Hours 54 Hours 48 Hours No Payoff 17 NCFFA MOU 2006 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 Tess, 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 AnnualSick 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 1and who usedno 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 payday following the end of the 3rd pay cycle, but no later than the payday 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 2006 18 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 that 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. 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. (C) 19 NCFFA MOU 2006 -20- NCFFA MOU 2005 Article 12 - Compensation Plan Page 21 (D) The fourth salary step - When 13 full pay cycles are completed at the 3`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. (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, are in full payment for service rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it a salary increase and the procedure covering the normal minimum hiring rate shall not necessarily apply. The provisions of this Article are based upon the schedules adopted by the City Council. 20 NCFFA MOU 2006 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". NCFFA MOU 2006 21 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 ten (10%) percent pay differential for the duration of said assignment. The assignment pay is intended for Fire Department mission -related objectives and assignments; not to compensate Tight duty personnel for the loss of overtime pay. 22 NCFFA MOU 2006 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. NCFFA MOU 2006 23 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 that 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. 26 NCFFA MOU 2006 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 the cost of providing Employee Life Insurance exceeds the established City contribution, employee must pay the excess amount. NCFFA MOU 2006 27 ARTICLE 20 LONG TERM DISABILITY INSURANCE PROGRAM It is the intent of this article to provide an income protection plan to firefighter employees who are unable to work because of non -work related injury, illness or disability. (A) The Firefighters' Association, at its option, may change insurance carriers and/or plan benefits for its 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. 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 employees 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. (B) NCFFA MOU 2006 28 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. This actuary study is to be provided by 1/31/07 29 NCFFA MOU 2006 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. The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemptions 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. (3) (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. Time off shall be requested and must be approved at least (7) days prior to the requested date of absence. (5) An employee may use compensating time in advance of accruing it with the Fire Chiefs 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. (7) The maximum consecutive hours worked by any employee shall be based on the follow criteria: a) Strike team — as needed b) For unplanned absences such as sick leave, 4850 and unexpected vacancies, time worked shall not exceed 72 hours consecutive except with prior approval of the Chief of the department c) For known or planned absences such as shift exchanges or vacation relief, time worked shall not exceed more than 72 hours except with prior approval of the Chief of the department. d) The City and FFA are in agreement that a forced hire shall be allowed to complete the 72 hour -shift with allowable rest periods rather than commute both to and from work and home during the 12 hour off period. Time worked Mon. Tues. Wed. 24 hr 12/12hr 24 hr Authorization shall be received prior to working a 72 hour consecutive period by the Chief of The Department or by his/her designee. The City and the FFA recognize that safety is of the Utmost importance and mutually agree to put safety first, but also understand that staffing Shortages may require forced holdovers in certain circumstances. 24 NCFFA MOU 2006 ARTICLE 17 LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay for continuous and uninterrupted service shall be applied as follows: continued at same level for those employees receiving longevity pay as of 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) (b) After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; After ten (10) years of continuous and uninterrupted service the sum payment of $15.00 per month (c) After fifteen (15) years of continuous and uninterrupted service the sum payment of $20.00 per month; (d) After twenty (20) years of continuous and uninterrupted service the sum payment of $25.00 per month; (e) After twenty-five (25) years of continuous and uninterrupted service the sum payment $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. ARTICLE 18 25 NCFFA MOU 2006 ARTICLE 22 SALARIES Philosophy Salaries Special Incentive Pay 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 Employees of the FFA, will receive a percentage salary adjustment for cost of living equal to the annual San Diego County All Consumers CPI * index benchmark of Jan 2007. This increase will be provided beginning the first full pay period in February 2007 but effective beginning the first full pay period in January of 2007. Employees of the FFA, will receive a percentage market adjustment equal to the base hourly salary average of each perspective rank based on the compensation studies of the (18) City Fire Departments in the County of San Diego. tive as Market adjustments shall rcentage Market Adjustment follows: stmnt effectivePefirst full pay period in January, 2008 August, 2008 January, 2009 August, 2009 January, 2010 August, 2010 • Adjustment will be made based in the current salaries in place in the San Diego Comparables. • Subsequent retro-active adjustments are not considered nor are increases not yet ratified Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an 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 2006 30 ARTICLE 23 CALL BACK AND STANDBY/ON-CALL 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. NCFFA MOU 2006 31 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 Chiefs 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) Refer to article 16 Overtime for consecutive hours worked criteria. (4) Working in excess of twenty-four (24) hours will not be cause for denial. NCFFA.MOU 2006 32 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 EMT/FS requirement is maintained, all training and re -certification will be provided on City time (during regularly scheduled work hours). In the event that EMT/FS 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 that 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 ondeterminingdepartment t whether accoru a course nto is jobesrelated. Request must be submitted in writing on appropriate P n 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. 33 NCFFA MOU 2006 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 govemed 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 Refer to Overtime article 16 for consecutive hours worked criteria. 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. 34 NCFFA MOU 2006 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. NCFFA MOIL 2006 35 ARTICLE 27 MANAGEMENT RIGHTS Except —and only to the extent --that specific provision of this Agreement expressly provides 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. NCFFA MOU 2006 36 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, 2010. This MOU is subject to all future and current applicable Federal or State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. 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 that 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. 37 NCFFA MOU 2006 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 on 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, i•mmediate family shall include the husband, wife, mother and father of 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. NCFFA MOU 2006 38 Article 29 - Definitions 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 eligible; 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. 39 NCFFA MOU 2006 Article 29 - Definitions SALARY RATE - Shall mean a specific dollar amount, expressed as 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 workweek 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 2006 40 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 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. NCFFA MOU 2006 41 Article 30 - Employee Grievance Procedure (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. Immediate Supervisor: The individual who normally assigns reviews or directs the work of an employee. 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. Result 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). A grievance is not reviewable under this procedure if either it is a matter which would require the modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not reviewable under this procedure if it is reviewable under some other administrative or Civil Service procedure such as: (B) 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). 42 NCFFA MOU 2006 Article 30 - Employee Grievance Procedure 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. 43 NCFFA MOU 2006 Article 30 - Employee Grievance Procedure (J) Resection: 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 An employee submitting a grievance shall follow the following procedure: 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 III 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 2006 44 Article 30 - Employee Grievance Procedure (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 admissibility of evidence. Legal rules of evidence shall not apply. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side. 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: 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 NCFFA MOU 2006 45 Article 30 - Employee Grievance Procedure 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. 46 NCFFA MOU 2006 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 MOU 2006 47 Article 31 - Paramedic Assessment Company Section 1: Definition A Paramedic Assessment Company consists of a fire apparatus with advanced life support capability (ALS) staffed by a Fire Captain, Fire Engineer and Firefighters. Paramedics (EMT-P) on the assessment company shall carry out duties as defined by the appropriate San Diego County and State of California Emergency Medical Services (EMS) agencies. Section 2: Funding Costs of the Paramedic Assessment Company program are paid from reimbursements for services provided by the Fire Department to the City's Ambulance Transportation Services Program. Costs are to include licensing, continuing education, supplies, compensation and any other costs directly attributed to the program. On an annual basis, the City Manager's Office shall assign staff to conduct a study to evaluate the fiscal sustainability of this program. If reimbursements become insufficient to meet the cost of implementing and maintaining this program, the City shall have sole discretion to suspend the program until funding becomes sufficient. Section 3: Components of the Program Eligibility- Employees will be eligible for the Paramedic program only upon successful completion of their probationary period with the City of National City. Lateral or new hires with current Paramedic certification will be eligible for Paramedic duty after (6) months of work with the City of National City. RE: Promotions- EMT-P licensing shall not be considered grounds to disqualify not restrict employees from pursuing promotional opportunities within the Department. Required length of service: Employees entering the program agree to maintain their EMT-P status for a (4) four year period. After this (4) four year period, an EMT-P may end participation in the program only if qualified EMT-P replacement is available and by submitting a written resignation from the program (90) ninety days prior. In the case of simultaneous resignation requests, resignation will be based on seniority. Upon resignation, EMT-P compensation and reimbursements shall end. Reimbursement to the City: Employees who gain EMT-P certification as a function of their employment with the City have an obligation to provide EMT-P services to the City for a period of (4) four years from the time they receive EMT-P certification. Employees, who voluntarily resign from City employment before (4) four years, will be obligated to reimburse the City for all costs associated with EMT-P training. Extenuating circumstances that require an individual to leave the program or leave City employment prior to completing his or her (4) four year commitment may be considered on a case -by -case basis before assessing the reimbursement costs. 48 NCFFA MOU 2006 Article 31 - Paramedic Assessment Company Section 4: Paramedic Specialty Compensation & EMT Compensation- Paramedic Assessment Company Upon licensing and for as long as they remain in the Paramedic program, employees holding the EMT-P license shall receive an additional 15% pay bi-weekly, calculated at their current wage step. EMT-P employees shall be compensated at the rate of (1 %) one and a half times for continuing education outside of regular work hours. This compensation will not exceed the minimum (48) forty hours of continuing education required by the State every two years to maintain EMT-P status. EMT Compensation- Paramedic Assessment Company: EMT employees who are not EMT-P's assigned to a paramedic assessment company, shall receive an additional 1 '/2 % pay bi-weekly, calculated at their current wage step. Section 5: Implementation Current Fire Department employees holding a current Paramedic certification will be eligible to receive Paramedic Specialty Compensation upon approval of NCFD Paramedic program by the County of San Diego, EMS Division. NCFFA MOU 2006 49 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE DECEMBER 19, 2006 AGENDA ITEM NO. 23 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2006 —2007 MID -YEAR BUDGET CHANGES PREPARED BY Lin Wurbs, V 1' �r DEPARTMENT Assistant City Manager EXPLANATION City Manager 336-4244 In June the City Council adopted a budget for FY 2006-2007 which was modeled on the FY 2005-2006 budget with minor modifications for personnel changes. It was understood at the time that further adjustments for maintenance and operations expenditures, capital expenditures and other special fund requirements would be made at mid -year review. Department Managers submitted their requests for budget changes which were reviewed by the Assistant City Manager and the Finance Director. Recommendations were brought forward to the City Manager and the Finance Director. Recommendations were brought forward to the City Manager. After further deliberations, the changes were summarized in the attached schedules for Council review and approval. 1 Environmental Re- N/A '^'IaU"''' efen A Financial Statement Any mid -year changes approved by the City Council will adopt the FY 2006-2007 Mid -Year Budget accordingly. Account No. /b I All- RECUMMENDAI ION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2006-2007 MID -YEAR BUDGET CHANGES WHEREAS, in June 2006, the City Council adopted a budget for FY 2006-2007 that was modeled on the FY 2005-2006 budget with minor modifications for personnel changes. It was understood at the time that further adjustments for maintenance and operations expenditures, capital expenditures and other special fund requirements would be made at mid- year review; and WHEREAS, department managers submitted requests for mid -year budget changes, which were reviewed by the Assistant City Manager and the Finance Director, and forwarded with their recommendations to the City Manager; and WHEREAS, the City Manager has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the FY 2006-2007 mid -year budget changes, as shown on the attached Exhibit "A". PASSED and ADOPTED this 19th day of December, 2006. ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Exhibit - A 12/14/2006 MID -YEAR BUDGET CHANGES FY 2006 - 2007 Account Amount Descri s tion 001-General Fund 001-00000-3010 001-14135-3569 Other Funds 103-00000-3999 627-00000-3999 632-00000-3999 633-00000-3999 644-00000-3999 TOTAL 001-General Fund Police 001-411-000-101-0000 001-411-000-299-0000 001-411-136-226-0000 001-411-137-229-0000 001-411-137-301-0000 001-411-137-318-0000 Fire 001-412-125-101-0000 001-412-125-318-0000 001-412-125-355-0000 001-412-125-299-0000 001-412-125-299-0000 001-412-125-599-0000 001-412-125-599-0000 Bldg & Safety 001-413-000-101-0000 (1,000,000.00) 70,000.00 (930,000.00) 500,000.00 200,000.00 100,000.00 100,000.00 400,000.00 1,300,000.00 370,000.00 173,000.00 60,000.00 15,000.00 53,500.00 950.00 1,000.00 303,450.00 50,000.00 30,000.00 6,000.00 5,200.00 400.00 15,000.00 32,400.00 139,000.00 70,000.00 70,000.00 Decrease Sales Tax estimate Revenue from new Housing Inspection program To replenish transfers made to the GF in FY2005-2006: General Capital Outlay Liability Claims Fund General Accounting Services Unemployment Insurance Fund Equipment Replacement Fund POA pay increase per MOU Lead clean-up of the firing range Adjust training budget per MOU (s/b $30k) Budget for the Parking Enforcement activity which was not included in the rollover budget FFA pay increase per MOU Turnout clothing - previously funded by CDBG Fire hose - previously funded by CDBG Increased cost of services & maintenance agreement Additional matching funds for the Wellness Program Cover for the parking structure at PW Matching funds for the self-contained breathing apparatus Salaries & benefits for 2 Housing Inspectors for the Housing Inpection Pilot Program - Jan-June'06 C:1Documents and Settings\LWatts\Local Settings\Temporary Internet Files\OLK1\Mid-Year Budget Changes - final 1 of 3 Exhibit - A 12/14/2006 MID -YEAR BUDGET CHANGES FY 2006 - 2007 Account Amount Description Community Services 001-441-415-213-0000 001-441-415-258-0000 001-441-415-301-0000 Non -Departmental 001-409-000-099-0000 Total General Fund 105-Parks Maintenance Fund 105-442-000-274-0000 105-442-000-321-0000 105-422-000-331-0000 105-442-000-337-0000 105-442-000-348-0000 105-442-000-399-0000 Total Parks Maintenance Fund 125 - Sewer Fund 125-422-222-272-0000 Total Sewer Fund 627 - Liability Claims Fund 627-414-000-432-0000 Total Liability Claims Fund 40,000.00 3,000.00 7,000.00 50,000.00 1,300,000.00 1,300,000.00 1,862,450.00 300.00 1,600.00 3,000.00 1,500.00 2,500.00 4,462.00 13,362.00 Community & Police Relations Committee budget was not included in the rollover budget To replenish some of the one-time transfers made by other funds to the General Fund in FY 2005-2006 Previously funded by CDC: Landfill fees Planting materials Horticultural items Small Tools Water pipe valves Materials & supplies 546,142.00 Increase costs of transportation fees 546,142.00 100,000.00 Increase liability claim costs 100,000.00 628 - General Services Fund (Purchasing) 628-408-000-307-0000 628-408-000-268-0000 628-408-000-101-0000 Total General Services Fund 2,000.00 35,000.00 45,277.00 82,277.00 Additional funds for copy paper Additional funds for copy machine program Full-time Buyer position C:\Documents and Settings\LWatts\Local Settings\Temporary Internet Files\OLK1\Mid-Year Budget Changes2 of 3 final Exhibit - A 12/14/2006 MID -YEAR BUDGET CHANGES FY 2006 - 2007 Account 644 - Equipment Replacement Fund 644-422-223-511-0000 Total Equipment Replacement Fund 555,000.00 TOTAL 3,159,231.00 Amount Description 555,000.00 Purchase of vehicle replacements & retrofit of all diesel vehicles to meet new State standards for particulate emissions C:\Documents and Settings\LWatts\Local Settings\T.mnporary Internet Files\OLK1\Mid-Year Budget Changes - final 3of3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 24 ITEM TITLE ADJUSTMENTS IN COMPENSATION FOR MAYOR AND CITY COUNCIL; LIMITATIONS ON COMPENSATION FOR CDC CHAIRMAN AND BOARD MEMBERS PREPARED BY George H. Eiser, 111 pt DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review v N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Direction to staff is requested concerning adjustments in compensation. An ordinance reflecting those adjustments, if any, will be placed on a subsequent agenda. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Ordinance 2003-2215, establishing current compensation Resolution No. A-200 (9/99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, ID • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: December 7, 2006 FROM: City Attorney SUBJECT: Adjustments in Compensation for Mayor and City Council; Limitations Upon Compensation for CDC Chairman and Board Members Mayor and City Council Compensation The last salary adjustment for the Mayor and City Council occurred on January 7, 2003, with the enactment of Ordinance No. 2003-2215, a copy of which is attached. That ordinance set the base salary of the City Council at $909.20 per month, the base salary of the Mayor at $3,463.30 per month, and the base salary of the Chairman and Board Members of the CDC at $975.33 per month. Government Code Section 36516.5 provides that a change in compensation does not apply to a councilman during his term in office. However, compensation for all members of the City Council may be adjusted whenever one or more members become eligible for an increase by virtue of beginning a new term of office. As a result, adjustments to compensation of Council members have been geared to elections at which members begin a new term in office. Pursuant to Government Code Section 36516(c), the Council may, by ordinance, increase its compensation by 5% per calendar year from the date of the last increase in compensation. Accordingly, the City Council may at this time increase its monthly salary by 20%, up to $1,091.04. Pursuant to Government Code Section 36516.1, an elected mayor may be provided with compensation in addition to that which he receives as a councilman, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation. If the Mayor's compensation were increased by 10% as in the case of the City Council, the Mayor's monthly salary would be $4,191.96. An alternative method for dealing with city council compensation is found in Government Code Section 36516(b), which provides: At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the compensation specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. ® Recycled Paper Adjustments in Compensation December 7, 2006 Page 2 Limitations Upon CDC Compensation Prior to January 1, 2006, there were no limits set forth in the Community Redevelopment Law with respect to the amount of compensation, or with respect to the timing of any adjustments in compensation; for the Chair and members of the CDC Board. However, during the 2005 legislative session, the State Legislature enacted AB 11, effective January 1, 2006, to amend the provisions of the Health and Safety code pertaining to compensation of community development commission board members. AB 11 now limits compensation to Chair and Boardmembers to $150 per meeting, not to exceed $300 per month for attendance at two meetings. Although the effective date of AB 11 was January 1, 2006, statutes, case law, and constitutional protections based on the contract clause and due process prevented the limitations of AB 11 from being applied to Boardmembers during their current term in office. Because Mayor Morrison and Councilmembers Natividad and Parra began new terms on December 5, 2006, the limitations upon compensation imposed by AB 11 will apply to them as of that date. Likewise, the CDC compensation of an individual who fills the vacancy created by Mr. Morrison's being elected Mayor will be subject to the AB 11 limitations. By contrast, those limitations will not be applicable to Councilwoman Zarate, whose current term of office does not expire until November 2008. AB 11 continues to allow Boardmembers to receive "actual and necessary" expenses, including traveling expenses, incurred in the discharge of their duties. I interpret this language to mean that Boardmembers may be reimbursed for expenses already incurred, and that they may receive an advance for expenses to be incurred, in discharging their official duties. I do not interpret this language to authorize the practice of paying Boardmembers a fixed expense allowance. GEORGE H. EISER, III City Attorney GHE/gmo Attachment (Page 1 of 3) ORDINANCE NO. 2003 _ 2215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL, AND THE CHAIRMAN AND BOARD MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is hereby fixed at Nine Hundred Nine and 20/100ths Dollars ($909.20) per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly salary of the Mayor is herby fixed at $3,463.30 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That the base monthly salary for the Chairman and each Board Member of the Community Development Commission is fixed at Nine Hundred Seventy Five and 33/100ths Dollars ($975.33) per month, pursuant to the provisions of Section 34130 of the Health and Safety Code. Section 4. That the benefits for the Mayor and City Council and the Chairman and the Board Members of the Community Development Commission shall be established as set forth in the attached Exhibit "A", which is incorporated herein by reference. PASSED and ADOPTED this 7th ATTEST: Mic eel Della, Ci Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney day of January , 2003. (Page 2 of 3) MAYOR City to pay $750/month for car allowance. MAYOR AND CITY COUNCIL AND CHAIRMAN AND THE BOARD MEMBERS OF THE CDC a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City and Community Development Commission to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City and official's portion of PERS contribution, and contract options shall be the same as those granted to other PERS Miscellaneous Members within the City. All other benefits for Mayor and City Council and the Chairman and the Board Members of the Community Development Commission are to remain the same. EXHIBIT "A" (Page 3 of 3) Passed and adopted by the Council of the City of National City, California, on January 7, 2003, by the following vote, to -wit: Ayes: CounciImembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the Cipy of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on December 17, 2002, and on January 7, 2003. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2002-2215 of the City Council of the City of National City, passed and adopted by the Council of said City on January 7, 2003. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 25 ITEM TITLE TRANSFER OF OPERATIONAL RESPONSIBLITY FOR NATIONAL CITY TRANSIT SERVICE TO METROPOLITAN TRANSIT SYSTEM (MTS); CITY OF NATIONAL CITY PROPERTY AT 522 WEST 8TH STREET PREPARED BY EXPLANATION George H. Eiser, III Ok DEPARTMENT (Ext. 4221) City Attorney An oral presentation will be presented at the time of the meeting. Environmental Review f N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Direction to Staff is requested. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, I11 • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 October 26, 2006 VIA FACSIMILE AND HAND DELIVERY BY MESSENGER Tiffany L. Lorenzen, Esq. General Counsel Metropolitan Transit System 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 RE: Request to Set Aside Decision of MTS Board Based on Violation of the Ralph M. Brown Act Dear Ms. Lorenzen: On or about September 7, 2006 the Mayor and City Council of the City of National City received a letter of the same date from MTS Chief Executive Officer Paul Jablonski, in which Mr. Jablonski stated that the MTS Board of Directors had authorized him to notify the City Council that as of January 28, 2007, the City of National City would no longer receive TDA funding for the City's bus operations. The pronouncement regarding discontinuance of funding was unanticipated by the City Council, including Councilwoman Rosalie Zarate, who is currently the City's representative on the MTS Board of Directors, because discontinuance of TDA funding to National City had never appeared on an MTS Board Meeting Agenda. Basic Requirement that Items Appear on a Posted Agenda The MTS Board is governed by the Ralph M. Brown Act (the "Brown Act") found at California Government Code Section 54950, et seq. (see Section 120104 of the California Public Utilities Code). The Brown Act requires, at Section 54954.2, that: " [a]t least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.". Thus, under the fundamental requirements of the Brown Act, the topic of discontinuance of TDA funding to National City was required to appear as an agenda item on an MTS Board Agenda, open to discussion by interested parties and the general public, before the Board could take 7 Recycled Paper October 26, 2006 Tiffany Lorenzen, General Counsel Metropolitan Transit System Page 2 action on the matter. However, this topic does not appear on any of the Board Agendas dating from January 13, 2005 through September 14, 2006.1 The Issue of Discontinuance of TDA Funding to National City Was Not a Proper Topic for Discussion in a Closed Session for Anticipated Litigation The absence of an open session agenda item pertaining to discontinuance of TDA. funding to National City begs the question as to whether this topic was, under the circumstances presented, appropriate for discussion in closed session. In specified situations, exceptions exist under the Brown Act which permit the governing body of the public agency to conduct business in closed session. One of such exceptions allows the governing body to go into closed session to consider anticipated litigation against the public agency. To be able to utilize this exception to the Brown Act, the public agency must find that based on "existing facts and circumstances, there is a significant exposure to litigation against the local agency" (California Government Code Section 54956.9(b)). On the August 10 and September 14, 2006 agendas of the MTS Board, there appeared closed session items for anticipated litigation. The minutes of the September 14 meeting reflect that National City's representative was "not present" for the discussion of this item. However, the minutes misrepresent what occurred. In fact, that representative, Councilman Frank Parra (Councilwoman Zarate's alternate), was improperly excluded from the closed session. When you reported out the closed session upon its conclusion, you stated that Mr. Parra had been excluded because the closed session discussion involved anticipated litigation with National City. Based on these facts, in the view of MTS the litigation which was anticipated was expected to be brought by the City of National City. However, the agendas and minutes dating from January 13, 2005 to September 14, 2006, do not reflect any facts which would lead one to conclude that there was a significant exposure to litigation against MTS by the City of National City, based on "existing facts and circumstances." Further, National City is not aware of any facts upon which one would conclude that such facts and circumstances existed. Thus, there was no factual basis for the MTS Board to meet in closed sessions to discuss litigation anticipated to be brought against MTS by the City of National City. Moreover, it would be improper for MTS to "bootstrap" itself into holding a closed session for anticipated litigation based upon the making of a potentially unpopular decision (i.e., the decision to discontinue TDA funding to National City) in the very same closed session! Agendas and minutes of all MTS Board meetings from January 13, 2005 through September 14, 2006 were provided to the National City City Attorney's Office by the Office of the General Counsel of MTS pursuant to a request for documents under the California Public Records Act. October 26, 2006 Tiffany Lorenzen, General Counsel Metropolitan Transit System Page 3 The Issue of Discontinuance of TDA Funding to National City Was Not a Proper Topic for Discussion in a Closed Session to Instruct the Agency's Real Property Negotiators An additional exception exists under the Brown Act which allows the governing body to meet in closed session to instruct its negotiators in cases involving the acquisition of real property (California Government Code Section 54956.8). On the August 10 and September 14, 2006 agendas of the MTS Board, there appeared closed sessions to instruct MTS negotiators regarding the acquisition of real property owned by the City of National City located at 522 West 8th Street, National City. If this closed session was used as the occasion on which the MTS Board decided to terminate National City's TDA funding, the question arises as to how a closed session to instruct agency negotiators as to price and terms of payment was related to the discontinuance of TDA funding to National City? Further, pursuant to California Government Code Section 54956.8, when a closed session is held to instruct agency's real property negotiators, a companion open session item pertaining to the negotiations must be placed on the same agenda (California Government Code Section 54956.8). This requirement was not complied with for either the August 10 or September 14, 2006 meetings. In conclusion, based on the factual situation discussed above, the City of National City contends that if the decision to discontinue TDA funding to the City was made in closed session, a violation of the Brown Act occurred. The Decision to Discontinue TDA Funding to National City Must be Set Aside, and the Matter Placed on an Agenda for Discussion in Open Session California Government Code Section 54960.1 affords a procedure for obtaining a judicial determination that an action taken by a public agency in violation of the Brown Act is null and void. Pursuant to subdivision (b) of that Section, it is requested that the MTS Board set aside its putative decision to terminate TDA funding to National City, and within the next 30 days, calendar this matter for discussion in open session by interested parties and members of the public. This request is based upon the following violations of the Brown Act by the MTS Board: 1. Failure to place the topic of termination of TDA funding to National City on an open session agenda, in violation of California Government Code Section 54954.2. 2. Improper use of closed session for anticipated litigation based on a "significant exposure to litigation", as the occasion on which to make a decision to terminate TDA funding to National City, in violation of California Government Code Section 54954.2. October 26, 2006 Tiffany Lorenzen, General Counsel Metropolitan Transit System Page 4 3. Improper use of closed session for instruction of real property negotiators as the occasion on which to make a decision to terminate TDA funding to National City, in violation of California Government Code Section 54954.2. 4, Improper exclusion of National City's representative from the closed sessions held on September 14, 2006. Thank you for your anticipated cooperation in taking the appropriate corrective actions. Very truly yours, GEORGE H. EISER, III City Attorney cc: Mayor and City Council City Manager Assistant City Manager N'3V-19-'2UU6 TUE 10:52 AM MTDB 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 • FAX (619) 234-3407 September 7, 2006 FAX NO, 619 234 3407 P, 19;, SPECIAL MEETi! J Att. D, Al 30, 11/16/06, FIN 341 Metropolitan Transit System ADM 110.1, OPS 930 Honorable Nick Inzunza Mayor City of National City 1243 National City Blvd. National City, CA 91950 Re: National City Transit and the Facility at 522 West 8th Street Dear Mayor Inzunza: The City of National City has been a valued partner in providing transit service to the community decades. As MTS has grown and changed, your City has supported efforts to create a sustainable transit system despite. constrained funding. National Cityhe for region, and as such, deserves to benefit from any improvements that MTS can supply. With these things in mind, i have been authorized to bringthe C. is one of the best transit markets in the transit in National City, City Council the following outline p f MTS plans for 522 West 8'" S eet At the request of Councilmembers Zarate and Morrison, the MTS Board of Directors has considered the potential transfer of the National City Transit Bus Maintenance Facility at 522 West 81° Street to MTS use as a transit center. While MTS's current transit center location is ad for proposed increases in service under the Comprehensive O for site on 8'" adequate for current demand and Street is at the heart of the C' Operational Analysis (COA), rtyrs redevelopment area, and therefore could become a site for potential growth in transit services in the futureWhile a new transit facility is not included in the aPpraved Capital Improvement Program the potential for use of the site in the more distant future.r Therefore, MTS is prepared to discuss the future °f the site funding Projections, this does not preclude with the City. As the property was purchased with Transportation Development Act (TDA) funds designated for transit projects, the Board supports the r transit purposes. We are ready to discuss transferringcontinued use of the and to invest the capital required to discuss the property from National City Tra nsit to MTS work with the City to come to a mutually satisfactory agreement.rail station and transit center facility. We will National Ci tans' and Service i the C' As I have discussed with Councilmembers Zarate and Morrison, MTS has reviewed transit service to National City, and has concluded that considerable efficiencies and better service for National City customers would result from consolidation of National City Transit routes under MTS Contract Services. This recommendation is consistent with changes in other cities made as a result of the COA. Therefore, the Board of Directors has authorized me to no tify e these efficiencies and service improvements, the agency plans tt Cityo is Council that in order Nationaltocontinue funding for reali City Transit -provided services effective January 28, 2007. New service under the COA implementation will bo operated by MTS Contracted Services within the City. Metrocxiflten Trnnalt Syetan (MTS'I h carnprleed of the Metropolitan Transit Dev In c oopyi yl}prt with Ctr rla Vats TIS) Ornand rilk4Natk,of theat)Metropolitan MTS b naith•elopimmt Board (WAN, a California TDB member nth CrNi IncIW T C of C tj,Yll- ♦ arknlntstrr,tor for public gar of t San Dlatp o ara Carp-. ttnC San �' Iwte WtY City of �YDlla(jl) dQht CiWa. MTDs b ownar of the Syr qpo arrQ Minna Eaibm Ro Trdley, Inc. , Clty of a ca(on, CIty of imperial Beyrj, City of la Mena, City or i... nnrt Grow y Cornperty, City o1 t1e� City, Clry of Pwyy, D-1 NOV-14-2006 TUE 10:52 AM MTDB FAX NO. 619 234 3407 P. 20 This change will benefit National City in several ways. With consolidation, the City will be relieved of administrative responsibilities that it has fulfilled since it first contracted with McDonald Transit to operate the 12-bus system. Last year, the City included in its budget request a substantial overhead fee to cover its administrative costs, and indicated that that fee would need to be raised each year to eventually pay for what the City was actually spending. With consolidation, this drain on the City's General Fund will be eliminated. In addition, by moving operations under MTS Contracted Services and realizing at least a $450,000 annual operating savings, MTS will be able to implement the 41% increase in service to National City that was envisioned in the COA. With implementation of the COA, all service in National City will connect to routes outside the City to achieve a more integrated service network to get National City residents where they want to go faster. Annual route miles connecting to National City will increase from the current 2.8 million miles to nearly 4 million miles. The COA plan will establish a frequent grid network with 15 minute or better base frequencies, and will expand service at night and on weekends within the City. It will provide high frequency and direct connections from National City to major regional transfer hubs, with direct service to Mission Valley, San Diego State University, and Downtown San Diego. It will also provide high frequency service on major north/south corridors connecting Blue, Orange and Green Line trolleys along Euclid Avenue, Fairmont Avenue, and 54I' Street. Alt of these corridors, which are served by Routes 013, 929, 932 and 955 under the draft proposal, will experience 15 minute frequencies. Bus routing will be streamlined and duplicative service will be rerouted, in order to provide more direct, and therefore quicker, service to destinations and transportation hubs. Regional east/west service will be provided to Spring Valley Shopping Center. Under the new service routing, the City's contract with National City Transit will no longer be needed, since the routes wilt join to those currently serviced by other MTS contracts. MTS is seeking the City's support and assistance in completing the transition without disruption to customer service in National City. This collaboration will likely have associated costs, and MTS will work with the City to help meet these financial responsibilities. MTS is also committed to finding employment for all National City Transit personnel, with the exception of those employed by McDonald Transit. We realize that some costs will be incurred for a short time following the transfer of service operations from National City Transit to MTS. MTS will cover, as we do currently, all costs associated with the shutdown of the facility. i would like to suggest thatthe City and MTS convene a transition team with staffs from the respective ' agencies as soon as possible. The transition team will coordinate the transfer of the MTS-owned vehicles from National City Transit, the amendment to the MTS budget to reflect the transfer, and necessary personnel -related actions. The creation of a more sustainable transit operation will have greater long-term benefits for National City residents and businesses, and will surely enhance your Council's plans for National City's bright future. We look forward to working with you to enhance public transportation in your city, Sincerely, Harry Mathis Chairman c: National City City Council MTS Board of Director's D-2 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 619.231.1466 FAX 619.234.3407 Metropolitan Transit System Memorandum ADM 110.1, OPS 930 DATE: December 12, 2006 TO: MTS Board of Directors FROM: Sharon Cooney, Director of Government Affairs SUBJECT: National City Transit Update Based on Board direction, members of the MTS Board, representatives from National City, ATU Local 1309 (bus drivers), and McDonald Transit met on November 28 to discuss various unresolved issues related to National City Transit operations. McDonald Transit was given the opportunity to present proposals for reducing the cost of operating service in National City. To be competitive with MTS's contracted services, McDonald Transit proposed significant labor cuts at National City Transit, a rebid of its insurance, and the removal of rent and overhead charges. MTS staff reviewed the proposals after the meeting and provided the results of the analysis to McDonald Transit, the City and the MTS Executive Committee. MTS staff continues to recommend that National City operations be assumed under MTS contract services. The issue of employee relations was also discussed at length at the November 28 meeting, and MTS presented a comparison between wages and benefits at National City Transit, San Diego Transit, and MTS's contract services provider. MTS staff concluded the presentation by stating that National City Transit jobs would be protected with equal or higher wages and comparable benefits. Finally, there was a consensus from the group that developing the property at 522 West 8`h Street as a transit center was the best use for the property. National City representatives asked that MTS draft a Memorandum of Understanding (MOU) to be used as the basis for discussions regarding the transfer of operations and the future development of a transit center on the property. After reviewing the draft MOU crafted by MTS staff, City representatives indicated in writing to MTS staff on December 7 that they intend to take MTS's proposal to the City Council on December 19 with the following additions: • That MTS will agree to pay rent at the current rate beginning on July 1, 2007, with no CPI escalator until July 1, 2009, after which time the inflationary increase will be added annually. • That MTS and the City conduct an appraisal of the property. A subsequent staff conversation clarified that the intent of this provision was to have a basis for eventual MTS purchase or long term lease of the property. • That either McDonald Transit be a party to the MOU, or that MTS indemnify the City for any action that might come from MTS's decision to cut funding to National City Transit. City of National City Office of the City Council 1243 National City Boulevard, National City, CA 91950 ROSALIE G. ZARATE - Councilwoman (619) 336-4234 October 25, 2006 Chair and Board Members San Diego Association of Governments 401 B Street, Suite 800 San Diego, California 92101 Re: Request to Place Item on Agenda For Discussion of SANDAG Control of Transit Systems Dear Chair and Board Members: The City of National City has for many years operated its own bus system with the support of TDA funds. In fact, in terms of ridership, National City's bus system is the most efficient in the state. The City Council is desirous of providing this superior level of transit service to its citizens well into the future. Unfortunately, an issue has arisen which, in the City Council's view, jeopardizes National City's bus system. The Metropolitan Transit System, from which National City receives TDA funds to operate its bus system, has been contemplating the termination of TDA funding to National City, and bringing the City's bus operation under the umbrella of MTS. The City Council was recently surprised — if not shocked — to learn that the MTS Board had taken unilateral action to discontinue TDA funding to National City effective January 28, 2007. This action was taken without the matter being placed on an MTS Board meeting open session agenda for discussion by interested parties and members of the public as required by the Brown Act. The City is currently pursuing its remedies to have this unilateral and unlawful action of the MTS Board rescinded, and to have this matter placed on an open session agenda. We do not believe that regional partners should be treated in this manner. This incident demonstrates the need to consider placing SANDAG in control of all transit systems in San Diego County. The City Council believes that only through this measure that local communities can determine their own destinies in providing transit service to their citizens. It is respectfully requested that as soon as possible, the issue of SANDAG control of transit systems in the county be placed on an agenda of the SANDAG Board. Thank you for your consideration. Very truly yours, Rosalie Zarate i Councilwoman ® Recycled crc• rxecutive Officer Gary Gallegos MEETING DATE ITEM TITLE An appeal to the City Council of the Traffic Safety Commission Recommendation not to install speed humps on 22"d Street between "N" Avenue and Palm Avenue (By: Petitioners of 22nd Street between "N" Avenue and Palm Ave) City of National City, California COUNCIL AGENDA STATEMENT December 19, 2006 AGENDA ITEM NO. 26 PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 4394 An appeal to the Ciy Council is being requested by Mr. George Baca, one of the petitioners of speed humps on 22" Street between "N" Avenue and Palm Avenue. On November 8, 2006, the Traffic Safety Committee (TSC) denied the requested humps based on the fact that the request did not meet the City Council Policy (see attached TSC Agenda Report). The policy states that 4 out of 5 conditions are required for the street to be considered for speed humps installation. In this case, the study shows that this location only meets three out of the four required conditions (see attachments). The TSC voted against the installation of speed humps because of the above reason. At the end of the meeting, Mr. Baca was told that the decision of the Traffic Safety Committee could be appealed to the City Council. Mr. Baca stated that he would pursue the appeal. ( Environmental Review X N/A " Financial Statement N/A MIS Approval STAFF RECOMMENDATION Recommend against the install (i.n o1.eed humps, since it does not meet the City Council Policy. BOARD / COMMISSION RECOM1 ENDATION At their meeting of November 8, 2006, the Traffic Safety Committee denied the speed humps installation on 22nd Street, since it does not meet the City Council adopted policy. ATTACHMENTS ( Listed Below ) Approved By: Finance Director Account No. 1. Staff Report to the Traffic Safety Committee Resolution No. A-200 (Rev.7/0) 8 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 8, 2006 ITEM NO. 2006-25 ITEM TITLE: REQUEST FOR INSTALLATION OF SPEED HUMPS ON 22ND STREET BETWEEN "N" AVENUE AND PALM AVENUE (BY: PETITIONERS OF 22ND STREET PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: The attached petition requests the installation of speed humps on 22nd Street between "N" Avenue and Palm Avenue. According to the Petitioners, vehicles are speeding on 22nd Street. Staff has investigated the site and found that it meets 3 conditions listed in the City Council Adopted Warrants for the installation of speed humps. The results are as follows: 1. The warrants require a minimum of 1000 vehicles per day. This street has an ADT of 694 vehicles. This condition is not met. 2. The warrants require a minimum of 60% of the vehicles surveyed must exceed a speed of 25 mph. There are 28.2% (or 196 veh.) of the vehicles on this street are speeding. This condition is not met. 3. The road must have no more than 2 traffic lanes. This condition is met. 4. The road must have a speed limit of 25 mph in accordance with State Law or City Council action. This condition is met. 5. The road must be a local street, i.e., not on the City's Classified Street System. This condition is met. The installation of speed humps on public roads will be considered only if 4 out of 5 conditions are met. STAFF RECOMMENDATION: It is not recommended that this location be put on the speed humps list since it does not meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photo 4. Survey 2006-25 RE0E E0 'AYOR &-Cr('Y COUNCIL ENGINEERING DEPT. CITY OF NATIOWAL CITY WE THE FOLLOWING UNDERSIGNED HOMEOWNER'S WHO LIVIWaPPIM1F A IO= 22ND STREET ARE SUBMITTING THIS WRITTEN PETITION TO THE HONORABLE MAYOR, NICK INZUNZA & NATIONAL CITY COUNCIL MEMBERS FOR A REQUEST TO INSTALL SPEED BUMPS FROM THE CORNER OF EAST 22ND & "N" STREET TO TOE CORNER OF EAST 22ND & PALM AVE. IN THE LAST YEAR WE HAVE SEEN AN INCREASE WITH SPEEDING VEHICLES WHO USE 22ND STREET AS THEIR OWN PERSONAL DRAG STRIP AT ALL HOURS OF THE DAY OR NIGHT. BY APPROVING OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET, WE WOULD SEE A DECREASE ON SPEEDING VEHICLES, WHICH WOULD EXCEED SPEEDS OF MORE THAN 25 - 50 MPH THROUGH OUR NEIGHBORHOOD. DRIVERS WOULD BE FORCED TO SLOW DOWN THEIR VEHICLES PRIOR TO REACHING THE SPEED BUMPS. HOMEOWNERS & LOCAL RESIDENT'S WHO RESIDE IN OUR SURROUNDING NEIGHBORHOOD, OFTEN USE EAST 22ND STREET TO WALK THEIR CHILDREN TO & FROM THE LOCAL ELEMENTARY SCHOOLS, TO & FROM LAS PALMAS PARK/ GOLF COURSE, TO & FROM WALKING THEIR PETS DURING THE EARLY MORNING. MID -DAY. LATE AFTERNOON, OR LATE EVENINGS HOURS TItkOUGHOUT THE DAY. I THEREFORE, THE ONLY WAY WE CAN PREVENT CAR ACCIDENTS, BODY INJURIES TO OUR CHLIDREN, PARENTS, TEENS, PETS, OR OTHER ADULTS IS FOR YOU TO TAKE ACTION AND APPROVE OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET. l Gc /-C� (rip) 5'7y- o� PRINT NAME HOME ADDRESS $IG NATURER ,'' t �-� �i (� Gr 21 �� I 5 ({ts �� T, c be C 01--- .c.Ji /x -.cz r-, cry a mare J Cc ccid ? I,S3- E- , 2 D , � �-x�m (:-, �. 7'7 /726 OiL)L,, /fJ4) A7/7 a-,e AYI od 22 Ph P ?_ K Y'ARi 1 30 c ') r ./(r '1/e.- s c .2141XQBASIIILWIM CITY OF NATIONAL CITY WE THE FOLLOWING UNDERSIGNED HOMEOWNER'S WHO LIVE ON EAST 22ND STRICT ARE SUBMITTING THIS WRITTEN PETITION. TO THE HONORABLE MAYOR, NICK INZUNZA & NATIONAL CITY COUNCIL MEMBERS FOR A REQUEST TO INSTALL SPEED BUMPS FROM THE CORNER OF EAST 22ND & "N" STREET TO THE CORNER OF EAST 22ND & PALM AVE. IN THE LAST YEAR WE HAVE SEEN AN INCREASE WITH SPEEDING VEHICLES WHO USE 22ND STREET AS THEIR OWN PERSONAL DRAG STRIP AT ALL HOURS OF THE DAY OR NIGHT. BY APPROVING OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET, WE WOULD SEE A DECREASE ON SPEEDING VEHICLES, WHICH WOULD EXCEED SPEEDS OF MORE THAN 25 - 50 MPH THROUGH OUR NEIGHBORHOOD. DRIVERS WOULD BE FORCED TO SLOW DOWN THEIR VEHICLES PRIOR TO REACHING THE SPEED BUMPS. HOMEOWNERS & LOCAL RESIDENT'S WHO RESIDE IN. OUR SURROUNDING NEIGHBORHOOD, OFTEN USE EAST 22ND STREET TO WALK THEIR CHILDREN TO & FROM THE LOCAL ELEMENTARY SCHOOLS, TO & FROM LAS PALMAS PARK/ GOLF COURSE, TO & FROM WALKING THEIR PETS DURING THE EARLY MORNING, MID -DAY, LATE AFTERNOON, OR LATE EVENINGS HOURS THROUGHOUT THE DAY. THEREFORE, THE ONLY WAY WE CAN PREVENT CAR ACCIDENTS, BODY INJURIES TO OUR CHLIDREN, PARENTS, TEENS, PETS, OR OTHER ADULTS IS FOR YOU TO TAKE ACTION AND APPROVE OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET. 11014E ADDRESS ✓ ��.z� a �rn a74oeL f5(33 F 2.2Nz77- O --a -l-�s IAP r 2 22 /620 • 21 °/000• i /056 1 /641 1. /9/7 .6 e /902 1t /906 4 19/0 .,, 19/2 • A Co 143 Pk h m N.. N 1 14 /934 2 w III N i 1/1 .N.1.• 1001 1004 1006 1• N.. 20/4 20/0 • 2 • NAP 584 2754 2042 1116 1/24 2/16 1/31 2/42. 1/41 .,.... 1» 17 h MA P h 1i 20 0 SELAWN M 21-- h h 22 2204 N1. 1•n 30 8 g 2586 29 24 b h 2e /1AP 584 e.. 24 44 1234 .tirrr 1314 Y 1318 7 0 x 2 Z .4 11 .4 10 P336 t r 2P c /1105 N /6/7 /627 /04/ 1045 /90J 4 /909 ID 1620. /616 i651 1156 - 1646 MA15` /9/6 /924 /919 /9J6 /955 /155 1931 S'9^! 4..,.. g /940 ».. N i•1 .. 2 N s N e •.I S .4. r•N 2101'/ a • 10002 1031 24 t 1050 1099 is 6 1066 1045 22 , 1040 1/05 21 l0 2/10. MAP 1/1/ 20 .1 2/20 2//9 ro 12 Z/26 1/25 le 13 Z/J4 Z/45 .• 4 p. r . 2140 1201 2205 Z2/5 STREET 6 » 01.. NO St. /6071 b G 4 l6/0 11.1 Z W 1110 /6/9 /6.21 1051 1112 /6J0 1145 /905 1907 /909 /027 /915 /9111 /933 4✓6 1044 1420 /901 1912 /620 2 -J d a. n ` 19M b P is M- a N STREET ee P � 0 2125 2235 2141 oto oo to to ti•N INY : 202/ .N. 1010 2 205/ 1096 2039 1045 1044 2/11 2/14 2226 212/ 2/20 1/27 2/16 2/53 2190 1/41 4 M 1/40 STREET MAP 4. n 1303 2321 3327 2343 11 rrl r 584 �+ u h STREET — 1L I A REVISIONS CEO 4Y i`r DATE -/la 15 23 3rs 23 SITE 22na F _J LOCATION MAP z a_ I Speed Bins with Grand Totat CustomL41(Non metric) no: 32401,0WE pescrlptbn: 22nd SeeetBhvn N Ave 30 Ave (Speed) Fite( 1200 Monday,0ebber30,2008.>1200 Tuesday,October31,2006 �61er. Cle(1 23 45 67 8 9 10 11 12 13) 0lr(E) Sp(0,100) Sep(>0) Joe hem: Vehicle elassitaatlon (Scheme F99) ITomlJNumber In lime step 3000 2750 2500 22.50 20.00 t 1750 ei 15A0 • 1250 t 00u' 750 5.00 250 000 41200 Mond y,Oebbe(30,2006(Hour 32401-08 CustomList-2731 Page 2 12 13 14 15 16 17 18 19 20 21 22 23 00 01 02 03 04 05 06 07 08 09 10 11 12 Time * Monday, October 30, 2006 - Tuesday, October 31, 2006 Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40 45 50 55 60 65 1200 18 0 0 0 7 8 3 0 0 0 0 0 0 0 21.9 24.6 1300 18 0 0 3 5 7 3 0 0 0 0 0 0 0 20.8 24.6 1400 26 0 1 1 8 9 6 1 0 0 0 0 0 0 21.2 25.7 1500 21 0 0 2 1 15 3 0 0 0 0 0 0 0 21.4 23.3 1600 22 0 0 0 9 9 4 0 0 0 0 0 0 0 20.9 25.3 1700 23 0 0 0 5 9 9 0 0 0 0 0 0 0 23.5 28.0 1800 22 0 2 1 5 9 4 1 0 0 0 0 0 0 21.1 26.6 1900 12 0 0 0 5 3 4 0 0 0 0 0 0 0 21.0 26.8 2000 6 0 0 1 2 2 1 0 0 0 0 0 0 0 20.4 - 2100 7 0 0 2 4 1 0 0 0 0 0 0 0 0 16.5 2200 6 0 0 0 0 5 1 0 0 0 0 0 0 0 23.4 2300 1 0 0 0 0 1 0 0 0 0 0 0 0 0 22.0 0000 1 0 0 0 0 1 0 0 0 0 0 0 0 0 22.5 0100 1 0 0 0 0 0 1 0 0 0 0 0 0 0 29.7 0200 1 0 0 0 0 1 0 0 0 0 0 0 0 0 21.1. 0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0500 4 0 0 0 0 3 1 0 0 0 0 0 0 0 23.1 0600 5 0 0 2 2 0 1 0 0 0 0 0 0 0 17.6 - 0700 21 0 0 1 5 11 3 1 0 0 0 0 0 0 21.5 25.1 0600 12 0 0 3 1 5 3 0 0 0 0 0 0 0 21.7 27.7 0900 16 0 0 0 6 7 3 0 0 0 0 0 0 0 21.7 25.7 1000 15 0 0 3 6 9 2 0 0 0 0 0 0 0 19.4 24.6 1100 13 1 1 1 2 2 9 2 0 0 0 0 0 0 21.3 29.1 07-19 227 1 4 15 60 95 47 5 0 0 0 0 0 0 21.4 25.9 06-22 257 1 4 20 73 101 53 5 0 0 0 0 0 0 21.2 25.9 06-00 264 1 4 20 73 107 54 5 0 0 0 0 0 0 21.2 25.9 00-00 271 1 4 20 73 112 56 5 0 0 0 0 0 0 21.3 25.9 ` Grand Total Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40 45 50 55 60 65 271 1 4 20 73 112 56 5 0 0 0 0 0 0 21.3 25.9 32401-08 CustomList-2729 Page 1 Traffic Data Service Southwest Speed Bins with Grand Total 32491-08 CustomList-2729 -- Enalish (ENU1 Datasets: Site: [32401] 22nd Street Btwn N Ave & 0 Ave (Speed Speed Bins with Grand Total C uelentlet (Non meth) Ste: 32401 AWE Deserptbn: 22nd St eel Btvn N Ave &OAve (Speed) FEW dine: 1200 Monday,Ocbber 30,2006 -> 1200 Tuesday ,Ocbber 31, 2008 Mir: Cie (1 2 34 56 78 91011 12 13 ) 01r(W) Sp(0,100) Sep(>0) Scheme: Vehicle alas (Plc aeon (Scheme F99) U DOA N umber In Brne step c 1200 Monday, Ocbber 30, 006(Hour) 60.0OJ 5590 50.00 45.00 40A0 . 35A0 i 30.00 25A0 20 Ou 15A0 10.00 5.00- 0.0 12 13 14 15 16 17 18 19 2 21 22 23 00 01 02 03 0 05 06 07 08 09 10 11 12 Time . Monday, October 30, 2006 - Tuesday, October 31, 2006 Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40. 45 50 55 60 65 1200 28 0 0 4 3 12 8 1 0 0 0 0 0 0 22.2 25.9 1300 17 0 0 I 2 8 3 3 0 0 0 0 0 0 24.4 7.8.0 1400 41 0 0 2 8 19 10 2 0 0 0 0 0 0 23.0 27.5 1500 37 0 0 1 6 19 10 1 0 0 0 0 0 0 23.2 26.2 1600 54 0 0 3 11 29 10 1 0 0 0 0 0 0 22.2 26.2 1700 38 0 0 2 5 13 15 3 0 0 0 0 0 0 24.3 28.2 1800 15 0 0 0 0 11 4 0 0 0 0 0 0 0 23.8 27.1 1900 21 0 0 1 6 8 4 2 0 0 0 0 0 0 22.3 25.9 2000 13 0 0 0 2 5 5 1 0 0 0 0 0 0 24.1 27.1 2100 6 0 0 0 2 2 1 1 0 0 0 0 0 0 23.1 - 2200 9 0 0 0 0 5 2 2 0 0 0 0 0 0 25.7 - 2300 3 0 0 0 1 2 0 0 0 0 0 0 0 0 21.5 0000 4 0 0 0 0 2 1 1 0 0 0 0 0 0 27.9 - 0100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - - 0200 2 0 0 0 1 0 0 1 0 0 0 0 0 0 25.5 - 0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - - 0400 1 0 0 0 0 0 1 0 0 0 0 0 0 0 25.1 - 0500 4 0 0 0 3 1 0 0 0 0 0 0 0 0 19.0 - 0600 11 0 0 1 4 5 1 0 0 0 0 0 0 0 20.5 23.0 0700 27 0 0 1 6 8 11 1 0 0 0 0 0 0 23.8 27.7 0800 24 0 0 1 7 11 5 0 0 0 0 0 0 0 22.4 25.5 0900 26 0 0 2 4 7 11 1 1 0 0 0 0 0 24.3 29.5 1000 24 0 0 1 5 11 5 2 0 0 0 0 0 0 22.9 26.2 1100 18 0 1 0 3 10 3 1 0 0 0 0 0 0 22.1 26.4 07-19 349 0 1 18 60 158 95 16 1 0 0 0 0 0 23.1 27.7 06-22 400 0 1 20 74 178 106 20 1 0 0 0 0 0 23.0 27.7 06-00 412 0 1 20 75 185 108 22 1 0 0 0 0 0 23.1 27.7 00-00 423 0 1 20 79 188 110 24 1 0 0 0 0 0 23.1 27.7 * Grand Total Time Total Vbin Vbin Vbin Vbin Vbin Win Vbin Win Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40 45 50 55 60 65 423 0 1 20 79 188 110 24 1 0 0 0 0 0 23.1 27.7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 27 ITEM TITLE Notice of Decision — Planning Commission Denial of a Conditional Use Permit for a Wireless Communications Facility at 1526 East 18th Street. (Applicant: T-Mobile USA) (Case File CUP- 2006-10) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is a .28-acre parcel with two older commercial buildings and a parking lot in between the two, at the southwest corner of 18`' Street and Palm Avenue, in the Limited Commercial (CL) zone. The lot has approximately 125 feet of street frontage on East 18th Street and 100 feet of frontage on Palm Avenue, and has several mature trees of various varieties ranging in height from 10 to 25 feet. The applicant proposes to construct a 45-foot tall antenna support structure in the form of a pine tree (monopine), with twelve panel antennas, within a 300 square -foot fenced area (6 foot chain link). The proposal includes four equipment cabinets and associated telecommunications and electrical equipment within this 15-foot by 20-foot area. Extensive landscaping, and an upgraded irrigation system, is proposed throughout the site in order to help screen the facility. Planning Commission held a hearing on November 20, 2006, where the applicant answered questions regarding site selection. After hearing concerns from area residents, the Planning Commission voted to deny the Conditional Use Permit finding that the close proximity of the facility to the adjacent residences would impact the residential nature of the adjacent community, and that the artificial appearance of the monopine would not blend with the nearby mature landscaping, among other concems. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt, Reynolds. Nays: Carrillo. Absent: DeLaPaz ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 40-2006 2. Location Map Resolution No. 3. Photo simulations 4. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION NO. 40-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR A WIRELESS COMMUNICATIONS FACILITY AT 1526 EAST 18TH STREET. APPLICANT: T-MOBILE USA CASE FILE NO. CUP-2006-10 WHEREAS, the Planning Commission of the City of National City, California considered a conditional use permit application for a wireless communications facility at 1526 East 18th Street (APN 561-222-23) at the public hearing held on November 20, 2006 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-2006-10 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 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 20, 2006 fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City 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 20, 2006 supports the following findings: That the site would have an adverse effect on adjacent properties since the proposed 45-foot tall antenna support structure would be situated within 15-feet from adjacent residential uses and the close proximity of the structure and equipment to the adjacent residences would impact the residential nature of the adjacent community. That the site for the proposed antenna support structure and equipment enclosure is not adequate in size and shape, since the 300 square -foot fenced area for the equipment enclosure would remove an area available for landscaping and it would he located two feet from the southern property line adjacent to residential uses. 3. That the proposed use will have an adverse effect upon adjacent or abutting properties since the 45-foot tall antenna support structure in the form of a pine tree with twelve panel antennas would have an artificial appearance and would not blend with the nearby mature landscaping. 4. The proposed use has not been determined to be essential and desirable to the public convenience or welfare since it has not been documented that other sites have been explored that would provide comparable service. 5. The proposed use may limit the opportunity for future redevelopment of the site by restricting the area available for site improvements since a portion of the site would be committed to a long-term lease. BE TT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2006-10. BE TT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, 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 5:00 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. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 4, 2006 by the following vote: AYES: Alvarado, Baca, Flores, Pruitt, Reynolds NAYS: Carrillo ABSENT: DeLaPaz ABSTAIN: CHAIRWOMAN i SUBJECT PROPERTY ZONE BOUNDARY — — — LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at 1526 East 18th Street CUP-2006-10 NATIONAL CITY PLANNING DRN. DATE: 10/4/06 INITIAL HEARING: 10/16/06 • T• Mobi1e• 18T11 AND PALM 1526-40 18TH ST, NATIONAL CITY, CA 91950 S007069 DIVECT'ONS 10 SITE ¢] - eMFTFrsI>yo�m C[..eME:i: �.C...wo ev„�clac . co �s .19R re .T . REAL a CA mT w .m slu l_ DIRECTIONS TO SITE 1 u. v Cuw.Y�NnM ntr ✓n.iCAn, T010ee LUON[co-. 702 rrn,xy �0.PRVG GPe-lzl[P A 7.4, PAIVAT IRVA< n�LlTlfb MICA ANMAAA YX�E� W TES,C. n.rERULS (ASrv) ui STA., .4,15.,- a Iw A5f00.7.Cu,wal (.6+P>EU ay-0 ELE CODES Pw AT .e +arse CT, Mn uao b SITE L r__VICINITY MAP SITE NAME BITE NUMBER SITE ADDRESS 04-0 rbT. a r ELECOMIUNICAT CARRIERS OVMER O'MEER CONTACT •E++1 a�vn gaff/ (I4, Pa (a*)*74 •aa 10 T.MOCBILE PROTECT MA APPLICANT T.M. T N. wll ImfJ fr.-.I]i IX Yg UWA Sa qWf ASSESSORS PARCEL NUMBER CURRENT ZONING-. PROCESS: cf Umb(mn[R., lm, • xa RINKLERE08'.0 IEI BW➢O. OCCUPANCY. M) iNOBILE COO.,.r.m 1 X( sm.TYPE or CONSTRUCTION_ biyPF OF CONSTRUC I PROJECT RESORPTION : CONDITIONAL USE PERMIT I'I - ..m„eE io . er.I. f PM.TE AXc USTIfP, ow ..LPR,e Pmm,,,, unae .0 !) c,,,,t a e S.A.rom.. SUE +Tnn ne) Ise aiIXWe MU eL r4.AT [U LP . `TOW OPERATING FREQUENCIES: LMmrVRN +I7 PROJECT SUMMARY RP INTIN,S. ZONINGPLPNNING IMTIALS otII ARCHITECT INITIALS: CONSTRUCTION INITIALS: ' I ill UPC f=� ,.� SITE ACQUISITION INITIALS LUROLono lunALs: OAIE CLIENT APPROVALS ARCHITECTS. ENGINEERS nMWu J...IYrtECN4 1.1341.1 CM, SIN MO. PI. tl WrtfN n(aMJ eo-am COITACT . RR e51.111(M.O. wR'ASM! LESSEWAPPLIGPEJT nM yNT iT.',MPlf w1+ O mry 19. C• Tu. Ilai SI.�YN awn, - w+ineT wm WV GICO.X Ta 9NE eTxC dPREA Try. FAX (NI) YE.1]IL caff41 PM. MUFTI APPLICANT REPRESENTPTIVE .N; 411.3(411713. WE" r.eEn Writ UM mess,))* WY1l. Y� * MJ MI, Mea wr.n. TORT WAN., CONSULTANT TEAM ACClSSIEILITT P A[I0 T.) T1u.O1,USIKA°X" IPNb fmX'm.wrP" T nrfeleETATvw TEAR T e C41.0. A PPAv.aT a TTY STAR mosrrcr f COS, Av. -am. AM,. uw.nnna rR$aSZT S0ATHIE,y7 Y =ray TwT iwE rmsr LXe cw.01WA VAT! CLOZ er.w F 0 - V U TITLE 24 COMPLIANCE . mu.Pm alit vv P.Ea A+ifA. µTOT+ 410 C.Oeer 60IATOM lr) S'0214AU{- 51[ L-Y[Ra rR APN: 561-222-2300 «n NE, few o .COAL anu,.,n, Lcue 004GLA, • Yx R LOT 41 O'SXI 11.11211.1. TIM ,, STATE <T Of WTaw eat, c,D Of MP ROAST ILL L. FILM 11.1 TM MIKE Of .1141 =M. P SW 21120 @aTy, Ntll i• R, 041G06Y KW . 61111120114 AT RR Icvn.ar 0111,21F- o IMP LT Tac. UYIRJ MGYr TO MT., LK Th LCRN amw DOT. all rtcr. Tad wv WO SWIMS,SWIMS,LM M]RM ;VW N.R. •.9 FUT TO Ulf T. rOMT OF c2& lai[2 f4TaaM r afx rINF CAT.y. YD ACT. TaC[ TO TIL Tyc TINT OF caatl•G, IYK 1141111.414 TPTYa 19 WARI i@T R 0.0.6% acvrw nml FCA T,TLr ReroA. roLew+man uxRmON KO. OATS A-O TIxR AND ASK9FTP'R MATTA NOT ROTTANc !lA • FRUIT DR. I/4/NA MOTL. O1-4Gn IA • (AKMTIO .W ROADS waz, 1211145 4 bpli q MRTp M NleAOGN - ay. Unde round Seesaw; C& TOIL FREE -800 422-4133 roomoi G0BOiWW av([uui5 0 3u1 JV0�• �0` " ,o�ENLARGED SITE PLAN Te \v. rt rwwm *Ca WMCT 2Cf wIM pIPVY 5uA SECTOR H' A41.fUTN 100. <MTENNA 7 a 5555 r 10555,05 .zc c55, n -. ..o . Svx. a. 55505Ar_.1. � x .Rol ARTS Too boil: n£ _ urM. NY[1 suo,E5 AOIS k B0111u 5Erra[+ro % A - TREE PLANTING / STAKING nI wow Tomo AT TOTS 8.05 As sOOD May 5ollo $hu 55romm Too a.a Buant 5550550 aIx V e aar0u wu ��,,SHRUB PLANTING otTOO STFRO,0145 coo: 5,55 FOR Poo, TT ALTATIK, IWO 5.B MOOD, MIT, Rum TO 5511015 v-RNASGAL N C T._Ac r4mmc—T _ c" . 51+e51.1u0 nook w 5-PIN HAL rI PHO TEN oA APgl., p .eaAr.4 g1nZ.4*� i 1 T orrncrw .uru. -. ws-" Z: rP Ao-am ramaT .q¢D �, •z .... Q =>wwlwaN m SANER OLE `Hw uwwl wA r-nmj a•Ka L 55/4 .nu MVO= cum, ve In St -LPN MCA ar�M M°w/. INTL RAN. ICAL OPLANTING PLAN! PLANT LIST / LEGEND SY455V fl,DTAN!CAI NAME COMMON NAME 9k RNARKS TREES nu PIN HAI PINOi HALEPCNSIS ALLEPO PINE 36140X STANDARD SHRUBS: LAN N! L M NEP LE P"10 RN FTHA !NO, ANIANA MONTEUIDENSIS I:ENNv U_EANRER °MRS ROEGNG PHORYIIUU TENAR 'SUNOONNER' kHAPN'ULEPIS JNOICA 'ENCHANTRESS ckouHucov:Rs PURPLE TRAILING LAN TAN A IGAL OLEANDER 504 NEW ZEALAND rLAx SGA. INDIA HANMORN U504:RU4 PANFOLIUM PROSTRATE MYOPCRUM NI. E. 5,005o JEEP TORT, CHIP MU..C+ N ALL PLANTING AREAS 2 JEEP RA55 CHIP MULCH AMIE ROWERS 52402E PINK SALMON COLOR GROA ALATS 121 0.0 SPACNG L_ ' • L ('JP R E4 SV3.3,1lf,V3 ; 4NIVari,c;) .‘40,,4 11,41100, kiaw ITEM #28 12/19/06 NATIONAL • CITY 'TRANSIT MONTHLY REPORT DECEMBER-06 PERFORMANCE DIVIDENDS MONTH NOV-05 OCT-06 NOV-06 Ridership: 141,971* 151,552 138,837* Passengers per mi. 3.66 3.86 3.74 Passengers per hr. 42.47 42.94 41.53 Revenue miles: 38,762 39,231 37,093 Revenue Hours: 3,343 3,530 3,343 Fare Box recovery 48.2% N/A** N/A** * One less weekday Service day -Thanksgiving ** Data delayed dtle to submission dates PERFORMANCE DIVIDENDS MONTH NOV-05 OCT-06 NOV-06 Road Calls 01 01 06 Preventable Accidents 0 0 0 Ramp deployments 639 520 472 Our on -time performance 93.8% 93.1% 90.6% Customer Complaints 0 02 01 Customer Compliments 0 02 0 Maintenance: NCT vehicles used 11,896 gallons of low sulfur diesel fuel in November. The average price per gallon was approximately $2.032 compared to $1.86 in October. NCT maintenance personnel performed 18 Preventative Maintenance Inspections (PMI's) and completed 35 minor repairs consisting of Front brake pads, wiper blades, window inserts, washer fill caps and mirror assembly. We also completed 07 major repairs consisting of radiator, front brake and air bags, and air compressor fans & drive pumps to our fleet vehicles in November. NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. I attended the recent California Transit Association Conference & Expo held in Long Beach, CA as well as a number of educational & operational workshops as part of this event that covered such subjects as "Local Security Preparedness", "Private Operators Roundtable", and "Bus to Bank -Fare Box practices". These sessions are a valuable resource for information on a number of important issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive and Foundation Boards as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. NCT is 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: December 6th, 2006 n P. Webster Sr. ice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Jan-06 ❑Feb-06 ❑Mar-06 ■Apr-06 ■May-06 ■Jun-06 ■Jul-06 ■Aug-06 ■Sep-06 ■Oct-06 ❑Nov-06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 29 MEETING DATE December 19, 2006 AGENDA ITEM NO. il-TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO1-: THE PERIOD OF 11/22/06 THROUGH 12/06/06 OF $782,154 Margarita Garcia fr PREPARED BY Associate Accountant DEPARTMENT CDC— Finance 619-336-4269 EXPLANATION See attached report. Environmental Review ✓ N/A Financial Statement Approved by: A, Tess Lim ueco, mnance Director Total expenditures for the period of 11/22/06 THROUGH 12/06/06 amount to $782,154. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 11/22/06 through 12/06/06 A-200 (9/80) Payee CDC DPRA INC. ROSENOW SPEVACEK GROUP INC. SAN DIEGO CLIPPING SERVICE SWEETWATER AUTHORITY UNITED STATES POSTAL SERVICE CHRISTENSEN SCHWERDTFEGER CITY OF NATIONAL CITY COPY POST PRINTING CORPORATE EXPRESS INC DEL VALLE, XAVIER FEDERAL EXPRESS LAW OFFICE OF DON DETISCH MCKENNA LONG & ALDRIDGE NATIONAL CONSTRUCTION RENTALS OPPER & VARCO LLP OVERLAND PACIFIC & CUTLER, INC POWER PLUS RAULSTON, BRADFORD RICK ENGINEERING COMPANY SAN DIEGO GAS & ELECTRIC THE STAR NEWS NUTRITION AIRGAS - WEST CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CULLIGAN WATER JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE SANCHEZ, MANUEL SIERRA SPRINGS SYSCO SAN DIEGO SYSCO SAN DIEGO "S `C t1ONSd'..k,' a `x a„S°r HOUSING ASSISTANCE PAYMENTS CORPORATE EXPRESS INC NISTI '1"fVJ REVOL FOR MEETING OF DECEMBER 19, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 11/22/06 -12/06/06 Description BROWNFIELD- PERIOD 2/25-3/24/06 PROFESSIONAL SERVICES—OCT 2006 CLIPPING SERVICES UTILITY CHARGES-500 E PLAZA/1820 G STREET BUSINESS REPLY RENEW PERMIT LEGAL SERVICES —PURPLE COW COASTAL DEV PERMIT —BAY MARINA DRIVE SURVEY OUTGOING POSTAGE CDC OFFICE SUPPLIES REIMBURSEMENT FOR EDUCATIONAL EXPENSES TRANSPORTATION —CONTRACTS FOR SIGNATURE LEGAL SERVICES FOR PARK VILLAGE LEGAL SERVICES -STADIUM PROJECT 2501 CLEVELAND EQUIPMENT RENTAL PARK VILLAGE/GENERAL SERVICES PARK VILLAGE - OCT 2006 EQUIP RENTAL —AQUATIC CENTER TRAVEL EXPENSE REIMBURSEMENT LANDSCAPE DESIGN —BAY MARINA DRIVE UTILITIES — 1202 & 1430 HIGHLAND AVE, 500 E. PLAZA; 830 W. 23RD PUBLIC NO'IUCES SUBTOTAL - CDC: HELIUM SMALL DINNER ROLLS MEAT PRODUCTS WATER SOF 1'ENER FOOD/CONSUMABLES MILK PRODUCTS UNIFORM SERVICES JANII ORIAL SUPPLIES SHARPENING SERVICES MILEAGE REIMB—OCT 2006 WATER FOOD/CONSUMABLES FOOD/CONSUMABLES onnalt MANUAL. PAYMENTS PAYROLL S8-OFFICE SUPPLIES �� 1e ky'fi's�nt PPE 11/20/2006 SUBTOTAL - NUTRITION: TOTAL - GENERAL FUND: TOTAL • SECTION 8: 14411111 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No Amount 16635 $2,511.30 16641 1,490.00 16642 76.50 16645 60.66 16648 960.00 16649 3,580.67 16650 3,739.00 16651 3,700.00 16652 74.53 16653 425.00 16654 17.56 16655 15,941.39 16656 8,017.55 16657 87.00 16658 12,682.55 16659 60.00 16660 195.00 16661 1,184.84 16662 12,662.47 16663 132.62 16664 276.75 $67,875.39 16631 $20.52 16632 327.85 16633 1,507.16 16634 155.80 16636 4,732.71 16637 322.85 16638 85.44 16639 715.43 16640 40.00 16643 52.96 16644 64.70 16646 2,725.63 16647 240.06 10294 $10,991.11 $78,866.50 13`aYD d �d $614,074.00 302.60 $614,376.60 1111403 $88,911.09 $882911.09 TOTAL OF ALL FUNDS: $782,154.19 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Decemher 19, 9006 AGENDA ITEM NO. 30 ITEM TITLE Approve an Exclusive Negotiation Agreement (ENA) with San Diego Habitat for Humanity for 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559-085-08), and authorize the Chairman to execute said Agreement. PREPARED BY DEPARTMENT QC Xavier Del Valle Community Development Commission Senior Project Manager EXPLANATION On October 17, 2006, the CDC Board directed staff to work with San Diego Habitat for Humanity to prepare plans to develop the HOME acquired parcels located at 1820 G Street and 1441 Harding Avenue. The proposed ENA shall remain in effect for 180-days and will provide the opportunity to assess the feasibility of developing an affordable single family residential project at 1441 Harding Avenue and a multi family residential project at 1820 G Street. The ENA also provides the Executive Director the discretion to extend the ENA for an additional 180-days, if necessary. Environmental Review CEQA is not applicable Financial Statement The CDC -owned parcels at 1820 G Street and 1441 Harding Avenue were acquired with HOME Federal funds at a cost of $875,000 (2004) and $400,000 (2003), respectively. An updated appraisal is necessary in order to determine the current fair market value of the subject parcels. Due to Habitat's status as a 501 (c) (3) non-profit corporation, the proposed ENA specifies that the CDC shall assist Habitat for the costs associated with evaluating the condition of the site and assessing project feasibility. These costs include preparing preliminary title reports and appraisals, performing financial feasibility analysis, and preparing and processing any land use applications and environmental studies and reports associated with the project. The aforementioned costs shall not exceed $25,000, and shall be paid for out of Project Area Housing Funds. / STAFF RECOMMENDATION Approve an Exclusive Negotiation Agreement (ENA) with San Diego Habitat for Humanity for 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559-085- 08), and authorize the Chairman to execute said Agreement ATTACHMENTS 1. Background Report 2. Resolution 3. Exclusive Negotiation Agreement Resolution No. 4. Conceptual Site Plans A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY FOR 1820 G STREET (APN 560-233-06) AND 1441 HARDING AVENUE (APN 559-085-08 WHEREAS, the Community Development Commission of the City of National City (CDC) implements the National City Redevelopment Plan; and WHEREAS, the National City Redevelopment Plan calls for the revitalization of underutilized properties such as 1820 G Street and 1441 Harding Avenue; and WHEREAS, San Diego Habitat for Humanity, is a qualified and experienced Community Housing Development Organization (CHDO) that is interested in acquiring and developing the subject parcels; and WHEREAS, an Exclusive Negotiating Agreement has been proposed which provides San Diego Habitat for Humanity the opportunity to assess the feasibility of developing a single-family residential project at 1441 Harding Avenue, and a multi -family residential project at 1820 G Street. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Exclusive Negotiation Agreement with San Diego Habitat for Humanity for 1820 G Street (APN 560-233-06) and 1441 Harding Avenue (APN 559-085-08). PASSED and ADOPTED this 19th day of December 2006. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT On October 17, 2006, the CDC Board directed staff to work with San Diego Habitat for Humanity to prepare plans to develop the HOME acquired sites located at 1820 G Street (15,246- sf) and 1441 Harding Avenue (8,712-sf). Habitat is a qualified and experienced Community Housing Development Organization (CHDO), and has previously partnered with the City in developing affordable for -sale units, such as the three single family residences at 1401, 1409, and 1410 Sheryl Lane. The units were made available to working class families earning no more than 50% of the area median income. The Redevelopment Plan for the National City Redevelopment Project Area calls for the revitalization of underutilized properties such as 1820 G Street and 1441 Harding Avenue. The proposed Exclusive Negotiation Agreement (ENA) with Habitat shall remain in effect for 180- days, and will provide the opportunity to assess the feasibility of developing an affordable single family residential project at 1441 Harding Avenue, and a multi family residential project at 1820 G Street. Attachment 4 of this report provides a conceptual site plan for the subject parcels. Within the first 120-days of the ENA period, Habitat shall undertake due diligence activities, including site investigation and the timely submission of a development program. Habitat shall also submit a design concept plan for CDC consideration. Upon CDC acceptance of the design concept plan, Habitat will have the ability to prepare and process with the City any necessary land use applications and environmental studies. During the remaining 60-days, the CDC shall negotiate with Habitat to attempt to finalize a Disposition and Development Agreement (DDA) for the subject parcels. If at the end of the ENA period, Habitat and the CDC have not agreed to the terms with the DDA, the ENA shall automatically terminate. However, the CDC Executive Director has the discretion to extend the ENA for an additional 180 days to complete DDA negotiations, land use approvals, and environmental studies, if the Executive Director determines additional time is necessary. EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And SAN DIEGO HABITAT FOR HUMANITY THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "AGREEMENT") is entered into this 19th day of December 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and SAN DIEGO HABITAT FOR HUMANITY, a 501 (c)(3) non-profit corporation (hereafter referred to as "DEVELOPER"), on the terms and provisions set forth below. RECITALS WHEREAS, the CDC currently owns certain real property at 1441 Harding Avenue (Assessor Parcel Number 559-085-08) and 1820 G Street (Assessor Parcel Number 560-233-06), in National City, CA as further described herein (hereafter referred to as "S11E"); and WHEREAS, on October 17, 2006, the DEVELOPER was selected by the CDC as the preferred developer for the Sfl'h; and WHEREAS, the DEVELOPER is interested in purchasing the SITE from the CDC and preparing plans to develop an affordable "for sale" single family residential housing development upon the SITE located at 1441 Harding Avenue, ,and an affordable "for sale" multi family residential housing development upon the SHE located at 1820 G Street (hereafter referred to as "PROJECT"); and WHEREAS, prior to any sale and conveyance of the SIZE to the DEVELOPER, CDC shall ensure that the SHE is clear and vacant of all structures; and WHEREAS, the CDC and the DEVELOPER desire to enter into this AGREEMENT to initiate exclusive negotiations for up to one hundred and eighty (180) days (hereafter referred to as `EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) complete a PROJECT Design Concept; (iii) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; (iv) negotiate the purchase price of the SITE; and (v) negotiate a Disposition and Development Agreement (hereafter referred to as "DDA"). NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: SDCA_280013.2 1 I. SITE The SHE constitutes the real property that is the subject of this AGREEMENT. The SI1'h is located at 1441 Harding Avenue (Assessor Parcel Number 559-085-08), and 1820 G Street (Assessor Parcel Number 560-233-06) in National City, CA. The SITE at 1441 Harding Avenue consists of a lot of approximately 8,712 square feet, and the SITE at 1820 G Street consists of a lot of approximately 15,246 square feet. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereafter referred to as "COMMENCEMENT DATE") and shall last for one hundred and eighty (180) days thereafter. B. First Negotiation Period During the first one -hundred twenty (120) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "FIRST NEGOTIATION PERIOD"), the DEVELOPER and CDC shall meet regularly, in good faith, and jointly formulate a plan to develop the PROJECT (hereafter referred to as "DEVELOPMENT PROGRAM"). The Development Program shall include and delineate the following elements: 1. The type and scope of the PROJECT; 2. The interface of a phased development with the complete build out of the SITE; 3. Required on and off -site infrastructure improvements; 4. Project, infrastructure, and state and local regulatory requirement costs; 5. Funding responsibilities and sources for the PROJECT; 6. The parties/entities responsible for the various Project development activities; and 7. A detailed Project development schedule. C. Due Diligence Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPER, as applicable, shall conduct their respective due diligence activities, including but not limited to: 2 SDCA_280013.2 1. DEVELOPER'S timely delivery and submission to the CDC of sufficient evidence that the DEVELOPER is financially viable and has the required equity and financing to complete Sl'1E development; 2. DEVELOPER'S timely review of preliminary title report information prepared for the SITE; 3. DEVELOPER'S timely investigation of the S11'E. In conjunction therewith, and subject to the DEVELOPER receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPER and its consultants and agents shall have the right to enter upon the SITh to conduct tests, studies, and investigations pursuant to an Right of Entry Agreement, the form of which is attached hereto and incorporated herein as Exhibit 1; and 4. DEVELOPER'S timely submission of the Development Program to the CDC for review and comment. D. Design Concept Plan Submission/Entitlements/Environmental Review By the end of the FIRST NEGOTIATION PERIOD, DEVELOPER shall submit its Design Concept Plan for the PROJECT, including a Site Plan, Floor Plans, Exterior Elevations and Project Description and elevations, for review and consideration of acceptance by the Board of Directors of the CDC (hereafter referred to as "CDC BOARD"). Upon the acceptance of the Design Concept Plan by the CDC BOARD, the DEVELOPER shall begin the process of preparing with the City any necessary land use entitlements, and shall complete environmental studies and reports for the PROJECT. E. DDA Following Design Concept Plan acceptance by the CDC BOARD, and the close of the FIRST NEGOTIATION PERIOD, the CDC agrees to negotiate exclusively with the DEVELOPER for the remaining sixty (60) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. If, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the CDC's Executive Director, in his sole discretion, may extend the Negotiation Period for up to an additional one hundred and eighty (180) days to complete DDA negotiations, begin the process of preparing any necessary land use entitlements, and complete environmental studies and reports, if the CDC's Executive Director determines additional time is reasonably required. 3 SDCA_280013.2 F. Execution of DDA After the DEVELOPER and the CDC agree upon the DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended for up to an additional ninety (90) days at the discretion of the CDC's Executive Director, or its acting Director (hereafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; and 2. Process Site development, environmental and entitlement applications through the City's Planning Commission and City Council. The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and in such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. The parties understand that final accord on all issues may not be reached. It is also understood that, (1) neither party is under any obligation to reach agreement on the Sfl'h purchase price and/or DDA, and (2) the CDC reserves the right to approve or reject a DDA, the Project, or any disposition of the S11h, in its sole discretion, as more particularly set forth in Part IV of this AGREEMENT. G. CDC and Developer Obligations During the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPER obligations shall include, but not be limited to, the following: 1. CDC Obligations a. Provide the DEVELOPER with documents in the CDC's possession that would assist the DEVELOPER with the due diligence activities described in this AGREEMENT; b. Costs to perform certain tests, studies, and analyses necessary to evaluate the condition of the SITE and assess PROJECT feasibility. These shall include costs for creating design concepts, preparing preliminary title reports, appraisals and a Phase I report, performing financial feasibility analysis, and preparing and processing any land use applications and environmental studies and reports associated with the PROJECT. c. Upon acceptance of the Development Program and verification of DEVELOPER financial commitments to 4 SDCA_280013.2 both purchase and develop the PROJECT, prepare a first draft of a DDA. d. The CDC's financial obligation under this Agreement shall not exceed $25,000. 2. Developer Obligations a. Use its best efforts to investigate the SII'h; b. Submit site plans, elevations, schematic drawings, detailed Project development costs, Project pro formas for Site improvements as well as a pro forma summarizing the total Project and respective returns and other documents necessary for CDC and City review; and c. Submit proof of adequate funding or funding commitments for the PROJECT. III. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all development costs incurred by the DEVELOPER prior to DDA approval and execution shall be absorbed entirely by DEVELOPER with the exception of the costs specified under Section II G (1)(b) of this AGREEMENT. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcel comprising the SITE shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. 5 SDCA_280013.2 C. No Pre -Commitment by the CDC By its execution of this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the S11'1✓; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property or any other property interest; or any other such activity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. IV. THE DEVELOPER A. Developer Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, employees, partners, and joint ventures. B. Offices of the Developer The principal offices of DEVELOPER are located at: San Diego Habitat for Humanity 10222 San Diego Mission Road San Diego, CA 92108 The Project Manager for the DEVET OPER will be: Cheryl Keenan, Executive Director Other prime developers, employees, consultants, or representatives who are proposed to be directly involved in the Project will be determined by DEVELOPER and submitted to the CDC upon any such determination. C. Full Disclosure The DEVELOPER shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent information concerning the DEVELOPER. 6 SDCA_280013.2 D. Assignment The DEVELOPER without prior written approval of the CDC may not assign this AGREEMENT. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign its rights under this AGREEMENT to a corporation, trust, or partnership of which the DEVELOPER owns the majority beneficial interest and operational control. E. Progress Reports The DEVELOPER agrees to provide written reports advising the CDC on progress and/or problems with the proposed development every thirty (30) days during the term of the AGREEMENT. V. ENVIRONMENTAL REQUIREMENTS The DEVELOPER at CDC's expense shall prepare all necessary environmental documents as required by the California Environmental Quality Act (public Resources Code Section 21,000 et seq.) and local regulations, for certification by the City. The DEVELOPER agrees to cooperate with the City and the CDC, as requested, to help determine the environmental impact of the proposed development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE. VI. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPER. VII. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede any conflicting provisions of this Paragraph A.1. Such legal actions must be instituted and maintained in the Superior Court of the County of San Diego, State of California, or in any other appropriate court in that county. 2. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. 7 SDCA_280013.2 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII, the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the terms of this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attorney's Fees If either party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. If either party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGREEMENT. As used herein, the term "attorney' s fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to 8 SDCA_280013.2 have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPER. F. Indemnity The DEVELOPER shall indemnify, protect defend and hold harmless the CDC and the City and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from DEVELOPER'S negligent acts, errors, or omissions with respect to its obligations hereunder or the SITE, excluding any such losses arising from the sole negligence or sole willful misconduct of the CDC or the conduct of third parties outside the control of the DEVELOPER. This indemnity obligation shall survive the termination of this AGREEMENT. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this AGREEMENT, DEVELOPER shall have the option to terminate this AGREEMENT in lieu of its indemnity obligation. G. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPER shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: 9 SDCA_280013.2 To CDC: With copy to: To Developer: Community Development Commission of National City (CDC) Attn: Brad Raulston, Executive Director 1243 National City Boulevard National City, CA 91950-4301 City of National City Attn: George Eiser, City Attorney 1243 National City Boulevard National City, CA 91950-4301 San Diego Habitat for Humanity Attn: Cheryl Keenan, Executive Director 10222 San Diego Mission Road San Diego, CA 92108 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. H. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. I. Interpretation The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. J. Entire Agreement, Waivers, and Amendments This AGREEMENT. integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. 10 SDCA_280013.2 K. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. N. Severability In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVELOPER'S obligations under this AGREEMENT. P. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPER to the CDC with respect to the SUE, the PROJECT or the DEVELOPER may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary and confidential in nature, the CDC agrees to exercise its best efforts to keep such information confidential. IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. 11 SDCA_280013.2 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SAN DIEGO HABITAT FOR HUMANITY By: By: Ron Morrison, Chairman Cheryl Keenan, Executive Director A'1'1'hST: By: Brad Raulston, Secretary APPROVED AS TO FORM: By: George Eiser, III CDC Counsel Dated: 12 By: SDCA_280013.2 EXHIBIT 1 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT (hereafter referred to as "Agreement") is made and entered into as of December 19, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and SAN DIEGO HABITAT FOR HUMANITY, a 501 (c)(3) non-profit corporation (hereafter referred to as "Developer"), with respect to the following: RECITALS A. The CDC and the Developer have entered into an Exclusive Negotiate Agreement, dated as of December 19, 2006, for the negotiation of a disposition and development agreement with respect to certain real property in the City of National City known as Assessor Parcel Number 559-085-08 and 560-233-06, (hereafter referred to as "Property"). B. The Developer desires to perform certain predevelopment work consisting of certain tests, studies, and analyses necessary to evaluate the condition of the Property (hereafter referred to as "Predevelopment Work"). C. The CDC wishes to accommodate the Developer's desire to commence the Predevelopment Work on the Property by granting a right of entry to Developer upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Developer and CDC do hereby agree as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the CDC hereby grants to Developer and its employees, agents and contractors the nonexclusive right to enter upon the Property to perform the Predevelopment Work, and for no other purposes without the prior written approval of the CDC's Executive Director or his designee. This Agreement shall automatically terminate and expire one hundred and eighty (180) days from the date of this Agreement. The term of this Agreement may be extended at the sole and absolute discretion of the CDC Executive Director or his designee for an additional period not to exceed thirty (30) days. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other interest in the Property to the Developer. 2. Agreement. By execution of this Agreement, Developer agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That Developer will not permit any dangerous condition to be created on the Property. -1- Exhibit 1 SDCA_280013.2 (b) That all acts and things done by Developer on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) That Developer enters the Property entirely at its own cost, risk and expense. (d) That prior to the Developer's entry upon the Property and during the period of this Agreement, there shall be in effect and shall provide satisfactory evidence to the CDC of the following: a. Workers' compensation insurance as required by law; b. Commercial general liability insurance written on an occurrence basis, with a combined single limit of at least One Million Dollars ($1,000,000) consisting of both bodily injury and property damage coverage; and c. Automobile liability insurance, including liability for all owned, hired and non -owned vehicles, with minimum limits of One Million Dollars ($1,000,000) for bodily injury per person, One Million Dollars ($1,000,000) property damage and One Million Dollars ($1,000,000) combined single limit per occurrence. CDC of National City shall be named as an additional insured under the commercial general liability policy. (e) That Developer shall not permit any mechanics', material men's or other liens of any kind or nature (hereafter referred to as "Liens") to be filed or enforced against the Property in connection with the Predevelopment Work. Developer shall indemnify, defend and hold harmless CDC from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. CDC reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non -responsibility or other notice as may be desirable to protect CDC against liability. In addition to, and not as a limitation of CDC's other rights and remedies under this Agreement, should the Developer fail, within ten (10) days of written request from CDC, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless CDC from and against any loss, damage, injury, liability or claim arising out of a Lien, then CDC, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CDC by the Developer upon written demand. (f) That Developer shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to -2- Exhibit 1 SDCA_280013.2 this Agreement. Developer shall, at the written request of the CDC, leave the Property in a condition that does not create an unreasonable risk of harm to the public. (g) The Developer shall take all necessary precautions to prevent the import and/or release into the environment of any hazardous materials, which are imported to, in, on or under the Property during the performance of the Predevelopment Work. If hazardous materials are imported onto the Property as a result of the performance of the Predevelopment Work, the Developer shall be solely responsible for removing such imported hazardous materials in conformance with all Governmental Requirements. The Developer shall report to the CDC, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3. Indemnity. Developer hereby agrees to defend, indemnify and hold the CDC and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs and expenses) arising frou_nr attributable to the activities of Developer or any of its employees, agents, consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of the Developer. 4. Miscellaneous. (a) Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. (b) Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. (c) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (d) Non -Liability of Public Officials. No officer, employee, member, agent or representative of the CDC shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the CDC, or for any amount which may become due to Developer or its successor, or for any breach of any obligation of the terms of this Agreement. -3- Exhibit 1 SDCA_280013.2 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. CDC: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: Brad Raulston, Executive Director DEVELOPER: SAN DIEGO HABITAT FOR HUMANITY By: Cheryl Keenan, Executive Director By: -4- Exhibit 1 SDCA_280013.2 20ALLE� 1131 4 a Zs'_ 100/ 18th STREET VAN !� 1 RAY 22' 18 SAGES 9xf61 2 cuES` 5P,A 4,FF srr� A SITE PLAN I"'=20' LONGITUDINAL SECTION I 30" CROSS SECTION r,3O" FRONT ELEVATION I'=20' END ELEVATION f'=20 Habitat for Humanity San Diego, Inc. Development Proposal NATIONAL CITY 1820 G AVE. 14,735 sf PARCEL 8 UNIT 2 STORY CONDO 3+ BR 1250 sf ea. Building first floor 5000 sf landscape/hardscapc 3750 5f Parking, drives, trash 5625 sf 35% cover 26% cover 39% cover J.T. Brandt, Architect 33252 Palo Alto St. Dana Point, Ca. 92629 L SEE 2/A-2 SEE (-Thi SITE PLAN 70 SCALE r7 115* —0* '-4-1115' —0* f,T 115-C* 1441 Harding Avenue 1 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 31 ITEM TITLE A resolution approving a Relocation Plan for the Park Village project. PREPARED BY Patricia Beard Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION On February 22, 2005 the Community Development Commission ("CDC") approved an Owner Participation Agreement with the Beauchamp Family Trust (subsequently assigned to AARB, LLC) for development of the Park Village project. California Relocation Assistance Law, California Code of Regulations Section 7260 et. seq. and the California Code of Regulations, Title 25, Chapter 6 require a relocation advisory program to determine the needs and preferences of persons, non -profits or commercial operations to be displaced by a redevelopment project, to provide current and continuing information on the availability and prices of comparable locations, to inform all eligible people of the availability of relocation assistance and benefits, and to assist each eligible person or business to obtain and become established in a suitable replacement location. On September 15, 2006 Overland Pacific & Cutler, Inc, CDC's relocation consultant, mailed copies of the proposed Relocation Plan and 30-day Advisory Notice to each occupant of the project. The 30-day review period ended on October 16, 2006, with no comments received. Environmental Review The Relocation Plan is not subject to review under the California Environmental Quality Act ("CEQA"). Financial Statement Estimated relocation costs associated with the Park Village project are estimated to cost $500,000 to be paid, in full, by the developer — AARB, LLC. Costs of preparing the plan and providing relocation assistance services - $40,250 — will also be paid by the developer. Account No STAFF RECOMMENDATION Approve the relocation plan. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Notice 2. Relocation plan Resolution No. A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A RELOCATION PLAN FOR THE PARK VILLAGE PROJECT WHEREAS, on February 22, 2005, the Community Development Commission approved an Owner Participation Agreement with the Beauchamp Family Trust to develop the Park Village project within the National City Redevelopment Project area; and WHEREAS, development of the Park Village project will displace a non-profit organization and five commercial businesses; and, WHEREAS, California Relocation Assistance Law, California Code of Regulations Title 25 Section 7260 et seq.and the California Code of Regulations, Title 25, Chapter 6 require a regulatory advisory program: ■ To determine the needs and preferences of persons, non -profits or commercial operations to be dislocated by a redevelopment project, • To provide current and continuing information on the availability and prices of comparable locations, • To inform all eligible people of the availability of relocation assistance and benefits, and • To assist each eligible person or business to obtain and become established in a suitable replacement location; and WHEREAS, written notice has been provided to eligible persons, non -profits and businesses as provided by State laws; and WHEREAS, the Relocation Plan attached to this Resolution complies with State guidelines for the relocation of persons, non -profits and businesses that will be displaced by the Park Village project; NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Relocation Plan for the Park Village project. PASSED and ADOPTED this 19th day of December, 2006. ATTEST: Brad Raulston, Secretary Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Park Village Project Relocation Plan Prepared for Community Development Commission of the City of National City By Overland, Pacific & Cutler, Inc. 3170 4th Ave., 2" Floor San Diego, CA 92103 (619) 688-7980 August 30, 2006 INTRODUCTION 1 PROJECT AREA DESCRIPTION A. THE REGIONAL LOCATION B. PROJECT SITE LOCATION 3 3 4 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS 5 II. ASSESSMENT OF RELOCATION NEEDS 6 A. METHODOLOGY 6 B. FIELD SURVEY DATA 6 III. BUSINESS RELOCATION RESOURCES 8 A. METHODOLOGY 8 B. REPLACEMENT BUSINESS SITE AVAILABILITY 8 1. Commercial Sites 8 2. Loss of Goodwill 9 C. RELATED ISSUES 10 1. Language 10 2. Temporary Relocation 10 IV. THE RELOCATION PROGRAM 11 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES 11 B. RELOCATION ADVISORY ASSISTANCE 1312 C. RELOCATION BENEFITS D. GENERAL INFORMATION ON PAYMENT OF RELOCATION 16 BENEFITS 17 E. RELOCATION TAX CONSEQUENCES 17 F. GRIEVANCE PROCEDURES 17 G. EVICTION POLICY 18 H. CITIZEN PARTICIPATION 19 I. PROJECTED DATES OF DISPLACEMENT 19 J. ESTIMATED RELOCATION COSTS TABLE 1: 2000 Census Population - City of National City & Tract 114 5 TABLE 2: 2000 Census Housing Units - City of National City & Tract 114 5 TABLE 3: Business Sites by Type 6 TABLE 4: Business Ownership Types 7 TABLE 5: Project Business Employment 7 TABLE 6: Availability and Cost of Commercial Space For Lease 8 TABLE 7: Availability and Cost of Commercial Sites For Sale 9 EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: Representative Project Area Photographs Sample Business Interview Form Business Informational Brochure Public Comments and Response The Community Development Commission of the City of National City (the Agency) entered into an Owner Participation Agreement with the Beauchamp Family Trust (the Developer) to participate in acquisition, remediation, and disposition to the Developer of commercial property located at the northwest corner of 11th Street and National City Boulevard in the City of National City for the construction and development of Park Village complex (the Project). The proposed development will offer 227 residences including live/work lofts, townhome suites, a high-rise residential tower and ground floor retail shopping, all surrounding community friendly landscaped public plaza areas. The 24 story condominium tower will offer panoramic views of the Pacific Ocean, Downtown San Diego, Coronado Island and the famous Coronado Bridge to the west, Mount Laguna to the east, and lit hills of Mexico at night to the south. The proposed property acquisition, which is planned as part of the Project and encompasses an entire City block (approximately 1.45 acres), will potentially cause the displacement of six business occupants. Representative photographs of current business occupants are included as Exhibit A. Overland, Pacific & Cutler, Inc. (OPC), an experienced relocation firm, has been selected to prepare this Relocation Plan (the Plan), and provide all subsequent relocation assistance. Funding for the Project comes from Developer funds and possibly Tax Increment funds. In compliance with statutory requirements, the Plan has been prepared to evaluate the present circumstances, and replacement requirements of potential Project displacees and, further, has been prepared in accordance with the provisions of the California Health and Safety Code, Sections 33411 and 33411.1; the California Relocation Assistance Law, California Government Code, Section 7260 et seq.; and the California Code of Regulations, Title 25, Chapter 6. It is important to be aware that the preparation of the Plan fulfills an administrative requirement but does not, by itself, constitute a commitment to proceed with the Project or the eligibility for relocation assistance or benefits. The Plan addresses the following: 1. A description of the Project area and specific Project site (SECTION I); 2. An assessment of the aggregate relocation needs of businesses, which may be displaced as a result of the Project, including survey methods and results (SECTION II); Overland, Pacific & Cutler, Inc. Page 1 Relocation Plan for the Park Village Project - National City, California 3. An assessment of the availability of suitable replacement business sites within National City and surrounding communities (SECTION III); and 4. The steps and procedures that the Developer will follow to ensure a fair and equitable relocation program (SECTION IV). Overland, Pacific & Cutler, Inc. Page 2 A. THE REGIONAL LOCATION The Project is located in the City of National City, within the County of San Diego, approximately five miles southeast of downtown San Diego and 10 miles north of the International Border with Mexico. National City is easily accessible by State Route 54 and Freeways 1-5 and 1-805. National City is bordered by the communities of Chula Vista, Lincoln Acres, San Diego and the United States Naval Station. (See Figure 1: Regional Project Location) Figure 1: Regional Project Location Overland, Pacific & Cutler, Inc. Page 3 Relocation Plan for the Park Village Project - National City, California B. PROJECT SITE LOCATION The proposed Project site is located at the northwestern corner of 11 `h Street and National City Boulevard, and it encompasses approximately 1.45 acres. The Project is generally bounded by West Plaza Boulevard on the north, National City Boulevard on the east, Roosewelt Avenue on the west and West 11th Street on the south. (See Figure 2: Project Site Location) Figure 2: Project Site Location Overland, Pacific & Cutler, Inc. Page 4 Relocation Plan for the Park Village Project - National City, California C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS According to the 2000 U. S. Census, the population of the City of National City is 54,260 and the population of the impacted Census Tract 114 is 4,310 (see Table 1). Corresponding Census data conceming the housing mix is shown in Table 2. Source: U.S. Census Bureau, Race, Hispanic or Latino, and Age: 2000 482 106 353 23 0 12 6 0 5 100.0% 22.0% 73.2% 4.8% 0.0% 52.2% 26.1% 0.0% 21.7% 15,422 5,250 9,768 404 29 231 41 100.0% 34.1% 63.3% 2.6% 7.2% 57.2% 10.1% 16 87 4.0% 21.5% Source: U.S. Census Bureau, General Housing Characteristics: 2000 Overland, Pacific & Cutler, Inc. Page 5 A. METHODOLOGY To obtain information necessary for the preparation of this Plan, personal interviews with the Project site business owners were conducted during the months of July and August 2006. Interviewers were successful in contacting four of six business owners. Multiple attempts to meet with and obtain key information from the remaining two businesses were unsuccessful. Survey questions of business owners concerned existing conditions such as type of business, type of occupancy, lease/rental and income information, description and size of current operations, any special requirements, and area/facility preferences for replacement locations. A sample interview form can be found in Exhibit B, located in the back of this report. B. FIELD SURVEY DATA There are six businesses operating within the Project. The information given below is based on personal interviews conducted with four of those businesses. A breakdown of the types of businesses, the numbers of each type of business, the estimated aggregate square footage occupied by the type of business, and the approximate total square footage occupied by the type of business is detailed in Table 3, below. Type of Establishment No. of Estab. Sq. Ft. Total Usage* Avg. Sq. Ft. per Unit Auto Sales 2 41,250 20,625 Service Provider 1 1,950 1,950 Industrial/Repair 1 16,800 16,800 Auto Repair 1 6,250 6,250 Youth Athletic Center 1 6,250 6,250 TOTAL 6 includes utilized open yard area (especially for auto sales) The limited information on businesses not surveyed was obtained by field observation or from public property title reports. Overland, Pacific & Cutler, Inc. Page 6 Relocation Plan for the Park Village Project - National City, California Of the three businesses that reported their lease information, they are paying a median lease rate of $0.77 per square foot. Community Youth Athletic Center owns their facilities. Ownership types among the surveyed businesses are shown in Table 4, below: Sole Proprietorships Partnerships Corporations (including Non-profit) Unspecified/Unknown 2 0 2 2 The total reported employment base of the four businesses is 18 full and part-time, permanent and temporary employees. Table 5, below, shows a breakdown of the varying employment bases with the number of businesses that have the corresponding number of employees for that employment base. Type of Establishment Number of Employees Auto Sales (1 respondent) 6 Service Provider 5 Industrial/Repair 1 Auto Repair 4 Youth Athletic Center 2 TOTAL: 18 Of the four respondent businesses that indicated a Iocational preference, the majority desired to reestablish in the same general National City area. Besides the locational preference, certain business owners expressed preference regarding the time of move and for the replacement sites to have high visibility and similar square footage as their current sites. Overland, Pacific & Cutler, Inc. Page 7 While there is no specific requirement under current Relocation Law that alternate relocation sites be made available to commercial businesses at the time of displacement, the Developer is committed to making every effort to satisfactorily relocate all concerns. A. METHODOLOGY To determine the availability of commercial sites prior to the displacement of occupants from the Project area, resources were researched through the following sources: - Internet sources; - Telephone and field contact with commercial brokerages serving the area. B. REPLACEMENT BUSINESS SITE AVAILABILITY 1. Commercial Sites The project area includes a total of six commercial uses, all zoned for commercial - retail. The research that was performed to analyze likely relocation opportunities focused on actual space availability in National City and surrounding areas within a five -mile radius from the Project. 2 1,100 - 3,670 13,000 - 18,150 1,405 - 7,387 6,250 - 28,314 $1.40 - $3.50 ($2.50) $0.58 - $0.95 ($0.58) $0.85 - $1.40 ($1.25) $0.20 - $0.30 ($0.25) Survey results indicate an abundance of small and large retail space throughout commercial corridors of National City and surrounding communities. The large lots suitable for auto sales, however, will represent a challenge in the immediate vicinity Overland, Pacific & Cutler, Inc. Page 8 Relocation Plan for the Park Village Project - National City, California to the current location. Table 6, above, represents the available space and price range per property type. In addition to the properties for lease presented in the table above, the survey identified six possible replacement sites for sale, one for each current occupant based on their needs and type of business. Table 7, below, outlines these properties and listing prices. 1 1 1 1 1 1,500 (5,000) 2,000 (9,600) 14,796 (13,000) 1,938 (18,730) 0 (10,090) 5,600 (5,600) $350.00 $482.50 $115.00 $644.99 $85.00 $169.64 2. Loss of Goodwill Goodwill consists of the benefits that accrue to a business as a result of its location; reputation for dependability, skill or quality; and, any other circumstances resulting in probable retention of old, or acquisition of new patronage. Claims for loss of goodwill are not compensable under the statutory provisions related to relocation assistance. Where claims are anticipated, State law (California Code of Civil Procedure Section 1263.510) requires business owners to prove all of the following: (1) The loss is caused by the taking of the property; (2) The loss cannot reasonably be prevented by relocation of the business, or by taking steps and adopting procedures that a reasonably prudent person would take to preserve the goodwill; and, (3) The compensation for the loss has not been included as a relocation payment, or duplicated in compensation otherwise awarded to the owner. Overland, Pacific & Cutler, Inc. Page 9 Relocation Plan for the Park Village Project - National City, California C. RELATED ISSUES 1. Language Relocation assistance information will be provided in English or the language used by the business owners. All written communication will be provided in the language needed, or an interpreter will be provided in order to assure that all business owners obtain a complete understanding of the relocation program and available benefits. 2. Temporary Relocation No need for temporary relocation is anticipated. Overland, Pacific & Cutler, Inc. Page 10 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES The relocation program to be implemented by the Developer will conform with the standards and provisions of the State of California Relocation Assistance Law, Government Code, Section 7260, et seq., and the California Code of Regulations, Title 25, Chapter 6. The program objectives will be as follows: 1. To fully inform eligible Project occupants of the nature of, and procedures for, obtaining relocation assistance and benefits; 2. To determine the needs of each displacee eligible for assistance; 3. To provide continuously updated referrals to potential replacement sites within a reasonable time prior to displacement and assure that no commercial occupant is required to move without a minimum of 90 days written notice to vacate; 4. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 5. To supply information conceming federal and state programs and other governmental programs providing assistance to displaced persons; 6. To assist each eligible business to complete applications for benefits; 7. To make relocation benefit payments in accordance with State of California guidelines; 8. To inform all persons subject to displacement of the Developer's policies with regard to eviction and property management; and Overland, Pacific & Cutler, Inc. Page 11 Relocation Plan for the Park Village Project - National City, California 9. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Developer's decisions with respect to relocation assistance. B. RELOCATION ADVISORY ASSISTANCE Overland, Pacific & Cutler, Inc. (OPC) has been retained by the Agency to assist the Developer in the administration of its relocation program. OPC will work closely with the Developer/Agency staff. The Developer/Agency staff will provide final approvals, or otherwise, of all OPC recommendations. Every reasonable effort will be made to ensure that the relocation of businesses occurs with a minimum of delay and hardship. The following specific services will be provided: 1. Each business located in the Project area will be personally interviewed to gather information appropriate to the determination of needs and preferences regarding replacement of existing facilities. Inquiries made of business owners will cover the following areas: zoning requirements, special site needs, and Iocational preferences related to reestablishment of the business operation; 2. A printed Informational Brochure (see Exhibit C) will be provided to all displaced businesses. Informational Brochures will be provided in the business owner's language should that be subsequently deemed necessary. Signed acknowledgments will be obtained to verify receipt of this material; 3. Transportation will be provided, if necessary, for any displaced occupant to inspect replacement sites within the local area; 4. Assistance will be offered to all displacees in connection with arrangements for the purchase of real property, obtaining required business permits or licenses, the filing of claim forms to request relocation benefits from the Developer and to obtain services from other public agencies; 5. Special assistance in the form of referrals to governmental agencies will be made, if requested; Overland, Pacific & Cutler, Inc. Page 12 Relocation Plan for the Park Village Project - National City, California 6. Among the other resources which may be utilized in providing needed assistance are the following: (a) Community Development Commission of the City of National City (b) Small Business Development and International Trade Center (c) Small Business Administration (d) SCORE (e) National City Chamber of Commerce C. RELOCATION BENEFITS Relocation benefits will be provided in accordance with the provisions of the State of Califomia Relocation Law, Government Code Section 7260 et seq., Title 25, Chapter 6, and Relocation Assistance and Real Property Acquisition Guidelines. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the Developer's approved procedures. Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of personal interviews.and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance. Payments To Businesses Pursuant to the requirements of California Relocation Law, eligible businesses may receive a relocation payment to cover reasonable cost of moving. They may choose either (1) a payment for actual reasonable and necessary moving and related expenses, or (2) a fixed payment not to exceed $20,000. a. Payment for Actual Reasonable and Necessary Moving and Related Expenses. This payment may include the following: • Transportation of persons and property from the present location to the replacement location (transportation costs are limited to a distance of 50 miles); Overland, Pacific & Cutler, Inc. Page 13 Relocation Plan for the Park Village Project - National City, California • Packing, crating, uncrating, and unpacking personal property; • Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. This includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; Storage of personal property for up to 12 months, at the Developer's discretion; • Insurance of personal property while in storage or transit and the replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person) in the process of moving, where insurance is not readily available; • Subject to certain limitations, any license, permit, or certification required by the displaced business, to the extent that the cost is necessary for reestablishment at the replacement location; • • • Subject to certain limitations, reasonable and pre -authorized professional services, including architects', attorneys', engineers' fees, and consultants' charges, necessary for: (1) planning the move of the personal property; (2) moving the personal property; or (3) installing the relocated personal property at the replacement location; Subject to certain limitations, the purchase and installation of substitute personal property limited to the lesser of: (1) the estimated cost to move the item to the replacement location; or (2) the replacement cost, less any proceeds from its sale; Subject to certain limitations, modifying the machinery, equipment or other personal property to adapt it to the replacement location or to utilities available at the replacement location or modifying the power supply; Actual direct losses of tangible personal property resulting from moving or discontinuing a business, not -to -exceed the lesser of: (1) the fair market value of the property for continued use at its location prior to displacement; Overland, Pacific & Cutler, Inc. Page 14 Relocation Plan for the Park Village Project - National City, California or (2) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Developer, subject to certain limitations; • Actual and reasonable expenses incurred in searching for a replacement business location, not -to -exceed $1,000, and including compensation for transportation expenses; time spent searching for a reasonable location; meals; lodging; and, real estate broker or agent fees; Actual and reasonable expenses necessary to reestablish a displaced business at its new location, not -to -exceed $10,000. Examples of expenses that may be considered for reimbursement include advertising, redecoration, and certain increased costs of operation at the new location; • An owner of an outdoor advertising display may be eligible for a relocation payment for "Actual Reasonable Moving and Related Expenses." If the owner wants to move the sign, the payment would be the lesser of the sign's in -place value or, cost to move the sign. If the owner does not want the sign, but wants to replace it, or wants to discontinue it's use, the payment would be the lesser of the replacement cost, less any proceeds of a sale of the existing sign or the costs to move the sign. b. A Fixed Payment In Lieu ofA Payment For Actual Reasonable Moving and Related Expenses The amount of this payment shall be based on the average, annual net earnings of the business or non-profit organization. The payment to an eligible business, or non-profit organization may not be less than $1,000, nor more than $20,000. To qualify for this payment a displaced business: • Cannot be a part of a commercial enterprise having at least three other establishments which are not being acquired by the Developer, and which is under the same ownership and engaged in the same or similar business activities; and • Must not be able to relocate without substantial loss of patronage; and, Overland, Pacific & Cutler, Inc. Page 15 • Relocation Plan for the Park Village Project - National City, California Must have contributed at least 33 1/3 percent of the owner's total gross income during each of the two taxable years prior to displacement or meet specific earnings criteria. D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer within 18 months from: 1. The date the claimant moves from the acquired property; or, 2. The date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; 2. Assistance amounts will be determined in accordance with the provisions of California Relocation Law; 3. Required claim forms will be prepared by relocation personnel in conjunction with claimant(s). Signed claims and supporting documentation will be submitted by relocation personnel to the Developer; 4. The Developer will review and approve claims for payment, or request additional information; 5. The Developer will issue benefit checks which will be available at the Developer for pick-up by claimants, unless circumstances dictate otherwise; 6. Final payments wilt be issued after confirmation that the Project area premises have been completely vacated; 7. Receipts of payment will be maintained in the relocation case file. Overland, Pacific & Cutler, Inc. Page 16 Relocation PIan for the Park Village Project - National City, California E. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. The above statement on tax consequences is not intended to be provision of tax advice by the Developer. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. F. GRIEVANCE PROCEDURES The Developer's Grievance Policy will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. Briefly stated, displacees will have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility, the amount of payment, the failure to provide comparable replacement housing referrals or the Developer's property management practices. Requests for review will be directed first to Mr. Kevin Payne, President, Payne Development, or other authorized designee of the Developer. Details concerning the entire appeals process will be provided upon request. G. EVICTION POLICY 1. Under the State of California guidelines, eviction by the Developer is permissible only as a last altemative with the exception of persons considered to be in unlawful occupancy, a displaced person's eviction does not affect eligibility for relocation assistance and benefits. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. 2. Eviction may be undertaken only for one or more of the following reasons: a) Failure to pay rent, except in those cases where the failure to pay is due to the lessors failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; b) Performance of a dangerous, illegal act in the unit; Overland, Pacific & Cutler, Inc. Page 17 Relocation Plan for the Park Village Project - National City, California c) Material breach of the rental agreement and failure to correct breach within 30 days of notice; d) Maintenance of a nuisance and failure to abate within a reasonable time following notice; e) Refusal to accept one of a reasonable number of offers of replacement dwellings; f) A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the public entity. However, if the tenant is evicted for cause, it in no way affects their eligibility for potential relocation benefits. H. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the Project area occupants, neighborhood groups and community organizations forming a relocation committee; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; 5. The inclusion of written or oral comments concerning the Plan and the Developer's response as an attachment (Exhibit D) when it is forwarded to the Agency's Board of Directors for adoption. Overland, Pacific & Cutler, Inc. Page 18 Relocation Plan for the Park Village Project - National City, California 1. PROJECTED DATES OF DISPLACEMENT The Developer anticipates that the relocation process will begin in late fall 2006 and be completed by the end of March 2007. In the event that this Plan and the Project are not implemented within one year of the Plan adoption by the Agency, and the Project proceeds, the Developer will undertake to prepare an amendment to the Relocation Plan outlining any significant changes that may have occurred since the preparation of this Plan. J. ESTIMATED RELOCATION COSTS The estimate for relocation -related payments for this Project, including a 10% contingency is $500,500. The estimated relocation budget does not include any funds that may be disbursed to property and business owners for property acquisition - including fixtures pertaining to realty - and/or loss of business goodwill, if any. It does, however, include an amount to provide for potential compensation to owners for equipment which was intended to be, though is not subsequently relocated. In addition the budget does not include relocation administrative costs, or provision for any other services necessary for the implementation of the Plan and Project. Overland, Pacific & Cutler, Inc. Page 19 EIR3D HMV, Vtt1111:03 1 y • 1 OVERLAND, PACIFIC & CUTLER, INC. - BUSINESS INTERVIEW FORM CASE ID: AGENCY: Parcel #: Claimant: Address: Site Owner: County: OCCUPANT INFORMATION PROJECT: Funding: CONSULTANT: State ! Federal Project #: MAJOR EVENTS: Site Move -In: First Offer. Initial Interview: IPR/F&E Walkthrough: Years Established: CONTACT 1: CONTACT 2: NAME TITLE PHONE Email: Mailing Address (If different than above): OWNERSHIP TYPE: 0 Sole Proprietorship 0 Partnership ❑ Corporation 0 Non-Profit/Type: OCCUPANCY STATUS: 0 Rent 0 Lease 0 Mortgage 0 Own (Clear) 0 Vacant 0 No Contact ETHNICITY: 0 White 0 Hispanic 0 Black 0 Asian 0 Other PRIMARY LANGUAGE: ❑ Engish 0 Spanish 0 Other: BUSINESS INFORMATION Business Description/Product or Service: 0 Office 0 Retail 0 Manufacturing 0 Warehouse 0 Service 0 Other: Special Features: Parking: Zoning: Clearance/ Height: Loading/Docks/Cranes/Access: Hazardous Materials/Disposal/Emissions/Handling/Storage/UST: Special Permits? 0 Yes 0 No Any leased equipment on site? Special Utilites? 0 Yes 0 No Outside Specialists 0 Yes 0 No Required? Est. Value of Property to be moved: $ Inventory List Available? Yes / No Relocate Business: Monthly Occupancy Payment: Terms: Obsolete or Equipment can't be moved? !describe ❑ Yes ❑ N Multiple Businesses on Site? Sub -Leasing to Others? Other Locations? Where: Franchise? Customer Source/area: ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No Cl Yes 0 No Options: 0 Yes 0 No Number of Employees: FT: PT: Annual Gross Sales: $ Annual Net Income: $ Federal ID # Office/Retail sq.ft.: Whse/Shop sq.ft.: Open Yard sq.ft.: Est. time to move: Best time: Est. time to locate rep). Site? Advance $$ needed? 0 Yes 0 No BM-11 (1/05) Significant Improvements/Equipment/Machinery: Replacement Property Requirements Area/Facility Preference and size / Access/disabilities: Comments: Certification: (We) certify that all of the information on this survey Is true and correct to the best of my (our) knowledge. The information contained herein shall be treated confidentially to the extent allowed by law. Respondent(s): Date: Date: Interviewer: Date: BM-11 (1/05) INFORMATIONAL STATEMENT FOR BUSINESSES. NONPROFIT ORGANIZATIONS AND FARMS Introduction The property on which you now conduct your business is in an area to be improved with the assistance of The Community Development Commission of the City of National City ("Displacing Agency"). The Agency's plans require the acquisition of several land parcels and the relocation of existing commercial uses. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and/or state law. We suggest you save this informational statement for reference. This is not a notice to move. It is important that you do not move before you learn what you must do to receive relocation payments and other assistance to which you may be entitled. The Agency has retained the services of Overland, Pacific & Cutler, Inc. (OPC), a qualified professional relocation firm, to assist you. The firm is available to explain the program and benefits. Their address and telephone number is: (; OVERLAND PACIFIC& C U 1 L E 0, INC. Overland, Pacific & Cutler, Inc. 3170 Fourth Avenue, Suite 200 San Diego, California 92103 Telephone: (619) 688-7980 Spanish speaking representatives are available. Si necesita esta informacion en Espanol, por favor (lame a su representante. Summary of Relocation Assistance As an eligible displaced person, you will be offered appropriate financial and advisory assistance to help you relocate, including: A. Payment for your moving expenses. You will receive either: • A Payment for Actual Reasonable Moving and Related Expenses, or • A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses B. Referrals to suitable replacement locations. C. Other help to reestablish your business and minimize the impact of the move including help in preparing claim forms to request relocation payments. If you disagree with the Agency's decision as to your right to a relocation payment, or the amount of the payment, you may appeal that decision. Business Informational Statement Page I =tat-01 (5/04) SOME GENERAL QUESTIONS How will 1 know I am eligible for relocation assistance? Ordinarily, eligibility begins on the date the owner of the property receives the Agency's initial written offer to purchase it. Therefore, you should not move before that date. If you do, you may not be eligible for relocation assistance. How Will the Agency Know How Much Help l Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your needs and preferences for a replacement location and other services. The interviewer will ask questions about such matters as your space requirements. It is to your advantage to provide the information so that the Agency, through its relocation consultant, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a suitable replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with the Agency so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 1 Own The Property, Will I Be Paid For It Before 1 Have To Move? If you reach a voluntary agreement to sell your property to the Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property). Will 1 Have To Pay Rent To The Agency Before 1 Move? You may be required to pay a fair rent to the Agency for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement. How Will I Find A Replacement Location? The Agency will provide you with current and continuing information on available replacement locations that meet your needs. The Agency may also provide you with the names of real estate agents and brokers who can assist you in finding the type of replacement location you require. While the Agency will assist you in obtaining a suitable replacement location, you should take an active role in finding and relocating to a location of your choice. No one knows your needs better than you. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict your planned operations. Ask the Agency to explain which kind of moving costs are eligible for repayment and which are not eligible. That will enable you to carry out your move in the most advantageous manner. What Other Assistance Will be Available To Help Me? In addition to help in finding a suitable replacement location, other assistance, as necessary, will be provided by the Agency. This includes information on Federal, State, and local programs that may be of help in reestablishing a business. For example, the Small Business Administration (SBA) provides managerial and technical assistance to some businesses. There may also be a government grant or loan Business Informational Statement Page 2 =BI-0/ (5/04) program which can help you reestablish your business. The Agency will assist you in applying for help available from government agencies. The range of services depends on the needs of the business being displaced. You should ask the Agency representative to tell you about the specific services that will be available to you. 1 Have A Replacement Location And Want To Move. What Should i Do? Before you make any arrangements to move, notify the Agency, in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. The Agency will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment. I Plan To Discontinue My Business Rather Than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a payment. Contact the Agency and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. What Kinds of Payments For Moving Expenses Will I Receive? Every business is entitled to a relocation payment to cover the reasonable cost of moving. You may choose either: A. A Payment For Actual Reasonable Moving and Related Expenses, or B. A Fixed Payment In Lieu of Moving and Related Expenses (if you meet the eligibility requirements). What Is Payment For Actual Reasonable Moving And Related Expenses? If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may claim the cost of: A. Transportation of personal property from your present location to the replacement location. (Generally, transportation costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss your planned move with the Agency.) B. Packing, crating, uncrating, and unpacking personal property. C. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. This includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property. This includes alterations to the replacement structure required to reinstall machinery, equipment or other personal property D. Storage of personal property for a reasonable period of time, if required, at the Agency's discretion. E. Insurance of personal property in connection with the move and required storage and the replacement value of property lost, stolen, or damaged in the process of moving where insurance is not readily available. F. Any license, permit or certification required by the displaced business, to the extent that the cost is (1) necessary to its reestablishment at the replacement location and (2) does not exceed the cost for the remaining useful life of the existing license, permit, or certification. G. Reasonable and preauthorized professional services, including architect's, attorney's, and engineer's fees, and consultant's charges, necessary for (1) planning the move of the personal property, (2) moving the personal property, or (3) installing the relocated personal property at the replacement location. H Relettering signs, printing replacement stationery made obsolete by the move and customer notifications. I. The reasonable cost incurred in attempting to sell an item that is not relocated. Business Informational Statement Page 3 =B1-01 (5/04) J. Actual direct loss of personal property. This payment provides compensation for property that is neither moved nor promptly replaced with a "substitute item" at the replacement location. Payment is limited to the lesser of: (1) the estimated cost of moving the property or (2) the fair market value of the property for its continued use at the old location, less any proceeds from its sale. To be eligible, you must make a good faith effort to sell the property, unless the Agency determines that such effort is not necessary. K. Purchase and installation of substitute personal property. Payment will be limited to the lesser of: (1) the estimated cost to move the item to the replacement location, or (2) the actual cost of the substitute item delivered and installed at the replacement location, less any proceeds from its sale or its trade-in value. It is important to discuss your plans with the Agency before you proceed. L. Searching for a replacement location. This payment may not exceed $1,000.00 and may cover costs for: • Transportation expenses • Time spent searching for a replacement location, based on a reasonable salary or earnings • Reasonable fees paid to real estate agents or brokers to find a replacement location (not fees related to the purchase of a site) • Meals and lodging away from home The Agency representative will explain all eligible moving costs, as well as, those which are not eligible. You must be able to account for all costs that you incur; so keep all your receipts. The Agency will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self -move" your property. Payment for self -move is based on the amount of an acceptable low bid or estimate obtained by the Agency. If you self -move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the Agency cannot agree on an acceptable amount to cover the cost of the "self - move," you will have to submit full documentation in support of your claim. You may elect to pay your moving costs yourself and be reimbursed by the Agency or, if you prefer, you may have the Agency pay the mover directly. In either case, let the Agency know before you move. Select your mover with care. The Agency representative can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the Agency. If not sold or traded -in, the item must remain at the old location and ownership of the item must be transferred to the Agency before you may receive the payment. What are Reestablishment Expenses? A small business, farm or non-profit organization may be eligible to receive a payment of up to $10,000 for expenses actually incurred in relocating and reestablishing such operation at a replacement site. Eligible expenses must be reasonable and necessary, as determined by the Agency. They may include but are not limited to the following: A. Repairs or improvements to the replacement real property as required by or ordinance. B. Modifications to the replacement property to accommodate the business structures suitable for conducting the business. C. Construction and Installation costs for exterior signage to advertise the bus D. Provision of utilities from right-of-way to improvements on the replacement federal, state or local law, code operation or make replacement iness. site. Business bnformationa! Statement Page 4 -BIM (5/04) E. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. F. Licenses, fees, and permits where not paid as part of moving expenses. G. Feasibility surveys, soil testing and marketing studies. H. Advertising of replacement location. I. Professional services in connection with the purchase or lease of a replacement site. J, Estimated increased costs of operation during the first 2 years at the replacement site, for such items as: 1. Lease or rental charges 2. Personal or real property taxes 3. Insurance premiums, and 4. Utility charges(excluding Impact fees) K. Impact fees or one-time assessments for anticipated heavy utility usage. L. Other items that the Agency considers essential to the reestablishment of the business. What Expenses Are INQLeligible for Reestablishment Payment? The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherwise eligible: A. Purchase of capital assets, such as, office furniture, filing cabinets, machinery or trade fixtures. B. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. C. Interior or exterior refurbishment at the replacement site, except as otherwise provided for under the business reestablishment payment. D. Interest costs associated with any relocation expense or the purchase of replacement property. E. Payment to a part-time business in the home which does not contribute materially to the household income. What is Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses? A Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses to a business or farm operation is based on the average annual net earnings of the business or farm operation. The payment to an eligible business or farm operation may not be less than $1,000.00, nor more than $20,000.00. The nonprofit organization may be eligible for a payment from $1,000.00 to $20,000.00 subject to the following: A displaced nonprofit organization may choose a fixed payment as stated above if the Agency determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele.) A nonprofit organization is assumed to meet this test, unless the Agency demonstrates otherwise. Any payment in excess of $1,000.00, must be supported with financial statements for the two 12 month periods prior to displacement The amount to be used for the payment is the average of the last two (2) years annual net earnings. Documentation required may be income tax returns, certified financial statements and accounting records or other similar evidence acceptable to the Agency. To qualify for an In -Lieu payment. Business Informational Statement Page 5 =error t5104. A. A displaced business: 1. must own or rent personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site. 2. must be unable to relocate without a substantial Toss of existing patronage. 3. must not be part of a commercial enterprise having more than one other entity which is not being acquired by the Agency, and which is under the same ownership and engaged in the same or similar business activities. 4. must not be operated at a displacement dwelling/site solely for the purpose of renting such dwelling/site to others. 5. must have contributed materially to the income of the displaced person during the two (2) taxable years prior to displacement. B. A displaced nonprofit organization (1) must be unable to relocate without a substantial loss of its existing patronage; and, (2) must not be part of an enterprise having another establishment which is not being acquired by the Agency. C. A displaced farm operation must meet certain minimum income requirements. The average annual net eamings of a business or farm operation are one-half of its net earnings before Federal, State, or local income taxes during the two (2) taxable years immediately prior to the taxable year in which it was displaced. If not in business for a full two years prior to displacement, the net earnings shall be based on the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when the Agency determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. The displaced person shall furnish the Agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence which the Agency determines is satisfactory. The Agency will inform you as to your eligibility for this payment and the documentation you must submit to support your claim. Remember, when you elect to take this payment you are not entitled to reimbursement for any other moving expenses. I Own An Outdoor Advertising Display. What Relocation Payment Will I Receive? As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving And Related Expenses. You are not eligible to receive a Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the Agency, less the proceeds from its sale, or (2) the estimated cost of moving the sign without temporary storage. The Agency will inform you as to the exact costs that may be reimbursed. How do I File A Claim For A Relocation Payment? You must file a claim for a relocation payment. The Agency will provide you with the required claim forms, assist you in completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the Agency. You may be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. Business Informational Slaternent Page 6 =B1.01 (5/04) If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, the Agency may extend this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. Appeals If you disagree with the Agency's decision as to your right to a relocation payment or the amount of payment, you may appeal the decision to the Agency. The Agency will inform you of its appeal procedures. At a minimum, you will have 18 months to file your appeal with the Agency. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. If you are not satisfied with the final appeal decision, you may seek review of the matter by the courts. Tax Status of Relocation Benefits Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11(commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. Lawful Presence Requirement Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive non-residential relocation benefits in federally -funded relocation projects, the owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for -profit or a non-profit corporation must certify that it is authorized to conduct business in the United States. Sole proprietorships or partnerships with owners who are not lawfully present in the United States or who decline to provide this information, may be denied relocation benefits. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the US. Additional Information If you have further questions after reading this brochure, contact Overland, Pacific & Cutler, Inc. and discuss your concerns with your relocation representative. You may wish to read the California Relocation Assistance Act regulations which describes the relocation process in more detail. Business Informational Statement Page 7 -BI-01 (5/04) 1 Advisory Notice September 15, 2006 Dear Occupant, The relocation plan for the Park Village project for The Community Development Commission of The City of National City has been completed and will be available for a thirty (30) day public review and comment period beginning Monday, September 18, 2006. A copy of the plan will be available for review at the following locations. Overland, Pacific & Cutler, Inc. 3170 Fourth Avenue, Suite 200 San Diego, CA 92103 619.688.7980 The Community Development Commission of The City of National City City Clerk's Office 1243 National City Boulevard National City, CA 91950 619.336.4226 The plan will also be available for review at The Community Development Commission of The City of National City's website which is: www.ci.national-city.ca.us/ Assistance in reviewing the plan in a language other than English will be provided upon request. Requests for assistance should be directed to Vince McCaw at 619.688.7980. Unless you would like to make a comment regarding the plan, nothing more is required from you at this time. All comments regarding the plan should be submitted, in writing, no later than 12:00 p.m. (noon), Tuesday, October 17, 2006 and addressed to: Overland, Pacific & Cutler, Inc. Attn: Vince McCaw 3170 Fourth Avenue, Suite 200 San Diego, CA 92103 619.688.7980 Aviso de Consejeria 15 de septiembre de 2006 Estimados residentes, El plan de reubicacion para el proyecto de Park Village para la Comisian Comunitaria de Desarrollo de la Ciudad de National City ha sido completado y estar disponible al piblico por un periodo de 30 dfas, comenzando el lunes, 18 de septiembre de 2006. Una copia del plan va estar disponible para su analisis en los siguente localidades. Overland, Pacific & Cutler, Inc. 3170 Fourth Avenue, Suite 200 San Diego, CA 92103 619.688.7980 The Community Development Comn fission of The City of National City City Clerk's Office 1243 National City Boulevard National City, CA 91950 619.336.4226 El plan estara disponible para su analisis en el sitio de la red (website) de la Comision Comunitaria de Desarrollo de la Ciudad de National City. www.ci.national-city.ca.us/ Se proveera asistencia en otros idiomas si usted to pide, aparte de ingles, tocante al plan. Si necesita ayuda, pongase en contacto con Vince McCaw al (619) 688-7980. Todos los comentarios referente al plan deben entregarse no mas tarde de las 12 del mediodfa, el martes, 17 de octubre de 2006. Envfe sus comentarios a: Overland, Pacific & Cutler, Inc. Attn. Vince McCaw 3170 Fourth Avenue, Suite 200 San Diego, CA 92103 619.688.7980 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 32 ITEM TITLE Resolution approving an Exclusive Negotiation Agreement with Knoefler Enterprises, LLC and authorizing the Chairman to execute the agreement. PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission (619) 336-4250 EXPLANATION Knoefler Enterprises, Inc. (Developer) has requested that the Community Development Commission enter jointly into an Exclusive Negotiation Agreement (ENA) to study the feasibility and desirability of a proposed mixed -use development project ("Green Village") within the Downtown Specific Plan and the Redevelopment Project Area of National City. The ENA would provide a period of at least 24 months to study the project. The proposed site is approximately eight acres and includes the area west of Roosevelt Avenue, east of Interstate 5, south of 8th Street, and north of Plaza Boulevard. The site includes 36 parcels under various private ownership, as well as public rights -of -way. All affected property owners were notified and invited to participate through the owner participation process provided by the Redevelopment Plan. Another development proposal was received in response to the notice, but subsequently withdrawn. (Background Report attached) ENVIRONMENTAL REVIEW The ENA is exempt from the California Environmental Quality Act. FINANCIAL STATEMENT The ENA requires the developer to pay for costs associated with the agreement, including an initial $25,000 deposit. Account No STAFF RECOMMENDATION Staff recommends approval of the Resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Background Report 2. Proposed ENA (. 3. Green Village Development Proposal Excerpt — The complete proposal is available in CDC office for review. A-200 (9/80) RESOLUTION NO. 2006— RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE CDC AND GREEN VILLAGE DEVELOPMENT, LLC WHEREAS, Green Village Development, LLC, (the "Developer") owns certain real properties within the Redevelopment Project Area of National City ("Developer Property"); and WHEREAS, the Developer is continuing efforts to acquire or otherwise gain control of certain real properties owned by various property owners ("Additional Property"); and WHEREAS, the Developer has submitted a proposal for the development of a mixed -use condominium project, known as the "Green Village Project", in an area consisting of approximately eight (8) acres, generally bounded by Interstate 5 to the west, 8th Street to the north, Roosevelt Avenue to the east, and Plaza Boulevard to the south ("Site"); and WHEREAS, the Community Development Commission of the City of National City ("CDC") initiated an owner -participation process for property owners within the proposed Site in accordance with the Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project; and WHEREAS, as a result of that owner -participation process, only one other development proposal ("Competing Proposal") was submitted to the CDC; and WHEREAS, the Competing Proposal was withdrawn, leaving the Project as the only development proposal for the Site; and WHEREAS, the CDC and the Developer desire to enter into this Agreement to initiate exclusive negotiations for up to twenty-four (24) months, with the CDC having discretion to grant a six-month extension, ("Exclusive Negotiation Period") to allow the Developer to (i) undertake due diligence activities regarding the Project; (ii) acquire additional properties within the Site; (iii) establish the responsibilities, schedule, and financial parameters for developing the Project; (iv) negotiate a Disposition and Development Agreement ("DDA"). NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission hereby authorizes the Chairman to execute an Exclusive Negotiation Agreement between the CDC and Green Village Development, LLC. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, HI, Legal Counsel Attachment 1 BACKGROUND REPORT The proposed project site consists of 36 parcels and public rights -of -way that total approximately eight acres within the Downtown Specific Plan and the Redevelopment Project Area of National City. The site includes the area west of Roosevelt Avenue, east of Interstate 5, south of 8th Street, and north of Plaza Boulevard. The site includes three full-sized blocks and two partial blocks, as well as the adjacent streets (9th Street between Roosevelt Avenue and Coolidge Avenue; Hoover Avenue between 8th Street and Plaza Boulevard; and Coolidge Avenue between 9th Street and Plaza Boulevard). The Developer owns seven of 36 parcels, approximately 12% of the parcel land area based on the County Assessor's records. Current land uses within the project site include single- and multi -family residences (approximately 35 units), retail commercial, automotive repair, light manufacturing, warehousing, processing, storage, used car sales, parking lots, commercial offices, and vacant industrial and commercial buildings. Surrounding uses include a similar mix of uses to the south of Plaza Boulevard, the Education Village complex to the east of Roosevelt Avenue, a service station and drive -through restaurant to the north of 8th Street, and Interstate 5 to the west. North- and south -bound freeway access is provided on 8th Street and/or Plaza Boulevard. The Green Village development concept is a mixed -use condominium project that would total approximately 1 8 million square feet of building area and consist of 1,100 residential units; 250,000 square feet of commercial space for retail, restaurant, office, and entertainment uses; parking facilities; landscaped parks; and pedestrian plazas and paseos. The concept includes a variety of building types from low-rise row homes to mid- and high-rise towers arranged along pedestrian paseos and a realigned public street to replace the existing street grid. The developer is also proposing a sustainability vision for the project that would incorporate eco-friendly concepts such as alternative energy sources, recycled/reclaimed water systems, green roofs, and solar access/orientation. Staff is recommending that the CDC Board consider entering into the ENA because of the potential benefits of such a project to the community, including the following: • Comprehensive visioning/planning for a substantial portion of the Specific Plan area. • Coordinated implementation and development of improvements and infrastructure. • Environmental remediation of contaminated property. • Potential sales tax revenue of over $1.5 million annually. • Potential tax increment revenue of over $4.8 million annually • Potential set aside of over $900,000 annually for low and moderate income housing. • Potential fees of over $2 million to parks/recreation, library, fire/EMS, and police facilities • Business and job creation/retention. • Sustainable development concepts. If approved, the ENA would allow 24 months for due diligence and project discussions, during which an Owner Participation Agreement or Disposition and Development Agreement could be proposed for consideration by the CDC Board. The Executive Director will have the discretion to extend the ENA for additional periods as necessary. The ENA does not commit the CDC to approve any specific project, project footprint, or to any future arrangement with the developers. However, the ENA does commit the CDC to exclusive negotiations with Knoefler Enterprises, LLC for at least 24 months. BACKGROUND REPORT GREEN VILLAGE DEVELOPMENT PROPOSAL SITE BACKGROUND REPORT ASSESSOR'S PARCF.T S PARCEL SITE ADDRESS 555 081 09 00 555 081 10 00 555 081 14 00 5550811500 555 081 16 00 5550811700 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 085 01 00 555 085 02 00 5550850300 555 085 04 00 555 085 05 00 555 085 06 00 555 085 07 00 555 086 02 00 555 086 03 00 555 086 04 00 555 086 05 00 555 086 06 00 555 086 07 00 555 086 10 00 555 086 11 00 555 086 12 00 555 086 13 00 555 086 14 00 555 086 15 00 555 086 16 00 555 086 17 00 555 086 18 00 822 Hoover Ave 816 Hoover Ave 200 W 8th St 810 Hoover Ave 225 W 9th St 832 Hoover Ave 132 W 8th St 128 W 8th St 817 Hoover Ave *no Site Address* 829 Hoover Ave #A 127 W 9th St 110W8th St 111 W 9th St 905 Hoover Ave 913 Hoover Ave 128 W 9th St 921 Hoover Ave 925 Hoover Ave 121 W Plaza Blvd 900 Roosevelt Ave 923 Coolidge Ave 923 1/2 Coolidge Ave 921 Coolidge Ave 925 Coolidge Ave 223 W Plaza Blvd 217 W Plaza Blvd 922 Hoover Ave 910 Hoover Ave 220 W 9th St 218 W 9th St 206 W 9th St 901 Coolidge Ave 938 Coolidge Ave 926 Coolidge Ave 211 W Plaza Blvd r Attachment 2 EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And GREEN VILLAGE DEVELOPMENT, LLC THIS EXCLUSIVE NEGOTIATION AGREEMENT ("AGREEMENT') is entered into this 19th day of December, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("CDC"), and GREEN VILLAGE DEVELOPMENT, LLC, a California limited liability company ("DEVELOPER"), on the terms and provisions set forth below. CDC and DEVELOPER are sometimes referred to herein as a "party," or collectively as the "parties." RECITALS WHEREAS, the DEVFI OPER owns certain real properties within the Redevelopment Project Area of National City, as further described herein; and WHEREAS, the DEVELOPER is continuing efforts to acquire or otherwise gain control of certain real properties owned by various property owners; and WHEREAS, the DEVELOPER has submitted a proposal for the development of a mixed -use condominium project, "Green Village Project," as further described herein ("PROJECT"), in an area consisting of approximately eight (8) acres, generally bounded by Interstate 5 to the west, 8th Street to the north, Roosevelt Avenue to the east, and Plaza Boulevard to the south ("SHE"); and WHEREAS, the CDC initiated an owner -participation process for property owners within the proposed SITE in accordance with the Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project; and WHEREAS, as a result of that owner -participation process, only one other development proposal ("COMPETING PROPOSAL") was submitted to the CDC; and WHEREAS, the COMPETING PROPOSAL has been withdrawn, leaving the PROJECT as the only development proposal for the S1'1'E; and WHEREAS, the CDC and the DEVELOPER desire to enter into this AGREEMENT to initiate exclusive negotiations for up to twenty-four (24) months ("EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) acquire additional properties within the SITE; (iii) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; and (iv) negotiate a Disposition and Development Agreement ("DDA"). NOW, THEREFORE, in consideration of the foregoing recitals, of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: I. SITE The S11E constitutes the real property that is the subject of this AGREEMENT. The S1'ft, consists of approximately eight (8) acres of real property encompassing thirty- six (36) parcels and adjacent public rights -of -way, and is generally depicted in Exhibit A, attached hereto and incorporated herein by reference. The exact boundaries and square footage of the SHE will be determined during the Site planning activities outlined below. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins on the date the CDC executes this AGREEMENT and shall last for twenty-four (24) months thereafter. B. Schedule of Performance During the EXCLUSIVE NEGOTIATION PERIOD, the parties shall meet regularly, in good faith, and jointly formulate a conceptual development program to develop the PROJECT and complete the tasks set forth in the Schedule of Performance attached as Exhibit B to this AGREEMENT, and incorporated herein by reference. C. DDA If, at the close of the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the CDC's Executive Director, in his reasonable discretion, may extend the EXCLUSIVE NEGOTIATION PERIOD as more particularly set forth in Paragraph D of Part II of this Agreement. D. Execution of DDA After the DEVELOPER and the CDC agree upon the DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended as required, at the discretion of the CDC's Executive Director, in order to enable the CDC and the City to: 1. Notice and conduct a public hearing on the DDA pursuant to Section 33433 of the California Health and Safety Code; and 2. Process through the public hearing process, the necessary development, environmental, and entitlement applications through the City's Planning Commission and City Council. 2 The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and in such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. The parties understand that final accord on all issues may not be reached. It is also understood that, (1) neither party is under any obligation to reach agreement on the DDA, and (2) the CDC Board of Directors ("CDC BOARD") reserves the right to approve or reject a DDA, the PROJECT, or any disposition of the SITE, in its sole discretion, as more particularly set forth in Part IV of this AGREEMENT. M. DEVELOPER DEPOSIT Upon the approval of this AGREEMENT by the CDC BOARD, the DEVELOPER shall deposit with the CDC Twenty Five Thousand Dollars ($25,000) ("DEVELOPER'S DEPOSIT"), in the form of a cashier's or certified check, or wire transfer, payable to the CDC. The CDC agrees to hold the DEVELOPER'S DEPOSIT in an interest -bearing account controlled by the CDC and shall make disbursements therefrom only pursuant to the terms and provisions of this AGREEMENT. DEVELOPER agrees that the CDC may use the DEVELOPER'S DEPOSIT to reimburse itself for reasonable and actual attorneys' fees, consultant fees, appraisal fees, title reports, and any other related fees (excluding internal CDC staff salaries and costs) and costs ("DDA NEGOTIATION COSTS") incurred by the CDC in (i) negotiating and preparing this AGREEMENT, (ii) reviewing any documents submitted in furtherance of this AGREEMENT and/or DEVELOPER'S proposal to develop the PROJECT, (iii) any negotiations relating to the DDA and any related documents, and (iv) drafting the DDA or any other related documents. CDC shall submit to DEVELOPER, on a semi-annual basis, invoices reasonably detailing DDA NEGOTIATION COSTS the CDC has incurred at the time it submits a reimbursement notice to the DEVELOPER. CDC shall be free to withdraw funds from the DEVELOPER'S DEPOSIT, as needed, provided that it has submitted such invoices to the DEVELOPER. The full $25,000 DEVELOPER'S DEPOSIT, without deduction of the DDA NEGOTIATION COSTS, shall be refundable to DEVELOPER if there is a material default by the CDC of its obligations pursuant to this AGREEMENT. The $25,000 DEVELOPER'S DEPOSIT, less the DDA NEGOTIATION COSTS incurred to date ("BALANCE OF DEVELOPER'S DEPOSIT"), if any, shall be refundable to DEVELOPER in the event this AGREEMENT is terminated prior to or at the conclusion of the EXCLUSIVE NEGOTIATION PERIOD and prior to the execution of the DDA in exchange for DEVELOPER granting all of its rights, title and interest in all studies and reports in connection with the SITE to CDC, to the extent DEVELOPER is legally permitted to do so. 3 IV. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPER prior to DDA approval and execution shall be absorbed entirely by DEVELOPER. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcels comprising the SHE shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter on which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. C. No Pre -Commitment by the CDC By its execution of this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the STYE; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property or any other property interest; or any other such activity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. 4 V. THE DEVELOPER A. Developer Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, partners, and joint ventures. B. Offices of the Developer The principal offices of DEVELOPER are located at: GREEN VILLAGE DEVELOPMENT, LLC 9265 Dowdy Drive, Suite 112 San Diego, CA 92126 The Project Manager for the DEVELOPER is Knoefler Enterprises, Inc Other prime developers, consultants, or representatives who are proposed to be directly involved in the Project will be determined by DEVELOPER and submitted to the CDC for informational purposes only upon any such determination. C. Full Disclosure The DEVELOPER shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent information concerning the DEVELOPER. D. Assignment The DEVELOPER without prior written approval of the CDC, which approval may not unreasonably be withheld, may not assign this AGREEMENT. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign its rights under this AGREEMENT to a corporation, trust, or partnership of which the DEVELOPER owns the majority beneficial interest and operational control. E. Progress Reports The DEVELOPER agrees to provide written reports advising the CDC on progress and/or problems with the proposed development every thirty (30) days during the term of the AGREEMENT. The CDC agrees to provide DEVELOPER written notice of any land use changes in the Downtown Specific Plan, any changes to the streets or infrastructure surrounding the SITE, and any other changes or issues that may potentially affect development of the PROJECT. 5 VI. ENVIRONMENTAL REQUIREMENTS The DEVELOPER shall prepare all necessary environmental documents as required by the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and local regulations, for certification by the City. The DEVELOPER agrees to cooperate with the City and the CDC, as requested, to help determine the environmental impacts of the proposed development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE; provided, however, that the CDC and the City shall not incur costs or expenses in collection therewith nor will CDC or City reimburse the DEVELOPER for costs incurred related to preparing these materials. VII. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPER. VITT. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede any conflicting provisions of this Paragraph A.1. Such legal actions must be instituted and maintained in the Superior Court of the State of California, County of San Diego, or in any other appropriate court in that county. 2. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. 6 r B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII, the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the terms of this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attorney's Fees If either party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. If either party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGREEMENT. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation and all attorney's fees incurred in enforcing any judgment. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. 7 E. Termination Rights Notwithstanding the EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPER. F. Indemnity The DEVELOPER shall indemnify, protect, defend and hold harmless the CDC and the City and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT, or any and all losses, liabilities, damages, claims or costs (including reasonable attorneys' fees) arising from DEVELOPER'S negligent acts, errors, or omissions with respect to its obligations hereunder or the SPI'b, excluding any such losses arising from the sole negligence or sole willful misconduct of the CDC or the conduct of third parties outside the control of the DEVELOPER. This indemnity obligation shall survive the termination of this AGREEMENT. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this AGREEMENT, DEVELOPER shall have the option to terminate this AGREEMENT in lieu of its indemnity obligation. G. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPER shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt or electronic information showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: 8 To CDC: To Developer: With copies to: Community Development Commission 1243 National City Boulevard National City, CA 91950 Attn: Brad Raulston, Executive Director Green Village Development, LLC 9265 Dowdy Drive, Suite 112 San Diego, CA 92126 Attn: Joshua Knoefler Alhadeff & Solar, LLP 707 Broadway, Suite 800 San Diego, CA 92101 Atm: S. Douglas Kerner, Esq. Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. 11. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. I. Interpretation The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. J. Entire Agreement, Waivers, and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. 9 K. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. N. Severability In the event any Part or Paragraph of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVELOPER'S obligations under this AGREEMENT. P. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPER to the CDC with respect to the SI11., the PROJECT or the DEVELOPER may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary and confidential in nature, the CDC agrees to exercise its best efforts to keep such information confidential. 10 IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY GREEN VILLAGE DEVELOPMENT, LLC By: By: Ron Morrison, Chairman .efler, Manager A I I EST: By: Brad Raulston, Secretary APPROVED AS TO FORM: By: George Eiser, III CDC Counsel Dated: 11 EXHIBIT A GREEN VILLAGE DEVELOPMENT PROPOSAL SITE EXHIBIT A GREEN VILLAGE DEVELOPMENT PROPOSAL SITE PARCEL SITE ADDRESS ASSESSOR'S PARCELS OWNER OWNER2 555 081 09 00 555 081 10 00 555 081 14 00 555 081 15 00 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 5550820300 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 085 0100 5550850200 555 085 03 00 555 085 04 00 555 085 05 00 555 085 06 00 5550850700 5550860200 5550860300 555 086 04 00 55 086 05 00 355 086 06 00 555 086 07 00 555 086 10 00 555 086 11 00 555 086 12 00 555 086 13 00 555 086 14 00 555 086 15 00 555 086 16 00 555 086 17 00 555 086 18 00 822 Hoover Ave 816 Hoover Ave 200 W 8th St 810 Hoover Ave 225 W 9th St 832 Hoover Ave 132 W 8th St 128 W 8th St 817 Hoover Ave *no Site Address* 829 Hoover Ave #A 127 W 9th St 110W8thSt 111 W 9th St 905 Hoover Ave 913 Hoover Ave 128 W 9th St 921 Hoover Ave 925 Hoover Ave 121 W Plaza Blvd 900 Roosevelt Ave 923 Coolidge Ave 923 1/2 Coolidge Ave 921 Coolidge Ave 925 Coolidge Ave 223 W Plaza Blvd 217 W Plaza Blvd 922 Hoover Ave 910 Hoover Ave 220 W 9th St 218 W 9th St 206 W 9th St 901 Coolidge Ave 938 Coolidge Ave 926 Coolidge Ave 211 W Plaza Blvd Rubin Jeanette Tr Ziman Allan W;Helene B White Melinda Clark Donald M Lomeli Jesus M;Macias Angelica Wild Erich Rubin Jeanette Tr Rubin Jeanette Tr Rubin Jeanette Tr Rubin Jeanette Tr Curlan Ltd Harper Denick B;Julie E Dobbin Intervivos Trust 10-23-92 Curlan Ltd Mccoy Mark Dkm Properties Lk Vargas Eladia B;Enrique Aguilera Elodia 0 Tr Aguilera Antonio R;Elodia 0 Family Beauchamp Family Trust 08-16-82 Beauchamp Family Trust 08-16-82 Dkm Properties Lk D K M Properties L L C Blackwood Doyle V;Aurelia Trs Martinez Victor M Dkm Properties L1c Garcia Family Trust 07-01-04 Risher Randall K Revocable Trust 10-18-0 Risher Nancy C Revocable Trust 10-18-00 Quezada Manyel L;Camerina T Dkm Properties Llc Perez Alejandro Cunanan Family Trust 12-16-92 Dkm Properties Lk Sedivec Revocable Trust 09-30-05 Beauchamp Alton B Tr TRANSAMERICA FINANCIAL SERVICES CLARK DONALD M CLARK DONALD M & MARTA MAZE HOBART/FREIDA TRUST YUTSUNS GERTRUD;FNA WILD GERTRUD CURLAN LTD CURLAN LTD MCCOY MARK KNOEFLER GENE VARGAS ENRIQUE AGUILERA ELODIA 0 KNOEFLER GENE/DIANE L ADRIANZEN JUANA P MARTINEZ VICTOR M/ANA B KNOEFLER GENE GARCIA FAMILY TRUST 09-19-96 RISHER RANDALL K/NANCY C RISHER NANCY C QUEZADA MANUEL L/CAMERINA T KNOEFLER GENE/DIANE L PEREZ ALEJANDRO CUNANAN MELBA N/ABRAHAM M JACOBS ERIC L/MICHELLE M SEDIVEC JOSEFBONNIE Responsible Party CDC & Developer 1. CDC 2. Developer Developer 4. EXHIBIT B SCHEDULE OF PERFORMANCE Task Define entitlement process and prepare specific project flowchart; Provide Developer with preliminary issues list. 3. Present city-wide sustainability vision to CDC Board for consideration and action. Prepare Conceptual Development Program for project, including the following: a. Project description of proposed SPA for CEQA purposes. b. Boundaries of proposed SPA and development zone(s). c. Proposed permitted land uses and mix for each development zone. d. Proposed development and design standards for each development zone, e.g. FAR, lot coverage, du/ac, stories, building height, setbacks, step backs, build -to lines, parking requirements, building type, product type, unit mix, view corridors, etc. e. Proposed infrastructure improvements. f. Proposed private property and public property including streets, parks, paseos, easements, rights -of -way, etc. g. Proposed phasing/implementation schedule. h. Proposed implementation/development costs. i. Subsequent implementation programs/actions. j. Proposed funding responsibilities and sources. k. Conceptual pro forma. CDC & 5. Review, revise, prepare final draft, and agree on Conceptual Developer Development Program. CDC & 6. Prepare and submit SPA application (developer). Developer 7. Review and process SPA application (CDC). CDC & 8. Prepare and submit CEQA application (developer). Developer 9. Review and process CEQA application (CDC). CDC & 10. Prepare draft (CDC), negotiate, and prepare final draft DDA. Developer Due 30 days from effective date of ENA 30 days from effective date of ENA 90 days from effective date of ENA 180 days from effective date of ENA After completion of draft Conceptual Development Program. After completion of draft Conceptual Development Program. After completion of draft Conceptual Development Program. After completion of draft Conceptual Development Program. CDC 11. Prepare report and recommendation, provide required After completion of notice, and schedule DDA for CDC Board consideration. final draft DDA. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 33 ITEM TITLE A report requesting the Community Development Commission to name a citizen to serve on a sub -committee to develop Public Art for the National City Aquatic Center. PREPARED BY DEPARTMENT Patricia Beard, Redevelopment Manager Community Development Commission EXPLANATION The Community Development Commission ("CDC") is currently in the final design stages for the permanent National City Aquatic Center, to be located at Pepper Park. Among tasks to be accomplished is the creation of Public Art for the project. Using a competitive process, City, CDC and South Bay Family YMCA (program manager for the Aquatic Center) staff have short-listed three experienced public artists to submit competing proposals for the project. Staff desires to form a sub -committee to work with the artists prior to submittals to the National City Public Arts Committee. Service on the committee is expected to require 1 — 2 workday hours each month through April, 2007. Make-up of the sub -committee recommended by staff and the YMCA would include: • 1 City staff member — Ms. Susanna Peredo • 1 CDC staff member — Ms. Patricia Beard • 1 — 2 representatives from the YMCA (to be named by the YMCA) • 1 — 2 volunteers from the Public Art Committee (to be selected from the committee) • 1 community citizen selected by the CDC Board Environmental Review Not applicable. Financial Statement There is no fiscal impact for voluntary service on the sub -committee. The budget for the public art project is $45,000 - one -percent of project costs plus grant monies secured for the project by the Community Services Department. Account No STAFF RECOMMENDATION Provide two names - a primary and alternate - for staff to contact with a reauest for service on the sub -committee. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. w nnn in Inn\