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HomeMy WebLinkAbout2009 11-03 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — November 3, 2009 — 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. ROLL CALL 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 (619) 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 espan"ol se proporciona durante seslones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/3/2009 - Page 2 INTEVIEWSIAPPOINTMENTS 1. Interviews and Appointments: Library Board of Trustees and Community and Police Relations Commission. (City Clerk) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of October 6, 2009. (City Clerk) 3. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) Resolution of the City Council of the City of National City approving a contract agreement between the City and Harris & Associates for the not -to -exceed amount of $100,000 for a one year period to provide on -call professional engineering, financing, surveying, project/construction management and inspection services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds) (Development Services/Engineering Division) 5. Resolution of the City Council of the City of National City assigning a Fiscal Year 2009-2010 Community Development Block Grant (CDBG) allocation of $41,203 for the National City Police Department Homeless Outreach Program and enforcement to South Bay Community Services as CDBG subrecipient, and authorizing the Mayor to execute a CDBG Subrecipient Agreement allocating said CDBG funds. (Housing and Grants Division/Community Development) CONSENT CALENDAR (Cont.) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/3/2009 - Page 3 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement with Grossman Psychological Associates, APC in the not -to -exceed amount of $51,000 to extend the term of the Agreement for one additional year to provide pre -placement evaluations, pre -employment exams, Officer Assistance Program, critical incident debriefings and fitness for duty evaluations for the Police Department. (Police) 7. Resolution of the City Council of the City of National City authorizing funds in the amount of $34,084.35 for the reimbursable grant purchase of equipment for the Police from the FY08 State Homeland Security Grant Program and Citizen's Option for Public Safety Program (COPS/SLESF) 08-09 and to sole source TriTech as the vendor for the Automatic Vehicle Loading System technology. (Police) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the not -to -exceed amount of $50,600 with South Bay Community Services to provide domestic violence response services for the Cal-EMA grant -funded Children Exposed to Domestic Violence Specialized Response Program. (Police) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National City Mile of Cars Association to provide two serviceable, used, unmarked vehicles every 60 days from various participating dealers to be used by the National City Police Investigations Unit at no cost to the City. (Police) 10. Resolution of the City Council of the City of National City approving the Memorandum of Understanding between the City of National City and the National City Police Officers' Association for the Term July 1, 2009 through June 30, 2011. (Human Resources) 11. WARRANT REGISTER #14 Warrant Register #14 for the period of 09/30/09 through 10/06/09 in the amount of $2,281,805.77. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/3/2009 - Page 4 CONSENT CALENDAR (Cont.) 12. WARRANT REGISTER #15 Warrant Register #15 for the period of 10/07/09 through 10/13/09 in the amount of $538,289.47. (Finance) 13. Investment Report for quarter ended September 30, 2009. (Finance) PUBLIC HEARING 14. Public Hearing for a proposed Planned Development, Tentative Subdivision Map, and Negative Declaration for a 72-unit condominium complex located at the southeast corner of East Plaza Boulevard and Palm Avenue. (Applicant: Gary Watts) (Case File 2008-46 S, PD, IS) (Development Services/Planning) ORDINANCES FOR ADOPTION 15. An Ordinance of the City Council of the City of National City amending Sections 3, 4 and 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012, pertaining to the Committee for Housing and Community Development. (City Attorney) 16. An Ordinance of the City Council of the City of National City amending Chapter 2.28 of the National City Municipal Code by adding Section 2.28.015 thereto, pertaining to the Planning Commission functioning as the Committee for Housing and Community Development. (City Attomey) NEW BUSINESS 17. Temporary Use Permit — Pancake Breakfast hosted by the Fire Fighters Association 2744 in conjunction with "Christmas in July" (Spirit of the Holidays) on November 14, 2009 from 8 am to 12 pm at Fire Station #34 Headquarters located at 343 E. 16th Street. Applicant has requested a waiver of fees. (Neighborhood Services Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/3/2009 - Page 5 NEW BUSINESS (Cont.) 18. General Plan Update - Public Participation Options for Discussion. (Community Development) 19. Request for Qualifications for financial advisory services for the City of National City and the Community Development Commission of the City of National City. (Finance) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $155,318.46 to the City of National City for the period of 10/07/09 through 10/13/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $859,324.30 to the City of National City for the period of 09/30/09 through 10/06/09. (Finance) 22. Investment Report for quarter ended September 30, 2009. (Finance) STAFF REPORTS 23. Technology Update. (MIS) 24. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting - Tuesday — November 17, 2009 - 6:00 p.m. - Council Chambers National City. City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE November 3, 2009 / ITEM TITLE AGENDA ITEM NO. 1 INTERVIEWS AND APPOINTMENTS: Library Board of Trustees and Community and Police Relations Commission. PREPARED BY EXPLANATION Michael R. Dalla See attached explanation report. DEPARTMENT City Clerk Environmental Review X N/A Financial Statement None. Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the Council act to fill the vacancies. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Explanation Report 2. Applications A-200 (9199) EXPLANATION Currently there are two vacancies on the Library Board of Trustees and one resident vacancy and one expired term on the Community and Police Relations Commission. The vacancies have been advertised and posted. LIBRARY BOARD OF TRUSTEES (Mayor Appointment): Four applications have been submitted for the Library Board. The applicants and their interview status are as follows: Emmanuel Acain Julieta Alejandro Debbie Hernandez Francisco Quezada interviewed interviewed not interviewed not interviewed COMMUNITY AND POLICE RELATIONS COMMISSION (Mayor Appointment): Four applications have been submitted. The applicants and their interview status are as follows: Jullieta Alejandro Mona Rios Geoffrey Schrock Francisco Quezada William Sendt interviewed interviewed interviewed not interviewed term expired - currently serving The applicants who need to be interviewed were asked to be present at tonight's meeting. Those previously interviewed were informed that appointments were on the agenda but that their attendance was optional. 1 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee yLibrary Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee' San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: /L. ! (i---Yt z, Home Address: 2-73 f k. -1.� / `C� £ f TeLNo.: Business Affiliation: %V874,el/ Sdt,ao? /1 /-yZil_, Title: PC. 7 ci Pates rvc%- Business Address:1_100 e,LQ,ni,t4t- /,i2 y Mt Q 4 Tel_ No.: 3 3 6 - Frioz, 4,1g 477Y/232_ Length of residence in National City: /II/ San Diego County: tit( California: IN Educational Background: AA Cc'9 0-t j. /3A - L1 'vi'f y 114 SDSU Occupational Experience: "ka_GA...0/1„/ aoadt'Zc h ct / 94 i c{' Professional or technical organization memberships:.) /V J Q Civic or community experience, membership, or previous public service appointments: 801 t+bra j A3.0 ,(4..40-1 Experience or special knowledge pertaining to area of interest: _y havr, hew) ar,„9.41, Have you ever been convicted of a crime? No Date: %/,jt7'12 Signature: Yes ler Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is tiled as a public document Revised March 7, 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Advisory & Appeals Board* XCivil Service Commission XCommunity & Police Relations Commission* I4g & Community Development Committee Library Board of Trustees PA*telly, Civic and Special Events Advisory Board Parks & Recreation Advisory Board XPlanning Commission Port Commission Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree Parkway Committee SeFra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * r^ C€ Name: VTeataC5�S) 0L}e.sctc -at.__ Home Address: MI5 I, (i* St ,i.kij i c,A. 1 (15j'D Tel. No.:600)) 561- rj--`7-1-i Business Affiliation: ��� 7„nn e`bi�rl Title: ,.�,.-;,t iii,c-tt2.(A. Tti.V-6-<Aof- Business Address: 1l-03 U 114A% Si:1 -,oviii � fe.q�wel. No.: CiP%c)2� - g-�j'�`4 o Length of residence in National City: 1- y f San Diego County. 6-ltrr 5 California: x s- Educational Background: 7A_AL-eNor Yee 1 v, i c & Aq , ' - k. 0 U1. CO C. S l D. it ALA <- a D ri4./it: -0 \ Occupational Experience: t A aAl rz41-.51>Y‘ t utirA Professional or to hnical organization member 1.-1 01n5 OA 0 b "Ae/wl, Civic or munity experience, membership, o OAprevious public service appointments: ..,.c. 4)--‘,ef-c‘Q,,$:1Aeljs14:4-j� is Experience`- or special knowledge�3'ertaini g to area jof interest: a�nn. W �1 r aw) a Vt;dt ca./Niel { ea*-Q 'I VL col \V c 113 M D Ulf 0 Q . e� ,� a Q �vertvilAket Have you ever been convicted of a crime? N Yes Date: )9k. '21j 9v t1 Signatur : 1 s Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City `Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Co unity & Police Relations Commission* H using & Community Development Committee ibrary Board of Trustees Military, Civic and Special Events Advisory Board parks & Recreation Advisory Board 1jPlanning Commission Port Commission Public Art Committee* n Diego County Water Authority Senior Citizens Advisory Board Sitreet Tree & Parkway Committee y erra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: p ( o Home Address: CA IiG F i `�� ivold i C�J� �'�33 J g c TeL No.: 1 Business Affiliation: ol- Business Address: 1J� Title: TeL No.: Length of residence in National City: San Diego County: 3 Educational Background: V California: tie&'+, .5ct r comeW Y9RI Occupational Experience: Professional or technical organization memberships�?— Civic or community experience, membership, or previous public service appointments: Experience or specia 1 Have yo Date: knowledge p VMS aining to area f int:. est: 0(144/1 a crime? No Signature: Please feel free to provide additional information or letters f endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 \-1 rot-ill-CJJ [1t3_Ur CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COlviiYii 1 1 EES Building Advisory & Appeals Board` Civil Service Commission Community & Police Relations Commission* Housino & Community Development Committee Library Board of Trustees Parks & Recreat:vn Athisor Board Planning Commission Public Art Committee* Senior Citizens Advisory Board Street, Tree & Parkway Committee Traffic Safety C— rnmitteee Note: Applicants must be residents of the City of National City except those marked by an * Narne: .11..1 i✓ i t T :\ t't+® .J i+i~i v r. v Home Address_ St- I , 1-1-)* ¢.1 " Av a—t4"C Tel. No.: (Col 5) 4s 1— 5 4079 Business Affiliation: Title: Business Address: TeL No.: 9..0 Wr3 Length of Residence in National City: i 5 `1Y'S San Diego County: 1 °California: 1451, J43 Pelturational Rar_kgrounrl �iEr,Li�ilf7t2 :7C' �17f1x AfiT� Occupational Experience: Sii.mS T i Tui ►L Tyiy�irt �. &. 4PtA -t YET P N `-rF P SU I £CiT S W ETw1kTVV-- L�Dt& T SO4-}001_ } Co6TGa 091ktAL LAE) Ot4T LAL'i.JstAi,o J1Rr T CRAR.G Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: VOW t tti ; =t? - »I t?.NP-sy nz IA gflfY_w^_Sqr‘ Tit nK + 1' +! s ��c� f-+. + -- + Experience or Special Knowledge Pertaining to Area of Interest: t.tCvN5 .V fraiFTP .,AiSTi Tr6.41NEE Pabj' iwrE'K.Es tiv Ca�Y►\tm` WJT Have you ever been convicted of a crime? No: Ye-: UQLc. 2 OvP signature: Piease feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Residency requirements may not appiy This document is filed as 5 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES X Building Advisory & Appeals Board* Civil Service Commission X Community & Police Relations Commission* X Housing & Community Development Committee Library Board of Trustees X Parks & Recreation Advisory Board X Planning Commission Port Commission X Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Sweetwater Authority X Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name MONA RIOS Home Address 3414 Eleanor Place, NC Tel. No. 619-994-0884 Business Affiliation City of NC- Library TitleSr. Library Technician Business Address 1401 National City Blvd. Tel No. 619-470-5812 Length of residence in National City55 yrs. San Diego County 55 yrs California 55 yrs Educational Background Wide growing up National City I attended Kimball Elementary and Sweetwater High School. I went on to become an honor student at Southwestern College majoring in Political Science. Occupational Experience 10 years San Diego Community Colleges/San Diego Unified School District 5 years - San Diego County Library & 10 years - City of National City - Library Professional or technical organization memberships National City Chamber of Commerce, South Bay Forum, San Diego Women's Democratic Club, National City Friends of the Library, Kimball Seniors Citizens Club Civic or community experience, membership, or previous public service appointments: President of South Bay Democratic Club, Delegate to the State Convention (79th Assembly District), Senior Nutrition Center Volunteer, Relay for Life Experience or special knowledge pertaining to area of interest: 20 years holding board positions (Roberts Rule of Order), building coalitions & networking with all levels of government. Have you ever been convicted of a crime? No X Date 2/2/09 Signature Please feel free to provide additional info tion or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City_ (This document is filed as a public document) *Residency requirements may not apply Revised November 19, 2008 6 Esther Clemente From: mona.rios [mona.rios nationalcitylibrary.orgj Sent: Tuesday, February 10, 2009 5:30 PM To: Clerk Subject: Board & Commission Vacancy Hi Mr. Dalla, I would like to be placed on the list for a vacancy in the Planning Commission, my first priority being the Community & Police Relations Commission_ Thank you so much, Mona Rios Library mona.rios@nationalcitylibrary.org 619.470.5812 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* jC.vil Service Commission \/j°mmunity & Police Relations Commission* V/ Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board P ks & Recreation Advisory Board Planning Commission /Port Commission P blic Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree &Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: FFIT Y SCl-IR0C% > �� Home Address: 8 2q-, 471,AVe- NA-7L3i,AL LIT Y tj Iel. No.: 9s� Business Affiliation: Title: /4(9) 5 /-9 o Business Address: Tel. No.: Length of residence in National City: YeD•U* San Diego County: 17 Y h alifornia: I YepCS -1 Educational Background: r ta0k E 6I o! .5Vod-p , Occupational Experience: Z �1�� L. 1.,� eve, '3-'h y G►, , Ztr/tf' , oh ' L In (h-1y Kfrlo wi ed �9 c a lc -144 91 bovi o c Pro 'siortiaf or technical org ization mem ershihips: � e 9 �"9 (-rob l��r Civic or community experience, membership, or previous public service appointments: o.SS is o (/ i h r i fir. 9 I've >°rl-fr, Expe 'ence or pecial n�edge pertaining o area or interest: ; i- Kvtow�--the k -eggkboyL,rowas we(I o� Get It* H eyou ever been convicted tc ed of a crime? No Yes Date: s/11/09 Signature: Er,2:2ue Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is fled as a public document Revised March 7, 2007 4- CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee` San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: 1A-MtiotrukS GE&jDr Home Address: 110 (WE-, Nrfrovi Ct Tel. No.: l00 --1,O,j- Lit >s Business Affiliation: (JA1y 1rt, 5&reeltzu5 I-rr-borzctFy Title: Raticil l 41uce cEr- Business Address: 3`1K2 FA-reit/ Mr Ave., 51to btfi0,44 TeL No.: 4'1'`l-S3i-851 Length of residence in National City: 50 San Diego County: .7 - California: 53 Educational Background: Wi-j- r --f 4Ls PC (ca ((e10 Cku4-,4ir1 t M,4-Ta_ {-'kpsie; 6(4 i ; F3 S t T (.— q d%:5 *tort' Q ( Occupational Experience: W{ mot. -teed y r , eSc ttk. (G (5. fry) �Q jack( 'W7. e f G??u-j/,J00� uprO(J&r r / u.. Fsk..,11-f i . Professional or technical (organization memberships: 70c7Gi .off rorcersr� / grce) �e fj7s t athr to %,� rcnli J (, tialea.c• 50efe" dva-- Civic or community experience, membership, or previous public service appointments: Upge - FOL "`i Me/Aber Experience or special knowledgepertainingto area of interest: CPi 49A its- (ovier 1 V{Cieitau Have you ever been convicted of a crime? No ✓ Yes Date: 8/ t 34 9 Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 ITEM #2 11/3/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of October 6, 2009. (City Clerk) ITEM #3 City of National City 11/3/09 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT ETING DATE November 3, 2009 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City and Harris & Associates for the Not -to -Exceed amount of $100,000 for a one year period to provide on -call professional engineering, financing, surveying, project/construction management and inspection services for various Capital Improvement Projects and authng the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BY Barby Tipton DEPARTMENT EXPLANATION See attached explanation. Development Services EXT. 4583 Engineering Division Environmental Review X N/A Financial Statement There is no financial impact at this time. As needed, any and agreement, at which time a supplement to the agreement will number to be charged. MIS Approval Approved By: Fi nce Director or all CIP account nu ers will be used to fund this be processed showing the actual amount and account Account No STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMISSI • N RECOMME ATION N/A 4 ATTACHMENTS (Listed Below) 1. Resolution 2. Contract Agreement Resolution No. chains A-200 (Rev. 7/03) EXPLANATION: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects for fiscal year 2009-2010. Eleven RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, and the cost to the City. Four firms were selected to provide the needed on -call services. The four firms selected were: 1. Wade & Associates (contract awarded on October 6, 2009, not -to -exceed $200,000) 2. Project Partners (contract awarded on October 6, 2009, not -to -exceed $100,000) 3. City of Chula Vista (contract pending, not -to -exceed $200,000) 4. Harris and Associates (this Resolution for adoption, not -to -exceed $100,000) Supplements to the agreement will be processed to account for actual amounts and project(s) to be charged. The on -call Consultant will provide support services including specifications and plans preparation services, general engineering assistance, construction management and construction inspection, and budget management as needed for the City's Capital Improvement Projects. As the CIP projects are awarded, the City will request a proposal from the On -call consultant that outlines the detailed scope of work using the rates received from this proposal. Staff recommends approval of Resolution. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARRIS & ASSOCIATES FOR THE NOT -TO -EXCEED AMOUNT OF$100,000 FOR A ONE-YEAR PERIOD TO PROVIDE ON -CALL PROFESSIONAL ENGINEERING, FINANCING, SURVEYING, PROJECT/CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call professional engineering, financing, surveying, project/construction management, and inspection services for the City's Capital Improvement Projects for a period of one year; and WHEREAS, the City has determined that Harris & Associates is a project management firm, and is qualified by experience and ability to perform the services desired by the City, and Harris & Associates is willing to perform such services for the not -to -exceed amount of $100,000 for a period of one year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Harris & Associates in the not -to - exceed amount of $100,000 for a one year period to proved on -call professional engineering, financing, surveying, project/construction management, and inspection services for various Capital Improvement projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES THIS AGREEMENT is entered into this 3rd day of November, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Harris & Associates, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call general engineering services, construction inspections and project management services for the City's Capital Improvement projects. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress 1 progress and execution of this Agreement for the CONSULTANT. E. Javier Saunders, PE thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the ONSULTANT shall be based on actual work requested and performed, not -to -exceed $100,000.00 $2013701AWO. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on October 6, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 2 Citys Standard Agreement —June 2008 revision the CITY should the documentsbe used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed_ 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANTs employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and . Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at ail times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANTS trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 3 City's Standard Agreement - June 2008 revision 8. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13_ NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attomeys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the Califomia Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of. any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17_ INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII 5 5 Gty's Standard Agreement - June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificates) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATIONIARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, Califomia, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 6 City's Standard Agreement —June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANTs breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Harris & Associates Attn: E. Javier Saunders, PE 750 B Street, Suite 1800 San Diego, CA 92101 Notice of change of address shall be, given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall riot perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, 7 7 City's Standard Agreement - June 2008 revision process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Govemment Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY_ ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breath of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8 8 City's Standard Agreement — June 2008 revision K_ Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor a e) V14e ecSr_S HARRIS & ASSOCIATES (Corporation - signatures two corporate officers) (Partnership - one (Sole proprietors, f,. 9(signature) APPROVED AS TO FORM: George H. Eiser, III City Attorney (Print) C (Title) By: A11, ne) Cy2 9 (Print) t,l,,1f2 t-r S (Title) 9 Gty's Standard Agreement - June 2008 revision SCOPE OF SERVICES Harris & Associates=m Shaping the Future, One Project The following is an outline of the general Scope of Services: General Requirements • Each request/project may vary in scope and magnitude. The City is not obligated to contract all services with the successful firm. • Request of services will be made on a project -by -project basis. The successful firm shall be capable of providing a proposed fee, detailed Scope of Work, and schedule within seventy- two (72) hours after receipt of the City's request for services. The proposal will be prepared on the basis of the standard schedule of fees in the agreement. • All engineering services provided will be accomplished according to the Project Drawings and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, etc., governing a particular project, and in accordance with Subdivision Map Act, Land Surveyors Act, and all other codes and practices applicable to the profession of surveying. • All reports and pertinent data obtained under the agreement between the City and the successful firm will be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. • The successful firm will certify a properly executed affidavit that we will not perform any work for the City that could lead to a conflict of interest. The successful firm will notify the City of any possible conflicts of interest prior to performing any work requested by the City. A conflict of interest may include, but will not limited to, having financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers, contractors, or material suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the successful firm fails to properly notify the City of a possible conflict of interest. • The services will be provided efficiently and in timely fashion. All services will be performed on the basis of a standard schedule of fees attached. Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports, designs, studies, or cut sheets. Billings will be submitted with, and make reference to, each individual project, itemized as to unit cost and total billed. Project name, specification number, start date, and the name of the person that requested the service would be identified on each bill. The City will provide a preferred standard format for invoicing. Invoices that are not complete as required by this section will be returned unpaid. Fee shall include all necessary resources including labor, equipment, material, and transportation required to provide these services. • Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written action of either party. Pre -design Phase The successful firm shall provide any or all of the following personnel: • Provide Management Analyst staff for projects. 750 B Street, Suite 1800 21816112111811111811114 Exhibit A S20 Diego, CA 92101-8169 619.236-1778 f.619.236.1179 www.harri- jf.kim Harris & Associates,. Shaping the Future, One Project o Minimum services will consist of financial planning including but not limited to budgeting, account reconciliation, grant reporting, project tracking and certified payroll review. • Provide engineering surveyors. • Provide engineering/architecture (includes all disciplines) design staff. • Provide project/construction management staff. • Provide engineering field inspection staff. The following are the minimum required tasks/services that are expected from the above listed personnel. Schematic Design Phase • Prepare as -built drawings of existing conditions. • Prepare schematic design drawings for the proposed improvements. • Review existing utility facility drawings and locate/relocate accordingly. • Develop preliminary construction cost estimate for the planned improvements. • Attend meetings with the City and other parties to discuss program and review schematic design concepts. Field Engineering Survey Phase The field surveying services include the following: • Boundary Survey • Topographic Survey • Site Planning Survey • Subdivision Survey • Control Survey • Construction Survey • Court Exhibit Survey Construction Documents Phase • Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required detailed engineering design. • Submit plans to City of National City Departments for plan check, and perform all required revisions to construction documents based on other Department's plan check comments. • Meet with City of National City and other stakeholders as required, to review final design and construction documents. • Develop detailed cost estimates for construction, including each component of the work. Exhibit A 750 B Street, Suite 1800 Diego, CA 92101-8169 619.236-1778 f.619.236.1179 www.harris-assor.com Harris & Associates Shaping the Future, One Project • Provide landscape and irrigation, and necessary civil/structural engineering design services as needed. It may include site surveying, mapping, geotechnical investigations, environmental documents process, structural calculations, etc. • Conduct community meetings/public outreach. • Comply with the Standard Specifications for Public Works Construction, Uniform Building Code, Local, State and Federal standards governing the projects and all other codes and practices applicable to the various disciplines involved in the project. • Provide project coordination with the City and other involved agencies, affected utilities, and community groups. The successful firm's Project Managers shall be familiar with the State requirements in processing of the federally funded project documents. • Coordinate with the Local, County, State, and Federal agencies to prepare the necessary technical reports, and obtain clearance for potential environmental/other impacts for construction authorization. Bidding Phase • Provide final original drawings and specifications for use in bid packages and assistance with bidding process as needed. The City of National City will advertise, assemble and distribute bid packages. • interpret and clarify contract documents for contractors, and assist in issuing addenda as required. • Attend the pre-bid/walkthrough meetings at the site with all interested contractors. • Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. Construction Administration Phase Construction contract administration services shall be based on project duration during the construction period, from Authorization to Proceed through Punch list Inspection. The following services will be provided: • Attend Pre-Constniction conference. hold as -needed site visits with the Contractor, Coordination Meetings to prepare agendas. • Coordinate with the Contractor regarding permitting requirements, long lead item purchasing recommendations, implementation of the City specifications, and community relations. • Hold weekly or Bi-weekly meetings and prepare agendas, meeting minutes, and chair all weekly progress and coordination meetings required by the specifications and as needed during the project. • Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. • Interpret contract documents (including all sub -consultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarifications. Log and facilitate all Contractor Requests for Information (RFI), coordinating with National City staff and Designer assuring that RFIs are responded to expeditiously. 750 B Street, Suite 1800 San Diego, CA 92101-8169 Exhibit A 619.236-1778 Harris & Associates,. Shaping the Future, One Project • Make at least one scheduled site visit every week during the course of construction to observe the project, and prepare site visit report. Site visit shall include meeting with contractor and City representative to review progress of constniction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. • Assist in reviewing and processing contractor's progress payment requests, and certifying the amount due to the Contractor. • Revise Contract Documents resulting from City requested changes to documents previously approved by the City, or due to code or zoning changes made subsequent to City approval. • Provide services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for constniction. • Assist in Design Revisions and Project Change Orders Review, negotiate and make recommendations on Contractor- and Owner -generated construction contract change orders; address contract revisions, design changes, unanticipated field conditions, additional work requests, etc. Once reviewed, make recommendations to National City for review prior to responding to the Contractor. • Prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes. Coordinate revisions with Designer. Consult with and advise, National City on contract revision -related issues. These contract revisions may or may not result in contract change orders. • Provide scheduling services for periodic review, analysis and tracking of the Contractor's construction schedule. • Provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with National City., etc. • Facilitate any required materials testing required by the contract and shall coordinate and review lab, shop and manufacturers test reports, results of field materials testing, etc. Project Closeout • Make site visits to perform Punch list Inspection, and one additional visit to perform Final Inspection. Punch list Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. • Assist National City staff with project closeout, including final acceptance, claims negotiations, preparation of Notices of Completion, and making recommendations for final payment and release of retention or securities to the Contractor. The On -call services shall be provided a period of 1 year from date of signed agreement. Each project will vary in hours needed per week and will be defined in the scope of work proposal request. The City shall have the right to interview and approve individuals selected to provide services to the City. Exhibit A 750 B Street, Suite 1800 Sian Diego, CA 92101-8169 619.236-1778 f.619.236.1179 www harris-assoc.rom ,NCo 1170R ATV) On -Call Professional Engineering Financing, Surveying, Design, Project/ Construction Management and Inspection Services Schedule of Fees Construction/Program Management Project Director $200 - 220 Senior Construction Managers $170 195 Project Managers $150 - 170 Construction Managers $130 - 185 Resident Engineers $125 - 170 Construction Engineers $100 - 155 Scheduling Engineers $110 - 140 Cost Engineers $110 - 140 Inspectors $110- 130 Technicians $80 - 100 Administration $65 - 90 Engineering Design and Public Works Services Project Directors $200 - 220 Senior Project Managers $180 - 195 Project Managers $150 - 175 Project Engineers $125 - 160 Design Engineers $85 - 120 Technical Support $60 - 95 Administration $60 - 85 Notes: 1. These individuals include professionals and support personnel who might work on Harris projects. Support personnel include technicians and administrative staff. 2. Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective January 1, 2011, and every subsequent year thereafter, and all rates will be increased 3.5% annually. 3. Unless otherwise indicated in the agreement, hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computer and telephone), and printing and copying (except large quantities such as construction documents of bidding purposes). 4. Billing rates for independent contractors and hourly employees are determined on a case -by -case basis. 5. All sub consultant services are subject to a 10% markup. 6. Prevailing wages - wages for inspection subject to California Labor Code Section 1772. Overtime charged for time over eight (8) hours in a 24-hour period subject to prevailing wage requirements and will be charged 1.5 times the hourly rate. 11 Harris & Associates. 14 1 ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MNIDD/YY) 09/24/09 PRODUCER 0757776 1-800-877-4560 Hub International of California Insurance Services Caylor Blvd. 4#300 Pleasant Bill, CA 94523 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Harris & Associates Inc. Attn: Susan Mandl lag 120 Mason Circle Concord, CA 94520 ( INSURER A: 0neBeaCOn America Insurance Co. INSURER : Hartford Fire Insurance Company INSURER C: In surance Company of State of PA INSURER : Travelers Property Casualty Co of Amer. INSURER E. Continental Casualty Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TRDATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE (MMIDD/YY1 POLICY EXPIRATION DATE (MMIDDNYI LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 7180096900003 08/01/09 08/01/10 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 1 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10, 000 % X GEN'L —1 'X' 'C' 'U' PERSONAL&ADV INJURY $ 1,000,000 Sev. of Interest GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 POLICY I-70 jE 7 [ LOC B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 57U110L6878 08/01/09 08/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY - (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS X LIABILITY I OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ HE19210578 08/01/09 08/01/10 - EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1, 000, 000 Pol. #AR6460401: * $ Each Occurrence $ 10, 000,000 Aggregate $ 10, 000, 000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PSUB8166N36A09 OB/01/09 08/01/10 X ORYLMINC ITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1. 000, 000 E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 E OTHER Professional Liability AEA113822501 08/01/09 08/01/10 5,000,000/claim; $10,000,000Ag Aggregate $10,000,000 Ded. each claim $150,000 DESCRIPTION OF OPERATIONSJLOCATIONSNEHIC1ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS * Excess Liab Pol #AR6460401, Colony National Insurance Co., Effective 08/01/09-10. General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms ASCOO1O 0198 & HA9913 0187. On -Call General Engineering Services, Construction Inspections and Project Management Services for City's Capital Improvement Projects (H&A 8092-0474) CERTIFICATE HOLDER I 1 ADDITIONAL INSURED; INSURER LETTER: 092-0474 Maryam Babaki City of National City I National City Blvd. 'National City, CA 91950-4397 USA CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL L' MAIL 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XIINIRSIX8 AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) hkunz 13109846 15 Certificate Delivery by CertificatesNow - www-ConfirmNet.com - 877.669.8600 GACORD CORPORATION 19B8 J POLICY #: 7180096900003 EFFECTIVE: 8/1/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GI. CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. WIIO IS AN INSURED — (Section I1) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and IL Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or `property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. ASC 00 10 01 98 Page 1 of 1 16 Excerpts from: OneBeacon Form VCG 206 02 05 @VANTAGE FOR GENERAL LIABILITY - CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number: 7180096900003 Insurer: OneBeacon America Insurance Co. Policy Period: August 1, 2009 to August 1, 2010 5. BLANKET WAIVER OF SUBROGATION Section IV -Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury' or "property damage", that requires you to waive your rights of recovery_ Page 1 of 1 17 POLICY NUMBER: 57UENUL6878 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S_A. 18 Excerpts from: Form CA0001 1001 BUSINESS AUTO COVERAGE FORM Policy Number: 57UENUL6878 Insurer. Hartford Fire Insurance Company Policy Period: August 1, 2009 to August 1, 2010 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Page 1 of 1 19 TRAVELERS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (0D) — 001 POLICY NUMBER: (PSUB-6166N36-A-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees white engaged In the work described In the Schedule. The additional premium for this endorsement shall be 2 . % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER . DATE OF ISSUE: 08-03-09 ST ASSIGN: 20 City of National City, California COUNCIL AGENDA STATEMENT 5 ...FETING DATE November 3, 2009 AGENDA ITEM NO. (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ASSIGNING A FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") ALLOCATION OF $41,203 FOR THE NATIONAL CITY POLICE DEPARTMENT HOMELESS OUTREACH PROGRAM AND ENFORCEMENT TO SOUTHBAY COMMUNITY SERVICES AS CDBG SUBRECIPIENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUBRECIPIENT AGREEMENT ALLOCATING SAID CDBG FUNDS PREPARED BY Carlos Aguirre (Ext. 4391) DEPARTMENT Housing and Grants Divisio Community Development EXPLANATION On April 21, 2009, the National City Police Department received an allocation of Community Development Block Grant (CDBG) funding for $41,203 for the Homeless Outreach Program and Enforcement public service activity through the Fiscal Year 2009-2010 CDBG funding cycle. The funded activity would allow the Police Department to provide case management services and resources to the chronically homeless. South Bay Community Services submitted a proposal that would fulfill the scope of the services of the Homeless Outreach Program. To most effectively serve the needs of National City, the National City Police Department has requested that the grant funds be assigned directly to South Bay Community Services. South Bay Community Services qualifies for CDBG grant funding as a non-profit public benefit 501(c)3 corporation and has the organizational capacity to execute the scope of services initially proposed by the Police Department. To allocate the FY 2009-2010 CDBG funds in the amount of $41,203 for said public service activity, the City must execute a CDBG Subrecipient Agreement between the City and South Bay Community Services. Environmental Review \I N/A Financial Statement -ri7 $41,203 was allocated on April 21, 2008 for FY2009-2010 to account 3-411-000-213-0000. Account No. 301-411-000-213-0000 Approved By: o/wi /t Finance Director STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Original CDBG application from the National City Police Department [. Attachment 2: Grant Proposal by South Bay Community Services A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ASSIGNING A FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") ALLOCATION OF $41,203 FROM THE NATIONAL CITY POLICE DEPARTMENT HOMELESS OUTREACH PROGRAM AND ENFORCEMENT TO SOUTH BAY COMMUNITY SERVICES (SBCS) AS CDBG SUBRECIPIENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUBRECIPIENT AGREEMENT WITH SBCS ALLOCATING SAID CDBG FUNDS WHEREAS, on April 21, 2009, the City of National City allocated Community Block Grant funding for Fiscal Year 2009-2010 in the amount of $41,203 to the National City Police Department for the Homeless Outreach Program and Enforcement Public Service Activity; and WHEREAS, to better serve the needs of National City, the National City Police Department has requested that the grant funds be assigned to South Bay Community Services, a non-profit corporation of the State of California, that has the organizational capacity to deliver the scope of services proposed in the initial CDBG application for the Homeless Outreach and Enforcement Public Service Activity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby assigns the Fiscal Year 2009-2010 Community Development Block Grant funding in the amount of $41,203 to South Bay Community Services as CDBG Subrecipient. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a CDBG Subrecipient Agreement allocating said FY 2009-2010 CDBG funds in the amount of $41,203 to South Bay Community Services for the Homeless Outreach Program and Enforcement Public Service Activity. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACMHEn'T *t 1 APPLICATION GENERr.INFORMATION Program Name: Homeless Outreach Program and Enforcement (HOPE) Name of Organization Submitting Proposal: National City Police Department Mailing Address: 1200 National City Boulevard, National City, CA 91950 Main Telephone: (619) 336-4400 Fax: (619) 336-4525 Type of Organization (check all that apply): Tax ID Number: ❑ Non -Profit ® Government ❑ CHDO ❑ Faith -Based 95-6000749 Program Contact and Title: Dennis Leach, Sergeant Faw* 2>tSlinoe. WCPD xx9e r►�- Direct Telephone: (619) 336-4438 Email Address: t'ujt(ri':' Authorized Contact and Title: Adolfo Gonzales, Chief of Police Direct Telephone: Email Address: (619) 336-4511 ago! r s ec( i rti i ,.; CDBG Funds Requested: $99,376.00 HOME Funds Requested: Program Description - Provide a brief description of use to which requested funds would be used (not to exceed the space provided below). Currently, the City of National City has experienced an influx in the numbers of homeless persons. With this increase, concerned citizens have frequently lodged complaints with the Police Department regarding homeless issues. It has been determined that the type of response to address homeless issues must be one that places more emphasis on long term housing rather than enforcement. The response efforts of the Police Department must be coordinated with that of other departments within the City of National City. In order to achieve this, the Department would like to propose the creation of a Homeless Outreach Program and Enforcement. The City task force would team workers from Public Works, Code Enforcement, Fire, Police, City Attorney's Office, with staff from the County Health & Human Services Department, and PERT clinician. This task force would require every city department who responds to deal with homeless issues to focus their efforts on certain problem areas at the same time. Total Number of clients you anticipate se Households: Extremely Low Income <30% AMI 250+ Low Income 31-50% AMI OR Moderate Income 51-80% AMI Non -low Moderate Income 81-100% AMI ruing: Persons: 250+ Disabled Persons Female Head of Households Staff Use Only Date Received: Received by: Method: ❑Mail ❑Hand Delivery National Objective: Application Complete: ❑ Incomplete: ❑ Application Number:. Eligible Activity: 10 City of National City - FY 2009-2010 CDBG & HOME Application APPLICATION GENER,__ INFORMATION (continued_ 1) If the applicant is a partnership or is incorporated, list the names of all partners or all board members and the Board President. Homeless Outreach Program and Enforcement (HOPE) will be a City task force that would team workers from Public Works, Code Enforcement, Fire, Police, and City Attorney's Office with the County Health & Human Services Department and Psychological Emergency Response Team (PERT) clinician. 2) Mission or goals of the organization (Attach a copy of the By -Laws and the Articles of Incorporation): The HOPE task force would pool resources, in the most effective manner, to provide a united City-wide response to provide outreach to the homeless and enforce ordinances and laws. Goals: To provide To provide To provide To provide To provide To enforce clinical assessments in the field; crisis intervention; evaluations of client psychiatric history; case management; assistance with long tern placements; and ordinances and laws. 3) Does the applicant define itself as a faith -based organization? Yes No X 4) History of the organization: For the nearly the last decade, the National City Police Department has had the advantage of having a PERT Clinician working two days a week. However, this is the first attempt to establish a coordinated task force to combat the homeless issue. 5) Prior experience with federal programs: The National City Police Department has dealt with federal grant programs in the past, however, this is the first attempt to establish a coordinated task force to combat the homeless issue. 6) Program Year Amount Funded Program Name 2008 - 2009 $ 2007 - 2008 $ 2006 - 2007 $ 2005 - 2006 $ 2004 - 2005 $ 7) Describe internal administrative controls to be used, including financial record -keeping procedures and management controls. Include copy of financial policies. The National City Police Department will be the lead agency in this program. The NCPD will work with the Finance Department to maintain financial records. 11 City of National City - FY 2009-2010 CDBG & HOME Application 8) Describe the record -keeping system to be used to maintain program data. The National City Police Department will work with the County Health & Human Services Department and Psychological Emergency Response Team (PERT) clinician to keep track of homeless contacts, referrals, and evaluations. 9) Describe the mechanisms to be used to fulfill responsibilities regarding non-discrimination, e ual employment opportunities, and other relevant local, State and Federal requirements. The City of National City is an equal opportunity r employer, committed to having a workforce that reflects the ethnic and cultural richness and diversity of the population of National City. Ethnic minorities, women, veterans, and persons with disabilities are particularly encouraged to apply for employment. There shall be no discrimination in employment or promotion or in the administration of benefits or personnel policies based on ethnic background, national origin, sex, age, marital status, mental or physical disability, except as directly related to the essential requirements of a specific position. 10) OMB Circular A-133 requires non-federal entities that expand $500,000 or more in a year in federal awards shall have a single or program -specific audit conducted for that year in accordance with OMB Circular A-133. Is the applicant aware of this audit requirement? Yes X No If the applicant has met the audit threshold in the last three years, or will meet the threshold as a result of this program/activity, please attach or provide upon completion a copy of the audit results. THIS COMPLETES THE APPLICATION GENERAL INFORMATION. PLEASE PROCEED TO ONE OF THE FOLLOWING SECTIONS: SECTION A: PUBLIC SERVICE ACTIVITIES (PAGE 13) ➢ SECTION B: PUBLIC FACILITIES & IMPROVEMENTS (PAGE 16) ➢ SECTION C: RENOVATION/ACQUISITION OF EXISTING HOUSING (PAGE 20) ➢ SECTION D: NEW HOUSING CONSTRUCTION (PAGE 24) 12 City of National City - FY 2009-2010 CDBG & HOME Application SECTION A: PUBLIC S__cVICE ACTIVITIES 1) Describe in detail our .ro.osed program/activity for which funding is being requested. The National City Police Department would like to propose the creation of a Homeless Outreach Program and Enforcement. The City task force would team workers from Public Works, Code Enforcement,. Fire, Police, City Attorney's Office, with staff from the County Health & Human Services Department, and Psychological Emergency Response Team (PERT) clinician. This task force would require every city department who responds to deal with homeless issues to focus their efforts on certain problem areas at the same time. The HOPE task force would assemble for two days bi-weekly. Overtime costs will need to be appropriated to the various departments to provide funding to carry out the mission of the HOPE task force. In addition, funds would be allocated to the County Health & Human Services Department, and Psychological Emergency Response Team PERT) clinician to increase staffing. 2) What are the antici.ated start and completion dates of the activity? Start: Jul 1, 2009 Com.►etion: June 30, 2010 3) Identify which most accurately describes the program/activity for which funding is being requested. New program/activity: This is the first attempt to establish the HOPE task force to combat the homeless issue. Existing program/activity where the number of those served will not increase: Expansion of an existing program/activity where additional persons will be served: Other, please describe: 4) What is the specific goal or measurable outcome that will be achieved as a result of the program/activity? (i.e., why is the program/activity being undertaken and how will it directly benefit the clientele served?) The HOPE task force would pool resources, in the most effective manner, to provide a united City-wide response to provide outreach to the homeless and enforce ordinances and laws. The measure of success will be the placement of homeless individuals in long-term care facilities. It is the experience of most officers within the NCPD that persons who become homeless fall within 3 categories: mentally ill, drug or alcohol dependent, and/or have fallen upon random circumstances which have disrupted their life and subsequently caused them to become homeless. Those who are homeless clue to one or more of the these reasons, do not benefit, nor do they become motivated to seek long term housing as a result of being issued a citation by a police officer. On some occasions, homeless are involved in criminal offenses that warrant their arrest and booking into county jail. On other occasions, providing the outreach to various resources can help a homeless person get back on their feet and into a long-term care facility. The HOPE task force will be tasked to contact as many homeless people as possible to try to bridge the gap between homelessness and Ion term hel 5) If this is an existing program/activity, how many individuals were served in the previous 12 month period? For the nearly the last decade, the National City Police Department has had the advantage of having a PERT Clinician working two days a week. However, this is the first attempt to establish a coordinated task force to combat the homeless issue. 13 City of National City - FY 2009-2010 CDDG & HOME Application 6) How many individuals I be served in the 12-month perfor which funding -is being requested? Approximately over 250 homeless people will be served in the 12-month period for which funding is being requested. 7) Check the one box that most accurately describes the eligibility of the program/activity. (Check only a, b or c.) a) The program/activity will have income eligibility requirements to primarily serve low- and moderate -income beneficiaries. (Check any income levels that apply.) at or below 30% of the median family income (MFI) at or below 50% MFI at or below 60% MFI at or below 80% MFI over 80% MFI (Ineligible activity if most beneficiaries are over 80% MFI) b) The program/activity will be open to all persons regardless .of income. Is there a recognized boundary for the area served, such as census tracts, block groups, neighborhoods, street boundaries, etc.? Yes No (If yes, please describe boundaries) c) The program/activity will primarily serve one of the following groups. (Category selected must be consistent with the mission of the organization as evidenced by the By -Laws and Articles of Incorporation.) Check only one box. Abused/neglected children X Homeless persons Elderly persons_ Persons with disabilities Battered spouses Illiterate persons Persons with AIDS/HIV Migrant farm workers 8) Will information on family size and income of the beneficiaries be obtained and verified by your organization? Yes No X 9) Will a fee be charged for services? Yes No X (If yes, attach a copy of the fee schedule.) 10) What will be the status of your program/activity if you do not if you do not receive the full amount requested? If funding is not provided, the HOPE task force will not exist. Although there is a homeless committee that meets monthly to discuss city-wide homeless issues, each department works independently of each other when dealing with homeless issues. For example, Public Works frequently deploys to resolve issues with encampments, waste, and debris. Fire responds with Police to calls of persons down in need of medical attention or fires related to transient encampments. Code Enforcement assists with handling numerous homeless complaints and encampments. There is currently no concerted effort to consolidate resources for the purposes of addressing homeless issues. receive CDBG/HOME funding, or 14 City of National City - FY 2009-2010 CDBG & HOME Application 11) Please complete the ac. .y budget/table below for Public Ser. _ Activities. Column A: List the items for which you anticipate the need for CDBG funds during the 2009 Program Year. Column B: Provide the projected request for CDBG funds. Column C: Provide the total of other funds to be used. Column D: List the name(s) of the other funding source. Column E: List the total item budget. Column A Budget Item Column B CDBG Request Column C Other Sources Column D List Name(s) of Other Sources Column E Total Budget Personnel (List Salaried Position )ob Titles) SOCIAL WORKER $31,200.00 $31,200.00 PART TIME SENIOR CLINICAL PSYCHOLOGIST $31,200.00 $31,200.00 Overtime for 2 employees from 5 Depts. meeting once a month :at $50/hr for two hours $12,000.00 $12,000.00 Operating Costs Supplies $325.00 $325.00 Equipment $1,136.00 $1,136.00 Rent/Lease Insurance Printing $3,624.00 $3,624.00 Dedicated Vehicle $17,171.00 $17,171.00 Other (Uniform) Telephone $1,320.00 $1,320.00 $1,400.00 $1,400.00 Budget Total $99,376.00 $99,376.00 THIS COMPLETES SECTION A. GO TO: APPLICATION CHECKLIST (PAGE 28) APPLICATION CONFLICT QUESTIONNAIRE (PAGE 29) ➢ APPLICATION CERTIFICATION (PAGE 30) 15 City of National City - FY 2009-2010 CDBG & HOME Application APPLICATION CHECKLIST Name of Organization Submitting ADDlication: Activity Name: Please submit your proposal packet including all of the following information (if applicable to your agency or proposed project/activity) in the order outlined below. You must submit these documents even if you have previously provided them in prior years. Submit ONLY One Copy of the Following: ❑ 1. Application Checklist (1-Copy) ❑ 2. Application Conflict of Interest Questionnaire (1-Copy) (l 3. Application Certification (1-Copy) ❑ 4. Authorization to Request Funds/ Designation of Authorized Officials (1-Copy) 11 5. Federal and State Tax Exemption Determination Letters/Non-Profit Certification (e.g., IRS 501C (3) Letter) (1-Copy) (-j 6. Articles of Incorporation/Bylaws/Organizational Chart (1-Copy) ❑ 8. List of Board Members (with titles and terms) (1-Copy) ❑ 9. Annual Financial Statements and Audit (1-Copy) Public Service Activity Applicants - Submit One (1) Original set and Thirteen (13) Copies of the following: ❑ 1. Application General Information (14-Copies) ❑ 2. Section A: Public Service Activities (14-Copies) ❑ 5. Additional Program Information (Attachments) (14-Copies) Public Facility & Improvement Activity Applicants - Submit One (1) Original set and Thirteen (13) Copies of the following: ❑ 1. Application General Information (14-Copies Total) ❑ 2. Section B: Public Facility & Improvement Activities (14-Copies Total) 3. Additional Program Information (Attachments) (14-Copies Total) Renovation/Acquisition of Existinq Housing Activity Applicants - Submit One (1) Original set and Thirteen (13) Copies of the following: ❑ 1. Application General Information (14-Copies Total) ❑ 2. Section C: Renovation/Acquisition of Existing Housing Activities (14-Copies Total) ❑ 3. Additional Program Information (Attachments) (14-Copies Total) New Housing Construction Activity Applicants - Submit One (1) Original set and Thirteen (13) Copies of the following: L 1. Application General Information (14-Copies Total) ❑ 2. Section D: New Construction Housing Activities (14-Copies Total) ❑ 3. Additional Program Information (Attachments) (14-Copies Total) -. 16 City of National City - FY 2009-2010 CDBG & HOME Application APPLICATION CONFLICT OF INTEREST QUESTIONNAIRE Federal, State, and City law prohibits employees and public officials of the City of National City from participating on behalf of the City in any transaction in which they have a financial interest. This questionnaire must be completed and submitted by each applicant for CDBG and HOME program funding. The purpose of this questionnaire is to determine if the applicant, or any of the applicant's staff, or any of the applicant's Board of Directors would be in conflict of interest. 1. Is there any member(s) of the applicant's staff or any member(s) of the applicant's Board of Directors or governing body who is or has been, within one year of the date of this questionnaire, (a) a City employee or consultant, (b) a City Council person, or (c) a Member of the Housing and Community Development Committee (HCDC)? Yes If yes,_please list the name s) and information requested below: Name of Person Job Title of Person No Indicate: City Employee or Identify City Consultant; City Council Department Person; or HCDC Member 2. Will the CDBG funds requested by the applicant be used to award a subcontract to any individual(s) or business affiliate(s) who is currently or has been, within one year of the date of this questionnaire, (a) a City employee or consultant, (b) a City Council person, or (c) a Member of the Housing and Community Development Committee (HCDC)? Yes No If yes, please list the name(s) and information requested below: Name of Person Job Title of Person Indicate: City Employee or Consultant; City Council Person; or HCDC Member Identify City Department 3. Is there any member(s) of the applicant's staff or member(s) of the applicant's Board of Directors or other governing body who are business partners or family members of: (a) a City employee or consultant, (b) a City Council person, or (c) a Member of the Housing and Community Development Committee (HCDC)? Yes No If yes, please identify the City employee, consultant, or Council person with whom each individual has family or business ties. Name of Member Indicate: City Employee or Consultant; City Council Person; or HCDC Member Indicate Type of Tie (Family or Business) If Family, Indicate Relationship 17 City of National City - FY 2009-2010 CDBG & HOME Application Authorized Signature: Signature of Applicant's Representative Date 7 9 Title APPLICATION CERTIFICATION I certify that I have read and understand all the instructions related to this application and the information provided is true and correct; the document has been duly authorized by the governing body of the applicant; and the applicant will comply with assurances, federal, state and ►ocal laws regulations if funding is approved. 2-/7— Signature of Director/Or Date Signature of Board President Date Certification must be signed by any and all owners. Signature of Owner Date Signature of Owner Date Signature of Director/Owner Date Signature of Board President Date Signature of Director/Owner Date Signature of Board President Date 18 City of National City FY 2009-2010 CDBG & HOME Application AlrACHMENT 3*2 South Bay Community Services National City Homeless Outreach Program & Enforcement A Partnership between South Bay Community Services And the City of National City, CA south bay community services 1124 Bay Blvd., Suite D • Chula Vista, California 91911 Tel: 619A20.3620 • Fax: 619.420.8722 August 2009 Funded in part by the County of San Diego 24 hr. Hotline: 809.640.2933 National City Homeless Outreach Program & Enforcement (HOME) Purpose: This proposal is submitted based on previous conversations with Lt. Keith Fifield, National City Police Department (NCPD), concerning South Bay Community Services (SBCS) supporting the City of National City in meeting the needs of its growing homeless population. SBCS requests a grant of $41,203 of CDBG-Homeless Outreach Program & Enforcement (HOME) funds to serve as a Homeless Outreach Liaison for the City and the city's homeless population. SBCS' goal is to assist National City's homeless individuals and families to access services and supports that will enable them to change their lives and become as self-sufficient as possible given their individual situation and potential. This will be achieved through the provision of outreach, assessment, referrals, and case management services aimed at assisting them to access public services and benefits, supportive services, employment, and stable housing. SBCS proposes to hire a part time (30 hrs/week) Homeless Outreach Liaison, who will be stationed at NCPD and will provide the following services: 1. Receive and follow-up on residents' concerns regarding the city's homeless population. 2. Conduct outreach to ensure that homeless individuals are aware of services available. This will include visiting various homeless 'camps' in National City at various hours of the day, in order to provide crisis intervention and connect as many homeless people as possible with appropriate services. 3. Provide one-to-one crisis intervention, assessment, and case management to homeless individuals. 4. Provide information and facilitated referrals, including information on obtaining public benefits and other services and programs available in the community such as shelter and longer -term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, etc. 5. Participate in regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Evaluation: Program Evaluation and Quality Management is an integrated process facilitated by the SBCS' Quality Assurance Department. The QA staff possess extensive experience with monitoring and evaluating service delivery, and they regularly review the conditions of each contract to ensure these conditions are being met correctly and with high quality. SBCS has written policies that address Privacy and Confidentiality and the Release of Information, and all program procedures are HIPAA compliant. SBCS will use various tools to measure program success, including a contact log, sign -in sheets, customer satisfaction surveys, and individual case contact notes. The contact log will provide a record of homeless persons contacted or assisted by the Homeless Liaison. Sign -in sheets will indicate that a group or presentation took place. Individual case contact notes may include the assessment tool together with progress notes indicating increased knowledge of risk and resilience/protective factors, as well as increased social South Bay Community Services Page 2 National City Homeless Outreach Program & Enforcement (HOME) support and coping skills; referring information; notice of privacy and releases of information; evaluations, reports, and individual service plans including any revisions; progress notes; collateral notes from conversations/meetings with other people including professionals regarding the case; and a closing summary. They also include income data to establish that at least 51% of those served are low- to moderate -income. Organizational Experience Founded in 1971, SBCS is a multifaceted non-profit organization providing a comprehensive array of interconnected health, social service, education, and community development activities for children, youth, and families. SBCS' mission is to provide children, youth, and families with services which reinforce the family's role in our community and assist individuals to aspire realisticly to lives of self-fulfillment. SBCS touches the lives of almost 50,000 people annually, 60% of whom live below poverty level. SBCS serves the County's South Bay region, which covers over 400 sq. miles with a population of 450,244 and includes National City. SBCS' strengths include an exceptionally high level of collaboration with a wide variety of agencies; a broad range of bilingual, culturally appropriate services responding to the many needs of struggling families; flexible wraparound philosophy, including a "no wrong door" approach with staff out -stationed at multiple locations (including National City's Family Resource Centers, police department, and schools), that is responsive to emerging needs and challenges; and a high level of trust and recognition among low-income and at -risk neighborhoods. SBCS is committed to providing respectful services based on community strengths, needs, and goals. SBCS has an annual operating budget of $16.5 million, employs a staff of 212 professionals supported by 200 volunteers. Staff hiring takes into account the racial, ethnic, linguistic, and social background of clients and every effort is made to provide a similar staff/client balance. Services are provided through four departments: Family Wellness & Self Sufficiency Department: an integrated continuum of service strategies and programs focused on strengths, assets, and resiliencies of families; 2. Youth & Family Development: emphasizing prevention, early intervention, and diversion; 3. Community Development: affordable housing and economic advancement for low- income families; and, 4. Child Well Being Department: promoting children's abilities to learn at their optimal potential through health and developmental screenings, assessments and treatment, and early educational opportunities. As a result of our almost 40 years experience providing programs and services for children, youth, individuals, and families in the South Bay, SBCS has achieved a recognized level of success and expertise in working with low- and moderate -income individuals and families, including many who are homeless, and especially in providing bilingual, culturally competent services that are unparalleled in San Diego County. SBCS has been providing services to homeless youth and families since 1986, first in a series of Host Homes for runaway and homeless youth, and since in 1993 to homeless families (defined as at least one parent with a child or children). SBCS has a history of meeting the basic needs of our region's struggling individuals and families, and currently operates the South Bay's only permanently established homeless shelters. SBCS is recognized as the "go -to" agency in the South Bay to find out about community resources. SBCS has developed and manages 464 units of low income short-term, transitional, and affordable housing. In addition to serving homeless families, SBCS provides housing programs for vulnerable populations including youth aging out of foster care, runaway South Bay Community Services Page 3 National City Homeless Outreach Program & Enforcement (HOME) and homeless youth, victims of domestic violence, families suffering from HIV/AIDS, and low-income seniors. SBCS' integrated services for the homeless include short term shelter and transitional housing, 24-hour crisis intervention, mental health counseling, trauma -informed substance abuse services, legal assistance, emergency food, clothing, and transportation, parenting classes, job preparation, rental assistance, affordable housing development, independent living skills, child development and therapeutic preschool program, and a court -certified batterers' program. All homeless clients are assisted to ensure their inclusion on Section 8 Waiting Lists. SBCS staff have recognized that an increasing number of individuals coming through our programs are suffering from drug and/or alcohol abuse as well as serious mental illness, and that these serious, and often inter -related, conditions diminish their ability to establish permanent housing and self-sufficient lifestyles. As a result, SBCS now provides on -site mental health treatment and trauma informed substance abuse treatment and recovery services. Since July 2008, SBCS has provided Family Self Sufficiency services to individuals and families who meet the federal poverty level guidelines, under a contract with the County of San Diego. SBCS' WIA program for former foster youth and youth transitioning out of incarceration, known as the EXCEL program, is successfully meeting the intensive employment and educational training needs of many participants as evidenced by our increased employment and employment retention rates. The program also provides 6 month on-the-job internships for those needing additional assistance in attaining employment. SBCS is a member of the Regional Continuum of Care Council (RCCC) and has long been a leader in local homelessness prevention and assistance programs. Out of the work of the RCCC, the "10-Year Plan to End Chronic Homelessness in the San Diego Region" (PTECH) was created, and in 2004 San Diego County launched the plan which outlines strategies to eliminate chronic homelessness by 2012. The plan focuses on two core elements: the Housing First/Housing Plus model which has documented success in other communities, and strategies aimed at homelessness prevention. SBCS' Executive Director Kathryn Lembo is a member of Implementation Committee for the PTECH. Through this involvement she is able to ensure that National City constituents' issues are addressed during the implementation of the County -wide plan. SBCS also continues to be an active member of the RCCC. SBCS has a demonstrated commitment to forging successful collaborative relationships in order to serve low-income families and individuals more effectively, currently coordinating a number of major regional initiatives including Community Services for Families (CSF - child abuse prevention & intervention services), First 5 Healthy Development Services (HDS), the Community Assessment Teams (at -risk youth & families), and the Domestic Violence Response Team. SBCS was a founding member of the region's community collaboratives, and is the lead coordinator of services provided at the FRCs. SBCS and its partners maintain a comprehensive network through shared trainings, collaboration, joint programs, and co -located staff, serving the region from over 30 locations including school -based FRCs, Domestic Violence and Homeless Shelters, Hospitals, Schools, and Community Clinics. All are staffed by diverse teams of bilingual/bicultural professionals and dedicated, trained volunteers from the community. SBCS' history as a community leader, together with its comprehensive range of services for at -risk and homeless individuals and families, position it as uniquely able to assist individuals and families that are experiencing homelessness in National City. South Bay Community Services Page 4 SOUTH BAY COMMUNITY SERVICES NC CDBG NC HOPE One Year Budget Annual % to TOTAL Other PERSONNEL Salary Program COST Sources Requested Department Director $ 110,000 10% $11,000 11,000 $0 NC Homeless Liasion $ 36,000 75% 27,000 0 27,000 Sub -Total Salaries $38,000 $ 11,000 $ 27,000 FICA 2,907 842 2,066 SUI 254 18 236 Pension 1,640 1,100 540 Health Insurance 3,499 465 3,034 TOTAL PERSONNEL $46,299 $ 13,424 $ 32,875 NON -PERSONNEL Equipment Purchase (1 Laptops) 1,400 1,400 Insurance W/Compensation 760 220 540 Mileage @ 100 miles/mth x $.55 660 0 660 Program Supplies @ $50/mth 600 0 600 Telephone @ $35/mth 420 0 420 TOTAL DIRECT COST $50,139 $ 13,644 Indirect @ 12.9% 6,468 1,760 TOTAL COST $ 56,607 $ 15,404 $36,495 4,708 $ 41,203 NC CDBG - NC HOPE City of National City, California COUNCIL AGENDA STATEMENT :ETING DATE November 3, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement with Grossman Psychological Associates, APC, in the not to exceed amount of $51,000 to extend the term of the Agreement for one additional year to provide pre -placement evaluations, pre -employment exams, Officer Assistance Program, critical incident debriefings and fitness for duty evaluations for the Police Department PREPARED BY Robert A. Rounds, Sergeant (ext. 4508) DEPARTMENT EXPLANATION Police The City entered into an agreement on June 16, 2009, for Grossman Psychological Associates, APC, to provide pre -placement evaluations, pre -employment exams, Officer Assistance Program, Critical Incident Debriefing and fitness for duty evaluations from July 1, 2008 through June 30, 2009. The original Resolution is 2009-148. It is of mutual benefit to extend the term of the agreement for one additional year, expiring June 30, 2010. Environmental Review V. N/A Financial Statement Budgeted Item through the General Fund Account No. 001-411-000-205-0000 STAFF RECOMMENDATION Adopt Resolution BOARD! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. amendment to Agreement Between the City of National City and Grossman Psychological Association, Resolution #2009-148 A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC, IN THE NOT -TO -EXCEED AMOUNT OF $51,000 TO EXTEND THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL YEAR TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFINGS, AND FITNESS FOR DUTY EVALUATIONS FOR THE POLICE DEPARTMENT WHEREAS, on June 16, 2009, the City Council adopted Resolution No. 2009-148 approving a one year agreement with Grossman Psychological Associates, APC, in the amount of $51,000 to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations; and WHEREAS, the Agreement was for the time period of July 1, 2008 through June 30, 2009. For the mutual benefit of both parties, the Police Department now desires to extend said Agreement from July 1, 2009 through June 30, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement in the not - to -exceed amount of $51,000 with Grossman Psychological Associates, APC, to provide pre - placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations from July 1, 2009 through June 30, 2010. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2009 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $51,000 WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC, TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFINGS, AND FITNESS FOR DUTY EVALUATIONS FOR THE POLICE DEPARTMENT WHEREAS, the National City Police Department desires to employ a consultant to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations; and WHEREAS, the. City has determined that Dr. Ira Grossman of Grossman Psychological Associates, APC, is a licensed psychologist that has specialized in police psychology since 1982, and is qualified by experience and ability to perform the services desired by the City, and Grossman Psychological Associates, APC, is willing to perform such services for the not -to -exceed amount of $51,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the not -to -exceed amount of $51,000 with Grossman Psychological Associates, APC, to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 161h day of June, 2009. ATTEST: Mic ael R_ Dalla, City Clerk APPROVED AS TO FORM: q George H. iseI City Attorney Ron Morrison, Mayor yf4idi7 A Passed and adopted by the Council of the City of National City, California, on June 16, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-148 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2009. /4:1/vLi City Cierk of the City of National City, California By: Deputy AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GROSSMAN PSYCHOLOGICAL ASSOCIATION, APC This Amendment to Agreement is entered into this day of October, 2009, by and between the City of National City, a municipal corporation ("the CITY"), and GROSSMAN PSYCHOLOGICAL ASSOCIATION, APC (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on March 17, 2009, ("the Agreement") wherein the CONTRACTOR agreed to provide Pre -Placement Suitability Evaluation, Pre -Employment Psychological Examination, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Evaluations for the National City Police Department from July 1, 2008 through June 30, 2009. In consideration of the mutual benefit to be derived therefrom, the parties agree to amend the term of the Agreement between the City of National City and GROSSMAN PSYCHOLOGICAL ASSOCIATION, APC to extend the term for one additional year, expiring on June 30, 2010. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 17, 2009, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC By: Ron Morrison, Mayor By: APPROVED AS TO FORM: George H. Eiser, III City Attorney Ira Grossman, PHD President City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE NOVEMBER 3, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $34,084.35 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE FROM THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM AND CITIZEN'S OPTION for PUBLIC SAFETY PROGRAM (COPS / SLESF) 009 AND TO SOLE SOURCE TRITECH AS THE VENDOR FOR THE AVLS TECHNOLOGY. PREPARED BY Triviz, Randal, Lieutenant Office of Homeland Security ZcDEPARTMENTf Police EXPLANATION The FY08 State Homeland Security Grant Program and the Citizens Option for Public Safety (COPS/SLESF) 08-09 grants were designed to supplement the purchase of equipment for police and fire personnel. The Police Department would like to utilize funds from these grants to purchase a Vehicle Tracking System or Automatic Vehicle Locating System (AVLS). The Police Department is requesting a sole source vendor for the following reasons. The current systems used by the Police Department would have to interface with a new AVLS and the use of proprietary technology from another vendor would be cost prohibitive due to additional funding required to incorporate the technology of two vendors to work as one system. Additionally, separate maintenance contract agreements would be required to maintain the individual systems. The current vendor used by the Police Department for the computer aided dispatching (CAD) system that would track the vehicles with AVLS technology is TriTech. TriTech manufactures AVLS technology and could update our CAD in a more seamless, efficient and cost effective manner than a second vendor. The Police Department would like to name TriTech as the vendor for the AVLS technology requiring $34, 084.35 from the listed grant funding sources. Environmental Review Ni N/A Financial Statement No negative impact; FY08 State Homeland Security Grant Program and Citizens Option for Public Safety (COPS/SLESF) 08-09 are reimbursable grants that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. Approved By: Account No. 282-411-930-355, 208-441-709-355 Finance Director STAFF RECOMMENDATION Staff recommends the utilization of $ 34,084.35 of City funds for the Police Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. The Police Department recommends TriTech as the sole source vendor for the AVLS technology requiring $34, 084.35 from the listed grant funding sources. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. PriTech Price Quote Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $34,084.35 FOR THE REIMBURSABLE GRANT PURCHASE OF AN AUTOMATIC VEHICLE LOCATING SYSTEM FROM TRITECH SOFTWARE SYSTEM FOR THE POLICE FROM THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM AND CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAM (COPS/SLESF) WHEREAS, the FY08 State Homeland Security Grant Program and the Citizens Option for Public Safety (COPS/SLESF) 08/09 grants are reimbursable grants designed to supplement the purchase of equipment for police and fire personnel; and WHEREAS, the Police Department desires to utilize funds from these reimbursable grants in the amount of $34,084.35 for the sole -source purchase of an Automatic Vehicle Locating System (AVLS) from TriTech Software Systems which is the current vendor for the Department's computer -aided dispatching (CAD) system, which needs to have the capability to interface with the new AVLS; and WHEREAS, the proprietary technology from a vendor other than TriTech Software Systems would be cost prohibitive due to the additional funding required to incorporate the technology of two vendors to work as one system; and WHEREAS, Subsection (C) of Section 2.60.220 of the National City Municipal Code provides that the City Council may waive the requirements of the bidding process when the commodity or service to be procured, regardless of value, is required to integrate with or be compatible with existing furnishings, materials, systems, programs or equipment and the procurement can be timely made from a manufacturer or supplier who previously satisfactorily supplied the particular commodity or service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that because the commodity to be procured is required to integrate with or be compatible with the Police Department's existing, CAD system, and can be timely made from the vendor who previously satisfactorily supplied the existing CAD system, it is in the City's best interest.to purchase an Automatic Vehicle Locating System from TriTech Software Systems at the cost of $34,084.35 without complying with the competitive bidding procedure. BE IT FURTHER RESOLVED that the Police Department is directed to submit a reimbursement form request to the San Diego County Office of Emergency Services for reimbursement of $34,084.35. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney Quotation # Sales Order 1312KS-02 Quotation Date 09.28.09 General & Client lnfornation Client Name: National City Bill to - System Description: Trimble AVL Interface City of National City Sales Order# 1243 National City Blvd COent Purchase Order # National City, CA 91950-4570 Client Purchase Order Date Client Contact: Dave Noteware Contact Phone: 619.336.4509 Ship to; Contact Ema9 Address: dnoteware@cl.national-ciy.ca.us Same Credit Terms Net 30 days from date of invoice Client Account Manager. Ken Schulte Project Manager TBD roject Qq Products & Services Sales Category Item Description Unit Price Oty-Unit $ Extended Price 1 Interface Standard Trimble AVL Interface License 18,000.00 18,000.00 18,000.00 1 Support One Year Support & Maintenance 3,960.00 3,960.00 3,960.00 1 -. 1 HWi3rd Pty SW HWl3rd SW Pty HP Prollant DL 360 G5 2.66GHz Intel Xeon DualCore Processor, 1GB RAM, SATAISAS, 10/100/1000 Ethernet, 1U, includes rail kit 1 GB (2 x 512 MB FB-DIMM - DOR 11 ---- _-- -.... 1' 2,795.00 -____.._— 135.00 2,795.00 135.00 ___.... -----__ 2,795.00 _.-__--135.00 1 HWl3rd Pty SW (2nd Processor) Intel Xeon Dual Core 5150 2.66GHz 1. 785.00 • 785.00 785.90 2 HW13rd Pty SW 72GB Hot Plug 2.5 SAS 10,000 rpm Hard Drive 280.00 560.00 560.00 1 HW/3rd Pty SW DVD-ROM drive - IDE 135.00 135.00 135.00 1 HWI3rd Pty SW Redundant Power Supply 250.00 250.00 250.00 1 HW/3rd Pty SW Windows Standard Gov 2008 with Software Assurance 985.00 985.00 985.00 1 Services Interface Server Configuration & Testing - 925.00 925.00 925.00 1 Services System Engineering 2,000.00 2,000.00 2,000.00 1 1 Services Other Project Management -_, Server Shipping 3,000.00 100.00 3,000.00 100.00 3,000.00 100.00 .. •. _ - Total: S 33,630.00 roject Summary & Totals TriTech CAD Software L _ TriTechInterface Software 13,000.00 I— TriTech -Mobile Software . HWl3rd.Ply SW 5,645 00 Support HWl3rd Pty SW Subcontract TriTech Services T 5,925.00 TriTech Annual Support & Maintenance 3,960.00 Other 100.00 Subtotal: $ 33,639.00 Estimated Sales Tax (State: _ at _/.) Taxable sales: 4,660.061Sales tax rate: 9.75 ti S. 454.35 Estimated Shipping i f 3 - Total: $ 34,084.35 roject Payment Terms: 50% Net 30 days from date of invoice Due on. Order I: 17,042.18 50% Due on Installation of Interface Hardware 6 17,042.18 if t Total Payments:, S 34,084.35 TriTech Software Systems 9860 Mesa Rim Rd, SD, CA 92121 858-799-7000 Confidential and Proprietary Page 1 or 2 Quotation Date 09.28.09 xlmi Quotation �rv�asrE_sysr�nns Sales Order # 1312KS-02 Summary Information & Project Notes Send Purchase Orders to: Windows OS Includes downgrade to Windows Server 2003 TriTech Software Systems Attu: K.Beckwith FAX: 858-799-7015 salesadminf@tritech.com Remit Payments to- TriTech Software Systems Quotation Issued by: Ken Schutte PO Box # 671392 j Contact info: 720.379.3900 - Dallas, TX 75267-1392 l Terms and Conditions � l This Quotation is valid for System Purchase Agreement accordance with the Software for the express purpose of selection convenience for budgetary purposes. or pays state taxes directly, then authority for the given jurisdiction. Travel and out-of-pocket expenses 60 (sixty) days and is subject to the terms of your TnTech System Purchase Agreement. between TnTech and Client shall govem the additional TnTech software licenses purchased Support Agreement between TnTech and the Client The quotation information is proprietary and purchase/license. My estimated sales and/or use tax has been calculated TnTech reserves the right to adjust and collect sales and/or use tax at the actual prior to invoicing, your organization must provide TnTech with a copy of a current The software licensing provisions of the here under. Support will be provided in and may not be copied or released other than as of the date of quotation and is provided as a date of invoicing. If your organization is tax exemr tax exemption certificate issued by your states taxing -------------------- will be invoiced as incurred, at actual cost, unless specifically itemized in the quotation. By signing below, you are Indicating that you are authorized to obligate funds for your organization. To activate your order, check the appropriate box bet and, either, (1) attach a copy of this quotation to your purchase order when it is remitted to TnTech, or, (ii) if no additional authorizing paperwork is require for your organization to accept and pay an invoice, sign below and fax this quotation to 858-799-7015 or email to salesadminttritech.com to indicate your acceptance. El Purchase Order required and attached, reference PO# on invoice ❑+ No Purchase Order required to invoice Please check one of the following: El 1 agree to pay any applicable sales tax. ❑ I am tax exempt Please contact me if TnTech does not have my current exempt information on file. Accepted for Client National City Client AgencylEntity Name Print Name Title Client Authorized Representative Signature Date Client Authorized Representative TnTech Software Systems 9860 Mesa Rim Rd, SD, CA 92121 858-799-7000 Confidential and Proprietary Page 2of2 City of National City, California COUNCIL AGENDA STATEMENT 8 ETING DATE November 3, 2009 AGENDA ITEM NO. ITEM TITLE A Resolution of the City of National City authorizing the Mayor to execute an Agreement in the not -to -exceed amount of $50,600 with South Bay Community Services to provide domestic violence response services for the Cal-EMA grant -funded Children Exposed to Domestic Violence Specialized Response Program. - PREPARED BY Adolfo Gonzales, Chief of Police 336-4432 DEPARTMENT Police Lt. Keith Fifield x4514 EXPLANATION On May 19th, 2009, the City of National City passed a resolution accepting the Children Exposed to Domestic Violence (CEDV) Specialized Response Program grant award for $200,000 each year for three years, for a total of $600,000. South Bay Community Services (SBCS) was an initial grant partner that agreed to provide a Counselor funded by the grant covering .5 FTE or 1/2 of the Counselor's salary. At the time of acceptance of the grant award, a Standard Agreement and Insurance were not submitted by SBCS as required by the City. This resolution remedies that missing requirement and administratively allows for SBCS to receive reimbursement for their services as initially agreed in the original grant RFP documents. Without an approved Standard Agreement the National City Finance Dept. can not reimburse SBCS for their services on this grant. SBCS has provided the Counselor and performed the agreed services since January 2009 by having the Counselor co -located at the National City Police Department working daily with the Police Officer assigned to the CEDV grant. The grant was amended and the grant budget revised in September 2009, allowing for SBCS to receive the amount not to exceed $50,600 for their services for 2009. Environmental Review ✓ NIA Financial Statement No negative impact. 100% of funding paid for by the CEDV grant. Account No. 290-411-612-299-0000 STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 'opy of Standard Agreement. "Exhibit A" - Copy of Original CEDV grant RFP documents and revised budget. Copy of Insurances A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $50,600 WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE DOMESTIC VIOLENCE RESPONSE SERVICES FOR THE CAL-EMA GRANT -FUNDED CHILDREN EXPOSED TO DOMESTIC VIOLENCE SPECIALIZED RESPONSE PROGRAM WHEREAS, on May 19, 2009, the City Council adopted Resolution No. 2009-109, accepting the Children Exposed to Domestic Violence (CEDV) Specialized Response Program grant award in the amount of $200,000 each year for three years, for a total of $600,000; and WHEREAS, South Bay Community Services (SBCS) was an initial grant partner that has agreed to provide the National City Police Department with advocate staff to the do follow- up and provide a response team to domestic violence calls; participate in the CEDV-SRP team; and participate in cross -training, protocol development, data sharing, and program coordination at a cost of $50,600. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement in the not -to -exceed amount of $50,600 with South Bay Community Services to provide Domestic Violence Response Services for the Cal-EMA grant -funded Children Exposed to Domestic Violence Specialized Response Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTH BAY COMMUNITY SERVICES THIS AGREEMENT is entered into this 1 day of 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and South Bay Community Services (the Contractor). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide domestic violence response services for the Cal-EMA grant funded Children Exposed to Domestic Violence specialized response program. WHEREAS, the CITY has determined that the CONTRACTOR is a well established, non-profit community based social services provider and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services_ NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A", Application and RFP Process, Children Exposed to Domestic Violence Specialized Response Program approved by City Council May 19, 2009, and attached revised budget CalEMA form 2-106b. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR or its costs under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Lieutenant Keith Fifield hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Pam Wright is thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total annual cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A", designated as $50,600, without prior written authorization from the Project Cooridnator for the City, Lt. Keith Fifield. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit " A ". This is an annual agreement for the year of 2009, which the City may renew two times, in 2010 and 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 City's Agreement -SBCS CEDV The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8_ INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or sub CONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTORwith its subcontractor(s) shall require the sub CONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its sub CONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the 3 C ty's Agreement —SBCS CEDV term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR 'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR , hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 CIty's Agreement —SBCS CEDV CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City; its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR 's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its sub CONTRACTORS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City_ Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not 5 City's Agreement -SBCS CEDV contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement_ H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 City's Agreement -SECS CEDV evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. The continued existence of this Agreement is contigent on grant funding from CalEMA. If CaIEMA decides to discontinue funding, the Agreement automatically expires. Other than such provision, termination without cause may otherwise be effective only upon 60-day's written notice to the CONTRACTOR . During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR 's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested: or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons. To CITY: Keith Fifield (Project Coordinator) Lieutenant Police Department City of National City 1200 National City Boulevard National City, CA 91950-4301 7 City's Agreement -SBCS CEDV To CONTRACTOR: Pam Wright (Project Director) Associate Executive Director of Clinical Services South Bay Community Services 1124 Bay Blvd. Suite D Chula Vista, CA. 91911 Notice of -change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. V If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely mariner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions_ Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 8 City s Agreement-SBCS CEDV D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to.any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto_ G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject .matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby_ J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. L. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. M. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal. unenforceable, or invalid shall be deemed not a part of this Agreement. 9 City s Agreement - SBCS CEDV IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY .: TH BAY COMMUINITY SERVICES By. Ron Morrison, Mayor APPROVED AS TO FORM: Jodi Doucette Senior Assistant City Attorney B Kat ryn , mbo Eex: c e Director l�as14-jy.,) I-6,4 Q 6 (Print) 1 Pa Wright sociate Executive Director Of Clinical Services 3°1 653 PRMvt/13-16ar (Print) 10 City's Agreement —SBCS CEDV OF CAUFORNIA X f-/-1 4- ARNOLD SCHWARZENEGGER, Governor GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION 3650 SCHRIEVER AVENUE MATHER, CALIFORNIA 95655 (916) 324-1569 FAX: (916)3275674 L .' err I;I;! ' , +� i1r 001 6 /008 )1 1111 Application Cover Sheet REP PROCESS Children Exposed to Domestic Violence Specialized Response Program Submitted by: National City Police Department 1200 National City Blvd. National City, CA 91950 Phone: Sgt. Mike Harlan: (619) 336-4423 tr OFS ID# O `73— 5039. award # GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION GRANT AWARD FACE SHEET (OES A301) The Governor's Office of Emergency Services, hereafter designated OES, hereby makes a grant award of funds to the following. e z`t o� 1. Grant Recipient National City laoliee-e-crrartrr,ent OgD I SG00� hereafter designated Recipient, in the amount and for the purpose and duration set forth in this gran) award 2. Implementing Agency' National City Police Department 3- Project Title: Children Exposed to Domestic Violence SR 4. Grant Period: 01/01/2009 to 12/31/2009 'Select the Grant year and fund source(s) from the lists below or type the appropriate acronym in box 9. Enter the amount(s) from each source Please do not enter both State and Federal fund sources on the same line. Add any cash match(s) and enter total in Block 10G. Grant Year Fund Source A. State B. Federal C. Total D. Cash Match E. In -Kind Match F. Total Match G. Total Project Cost 08/09 5-E31teg--Lt,31S.-1 175.000 J-` Select 6 Fed Proms Select Select Select 7. Fed Prgms 8- Stale Prgms 9 to TOTALS 175000 175000 iD Grand Total 175000 11. This grant award consists of this title page, the application for the grant which is attached and made a part hereof, and the Assurance of Compliance forms which are being submitted. I hereby certify I am vested with- the authority, and have the approval of the City/County Financial Officer, City Manager, County Administrator, or Governing Board Chair, to enter into this grant award agreement; and all funds ceived pursuant to thisagreement will be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this ,rant award and agrees to administer the grant project in accordance with the statute(s), the OES Program Guidelines, the OES Recipient Handbook, the Federal OJP Financial Guide and Program Guidelines (if applicable), and the OES audit requirements, as staled in the applicable RFP or RFA. The grant recipient further agrees to all legal conditions and terms incorporated by reference in the applicable RFP or RFA and agrees that the allocation of funds is contingent on the enactment of the State Budget_ 12. Official Authorized to Sign for Applicant/Grant Recipient: Name: Manuel Rodriguez Payment Mailing Address 1200 National City Blvd Telephone 619 336-4512 (area code) Signature FAX 619 336-4525 Federal Employer ID Number: 956000749 Title Assistant Chief of Police City National City (area code) VFOR. OES USE ONLY] Zip 91950 Email- mrodriguez@nationalcityca.guv Dale 9-Z-.�� I hereby certify upon my own personal knowledge Mal budgeted funds are available for the period and purposes of this expenditure stated above. e-A -t tt C OES Fiscal Officer l a/i x/max Date SFY: 2008/09 Chapter: 268 PCA No.: 02998 Item: 0690-102-0890 Fed. Cat. #:93.643 Component: 50-20-902 Program: Children Exposed to Domestic Violence Specialized Response Fund: Federal Trust Match Req.: N/A Project No.: 08CJA1 Amount: $ F is, 000 OCS Director (or designee) Date Grant Award Face Sheet - ROES 301 - (Revised 7/1/2008) Cz� PROJECT- CONTACT INFORMA, _.4 Applicant National City Police department Grant Number Ev O W 18 (nog [FOR OES USE ONMY1 Provide the name. title, address, telephone number, and e-mail address for the project contacts named below. If a section does not apply to your project, enter "N/A." NOTE: If you use a PO Box address, a street address is also required for package delivery and site visit purposes. TheProject Director for the project Name Sgl M}ce Harlan Title Sergeant Telephone # (619) 336-4423 Address 1200 National C y Boulevard City. National City Fax # (619) 336-4525 (Area Code) (Area code) E-Mail Address mharlan aJnationalcityca-yov 2. The Financial Officer for the project: Name Manuel Rodriguez Title Assistant Police Chief Telephone #: (619) 336-4512 Zip 91950 Address 1200 National City Boulevard City National Ciy Zip: 91950 Fax #: (619) 336-4525 (Area Code) (Area code) F-Mail Address mrodriguez@nationalcityca.gov 3. The person having routine programmatic responsibility for the project. Name Syr Mike Harlan Title Sergeant Telephone # (619) 336-4423 Address 1200 National City Boulevard City: National City Zip: 91950 Fax # 1619) 336-4525 (Area Code) (Area code) E-Mail Addressmhartan@nationalciiyca.gov fhe person having routine fiscal responsibility for the project: Name- Manuel Rodriguez Address 1200 National City Boulevard Nile Assistant Police Chief City: National City Zip 91950 Telephone #: (619) 335-4512 Fax #: (619) 336-4525 (Area Corte) (Area code) E-Mail Address: mrodriguez@nationalatyca.gov - 5 The Executive Director of a nonprofit organization or the Chief Executive Officer (e.g , chief of police, superintendent of schools) of (he implementing agency. Name: Adolfo Gonzalez Address: 1200 National City Boulevard Title Chief of Police City: National City Zip: 91950 Telephone #: (619) 336-4517 Fax #: (619) 336-4525 (Area Code) (Area code) L--Mail Address: ayonzales@natlonalcityca yov 6 The Chair of the governing body of the implementing agency: (Provide contact information other than that of the implementing agency) Name: x1r ZaE.3 -brCt_ a-P(xu- \ Address- 1243 National City Boulevard Title City Manager - V1k -.t nu_City National City Zip: 91950 Telephone #: (619) 336-4240 Fax # (619) 336.4525 _- (Area Code) (Area code) F-Mall Address czapata@nationalcityca gov Project Contact Information (Revised 7/1/2006) C:s Grant Recipient: Implementing Agency: SIGNATURE AUTHORIZATION Grant Award #: National CityPolice Department National City Police Department *The Project Director and Financial Officer are REQUIRED to sign this form. *Project Director: Sgt, /dike Harlan "Financial Officer: A/Chief Mar net Rodriguez Signature: Date: V / ! / ✓ J September 22, Z008 Signature: Date: The following persons are authorized to sign for the The following persons are authorized to sign for the Project Director Signature n/a Financial Officer Signature n/a Name Name Signature Signature Name Name Signature Signature Name Name Signature Signature Name Name Signature dame Signature Name Signature Aulhonzalion (1 t/ 15/2006) C/) Reset Form Print Form CERTIFICATION OF ASSURANCE OF COMPLIANCE Children's Justice Act Grant Programs I, Manuel Rodriguez (official authorized to sign grant award; same person as Seclion 12 on Grant Award Face Sheet) RECIPIENT National City Police Department IMPLEMENTING AGENCY: PROJECT I I I LE hereby certify that National City Police Department Children Exposed to Domestic Violence Specialized Response Project is responsible for reviewing the Grant Recipient Handbook and adhering to all of the Grant Award Agreement requirements (state and/or federal) as directed by OES including, but not limited to, the following areas - Equal Employment Opportunity — (Recipient Handbook Section 2151) 11 is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status, sex, sexual orientation, denial of family medical care leave, denial of pregnancy disability leave, or age (over 40). OES-funded projects certify that they will comply with all stale and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights. Please provide the following information: Equal Employment Opportunity Officer Title Address Phone Email: Human Resources Director Stacey Stevenson 140 East 121h Street, Suite A, National City, CA 91950 (619) 336-4308 sslevenson@nationalcityca.gov il. Drug -Free Workplace Act of 1090 — ( Recipient Handbook, Section 2152) The State of California requires that every person or organization awarded a grant or contract shall certify it will provide a drug -free workplace. Ill. California Environmental Quality Act (CEQA) — (Recipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all OES funded projects io certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance wilt) CEAO requirements Certification of Assurance of Compliance - CJA UES 656 (Revised 1/1/2008) 2 IV. Lobbying — (2006 Recipient Handbook Section 2154) OFS grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering info of any cooperative agreerent, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. V. Debarment and Suspension — (Recipient Handbook Section 2155) (This applies to federally funded grants only) OES-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible. sentenced to a denial of federal benefits by a slate or federal court, or voluntarily excluded from covered transactions by any federal department of agency_ VI. Proof of Authority from City Council/Governing Board The above -named organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization from the city council/governing board in support of this program. The applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OES, and that any cash match will be appropriated as required- It is agreed that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from OES shall not be used to supplant expenditures controlled by the city council/governing board. The applicant is required to obtain written authorization from the city council/governing board that the official executing this agreement is, in fact, authorized to do so- The applicant is also required to maintain said written authorization on file and readily available upon demand. Vll. Special Conditions for Grand Awards with Children's Justice Act Fund Federal grant funds shall not be used to support inherently religious activities such as religious instruction, worship, or prosclytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program. Regulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the HHS website at: http://wwvv.os.dhhs.gov/fbci/waisgate21.01_ Federal grant funds provided under this award may not be used by the recipient to support lobbying activities in influence proposed or pending Federal or State legislation or appropriations This prohibition is related to the use of Federal grant funds and is not intended to affect an individual's right or that of any organization, to petition Congress or any other level of Government, through the use of other resources. (See 45 CFR Part 93_) Certification of Assurance or Compliance - CJA. OES 656 (Pevised_1/1/2008 3 In accordance with Public Law 103-333, the "Department of Labor, Health and Human Services, and Education. and Related Agencies Appropriations Act of 1995." the following provisions are applicable to this grant award: Section 507. "Purchase of American -Made Equipment and Products — It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased wild funds made available in this Act should be American made In accordance with Part C of Public Law 103-227, the "Pro -Children Act of 1994." smoking may not be permitted in any portion of any indoor facility owned or regularly used for the provision of health, day are, education, or library services to children under the age of 18, if the services are funded by Federat programs wither directly or through State or local governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, and contracts The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions or facilities and used for inpatient drug and alcohol treatment Certification of Assurance of Compliance — CJA. OES 655 (Revised 1f112008) 4 All appropriate documentation must be maintained on file by the project and available for OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Recipient may be ineligible for award of any future grants if the OES determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I the official named below, am the same individual authorized to sign the Grant Award Agreement [Section 12 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made uncler penalty of perjury under the laws of the Stale of California. Authorized Official's Signature Authorized Official's Name: Manuel Rodrigez Authorized Official's Title: Assistant Chief of Police Date Executed: Federal Employer ID Number_ 956000749 Executed in the City/County of: National City / San Diego AUTHORIZED BY: (not applicable to Slate agencies) • City/County Financial Officer or City/County Manager or • Governing BoapJ Glair Signature: Narne 9 Orris allat ---NN'vo V4vt-.51oAJ Title:ffiU City Manager, National City 0 8 Certification of Assurance of Compliance — CJA. OES 656 (Revised 1l1/2008) Cep 5 BUDGET CATEGORY AND LINE ITEi11 DETAIL A. Personal Services - Salaries/Employee Benefits TOTAL COST 1 FTE Police Officer (d 50% Participate in the CFVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, data sharing, and program coordination_ SALARIES 1 FTE Police Officer @ 50% ($74,604 x 50%) Medicate 1.45% $541 Uniform Allowance @ 50% of $700 $350 LID Insurance @ 50% of $234 $117 Insurance W/Compensation @ 9.73% $3,630 Life AD/D Insurance $53 Pers @ 37.805% $14.102 Health Insurance $3,617 TOTAL FRINGE $22,410 37,302 22,410 PERSONAL TOTAL. ()ES A303C $59,712 u BUDGET CATEGORY AND LINE ITEM DETAIL B. Operating Expenses TOTAL COST Consultant The Evaluator will conduct a comprehensive programahc evaluation. including identifying appropriate evaluation methods and tools, gathering and analizying data. and reporting evaluation results Sub -Contract- South Bay Community Services Provide .5 FT Advocates to do followup response to NCPD Domestic Violence calls and .25 FTE Data entry/Program Aide. Participate in the CEVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, data sharing, and program coordination. Breakdown sub -contractors cost: Personnel Services 5 FTE Advocate @ $18.507hr x 12 rnlhs x 50% _ $ 19.240 25 FTE Data Entry @ $12.50/hr x 12 rriths x 25%- $ 6,500 Sub -Total Salaries $ 25,740 Fica @ 7.65% $ 1,969 Sui @ 1.789% of first $7,000 in earnings = $ 147 Insurance Workers Compensation @ 270% - $ 695 Pension $107 x 12 months x .75 FTE z $ 963 Health Insurance @ $250/mth x 12 x .75 FTE = $ 2,250 Total Salaries 8. Benefit $ 31,764 Operating Expense Mileage @ 75 miles/mth x $.585 x 1 stal $ 526 Office Supplies @ $40lmontt $ 480 Comunicatrons @ $50/mth x 12mth5. $ 600 Total Non - Personne $ 1,606 Total Direct Cost $ 33,370 Indirect Cost Federal Approved Indirect Rate of 12.9° Total Sub -Contract Amount 4,305 37,675 Sub -Contract- County Of San Diego Provide .5 FT Social Workers to participate in the CEVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, date sharing, and program coordination_ Breakdown sub -contractors cost: Personnel Services .5 FTE Senior Social Worker @ $65.960 x 50% _ $ 32.980 Fica @ 7.65% $ 2,523 Employment Cornp Insurance @ 3% _ $ 989 Unemployment .25% Fixer $ 62 Health Insurance.© 9.90% $ • 3,265 Retirement @ 3620354 $ 11,940 Total Sub-Contract.Arnouni $ 51,780 Indirect Cost Calculated @ % of tot I Direct C st ($59,712+$17,500 $37,675 $51,780 $166,667 x 5% ' tjr Eras 1 YERATING TO' ALC/ $17,500 $37,675 $51,780 $8,333 $115,288 DES A303c BUDGET CATEGORY AND IJNE ITEM DETAIL C. Equipment TOTAL COST $o EQUIPMENT TOTAL $0 i i i• �'. �� O%iL�Ais •`•�1:i 1fi..' �i'MyiA%%five i'. ;S;1•i4'.:'i.' i PO b•'i �i r :�'i i ii': i":f r.• i•~ i ri•• i i:••�fi•:. Ar •Yf� : •b.VAY.S ���J'•�. d}i'i i•%`.�i• Total Project Cost Same as Block 10G on the Grant Award Face Sheet $ 175,000 OES A303c DATE: TO GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION FROM: Community Contact Enterprise Zone Program SUBJECT: PREFERENCE POINTS (check only one box) ❑ (5%) The applicant named below has targeted this enterprise zone for grant -related activities. [] (2%) The applicant named below has not specifically targeted this enterprise zone for grant -related activities However, the applicant provides needed services to residents of this community PREFERENCE POINTS CERTIFICATION Use this formal if one is not provided by the Lead agency September 19, 2008 Name- National City Police Department (Applicant) Name: Children Exposed to Domestic Violence SRP (Project) Address- 1200 National City Blvd, national City, CA 91950 Zone (Program) I certify that I have reviewed the proposed project and that it meets the eligibility requirements for preference points as required by California Government Code. Section 7082. Ples W. Felix, Jr_ Typed Nam of Eqt z'pri Zor Special Incentive Manager Title September 19, 2008 Sig a e of nterp•se Zone Contact Date San Diego Regional Enterprise Zone Name of Enterprise Zone Agency 1200 Third Avenue, Suite 1400, San Diego, CA. 92101 Address (619)236-6301 (619) 236-6703 I elephone Number (with area code) FAX Number (with area code) Preference Points Certification (Revised 7/1/2006) Project Narrative Problem Statement (2 pages: The program will take place in National City, located in the southwestern portion of San Diego County with a population of 63,53/ (59% Hispanic, 17% Asian & PI, 15% White, 6% African -American, and 3% Other). Situated less than 10 miles from the Mexican border, the city is home to many first -generation immigrant families with limited resources and a minimal command of English, making it difficult to find secure employment and access community resources. The City's average household size is 3.46 (the counly's highest), and 27% of the population is aged 18 or less_ In 1992, the city was listed as California's third poorest city in per capita income and the thirteenth poorest in the nation. The average salary for jobs in National City is $21,244, and the median household incorne is $29,826 The city's unemployment rate is 10.7% (up from 7_8% in 2004)_ In 2006, National City's violent crime rate of 8 25 per 1,000 population was the county's highest, and represents a 15% increase from the previous year National City's domestic violence rate of 23 per 1,000 households is the third highest In the county, after Oceanside and Chula Vista (SANDAG, 2008) National City Police Department (NCPD), South Bay Community Sere ces ( BCS), and the County of San Diego Child Wetfare Services (CWS) have worked collaboratively on the Domestic Violence Response Team (DVRT) since 1999 SE1CS' DVRT Advocate, co -located at the Police Department, provides immediate on -site advocacy during 911 calls for domestic violence nn a 2417 cask (en scene withOffice, ithin hour) On -site � aan Officer 'vJill uti 1 VII-�Ite services Include crisis intervention, safety planning, and a needs assessment tor the adult victim and any children present. If needed, the Advocate will refer the victims to other appropriate services that have been identified as necessary during the assessment, such as shelter and counseling If (he victim needs shelter immediately, the Advocate assists in the arrangements_ CWS is called it a child has been abused or neglected Follow-up home visit the next day include intensive assessments to identify any needs for services, such as Comprehensive client centered. �ii�ngual, culturally appropriate case assessment and coordination. short-term confidential C�� shelter and long-term transitional housing (up to 18 months), trauma -informed individual and group counseling, emergency food, clothing, and transportation; TRO assistance and court accompaniment; therapeutic preschool; and rental assistance. In 07-08, the DVRT Advocate provided immediate crisis response to 27 DV calls, and provided non -emergency intervention in an additional 14 cases_ These numbers are low, given that NCPD responded to 202 calls for domestic violence in 2007, and has responded to 252 calls since March 2008 (a 25% increase in domestic violence calls so far this year). NCPD and SBCS intend to increase the number of DVRT calls to 100, of which approximately 66 will involve children (two-thirds of cases) NCPD has 92 officers, 1/3 of these hired during the last year. Most of the new officers have not yet been trained to utilize the DVRT Advocate when responding to DV calls, and NCPD and SBCS are currently implementing strategies, such as additional roll call trainings, to improve the DVRT call rate. However, given the high number of calls that involve children, the existing DVRT staff cannot adequately address the needs of all of the children In addition, many of these families have contact with multiple services, such as the reaion's School Resororce Officers (SROs) and our school/community-based Juvenile Diversion program and Community Assessment Team, as well as the DVRT This contact is not always ettecUvely coordinated, so that families may be interacting with more than one case manager or even receiving duplicated services The proposed Children Exposed to Domestic Violence Specialized Response Program (CEDV-SRF) will address these programmatic weaknesses SECS is strongly committed to breaking the iniergenerafionai cycle of violence, and has extensive experience addressing the special needs of children traumatized by domestic violence and re-establishing positive parenting relationships between these children and their non -offending parent whenever possible The CEDV-SRP will enhance families' access to SBCS' range of age -appropriate therapeutic, developmental, and educational activities for children exposed to DV, including shelter, group & individual counseling, therapeutic preschool, and a range of family supports. (N) 2. Plan and Implementation (5 pages): The CFDV-SRP will be a new component of the DVR 1 {he DVRT will be expanded to include an additional SFTE DV Advocate, a 5FTE CWS Social Worker, and a 5FTE Police Officer who will join the DVRT to address the immediate and longer -term needs of any child who has been exposed to DV Required qualifications are (all require a dean driving license and background clearance for working with minors.): Law Enforcement Officer Graduation from high school or possession of 12th grade G.E.D. certificate, and completion of Basic Police Academy. DV Advocate Minimum one year experience in child, youth, and family services field, preferably in a community based or neighborhood service organization. Experience in the areas of individual, group, and family counseling, outreach, community education and development, advocacy, and case management_ Ability to work with a diverse cultural population_ B A or B_S degree, (M A or M S.W. preferred) in social work, psychology, or related field, experience may be substituted. 40 Hour DV training Bilingual preferred CWS Rrotecfive Services Social Worker- A bachelor's degree in social work from an accredited college or university, OR, A bachelors degree from an accredited college or university with at leas! 24 semester unite in the heh2.vioral sciences, ANC, 1 year of vvork experience or 2 semesters of supervised internship experience in a family or children's service agency performing dudes of supervision, treatrnent or projective services to children Mandatory objectives I. Ensure the EDV-SRPP team receives specialized DV training in their own discipline. During Advanced Officer Training every two years, officers are trained to complete DV criminal investigations, including intonnew:nq, photographing, and collecting evidence All SBCS staff are required to attend at least 24 hours of training per year that is appropriate and specific to their client caseload and are critical for working with children, youth, and families in a community selling, including Child Abuse Reporting. Guttural Competency and Sensitivity, I rauma informed .poroach- and Cor:fidentiahty DVRT Advocates must meet the definition of DV Counselor as defined in the California Evidence Code, Section 1037.1(a) Training for any new hires is scheduled within 30 days of their hiring. SBCS is committed to creating a violence free environment for all women, men, children, and families and has developed a strong training curriculum that offers the knowledge and skills to provide culturally sensitive counseling, referrals, and advocacy for the survivors of DV and their children_ CWS Social Workers receive 6 weeks of initial training covering a variety of topics when they are first hired, as well as ongoing training on a variety of topics including DV The county has a DV protocol that all social workers are trained to follow. 2. Ensure the CEDV-SRP team are cross -trained on the identification of each discipline's roles and procedures related to children exposed to domestic violence, and each discipline's limitations in responding to children exposed to domestic violence. All CEDV-SRP staff (Police Officers, Social Workers, and DV Advocates), including regular and on -call staff and day and night workers, will participate quarterly cross training, including roll call training for all Police Officers, that will supplement the cross-trainings already provided by the DVRT Topics will include the effects of witnessing DV, signs of child abuse and neglect, and guidelines for child witness interviews. as well as each discipline's roles and procedures related to children exposed to DV, and each discipline's limitations in responding to these children 3. Develop a CEDV-SRP pi otocor specific to the law enforcement agency on the team. San Diego County has developed a countywide protocol for law enforcement response to DV. In 2007, a multi -agency committee revised and updated the protocol to reflect changes in the law and specifically address the protection of children exposed to DV_ The protocol includes the following policy statements "Children Exposed to DV should be considered as separate victims in DV incidents"; and, " f raining will be provided regularly to enhance law enforcement's response to DV and children exposed to DV". It includes a section on Children exposed to DV with guidelines for child witness interviews. The MDT will review the DVRT protocol to incorporate additional child -focused items, based on the Attorney General's CEDV protocol 4. Develop a comprehensive computerized database for the purpose of data collection and information sharinct. The DVR f already maintains a comprehensive computerized database for the purpose of data collection and information sharing which documents all of the information required in the RFP 5. A child protective services professional will attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. The Child Abuse Hotline will assess all hotline reports for an appropriate response time, and Immediate Response Service (IRS) referrals will he assigned for response within 24 hours CANS South Region will evaluate the IRS and non -IRS referrals for immediate on -site response to DV calls where children are present. The Social Worker will investigate child abuse and neglect allegations by interviewing and counseling parents, children, and adolescents, analyzing information and data collected, determining degree of danger and risk of future abuse and neglect, determining if rerrioval of the child from the home is necessary, and conducting time sensitive investigations per court order or in compliance with State of California law If the CWS Social Worker determines that a child needs to he removed from his/her home, they will arrange for an appropriate placement and refer family members to appropriate services v. / domestic violence advocate will attempt to provide immediate on -Site response to domestic violence calls where children are present in the targeted .service area. UV Advocates stationed at the NCPD will provide immediate on -site advocacy, and will be on scene with an Officer within 1 hour (usually within 20 rriinotes) DV Advocates conduct crisis intervention, safety planning, and assessment if needed, the DV Advocate will refer the adult victim and/cr child to other appropriate services as identified during the assessment, such as shelter or counseling. If shelter is needed immediately, the DV Advocate will assist in the arrangements. in cases in which DV Advocates are not called to the scene, NCPD will provide the DV Advocates with a copy of the police report, and the DV Advocate will immediately, attempt to make contact to offer advocacy and follow- up services. the DV Advocate will also coordinate with program staff of any other program that the child is involved in. 7. Law enforcement officers will follow-up with the domestic violence adult victim and children by way of safety patrols or similar activities. Law enforcement officers will provide follow-up services such as neighborhood patrols if appropriate, as well as informing the School Resource Officers at the child's school about the situation so that the SRO is aware of the situation and can offer support to the child/family. 8. A child protective services professional and/or domestic violence advocate will attempt to make follow-up contact with the child and family and refer the family to relevant service providers for follow-up services. The DV Advocate and CWS Social Worker will work together to provide follow up services for the child and family that address any needs identified by the assessment. Follow-up home visits made the next day will include more intensive assessments and identify any need for services. If the adult victim does not wish to make a follow-up appointment, the DV Advocate or CWS Social Worker will still attempt to make contact the following day and in the ensuing weeks will make several phone calls to ensure the children and adult victirn are safe and aware of available services If the adult victim declines services altogether, the contact will be noted in the database. The DV Advocate will refer children and families to a wide range of follow-up services such as bilingual, culturally appropriate case assessment and coordination; emergency and long term (up to 18 months) confidential shelter, individual and group counseling; case consultation, T RO assistance and court accompaniment, trauma -informed substance abuse treatment, independent living skills classes and financial empowerment services, parenting classes, emergency food, clothing, and transportation, and rental assistance programs Services for children, all using a "Point of Engagement" delivery system, include• Mi Escuelita, a free, full -day, therapeutic preschool for children aged 3 - 5 who have been traumatized by family violence As a result of this innovative program, children develop emotionally, socially, and developmentally !❑ supportive home and school environments, increasing their chances of long-term healthy development free from violence > Community Services for Families, providing intensive case management, support groups, parenting classes, and referrals for families experiencing or at risk of family violence and child abuse Mast of the families ark referred throuugh C1i1_'S, and many suffer from DV I 8- ➢ Child Abuse Treatment Program (CHAT, funded by the California Office of Emergency Services), providing intensive mental health services for child victims of crime Health and Developmental Services for Children, which brings together social service, health, and educational organizations to provide health and, developmental screenings, assessments, and treatment. A SECS is developing a 23 hr. assessment center to provide short-term shelter and services for child abuse victims recently taken from their home_ SBCS envisions this as being part of a Children's Village that brings together an array of organizations providing tailored services and supports for victims of child abuse and family violence, their non -offending parents, and foster families, resulting in long-term stability for child abuse victims in the region_ 9. Conduct hi -monthly regularly scheduled in person conferences to review a!! cases. NCPD, SACS, and CWS will coordinate hi -monthly in -person case conferences to review all cases_ DVRT staff will identify any other services and programs that the family is accessing, and will work to ensure that the services are coordinated, seamless, and unduplicative Staff of these other programs may be invited to participate rri irie case consultations when appropriate_ 10 Facilitate the regular exchange of information among personnel from taw enforcement, child protective services, probation, mental health; public health domestic violence agencies, and relevant attorneys Through the development of a multidisciplinary team which meets every other month. The Multi -Disciplinary team (MD i) including the CEDV-SRP staff (CVPD, SBCS. & CWS), representatives of the DA's office, and ether relevant agencies, will meet quarierty to exchange information: adjust services to meet current needs, address and resolve challenges, evaluate the progress of the collaboration, and coordinate outreach to the community 11_ Complete a comprehensive proararnrnatic evaluation regarding the impact the program had on reducing trauma to children exposed to domestic violence and increasing their safety. Once the contract is awarded, an evaluator will be selected through a competitive bid request process to design and conduct a comprehensive programmatic evaluation The selected evaluation team will work with the CEDV-SRP staff to identify appropriate evaluation rnethods and tools, gather and analyze data, and report evaluation results Implementation (2 pages maximum, not including charts): National City Police Department, a department of the City of National City, ernploys 92 police officers and 43 professional staff members and serves over 60,000 residents in a nine square mite area In partnership with our community, NCPD is committed to providing the highest level of service and public safety We pursue this commitment with an unwavering resolve white always respecting the rights and dignity of those we serve. NCPD's Administrative Division has many years of experience successfully managing federal and state grants, including grants from State Homeland Security, Law Enforcement Terrorism Prevention Program, Urban Area Security initiative, the Office of Traffic Safety, and Justice Assistance. NCPD, CWS, and SBCS have worked collaboratively on DVRT services for adult victims and children since 1999. Originally, the DVRT only responded in cases where children were present, but was later expanded to include all DV calls. For the last 3 years, DV Advocates have been stationed full-time at the NCPD in order to provide immediate response and have direct liaison with PD staff. This close contact ensures mutual trust and cooperation and facilitates information sharing among the partners In the past, DV Advocates have found that victims are less receptive to guessing follow- up services if the follow-up contact takes place more than 72 hours after the crisis is over However, if follow-up services are suggested during the initial DVRT visit, clients are 50% more likely to connect with needed services. For this reason, the roll call trainings greatly stress the impo; lance of ensuring that the DVRT Advocates are called immediately, so that this critical window of opportunity is not missed The DVRT project also employs a Data Fntry/Program Aide who is responsible for all data entry of the project. SBCS is the lead agency in the South Bay Regional Collaborative (SBRC), a partnership between SBCS and the region's four community collaboratives, C:hildren's. Hospital, -and YMCA Family Stress Counseling Services The SRRC is also contracted with the County of San Diego to prcvlde Community Services for Families (CST) in the South Region referred by the Children's Services Bureau. These services include case management, parenting classes, support groups, specialized training, and prevention/referral services SBCS will ensure that victims with children who are served through the DVRT will be linked into the CSF program The NCPD will facilitate a quarterly Multi -Disciplinary Team (MD I) meeting to discuss domestic violence topics with allied agencies, including hospitals, Adult Protection Services, Child Welfare Services and the other DV Providers This collaboration demonstrates the region's intention to work together toward the mutual goal of providing maximum available assistance for domestic violence child victims. The outcome will be a permanent community collaboration of public and private agencies providing immediate response and focused, comprehensive follow-up services for child victims of family violence As a result of contact with any of the partners of the Collaborative, child and adult victims of domestic violence will gain automatic access to a wide array of services. supports, and resources that will help them rebuild self-sufficient, non-violent lives for themselves and their children. Budget Narrative The budget supports the objectives by using the majority of funds for direct service activities_ Part A Personnel Services The grant supports a .5FTE Police Officer, who will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, inform the other CEDV-SRP Team members (DV Advocate and CWS Social Worker) when responding to such calls, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. Qualifications: Graduation from high school or possession of 12th grade G.E.D. certificate, and completion of Basic Police Academy. Benefits: Medicate, Uniform Allowance, LTD Insurance, Insurance with Compensation, Life AD/D Insurance, Pers (retirement), and health Insurance. Total w/ benefits $59,712. Part B: Operating Subcontract to an Evaluator, selected through a competitive bid request process once the award is announced, to design and conduct a comprehensive programmatic evaluation The selected Evaluator will work with the ciEDV- SRP Team to identify appropriate evaluation methods and tools, gather and analyze data, and -report evaluation results Total sub -contract is $17,500 (10% of total award). Subcontract with South Bay Community Services for-5 FIE DV Advocate and 25FTE Data Entry Aide. The DV Advocate will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. The DV Advocate will be located full time at the NVCPD Qualifications: Min 1-year experience in child. youth, and family services field, preferably in a community based service organization. Experience in the areas of individual group, and family counseling, outreach, community education and development, advocacy, and case management. Ability to work with a diverse cu!tura! population p n or B S. degree, ( "i A or M_S-W preferred) in social work, psychology, or related field, experience may be substituted 40 Hour DV training Fiilingual preferred The Data Entry Aide will maintain program statistics and records, including the shared database Qualifications High School graduate or equivalent_ Bilingual (English/ Spanish) preferred Should be computer literate and demonstrate good communication skills Both positions include benefits: FICA, SUI, Insurance with Compensation, Pension, and Health Insurance The sub -contract also includes operating costs for the program, including mileage (75 miles/month x $ 585 x 12 months = $526), Office supplies ($40/month x 12 months - $480), Cell phone/pager ($50/month x 12 months - $600), and SBCS' Federally Approved indirect rate (12.9% of $33,370 = $4,305) The total sub -contract is $37,675 Subcontract with the County of San Diego fur 5 FTE DAIS Social Worker The Social Worker will participate in the CEDV-SRP Team, provide immediate and follow up response to DV calls in which children are present, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination Qualifications. BA in social work from an accredited college or university, OR, BA from an accredited college or university with ai least 24 semester units in the behavioral sciences, AND, 1 year of work experience or 2 semesters of supervised internship experience in a family or children's service agency performing duties of supervision, treatment or protective services to children Benefits - FICA, Employment Comp Insurance_ Unemployment, Health Insurance, and retirement The total h tract - S C-1 Ton _.DLO JULrUVI ll OtA is ,Lj 1 i UU Indirect costs of administrating the grant, calculated as 5% of the total Direct cost. _ $8,333. Part C Equipment None All funds are directly for operating staff and program costs, and do not include costs for any Program or Department Directors The CEDV-SRP Team members will spill their time between Objectives 1-11, spending the majority of their time on providing crisis intervention, follow-up services, and advocacy lc c!ieril Each !can, me-TLer will dedicate 5F fE io the project 3� Proposal Appendix • Organizational Chart • Operational Agreements • Project Summary • Noncompetitive Bid Request • Out of State Travel Request • Other Funding Sources (OES-653) • Prior, Current, and Proposed OES Funding • Project Service Area Information 1 J Sand, Office Ass,sl am Suva Unbae I Suppe., Scrv'cts N+artao Dare Nme,ww lT A.! 'MEW) NATIONAL CITY POLICE DEPARTMENT '3doI10 Gun z,l ICo' Poll r:eCll 200- icl G3O.03 Lnpe l.unus. rd anulla Azsl. Chlel al Pollcl Manuel Aodl ,guea + i°I;can'. Prop, r, Sc,Scam (,,,sons) a,cn i (vaca'r:l '-0 Co,xorals $emnr ORke Asuslanl C, no cnalysl Cnnrc nns1ssl rvE W' Pine, @ Evid Super -:es, ., Tree, .i' E,dd Spec'z lls1 . ,i, a SpcoaFs. ' Snrdenl Wol ker L I Ti se .\ Cvid Spet'ale, II CSS 1005«r-N'F O3P n 0.A TT IVacan.l O IT+ccnl000E (Vacs.' I0 (Fcc' Bordc Allla'¢e (Veep I DEA I Team '1 { V acen ) 1 Se' C0'porale Police O'lice, es, ee,n, Cmpore ,1 Ours 1 A ss' " ' Ronni z'n:nls SD,csal Ass�S�d'I p I0e6h'C! r:2Cd111 Temporary Hnldln5 Fac , and lur,endt 0c ,nnon Lash ily Ma,menence Temperxly flee Pcrnlil( and tiptt,pl E,., 4 Pudhc Safely Ynundalmn r',, (Iptlapr l',iu\c'.IC r'I c�IU�rI I.i I(ai lli P r,c ":I,Itn'an� qI, ] 5, scants n_.I cr : Corpos 315 3 Puhcd Officers A2.1a IA ii final Co CS0 ' 0(ficu•Dtsk nl tic Scrgcan' a cc ORce-s $T0' Progam Coo rdma'r. EO!P1. si e"lprt<mtnl [Ace, 1 AVA Officers c"r0 Pwgram Sgl. Elver Ssiocanl 5 Police 0`fi ccu 'PER —.STAR PAL. Nc, hlsorhood Watch 5, 3usiness Walclll DVRT hint RSV, 'IT rnsfi'P4 RestlVeS E.plorus n't'U�n,,�a�eosll'n he Team II (rnn11,0,i� 'SI 1_4_ L']I_' Sa�eanr. Ca'yorals ?6 Pnl�ce 0(F.ec's ' 0' SO, Cn, JC, n„Iz µeel dsMma;-' Pcslccc lccnrds Cleks 1 Police R¢cprd5 CI,IF 1. I,"II z'I- Jlsw (NEWS I Ser E3,anl n 2.,nl_ha,s Tn�Lnrn. I Ulep:.l a:-� v;Ipu,Il Sp1 SUM,' Trmn're �nmdin.npr 2 0 c:'r I rV i,". c u' L i�•,�ihn.l'(li MEMORANDUM OF AGREEMENT Parties This Memorandum of Agreement ("MOA") is made by and among the National City Police Department ("NCPD") and San Diego County Health & Human Services Agency, South Region Child Welfare Services ("CWS"). The parties to this MOA may be referred to herein collectively as the "parties" or individually as a "party." Recitals The County Heafth &; human Services Agency provides health and human services related services to its clients NCPD provides law enforcement related services to its clients. The parties receive funds for the provision of certain services to their respective clients. The parties desire to work together toward the mutual goal of providing maximum available assistance for crime victims residing in National City, California, by implementing the Children Exposed to Domestic Violence Specialized Response Program. THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the patties hereto agree as follows. Administration of iVIOA Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its administrative representative by notifying the other party in writing of such change_ Any such change will become effective upon the receipt of such notice by the other party to this MOA Notice of the authorized representative should be sent to each party as follows. County of San Diego Yolanda Valdez Assistant Deputy Director Health and Human Services Agency South Region 690 Oxford Street Chula Vista, Ca 91911 (619) 409-3294 Other Party Sgt Mike Harlan National City Police Department 1200 National City Boulevard National City, Ca 91950 (619) 336 4423 2. Parties' Responsibilities 2.1 National City Police Department agrees to: • Act as lead administrative and fiscal agent for the project; • Promptly notify SBCS Advocates when officers are responding to a domestic violence incident with children present; • Participate in cross -training with SBCS, CWS, and the DA; • Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (hi -monthly in -person case conferences and quarterly MDT meetings), as well as protocol development, • Share data and information relative to this program for evaluation and measurement of services; • Sub -contract with the external evaluator to provide a comprehensive programmatic evaluation on the program San Diego Health & Human Services Agency, South Region, Child Welfare Services will: • Provide immediate telephone assessment by CWS hotline workers; • Provide an Immediate Response (IRS) Social Worker to provide immediate on -site response to domestic violence calls where children are present, Coordinate with SBCS regarding the provision of necessary follow-up services tor the adult victim and child(ren), Participate in cross -training with NCPD, SBCS, and the DA; Participate in joint meetings to ensure optimal project effectiveness and utilization -of resources (bi-monthly in -person case conferences and quarterly MDT meetings), as well as protocol development; Except as otherwise required by law, keep confidential the data and information obtained from NCPD, Facilitate data gathering and sharing for evaluation and measurement of services 3 Indemnity 3.1 Claims Arising From Sole Acts or Omissions of a Party: Each Party to this Agreement hereby agrees to defend and indemnify the other Parties to this Agreement, their agents. officers and employees, from any ciairn, action or proceeding against the other Parties, arising solely out of its own acts or omissions in the performance of this Agreement Al each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 3.7. Claims Arising From Concurrent Acts or Ornissions• I he Parties hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the Parties In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 3.3 below 2 3.3. Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 3.2 above, in cases where Parties agree ih writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Parties_ Joint defense counsel shall be selected by mutual agreement of Parties_ Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows_ Parties further agree that neither party may bind the other to a settlement agreement without the written consent of both Parties. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, f arlies may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 4. Conformance With Rules And Regulations: NCPD and County shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. NCPD and County shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 5 Permits and Licenses NCPD and County certify that they possess and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the other party, all approvals,- permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The parties reserve the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. 6- Governing Law: This MOA shall be governed, interpreted, construed and enforced in accordance with the laws of the Stale of California. 7 Third Party Beneficiaries Excluded: This MOA is intended solely for the benefit of the County and NCPD Any benefit io any third party is incidental and does not confer on any third party to this MOA any rights whatsoever regarding the performance of this MOA. Arty attempt io enforce provisions of this iviOA by third parties is specifically prohibited. 8 Amendments to MOA: Any party may propose amendments to this MCA by providing written notice of such amendments to the other party. This MOA may only be amended by a Written amendment signed by each party's administrative. 9. Severabilfty: 11 any terms or provisions of this MOA or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOA, or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not he affected thereby and every other term and provision of this MOA shall be valid and enforced to the maximum extent permitted by law_ 10. Fuit Agreement: This MOA represents the full and entire agreement between the parties and supercedes any prior written or oral agreements that may have existed_ 1 1. Scope of MOA: 1 his MOA only applies to the program described herein and does not set forth any additional current or future obligations or agreements between the parties, except that the parties may by written amendment amend the scope of this MOA_ 12 Term: This MOA shall become effective on the dale all of the parties have signed this MOA and he in force until December 31, 2011. 13. Termination For Convenience. The County or NCPD may, by written notice stating the extent and effective date, terminate this MOA for convenience in whole or in part, at any time. 14. Counterparts_ This MOA may he executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. Vve hereby approve this document, and represent that we have the authority to enter into this agreement on behalf of the entity herein County of San Diego Health and Human Services Agency Nick Macchione_ Director MS MPH F.AC HE !` Date r;i Pkevri; rnmsKrS National City Police Department Adolfo Gonzales Nate Chief of Police ( g) OPERATIONAL AGREEMENT This Operational Agreement stands as evidence that the National City Police Department (NCPD) and the Office of the District Attorney of San Diego County intend to work together toward the mutual goal of providing maximum available assistance for crime victims residing in National City, California. Both agencies believe Tat implementation of the Children Exposed to Domestic Violence Specialized Response Program, as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for funding, by coordinating/providing the following services- The National City Police Department will closely coordinate the following services with the Office of the District Attorney of San Diego County through: National City Police Department agrees to: • Act as lead administrative and fiscal agent for the project; • Promptly notify SBCS Advocates when officers are responding to a domestic violence incident with children present; • Participate in cross -training with SBCS, CWS, and the DA, • Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (bi-monthly in -person case conferences and quarterly MDT meetings), as well as protocol development, 4 Share data and information relative to services herein for evaluation and measurement of services; Sub -contract with the external evaluator to provide a comprehensive programmatic evaluation on the program Office of the District Attorney of San Diego County will: Facilitate the cooperation of the District Attorney's office, including Victim -Witness services, with the program, • Participate in cross -training with NCPD, CWS, and SBCS, • Participate in quarterly MDT meetings to ensure optimal project effectiveness and utilization of resources, and in hi -monthly in -person case when appropriate. • Participate in protocol development activities; • Facilitate data gathering and sharing for evaluation and measurement of services 1-,)Lit will keep the information otherwise confidential Indemnity: NCPD shall not be liable for, and DA shall defend and indemnify NCPD and the employees and agents of NCPD (collectively "City Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' hens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (Hereinafter collectively referred to as "Claims"), related to this N10A and arising either directly or indirectly from any act, error, omission or negligence of DA or its contractors, licensees; agents, servants or employees. DA shall have no obligation, however, to defend or indemnify City Parties from a Claim if such Claim was caused by th e sole negligence or willful misconduct of City Parties. We, the undersigned, as authorized representatives of the National City Police Department and Office of the District Attorney of San Diego County, do hereby approve this document, and represent that we have the authority to enter -into this agreement on behalf of the, ntily herein Adolfo Gonzales, Chief - For National City Police De ailment Date Bonnie Dumanis, District Attorney For San Diego County Date 3 OPERATIONAL AGREEMENT his Operational Agreement stands as evidence that the National City Police Department (NCPD) and South Bay Community Services (SBCS) intend to work together toward the rntitual goal of providing maximum available assistance for crime victims residing in National City, California Both agencies believe that implementation of the Children Exposcd to Domestic Violence Specialized Kesponse Program, as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for handing, by coordinating/providing the following services: The National City Police Department will closely coordinate the following services with South Bay Corrununjty Services through • SBCS Project staff -being readily available to National City Police Department for service provision_ • Regularly scheduled hi -monthly case meetings and quarterly Multi -Disciplinary Team meetings to discuss strategies; time tables, and implementation of mandated seix'ic.es. E'reCffic,illy National City Police Department agrees to: Act as lead administrative and fiscal agent for the project; • Promptly notify SBCS Advocates when officers are responding to a domestic violence incident with children present, • Participate in cross -training with SBCS, CWS, and the DA; • Participate in joint meetings to ensure optimal project effectiveness and utilization of resources (hi -monthly in -person case conferences and quarterly MDT meetings), as well as protocol development; Share data and information relative to services provided herein for evaluation and measurement of seances; Sub -contract wall the ex tel nal e'luator to provide a comprehensive programmatic. evaluation on the program South Bay Community Services will: Provide 2d/7 Advocates) to respond to coils from NCPD officers to provide immediate on -site response to DV calls where children are present; • notify the CWS hotline valien resnonrlins in DV calls where children are present; • Provide and coordinate a continuum of follow-up services to the adult victim and children identified by the pioject hich may include' ulsis intervention, assessment; case management, rri�:., r#.r ai mn.. ,�.,� {a .: ai!r0011112 rr,nlyric fial Chc[tp., or transition housing- and a tempoiary restraining order clinic; Participate in cross -training with NCPD, CWS, arid the DA; • Facilitate joint meetings to ensure optimal project effectiveness and utilization of resources (hi - monthly in -person case conferences and quarterly MDT meetings), as well as protocol development, • Facilitate flat, o�'lil-ierulu ari(i clisirinv !Or eValiiat!0n aid measurement of services Indemnity: NCPD shall not be liable fir rind SBCS shall defend and indemnify NCPD and the employees and agents of NCPD (collective, ll- ' ip Pat ics"). against any and all claims demands, liability, judgments, awards, fines- ulechanics' (lens or other liens, labor disputes, losses, damages, expenses, charges or costs of any Kind or character including attorneys' fees and court costs (hereinafter collectively referred related to this MOA and arising either directly or indirectly from any act, error, orriusilln 1(1 neglittencc of 5F3CS or its contractors, licensees, agelits, servants or employees. SBCS shall have no obligation, however, to defend or indemnify City Parties from a Claim if such Claim was caused by the sole negligence or willful misconduct of City Parties We, the undersigned, as authorized representatives of the National City Police Department and South Bay Community Services, do hereby approve this document, and represent that we have the authority to enter into this agreement on behalf of the entity Adolfo Gonzales, Chief For National City Police Department Date herein. i / 7 ` ; /7j7 �}Cathryti s.embo, Executive Director For South Bay Community Service Date r' � .. � �, ^ROJECT SUMMARY GRANT AWARD NO. 2. PROJECT TITLE Children Exposed to DV Specialized RI 3. GRANT PERIOD 1/1/09 to 12/31/09 4. APPLICANT Name National City Police Dept Phone (619) 336-4423 Address 1200 National City Blvd Fax # (619) 336-4525 City National City Zip 91950 5. GRANT AMOUNT (this is the same amount as 10G of the Grant Award Face Sheet) $175,000 6. IMPLEMENTING AGENCY Narne National City Police Dept Phone (619) 336-4423 Fax # (619) 336-4525 Address 1200 National City Blvd Cily National City Zip 91950 7. PROGRAM DESCRIPTION The CEDV-SRP will be a new component of the existing Domestic Violence response team (DVRT). f he DVRT will be expanded to include an additional 5FTE DV Advocate, a 5F I E CWS Social Worker, and a SFTE Police Officer who will join the DVRT to address the immediate and longer -term needs of any child —hip has been exposed to DV_ Tearn members will also participate in cross -training, protocol development, sharing, case consultation, MDT meetings, and program coordination. As a result of contact with any „ie partners of the Collaborative, child and adult victims of domestic violence will gain automatic access to a wide array of services, supports, and resources That will help them rebuild self-sufficient, non-violent lives for themselves and their children. 8. PROBLEM STATEMENT Child witnesses to domestic violence experience serious trauma which, without intervention, can result in physical, emotional, and developmental delays and injuries The project will take place in National City, located in the southwestern portion of San Diego County with a population of 63,537 (59% Hispanic, 1 /% Asian & PI, 15% White, 6% African -American, and 3% Other)_ Situated very close to the Mexican border, National City's domestic violence rate of 23 per 1,000 households is the third highest in the county, and the city suffers from high rates of violent crime, unernpioyrnent, family poverty. and substance abuse 9. OBJECTIVES Ensure the CED\/-SRP Team receive specialized DV training in their own discipline and each other's roles, Develop a CEDV-SRP protocol; Develop a comprehensive computerized database, Provide immediate en- sile response to 66 DV calls where children are present; Attempt to provide follow-up with 66 DV adult victims and their children; Conduct 24 in person case conferences, Facilitate 6 MDT meetings. Complete a comprehensive programmatic evaluation 10 ACTIVITIES 'rovide staff training and cross -training. .view existing DVRU protocol to incorporate recommended -child -related issues 'rovide immediate on -site response and follow-up services to all DV calls where children are present. ;onduct 24 in person case conferences. =acilitate 6 MDT meetings. Jndergo competitive bid process to select evaluator, and complete a comprehensive programmatic 'valuation. I1_ EVALUATION (if applicable) JCPD will undergo competitive bid process to select an Evaluator, who vill complete a comprehensive programmatic evaluation. The evaluation vill measure the impact the program has on reducing trauma to children ?xposed to domestic violence and increasing their safety. 13. PROJECT BUDGET (these are the same amounts as on Budget Pages) Personal Services 12. NUMBER OF CLIENTS (if applicable) 66 DV cases where children are present Operating Expenses Equipment TOTAL 59,712 115,288 0 175,000 Totals: 59,712 Proleci Summary - OES 227 (Revised 1/2(2007) 115,288 0 175,000 ..3NCOMPETITIVE BID REQUES CHECKLIST 1as the applicant/recipient met the following requirements of the Recipient Handbook Check appropriate box Yes No Section 3511 Do conditions exist that require a sole/single-source contract? Section 3521.1 Is a brief description of the program or project included? Section 3521.2 Was it necessary to contract noncompetitively? Did the contractor submit his/her qualifications? Is the reasonableness of the cost Justified? Were cost comparisons made with differences noted for similar services' Is a justification provided regarding the need for contract? Section 3521.3 Is an explanation provided for the uniqueness of the contract? Section 3521.4 Are there time constraints impacting the project? Were comparisons made to identify the time required for another contractor to reach the same level of competence! X x H Li NonCompelilive Bid Request Checkfisl (Revised 7/1/2006) I Reset Form 7 [ Print Form Grant Award #: GOVERNOR'S OFFICE OF EMERGENCY SERVICES OUT-OF-STATE TRAVEL REQUEST OES 700 RECIPIENT Agency National City Police Department Project Director: Sgt. Mike Harlan Phone # (619) 336-4423 Address. 1200 National City Blvd City National City Zip 91950 Name: f itle: Name - Title: ATTENDEE(S) N/A Phone #: Phone #_ TRIP DETAILS I rip Date (Month/Day(s)/Year) N/A Destination (City/State) N/A Description (Meeting/Conference/Other) N/A - no out of state trips are planned. Justification (indicate the need for the trip and the benefits to the State_ Use additional pages if necessary Attacn brochure if available.) Recipient must attach Cost Worksheet to the Out -of -State Travel Request. FOR OES USE ONLY Recommendation. Approve Disapprove U ❑ L Program Specialist • Section Chief Out of State t ravel Request - OF S 700 (1/1/2007) Date Dale OTHER FUNDING SOURCES Complete this form to report the total funds available to support the activities related to accomplishing the goals and objectives of the Grant Award Agreement. In the "Grant Funds" column, report the OES funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category and then calculate the totals by category in the "Program Total" column. Total each column to arrive at the total program funds available. OTHER FUNDING SOURCES BUDGET CATEGORY GRANT FUNDS (Use onfythe gi-antjunds identified in the preceding budge! pages ) OTHER FUNDS PROGRAM TOTAL Personal Services 59,712 0 59,712 Operating Expenses 115,288 0 115,288 Equipment 0 0 0 TOTAL 175,000 0 175,000 OES 653 this form does not become part of the grant award. Other Funding Sources — OES 653 (Revised 7/1/2006) PRIOR, CURRENT AND PROPOSED OES FUNDING List all currently funded DES projects and all OES grants awarded to the applicant during the last five fiscal years. Include the fiscal year of operation, the grant number and the amount of OFS funding. For current and proposed grants that include positions funded by more than one OES grant, list these personnel by title and the percentage of the position funded by OES. The percentage of funding must not exceed 100 percent for any one individual. Example FISCAL GRANT GRANT PERSONNEL PERCENTAGE YEAR NUMBER AMOUNT BY TITLE PAID BY OES 2005-06 DC05160010 $50,000 Project Director 2005-06 CE05089504 $67,000 Project Director 2005-06 MS05040550 $68,000 Project Director 25% 25% 50% PRIOR, CURRENT AND PROPOSED OES FUNDING FISCAL. YEAR GRANT NUMBER GRANT AMOUNT PERSONNEL BY TITLE % OF OES FUNDING 2001-02 2002-133 $25,138 N/A N/A 2002-03 2003-167 $733,105 N/A N/A 2003 04 2004-045 $196,369 N/A N/A 2004 05 2005 15 $170,905 N/A N/A 2005-06 2006-0071 $110,839 N/A N/A 2006-07 2007-0008 $53.876 N/A N/A Prior, Current and Proposed OES Funding (Revised 7/1/2006) PROJECT SERVICE AREA INFORMATION COUNTY OR COUNTIES SERVED_ Enter the name(s) of the county or counties served by the project Put an asterisk where the project's principal office is located San Diego County U.S. CONGRESSIONAL_ DISTRICT(S)_ Enter the nurnber(s) of the U.S. Congressional District(s) which the project serves Put an asterisk for the district where the project's principal office is located. 51 3 STATE ASSEMBLY DISTRICT(S) Enter the nurnber(s) of the State Assembly District(s) which the project serves Put an asterisk for the district where the project's principal office is located. 79 STATE SENATE DISTRICTLSti Enter the number(s) of the State Senate District(s) that the project serves Put an asterisk !_t the district where the projects principal office is located 40 5 POPULATION Or SERVICE AREA Enter ifie iotai population of the area served by the prnjCrt 63 537 C 3 Projecl Service Area Information (P,ev,sed 71112006) Mar 17 09 0333p STATE or CALI!=URNIP AP. NOLC SCHWAR7ENE GGER. Governor Facsimile Transmittal i`z CALIFORNIA EMERGENCY rvIANAG3MENT AGENCY (Cal EMA) Victim Sre\,ices Branch 1130 K Siree1, Sul e 300 Sacramento, Calr(omla 95814 hr[p.//www_(JCS .Ca. "av TO: Name: Sc } Al iRe- Viztr1CLo l_ Agency: NahU'`il oc,C� Y. tjJ Pd 1 i Lf'_ 0epGLi--f7'Yw_4f FAX #: (C 1 q 31 (C S J - VeI-dy r.`: FROM: CONIMEVTS Name: Avcitcy: I+AX4: Phone #: _t�� t1 8111c, AIS A C.A. Emergency Management Agency, VCCTIm SEFtvICES BRaiv(H (916) 324-8554 )12 3 9- 7 -0 7 Lea .c-2 00)771z-r:± nV r c/o ) NUMBER OF PAGES 'IRANSMTTTEb ( ) (InciAingCON er sheet) Mar 1 7 09 03 33p STATL Of CAL 1t ORNIA P2 AKNULI) JI.IIv, AY, L r.t,U tK, l�V`+-ttV`rVK SUBJECT - LAW EN[ORCI:MENT'IC Ti t F1V'!CE5 D[vIJ10N GOVERN'OR'SOIFICE OF UvIERGENC'r SFRy tCITS Tax( - VI( ES F ?-ANCH jn 0 rKli-k A F. ,'U-ER.CAL(fOR.��. TrLEf Hot E 1910 --a 9'f-t 416) 3'---5' December 23, 2008 Mike Harlan Sergeant National City, City of 1200 National City Boulcyard National City, CA 91950 Dear Sergeant Harlan - NOTIFICATION OF APPLICATION APPROVAL Children Exposed to Domestic Violence Response Program (200800522) Award ir: EVO8 01 8608 OES 1TDa: 073-50398 Congratulations! The Governor's Office of Emergency Services (OES) has approved your application in the amount of S 175,000, subject to Budget approval A copy- of your approved subgrant is enclosed for your records OES U ill make every effort to process payment requests within 60 days of receipt This subgrani is subject iu the :)LS Recipieni i iandhook You arc encouraged to read and farnilian7e yourself with the OFS Recipient IL -writ -took, which can be viewed on OES's website at w- -'v ES_ca.gov Any funds received in excess of current needs- apploYed amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 clays upon receipt of an invoice from OES Should yet: have gcestt:ons your :abg`..•lea_.t conta:.t vo". Prcgrar-,1 Specialist. LENS Grant Processing Enclosure e_ Recipient's file Mar 17 09 03:33p p 3 C V OES ID# 0'13" S0,3cf Award ll 21vog01 MOOKL GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION GRANT AWARD FACE SHEET (OES A301) The Governor's Ofrlce of Emergency Sernccs. hereafter designated OES- hereby makes a grant ow,9rd of funds to the follo.ving L 1� F 1. Grant Recipient: Na!loral City,F-Trifartfrient hereafter designated Reoplect, in the amount and for the put pose and duration set forth In Ihls'grant awed 2. Implementing Agency: National City Police Department 3_ Project Title: Children Exposed to Domestic Violence SR d Grant Period- 01/01/2009 10 1213112009 orb -Select the Grant year and fund source(s) from the lists below, or type the appropriate acronym in box 9. Enter the amount(s) from each source. Please do nol enter both State and Federal ford sources on the same line. Add any cash rnalch(sl and enter total in ©lock 10G. Grant Year Fund Source A- Mate B- Federal C Total D Cash E. In -Kind I F Total G. Total Match Match Match Project Cost 08/09 -E C , 4 j 175 00C) Select 6 Fed Prgms Select 7 Fed Prgms Select B. Stale Prgms Select 9 to TOTALS 1 /5000 175000 so c,and lotnf. 175000 11, This grant award cons,_ is of this title page, the application for the grant which is attached and made a part hereof. and the Assurance of compliance forme, which are being submitted- 1 hereby certify 1 am vested with the authority, and have the approval of the City/County Financial Officer, Lily Manager 'County Administrator, or Governing Board Chair, to enter into this gran) award agreement. and all funds received pursuant to this -agreement -ill be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this grant award and agrees In administer the grant project in accordance with the statute(s). the OES Program Guidelines, the GES Recipient Handbook, Ole Federal OJP Financial Guide and Program Guidelines (if applicable), and the OES audit requirements, as stated in the applicable REP or RFA The grant recipient further agrees to all legal conditions and terms incorperaled by reference in the applicable RFY or RFA and agrees that the allocation of funds i5 contingent on the enactment of the State Budget 12. Official Authorizers to Sign for Applicant/Grant Recipient: Federal Employer ID Number: 956000749 Na me Manuel Rodrauez paymesa kit -ailing Address 1200 National City Blvd title Asislant Chief of Police City: National Gcaty Zip: 91950 Telephone 619 336-4512 FAX 519 336-4525 Ernest: nlrodnguez(c0natfonalcityca_gov iarea code] i-2 (area code) / Siynalure i /xe-c G -- Date: -f J-of [FOR OES USE ONLYI I hereby certify upon my own person -at knowledge !hat budgeted funds are available for the period and purposes of this expenditure slated above. do at r�fx., 1 �(� ��at� . , -- /a��2Jvg OFS Fiscal Officer l / �t Dale OES Director (or designee) Dale I I o I 6 Z00 I J sL) , SFY: 2008/09 Chapter' 268 PCA hlo.: 02998 Item: 0690-102-0890 Fed. Cat. 11:93-643 Component 50 20-902 Program. Children Exposed to Uornestic Violence Speoalized Response Fund Federal Trust Match Reg N/A Project No. 08CJA1 Amount: $ r1>7 CKII) Grant Award Face Sheet - AGES 301 - (Revised (1V2008) Mar 17 C9 03 3de p4 Applicant PROJECT CONTACT INFORPnA. N ('rant Number Na?IOnol City POI e dr'p ;r'.ir�"n`- r_v0CDfB(n0`v' I'OG O`e5 its. Outs Provide the name wie address, taleoh.i e ni�rrl,�r and r, ,gall s:= fcr .h L(IDIecl Dnla is named below It a section does not apply to your nroiect, enter "N/A NOTE if you use a PC) Box addres. a street address is also required tor package delivery and site visit purposes i f he Project Director for the project Name Sor rvRe Harlan _ Address 12D0 National City Boulevard Title: Sergeant Olt,' Naional City Zip 91950 =a Fax x (519)335-4525 Telephone # (61 CcCe) 4423 - , ,4,ae,. (n. Ccde1 rnharlan(g,nlionalci[ a (In --- -- _ -�- F-Wlail Addressy ar Y- (Inv _ - _-.__----...- 2 The Financial Officer for the project Narne Manuel Roduez Title: Assistant Police Chief Telephone 4: (619) 336-4512 (ar-.a Cone) Address 1200 National City Boulevard Oily PJattonal Cl y Zip. 91950 Fax :t 1619) 336-L1525 (A -ea coo(2) E-Mail Address: mrodnyuez(natonalcitycdgov The person naving routine programmatic resporisd__DJIAy for the project Name 3g Miike Harlan Title Se'yeanl Telephone 2, - (619) 336-4423 (P-'ea Ccee) AdJ 0 ,S 1200 Nahecal G+ty Boulevard Otty National C y Zip. 91950 tax x _191 336-4525 lar-rz cad'.` „11 d Acidness rnharlan o7nallOna UtyCa goy zl The person having routine fiscal responsibility For the prcleCl Andres S. 1200 National City Houlevard Narne Manuel P.odhgue_-_-. -.-._ -. - xiational Cav p 950 -- t Title Assistant Police Chet City _--_-_ -. - -- " Telephone tt Fax. s619) 336.4525 {� (Ai,Code)-45' Z (Area wrier (A ' Coder ,-1 Address , dngueZ@itatiOnat0tVCa. go, 5 l he Executive Director of a nonprofit organl7athcn Or the Chief crteChuye vffiCei (c-y . Chief of police. superintendent of schools) of the implementing agency Name: Adolfo Gonzalez T ale' Chief of Police (elephone tt: (619) 336-4517 (Area Cadet E-Mail Address agoozales(o)nat onalotycagov 6 The Chair of the governing body of the implementing agency (Provide conlacl information other than that of the implementing agency) Address. 12f0 National C Boulevard City "-National City Zip: 91950 Fax !! (619) 336-525 (Area (=ode) Name _ _ram laFe�n I the) City tilarfa er Telephone h J61°)-t36-4240 (A,ea Coder ec7 E-pnail Address ny Dnatroalut g ca ov Address 1243 City±toulevard City: Nat octal City Zi•p- 91950 Fax fl (16l9) 336-4525 (Ae1 code) Pintail Contact tntonnauOr 7,1/20014 Mar 17 09 03 34p P5 Grant Recipient - Implementing Agency SIGNATURE AUTHORIZATION Grant Awarn National City Police Department National City Police Department v001 aoO 'The Project Director and Financial Officer are REQUIRED to sign this form 'Project Directorg1. il:e Harlan / i Signature Dale 'Financial Officer: AlChief fvlaS;uet Rodriquez Signature September 22, Z008 Dale- , The following persons are authorised to sign for the Project Director Financial Officer Signature Signature nla n/a -- - Name Name Signature Signature The following persons are authori7ed 10 sign for the Na:n. Narne Signature Signature Narne Name Signature Signature Name Name Signature Signature - --- Narne Name (w) nn I11115r2006) Mar 17 09 03 35p PE Punt Form f eset F of rr CERTIFICATION OF ASSURANCE OF COMPLIANCE Children's Justice Act Grant Programs hereby certify that I Manuel Rodnguez -- - ---- - -- --- - F {off.oal authorized rovgr' graft ; +a, d same per, or c' as Se$or l o.- ,-), 3-V Award ace She.e) RECIPIENT National Police Department IMPLEP✓ FN I ING AGENCY PROJECT TITLE 1s responsible for reviewing the Grant Recrpient Handbook and adhering to all of the Grant Award Agreement requirements (slate and/or federal) as directed by OES including, but not limited to, the following areas. 1. Equal Employment Oppor7unity - (Kecrprenr Handbook Section 2151) It is the public policy of the Stale of California to promote equal ernployrnent opportunity by prohibiting discrimination or harassment in employment because of race religious creed, color, national origin, ancestry. disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status. sex. sexual orientation, denial ei family medical care leave. denial or pregnancy disability leave, or age (over 40). OES-funded projects certify that they will comply with all state and federal requirements regarding equal eniptFly rient opportunity, nondiscrimination and civil rights Nal�onal Gin? Police Department Children E_:e pu5e d l0 DOn1r 511C Ah 01E nC.' JQe'aau (eeU RPS pn11• p PRVCI Please provide the follow✓ulu intorrnauon _.1,3 r_r y .-,la�•i =,n gun Enual Employment Oppnr111rr;ly Officer Title- Human Resources Director 140 Fast 129h Street. Sole A. National City. CA 9195C Address — — Phone (619)336-4308 Email_ sstevenson@a,nationalcilyca.gov Il Drug -Free Workplace Act of 1990 - ( Recipient Handbook, Section 21.52) The State of California requires that every person or organization awarded a grant or contract shall certify it will provide a drug free'workplace. Ill California Environmental Quality Act (CEQA) - (Recipient Handbook, Section 2153) The California Environmental Quality Act (CEGA) (Public Resources Gode, SeCfron 21000 of 5eq ) requires all OES funded projects [o certify compliance with CEOA Projects receiving Funding must coordinate rnlh their city or county planning agency to err:ure that '-he project Ls compliance with CEAQ re.quuements 0 Cerrif1cahon of Assurance or Compnance - CJP.. OFS 656 (0s 5od t11,2008) Mar 17 09 0335p p7 IV. Lobbying (2006 Recipient Handbook Section 2154) OES grant funds. grant property, or grant funded positions shall not be used for any lobbying activities, including, but no! I!rniled to, being paid by or on behalf of the undersigned. to any person tor influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grans, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement Debarment and Suspension - (Recipient Handbook Section 2155) (This applies to federally funded grants only) CES-funded projects must certify that it and its principals are not presently debarred. suspended, proposed for debarment. declared ineligible. sentenced to a denial of federal benefits by a stale or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VI_ Proof of Authority from City CounciI/Governing Board The above -named organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization from the city council/governing board in support of this program_ The applicant agrees to provide all snatching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OES. and that any cash match will be appropriated as required It is agreed that any liability arising out of the performance of this Grant Award Agreement including civic court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OES disclaim responsibility of any such liability Furthermore, it is also agreed that grant funds received from OES shall not he used to supplant expenditures controlled by the city counciUgoverning board_ The applicant is required to obtain written authorization from the city council/governing board that the official executing this agreement is, in fact, authorized to do so- The applicant is also required to maintain sad written authorization on file and readily available upon demand vil. fpeula!r Conditions for Grand Awards with Children's Justice Act Fund Federal grant turns shall not be used to support inherently religious activities such as religious instruction. worship. or proselytization. Therefore, organizations must take steps to separate, in time :al- location; their inherently religious activities from the services funded under this program Flegulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the NHS website at rittp_/I-.'rww cis fifths QOd.'f5crhvaiSga7e21.Jct. Federal grant funds provided under this award may not be used by the recipient to support lobbying activities in influence proposed or pending Federal or State legislation or appropriations. This prohibition is related to the use of Federal grant funds and is not intended to affect an individual's right or that of any organization. to petition Congress or any other level of Government. through the use of other resources (see 45 CFR Part 93 ) Certification of Assurance of Cornaiiance CJA. OFS 656 (Revises 1/1/20D8) Mar 17 09 0035p p 8 In accordance ^ri:h Public krJae 103 333 rye DC.Dar.menl cf ? a'rcr H aillh and Hurran Services, and LducatlOn, and Pelated Agencies Ap0ropnatALI p( 1,7cr, Ihr 101,ov:41G prpvisHonS are ariplicable l0 this grans a':,ar0 Section 50? Purchase of American P,nade Fpcurairnetil and Products — It is the sense of the Cengress that. l0 the greatest ,exlenf pracltrahle_ all c uipmenl and products purchased with rinds made available In this Act Should be American -made - In accordance with Part C of Public Law 03 227 rfre Pro -Children Act of 1994,' smoking may not be permitted In any ponnon of any indoor fac'1 ly awned or regularly used for the provision of health, day are, education, or Irbranj services to children under the age of 18 It the services are funded by Federal programs wither directly or through Stale or local g?•iernnierus Federal programs include grants, cooperative agreements loans and loan guarantees. and contracts The law does no apply to children's services provided in private residences lardities funded solely by Medicare or Ivtedreaid fonds and portions or facilities and used for inpatient drug end alcohol treatment Cer,ihcaiion of Fss.rrance cif Compliance — CJA CES 656 (Revised 11112008) 4 p 9 Mar 17 09 03 36p All appropnate documentation roust be maintained on file by the project and available for OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Recipient may be ineligible for award Of any future grants if the OFS determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above CERTIFICATION I, the official named below, am the same individual authorized 1c sign the Grant Award Agreement [Section 12 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient 10 the above described certification I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California Authorized Official's Signature - Authorizer) CA -floats Name- Manuel Rodngez Authorized Ofriciats Title Assistant Chef of Police Date Executed Federal Employer ID Number 9560007a9 Executed in the City/County of National City l San Diego AUTHORIZED BY: roof applicable to Slate agenc+es) City/County Financial Officer or City/County Manager- or Governing Boa -G4A--tir _ Signature- Name Title- Aa>n6- Cily Manager. Natiena, City (yr.,; bra`"a��o �4ut `3mnl 08 Cenificarnn or Ass ranee of Corr n 2nce - CJA. 0E5 656 (Revised 1/1/2008i 5 Mar 1 / 09 03 36p p 10 BUDGET C.ATEG(1R 1 AND LINE ITEM Dk Personal Services SalariesiEmployee Benefits- 1 FTE Police Officer @ 50'/ Participate in the CE VD-SRP :earn and respond team to DV cams where children are present. and participate it , ross-training, protocol development, data snaring. and program cool dinat on SALARIES FTE Police Officer i@ 50% ($74.604 x 50°/,) Medicate 1 45% T541 Uniform Allowance @ 50°/, of S76(,1 350 LTD Insurance 50% of $234 S117 Insurance W/Compensation @ 9 73`4. %3 630 Life AD/D Insurance 53 Pers @ 37.806% $14 102 Health [nsurance T3 517 TOTAL FPIrJGE- S22,410 PERSONAJ, TU"I AL TOTAL COST 37,302 22.410 $59,712 OES A303C C ) Mar 17 09 03 36p p 11 BUDGET CATEGORY AND LINE ITEM DETAIL B. Operating Expenses Consultant The Evaluator will conduct a comprehensive prngramalic evaluation including identifying appropriate evaluation methods and tools- gathering and 3nalizymo data. and reperling evaluation results Sub -Contract- South Bay Community Services Provide 5 FT Advoc2les to do foltowup response to NCPD Domestic Violence calls and 25 FTE Data entry/Program Aide. Participate in the CEVD-SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, data sharing, and program coordination. Breakdown sub -contractors cost: Personnel Serwces 5 FTE Advocate @ $1 B.50Ru x 12 rnths x 50% = 3 19.240 25 PIE Data Entry @ 512.50mr x 12 rnths x 25%- 5 6,500 Sub -Total Safari, S 25.740 F,ca @ 7.65% 5 1 .969 Su, @ 1.789%n of rust $7 000 in eamin9s = 5 14 Insurance bVorkers Compensation L 2 70% - 5 695 Pension $107 x 12 monlhs x .75 F kb - 3 963 Hea4h Insurance (ril S250irn h x 12 x 75 FT[ = $ 2-250 rotaf Salaries R.Benefice $ 31,764 Operaonq Expense Mtleage @ /5 miles/oath x 5 585 x 1 staf 5 526- Otfice Supplies @ $10,montr 5 480 Comonlcations @ 550hrth : 12rr05 5 600 Total Non - Personne 1 1.606 Total Direct Cost 5 33.370 IrsJireCt Cosl eoe,al Aoprovtad Indnecl Rale of 12.93 Total Sub-C on r ract Po nou,v 1 305 $ 37,675 Sub -Contract- County Of San Diego Provide 5 FT Social Workers Io participate in the CEVD- SRP team and respond team to DV calls where children are present, and participate in cross -training, protocol development, date sharing. and program coordination Breakdown subcontractors cost: Personnel Sert,ces 5 FTE Senior Social Worker $65 960 x 50%= 5 32,980 Fib @ 7.65% 5 2,523 Ernployme r Comp Insurance @ 3% = $ 989 Unemployment 25% Fixer $ 82 Health Insurance @ 9.9051 $ 3,265 Retuemenl @ 36 203% $ 11.940 Total Sub -Contract Amour, 5-1,780 Indirect Cost Calculated @ 5% of total Direct Cost ($59,71241 /,500+$37,675+$51,780 $166,667 x 5% 1OTAL COST $1 7,500 $37,675 $5"1,7110 $3,333 OPT:RATING TOTAL $115.288 ()ES A1303c Mar 17 09 03 31P 1 BUDGET CATEGORY ,AND LINE ITEM DETAIL C. Equipment EQUIPMENT TOTAL Same as Block 10G an (he Grant Award Face Sheer S /J TOTAL COST 0 1 175,000 OES A303c LEVS Budget Summary Report If EVO8 Children Exposed to Domestic Violence Response Program National City, City of Children Exposed to Domestic Violence Award Iz. EVO8 01 8608 Award Period. C1/01/09 • 12131/09 Latest Request: Not Finai 201 A. Personal Services • Salaries/Employee Benefits F!SlL Funding Source 05C,A Total A. Persona! Services - Salaries/Employee Benefits: B. Operating Expenses F!S!L Fundlnq Source F 08C Al Total G. Operating Expenses: Budget Amount Paid(Expencec Balance Pending Pending 80lance 59,712 0 59,7.2 0 51 7 12 59;772 0 59,71E 0 59,712 C. Equipment F!SiL Funding Source F C8C!A1 Total C. Equipment: Buogel amount Palc!Expendec 115,288 0 115,288 0 Budgel Amount PaidlExpenced 0 0 0 Balanco '15288 115,288 Pending Pending Bale^.ce 5,288 0 115,28d Balance Pending Pending Balance 0 0 0 0 0 0 Budget Amount Paid!Exxsentled Balance Pending Pending Balance Total Local Match: 0 0 0 0 Total Funded: 175,000 0 175,000 0 175 000 Total Project Cost: 175,000 0 175,000 .0 175,000 �L� £0 60 L l VFW F/S/L (F lg Types): F=Federal, S=State, L=Local Match Paid/Exr_.._ed=posted in ledger wlClaim Schedule, Pending=Proces . but not vet in Claim Schedule 1 /08 Mar 17 09 03 3 ;tp fa 1 ant Rscra enl Implementing agent SIGNATURE AUTHORIZATION N_;tior;l CO' Pplu_e Deparlm:nl Fldtre rr,,I it t'f Police Jed, rlc ieni "The Project Director ;>na Financial Officer are REQUIRED to sign this torn 'Project Director Soi .Mike Darran - 'Financial Officer. ,°,./Creel Marvel Rodriguez Signature Date September 22.003 The following per,OnS are aulhon[ed to sicin for :ne S gnatcre Tale .3 :13 0 /%7if The foliowanc persons are authorized l0 sign for the Project Director Financial Officer Inalure n/a Name Signature Name Signature Name Signalure Name Sicn2tur e re rc a S gnalure Aulhonzdlroe t t n por:U-,, Mar 1 / 09 03 38p p 15 DATE- TO GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAIN ENFORCEMEN I- AND VICTIM SERVICES DIVISION PREFERENCE POINTS CERTIFICATION 1)se this for anti Jove rs Not provided by the Lead oge,:c y Seacemhet 19, 2008 FROM: Community Contact Enterprise 7one Program SUBJECT PREFERENCE POINTS (check onhr one box) U (5°A) �J (2°r%) The applicant named below has targeted this enterprise zone For grant -related activities The applicant named below has not specifically targeted this enterprise zone for grant -related activities_ However, the applicant provides needed services to residents of this community Name National City Police De ap rtmenl (, pphcar t) Name Children Exposed to Domestic Violence SRP (Project) Address 1200 National City Blvd, national CA 91950 _ Zone (Program) I certify that I have reviewed the proposed project and that it meets the eligibility requirements for preference points as required by California Government Code Section 7082 ?les 4,. Felix, Jr. Special lneenrive Manager Yale Typed Name of Ente.forise Zone Contact c. September 19, 2008 Sigrla tine of Ente,prise /One Contaci Date San Uie o'Regional Enterprise Zone Herne of Enlerpese Zone Agency 1200 Third Avenue, Sui-re 1400, SatiDiego, CA. 92101 Address (619)236-6301 (619) 236=6;03 Telephone Number (with area code) FAX Number (with area code) Preference Poinls Ce_difiralLOn (Revised 71112006) 5A-/ ) ple; olar 17 09 03 2$r Project Narrative Problem Statement (2 pages) The program take place in Maboon City located I the Southwestern portion or San Di --do JJnty 'NO a popJlation 0` 073.537 (59°% Hispanic. 1 %%/o Asian 8, PI, 15°%o Vdhite 6°., African -American, and 3.% Other) Situated less than 10 miles from the Mexican herder, the city is home hp many first generation immigrant families with limited resources and a minimal command or English making it difficult to find secure employment and access community resources the City average household siz: is -3 46 (the county''s, highest), and 27% of the population is aged 18 or less In 1997. the city was listed as California's third poorest city in per capita income and the thirteenth poorest in the nation The average salary for jobs in National City is $21,244, and the median household income is $29,826 The cihy's unemployment rate is 10.7?' (up from 7 B% in 2004). In 2006, National City's violent crime rate of 8.25 per 1.000 population Was the county's highest, and represents a 15% increase from the previous year National City's domestic violence rate or 23 per 1.000 households is the third highest in the county, after Oceanside and Chula Vista (SANUAG. 2008) r'lat,onal City Police Department ;INCPD), Souti i Bay Community Services (SBCS). and the County of San Diego Child v'Jelfare Services (C1/VS) have worked collaboratively on the Domestic: Violence Response t eam rOVR T) since 1999 SBCS' OVR f Advocate, co -located at the Police Department. provides .mrnediate on -site advocacy during 911 calls for domestic violence on a 24/7 basis (on scene with an Officer vothrn 1 hour) On -site services include crisis intervention. safety planning, and a needs assessment for the adult victim and any children present If needed, the .Advocate vnll refer the victims to other appropriate services that have been identified as necessary during the assessment, such as shelter and counseling If the victim needs shelter immediately, the Advocate assists in the arrangements CWS is called if a child has been abused cc neglected Follow-up 'home visit the next day include intensive assessments to identify any needs for services, such as Comprehensive client centered. hiilingual culturally appropriate case assessment and coordination; short-I_=rm ccnfidr n!,al ( ci p17 Mar 17 09 0339P shelter and Tong -term transitional housing (up to 18 months), trauma -informed individual and group counseling. emergency food- clothing, and transportation; TRO assistance and court accompaniment, therapeutic preschool_ and rental assistance In 07-08, the DVRT Advocate provided Immediate crisis response to 2/ DV calls, and provided non -emergency intervention in an additional 14 cases These numbers are low, given that NCPD responded to 202 calls for domestic violence in 2007, and has responded to 252 calls since March 2008 (a 25% increase in domestic violence calls so lar this year) NCPD and SBCS intend to increase the number of DVRT calls to 100. of which approximately 66 will involve children (two-thirds of cases) NCPD has 92 officers, 1/3 of these hired during the last year Mosl of the new officers have not yet been trained to utilize the DVRT Advocate when responding to DV calls, and NCPD and SACS are currently implementing strategies, such as additional roll call trainings- to improve the DVRT call rate However, given the high number of calls that involve children, the existing DVRT staff cannot adequately address the needs of all of the children In addition, many of these families have contact with multiple services. such as the regions School Resource Officers (SROs) and our school/community-based Juvenile Diversion program and Community Assessment team, as well as the DVRT This contact is not always effectively coordinated, so that families may be interacting with more than one case manager or even receiving duplicated services. The proposed Children Exposed to Domestic Violence Specia.ized Response Program (CFDV-SRP) will address these programmatic weaknesses- SE3CS is strongly committed 10 breaking the intergeneratlonal cycle of violence, and has extensive experience addressing the special needs 'of children traumatized by domestic violence and re-establishing positive parenting relationships between these children and their non -offending parent whenever possible. the CEDV-SRP will enhance families' access to SF3CS' range of age -appropriate therapeutic, developmental, and educational activities for children exposed to DV, including shelter, group & individual counseling, therapeutic preschool, and a range of family supports. Ci) Mar 17 09 03 39p p 15 2. Plan and Implementation (5 pages) t e CEDV-SRP will be a new component of the DVRT The DVR1 bvili be e)tpanded to 'nclude an aiditrnnal EF7E DV Advocate_. a FETE CVvIS Social A)orker, and a 5FTE Police Officer °.•vho vi,P1 torn the DIRT to address It rr f-nediate and longer -term needs of any child who nos been exposed to DV Required qualifications are (all require a clean driving license and background clearance for tt,vorking Nnth minors ) • - Lavi Enforcemeet Oftrcer Graduation from high school or possession of 12th grade G E D certificate. and completion of Basic Police Academy • DV Advocafe Minimum one year experience ill child, youth, and family services field, preferably in a community based or neighborhood seniice organization Experience in the areas of individual, group. and family counseling, outreach, community education and development, advocacy, and case managernent Ability to i.Nork with a diverse cultural population B.A. or B S degree, (M A or M S Vi! preferred) in social work. psychology. or related field, experience may be substituted 40 I-lotir DV training Bilingual preferred • CVII.S Protective Services Social 6vorkr-r A bachelor's degree in social work from an accredited college or university, OR r-i barnctior'r. degree from an accredited college or university w th at least 24 semester rinils in ,tin behavioral sciences, AND, year of work experience or 2 semesters of supervised rntcrnship experience in a tarnily or children's sen✓ice agency performing duties of supervision, lroatmenl or protective services to children Mandatory objectives 1. Ensure the CEDV-SRP team receives specialized DV training in their own disciphne. During Advanced Officer Training every tvio years, officers are trained to complete DV criminal investigations. including interviewing, photographing, and collecting evidence All SECS staff are required to attend at least 24 hours of trainino per year that is appropriate and specific to their client caseload and are critical lei yiorkinq with children. youth, and families in a community setting including Child Ahuse Reporting, Cultural Competency and Sensitivity Trauma -informed Approach, and Confidentiality ()VRT Advocates must meet the definition of Mar 17 09 03•39p p 19 DV Counselor as defined in the California Evidence Code, Section 1037 1(a) irarnrnq for any new hires is scheduled within 30 days of their hiring SBCS is committed ..o creating 3 v-olence free environment for all women, men, children, and families and has developed a strong training curriculum that offers the knowledge and skills to provide culturally sensitive counseling, referrals. and advocacy for the survivors of DV and their children CWS Social Workers receive 6 weeks of Initial training covering a variety of logics when they are first hired, as well as ongoing training on a variety of topics including DV fhe county has a DV protocol that all social workers are trained to follow 2 Ensure the CEDV-SRP team are.cross-trained on the identification of each discipline's roles and procedures related to children exposed to domestic violence, and each discipline's limitations in responding to children exposed to domestic violence_ AllCEDV-SRP staff (Police Officers, Social Workers, and DV Advocates), including regular and on -call staff and day and night workers, will participate quarterly cross training, including roll call training for all Police Officers, that will supplement the cross-trainings already provided by the DVkl. Topics will include the effects of witnessing DV, signs of child abuse and neglect, and guidelines for child witness interviews, as vieli as each discipline's roles and procedures related to children exposed to DV, and each discipline's limitations in responding to these children 3. • Develop a CEDV-SRP protocol specific to the law enforcement agency on the team. San Diego County has developed a countywide protocol for law enforcement response to DV In 2007, a multi -agency committee revised and updated the protocol to reflect changes in the law and specifically address the protection of children exposed to DV The protocol includes the following policy statements. Children Exposed to DV should be considered as separate victims in DV incidents' and, "Training will be provided regularly to enhance law enforcement s response to DV and children exposed to DV"_ It includes a section on Children exposed to DV with guidelines for child witness interviews- The MDT will review the DVRT protocol to ncorporate addilionaf child -focused items, based on the Attorney General's CEDV protocol. 4. Develop a comprehensive computerized database for the purpose of data collection and information sharing.. t, 20 Hoar 17 09 03-a0p The DVRT already maintains a comprehensive computerized database for the purpose of data collection and information snannc wh-c all of Tie information requred ,n tt RFP 5 A child protective services professional will attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. The Child Abuse Hotline ‘All assess al- holiiae reports for an appropriae response lime. and Immediate Response Service (IRS) re errals he assigned for response witnin 24 hours CVVS South Pegion will =valuate the IRS and non -IRS referrals for immediate on -site response to DV calls where children are nresenl The Social L°Jorker nvestigate child abuse and neglect allegations by interviewing and counseling parents, children, and adolescents, analyzing information and data collected. determining degree of danger and risk of future abuse and neglect. determining if removal of the child [ruin the home is necessary, and conducting time sensitive investigations per court order or in compliance with State of California law If the CMS, Social Worker determines that a child needs tc, ^e removed from his/her home. they will arrange for an appropriate placement and refer family members to appropriate services 7. A domestic violence andor:?.ro v./ill attempt to „provide immediate on -Site res :or'se to domestic violence calls where children Ure present in the targeted service area. DV Advocates stationed at the NCPD will provide trnmedrate on -site advocacy, and will be on sc,ene with an Officer ,wilhin 1 hour (usual,/ .within t0 rmnulest DV Advocates conduct Cns!s intervention, safety planning, and assessment- I. needed, the DV Advocate will refer the adult victim and/or child to other appropriate services as Identified during the assessment, such as shelter or counseling If shelter is needed imrnediatety. the DV Advocate will assist in the arrangements In cases in which DV Advocate= are not called to the scene. RCPD will provide the DV Advocateswith a copy of the police report_ and the DV Advocate ovtll irnrnediately attempt to make contact to offer advocacy and follow- up services- The DV Advocate will also coordinate with program staff of any other program that the child is involved in 7. Law enforcement officers wilt follow-up with the domestic violence adult victim and children by way of safety patrols or similar activities. p21 Mar 17 09 03 'IOp Law enforcement officers will provide follow-up services such as neighborhood patrols if aperopriate as well as informing the School Resource Officers at the child's school about the situation so that the SRC) is aware of the situation and can offer support to the childlfami'y_ g. t1 child protective services professional and/or domestic violence advocate will attempt to make follow-up contact with the child and family and refer the family to relevant service providers for follow-up services. The DV Advocate and CWS Social Worker will work together to provide follow-up services for the child and family that address any needs identified by the assessment Follow-up home visits made the next day will include more intensive assessments and identify any need for services. If the adult victim does not wish to make a follow-up appointment, the DV Advocate or CWS Social tNorker will still attempt to make contact the following day and in the ensuing weeks will make several phone calls to ensure the children and adult victim are safe and aware of available services If the adult victim declines services altogether. the contact will be noted in the database The DV Advocate will refer children and families to a wide range of follow-up services such as bilingual culturally appropriate case assessment and coordination. emergency and long term (up to 18 months) confidential shelter, individual and group counseling, case consultation. TRO assistance and court accompaniment, trauma -informed substance abuse treatment. ,ndependent living skills classes and financial empowerment services. parenting otasses, emergency food. clothing, and transportation; and rental assistance programs Seniices for children. all using a "Point of Engagement" delivery system. Include �i Esclue'ita, a free, full -day, therapeutic preschool for children aged 3 5 who have been traumatized by family violence As a result of this innovative program, children develop emotionally, socially, and developmentally in supportive home and school environments, increasing their chances of long-terrn healthy development free from violence. Community Services for Families. providing intensive case management, support groups, parenting classes, and referrals for families experiencing or at ask of family violence and Child abuse Pllost of the families are referred through CWS, and many suffer from DV Co n22 Mar 17 09 03 40p Child Abuse Treatment Program (CHAl funded by the California Office of Emergency Services). providing intensive rr!entai health se,r ire i0! Child victims of C 1 Ima Health and Developmental Setiices for Children_ vinich brings together social service health, and educational organizations to provide health and developmental screenings, assessments, and treatment SBCS Is iieveloprng a 23 hr assessment center !o prov,de short-term shelter arc services for child abuse victims recently taken from their borne SBCS envisions this as being part of a Children's Viiiage that brings together are array of organizations providing tailored services and supports for victims of child abuse and family violence, !heir non -offending parents, and foster families, resulting in long-term stability for child abuse victims in the region 9. Conduct bi-monthly regularly scheduled in person conferences to review all cases. NCPD. SBCS, and CVVS wilt coordinate hi -monthly in -person case conferences to review aft cases DVRT staff will identify any other services and programs that the family Is accessing, and vrill work to ensure that the services are coordinated. searnlcss_ and unduplicative Staff of 2d Ic par1:sipate in the es consultations when appr pinat-- ihes2 oche: programs may be nwit r 10. Facilitate the regular exchange of information among personnelfrom taw enforcement, child protective services, probation_ mental' health, public health, domestic violence agencies, and relevant attorneys through the dove/oprnent of a multidisciplinary team which meets every other month. The Multi -Disciplinary Team (MDT) including the CLDV-SRP staff (CVPD. SL3CS, representatives of the D 's office, and other refevant agencies, will meet quarterly to exchange information. adjust services to meet current needs, address and resolve challenges, evaluate the progress of the collaboration, and coordinate outreach to the community_ 19. Complete a comprehensive programmatic evaluation regarding the impact the program had on reducing trauma to children exposed to domestic violence and increasing their safety. Once the contract is awarded, an evaluator toall be selected through a competitive bid request process to design and conduct a comprehensive programmatic evaluation The selected evaluation team will work with the CEDv-SRP staff to identity appropriate evaluation methods and tools. gather ;;rd analyze data and report evaicaiion results Mar 1 7 09 03 41p p23 Implementation (2 pages maximum, not including charts): National Cite Police Department, a department of the City of National City, employs 92 police officers and 43 professional staff members and serves over 60.000 residents In a nine square mile area In pardnerstrip with our community, NCPD is committed to providing the highest level of service and public safety. We pursue this commitment with an unwavering resolve while always Respecting the rights and dignity of those we serve NCPD's Administrative Division has many years of experience successfully managing federal and state grants including grants from State Homeland Security, Law Enforcement Terrorism Prevention Program. Urban Area Security Initiative, the Office of Traffic Safety, and Justice Assistance_ NCPD, CWS, and SBCS have worked collaboratively on DVRT services for adult victims and children since 1999. Originally, the DVRT only responded in cases where children were present, but was later expanded to include all DV calls For the last 3 years, DV Advocates have been stationed full-tirne at the NCPD in order to provide immediate response and have direct parson ,.Kith PD staff_ This close contact ensures mutual trust and cooperation and facilitates information sharing among the partners In the past. DV Advocates have found that victims are less receptive to accessing follow- up services it the follow-up contact takes place more than 72 hours after the crisis ,s over However f follow-up services are suggested during the initial DVRT visit, clients are 50% more likely Ic connect with needed services. For this reason. the rotl cell :a;nings grcatty stress the importance of ensuring that the DVRT Advocates are called immediately so that this critical window of opportunity is not missed The DVRT project also employs a Data Entry/Program Aide viho is responsible for all data entry of the project_ SBCS rs the lead agency in the South Bay Regional Collaborative (SBRC), a partnership between SBCS and the region's four community co►lahoratives, Children's I lospital. and YMCA Family Stress Counseling Services. The SBRC is also contracted with the County of San Diego 10 provide Community Services for Families (CSF) in the South Region referred by the (62 L) f; ?4 Nat 17 09 0341P Chlldren's Services iureD These 'nCluQ_ Case management.p2r?ntl^q riac SUpporl giouPs. specialized training, and 'JIB'veril lon`reierrai se `vices `]`;C5 ',! t enSUr. that victims with children who ale served Through trl= i)VP.T be !Inked into the CS9- protram l i,1= NCPD will facilitate a quarterly Multi -Disciplinary Tearn (MDT) meeting to discuss domestic violence topics with allied agencies. including hospitals, Adult Protection Services. Child Welfare Services and the other DV Providers his collaboration demonstrates :he r.ogion's inte.nhon io work together toward the mutual goal of providing maximum available assistance or domestic violence child victims I he outcome will be a permanent community collaboration of public and private agencies providing immediate response and focused. comprehensive follow-up services for child victims of family violence. As a result of contact with any of the partners of the collaborative, child and adult victims of domestic violence '.vill gain aurornatic access to a vie array of services. supports, and resources that will help Ihem reemid seif-sufficient, non-violent lives for thernselves and their children Mar 17 09 03 42p p 25 Budget Narrative The budget supports the objectives by using the majority of funds for direct service activities Pail A Personnel Services The grant supports a 5FTE Police Officer, who will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, inform the other CEDV SRP Team nhembers (DV Advocate and CtPJS Social Worker) when responding to such calls, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination Qualifications Graduation from high school or possession of 12th grade G F D certificate_ and completion of Basic Police Academy_ Benefits Medicate, Uniform Allowance, LTD Insurance, Insurance with Compensation, Life ADID Insurance, Pers (ret-irement). and Health Insurance- Total wi benefits $59,712_ Part B Operating Subcontract In an Evaluator, selected through a competitive hid request process once the award is announced, to design and conduct 3 comprehensive programmatic evaluation The selected Evaluator will .,nvork with the CEDV-SRP Team to identify appropnate evatuation methods and tools, gather and analyze data, and report evaluation results Total sub -contract is S17,500 (10% of total award) Subcontract with South Bay Comrnun;ty Services fors FTE DV Advocate and 25FTE tiara r-ntn, . de The DV Advocate part'cipa'.e in the CEDV-SRP Team, provide 'mmedlo e and follow-up response is DV calls in which children are present, participate in cross -training, protocol development. data sharing. case consultation, MDT meetings, and progran-n coordination The DV Advocate will be located full lime at the NCPD Qualifications Min 1-year experience in child, youth, and family services field, preferably in a community based service - organization Exponence in the areas of individual, group, and family counseling. outreach, community education and development. advocacy, and case management- Ability to work with a diverse cultural population Q A or B S degree, (M A or M S W preferred) in social work. p 20 Mar 17 09 03-42p psychology. or related Held_ experience may be subOiuted 40 Hour DV train,n.:1_ Eilmg;ial preferred The Data Entry Ai:,; f>rogram sia;rstics and record._., including the n 3red database Qualifications High S::hoeil graduate or equivalent Bilingual (Englisn; Spanish) preferred Should be .ornouter liierale and demonstrate good communication skills Both positrons include benefits. FICA. SUI Insurance with Compensation, Pension and Health Insurance The subcontract also includes opeiahng costs for the program including mileage (75 miles/month >r S 585 x 12 months = $5261 Office supplies ('$40/month 12 months = $da0). Celt phone!p agef ($50/rnenth x 12 months - 3600i and SBCS' Federally Approved indirect rate (12.9% of $33.370 = $4,305) fhe total sub -contract is $37.675. ;subcontract with the County of San Diego for 5 FJF C1/JS Social Worker The Social Worker will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present participate in cross-iralning, protocol development, data sharing, case consultation MD I meetings. and program coordination Qualifications- RA in social work from an accredited college or university. DR, BA from university with at least 20 s=mester units in the behavioral sciences, AND, 1 year of work experience or 2 semesters of supervised internship experience in a family or children's service agency performing duties of supc.evision. treatment or protective services to children Benefits FICA. Employment Comp Insurance, Unempioyrnent I-iealth Insurance, and retirement The total sub -contract is $51.780 Indirect costs of administrating the grani, calculated as 5% of the total Direct cost_ an accredited college or $8,333. Pail C: Equipment None All funds are directly for operating staff and program costs, and do not include costs for any Program or Department Directors The CEDV-SRf Team members will split their time between Objectives 1-11, spending the majority of their time on providing crisis intervention follow-up services, and advocacy to clients Each team rnember will dedicate SFTE to the pro)eCi Reset Form, Print Form City of National City Governor's Office of Emergency Services GRANT AWARD AMENDMENT II IIS AMENDMENT, made and entered into on 'AVOW Of' AMENDMENT NO. March 27, 2009 (Date) Governor's Office of Emergency Services, hereafter designated OES, and the following Administrative Agency p hereafter called the Recipient. EV08018608 by and between the WITNESSETH: 1 hat the Recipient agrees to the amendment of this Grant Award Agreement as specified below: Grant Award Agreement EV08018608 is hereby amended to increase the Children's Justice Act 200B funds by $25,000, from $175,000 to $200,000. All other provisions of this agreement shall remain as previously agreed upon_ INWITNESS WHEREOF, this Grant Award Amendment has been executed by the parties hereto, upon the date written above. OFFICE OF EMERGENCY SERVICES for OES use an f'EY A(ITFtfJRIZEQSIGNAT.URE ..:. _' `` i�PF�INTEfxNgM�flFPERS`OI�•SICNINC+ .er°�-`;` RECIPIENT City of National City BY (AUTHORIZED SIGNATURC) DATE PRINTED NAME AND TITLE OF PERSON SIGNING Manuel Rodriguez - ADORESs 1200 National City Blvd., National City, CA 91950 "AMOU�1fENGUMBEREOBVTHISDOCUMENT PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE' 1PRIORAMOUNT,ENCUMBEREDFOR THIS :MATCH "GRANTAWARD-r .. • • CHAPTER STATUTE FISCAL YEAR 40TAL 1MOUNTENCUMBEREOTODATE :PCANUMBER PROJECT NUMBER hereby certify upon my own personal knowledge that -budgeted funds are available for the period and purpose of the expenditure staled above. BIGNATURE OF OES FISCAL OFFICER •• • . •• Grant Award Amendment — OES 513 (Revised 1/1/2007) FEDERAL CATEGORY NUMBER • BUDGET CATEGORY AND LINE ITEM DETAIL (- - ,v 4- 4-,Vc-6( A. Personal Services — Salaries/Employee Benefits flees guPt- COST Police Officer Salary (CEDV Investigator) Police Corporal Jim White @ 5 FTE May -Dec 2009 Salary $53,966 Educational Incentive Pay $ 1,619 Bilingual Pay $ 1,619 Longevity Pay $ 320 LTD $ 156 Uniform Allowance $ 750 Total Salary & Special Pay= $58,430 Benefits Life Insurance $ 71 Health Insurance $ 3,098 Workers Comp $ 5,661 PERS $22,171 Medicare $ 843 Total Benefits= $31,844 Total Salary & Benefits= $90,274 50% of Total or .5 FTE _ $45,137 $45,137 TOTAL $45,137 CatEMA 2-106b (formerly OES 303b (Revised 2/1/2009) BUDGET CATEGORY AND LINE ITEM DETAIL B. Operating Expenses COST Telephone Cost of cellular phone and ser,,cie for Police Officer Calculated a $67.33 x 6 months Equipment (tinder $10,000 per item) Police Officer Desktop Computer Police Officer Color Pinter Police Officer Digital Camera Training For Police Officer and SBCS Advocate Subsistence (Lodging & Meals) 50% $1,500 Tuition 20% $600 Travel 20% $600 Incidentals 10% $300 Printing Funds to cover costs for matierals and printing such as brochures and other documents to provide information, training, resources and awareness to the public and allied agencies about the CEDV program and services - Sub -Contract - South Bay Community Services Provide Advocate staff to do follow up and response to NCPD Domestic Violence Calls. Participate in the CEDV-SRP team and respond team to DV calls where children are present Participate in the cross -training protocol devleopment, data sharing and program coordination Breakdown of SBCC sub -contactors cost: Personnel Services FTE Program Director @ 10%x $53,560= $ 5,356 PTE.Advocate @ $18.50/hr. x 12 rnths x 50% = $19,240 PTE DVRT On -Call Staff @ $75 / Shift x 50%= $ 9,750 FTE Contract Compliance @$17.5I /hrxl2mlhsxl0%= $ 3,640 Sub Total Salaries $ 37.986 Fica @ 7.65% = $ 2,906 Sui @ 1.1689% of first $7,000 in earnings= S 320 Insurance Workers Comp @ 2% = $ 760 Pension $13.41 x 12 mths x .10 FTE= $ 160 Health Insurance @ $422/rnlh x 12 x 70 FTE- $ 3 542 Total Salary and Benefits S45,674 Operating Expenses Milage @ 214 miles / mth x $.550 $ 1,412 Office Supplies @ $42 / mth $ 504 Communications @ $50/mth x 12mths $ 600 Total Non -Personnel $ 2 516 Total Direct Cost $48,190 Indirect Cost Admin. Overhead @ 5% Total Sub -Contract Amount $ 2,410 $ 50,600 Sub -Contract - County of San Diego Provide .5 FTE Social Workers to pariticipate in the CEDV-SRP team and respond to DV calls where Children are present. participate in cross training, protocol development, date sharing al program coordination. $404 $1,500 $300 $500 $3,000 $1.300 $ 50, 600 $51 ,780 CalEMA 2-106b (formerly (_)ES 303b (Revised 2/1/2009) BUDGET CATEGORY AND LINE ITEM DETAIL Breakdown Sub -Contractor Cost: Personnel Services 5 FTE Senior Social Worker @ $65.96 x 50% _ Fica @ 7 65% Employment Comp Insurance @ 384, = Unemployment 25% Fixed Health Ins @ 9.90 Retirement @ 36 203% Total Sub -Contractor Amount $32,980 $ 2,523 $ 989 $ 82 $ 3,265 $ 11,940 $51,780 Consultant Required 20% of grant The Evaluator will conduct a comprehensive programatic evaluation. including identifying appropriate evaluation methods and tools, gathering and analyzing data, and reporting evaluation resulsts. Indirect Costs Calculated @5% of allowable Direct Costs TOTAL $20,000 $8,727 $138,111 CaIEMA 2-106b (formerly OES 303b (Revised 2/1/2009) BUDGET CATEGORY AND LINE ITEM DETAIL C. Equipment COST Computer Server $16,752 Needed to run and store CEDV Program Data Base Purchase, installation, configuration, contractor, labor and rnisc costs. TOTAL $16,752.00 Total Project Cost* $200,000 'Same as Block 10G on the Grant Award Face Sheet CalEMA 2-106b (formerly OFS 303b (Revised 2/1/2009) �0 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID S4 SOUT-17 DATE (MMIDDIYYYY) 10/15/09 PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor L. >a CA 91941 :619-464-6851 Fax:619-464-1901 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC INSURED South Bay Community Services Inc. 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CERTIFICATE HOLDER CANCELLATION The City of National City its elected officials, officers, agents & employees 1243 National city Blvd. National City CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 26 (2001/08) Usl(s)fbi AHORIZED EPRiNE . © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25 (2001l08) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY COPY ONLY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers compensation premium otherwise due on such remuneration. Minimum Premium: $0 Schedule Person or Organization THE CITY OF NATIONAL CITY C/O CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 RE: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 01 /01 109 7FNITH INSURANCE COMPANY Insured SOUTH BAY COMMUNITY SERVICES Policy No. Z069607102 Policy Period 01 /01/09 To 01 /01 /10 Issued On 09/23/09 At San Diego, CA PRESIDENT C-04-03-06B (Ed. 10-07) Endorsement No. 17 City of National City, California CITY COUNCIL AGENDA STATEMENT ..,ZETING DATE November 3, 2009 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY MILE OF CARS ASSOCIATION TO PROVIDE TWO SERVICEABLE, USED, UNMARKED VEHICLES EVERY 60 DAYS FROM VARIOUS PARTICIPATING DEALERS TO BE USED BY TIIE NATIONAL CITY POLICE INVESTIGATIONS UNIT AT NO COST TO THE CITY PREPARED BY Dennis Leach EXPLANATION DEPARTMENT Police Department The Mile of Cars Association has agreed to provide two serviceable, used, unmarked automobiles to the NCPD Investigations Unit, free of charge. Different participating dealers will rotate their automobiles on loan to the City every sixty days. The City will provide liability coverage for the use of the automobiles through its program of self-insurance while using the automobiles and will indemnify the Mile of Cars Association during such period of use. Environmental Review 4 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff Recoimends Approval - No Fiscal Impact BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY MILE OF CARS ASSOCIATION TO PROVIDE TWO SERVICEABLE, USED, UNMARKED VEHICLES EVERY 60 DAYS FROM VARIOUS PARTICIPATING DEALERS TO BE USED BY THE NATIONAL CITY POLICE INVESTIGATIONS UNIT AT NO COST TO THE CITY WHEREAS, the Mile of Cars Association has agreed to provide two serviceable, used, unmarked vehicles to the Police Department's Investigation Unit at no cost to the City; and WHEREAS, different participating dealers will rotate their vehicles on loan to the City every 60 days with the City providing liability coverage for the use of the vehicles through its program of self-insurance while using the vehicles, and will indemnify the Mile of Cars Association during the period of use. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the National City Mile of Cars Association to provide two serviceable, used, unmarked vehicles every 60 days from various participating dealers to be used by the Police Department's Investigations Unit at no cost to the City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney UNDERCOVER VEHICLE ENHANCEMENT PROGRAM AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MILE OF CARS ASSOCIATION This Agreement is made and entered into this 3rd day of November, 2009, by and between the City of National City and the National City Mile of Cars Association. Objective: Enhance the National City Police Department (hereinafter "NCPD") Investigation Unit's surveillance capabilities by adding two unmarked automobiles to the pool of investigative automobiles. Program Description: • The Mile of Cars Association will provide two serviceable, used, unmarked automobiles to the NCPD Investigations Unit. • A different dealer will provide replacement automobiles every sixty (60) days and the prior dealer will remove its automobiles from the program. • Each dealership on the Mile of Cars, will take a turn providing the automobiles. • A rotation schedule will be prepared by the Mile of Cars Association. • The automobiles will be picked up and returned to the dealership by NCPD Investigations personnel. • The automobile registrations will remain in the name of the National City Mile of Cars dealer, per Department of Motor Vehicle regulations. • The City of National City is self -insured against all losses arising out of the activities of its officers and employees and is willing to hold the Mile of Car dealers harmless from any risk or loss arising from the activities of its police department, in consideration for the use of the Mile of Cars Dealers vehicles. The City of National City shall indemnify, defend and hold harmless the Mile of Cars Dealers, its officers and employees against all claims, suits, liabilities, and losses. including all costs of defense arising out of the Mile of Cars Dealers providing vehicles to the National City Police Department pursuant to this Agreement; provided, however, that this agreement to indemnify and hold harmless shall not apply to any claims or Liability arising from the established sole negligence or willful misconduct of the Mile of Cars Association or its agents, officers, or employees. A Memorandum of Insurance will be issued to each dealer involved in this program, as well as the Mile of Cars Association. •. The Mile of Cars dealer will perform any maintenance required on the automobiles that they provide. The City of National City will be responsible for any damage to the vehicles during the loan. • The Investigations Department Sergeant will coordinate the program. Term of the Agreement: The agreement between the City of National City and the National City Mile of Cars Association will go into effect on the date first above written. The Agreement will remain in effect until or unless either party, acting through the Chief of Police or the President of the Mile of Cars Association, terminates this Agreement by written notification thirty days in advance. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George Eiser III, City Attorney MILE OF CARS ASSOCIATION (Corporation — signatures of two corporate officers) By: 6 (Name) (Print) c5`L- By: (Title) (Nam GRJQop9 GAT) (Print) (Title) Page 2 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE5 11-03-09 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of the City of National City Approving the Memorandum of Understanding between the City of National City and the National City Police Officers' Association for the Term July 1, 2009 through June 30, 2011 PREPAR Dire (336-4308) an Resources EXPLANATION DEPARTMENT Human Resources On September 15, 2009, the City Council approved the terms of a two year agreement with the National City Police Officers' Association (POA). The term of said agreement is July 1, 2009 through June 30, 2011. Since concluding labor negotiations in August, 2009, staff has been working with POA in finalizing the language associated with the terms of the agreement in the document referred to as the Memorandum of Understanding (MOU). Having completed and agreed to the language and having received the signatures of the bargaining teams on said document, staff hereby seeks that approval of the MOU by the City Council. Environmental Review ✓ N/A Financial Statement There is no increased cost associated with this action. The estimated increase in the general fund expenditure associated with the terms of the MOU ($157,826 for fiscal year 2009/2010) was included in the September 15, 2009 Council action. Account No. 1 STAFF RECOMMENDATION Approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution L. 2. Memorandum of Understanding A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2009 THROUGH JUNE 30, 2011 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, 2009 through June 30, 2011. 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 City for the period of July 1, 2009 through June 30, 2011. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY NAVE oi887 -. tty MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FOR FISCAL YEAR JULY 1, 2009 - JUNE 30, 2011 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 Court Leave 8 Article 7 Sick Leave with Pay 9 Article 8 Special Leave with Pay 13 Article 9 The Compensation Plan 14 Article 10 Pay Differential 16 Article 11 Overtime 17 Article 12 Compensatory Time Off 20 Article 13 Education/POST Incentive Pay 22 Article 14 Longevity Pay 24 Article 15 Cafeteria Plan for Health, Dental & Insurance Plans 25 Article 16 Employee Life Insurance 27 Article 17 Public Employees' Retirement System 28 Article 18 Management Rights 29 Article 19 Long Term Disability Insurance 30 Article 20 Uniform Allowance 31 Article 21 Salaries 32 Article 22 Association Rights 34 Article 23 Employee Rights 36 Article 24 Work Week/Day 38 Article 25 Training 39 Article 26 Employee Grievance Procedure 40 Article 27 Continuation of Wages, Hours and Working Conditions 49 Article 28 Agreement, Modification, Waiver 50 Article 29 Obligation To Support 51 Article 30 Provisions of Law 52 Article 31 Term of Provisions 53 Article 32 Employee Assistance Program 54 Article 33 Use of City Vehicles 55 Article 34 Definitions 56 NCPOA MOU 2009 - 2011 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 2009 - 2011 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: (A) SWORN POSITIONS: Police Lieutenant Police Sergeant Police Corporal Police Officer Animal Control Officer (B) 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 2009 - 2011 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 and holiday leave with pay. Section 2 Accrual Rates All accrual rates in this section are based on years of service. Employees covered by this Memorandum of Understanding shall earn vacation and holiday leave as follows: Date of hire through 5th year anniversary 1st pay period after 5th year anniversary to 15 year anniversary 7.39 hrs. per pay period of service 8.92 hrs. per pay period of service 1st pay period after 15th year anniversary 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 and holiday leave with the City based on the total number of pay periods of consecutive employment the employee had with the two public safety departments immediately preceding being hired by the City. For example, a lateral with a total of 10 years of consecutive employment with their current and one prior public safety employer would, upon employment with the City, accrue 8.92 hours of vacation and holiday 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: Fixed Holidays Floating, Holidays New Year's Day — January ls` Lincoln's Birthday — February 12 Martin Luther King Day — 3rd Monday in Jan Washington Birthday — 3`d Monday in Feb Cesar Chavez Day — March 31 S` Columbus Day — 2nd Monday in Oct Memorial Day — Last Monday in May Veteran's Day Independence Day -- July 4th Labor Day — 1 St Monday in September Thanksgiving Day — 4'h Thursday in Nov Day After Thanksgiving Day Christmas Eve Day — December 24th Christmas Day — December 25th NCPOA MOU 2009 - 2011 PAGE 3 Article 3 - Vacation and Holiday Leave/Furlough 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. Section 3 Maximum Vacation Accumulation An employee may accumulate vacation and holiday leave to a maximum of three (3) times the annual accrual, and accrual shall stop whenever the employee reaches the maximum. Section 4 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 5 Terminal Vacation and Holiday Leave Pay 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 6 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 7 Holidays Occurring on Normal Work Day In the event an employee is required to work, as determined by the Chief of Police or designee, on a fixed holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate. NCPOA MOU 2009 - 2011 PAGE 4 Article 3 — Vacation and Holiday Leave/Furlough Section 8 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 and holiday leave time to pay in December of each year. Employees must submit a written request to the Human Resources Department to convert vacation and holiday leave 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 first full pay period in December of the previous year through the last full pay period in November of the current year. The City shall attempt to process these requests prior to December 25th. Section 9 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 2009 - 2011 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 Depaitnient Head may in his/her discretion cancel such separation if circumstances warrant such cancellation. NCPOA MOU 2009 -2011 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. 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. 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 2009 - 2011 PAGE 7 ARTICLE 6 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, or an employee required to attend or testify at court in a lawsuit against the City in which the employee is a named defendant, 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 the employee serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms, and the normal work schedule of an employee on court leave may be adjusted to accommodate the needs of the department and the employee's particular circumstances. If the employee makes a court appearance during the morning session and at least part of the afternoon session, after he/she has just completed working a graveyard shift, and if the employee is scheduled to work the next succeeding night shift, the employee shall either: 1. Take the succeeding scheduled graveyard shift off with paid compensation at straight time for the succeeding shift or, 2. With 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 2009 - 2011 PAGE 8 ARTICLE 7 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. Sickness or injury purposely self-inflicted. 2. Sickness or injury caused by willful misconduct. NCYOA MOU 2009 - 2011 PAGE 9 Article 7 — Sick Leave With Pay 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. 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 ordcr to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisor or; 2. The Department Head or; 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 or for a work related emergency which requires consultation with the employee when other means to rectify the emergency have been exhausted. NCPOA MOU 2009 - 2011 PAGE 10 Article 7 — Sick Leave With Pay Section 6 Separation from City Service All accumulated sick leave shall be canceled upon separation of the employee from the City service, except as set forth in subsection 8 ("Sick Leave Payment Upon Retirement"). However, if separation is due to lay-off, the employee's accumulated sick leave, up to a maximum of 240 hours shall be restored to him if the employee is re-employed within 24 months. 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 a doctors statement or other evidence satisfactory to the Department Head or his designee. Section 8 Sick Leave Payment upon 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 or 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 or fewer hours of sick leave during the fiscal year may convert 50% of their remaining accrued sick leave up to a maximum of 50% of an employee's annual rate of accrual (i.e. 50% of 96 hours). 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) or fewer hour eligibility limit on sick leave usage. NCPOA MOU 2009 - 2011 PAGE 11 Article 7 — Sick Leave With Pay 2. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: 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 (EXAMPLE: Employee has 93 hours remaining yearly sick leave; therefore, 93 hours x .5 46.5 hours = 47 hours of pay) 3. 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. 4. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he/she is on payroll June 30. 5. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their formal separation date. NCPOA MOU 2009 - 2011 PAGE 12 ARTICLE 8 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 2009 - 2011 PAGE 13 ARTICLE 9 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan has the following characteristics: 1. The salary range for all classifications, except Police Corporal, consists of five (5) steps (A through E). The salary for Police Corporal 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: 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. 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. NCPOA Mou 2009 - 2011 PAGE 14 Article 9 — The Compensation Plan 3. The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 5. The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall make an employee eligible consistent with Section 1 for this salary advancement. All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it an annual salary increase during the first year equal to approximately five percent (5%). The provisions of this Article are based upon the salary schedule adopted by the City Council and set forth in Article 24. NCPOA MOU 2009 - 2011 PAGE 15 ARTICLE 10 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, Police Corporal or Police Sergeant and assigned Police Service Dog Handler duty on a permanent basis shall receive a specialty pay differential of 4% of base salary per month for the duration of said assignment. Section 3 Those employees classified as Police Officer, Police Corporal or Sergeant and assigned motorcycle duty on a permanent basis shall receive a specialty 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 specialty pay differential of 3% of their base salary for each shift in which a police officer is assigned a trainee and is required to write an evaluation of the trainee's performance. 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 2009 - 2011 PAGE 16 ARTICLE 11 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. Overtime credit must be for work specifically ordered, requested or approved by the Department Head or a designated representative. All time, (including actual hours worked, sick leave, vacation, etc.) except suspension time shall be considered in the determination and calculation of overtime. 3. Except as provided in Section 5 regarding court time, if an employee is required to return to his/her place of employment after he/she has completed a normal work day, he/she shall receive overtime pay for a minimum of four (4) hours unless such overtime is within three (3) hours of the beginning of the employee's regular work period, in which case the employee shall receive overtime pay for one (1) hour more than the overtime hours worked. Said employee shall have the option of taking compensatory time off in lieu of call back pay. 4. All overtime compensation shall be at time and a half whether it is paid or is credited as compensatory time off. (a) The 14-day FLSA work period shall coincide with the bi-weekly pay period. Though the City is only required to pay FLSA overtime for hours actually worked over eighty-three (83) in a bi-weekly pay period, the City under this MOU agrees to pay overtime 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 the round trip mileage of the shorter of either the mileage between the Police Station and the location to which said employee is subpoenaed, or the actual mileage said employee travels round trip between the employee's home 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. NCPOA MOU 2009 - 2011 PAGE 17 Article 11 - Overtime (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. (c) Those employees classified as Police Officer, Police Corporal or Police Sergeant and assigned Motorcycle duty on a regular basis shall receive two hours paid at an overtime rate per week (4 hours per pay period) to compensate them for the time outside their regular schedule necessary to clean their assigned motorcycles. (d) Those employees classified as Police Officer, Police Corporal or Police Sergeant who are assigned Police Canine duty on a regular basis shall receive three and one- half (3.5) hours paid at an overtime rate per week (7 hours per pay period) to compensate them for the routine care and maintenance of their assigned canine. Care and maintenance includes routine off -duty care and maintenance of the canine (feeding, watering, exercising, grooming, administering any medication), the take home police vehicle and the facilities used to house the canine, including routine daily obedience training for their canine 3.5 hours represents a good faith estimate of the City and POA of the average time required to perform these duties. Periodic duties, such as taking the canine to the veterinarian, the purchase of dog food or supplies, more extensive cleaning of the police vehicle, repairs to the police vehicle, repairs to the construction of the facilities used to house the canine, and the time spent with the City's Canine Trainer, are not considered to be routine care and maintenance activities, and are not intended to be compensated by this Section. All such periodic duties shall be performed during the Police Canine Handler's assigned shift. Any need for overtime beyond the 3.5 hours per week and/or outside the scope of routine care and maintenance must be specifically ordered, requested, and approved by the Canine Lieutenant or a designated representative. Requests to repair the police vehicle and the facilities used to house the canine shall be made to the Public Works Department during the Canine Officer's shift. 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 NCPOA MOU 2009 - 2011 PAGE 18 Article 11- Overtime (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 he 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. Employees who usually work a 4/10 schedule may be assigned to a 5/8 schedule for training scheduled for a full week or longer. For training of 8 hours or more up to 10 hours, employees shall be credited with ten hours worked even if the length of the training day was scheduled for or lasted fewer than 10 hours. For training of less than a week but more than a day, employees shall be credited for the actual number of hours that the training lasted and may either a) use vacation or comp time for the differences between the length of the training and l 0 hours or b) work that amount of time on either the same day or on another day during the same pay period. 9. Department Credit Card The City shall make a credit card available for Department 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. NCPOAMOU2009-2011 PAGE 19 ARTICLE 12 COMPENSATORY TIME OFF Section 1 An employee is entitled to receive 1.5 hours of compensatory time off in lieu of pay for each hour of overtime worked. The maximum compensatory time an employee may bank shall be one hundred thirty (130) hours. Section 2 When an employee's employment terminates for any reason, all comp time shall be paid to said employee at the employee's current regular rate (base pay plus applicable incentive and specialty pays computed to an hourly rate) as specified under the Fair Labor Standards Act. Section 3 An employee may use his comp time to extend his regular vacation period with the approval of the Department Head. Section 4 Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. NCPOA MOO 2009 - 201 1 PAGE 20 Article 12 — Compensatory Time Off 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. NCPOA MOU 2009 - 2011 PAGE 21 ARTICLE 13 EDUCATION/POST CERTIFICATE INCENTIVE PAY Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated below. AS or AA in related field BS or BA in related field or AA/AS with Intermediate POST Certificate MS or MA in related field or BS/BA and Advanced POST Certificate Level I benefits are only available to employees already receiving such benefits as of July 1, 2002. GENERAL 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 2009 - 2011 PAGE 22 Article 13 — Education/Post Certificate Incentive Pay 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. If the Department is about to exhaust its entire $30,000 fiscal year budget, the Department will reimburse employees within that fiscal year in the same order in which the employees received Department approval for course reimbursement. NCPOA MOU 2009 - 2011 PAGE 23 ARTICLE 14 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, in a classification represented by the Association, the sum of $40.00 per month; (b) After 20 years of continuous and uninterrupted service, in a classification represented by the Association, the sum of $45.00 per month; (c) After 25 years of continuous and uninterrupted service, in a classification represented by the Association, 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. In the event an employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of prior employment. Employees currently being paid Longevity Pay for service of five (5) and ten (10) years will continue to be paid at the $10/month and $15/month respectively. NCPOA MOU 2009 - 2011 PAGE 24 ARTICLE 15 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. NCPOA MOU 2009 - 201 I PAGE 25 Article 15 — Cafeteria Plan for Health, Dental and Insurance Plans 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 SS/month for each year of service with National City Police Depaitinent as the City's contribution towards the retiree's medical insurance premium. This contribution shall continue until reaching age 65. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understand that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. The City and Association agree to work cooperatively with the City's health care broker to develop a Health Savings Account (HSA) option for employees. The parties shall make a good faith effort to include an HSA option for employees in the 2010 benefit year. NCPOA MOU 2009-2011 PAGE 26 ARTICLE 16 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 $50,000 Basic Life Accident Insurance coverage for each employee. NCPOA MOU 2009 - 2011 PAGE 27 ARTICLE 17 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 Represented employees covered by the City's Local Safety and Miscellaneous contracts with PERS shall pay 2.0% of the PERS Employee Contribution rate, on a pre-tax basis, effective the first full pay period in July 2009. For all represented employees, the City shall pay the remainder (7.0% for sworn and 6.0% for Senior Police Dispatcher and Animal Control Officer) of the applicable PERS Employee contribution rate. . Section 3 The Plan Definition The following benefits are included in the retirement plan benefits: (a) 3% @ 50 for Police Officer, Police Corporal, Police Sergeant and Police Lieutenant hired before the first full pay period following City Council adoption of this MOU; 3% at 55 for Police Officer, Police Corporal, Police Sergeant and Police Lieutenant if hired in or after the first full pay period following City Council adoption of this MOU, 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) 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. NCPOA MOU 2009 - 2011 PAGE 28 ARTICLE 18 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 2009 - 2011 PAGE 29 ARTICLE 19 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 2009 -- 2011 PAGE 30 ARTICLE 20 UNIFORM ALLOWANCE Section 1 In August of each year, the City shall provide $750 per year to full-time employees in the classifications of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Corporal, and Animal Control Officer to be applied towards the purchase and maintenance of prescribed uniforms. 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. NCPOA MOU 2009 - 2011 PAGE 31 ARTICLE 21 SALARIES Section 1 Salary Adjustments 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. Police Officers, Sergeants and Lieutenants Effective the first full pay period in August 2009, the City will adjust the salary for Police Officers, Sergeants and Lieutenants by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 3rd and 4th ranked comparison agencies (including National City among the comparison agencies). If National City Police Officer is ranked fourth, Police Officers, Sergeants and Lieutenants shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between that salary and the top step salary (excluding longevity) of the third ranked agency. If a National City Police Officer already is ranked 3rd or higher, Police Officers, Sergeants and Lieutenants shall not receive a salary decrease under this paragraph. Effective the first full pay period in August 2010, the City will adjust the salary for Police Officers, Sergeants and Lieutenants by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 3rd and 4th ranked comparison agencies (including National City among the comparison agencies). If National City Police Officer is ranked fourth, Police Officers, Sergeants and Lieutenants shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between that salary and the top step salary (excluding longevity) of the third ranked agency. If a National City Police Officer already is ranked 3rd or higher, Police Officers, Sergeants and Lieutenants shall not receive a salary decrease under this paragraph. NCPOA MOU 2009-2011 PAGE 32 Article 21 - Salaries For purposes of this subsection, adjustments will be made upon current salaries, comparing top step to top step excluding longevity, in place at the time of the pay period adjustment among the comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside; (2) Escondido (using their "Step 6" police officer pay); (3) Chula Vista; (4) Carlsbad; (5) City of San Diego; (6) National City; (7) El Cajon; (8) Coronado; and (9) San Diego County Sheriff's Department and (10) La Mesa. B. Police Corporals The salary for Police Corporals shall be a flat amount approximately five percent (5%) higher than "E" step for Police Officer. C. Senior Police Dispatcher and Animal Regulation Officer The classifications of Senior Police Dispatcher and Animal Regulation Officer shall not receive a salary adjustment during the term of this MOU. D. The City shall provide each employee represented by the Association with a $1,500 stipend the first full pay period following City Council approval of this MOU and a further $1,000 stipend in the first full pay period of July 2010. NCPOA MOIJ 2009 - 2011 PAGE 33 ARTICLE 22 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 2009 - 2011 PAGE 34 Article 22 - Association Rights Section 5 Subject to the needs of the department and the approval of the Chief of Police, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee requests said assistance and to meet with City management representatives relative to matters of Employer -Employee relations. NCPOA mou 2009 -2011 PAGE 35 ARTICLE 23 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 NCPOA MOU 2009 - 2011 PAGE 36 Article 23 — Employee Rights official personnel file or destroyed. In no event shall such material be maintained in any location other than the official file referred to above nor shall materials be placed in the employee's official personnel file without his/her knowledge. 7. Whenever an employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request from his/her department head permission to take time off to do so. Said request shall be granted unless the needs of the City or Department are such that the 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. Discipline shall remain in the affected employee's personnel file for five (5) years with the exception of a "Written Notice of Deficiency," which shall remain in the personnel file for two years from the date of issuance. 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 2009 - 2011 PAGE 37 ARTICLE 24 WORK WEEK/DAY 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 Mo17 2009 - 2011 PAGE 38 ARTICLE 25 TRAINING All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training consistent with the needs of the Department. The City will pay for the actual travel time required for training outside San Diego County. Employees are expected to work with the Department to flex their schedules to avoid overtime. NCPOA MOU 2009 - 2011 PAGE 39 ARTICLE 26 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 grievants bargaining unit. (B) City: The City of National City. (C) City Manager: The City Manager or his designee. NCPOA MOU 2009 - 2011 PAGE 40 Article 26 — Employee Grievance Procedure (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. (H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. (I) Immediate Supervisor: The individual who normally assigns, reviews or directs the work of an employee. (J) Management: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; (2), Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (K) Memorandum of Understanding (MOU): A written agreement between an employee organization and the City which is a result of the meet and confer process. (L) 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. NCPOA MOU 2009 - 2011 PAGE 41 Article 26 — Employee Grievance Procedure 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). (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. (D) Statement of Grievance: The grievance must contain a statement of: The specific situation, act or acts complained of as being unfair; NCPOA MO11 2009 - 2011 PAGE 42 Article 26 — Employee Grievance Procedure 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). (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: l . The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. (J) 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. 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. NCPOA MOU 2009 - 201 PAGE 43 Article 26 — Employee Grievance Procedure 2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3. 3. The grievant does not comply with any of the requirements of Sections 4 or 5. (K) Representation: The grievant may elect to be represented by the Association or any other person or to represent himself/herself. If the grievant elects to not be represented by the Association, the Association shall be given a copy of the grievance and its resolution. (L) Deletion of Step(s): By mutual written consent of the department head and the grievant, any one or more of the first three (3) steps of the procedure may be omitted in consideration of a specific grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of the grievance. (M) Reprisals: The grievance procedure is considered an integral part of the employee - employer relation policy of the City. As such, it is intended to assure a grievant and his/her representative the right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her supervisor or other agents of the City provided he/she observes the provisions of the grievance procedure. Section 5 Grievance Procedure Steps The following procedure shall be followed by an employee submitting a grievance: Step I 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. NCPOA Mou 2009 - 2011 PAGE 44 Article 26 — Employee Grievance Procedure 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 Hearing: (a) Grievance to Personnel Officer: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Personnel Officer. (b) Selection of Board Members: Within seven (7) calendar days of receiving the grievance at this level, the Personnel Officer shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Personnel Officer shall select another member. The two board members shall select a third member to serve as Chairperson. The board members may be any persons who are not directly involved in the incidents of the grievance or in the line of supervision over the grievant either at the time of the hearing or at the time the incidents referred to in the grievance occurred. Any person nominated to be the chairperson shall be 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: 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. NCPOA MOU 2009 - 2011 PAGE 45 Article 26 — Employee Grievance Procedure 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. The hearing may be tape recorded, but here shall be no shorthand or other mechanical recording of the hearing unless mutually agreed upon by the City and grievant. 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 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. NCPOA MOU 2009 - 2011 PAGE 46 Article 26 — Employee Grievance Procedure (e) 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. 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: 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. NCPOA MOU 2009 - 2011 PAGE 47 Article 26 — Employee Grievance Procedure 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 2009 - 2011 PAGE 48 ARTICLE 27 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 2009 - 201I PAGE 49 ARTICLE 28 AGREEMENT, MODIFICATION, WAIVER (A) No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved 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 2009 - 201 > PAGE 50 ARTICLE 29 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 2009 - 2011 PAGE 51 ARTICLE 30 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 MOU 2009 - 2011 PAGE 52 ARTICLE 31 TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective July 1, 2009 through June 30, 2011, superseding all conflicting provisions of the previous MOU and past practices. NCPOA MOU 2009 - 201 t PAGE 53 ARTICLE 32 EMPLOYEE ASSISTANCE PROGRAM The City shall provide an Employee Assistance Program (EAP) 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. NC OAMOU2009-2011 PAGE 54 ARTICLE 33 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 assigmnent is to Homicide Investigation (F) Crimes of Violence Investigator (G) Crimes of Property Investigator (H) Other employees on a temporary basis when it is determined by the Chief to best meet the interests of the department The primary residence of employees in categories (C) — (G) above must be located in San Diego County to qualify for a take-home vehicle, with the exception of an employee assigned to the DEA Task Force. Section 2 The City will provide marked take home cars to sworn employees who live in National City and are off probation, 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 the vehicles would be based upon seniority. Officers assigned take home cars under this provision will follow the same rules and guidelines as officers assigned under Section 1 of this agreement_ 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 2009 -2011 PAGE 55 ARTICLE 34 DEFINITIONS Unless the particular provision or the context otherwise requires the defmitions 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. NCPOAMOII2009-2ou PAGE 56 Article 34 - Definitions 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), loss of special assignment pay. DEPARTMENT - Shall mean the Police Department. DEPARTMENT HEAD - Shall mean the Chief of Police or his designee EMPLOYEE - Shall mean a person who is legally an incumbent of position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. FISCAL YEAR - Shall mean a twelve (12) month period beginning July 1 and ending June 30. IMMEDIATE FAMILY - For the purpose of family care under Article 9 of this MOU, shall mean any person who is related by blood, marriage or adoption and shall include children of the employee, children of the employee's spouse, the employee's spouse, domestic partner as well as the employee's parents and grandparents. 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 siblings of the employee or the employee's spouse or domestic partner. 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. 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. NCPOA MOU 2009 - 201 1 PAGE 57 Article 34 - Definitions 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 Depariinent 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. SALARY RATE - Shall mean a specific dollar amount, expressed as eithcr 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. NCPOA MOU 2009 - 2011 PAGE 58 Article 34 - Definitions 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 2009 - 2011 PAGE 59 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Nov 3, 2009 AGENDA ITEM NO. 11 "JTEM TITLE Warrant Register #14 for the period of 09/30/09 through 10/06/09 in the Amount of $2,281,805.77 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette 619-336-43 Per Government Section Code 37208, attached are the warrants issued for the period of 09/30/09 through 10/06/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Kaiser Health 229521 134,884.96 Emp Health Ins. Payroll Various 1,025,972.35 PPE 09/21/09 ( Environmental Review Financial Statement Not applicable. N/A MIS Approval Approved By. Finance Direc •r Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,281,805.77 BOARD / COMMISSION RECOMMENDATION L TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#14 A-200 (Rev. 7/03) 1/3 PAYEE KOCH ARMSTRONG GENERAL SAN DIEGO HOUSING FEDERATION KSDS JAZZ 88.3 AMERICAN LUNG ASSOC OF CA BUSTAMANTE & ASSOC CITY OF CHULA VISTA ENVIRONMENTAL HEALTH COALITION GEOSYNTEC CONSULTANTS NAN MCKAY AND ASSOCIATES, INC. PYATOK ARCHITECTS INC STRADLING YOCCA CARLSON & ACE UNIFORMS & ACCESSORIES,INC ADAMSON POLICE PRODUCTS AIRGAS SAFETY INC. AIRGAS-WEST ALCEM FENCE COMPANY INC ALL FRESH PRODUCTS MBU INC. MERICAN PUBLIC WORKS ASSOC ..MERICAN ROTARY BROOM CO., INC AT&T/MCI AT&T/MCI AT&T/MCI BOOT WORLD BOYS & GIRLS CLUB BROADWAY AUTO GLASS BROWN MARKETING STRATEGIES BULLEX DIGITAL SAFETY CAPF CAL EXPRESS CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CDWG CEB COMMCINEMA INC. COPY POST PRINTING COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D MAX ENGINEERING INC "1PPER TIRE COMPANY ETA TICKET INC LAX TRAFFIC INC. DELTA DENTAL DELTACARE (PM!) DIAZ DOUCETTE CAL►FORNIA.• T fry aacJir _ _ WARRANT REGISTER # 14 10/6/2009 DESCRIPTION CHK NO STREET RESURFACING 229450 NAVIGATING THE NEW HOUSING FRONTIER 229451 BAYFRONT CONCERT FINIAL PAYMENT 229452 DEMONSTRATION PROJECT - JUL 09 229453 CONSULTING SVCS FOR SEPT 2009 JULY 2009 SERVICES HUD - DEMONSTRATION PROJECT ENVIRONMENTAL CONSULTING HCV MASTERBOOK REVISION SVC PARADISE CREEK TOD INFILL-PW YARD RDA GENERAL SVCS WEARING APPAREL PARK KILL MODULE CASE DISPOSABLE RESPIRATOR MATERIALS & SUPPLIES MISCELLANEOUS FENCE REPAIRS FOOD FOR NUTRITION CENTER CABLES/SOFTWARE & DATABASE APWA DUES - M BABAKI AUTO PARTS PHONE SERVICE 08/13 - 09/12/09 PHONE SERVICE 09/07 - 10/06/09 PHONE XXX-8857 JUL 09 WEARING APPAREL DONATION FOR NC BRANCH AUTO PARTS RETAINER FEE/EVENTS - SEPT 2009 BULLSEYE TRAINER'S FIRE/LTD OCT 2009 COURT FILING/SVC - TROPHY LOUNGE BREAD DELIVERY FOR NUTRITION ELECTRONIC DOOR REPAIRS LITTER REMOVAL - PARADISE CREEK PD/LTD OCT 2009 AUTO PARTS FATPIPE NETWORK ROUTER CA EVIDENCE BENCHBOOK 4TH OUTDOOR MOVIE SCREENING ST OF THE CITY ADDRESS PROGRAM PERMIT RENEWAL 10/31/09-10/31/2010 MEMBERSHIP 07/01/09 - 06/30/10 AUGUST 2009 SERVICES TIRES FOR CITY FLEET PC PROCESSING AUG 2009 OPTICOM EMITTER DENTAL INS OCT 2009 CITY SHARE 09/07/09, 09/21/09 REIMB-HAZ MATERIALS CONTINUING 125 PLAN REIMBURSEMENT DATE 9/30/09 9/30/09 10/5/09 10/6/09 229454 10/6/09 229455 10/6/09 229456 10/6/09 229457 10/6/09 229458 10/6/09 229459 10/6/09 229460 10/6/09 229461 10/6/09 229462 10/6/09 229463 10/6/09 229464 10/6/09 229465 10/6/09 229466 10/6/09 229467 10/6/09 229468 10/6/09 229469 10/6/09 229470 10/6/09 229471 10/6/09 229472 10/6/09 229473 10/6/09 229474 10/6/09 229475 10/6/09 229476 10/6/09 229477 10/6/09 229478 10/6/09 229479 10/6/09 229480 10/6/09 229481 10/6/09 229482 10/6/09 229483 10/6/09 229484 10/6/09 229485 10/6/09 229486 10/6/09 229487 10/6/09 229488 10/6/09 229489 10/6/09 229490 10/6/09 229491 10/6/09 229492 10/6/09 229493 10/6/09 229494 10/6/09 229495 10/6/09 229496 10/6/09 229497 10/6/09 229498 10/6/09 AMOUNT 931.38 320.00 6,000.00 11,247.33 6,000.00 7,020.00 16,556.94 994.11 214.00 6,873.81 2,411.50 610.21 180.34 295.07 198.68 2,150.00 6,962.10 2,750.33 147.00 380.26 9,098.48 2,525.31 267.91 367.43 10,000.00 162.04 2,500.00 15,879.65 672.00 99.00 216.00 2,578.79 960.00 1,755.00 79.51 4,894.85 331.41 1,400.00 416.41 296.00 34, 529.00 33,157.32 470.89 2,528.70 1,092.01 14,281.04 3,469.46 358.20 361.79 +r- CALIFORNIA 2/3 PAYEE DREW FORD DUNGCA ECOLAB EMERGENCY EQPT ENGINEERING FIRE ETC G & A AUTO AIR CONDITIONING G & A AUTOMOTIVE, INC. G.A. DOMINGUEZ GOFFIGAN GRAINGER GTC SYSTEMS INC GUERRERO INVESTMENTS LP GULOTTA HAMILTON MEATS & PROVISIONS HD SUPPLY HEALTH NET HEALTH NET HEALTH NET INTERNAT'L TRAINING RESOURCE INTERNAT'LTRAINING RESOURCE IRON MOUNTAIN RECORDS JC TOWING KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LASER SAVER INC LATINO AMERICAN POLITICAL ASSO LOPEZ LORIMAR GROUP, INC. MADSEN MANPOWER OF SAN DIEGO MARTINEZ MASON'S SAW & LAWNMOWER SRVC MATERIAL SALES INC. MCGUIRE DISTRIBUTING MISSION UNIFORM SERVICE MONOLOLO NAPA AUTO PARTS OLIVER PRODUCTS COMPANY PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PE PERVO PAINT CO. POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD ROBERT HALF LEGAL ROJAS INCORPORATED WARRANT REGISTER # 14 10/6/2009 DESCRIPTION AUTO PARTS REIMB-HEALTHY HOMES UNIT REPAIRS DISHWASHER SUPPLIES EQUIP FOR NEW SWORN & RESERVE WEARING APPAREL LABOR, A/C SVC/DIAGNOSTIC CHECK R&M AUTO EQUIPMENT AUGUST 2009 SERVICES REIMB - ACADEMY COSTS EXHAUST VENT NETWORK ENGINEERING HOURS REIMB-HEALTHY HOMES UNIT REPAIRS REIMB-HEALTHY HOMES UNIT REPAIRS MEAT DELIVERY FOR NUTRITION PLUMBING MATERIAL HEALTH INS I-10067A OCT 2009 HEALTH INS OCT 2009 57135J HEALTH -FULL NETWORK 57135A TUITION: BASIC SWAT ACADEMY TUITION: BASIC SWAT ACADEMY RECORDS STORAGE R&M AUTO EQUIPMENT KAISER INS ACTIVE OCT 2009 RET INSURANCE OCT 2009 INK CARTRIDGES MEMBERSHIP-LATINO AMER P ASSOC REPLACE DIRECT DEPOSIT INSTALLATION OF SETCOM ADV BASIC SWAT ACADEMY TEMP EMP SVCS REFUND - CITATION DISMISSED SAW CHAIN RAPID PS ANGLE 1 1/2 X 1 1/2 X 1/8 MILK/DAIRY DELIVERY WEEKLY CLEANING/LAUNDRY SVCS REIMB - ACADEMY COSTS AUTO PARTS "HOME DELIVERED" TRAYS R&M AUTO EQUIPMENT JANITORIAL SUPPLIES 125 PLAN REIMBURSEMENT TRAFFIC CONTROL SUPPLIES AUTO PARTS WEARING APPAREL KNIFE SHARPENING SVCS LAUNDRY SERVICE VTL OCT 2009 TEMP EMP SVCS 125 PLAN REIMBURSEMENT CHK NO DATE AMOUNT 229499 10/6/09 167.96 229500 10/6/09 1,479.50 229501 10/6/09 91.56 229502 10/6/09 34.80 229503 10/6/09 11.631.25 229504 10/6/09 785.67 229505 10/6/09 420.76 229506 10/6/09 12,189.60 229507 10/6/09 786-00 229508 10/6/09 462.40 229509 10/6/09 1,170.00 229510 10/6/09 7,844.00 229511 10/6/09 6,158.00 229512 10/6/09 1,896.60 229513 10/6/09 1,433.59 229514 10/6/09 70,680.79 229515 10/6/09 1,092.24 229516 10/6/09 11,811.30 229517 10/6/09 800.00 229518 10/6109 800.00 229519 10/6/09 125.00 229520 10/6/09 35.00 229521 10/6/09 134, 884.96 229522 10/6/09 7,245.10 229523 10/6/09 719.52 229524 10/6/09 35.00 229525 10/6/09 512.18 229526 10/6/09 320.00 229527 10/6/09 1,240.00 229528 10/6/09 2,758.40 229529 10/6/09 25.00 229530 10/6/09 664.68 229531 10/6/09 26.67 229532 10/6/09 611.38 229533 10/6/09 61.66 229534 10/6/09 775.35 229535 10/6/09 105.40 229536 10/6/09 1,756.00 229537 10/6/09 227.69 229538 10/6/09 91.99 229539 10/6/09 196.00 229540 10/6/09 404.98 229541 10/6/09 698.95 229542 10/6/09 1,579.45 229543 10/6/09 45.00 229544 10/6/09 209.15 229545 10/6/09 2,264.74 229546 10/6/09 992.00 229547 10/6/09 130.15 -, - CALIFORNIA F 3/3 PAYEE SAINZ SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SAN DIEGO SPEEDO TACH, INC. SD BMW MOTORCYCLES SDCTOA SERRANO SMART & FINAL SOSAMON SPARKLETTS STAPLES ADVANTAGE STARK MFG CO STARTECH COMPUTERS STRATACOM SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC TELLEZ TETRA TECH ASL, INC. :TRA TECH ASL, INC. IE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. TOPECO PRODUCTS TURF STAR TURNER'S PORTABLE WELDING U S HEALTHWORKS VERIZON WIRELESS WADE & ASSOCIATES WEBB WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 20 9/8/2009 Special Payroll INCOR.pOR.ATED attv WARRANT REGISTER # 14 10/6/2009 DESCRIPTION BUILDING OFFICIAL TRAINING R&M AUTO EQUIPMENT UTILITIES SPEEDOMETER CALIBRATIONS R&M CITY VEHICLES ANNUAL MEMBERSHIP RENEWAL REIMB-HEALTHY HOMES UNIT REPAIRS MISC SUPPLIES - FIRE REIMB -ACADEMY COSTS WATER/DELIVERY FOR NUTRITION OFFICE SUPPLIES STRAP ASSEMBLIES COMPUTER SUPPLIES - CMITS BUSINESS CARD - FIN R&R FOOD FOR NUTRITION CENTER TIRES 125 PLAN REIMBURSEMENT DEPOSIT #1288 18TH & G AVE DEPOSIT #1288 18TH & G AVE SHOP SUPPLIES LIFE & AD&D STD LTD OCT 2009 SHOP STOCK SHOP SUPPLIES REPLACE OLD PANELS MEDICAL SVCS - DOT EXAM WIRELESS SERVICE FOR ALL CITY SOCCER FIELD ADV BASIC SWAT ACADEMY LIBRARY UPDATES 08/05- 09/04/09 OFFICE EQUIP - CMITS Start Date 9/30/2009 End Date 9/21/2009 End Date 10/6/2009 Check Date 9/30/2009 9/28/2009 CHK NO DATE AMOUNT 229548 10/6/09 59.00 229549 10/6/09 50.00 229550 10/6/09 2,343.26 229551 10/6/09 55.00 229552 10/6/09 68.41 229553 10/6/09 50.00 229554 10/6/09 1,236.00 229555 10/6/09 359.41 229556 10/6/09 731.00 229557 10/6/09 21.20 229558 10/6/09 2,302.06 229559 10/6/09 102.23 229560 10/6/09 105.03 229561 10/6/09 31.83 229562 10/6/09 11, 037.11 229563 10/6/09 216.59 229564 10/6/09 643.84 229565 10/6/09 583.92 229566 10/6/09 548.92 229567 10/6/09 136.35 229568 10/6/09 9,859.56 229569 10/6/09 8.33 229570 10/6/09 65.71 229571 10/6/09 960.00 229572 10/6/09 55.00 229573 10/6/09 3,791.42 229574 10/6/09 3,036.50 229575 10/6/09 1,240.00 229576 10/6/09 474.73 229577 10/6/09 673.15 A/P Total 548,314.24 707,519.18 1,015,398.05 10,574.30 GRAND TOTAL S 2,281,805.77 ,. CALIFORNIA NATIONAL aryl INCORPORATED Warrant Register # 14 10/6/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 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 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,044,625.63 29,733.51 22,117.21 1,306.69 2,480.00 50,785.72 5,869.72 1,371.01 1,504.41 1,345.44 37, 920.59 1,711.86 1,224.51 6,615.63 1,926.54 1,148.23 11,157.76 43, 843.44 16,538.15 2,005.89 17, 589.74 5,034.31 8,026.98 6,337.80 1,092.00 728, 915.94 1,078.30 127,330.05 2,000.01 23,363.22 3,803.50 2,985.53 3,811.52 5,352.60 17,147.05 16,202.44 16,835.37 8,534.63 1,132.84 2,281,805.77 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Nov 3, 2009 AGENDA ITEM NO. 12 / ITEM TITLE Warrant Register #15 for the period of 10/07/09 through 10/13/09 in the Amount of $538,289.47 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Lad 619-336-433 Per Government Section Code 37208, attached are the warrants issued for the period of 10/07/09 through 10/13/09. XT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Project Design 229656 77,699.60 Consultation Svcs SDG&E 229673 69,866.42 Utilities Tristar 229680 59,879.26 W/C Replenishment Environmental Review N/A MIS Approval L Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $538,289.47 BOARD / COMMISSION RECOMMENDATION TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #15 A-200 (Rev. 7/03) ORNIIA,, 1/3 PAYEE BEST BEST & KRIEGER LLP COUNTY CLERK COUNTY OF S D DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION MYKIE'S LAWN & POWER EQUIPMENT NATIONAL CITY HISTORICAL PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO RIDLEY SAN DIEGO HABITAT FOR HUMANITY SD COUNTY VECTOR CONTROL STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE THE BANK OF NEW YORK MELLON THE BANK OF NEW YORK MELLON THE STAR NEWS VERIZON WIRELESS VISTA PAINT DE & ASSOCIATES 10X CORPORATION 211 SAN DIEGO ALCEM FENCE COMPANY INC ALONSO AMERICAN ROTARY BROOM CO., INC AMR ARCO GASPRO PLUS AT&T/MCI BALTAZAR BRENNTAG PACIFIC, INC. BSN SPORTS CA BUILDING STANDARD COMMISSION CA SCHOOL RESOURCE OFFICERS' CALIFORNIA BAKING CO. CALIFORNIA DIESEL COMPLIANCE CITY OF ESCONDIDO CITY OF SAN MARCOS COLLINS CORONADO D MAX ENGINEERING INC DAILY JOURNAL CORPORATION DAPPER TIRE COMPANY DEPARTMENT OF TRANSPORTATION 'IEPT OF CONSERVATION IGCA _ ;IL CORPORATION EXPERIAN FINANCIAL INDEMNITY COMPANY FIRE ETC GORMSEN APPLIANCE CO NAT ITV r.NCOR P OR ATED WARRANT REGISTER # 15 10/13/2009 DESCRIPTION REDEV PLAN AMENDMENT LITIGATION HOME RECORDING FEES CASA FAMILIAR RENTAL - REHAB PROJ WASTE SERVICE - SEPT 2009 STARTER ROPE LEASE TERMS - KIMBALL HOUSE LAUNDRY SERVICES MARINA WIDENING/MARINA GATEWAY REIMB-HUD DAVIS-BACON TRAINING REIMB-1441 HARDING CONSTRUCTION MOSQUITONECTOR DISEASE CONTROL ALARM MONITORING - OCT 2009 OFFICE SUPPLIES - S8 CALREUSE LOAN CASH MATCH CALREUSE LOAN SET UP FEE AD MARINA GATEWAY STREETSCAPE WIRELESS SERVICE FOR ALL CITY PAINT PRINCIPAL PM FOR BAY MARINA GATEWAY S8 LAST PYMNT FOR MACHINE LEASE CITIES CONTRIBUTION MISCELLANEOUS FENCE REPAIRS REIMB - BUSINESS LICENSE DENIED SWEEPER REPAIRS RCCP PAYMENT FOR JUL - SEP 2009 FUEL FOR CITY FLEET PHONE XXX-8857 AUG 09 REIMB-HEALTHY HOMES UNIT REPAIRS POOL CHEMICALS (CHLORINE) YOUTH FOOTBALLS/BASKETBALLS PAYMENT OF BLDG STANDARDS ADM TUITION:CSROA 9TH ANNUAL CONE BREAD DELIVERY FOR NUTRITION ANNUAL OPACITY TESTING OF DIESEL TUITION- FIREARMS ARMORER SCHOOL CA CITIES QUARTERLY MEETING CITATION DISMISSED REIMB - HEALTH HOMES UNIT REPAIRS DEPT#1231 PARADISE MED CENTER ANNUAL SUBSCRIPTION RENEWAL TIRES HIGHWAY LIGHTING SMIP PAYMENT 3RD QUARTER REIMB- HEALTHY HOMES UNIT REPAIRS PLAN CHECK SVCS FOR FIRE DEPT CREDIT CHECKS FOR NEW PD EMP INSURANCE - COMMUNITY DEV LAB CAN 1 GAL W/ POURING LIP/HANDLE CITY-WIDE APPLIANCE REPAIRS CHK NO DATE AMOUNT 229578 10/13/09 7,214.31 229579 10/13/09 50.00 229580 10/13/09 30,104.25 229581 10/13/09 104.75 229582 10/13/09 12.49 229583 10/13/09 5,000.00 229584 10/13/09 66.70 229585 10/13/09 5,844.50 229586 10/13/09 228.34 229587 10/13/09 80,672.00 229588 10/13/09 207.20 229589 10/13/09 146.16 229590 10/13/09 214.24 229591 10/13/09 4,904.00 229592 10/13/09 100.00 229593 10/13/09 1,050.36 229594 10/13/09 413.05 229595 10/13/09 817.28 229596 10/13/09 5,594.50 229597 10/13/09 443.23 229598 10/13/09 12, 223.00 229599 10/13/09 2,015.00 229600 10/13/09 50.00 229601 10/13/09 254.21 229602 10/13/09 29,230.41 229603 10/13/09 28,563.83 229604 10/13/09 267.91 229605 10/13/09 2,279.50 229606 10/13/09 2,423.52 229607 10/13/09 1,580.03 229608 10/13/09 178.20 229609 10/13/09 590.00 229610 10/13/09 72.00 229611 10/13/09 720.00 229612 10/13/09 400.00 229613 10/13/09 70.00 229614 10/13/09 275.00 229615 10/13/09 735.00 229616 10/13/09 723.75 229617 10/13/09 760.57 229618 10/13/09 492.20 229619 10/13/09 3,392.58 229620 10/13/09 454.70 229621 10/13/09 2,586.50 229622 10/13/09 1,511.75 229623 10/13/09 27.00 229624 10/13/09 991.00 229625 10/13/09 81.67 229626 10/13/09 110.00 +}- CAL}FORN1•A *-�+ 2/3 PAYEE GRAINGER GRANICUS INC. HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES HAWTHORNE MACHINERY (INC.) HD SUPPLY HONEYWELL INC. HORIZON HEALTH EAP JJJ ENTERPRISE LEAGUE OF CALIFORNIA CITIES LOPEZ LOVE MAN K-9 INC. MCDOUGAL LOVE ECKIS SMITH & METRO FIRE & SAFETY MISSION UNIFORM SERVICE MX LOGIC, INC NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB NEXUS IS, INC. NIXON EGLI EQUIPMENT CO. OFFICE OF THE MEDICAL EXAMINER ORKIN PEST CONTROL PERVO PAINT CO. PHILLIPS PRO BUILD PRO BUILD PRO -EDGE KNIFE PROJECT DESIGN CONSULTANTS PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY REGIONAL COMMUNICATIONS SYSTEM REPUBLIC ITS REYNA ROUNDS SAMANIEGO FAMILY TRUST SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SAN DIEGO SPEEDO TACH, INC. SAN DIEGO SPORTS MEDICINE SAV-MART PHARMACEUTICALS SD BMW MOTORCYCLES SDCFCA - ADMIN SECTION SDCFCA - FPO SDG&E SPARKLETTS SPERIAN INCORPORATED WARRANT REGISTER # 15 10/13/2009 DESCRIPTION TOOLS - FP WEBCAST/LIVECAST MANAGED MEAT DELIVERY T AVENUE SIDEWALK & PAVEMENT REHAB NUTS/BOLTS/GUARD COR-RH & LH PLUMBING MATERIAL REPAIRS EMP ASST PROGRAM OCT 2009 CITY-WIDE ALARM MONITORING LCC 10TH EXECUTIVE MEETING TRANSLATION SVCS - OCT 06, 2009 REIMB - EDUCATIONAL MAINTENANCE TRAINING - SEPT 2009 CIVIL SERVICE COMMISSION FIRE EXTINGUISHER CHEMICAL WEEKLY CLEANING/LAUNDRY EMAIL SPAM FILTER FOR NATIONAL R&M CITY VEHICLES CAR WASHES FOR CITY FLEET STATEMENT 07/01/09 - 09/30/09 PHONE SYS ADD MOVES CHANGES STREET SWEEPER PARTS FOR OBSERVER SAFETY CLOTHING PEST MAINTENANCE FOR CITY BLDGS PAINT REIMB - PORAC CONFERENCE SMALL TOOLS & MATERIALS SHOP SUPPLIES KNIFE SHARPENING SERVICES CONSULTATION SVCS AGREEMENT UNIFORMS - FP LAUNDRY SERVICE REGIONAL COMMUNICATIONS SAFE ROUTES TO SCHOOL REIMB: HEALTHY HOMES REPAIRS ADV-SHERMAN BLOCK SUPERVISORY REIMB-HEALTHY HOMES UNIT REPAIRS UTILITIES TUITION- REG OFFICER TRAINING K-9 UNIT FOOD - PD SPEEDOMETER CALIBRATIONS EXAMS FOR FIRE DEPARTMENT MEDICAL SUPPLIES R&M CITY VEHICLES MEMBERSHIP RENEWAL MEMBERSHIP RENEWAL UTILITIES WATER/DELIVERY FOR NUTRITION REPAIR MATERIALS CHK NO DATE AMOUNT 229627 10/13/09 179.84 229628 10/13/09 1,477.35 229629 10/13/09 1,005.87 229630 10/13/09 6,635.00 229631 10/13/09 314.36 229632 10/13/09 970.02 229633 10/13/09 1,088.38 229634 10/13/09 866.36 229635 10/13/09 1,092.06 229636 10/13/09 25.00 229637 10/13/09 140.00 229638 10/13/09 1,200.00 229639 10/13/09 800.00 229640 10/13/09 2,747.50 229641 10/13/09 85.31 229642 10/13/09 61.66 229643 10/13/09 4,650.72 229644 10/13/09 263.4C 229645 10/13/09 396.0 229646 10/13/09 10.00 229647 10/13/09 1,388.00 229648 10/13/09 268.92 229649 10/13/09 24.00 229650 10/13/09 313.75 229651 10/13/09 460.95 229652 10/13/09 180.00 229653 10/13/09 475.78 229654 10/13/09 10.06 229655 10/13/09 45.00 229656 10/13/09 77,699.60 229657 10/13/09 225.99 229658 10/13/09 82,68 229659 10/13/09 9,010.00 229660 10/13/09 22,149.23 229661 10/13/09 2,993.50 229662 10/13/09 449.74 229663 10/13/09 271.00 229664 10/13/09 181.18 229665 10/13/09 130.00 229666 10/13/09 108.49 229667 10/13/09 389.00 229668 10/13/09 9,660.00 229669 10/13/09 106.9; 229670 10/13/09 68.4 229671 10/13/09 30.00 229672 10/13/09 25.00 229673 10/13/09 69,866.42 229674 10/13/09 8.68 229675 10/13/09 50.00 PAYEE STAPLES ADVANTAGE SUPERIOR READY MIX CONCRETE SYSCO SAN DIEGO THE SAN DIEGO UNION TRIBUNE TRISTAR RISK MANAGEMENT U S BANK CORPORATE PAYMT SYS UNDERGROUND SERV ALERT VERIZON WIRELESS WADE & ASSOCIATES SECTION 8 HAPS PAYMENTS CA L1 OR NAL Cu IIVCORPO .rED WARRANT REGISTER # 15 10/13/2009 DESCRIPTION OFFICE SUPPLIES TACK OIL/SHEET/COLD MIX ASPHALTS FOOD FOR NUTRITION CENTER LEGAL NOTICES ADVERTISING W/C LOSS REPLENISHMENT CREDIT CARD EXP - COMM SVCS SERVICE ALERT CHARGES WIRELESS SERVICE FOR ALL CITY PROJECT MANAGER SOCCER FIELD Start Date End Date 10/7/2009 10/13/2009 3/3 CHK NO DATE AMOUNT 229676 10/13/09 428.22 229677 10/13/09 2,229.10 229678 10/13/09 1,492.24 229679 10/13/09 2,115.20 229680 10/13/09 59,879.26 229681 10/13/09 871.76 229682 10/13/09 193.50 229683 10/13/09 159.72 229684 10/13/09 1,890.00 GRAND TOTAL A/P Total 526,186.82 12,102.65 $ 538,289.47 CAPFORN)A_ INCORPORATED Warrant Register #15 9/29/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 323 SAFE ROUTES TO SCHOOL 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS, FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 82,647.89 2,015.00 449.74 332.32 29,230.41 77,699.60 2,866.63 8,865.50 1,890.00 20,613.43 13,079.06 278.34 80,672.00 31,184.81 30,104.25 45,734.39 60,972.72 13,877.15 1,477.35 1,815.63 29.17 31, 730.33 723.75 538,289.47 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 3, 2009 AGENDA ITEM NO 13 ITEM TITLE Investment Report for quarter ended September 30, 2009 PREPARED BY Jeanette Ladrido, CP EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to mee'fthe City's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended September 30, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS I Background/Investment Overview 2 Portfolio Summary — Quarter ended September 30, 2009. L Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: VVVvvb Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended September 30, 2009 is summarized below and compared to the quarter ended September 30, 2008. Par Value POOLED INVESTMENT PORTFOL 0 QUARTER ENDED AS OF 45,878,965.13 9/30/2008 48,670,703.02 Book Value (1) 45,878,890.13 48,672,286.05 Market Value (2) 46,069,858.82 48,575,648.89 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 64% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended September 30, 2009, LAIF's monthly average effective yield was 0.750%. The summary of the City's investment portfolio is illustrated in the following chart. Federal Agency Securities account for 16% of the investment portfolio. The average rate of return is 3.297% which is the average yield offered in the current market of Security Bonds with same terms. The City has less than 8% invested in Certificates of Deposit. These investments are in increments of $99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 4.197%. On 9/13/2007 and 7/24/2008, City Council approved a $2 million and $1 million investments in the CDARS program. To date the total investment is $3 million. The combined investment yield is 2.333% and accounts for 6% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 0.56% The pooled investment portfolio has the ability to meet the City's cash flow demands for the next six (6) months. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2009 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF 29,378,527.59 29,424,376.04 0.750% 64.03% Medium Term Notes 500,000.00 504,465.00 4.000% 1.09% Federal Agency Securities 7,114,925.00 7,245,079.00 3.297% 15.51% Certificates of Deposit 3,558,981.21 3,569,482.45 4.197% 7.76% CalTrust 2,326,456.33 2,326,456.33 0.560% 5.07% Negotiable CD/CDARS 3,000,000.00 3,000,000.00 2.333% 6.54% Totals for September 2009 45,878,890.13 46,069,858.82 1.542% 100.00% Totals for September 2008 48,672,286.05 Portfolio decrease from same quarter last year -2,793,395.92 Negotiable CD/CDARS 6.54% CalTrust Certificates of Deposit 7.76% Federal Agency Securities 15.51% 5.07% 1 Medium Term Notes 1.09% LAI F 64.03% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 32,100, 983.92 395, 981.21 2,978,000.00 10,403,925.00 69.97% 0.86% 6.49% 22.68% 45,878, 890.13 100.00% City of National City Finance Department )TPWrr-c- Investments City of National City City of National City Portfolio Management Portfolio Summary September 30, 2009 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit- Monthly 3,558,981.21 3,569,482.45 3,558,981.21 7.76 706 224 4.139 4.197 LAIF 29,378,527.59 29,424,376.04 29,378,527.59 64.04 1 1 0,740 0.750 Medium Term Notes 500,000.00 504,465.00 500,000.00 1.09 1,462 867 3.945 4.000 Federal Agency Securities 7,115,000.00 7,245,079.00 7,114,925.00 15.51 1,813 1,552 3.252 3.297 CalTrust 2,326,456.33 2,326,456.33 2,326,456.33 5.07 1 1 0.552 0.560 CDARS 3,000,000.00 3,000,000.00 3,000,000.00 6.54 607 462 2.301 2.333 45,878,965.13 46,069,858.82 45,878,890.13 100.00% 392 298 1.521 1.542 Investments Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 67,868,63 231,218.05 Average Daily Balance 47,366,407.90 50,174,014.76 Effec j,-te of Return - 1.74% 1.83% Jeanette drido, Finance Director Reporting period 09/01/2009-09/30/2009 Run Dale'. 10114/2009. 16.19 iol(q(c) Portfolio CNC CC PM IPRF_PM1) SymRept 6A1.202b Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2009 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11323 11323 SYS11307 11307 SYS11302 11302 SYS11229 11229 SYS11287 11287 SY511259 11259 SYS11328 11328 SYS11224 11224 SYS11226 11226 5YS11275 11275 SY511260 11260 SY611334 11334 SYS11222 11222 SYS11324 11324 SY811240 11240 SYS11305 11335 SYS11258 11258 SYS11297 11297 SYS11309 11309 SYS11296 11296 SYS11291 11291 SYS11288 11288 SYS11236 11236 SYS11237 11237 SYS11301 11301 SYS11263 11263 SYS11241 11241 SYS11313 11313 SYS11299 11299 SYS11289 11289 SY$11264 11264 SYS11246 11246 SYS11336 11336 SYS11330 11330 SYS11298 11298 SYS11292 11292 Run Date'. 10/14/2009 - 16:19 Advanta Bank Corp 04/02/2009 99,000.00 99.000.00 99,000.00 2.500 300 2.500 550 04/04/2011 American Home Bank/First Ntl B 10/23/2008 99,000.00 99,000.00 99,000.00 4.60D 208 4.600 22 10/23/2009 AMERIKA SAMOA BANK 09/22/2008 99,000.00 99,000.00 99,000.00 4.500 276 4.500 356 09/22/2010 Bank of Washington 10/23/2007 98,981.21 98,981.21 98,981.21 5.1C0 289 5.100 22 10;23/2009 Bank of North Carolina 06/10/2008 99,000.00 99,000.00 99,000.00 4.050 189 4.050 252 06/10/2010 Capitol City Bank 8 Trust 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 232 4.850 95 01/04/2010 CIT Bank 04/08/2009 98,000.00 98,984.90 98 000.00 2.350 2.350 554 04/D8/2011 Citizens Bank of Newburg 10/22/2007 99,000.00 99,000,00 99,000.00 5.100 5.100 21 10122/2009 Citizens Natl. Bank of Quitman 10/22/2007 99,000.00 99,000.00 99,000 00 5.050 237 5.050 22 10/23/2009 Cole Taylor Bank 03/31/2008 99,000.00 99,000.00 99,000.00 3.820 238 3.873 182 04101/2010 Columbia Savings 8 Loan 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 250 4.850 95 01/04/2010 Community First Bank 8 Trust 04/23/2009 99,000.00 99.000,00 99,000.00 2.960 220 2.960 389 10/25/2010 Crestmark Bank 10/012007 99,000.00 99,000,00 99,000.00 5,100 201 5.1CD 0 10/01/2009 Discover Bank 04/02/2009 99,000.00 99,000.00 99,000.00 2.510 300 2.510 550 04/04/2011 Feliciano Bank & Trust 11/02/2007 99,000.00 99,000.00 99,000.00 5.050 222 5.050 32 11/02/2009 Forreston State Bank 10/01/2008 99,000.00 99,000.00 99,000.00 4 150 200 4.150 0 10/01/2009 Garden City State Bank 01/03/2008 99,000.00 99,000.00 99,000.00 4.750 193 4,750 95 01/04/2010 Georgian Bank 07/10/2008 99,000.00 99,000.00 99,030.00 4,260 200 4.260 284 07/12/2010 High Trust Bank 11/13/2008 99,000.00 99,000.00 99,000.00 4250 4.25D 410 11/15/2010 Jacksonville Bank 07/10/2008 99,000.00 99,000.00 99,000,00 4.470 208 4.470 284 07/12/2010 The Leaders Bank 06/18/2008 99,000.00 101,154.24 99,000.00 4,050 189 4.106 260 06/18/2010 Live Oak Banking Company D6/11/2008 99,000.00 99,000.00 99,000.00 4,000 4.070 253 06/11;2010 Monterrey County Dank 10/01/2007 99,000.00 99,000.00 99,000.00 5.150 281 5,150 0 10/01/2009 North American Banking Co. 10/01/2007 99.000.00 99,000.00 99,000.00 5.250 5.250 0 10/01/2009 Orion Bank 09/16/2008 99,000.00 99,000.00 99,000.00 4.500 256 4.500 350 09/16/2010 Pacific Western Bank 01/22/2008 99,000.00 99,000.00 99,000.00 2.500 3,630 113 01/22/2010 Pinnacle Bank 11/20/2007 99,000.00 99,000.00 99,000.00 5,000 158 5.000 50 11/20/2009 R-G Premier Bank of Puerto Ric 11/07/2008 97,000.00 100,194.21 97,000.00 4.500 4.500 404 11/09/2010 STATE BANK OF INDIA (CALIF) 07/18/2008 99,000.00 99,000.00 99,000.00 4.250 257 4.250 291 07/19/2010 Select Bank 06/16/2008 99,000.00 101,102,76 99,000,00 4.000 207 4.000 258 06/16/2010 Southern Bank 02/05/2008 99,000,00 99,000,00 99,000.00 3.700 179 3.700 127 02/05/2010 Synovus Bank of Jacksonville 11/14/2007 99,000.00 99,000.00 99,000.00 5.050 144 5.050 46 11/16/2009 Tennesse Commerce Bank 04/28/2009 99,000.00 99,000.00 99,000.00 2.650 226 2.650 574 04/28/2011 First Tuskegee Bank 04/17/2009 99,000.00 99.000.00 99,000.00 2.400 143 2.400 564 04/1812011 Union National Bank of Elgin 07/19/2008 99,000.00 99,000.00 99,000.00 4.480 163 4.480 291 C7/19/2010 Westernbank Puerto Rico 06/18/2008 97,000.00 99,065.13 97,000,00 4.000 187 4.000 260 06/18/2010 Portfolio CNC CC PM (PRF PM2) SymRept 641. 2020 CUSIP Investment# Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments September 30, 2009 Purchase Date Par Value Market Value Page 3 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Subtotal and Average 3,747,081.21 3,558,931.21 3,569,482.45 3,558,981.21 4.197 224 LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 30,311,860.92 29,378,52759 29,424,376.04 29.378.527.59 0.750 0.750 1 29,378,527.59 29,424,376,04 29,378,527.59 0.750 1 Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP Subtotal and Average 500,000.00 02/14/2008 500,000.00 504,465.00 500,000.00 4.000 AA+ 4.000 867 02/15/2012 500,000.00 504,465.00 500,000.00 4.000 867 Federal Agency Securities 3133XRBM1 3133XRG95 3133XSNC8 3133XSSM1 3133XSWU8 3133XSZ43 3133XSY28 3133XSX52 3133XTALO 3133XTEP7 3133XTFM3 3133XTLW4 3128X7YA6 3128X8UR1 3128X8WY4 3128X8YY2 3128X8L34 3128X8N57 3128X8R87 3128X8Q96 3128X8M82 3136F93L5 3136FHJF3 31398AXF4 3136FHTY1 3136F82A2 3136F82A2 C Run Date: 1C/142009 - 16:19 11282 Federal Home Loan Bank 11290 Federal Home Loan Bank 11312 Federal Horne Loan Bank 11314 Federal Home Loan Bank 11317 Federal Home Loan Bank 11318 Federal Home Loan Bank 11319 Federal Home Loan Bank 11320 Federal Home Loan Bank 11322 Federal Home Loan Bank 11325 Federal Home Loan Bank 11326 Federal Home Loan Bank 11337 Federal Home Loan Bank 11294 Federal Home Loan Mrtgage Corp 11332 Federal Horne Loan Mrtgage Corp 11333 Federal Horne Loan Mrtgage Corp 11339 Federal Home Loan Mrtgage Corp 11341 Federal Home Loan Mrtgage Corp 11342 Federal Home Loan Mrtgage Corp 11343 Federal Home Loan Mrtgage Corp 11344 Federal Home Loan Mrtgage Corp 11345 Federal Home Loan Mrtgage Corp 11315 Federal Natl. Mortgage Assoc. 11329 Federal Natl. Mortgage Assoc. 11338 Federal Natl. Mortgage Assoc. 11340 Federal Natl. Mortgage Assoc. 11266 Fannie Mae 1'267 Fannie Mae 05/28/2008 06/17/2008 12/16/2008 01/13/2009 02/18/2009 02/18/2009 02/18/2009 02/19/2009 03/11/2009 04/07/2009 04/07/2009 05/12/2009 06/25/2008 04/15/2009 04/22/2009 05/10/2009 06/09/2009 06/18/2009 06/23/2009 06/25/2009 06/25/2009 01/21/2009 04/21/2009 05/12/2009 06102/2009 02/12/2008 02/12/2008 175,000,00 179,427.50 175,000.00 4.125 AAA 4.125 200,000.00 202,518.00 200,000.00 4,250 AAA 4.250 300,000.00 306,378.00 300,000.0D 4.250 AAA 4.250 250,000.00 250.060.00 250,000.00 3.150 AAA 3.150 300,000.00 300,129.00 300,000.00 3.000 AAA 3,000 250,000,00 253,360.00 250,000.00 3.000 AAA 3.000 300,000.00 300,576.00 300,000.00 3.125 AAA 3.125 300,000.00 301,146.00 300,000.00 3.000 AAA 3.000 200,000.00 200,494.0C 200,000.00 3.400 AAA 3.400 300,000,00 300,000.00 300,000.00 3.000 AAA 3.000 200,000.00 200,625.00 200,000.00 3.000 AAA 3.000 250,000.00 249,765.00 250,000.00 3.050 AAA 3.050 250,000.00 256,147,50 250,000.00 4.020 AAA 4.020 200,000.00 200,345.80 200,000,00 2.000 AAA 2.000 300,000.00 300,465,00 300,00100 3.050 AAA 3,050 100,000.00 99,924.00 100,000.00 3.100 AAA 3.100 250,000.00 250,487.50 250,000.00 3.000 AAA 3.000 240,000.00 243,211.20 240,000.00 3.060 AAA 3.000 250,000.00 251,682.50 250,000,00 3.550 AAA 3.550 250,000.00 252,650,00 250 000.30 3.250 AAA 3.250 200,000.00 200,030.00 200,300.00 3.450 AAA 3.450 250,000.00 251,172.50 250,000,00 3.000 AAA 3.000 250,000.00 252,110,00 250,000.00 2.000 AAA 2.000 300.000.00 300,477.00 295,925.00 3.005 AAA 3.010 250,000.00 249,220.00 250,000.00 3.000 AAA 3.00D 250,000.00 266,327.50 250,000.00 4.000 AAA 4.00D 500,000.00 559,865.00 500,000.00 4.000 AAA 4.000 335 05/28/2613 1,355 06/17/2013 1,537 12/16/2013 1,565 01/13/2014 1,601 02/18/2014 1,601 02/18/2014 1,601 02/18/2014 1,602 02/19/2014 1 622 03/11/2014 1,649 04/07/2014 1,649 04/07/2014 1,684 05/12/2014 998 06/25/2012 1,657 04/15/2014 1,664 04/22/2014 1,691 05/19/2014 1.712 05/09/2014 1,721 06/18/2014 1,726 06,23/2014 1,728 06/25/2014 1,728 06/25/2014 1,573 01/21/2014 1,663 04121/2014 1,684 05/12/2014 1,705 06/02/2014 1,230 02/12/2013 1,230 02f12/2013 Portfolio CNC CC PN. IPRF PM2; SyrnRept 6.41. 2025 CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2009 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3136F9CB7 11274 Fannie Mae Subtotal and Average 7,549,925.00 03/11/2008 250,000.00 266,485.00 250,000.00 4.000 AAA 4.000 1,257 03/11/2013 7,115,000.00 7,245,079.00 7,114,925.00 3.297 1,552 CalTrust 201.000017-10 11059 CalTrust Subtotal and Average 2,324,207.43 2,326,456.33 2,326,456.33 2,326,456.33 2,326,456.33 0.560 2,326,456.33 2,326,456.33 0.560 1 0.560 1 CDARS 5YS11327 SYS11347 11327 Neighborhood National Bank 11347 Neighborhood National Bank Subtotal and Average 2,933,333.33 03/12/2009 09/03/2009 2,000,000,00 2,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 3,060,000.00 2.000.000.00 2,750 2.750 1.000.000.00 1.500 1.500 525 03/10/2011 336 09/02/2010 3,000,000.00 2.333 462 Total and Average 47,366,407.90 Run Date'. 10/14,2009. 16.,9 45,878,965,13 46,069,858.82 45,878,890.13 1.542 298 Portfolio CNC CC PM jPRF PM2) SymRept 6.4'.202b City of National City, California COUNCIL AGENDA STATEMENT 14 ..IEETING DATE November 3, 2009 AGENDA ITEM NO. ITEM TITLE Public Hearing for a Proposed Planned Development, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex Located at the Southeast Corner of East Plaza Blvd. and Palm Avenue. (Applicant: Palm Plaza Associates LLC) (Case File 2008-46 S, PD, IS) PREPARED BY Martin Reeder, 336-4313 DEPARTMENT Development Services/Planning EXPLANATION The project site consists of two parcels totaling 96,268 square feet, with frontages on both Palm Avenue and Plaza Boulevard. The properties are unimproved and zoned General Commercial — Planned Development (CG-PD). The easterly of the two properties is currently owned by the Community Development Commission and the developer is presently in negotiations with the City to purchase the property. The applicant is proposing to construct three condominium buildings, comprising 72 units, with 29,066 square feet of common open space and 145 parking spaces. Access to the site will be from Plaza Boulevard via a 20- foot driveway to the east of Thrifty gas station. Planning Commission held a public hearing on October 5, 2009 and voted to recommend approval of the Planned Development Permit and Tentative Subdivision Map. The attached Background Report describes the project in detail. Environmental Review x NIA Negative Declaration (2008-46 IS) Approved By: Finance Director Financial Statement N/A e am g Commission. BOARD / COM)r(SSIOXI RECOMMENDATION-- Planning Commission recommended approval of the Planned Development Permit & Tentative Subdivision Map. Ayes: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. Abstain: DeLaPaz. Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 23-2009 including Findings and Conditions of Approval 2. Location Map 3. Departmental and Agency Comments Resolution No. 4. Negative Declaration and Initial Study 5. Public Hearing Notice (Sent to 35 property owners) 6. Applicants Plans A-200 (9/99) BACKGROUND REPORT The applicant is proposing to construct the following: • Three 24-unit buildings (72 units total); o Three stories of residential over garage parking (17 to 25 spaces each); o Units range from 1,000 to 1,142 square -feet; o Two or three bedrooms and two bathrooms per unit; o Covered balcony patios of between 60 and 100 square feet. • 29,066 square feet of common open space; o Tot lot; o Community Courtyard. O 3,241 square -foot clubhouse on the first floor of Building No. 1. • 145 parking spaces O 71 open parking spaces; O 74 garage parking spaces located at the ground level of each building. The General Commercial (CG) zone allows for one 34.8 units per acre with and an approved Conditional Use or Planned Development Permit; the proposed project density is 32.6 units per acre. The project meets several Housing Element goals including encouraging the production of new and quality housing affordable to all income ranges, as well as facilitating urban infill development to promote higher rates of homeownership. The project meets all City Land Use Code requirements (height, setbacks, minimum unit area, open space, etc) except side yard setback and parking. The applicant is requesting two exceptions to Land Use Code requirements: Less than required side yard setback of 13 feet where 20 feet is required, for Building No. 2 adjacent to Thrifty gas station, and 145 parking spaces where 167 are required. Side yard setback: The required setback is twenty feet, five feet for each story. However, if a single story building was constructed, a minimum five-foot setback would be required. In addition, the existing buildings on the adjacent lot (Thrifty Gas Station) are 80 feet from the property line. The applicant is requesting the 7-foot reduction in order to allow for an adequate courtyard between Buildings 2 and 3 (tot lot). Parking: The required number of parking spaces is 156 spaces, two garage spaces per unit, plus guest parking as required per code for multi -family residential, as noted below. Garage spaces Open spaces Guest Spaces Total Required 144 N/A 12* 156 Proposed 73 58 14 145 "23 guest spaces are required, although half can be located on adjacent City streets Although more than the required guest spaces are provided (14), the development would have approximately half of the required garage parking spaces and would be short 11 spaces overall. The applicant is citing public transit availability as justification for the exception for parking. There are two bus stops within a quarter mile of the project site as well as a proposed Bus Rapid Transit route on Interstate 805 that is anticipated within 5 to 10 years (SANDAG), which would stop at Plaza Blvd. It should be noted that an apartment complex of 72 units would only require 120 parking spaces. The reduction would be less than 7% of the required amount of parking. Traffic: Plaza Boulevard is proposed to be widened in the near teen (Plaza Boulevard Widening Project) to six lanes, including a median. The Traffic Impact Report that was submitted 1 with the project requires that design features be incorporated into the project to prohibit outbound left turns at the project driveway, as well as prohibit inbound left turns after Plaza Boulevard is widened. These features include a stop sign at the exit and will also necessitate signage prohibiting outbound left turns. Based on comments from the City's Transportation Engineer, the project would not generate a potentially significant impact at the project driveway during the p.m. peak period under both existing project and near -term project conditions with these design features in place. A Condition of Approval is included to address the no left turn requirement. Environmental: In compliance with the Califomia Environmental Quality Act (CEQA), an Initial Study was prepared to analyze potential environmental impacts. Based on the review of the project and determination of no potential significant impacts, a Negative Declaration was prepared for the project (see Attachment 4). Planning Commission held a public hearing on October 5, 2009 at which time Commissioners asked questions regarding Conditions of Approval, timing of construction, City negotiations regarding sale of property, and future street widening plans. Three people spoke with questions and concerns on the proposed development. A representative from Thrifty Oil Company, a neighboring property owner, had questions regarding the sale of the property and about off -site guest parking. An area resident also spoke, suggesting alternate design scenarios including the Thrifty Oil -owned property and commented on the amount and safety of available street parking on Palm Avenue. The applicant spoke to these comments citing their ongoing communication with both the City and Thrifty Oil regarding development of the property, and stated that the project exceed minimum requirements for guest parking. Another neighboring property owner had concerns regarding the floodplain in the area and also regarding future street widening, although these comments were not specific to the project under consideration. The Planning Commission voted to approve the Planned Development Permit and Tentative Subdivision Map, including a finding of no significant environmental effect, based upon the Findings for Approval and subject to Conditions of Approval. 2 RESOLUTION NO. 23-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP. PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BLVD. AND PALM AVENUE APPLICANT: GARY WATTS. CASE FILE NO. 2008-46 S, PD, IS WHEREAS, application was made for approval of a Tentative Subdivision Map, Planned Development Permit and Proposed Finding of No Significant Enviromnental Effect for a 72-unit condominium complex located near the southeast corner of East Plaza Blvd. and Palm Avenue on property known as APN 557-410-20-00 and generally described as: Parcel 3 of Parcel Map No. 13257, in the City of National City, In the County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, May 8, 1984 as File No. 84-170925 of Official Records. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on October 5, 2009, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2008-46 S, PD, IS, 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 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 October 5, 2009, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION That the Negative Declaration (2008-46 IS) has been read and considered together with any comments received during the public review process; and, That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. 3 RECOMMENDED FINDINGS FOR APPROVAL. OF THE TENTATIVE SUBDIVISION MAP 1. The proposed subdivision will not have a significant effect on the environment, since the site is located within a fully urbanized area and design elements incorporated into the project will minimize any potential impacts. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the proposed multi -family residential development, at a density of 32.6 units per acre, is less than the 34.8 units per acre allowed in the General Conmiercial (CG) Zone, and the proposed infill development increases the available housing units in the City. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, there are no unusual geologic hazards on -site, and a recent amendment to the applicable Flood Insurance Rate Map (FIRM) for the area has determined that the project site is not within a floodway zone. 4. The site is physically suitable for the proposed density of development, since the four-story development will have more than the required open space, adequate site access and amenities, and the design is consistent with the City's Design Guidelines. 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 would not result in impacts to public services, since all necessary public services are available and 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 no such easements are located on the site. 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, since the design and implementation will be consistent with Best Management Practices and City standards. 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. I0_ 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 4 climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1 That the site for the proposed use is adequate in size and shape, since the 2.2-acre site can accomunodate the development of three 24-unit, four-story condominium buildings with adequate access, parking, common areas, and private open space for each unit. 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 Plaza Boulevard (an arterial street) has sufficient capacity to adequately handle the approximately 432 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service, and since traffic controls limiting left turns onto Plaza Boulevard will improve circulation at the Plaza Boulevard and Palm Avenue intersection. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by corridor commercial uses (gas station, hotel, check cashing, and restaurant) and other multi -family residential uses to the south; therefore, the project would not divide an established community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new housing stock, ownership and rental opportunities, and promote the development and use of a currently underutilized property. RECOMMENDED FINDINGS FOR APPROVAL OF THE EXCEPTION FOR A LESS THAN REQUIRED SIDE YARD SETBACK 1. The exception will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the affected setback is adjacent to a gas station whose operations area is more than 80 feet away from the subject property line. 2. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, and the reduced setback is consistent with single -story construction standards. RECOMMENDED FINDINGS FOR APPROVAL OF THE. EXCEPTION FOR A LESS THAN REQUIRED PARKING 1. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since an apartment complex of the same number of units would need less parking, and since the reduction is minor (less than 7% of the required amount of parking). 2. Granting of the exceptions is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since 5 the General Plan encourages the creation of home ownership opportunities, which the requested exception facilitates, and since the reduction is minor (less than 7° of the required amount of parking). BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Planned Development Permit for 72 condominium complex on a 1.07-acre site located near the southeast corner of East Plaza Blvd. and Palm Avenue subject to the following conditions: General 1. This Conditional Use Permit authorizes a 72-unit condominium development located on the property located southeast of the Thrifty gas station located at 1606 E Plaza Blvd., as shown on the attached plans (Exhibit A -Revised, B-Revised and C, case Tile no. 2008-46 S, PD, IS, dated 9/4/2009). 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Planned Development Permit and Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fonn within 30 days of its receipt shall automatically terminate the Planned Development Permit and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Development Services 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 Planned Development Permit and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. All plans shall comply with the 2007 editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7 Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 6 Engineering 8. 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 Division requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storrs Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urhan Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. 10. A Standard Urhan Stormwater Management Plan (SUSMP) prepared by a Registered Civil Engineer with appropriate fee shall be submitted for review and approval by the City Engineer prior to issuance of a grading permit. 11. 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. 12. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 13. 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Division. 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall he given to the City of National City Engineering Division prior to any work beginning on the project. 7 15. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for Engineering Division 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 11 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 Division requirements. 18. An existing 20 foot wide drainage easement reserved to the City of National City exists on the property and nobuilding encroachment will be allowed within the easement. The easement shall be shown on the plans. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (on Palm Avenue and Plaza Boulevard). 20. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22. The title report shall he submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 23. All new dwellings are subject to a $2,000 Traffic Impact Fee per unit This includes new homes, condos and apartments. Separate traffic signal plans will be required. 24. 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. 25. 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. 26. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval_ 8 27. 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. 28. SUSMP documentation must be submitted and approved. 29. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 30. The final map shall be recorded prior to issuance of any building permit. 31. All new property line survey monuments shall be set on private property, unless otherwise approved. 32. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated hearings in terms of the systems. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured lies from the boundary .of the property to existing horizontal control stations shall be shown. 33. Driveway access to Plaza Blvd. shall be limited to right turns only. City staff will monitor citations and accident history at the project driveway. Should collisions increase as a result of illegal left turns at the project driveway, the property owner and/or homeowners association shall be responsible for installing a physical barrier to prohibit left turns onto Plaza Blvd. Fire 34. The project shall be in compliance with NFPA 2007, CFC 2007 edition, title 19 and local City of National City Municipal Codes. 35. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 36. Upon submittal for building permit, data sheets for Back -Flows, Private and Commercial Hydrants, and Post Indicator Valves shall be provided. 37. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 13 feet 6 inches high and shall have an all weather road with the ability to support 75 thousand pounds or greater. Please contact the "Fire Administration Office" for additional requirements for fire turn -around etc. 38. Fire hydrants shall be located throughout the project with a separation distance of no greater than 300 feet. Fire hydrants shall be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project). 9 39. Fire hydrant information shall be provided at building permit review including size and location; size and number of outlets; and whether outlets are to be equipped with independent gate valves. 40. All fire hydrants shall be of three outlet design (Commercial Hydrant). 4L Provide calculations confirming flow availability to meet tire flow demands and supply a large diameter hose (4-inch). 42_ Fire hydrants shall be marked by use of blue reflective marker in the roadway. 43. Exit Signs shall be illuminated with green lettering per National City Ordinance. 44. FDC caps shall be Knox FDC Plugs. 45. Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress in compliance with Municipal Code Chapter 10.47. 46. Fire Sprinkler, Fire Alarm and Fire Protection systems plans shall be submitted under a separate permit directly to the Fire Department for review and permitting. Fees along with three sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. 47. During construction, the project shall comply with Chapter 14 of the CFC 2007 edition "Fire Safety during Construction Alteration or Demolition of a Building". 48. Every building four stories or higher shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of Fire Department access. Such standpipes shall be provided with Fire Department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 V2-inch valve outlet for Fire Department use. 49. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet duc to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. Planning 50. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the 10 development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 51. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities and open spaces prior to approval of the final map. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 52. The CC&Rs shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such 53. The CC&Rs shall include language to restrict the accumulation of junk pursuant to Chapter 7.12 of the Municipal Code and storage of litter, debris and rubbish pursuant to Chapter 7.14 of the Municipal Code on exterior walkways, decks, and patios. 54. Prior to recordation of the Final Map, the applicant shall submit a Grant Deed, Title Report and/or agreement authorizing control of all property associated with this application. 55. At the time of Building Permit, a handicap -accessible and pedestrian walkway plan shall be submitted indicating accessible and efficient access throughout the property and to adjacent street s and sidewalks. 56. At the time of Building Permit, an exterior lighting plan shall be provided in conformance with National City Land Use Code §18.60.010. The plans shall also show walkway lighting as well as building and parking lot lighting. 57. All requirements for this project as stated in the letter from Sweetwater Authority, dated October 29, 2008 shall be provided and/or incorporated into building plans. 58. The trash enclosures shall have a stucco exterior that is painted to match the proposed buildings and shall also have a roof to the satisfaction of the Development Services Director. 59. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape concept plan. The plans shall reflect the plant species, number, and plant sizes, the location and detail of playground equipment, directional sign at entrance, all fencing and gates, parking lot and walkway lighting, and enhanced paving. The plans shall be submitted with the building permits for review and approval by the Planning Division. Police 60. If the parking garages and/or pedestrian access to the property are to he gated, a Knox Box shall be installed at each entrance to said garages and entrance in compliance with Municipal Code Chapter 10.47. 11 BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2008-46 IS) 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 City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. 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 October 5, 2009, by the following vote: AYES: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: 12 }ZS-2 i ♦ CL ♦ ♦ \ \ OP •••• i ♦ ♦ / O. L` 7-� C, v. s l r' � m ♦_ \6 �� -,`ARM-1-PD • Pt,• as -� \:, CG-PD ▪ H Subject Parcel - Zone Boundary o ▪ - - - - rn Y�. - CP ♦ i • 0 337.5 675 (Fee 1,350 APN: 557-410-20 & 26 Planning Commission October 5, 2009 Location Map 2008-46 S, PD, IS 09..14..09 October 16, 2008 SUBJECT: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT Case File No: 2008-46 S, PD, IS; Tentative Subdivision Map and Planned Development Permit for a 76-unit condominium project at the southeast corner of Plaza Blvd. and Palm Avenue. A Tentative Subdivision Map, Planned Development Permit and Initial Study has been submitted for Planning Commission consideration. The applicant proposes to construct three condominium buildings containing 76 units on an approximately 2.2-acre site that borders the south side of an existing Thrifty gas station located at the southeast corner of Plaza Blvd. and Palm Avenue. Each of the three buildings would be constructed above a ground floor parking garage containing 65 parking spaces. An additional 72 parking spaces would be provided on a surface parking lot to provide a total of 137 spaces. Please submit your comments or recommendations on the proposed project by October 30, 2008. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 619-336-4313 or by e-mail at mreeder@nationalcityca.gov. Thank you. MARTIN REEDER Assistant Planner r�"h-�1cY'r r No comments cc: Building Division Engineering Division City Transportation Engineer Fire Department Police Department Redevelopment Division Fair [-lousing Council TL 1°03.-14 AT&T Cox Cable San Diego Gas & Electric Sweetwater Authority National School District Sweetwater Union IIigh School District 14 CALIFORNIA- NATIONAL Cary INCORPORATED ENGINEERING REQUIREMENTS FOR 76 CONDOS AT PLAZA BOULEVARD AND PALM AVENUE Date: October 29, 2008 To: Martin Reeder, Planning Department From: Adam J. L nda, Assistant Civil Engineer Via: lMaryam Ba aki, City Engineer Subject: 76 CONDOS AT PLAZA BOULEVARD AND PALM AVENUE 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. 2. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) 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 Depaitnients. 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) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 3. 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. Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4135)7 www.nationalcityca.gov is All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 5. 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 he 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 6. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbarse. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Department prior to any work beginning on the project. 7. A Notice of intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement stnuctural 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 rnodified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16 10. An existing 20' foot wide drainage easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 11. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (on Palm Avenue and Plaza Boulevard). 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading constniction on private property. 13. Street improvements shall be in accordance with the City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 14. The title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 15. All NEW dwellings are subject to a $2,000 Traffic Impact Fee per unit. This includes new homes, condos and apartments. Separate traffic signal plans will he required. 16. 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 nd inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENTS 1. 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 developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 3. 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. 17 4. SUSMP documentation must be submitted and approved. 5. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 6. The final map shall be recorded prior to issuance of any building permit. 7. All new property line survey monuments shall be set on private property, unless otherwise approved. AL:jha 76c The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the systems. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured tics from the boundary of the property to existing horizontal control stations shall be shown. 18 Page 1 of 1 Martin Reeder From: Stephen Manganiello Sent: Monday, November 17, 2008 4:07 PM To: Martin Reeder Subject: RE: TE Comments on Palm Plaza Apartment Homes Martin, A "focused" traffic study is needed to determine AM and PM peak hour operations at the project driveway on Plaza Blvd- and at the intersection of Plaza Blvd. / Palm Ave. / Thanks. -Steve Stephen Manganiello Traffic Engineer City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 phone: 619-336-4380 fax•' 619-336-4397 direct: 619-336-4382 email: smanganielloGnationalcityca.gov website: wwwnationalcityca.gov MECOVED NOV 172008 National City Planning Division National City, CA 91950 11 / 17/2008 19 �a• City of National City Fire Department Phone (619) 336-4550 Department Plan Corrections Date: November 10, 2008 Project: Palm Plaza Apartments Reviews: R. Hernandez Case File #: 2008-46 S No. of reviews: D ©EDVIE:3 NOV 112008 National City Planning Division National City, CA 91950 Listed plan corrections heron related to the Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections Are completed and approved. 1) Plans are to be built to code. 2) Project to be in compliance with NFPA 2007, CFC 2007 edition, title 19 and local City of National City Municipal Codes. 3) Upon submittal for permit, the following shall be included: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants and post indicator valves can be acquired front Sweetwater Authority_ 20 4) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 13 feet 6 inches high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Please contact the "Fire Administration Office" .for additional requirements for fire turn -around etc. 5) Fire hydrants to be located throughout the project as not to have a separation distance greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project). 6) The following items that pertain to hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant to be of three outlet design (Commercial Hydrant). 7) Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch). 8) Fire hydrants to be marked by use of blue reflective marker in the roadway. 9) Exit Signs shall be illuminated with green lettering per National City Ordinance. 10) FDC caps to be Knox FDC Plugs 11) Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress. 12) Fire Sprinkler, Fire Alarm and Fire Protection systems plans are to be submitted under separate permit directly to the Fire Department for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. 13) During construction, project shall strictly following Chapter 14 of the CFC 2007 edition "Fire Safety During Construction Alteration Or Demolition Of A Building". 14) Every building 4 stories or more shall he provided with not less than one standpipe for use during construction. Such standpipes shall be installed 21 when the progress of construction is not more than 35 feet in height above the lowest level of fire department access. Such standpipes shall he provided with fire department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 %2 -inch valve outlet for fire department use. Note: Additional corrections may he required based on information provided due to the above comments. 22 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: 10-29-08 TO: Martin Reeder, Assistant Planner FROM: Derek Aydelotte, Corporal SUBJECT: Condominium project at Plaza Boulevard and Palm Avenue The National City Police Department has implemented a police Knox box program that allows our officers the ability to access different residential complexes throughout the city. The system is similar to that of our fire department's Knox box system. The police department is requesting that a police Knox box system be placed at the entrance of the complex to allow expedited access in case of an emergency. In addition to the front access gates, I would also recommend that additional police Knox box systems be added to the ground level garages if the building plans call for secured parking. Please contact Fire Inspector at (619) 336-4558 for more information regarding the police Knox box program. 23 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwatenorg October 29, 2008 Mr. Martin Reeder, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD R. MITCHEL BEAUCHAMP, CHAIR JAMES C. ALKIRE, VICE CHAIR JAMES "JIM" DOUD RON MORRISON W.D. "BUD" POCKLINGTON TERRY THOMAS MARGARET COOK WFI SH MARK N. ROGERS GENERAL MANAGER JAMES L. SMYTH OPERATIONS MANAGER Subject: WATER AVAILABILITY PALM PLAZA APARTMENT HOMES, SOUTHEAST CORNER OF PALM AVENUE AND PLAZA BOULEVARD, NATIONAL CITY A.P.N. 557-410-20-00 AND 557-410-26-00 CASE NO. 2008-46 S, PD, IS SWA DEV. FILE: PALM PLAZA APTS Dear Mr. Reeder: This letter is in response to the Application for a Planned Development and Tentative Subdivision Map received by Sweetwater Authority (Authority) regarding the proposed 76-unit condominium project within the Authority's service area. There is a 12-inch water main in an easement on the east side of Palm Avenue, and an 8-inch water main on the north side of Plaza Boulevard in National City. Authority records indicate that there are two existing 2-inch domestic water services with 1-1/2-inch meters, and a 6-inch fire service that currently serve Parcel 20. Parcel 26 has no existing water facilities. The Authority recommends that any new water facilities be installed off of the 12-inch main in Palm Avenue due to the traffic volume, trench length, and a dead-end water main in Plaza Boulevard. All water facilities for this project must be located in the public right-of-way. Enclosed is a copy of a portion of % SEC. 129 that shows the existing facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide domestic or fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the National City Fire Department stating fire flow requirements. Other items that need to be submitted are: estimated water demand in gallons per day for domestic and irrigation use; a site plan; street improvement plan (clearly showing existing and proposed utilities); irrigation plan; plumbing plan (showing total fixture -unit count); and fire sprinkler plans and calculations A Public WaiierAgency Serving National City, Chula Vista and Surrounding Areas Mr. Martin Reeder Re: Water Availability - Palm Plaza Apartment Homes October 29, 2008 Page 2 of 2 so that service sizes can be verified and estimates prepared. Based on the required fire flow and the design for the project, the Authority will determine if there is a need for new or upgraded public water facilities. Please note that any water services that serve the proposed project will require the installation of backflow prevention assemblies that meet Authority standards. The fire protection system required for this project will require the installation of an approved backflow assembly on that system. Water facilities cannot be located within three feet of the edge of driveway aprons. A 10-foot horizontal separation between sewer and water laterals is required. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at approximately 61 psi. If you have any questions, please contact Mr. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LE:vls enclosure: photocopy of 1/4 SEC. 129 map cc: Robert Hernandez, Fire Marshal National City Fire Department 140 East 12th Street, Suite A National City, CA 91950 Mr. Stuart Peace Stuart Engineering 7525 Metropolitan Drive, Suite 308 San Diego, CA 92108 Mr. Juan Pablo Monses Palm Plaza Associates, LLC 915 Camino Del Mar, Suite 200 San Diego, CA 92014 Mr. Rick DeLeon, Sweetwater Authority I:\engr\Dev\Palm Plaza Apts\Cor\Ltr - wtravl_mreeder_palmplaza_76condos - 10-28-08.doc 25 100 50 0 Existing Water Facilities 100 Feet - — . H IN?AO Palm Plaza Apartment Homes National City 1/4 SEC. 129 • Fire Hydrants - Water Mains Water Services Easement map was ceveb9e0 M SveeWMtt/9Pmy nlem4 ius0Mcn mil. It not des:yrvd lu ms.e. lerfniae Je1a1. 42 should not to used for any ever putsroses wahaul pie emvesa Isdhn mmnsbn 21 Sweet 6*.l AutMr4y-httol/maanersweneln erg 55 Gan. Avenue C1tuM Nab, C4 9191,2320 I6191400-14l3 FAX (6191 425 ) W9 Location of wabr lad bes ae nn V of mab uMy based cat nmontl irrbnna0an for a nova accurate McMinn, waist Ia4Mes must 00 field bca1 4 ...USA 441500-402JI]a bn clays poor b<acavaam The pals. or road dale slldwn on rls Map 0 mannwa19 mrpms00ors Tic use a Yna Owner. es pursuant. a4fttme agr„enen1 only any re..urretrrnsmga IM1 miornulbn sInompn9. ascent in n[mNarce xM such ^.LWmnurp.pmcments SanOIS - Imp trwww sass. org 1010 Sew J Avenue, Suite IJO4 San 01e0a. Cs 921014.3 by lawn edwards It nyr_poolVaanelarcvtewmapsiwtavl2008yalmygia S 26 t E1 VII . ?I tME I" T I. A irr Y' INITIAL STUDY CHECKLIST 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: TV 0l` NATIONAL CITY £'lannixtg Department 24.$ Natipp:4 C'aty Joxa lev i J if ioti it tty, Ct 19 Tentative Subdivision Map and Planned Development Permit for a 72-unit condominium complex at the southeast corner of Palm Avenue and Plaza Boulevard — 2008-46 IS City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Martin Reeder, Assistant Planner (619) 336-4310 2.2-acre site at the southeast corner of Palm Avenue and Plaza Boulevard, within the City of National City (APNs 557-410-20 and 557-410-26) Gary Watts 2505 Congress Street, San Diego, CA 92110 Gary Watts (619) 298-1828 x143 General Commercial -Planned Development zone (CG-PD) 6. ASSOCIATED APPLICATIONS: 2008-46 S, PD 7. PROJECT DESCRIPTION: The project site, consisting of two existing parcels, is a 96,268 square - foot L-shaped property that has frontages on both Palm Avenue and Plaza Boulevard. The property slopes downward approximately 30 feet from the west side and southwest corner for the first 40 to 80 linear feet of the property before leveling out. The property then slopes gently downward to the northeast from approximately 60 feet to 56 feet. The properties are unimproved and contain minimal non-native vegetation. The applicant is proposing to construct three condominium buildings, comprising 72 units, 29,066 square feet of common open space and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces (65 total). The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet. The primary construction materials include a stucco finish and concrete roof tiles. Access to the site will be from Plaza Boulevard via a 20-foot driveway. 27 Initial Study - Page 2 of 17 As part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) in order to revise the extent of the 100-year floodplain (Zone AE) and remove the Floodway (FW) designation across the property (the Floodway designation has since been removed from the subject property). 8. OTHER AGENCIES WHO'S APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): Federal Emergency Management Agency (Letter of Map Revision) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Population & Housing ❑ Geological Problems 0 Water El Air Quality DETERMINATION: (To be completed by the Lead Agency) O Transportation/Circulation ❑ Biological Resources O Energy & Mineral Resources ❑ Hazards ❑ Noise ❑ Mandatory Findings of Significance On the basis of this Initial Evaluation: ❑ Public Services ❑ Utilities & Service Systems El Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the projcca. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. „ehev4,6)-p Signature Date El Printed Name: MARTIN REEDER Title: ASSISTANT PLANNER 28 Initial Study - Page 3 of 17 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 29 Initial Study - Page 4 of 17 ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited ❑ ❑ ❑ El to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the ❑ ❑ ❑ El site and its surroundings? d) Create a new source of substantial light or glare which would ❑ ❑ 0 adversely affect day or nighttime Views in the area? Discussion: The site is located within an urbanized commercial corridor and is surrounded by corridor commercial uses (gas station, hotel, check cashing, restaurant) and residential uses to the south and west. The site has an approximate elevation of 54 feet above sea level. Properties located to the west are between 35 and 40 feet higher and properties to the south are 24 to 36 feet higher than the subject property. The proposed buildings will be 52 feet high, 12 to 28 feet taller than the elevations of surrounding properties, not counting the height of existing buildings in these areas. There are no scenic vistas in the area, given it's urbanized character and topography, therefore there is no impact. The proposed project site is currently vacant and contain minimal non-native vegetation, thus not containing any scenic resources. The proposed development includes three new mulit-family buildings with 72 units with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. Development of the site would improve aesthetics of the area by providing ornamental and drought -tolerant landscaping and construction of 72 residences, where there is currently little vegetation and a vacant property. Therefore, the proposed project would not have a significant adverse effect on scenic resources, since implementation of the project would provide a cohesively -designed, well -landscaped multi -family complex. The proposed development would consist of residential units that would include design features to direct lighting to the project site and avoid spillover to adjacent areas. (Sources: 1, 2, 3, 4, 18) II. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Convert Prime Farmland, Unique Farmland, or Farmland of ❑ ❑ ❑ El Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑ ❑ El Act contract? 30 Initial Study - Page 5 of 17 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ tmpact pp S Mitigation Incorporatio n c) Involve other changes in the existing environment which, due to ❑ ❑ ❑Dig their location or nature, could result in conversion of Farmland, to non-agricultural use? Discussion: National City is a built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. The site was previously developed as a commercial use and is currently vacant. It is currently zoned for commercial use, and no Williamson Act contract is associated with the land; therefore, the development would have no impact on agricultural zoned areas. (Sources: I, 4) III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ❑ El quality plan? b) Violate any air quality standard or contribute substantially to an ❑ ❑ ❑ El existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria ❑ ❑ ❑ El pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ❑ El e) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ El people? Discussion: The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. The proposed project includes the development of a 72-unit multi -family development on a currently vacant property, and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County. According to vehicular traffic generation data published by the San Diego Association of Governments (SANDAG) the project would result in an approximate increase of 432 daily vehicle trips. Emissions resulting from developing the site would be directly related to the amount of vehicular traffic generated by the facility. Consequently, while the proposed project would have an incremental impact to area -wide air -quality based on increased traffic levels, however, the individual impacts attributed to this project will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site has some slopes, the proposal is anticipated to require moderate grading on -site. However, any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would be required to implement dust control measures. While dust from grading and other site preparation would generate particulate matter emission, due to the limited period in which grading will be conducted, and with appropriate use of Best Management Practices (BMP) for dust control, site clearance and grading, the project would result in an extremely small contribution to the San Diego Air Basin (SDAB) and therefore would not result in a significant impact. (Sources: 4, 7, 12) Potentially Less Than Less nazi No Significant Significant w/ Significant Impact Mitigation 31 Initial Study - Page 6 of 17 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ Impact Mitigation Incorporatio n IV. BIOLOGICAL RESOURCES - Would the project: impact Incorporation impact a) Have a substantial adverse effect, either directly or through habitat ❑ ❑ ❑ El modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other ❑ ❑ ❑ El sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as ❑ ❑ ❑ El defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or 0 ❑ ❑ El migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological 0 ❑ ❑ El resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation ❑ ❑ ❑ Igi Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The project site was previously developed and the prior structres removed . Currently, the vacant site contains minimal non-native vegetation. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species are located on the property; and data provided by the U.S. Fish & Wildlife Service indicate the proposed project site contains no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined strcambeds. The project site is located completely within an urbanized area, surrounded by development and contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans within the City of National City.; therefore, the proposed development would have no impact on biological resources. (Sources: 1, 2, 4, 5) Potentially Less Than Less Than No V. CULTURAL RESOURCES Significant Significant w/ Significant Impact Impact Mitigation Impact Would the project: Incorporation a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ El historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑ Ei archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or ❑ 0 ❑ site or unique geologic feature? d) Disturb any human remains, including those interred outside of 0 0 0 El formal cemeteries? 32 Initial Study - Page 7 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation lncorporatio n Discussion: No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site. Additionally, the developed nature of the area as a commercial area, suggests that no impacts to archaeological resources are anticipated. No cultural resource constraints are known to exist on the currently vacant project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. Therefore, the proposed project would not result in a significant impact to cultural resources. (Sources: 1, 4) VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most 0 ❑ ❑ El recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ 0 0 iii) Seismic -related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ 0 El b) Result in substantial soil erosion or the loss of topsoil? ❑ 0 0 El c) Be located on a geologic unit or soil that is unstable, or that would ❑ ❑ ❑ El become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the ❑ ❑ ❑ Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic 0 0 0 El tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the Rose Canyon Fault, located approximately three miles to the northwest. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. The site is not within an area susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or increased exposure to landslides due to the proposed project. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Due to the number and nature of the active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than 33 Initial Study - Page 8 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n significant impact. Proposed plans include substantial non -permeable development (three apartment buildings with 72 units and all additional open areas are proposed to be landscaped. Additionally, all design and construction will require conformance with City's stormwater ordinance. Therefore, there is no impact or increased substantial erosion due to the proposed project. The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. (Sources: 2, 4, 13) VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment ❑ ❑ ❑ through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment ❑ ❑ ❑ through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ ❑ Ei hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous 0 0 ® ❑ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where 0 0 0 such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity of a private airstrip, would the 0 ❑ ❑ Ei project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or ❑ ❑ ❑ death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑ ❑ ❑ Discussion: The proposed project site is not within an area identified as a hazardous materials site. There has been no prior use of the property that involved hazardous materials, nor is the proposed multi -family residential use of the site associated with any anticipated hazardous materials. Also, the site is not within two miles of a public or private airport or associated airport plan. Although the site is not on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, the Thrifty Gas Station, located northwest of the site, has had a documented leaking underground storage tank (LUST) case. 34 Initial Study - Page 9 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Furthermore, in the Regulatory Document Review presented by SCS Engineers as part of the application, there is a high likelihood that constituents of concern (CoC)-bearing groundwater may have migrated beneath the project site. As part of the project submittal, the applicant provided documentation of a Soil Vapor Study that was conducted in 2006 in order to follow up on the LUST case. Based on information contained in the Regulatory Document Review, volatile organic compounds (VOCs) were not reported and that there is a low likelihood that significant human health risks exist at the project site as a result of vapor phase migration of VOCs. The review determined the low health risk likelihood based on the project being constructed at grade and that there would be no soil export. Therefore, there would be a less than significant impact with regard to hazardous materials. The project is not adjacent to any wildlands or land subject to wildland fires; therefore there would not be any significant risk of loss, injury or death involving wildfires. Therefore would not be an impact. (Sources: 1, 2, 4, 10, 13, 14) VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Violate any water quality standards or waste discharge ❑ ❑ ❑ requirements? b) Substantially deplete groundwater supplies or interfere ❑ ❑ ❑ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, ❑ ❑ ❑ including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site.? d) Substantially alter the existing drainage pattern of the site or area, ❑ ❑ ❑ including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ to ❑ ❑ ❑ ra ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ 35 Initial Study - Page 10 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Discussion: The proposed project is subject to state and local stormwater requirements including appropriate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. Also, the site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not significantly impact water quality. The existing drainage has previously been accommodated through a concrete channel located below Plaza Blvd. The requirements of the permit would control drainage on -site and not create an adverse effect to the natural drainage pattern of the site. The project will also be subject to state and local stormwater requirements, including appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation; therefore, there would be no significant impact. The site was previously located within the boundaries of both the 100-year and 500-year flood zones as designated on the current Flood Insurance Rate Map (FIRM), as well as within a designated Floodway zone in the City. However, as part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) that revised the extent of the 100-year flooplain (Zone AE) and removed the Floodway (FW) designation across the property. Conditions of Approval for the associated Development Permit would require compliance with all City codes and regulations, including requiring that the first habitable floor be constructed above the Base Flood Elevation as designated on the FIRM under Zone AE in this area; therefore, there would be a less than significant impact. The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or structures to any significant risks. The area is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact. With the floodplain zone revision and development approval, there would be no conflict with any applicable plan, policy or regulation. Without the floodplain zone revision, no construction would be permitted; therefore there would be a less than significant impact. (Sources: 1, 2, 4, 15) IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of ❑ ❑ ❑ ED an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑ Ei community conservation plan? Discussion: The site is surrounded by corridor commercial uses (gas station, hotel, check cashing, restaurant) and residential uses to the south and southwest; therefore no established community would be divided. The area immediately to the south also includes similar multi -family development. The current zoning for the property is General Commercial (CG), which allows for one unit per 1,250 square feet with and an approved Conditional Use or Planned Development Permit (34.8 units per acre). The proposed project would be for a 72-unit multi -family development on a 96,268 square -foot lot (32.6 units per acre). Therefore, the proposed project would not conflict with the General Plan density or housing style requirements; therefore, there will be no impact. The City's Land Use Code allows for minor variances or exceptions from the land use standards such as setbacks. The project is requesting two such exceptions -. a less than required side yard setback of 13 feet where 20 feet is required and 145 parking spaces where 167 are required. Less than regrind side yard setback 36 Initial Study - Page 11 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n The yard in question faces an existing gas station, therefore there would be no impact to the adjacent use as a result of the reduction. The required side yard There would be no undue impact to residents of the proposed building as a result of the reduced setback. The required setback is five feet for each story (four stories = 20 feet). However, if a single story building was constructed, a minimum five-foot setback would be required, therefore, there will be no impact. Reduced parking spaces There are two bus stops within a quarter mile of the project site with as well as a proposed Bus Rapid Transit route that is anticipated within 5 to 10 years that will likely reduce dependence on personal vehicle use for commuting purposes. therefore there is no impact. There is no habitat conservation or natural community conservation plans applicable in this area, therefore there is no impact. (Sources: 1, 2, 4) X. MINERAL RESOURCES Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Result in the loss of availability of a known mineral resource that El ❑ ❑ El would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral 0 0 0 resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion: There are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact. (Sources: 1, 2, 4) XI. NOISE Would the project result in: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Exposure of persons to or generation of noise levels in excess of ❑ 0 0 Ei standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne ❑ 0 0 El vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the 0 El El El project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise ❑ ❑ 0 El levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where ❑ ❑ 0 El such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the 0 ❑ ❑ El project expose people residing or working in the project area to excessive noise levels? 37 Initial Study - Page 12 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Discussion: While the proposed project area is in an urbanized area, it does not fall within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise. In addition, the project will comply with requirements of the State Building Code and City ordinances with regard to noise for multi -family residential projects. This requirement will be incorporated into project structural plans, and therefore there is no significant impact to new residents. However, since the project is located adjacent to a major arterial, the project will incorporate noise attenuation measures as part of the construction details, including dual pane windows, ventilation systems and insulation to reduce potential noise levels. The project, by its nature as a multi -family project, would not typically generate noise levels or ground borne vibration in excess of local standards to affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, should not exceed the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance and be limited to specific hours of operation. No significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. (Sources: 1, 2, 4) XII. POPULATION & HOUSING Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Induce substantial population growth in an area, either directly ❑ 0 ❑ (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the ❑ ❑ 0 construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion: The proposed project is a residential housing development including 72 new condominium units. While the development would result in some new population growth on the proposed property, the increase is not considered substantial as, if the project is approved, the City's General Plan allows for a maximum density of 34.8 units per acre on the site. As such, no significant increase to population within the City would be expected as a result of the proposal; ,therefore, there is no impact. The project meets several goals of the National City 2005-2010 Housing Element including encouraging the production of new housing affordable to all income ranges (Policy 4.3), Implementation of the City's adopted Design Guidelines in all residential developments to ensure attractive, functional housing is built for residents of all income levels (Policy 4.5), as well as facilitating urban infill development to promote higher rates of homeownership.(Policy 4.8) The proposed project would not displace substantial numbers of people or housing, as the project site is currently vacant; therefore, there is no impact. (Sources: 1, 2, 4, 19) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for ❑ ❑ ❑El Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 38 Initial Study - Page 13 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n any of the public services: Fire protection? D ❑ ❑ Police protection? ❑ ❑ ❑ Ei Schools? ❑ ❑ El El Parks? ❑ ❑ ❑ El Other public facilities? ❑ ❑ El El Discussion: The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Station is approximately s/a mile away on East 161h Street, and the Police Station a mile away at 12'h Street and National City Boulevard. Typical response time for this neighborhood would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access throughout the project area. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Based on information from the San Diego County Office of Education, National School District has had declining enrollment numbers since 2001. Sweetwater Union High School District enrollment has been increasing in for the last several years. However, the rate of increase has dropped significantly in the last 3 years. The proposed project would result in an increase of approximately 80 school age children (K-12), resulting in a negligible additional of school children in the area; therefore there is no impact. There are two parks within one mile of the project — El Toyon Park (3/4 miles) and Las Palmas Park (1/2 mile). In addition, the project includes approximately 35,000 square feet of common open space and 9,000 square feet of private open space on -site for use by residents, both in excess of open spaces requirements (300 square feet of common open space per unit and 60 square feet of private open space per unit), therefore there is no impact to parks. (Sources: 1, 2, 4, 11, 16, 19, 20) Potentially Less Than Less Than No XIV. RECREATION Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Would the project increase the use of existing neighborhood and ❑ ❑ ❑ ig regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the ❑ ❑ ❑ El construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion: The proposed project includes the construction of a 72 apartment units, each with private patios, along with a large common open space area for the entire development. As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding arca; therefore, there is no impact. (Sources: 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact incorporation a) Cause an increase in traffic which is substantial in relation to the ❑ ❑ ® 0 existing traffic load and capacity of the street system (i.e., result in 39 Initial Study - Page 14 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? h) Exceed, either individually or cumulatively, a level of service ❑ ❑ ❑ standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an ❑ 0 ❑ El increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp ❑ ❑ ❑ El curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ El f) Result in inadequate parking capacity? ❑ ❑ ❑ El g) Conflict with adopted policies plans, or programs supporting ❑ ❑ ❑ El alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion: Plaza Boulevard will be widened in the near term (Plaza Boulevard Widening Project) to six lanes, including a median. Design features incorporated into the project will prohibit outbound left turns at the project driveway, as well as prohibit inbound left turns after Plaza Boulevard is widened; therefore there would be a Icss than significant impact. Based on comments from the City's Transportation Engineer, the project would not generate a potentially significant impact at the project driveway during the I'M peak period under both existing project and near -term project conditions with these design features in place. 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 East Plaza Boulevard, an Arterial Street, has adequate capacity to handle the 432 average daily trips that would potentially be generated by the proposed use. The Traffic Impact Report submitted with the project applications states that no increase in Level of Service (LOS) is expected as a result of the project. The existing and proposed LOS for Plaza Blvd. with the project is D (West of Palm Ave.) and F (Fast of Palm Ave.). Additionally, there is a proposed Bus Rapid Transit route that is anticipated within 5 to 10 years that will likely reduce dependence on personal vehicle use for commuting purposes; therefore there is no impact. (Sources: 1, 2, 4, 11, 12) XVI. UTILITIES & SERVICE SYSTEMS Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ❑ Regional Water Quality Control Board? 0 ❑ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage ❑ ❑ ❑ facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from ❑ ❑ ❑iZi existing entitlements and resources, or are new or expanded 40 Initial Study - Page 15 of 17 ISSUES with Supporting Documentation & Sources entitlements needed? Potentially Less Than Less Than No Significant Significant Significant impact Impact w/ Impact Mitigation Incorporatio n e) Result in a determination by the wastewater treatment provider ❑ ❑ ❑ lEl which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ El accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations ❑ ❑ ❑ Ei related to solid waste? Discussion: The proposed project would be designed and constructed using Best Management Practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board; therefore, there is no impact. The proposed project is located within an urbanized area and served by existing water facilities. There are two existing domestic water services and an existing fire service on the site; however, project conditions would include cooperation with Sweetwater Authority, the service provider, to ensure sufficient systems continue to be made available on -site. Also, all necessary improvements will be included with the project approval and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, there would not be a significant adverse impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City residents' waste disposal and recycling needs. According to EDCO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills, with an additional 12, 35 and 8 years of capacity remaining respectively; therefore, there is a less than significant impact. There arc two other landfill sites in San Diego County — the Ramona landfill, which is full, and Borrego Springs landfill, which has an additional 12 years capacity remaining. In addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 11, 17) Potentially Less Than Less Than No XVII. MANDATORY FINDINGS of SIGNIFICANCE significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Does the project have the potential to degrade the quality of the ❑ D ❑ El environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, hut 0 0 0 El cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause ❑ 0 ❑ substantial adverse effects on human beings, either directly or indirectly? Discussion: No significant impacts to the environment as a result of this project have been identified. Approval of the 41 Initial Study - Page 16 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n project is not expected to have any significant impacts, either long --term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 42 Initial Study _ Page 17 of 17 REFERENCE SOURCES: Reference # Document Title 1 National City General Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Palm Plaza Apartment Homes Project Plans (2008-46 S, PD, IS) 5 US Fish and Wildlife Wetland Mapper System 6 7 9 10 11 12 13 14 15 16 17 18 19 20 FEMA Map Service Center 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 Environmental Assessment Form for project County of San Diego Department of Environmental Health website Comments from National City Fire, Building, Public Works & Engineering Departments and Sweetwater Authority 1995 National City Transportation Study (SANDAG) California Geologic Survey Department of Toxic Substances Control California Water Plan Update 2005 San Diego County Office of Education California Integrated Waste Management Board SanGIS National City 2005-2010 Housing Element San Diego Association of Governments (SANDAG) Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 u http://wetlandsfws.er.usgs.gov/wtl nds/launch.html www.fema.gov National City Planning Dept. GG www.sdcounty.ca.gov/deh/ National City Planning Dept. http://www.consrv.ca.gov http://www.dtsc.ca.gov http://www.waterplan.water.ca.gov http://www.sdcoe.net http://www.ciwmb.ca.gov/ http://www.sangis.org/ National City Planning Dept. 1243 National City Boulevard National City, CA 91950 www.sandag.org 43 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BLVD. AND PALM AVENUE. CASE FILE NO.: 2008-46 S, PD, IS APN: 557-410-20 & 26 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 5, 2009, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. The condominium complex would consist of three buildings located behind the existing Thrifty gas station and would include 145 parking spaces. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., October 5, 2009, who can be contacted at 619-336-4310 or planninq(�nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION P PEG AN Principal Planner 44 PALM PLAZA APARTMENT HOMES NATIONAL CITY THIRD SUBMITTAL: SECOND SUBMITTAL INITIAL SUBMITTAL: - CALIFORNIA MAY 24, 2009 JANUARY 12, 2009 OCTOBER 3, 2008 MAR GROUP RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. IVY LANDSCAPE ARCHITECTS NATIONAL CITY PLANNING DEPT EXHIBIT A -Revised CASE FILE NO.: 2008-46 S, PD, IS DATE: 6/4/2009 PROJECT DIRECTORY OWNEI• MAR CROUP OYU. ENONEEI SMART ESONE NK mAa wn6o 7Nr2AMOmPR •H µown ROCCO/PI A6WAB ARCHITECTS 14t0015.IIY. YJ.O4d- [/1 b.t Mn VOi WOMAN ARCHRR IVi LW O1CA•E MOIIIECIS u exsiwI q2 , iMs vwawo w J me>w..., SHEET INDEX MOROCTWL AM R.Re. 21.1 LSO MAANALAIN• n.i. RP ..6'A Ru. aW MOM Ru u! .i fN RO>Rw HJ 6W n. Jq RLN FL AA e em i • F 6N.. 26 .aa MRS IA M.... nsJ. L,. noa M., ncaLe oRM Nn V. If. H. MOD M. t. nn•aois 11.105OVE IEHRCT IL, Mgt...., L.P./LW MAR GROUP 912 GA@ID DEL ISAIOUT18 ]10 DEL WAR. CALIFORNIA 42014 Fame 11,9,7601 Pm 11617U4I9 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA VICINITY MAP MAY 71, 2009 ERODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. A.i aw wm PPl I09...0. WSW. 1•2 TS •a•, • u, >'i•P Cam/ 1 J�P �(lE�dllpl o. E9/INXPIRLn Nn ASS:. H�litli MIEN MC 11 i l ni■in i�IZIEMIS nl1"uZ; �0Inl rxC+ � y4 'T' NI r--i - !4 AIIIIIMii Mgt l•� \\,11 r 1 iv'� IND.C.ATES fiLO6 I atr LLGHt LOGA'ICNS // rYPIGAL �Y!♦ I 1 •i . � 9 Ia1oi�Jly� 1� • � • �i\� .. �•.1'Ii-i'URNARO Qwon '�� --+—+•- pmr ry ' PEpp. CAY6 Iu0ICAT T A GKIN6 p151,A�i,E ' Id' EA ly ARCHITECTURAL SITE PLAN 72 RESIDENTIAL UNITS NORTH DEVELOPMENT SUMMARY 1 SUMMARY Of REQUEST LtiA�.•••, •L.L 1a1rv•1 DaK•..I,. • �•1q.,«� iL.:eao..e. L.1•Pec..rt .Aen , Peuee.+�.. www•� xw`•e 2 STREET ADDRESS • ave A �. uu•omi. IWbn'aY1 O•N ❑ ®L A'iY®1, =Irv!uu RIl•6v0. NO •ALNA1PR 1 LEGAL DFSCRW91ON Suup awRn700,M yOYN•M•R 1. 60 Nv.N<C t' d w, •HYR M,.,PO ACA-p L• n NT tl.x61NaN M ... OPP(FY.v4 Y[ot4 •a[/q�N ni! [•'V' w"a �• N,2 <nr P W,pW lnr LpMI` 6W �•mW�nro a •ewNre a,n wa, aumina. 4. ACOSSORS PARCEL NUMBERS W. .934?Yr.gy S SITE AREAS ]] At G PROPERTY ZONE • CC 1 1. YMD/SETBAO( 4[90TNTWL 1rt! .�wyv.c P11q1�-•�.1 TYY�t411 RauA9M.••n R R9•.r ••••••0 O R p R RESIDENTIAL BUILDING MA M1Y•Y•,MV M10I titlAi (•:}M KRa • IrWY WV ie•Y IN UYI.inw pRY • I I••.1T1Y1.o. nu. 1.001Y. • ..dp .•.n YNp T9al Nn4•d 94139• •71:a• •.R • 3 •A , 9. RESIDENTIAL UNIT MIX 1•iA ./10 Y•R 190xw Ia. • y ..1i10• M. 1M•, iM • LN4 1{R i•YV 1 • • WV .a 1•1• ILM — 1•MI 1ne1 NnET d RRI*„WI (A9t• • PO Wits 10111 10. RESIDENTAL DENSITY Nrre•w.11•+9••••«wrrrr• 10 uuL. u,..e 11 PARKING T7YY,4U iD 1i Y n I4Wr 1M 4• Y • • T•�YY•T Wpm in nr Wert. • A1• 0..I401111• 1•• •.3 ••110i • ,9 1••.• Tani Anna, h*1911.Y.d • 1T1 Gaon 0 T7•.s•W.• 00 way • Y ...••••• • lo• NO [[i 117YIY••••111. Pe — a a ...CNN • ••T IMONUN K. 1 NO %x .L•W • e Soma •.• 11N9• ••I. Y 3i ...Wm • a %am Teta CoMs4••• •IN'9 4a4.6i • MP Span e*.. V1a9R•W9•^• c9.1I•.1.n•..9r @@ ..1•ceonel* 10 0 r•wsCson0 tom ee MITT >4s •4+ T 1•.I w •.e Tao YWIIt1 P.Y1Y l.aM•d • 1R SU•••• PM* 4M9 4m • 19 SpaWLI1 12 CCMMON USABLE OPEN SPACE O AaOm1m•9Os I•w•rm>m NAxva ..nor Rrs_sNSI • 20329 Bl. 10+4 Gomm (Yy-10 44*4 • A99/ 9[ G^••.•Q+• 901. 401d R%MI• 000i • TUC 51. 11 SfTE NOTES A R•e+roquG ••ev.sp •. 1.e cva ms••Qe•r,> o.4n .201 TAXTU. v14IX.1 e,Y IVVTPry P,T•rCr9. RX L •MIT••{M6 NV CO +A9xA.• oe«ws.m ALa. cw� .wau.nnw. 14 SRE LEGEND iounon AL• rke �. ie�` �....111 .nx ixnna P+. • i •resew MAY 24,2009 MAR GROUP 91.SC0 ODffi.1NR3UTTVZ0 DELITML LV➢ORNIA 9AN ELnc 8111.79420W Pm 1.567244449 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA ., u.. D•T011 •.•..a•.n,.,s ..D .L..+• .••,3e 0 •. ,1110. >,.w1491 wL .••• •ro,w,. a, ....Cu. •••oc..,n...ar.acn •1m R•.•..••. INC.... too, wait.. •,. •..••..o • .00..W.n A11100 ,[11 *..,.:,• .., ERODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. ww AN vnpxv DIMWIT ...OP 1.1.441.1,4 AS.1 PLAN Al e o!m 9•!w• BALL 5'JF. 1TIAA71 [epN.,.I.l YYVT <•4 N. 9®RM =cam 0.-rmGE YT119 1i T1✓V av5. FIRST LEVEL UNIT • OTHER LEVELS SIMILAR 2 BEDROOM • 2 BATH UNIT A SPACE SQ. FOOTAGE TOTAL 1900 gf I ACCESSORY AREAS KS FOOTAGE come e.1ca1. 14RpISw1M renwAle TOTS 91 SY MAY 24. 2009 MAR GROUP 9IS LM@IODWJU$ Minn D�.W& CA1JPOINIA 9211T F 90D Q HNHdl1LTbNA09 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA LRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC 1�1x••a.m w1®uw1 9. wm1 Yesow,. A0.1 M IIFORN onnoo vxv A I LI- • vrnr BALC�� 9 VXYV WING . .61•I I I C.Y I SII !Q a®..::.s im PLAN 81.1 FIRST LEVEL UNIT • OTHER LEVELS SIMILAR 3 BEDROOM • 2 BATH UNIT Bi oia I. mho Op POOT. ,FA SS IOTN. 1,45 u. ACCESSORY AREAS 11,4111 G 41.60IMCPn SQ. FOOTAGE MAIVfnlxe TOTAL ea s. MAY 14. 1009 MAR GROUP 2LSGE@7O DE.MALSDL 11 X0 DEL. MAL WM7. JPOI9571 P 11510194-2620 11211-,hlMA PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA isRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. .m 44.41n10 (...i RN N..• i1.1.140.141 A0.2 BALC•� YYff o-1 to1251' axu (Pict RI e For 115, PLAN B2.1 3 BEDROOM • i BATH UNIT B1 sma 54 FOO5Ia ABA 42 sr. Soso tw ss. ACCESSORY AREAS fIM 1410OTA0: ranee stca- T01A. FIRST LEVEL UNIT • OTHER LEVELS SIMILAR MAY 24. 2009 MAR GROUP 919 GUmAO DH. NAB. 9oy18 BD D&,NAP.CL r1A 9JI4 Pm= 05.79/ 140 P.. I54.1241101 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA .. o•.. rove.• .•.4.4444..44.4 ,00 •woe • n.•• e.....o..eeoc•.,u. •.c..wn ..e n...,v....e.... <Ory MOW, u• .uuKo .. •oo•�o„a .efac.Po..wPn cc • •+e •.•..• •..c. RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC A0.3 NTcer�P !R1 SR nffLLtATIOf FIRST LEVEL PLAN PARKING STRUCTURE t 0AA%6K 51A4fs Sa IOOTACE 6666.4.11, PLOP 0.p6. ARIA PARTY R.* MIN, ARIA BUILDING TYPE 1 ®NITS ALL UARE HANDICAP ADAPTABLE ANO ACGESSIRLL UNITS TOTAL DOG MLA 41496 V. FIRE RISER TEAATA ALCOVE FIFO ALCOVE BOLDING PLAN NOTES w 4eon,. sofa iaw0. we•5 :.e wm I.a.6,696C66.66t MR, .66664,4666,61666 m766,i MCI omue* wluR. ury w.u+x sue, SPACE .Pan Mt. SO FOOTAGE PAGED. DI11147.P NARY H(OA, M 6t rnsl HOOP flip( MA MAY 24, E009 MAR GROUP 915 CA!@q DF.14M.SU0T o ➢RLNAR.CALLPOIBRA MIL Pb4ac 156791-2E0L Pm 1311T24-140,2 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA LEjt�IRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC IIYFIRM MU11 YAWl fl 14 M M.W. N wan rug A1.1 IlulnllA jet IIIIIIA IY IIII III:IIIIIII "rI:JII II Ilriir rliti!ri-� "MI111111.11 ti III AIIIi, Mr, EXTERIOR ELEVATION 1 BUILDING TYPE I N/2 n. EXTERIOR ELEVATION 2 BUILDING TYPE I TYPICAL EXTERIOR FINISHES 1„09 w.>¢rrc .... •ter roG..m.Re •w.:.nCNn METAL CIAO 0 ¢w .vs ViMl.vnnv WOW* .e,.1 +0vr wen - •.*^mom 101 relµ o LT .q. t•AN20 2N .cGw taT %-W V EKOR.IM �2u. ryNCU. ¢whit. 014Ort0 M w•Cn. ca,d snwMt EXTERIOR COLORS - .vx r e.R.�.erc sae. . ur •.2•l P •nCeC C«.N .,w., a.. vA +. ew•,..a2 n6,µ ¢ulmH H.cfln 491.011. • x.n RIM rve.",o- 502.ae, r a.mc. MAY 74, 1009 MAR GROUP 915W@70 D76*A7, RR177A0 OPLNNL CALOO INV. 921)11 7bme 754-794,1240 PQ 1011•7145209 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA ZL���1� RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC wwv..M Mn Aw.aCl wow S.. Iq N.1.w ..., eL......»....w ., .N....2 ..... . .e,. e•V-e, w.e .a ....... ... ...b.„e, •'•b..,.....I. .1.•-(• O.....¢.-11. - •...•••..e '0D.,.e.. .• 9 ..> ,• 1 .......... K. A1.6 ■■_ UI',IIIIIIIYIIIII ii ■1Y,11111 Y IY I01H 011IYI 1♦9i � II II I�!!i.I.1111"1. ImM..I11.4FM.'1FRR1 EXTERIOR ELEVATION 3 ��- auluowml 1111111D1111Y M l- t-�1111YI1IIII111 BUILDING TYPE I __ _■. II11111111i111 _ME_ IIIIII0IIPIII •namu FII EXTERIOR ELEVATION 4 0. 9 PLR WO WL An Or, BUILDING TYPE 1 TYPICAL EXTERIOR FINISHES a+mrtL:n se.e.lu.m U.p MOORS pp, •R.miNCL,.M Mv L0 a : o 4Rp.mar.RV LPILITY PP+, ,Rrto FT. .Rcn:aaR v ew. ��reo =e= PR...PP."... aw x.ee PA-P110 P R MIµ ...�w.• •...P... EXTERIOR COLORS ...e EPRIPOR MU, POLO. R.L6e. b•Ni• P0. OR P.., fGM ...R. ae..0 ca., BP, cu'w, e.m. •me *oe ..e.r R.n iws .Pnv. Pa O.. SKY Art. z sec i-es+..zp %.T RAIe IRYx[ MAY 24, 2009 MAR GROUP 94 U1@70 D•Q. NA& 9DT18 000 DEL WJJ, CALPORNIA 91014 131.124.1409 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA EiLi-!�1 RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. w.TM.N.V. A u. LOLL U RM. MO.! 11.1.1.0.1. A1.7 f ` rxr9rmc.g ilo• TTI lir NATIONAL CITY PLANNING DEPT EXHIBIT B-Revised. CASE FILE NO.: 2008-46 S, PD, IS DATE: 6/4/2009 Oa] Rp MINN' MAI AMA, It tj jieiq� ,T i4'j,4 I I rn O co PRELIMINARY LANDSCAPE PLAN MAR GROUP 91i CNLLNO Dflt.MAIL ATt AWN 115L MAL CALIRIV.1, 926. AAnlr. 49.701-2(.00 85'1.724.l14n 14000434.440F: 01.0!4 414 4 04Cf0E9N0.1E0.E •6M<00NM • TW.4te • MIL IOU, PALM PLAZA rd.%IAW1E, PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY ••• CALIFORNIA 7ALo1ee'ESu4T1r ..'R •t7W :tN'W slaw i0I.. A SV[•45: n. ,WIW RCM, .4EAAirw..1W S14,W. YAyw04EE1N (Celt CI iWu.p .n LM4r TNT649F0 .4404 A4TEP11001, A 't1NFu0MNF 140 .044,4Y N404'14((44 % 44G1 ▪ 004:4 rid ,04:4 :000 nEL,IN SYf: iSGW Su 48 � 1N411*,311* . D .10 NL11015 001 uJ11E0 i14150 :100,IN GVN51N4,F:LTIW4 W6V^JYI UME maim MEG,CMEE EnP1N ,P6141:N:E@E40:00. @SSrE04 Nw.5.:m PoLN'i11F M01:04.0401EW ,WT1rm 6Wr.�llte�.rF1y y�1� g::.KSK•5'Cre 5:4EY-40,04 ;RE 4G4 ndet: •YVrv9wEP. +Auw•E r010 M'NENMIOW "iA'm 040 044 4444414.0041:4, 40.440161444 NEO IICY3444 we. U W 401:Y45 04,00,4 0404: �.+`fiWuEl"oo• IL:,urywwlgwEuaQuavireoC , 5uevaniu6InA:,l a:mfwAWWm 210 40:4440,o IICein i54 OE .,0440:4 1:14 FN ISUeLE ruuKWKY WxyMv.0% r:' WN.EI M W i,•,ItlY1'd�01 sT_�AL,�Ny 1C,913,1VYOLLrrq .M1tA1EiC P.^fiAl'SRF•IPN W.'ATl.olp l'a to r�wtiV1i679 f "..'�r1:44 r.0R404..100,1 WOC4rh4{(� i.ewi s.. icP� N� w,09”0:40,1. +J.a .,PC391. G•. •"gMeVW 044:9E4_IL I7 144,44N {1R4J0:401 W' 0.00 Lr54Eq 401. 4.0 - :LEY `i 04.6 qq�0 J0anML4W NryN 14/004.01.44. 0:F1 M 04:0•cwdnRALfr Wf1001 OF614141TFNT eray11,44 Clg* LL 400.-CC: rxW Wr m 04E Au 004.41Con. M *1/4NA111YT0.Lb4M TA1/Na 'Jr.r,LK 4141-641rAll0 if400...ALL 1'I4FE FFI,140'C IN`il r4 mt.:7 f0,0441,WIIFxiK 5000.0600040Nn. Noc.4 pro i]x7u 774 .W14•MV546LL MKE.PMCK50t119rl 40.01110 Wt., II :4044 4I44400,40r4.1,4:0001YUC130,4004 oTI11,112 A r010OIn4.1.,44344091400IEL11e1.1mc0E011. 0:11001 EAL,K1M v:41'000lg4.004i6000W.M74509 004G1,4 ICEF aNTu %Nari y1N14n.rv•1Es0vw.1W4404LwE.O 14,1004l1.3004 Rn4W17.,001twEMI 014.04 0 41n441+Nu MAY 26, 2009 a IVY 4[0r, orVML .1010004.0r0 000 MxL img040+110. F •Mv 0,00a08 000 104 0•0144, v 0:0e400.41 ypo+.nr. 0:0+00070 0,0 n+.xYwa x'.a. 4E.0 CE1•'+ 011013. .Ml I.000,49 0, 1000411rt0 n01100r100. .xcxn[xn ••w •uuxr >. nrw L.1 City of National City, California CITY COUNCIL AGENDA STATEMENT 15 EETING DATE November 3, 2009 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT George H. Eiser, III Y City Attorney PREPARED BY (Ext. 4221) DEPARTMENT At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the EXPLANATION Advisory and Appeals Board and the Housing and Community Development Committee. The agenda material for that meeting are attached. At the conclusion of the discussion regarding the Housing and Community Development Committee (the "Committee"), the City Council directed the City Attorney to prepare an ordinance providing that the Planning Commission (the "Commission") shall act as the Committee; that two additional members who are tenants of the Housing Authority, one of whom is over 62 years of age, shall be appointed to the Commission; that those appointees shall meet and deliberate with the Commission only when the Commission is considering those matters that are included within the functions and duties of the Committee; and that the functions and duties of the Committee shall remain the same. In addition to the above provisions, the proposed ordinance would provide that the two ex officio members would receive no compensation, but would be eligible for reimbursement for expenses incurred in the performance of official duties, and would require them to disclose any reportable financial interests as members of the Housing and Community Development Committee under the City's Conflict of Interest Code. With respect to the functions and duties, subsequent to the September 15 Council meeting, the Housing and Grants staff was informed by HUD that the Committee is no longer required to become involved in the administration Grants the City's CDBG and HOME programs. As a result of this development, the ordinance now being proposed for troduction deletes these two items as functions of the Committee. Environmental Review Financial Statement N/A _L N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Agenda materials from June 16, 2009 City Council meeting I. Ordinance Resolution No. A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board City Attorney George H. Eiser, Ill Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: June 2, 2009 Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this issue, this report examines the basis for establishment of and the functioning of the housing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments may be made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the Ilealth and Safety Code requires that the Ilousing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members arc tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee.. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. b) The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced.. from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Conunittees' duties, the Ordinance provides that the Committee shall limit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: .. shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members- shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. (lousing and Community Development Act of 1974 as amended by the U.S. Housing and Community Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. (3) Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. (5) Committee members shall be appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the seven -member Planning Commission,or alternatively, appoint the tenant members as two additional members of the Commission, to act as part of the Commission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984. Unlike the Housing and Community Development Committee, creation of the Board was not mandated by State law, but was conceived of entirely by the City. The Advisory and Appeals Board also 4 differs from the Housing and Community Development Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chaptcr 15.04 states that the Advisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals board may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. Notice to Abate Public Nuisances. The action of the director -of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. Interpretation of City Codes. The decision of the director of building and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a board of this type shall be by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the California Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continuedexistence of the Advisory and Appeals Board. Because the .Board .has for all intents and purposes ceased tofunction, and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board, the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. / /e Zrakt:iir GEORGE H. EISER, III City Attorney GHE/gmo Attachment City of National City Office of the City Clerk 1243 National City Blvd., National City, Michael R. Dalia — City Clerk (619)336-4226 (619) 336-4229 February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dalla CITY 1 TO - EY CA 91950-439PE$ { 7 fin y ' ewe .{ OF NATIONAL CITY SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to, the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant review at this time are the Building Advisory and Appeals Board and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BARB} HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets "as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic Interest. For all intents and purposes, the BAAB is a non-existent board with no apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is 'yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC) HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Section= _ -Fa: �+l STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met monthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic Interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as California and HUD housing. regulations; is the HCDC still a necessary andvaluable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members. It is recommended that the issues identified. above, along with legal and policy considerations, be considered to determine an appropriate course of action. Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston ORDINANCE NO. 2009 — 2325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 3 of Ordinance No. 1619 is amended to read as follows: Section 3: There is hereby established, pursuant to the provisions of the U.S. Housing and Community Development Act of 1974, as amended, and pursuant to Sections 34120(c) and 34120.5(a) and (b) of the California Community Redevelopment Law, hereinafter called "the Law", a Committee for Housing and Community Development ("the Committee"). The purpose and functions of the Committee shall be implemented by the Planning Commission acting as the Committee, and all references to the Committee shall be considered as referring to the Planning Commission. Section 2. Section 4: The purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the projects, programs and policies including the following: (a) The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. (b) Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with State law relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Section 4 through its By - Laws. Section 3. That Section 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012 are amended to read as follows: Section 5. (a) The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Ordinance No. 2009-2325 November 3, 2009 Page 2 Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. (b) The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. (c) The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice - Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE November 3, 2009 AGENDA ITEM NO. 16 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III n DEPARTMENT City Attorney (Ext. 4221) t EXPLANATION A companion item on this October 20 agenda is the introduction of an ordinance amending portions of Ordinance Nos. 1619, 1829, and 91-2012, to. provide that the purpose and functions of the Committee for Housing and Community Development will henceforth be implemented by the Planning Commission. This subject was first discussed at the June 16, 2009 City Council meeting; please refer to the agenda materials for the June 16 meeting, included with the materials for the aforementioned companion item on this agenda. The proposed ordinance would amend Chapter 2.28 of the Municipal Code, which pertains to the Planning Commission, to mirror the provisions of the ordinance being introduced with the companion item. Environmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance L A-200 (9/99) ORDINANCE NO. 2009 — 2326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City that Chapter 2.28 of the National City Municipal Code is amended by adding Section 2.28.015 thereto, to read as follows: 2.28.015 Planning Commission to Function as Committee on Housing and Community Development — Ex Officio Members. A. In addition to the functions conferred upon it by the Municipal Code and by state law, the Planning Commission shall also act in the capacity and carry out the functions of the board of the Committee on Housing and Community Development (the "Committee"). B. The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. C. The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. D. The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. E. The purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the projects, programs and policies including the following: 1. The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. 2. Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Sub -Section E through its By -Laws. Ordinance No. 2009-2326 November 3, 2009 Page 2 PASSED and ADOPTED this 3rd day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE November 3, 2009 AGENDA ITEM NO. 17 ITEM TITLE TEMPORARY USE PERMIT — Pancake Breakfast hosted by the FFA 2744 in conjunction with "Christmas in July" (Spirit of the Holidays) on November 14, 2009 from 8am to 12pm at the Fire Station #34 Headquarters located at 343 E. 16`" Street. Applicant has requested a Waiver of Fees. PREPARED BY ' Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the FFA 2744 and "Spirit of the Holidays" to conduct the Pancake Breakfast event at Fire Station #34 Headquarters on November 14, 2009. This event is a fundraiser based on donations for the "Spirit of the Holidays" organization where pancakes, sausage, coffee and orange juice will be served to the attendees. The Pancake Breakfast is open to the public. A raffle will be conducted during this event to help the cause. The Fire Department will be responsible for setting up chairs and tables. Parking is available at the Boys & Girls Club building and on the street on both sides of D Avenue, from 15th to 17`" Street, and on both sides of 16th Street and B to E Avenue. No street closures are required. Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00 for processing the Finance Director TUP through various City departments, plus $176.50 for Public Works (tables & chairs) Total fees are $413.50. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. 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) Type of Event: _ Public Concert _ Fair Parade _ Demonstration Motion Picture Grand Opening Event Title: Annual Pancake Breakfast Event Location: 343 East 16th Street Festival Circus Other x Community Event Block Party Event Date(s): From 11/14/09 to 11/14/09 Actual Event Hours: Month/Day/Year 8 am am/pm to 12 pm Total Anticipated Attendance: 300 ( x Participants) ( x Spectators) am/pm Setup/assembly/construction Date: 7 am Start time: a am Please describe the scope of your setup/assembly work (specific details): The Fire Department will be in charge of setting up the tables and cooking the food, at the end of the event we all fold the tables and chairs. Dismantle Date: 11/14/00 Completion Time: i:oo p.m. am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NONE Sponsoring Organization: National City Fire Department & Christmas in July For Profit x Not -for -Profit Chief Officer of Organization (Name) Cecilia Kirk & Robert Hernadez Applicant (Name): Christmas in July* National City Address: 2101 Hoover Ave National City, CA 91950 Daytime Phone: ( 61) 477-5532 Evening Phone: ( ) Contact Person "on site" day of the event: Cecilia Kirk Pager/Cellular: 619 - 517 - 872 8 Fax: ( 619) 477-5006 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? x YES _ NO Are admission, entry, vendor or participant fees required? x YES _ NO If YES, please explain the purpose and provide amount(s): The purpose of the donation of $5 is to fund raise funds for our Spirit of the Holidays program, which provides for food baskets and toys for the most needy families in National City. $ $1000. 00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ $250.00 $ $750.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Estimated Expenses for 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. This event will be held at the Fire Station located at 343 East 16th Street, and the Fire Department is responsible for setting up chairs and tables, as well as providing breakfast for our fund raising effort. The breakfast includes sausage, pancakes, coffee and orange juice. A raffle will be conducted during this event to help our cause. _ 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: N/A 2 YES x NO Does the event involve the sale or use of alcoholic beverages? YES x NO Will items or services be sold at the event? If yes, please describe: YES x 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. YES x NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES x NO Does the event involve the use of tents or canopies? if YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES x NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Fire Dept. Kitchen Facilities ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers • Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: The Fire Station contains proper disposal facilities. 3 Please describe your procedures for both Crowd Control and Internal Security: Measures in Place. YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES x 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: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Equipment is in place. Please describe your Accessibility Plan for access at your event by individuals with disabilities: All facilities are readily accessible. Please provide a detailed description of your PARKING plan: Utilize street parking. Please describe your plan for DISABLED PARKING: Handicap Parking is on the street. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Verbal Notice will be provided to the neighbors. 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. YES x NO Number of Stages: Type of Music: Will sound amplification be used? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm YES x 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 x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES x NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Christmas in July* National City Person in Charge of Activity Cecilia Kirk Address 2101 Hoover Ave. National City, CA 91950 Telephone 619-477-5532 Date(s) of Use No"ember 14, 2009 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. Cecilia Garcia -Kirk Signature of Applicant Executive Officer October 15, 2009 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Christmas in July. National City Type of Organization 501 (c) (3) {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. x No (Please proceed to Question 5) 8 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: x No (P lease sign the form and submit it with the TUP Application) Cecilia Garcia -Kirk October 15, 2009 Signature Date 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: FFA 2744 with Christmas in July EVENT: Pancake Breakfast DATE OF EVENT: November 14, 2009 TIME OF EVENT: 8:OOam-12:00pm APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ X] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ X] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ X] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: PUBLIC WORKS Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval with no involvement by Public Works: Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. RISK MANAGER I've reviewed the application for the proposed use and note that the event will be held on City property at Fire Station #34. The applicant sponsoring organization is the FFA 2744, in conjunction with the Christmas in July organization so no separate insurance is required. Paramedics and EMTs will be onsite to provide first aid as needed. I have no objections to the application. FIRE Stipulations required by the Fire Department for this event are as follows: 1) Access to C and D Avenues to be maintained at all times. 2) Fire Hydrants and fire department connections shall not be blocked or obstructed at any time. 3) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 4) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. If you have any questions please feel free to contact me. ITEM #18 11/3/09 General Plan Update - Public Participation Options for Discussion (Community Development) City of National City, California COUNCIL AGENDA STATEMENT °ETING DATE November 3, 2009 AGENDA ITEM NO. 19 ITEM TITLE Request for Qualifications for Financial Advisory Services for the City of National City and the Community Development Commission of the City of National City PREPARED BY EXPLANATION The City of National City's contract with Estrada Hinojosa Investment Bankers expired on May 5, 2007. The Community Development Commission also had separate Financial Advisor Services contracts with Sutter Securities for an amount not to exceed $25,000 (August 9, 2005) and Wedbush Morgan Securities for the Financial Advisory Services on the 2004 Tax Allocation Bond (CDC). All contracts have expired. Jeanette Ladrido Finance Director DEPARTMENT Finance x 4331 Staff would like to open a Request for Qualifications for Financial Advisory (FA) Services to assist in both the Community Development Commission and the City of National City. The FA will review of major financial transactions, develop financing scenarios, analyze fiscal policies, provide investment advice and other related financial activities. Staff intends to utilize services on an as needed basis only. Environmental Review N/A Financial Statement No fiscal impact Approved By: eanette Ladrido, Finance Director STAFF RECOMMENDATION Accept and File. N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. l A-200 (9/80) COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California IEETING DATE: Nov 3, 2009 AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $155,318.46 to the City of National City for the period of 10/07/09 through 10/13/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $155,318.46 ♦ STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 1TACHMENTS (Listed Below) Warrants for the period the period of 10/07/09 through 10/13/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #15 10/13/2009 PAYEE BEST BEST & KRIEGER LLP COUNTY CLERK COUNTY OF S D DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION MYKIE'S LAWN & POWER EQUIPMENT NATIONAL CITY HISTORICAL PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO RIDLEY SAN DIEGO HABITAT FOR HUMANITY SD COUNTY VECTOR CONTROL STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE THE BANK OF NEW YORK MELLON THE BANK OF NEW YORK MELLON THE STAR NEWS :RIZON WIRELESS STA PAINT WADE & ASSOCIATES XEROX CORPORATION STAPLES ADVANTAGE SECTION 8 SECTION 8 HAPS PAYMENTS DESCRIPTION REDEV PLAN AMENDMENT LITIGATION HOME RECORDING FEES CASA FAMILIAR RENTAL - REHAB PROJ WASTE SERVICE - SEPT 2009 STARTER ROPE LEASE TERMS - KIMBALL HOUSE LAUNDRY SERVICES MARINA WIDENING/MARINA GATEWAY REIMB-HUD DAVIS-BACON TRAINING REIMB-1441 HARDING CONSTRUCTION MOSQUITONECTOR DISEASE CONTROL ALARM MONITORING - OCT 2009 OFFICE SUPPLIES - S8 CALREUSE LOAN CASH MATCH CALREUSE LOAN SET UP FEE AD MARINA GATEWAY STREETSCAPE WIRELESS SERVICE FOR ALL CITY PAINT PRINCIPAL PM FOR BAY MARINA GATEWAY S8 LAST PYMNT FOR MACHINE LEASE OFFICE SUPPLIES Start Date End Date 8/12/2009 8/18/2009 CHK NO DATE AMOUNT 229578 10/13/09 7,214.31 229579 10/13/09 50.00 229580 10/13/09 30,104.25 229 581 10/13/09 104.75 229582 10/13/09 12.49 229583 10/13/09 5,000.00 229584 10/13/09 66.70 229585 10/13/09 5,844.50 229586 10/13/09 228.34 229587 10/13/09 80,672.00 229588 10/13/09 207.20 229589 10/13/09 146.16 229590 10/13/09 214.24 229591 10/13/09 4,904.00 229592 10/13/09 100.00 229593 10/13/09 1,050.36 229594 10/13/09 413.05 229595 10/13/09 817.28 229596 10/13/09 5,594.50 229597 10/13/09 443.23 229676 10/13/09 28.45 A/P Total $ 143,215.81 12,102.65 GRAND TOTAL $ 155,318.46 INCORPOith1 D 1- COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 15 10/13/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 13,079.06 278.34 80,672.00 31,184.81 30,104.25 155,318.46 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AEETING DATE: Nov 3, 2009 AGENDA ITEM NO. 21 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $859,324.30 to the City of National City for the period of 09/30/09 through 10/06/09 PREPARED BY: Jeanette Ladrido ` DEPARTMENT Finance Finance Directo EXPLANATION: (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A /I Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $859,324.30 l STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A t ♦ J TACHMENTS (Listed Below) Warrants for the period the period of 09/30/09 through 10/06/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #14 10/6/2009 PAYEE AMERICAN LUNG ASSOC OF CA BUSTAMANTE & ASSOC CITY OF CHULA VISTA ENVIRONMENTAL HEALTH COALITION GEOSYNTEC CONSULTANTS NAN MCKAY AND ASSOCIATES, INC. PYATOK ARCHITECTS INC STRADLING YOCCA CARLSON & DELTACARE (PMI) G.A. DOMINGUEZ HEALTH NET KAISER FOUNDATION HEALTH PLANS THE LINCOLN NATIONAL LIFE INS. SECTION 8 CTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 20 9/8/2009 DESCRIPTION DEMONSTRATION PROJECT - JUL 09 CONSULTING SVCS FOR SEPT 2009 JULY 2009 SERVICES HUD - DEMONSTRATION PROJECT ENVIRONMENTAL CONSULTING HCV MASTERBOOK REVISION SVC PARADISE CREEK TOD INFILL-PW YARD RDA GENERAL SVCS CITY SHARE 09/07/09, 09/21/09 AUGUST 2009 SERVICES HEALTH INS H0067A OCT 2009 KAISER INS ACTIVE OCT 2009 LIFE & AD&D STD LTD OCT 2009 Start Date 9/30/2009 End Date 9/21/2009 End Date 10/6/2009 Check Date 9/30/2009 CHK NO DATE AMOUNT 229453 10/6/09 11, 247.33 229454 10/6/09 6,000.00 229455 10/6/09 7,020.00 229456 10/6/09 16, 556.94 229457 10/6/09 994.11 229458 10/6/09 214.00 229459 10/6/09 6,873.81 229460 10/6/09 2,411.50 229496 10/6/09 8.14 229506 10/6/09 12,189.60 229514 10/6/09 -123.15 229521 10/6/09 185.49 229568 10/6/09 1.32 A/P Total S 63,579.09 707,519.18 88,226.03 GRAND TOTAL $ 859,324.30 CALIFORNIA,: 7NCOAp08AT$D COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 14 10/6/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 728, 915.94 1,078.30 127,330.05 2,000.01 859,324.30 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 3, 2009 AGENDA ITEM NO. 22 (ITEM TITLE Investment Report for quarter ended September 30, 2009 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet e Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended September 30, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS I Background/Investment Overview Portfolio Summary — Quarter ended September 30, 2009 Resolution No. L A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: b V V V V V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended September 30, 2009, LAIF's monthly average effective yield was 0.750%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 16% of the CDC's portfolio. Federal Agency Securities account for 5.0% of the investment portfolio. The average rate of return is 3.538% The CDC has 0.6% invested in Negotiable Certificates of Deposit. The average rate of return is 4.15%. The investment portfolio has the ability to meet the CDC's cash flow demands for the next six (6) months. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2009 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY % of Investment Type Book Value Market Value Portfolio LAIF 12,057,073.98 12,075,890.38 78.34% Federal Agency Securities 750,000.00 753,587.50 4.87% Deutsche Bank 2,485,583.62 2,485,583.62 16.15% Cash 2,706.69 2,706.69 0.02% Negotiable CD's 95,000.00 96,021.25 0.62% Totals for September 2009 15,390,364.29 15,413,789.44 100.00% Totals for September 2008 15,659,020.94 Portfolio decrease from same quarter last year -268,656.65 Cash 0.02%Negotiable CD's Deutsche Bank 0.62% 16.15% Federal Agency 411,;(1. Securities 4.87% LAI F 78.34% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 12,059,780.67 0.00 95,000.00 3,235,583.62 78.36% 0.00% 0.62% 21.02% 15, 390, 364.29 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary September 30, 2009 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv, 365 Equiv. LAIF 12,057,073.98 12,075,890.38 12,057,073.98 78.36 1 1 0.740 0.750 Federal Agency Coupon Securities 750,000.00 753,587.50 750,000.00 4.87 1,826 1,602 3.49C 3.538 Negotiable CDs 95,000.00 96,021.25 95,000.00 0.62 2,008 119 4.100 4.157 Cash with Fiscal Agent 2,485,583.62 2,485,583.62 2,485,583.62 16.15 1 1 0.000 0.000 Investments 15,387,657.60 15,411,082.75 15,387,657.60 100.00% 102 80 0.775 0.786 Total Earnings Current Year Average Daily Balance Effective Rate of -eturn September 30 Month Ending 12,416.88 15,438,039.25 0.98% to j2,-z4o1 JE ETTE LADRIDO, FINANCE DIRECTOR Reporting period 09/0112009-0913012009 Run Date. 10121/2009 - 17'40 Fiscal Year To Date 49,191.00 17,214,139.82 1.13% Portfolio COC1 CP PM (PRF_PM1) SymRept 5.41202b Report Ver. 5.00 CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments September 30, 2009 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date LAIF SYS10C06 10006 LAIF 07/01/2009 12,057,073.98 12,075,890.38 12,057.073.98 0.750 0 740 0.750 1 Subtotal and Average 11,827,073.98 12,057,073.98 12,075,890.38 12,057,073.98 0,740 0.750 1 Page 2 Stated YTM YTM Days to Maturity Federal Agency Coupon Securities 3133XS4N5 10001 Federal Home Loan Bank 09/09/2008 250,000.00 252. 927.50 250,000.00 4.500 4,438 4.500 1,439 09/09/2013 31331GUL1 10003 Federal Farm Credit Bank 05/05/2009 250,000.00 250,460.00 250,000.00 2.990 2.949 2.990 1,677 05/35/2014 3128X8208 10004 Federal Home Loan Mtg Corp 05/19/2009 250,000.00 250,200.00 250,000.00 3.125 3.082 3.125 1,691 05/19/2014 Subtotal and Average 991,666.67 750,000.00 753,587.50 750,000.00 3.490 3.538 1,602 Negotiable CDs 32056GBQ2 10000 FIRST INTERNET BANK OF IN 07/30/2004 95,000.00 96,021.25 95,000.00 4.150 4.100 4.157 119 01/28/2010 Subtotal and Average 95,000.00 95,000.00 96,021.25 95,000,00 4.100 4.157 119 Cash with Fiscal Agent SYS10013 10013 National City 2004 TAB 07/01/2009 103,168.91 103,168,91 103,168.91 0.000 0.000 _ 1 SYS10014 10014 National City 2004 TAB 07/31/2009 0.31 0.31 0.31 0.000 0.000 1 SYS1001'5 10015 National City 2004 TAB 07/30/2009 0.13 0.13 0.13 0.000 0.000 1 SYS10016 10016 National City 2004 TAB 07/01/2009 0.00 0.00 0.00 3.000 0.000 1 SYS10010 10010 National City 2005A TAB 07/01/2009 2,372,654.88 2.372,654-88 2,372,654.88 0.000 D.000 1 SYS10011 10011 National City 2005A TAB 07/30/2009 2.19 2.19 2.19 0.000 0.000 1 SYS10012 10012 National City 2005A TAB 07/01/2009 0.58 D.58 0.58 C.000 0.000 1 SYS10008 10008 National City 2005B TAB 07/01/2009 0.27 0.27 0.27 0.000 0.000 1 SYS10009 10009 National City 2005E TAB 07/01/2009 9,756.35 9,756.35 9,756.35 0.000 0.000 1 Subtotal and Average 2,524,298.60 2,485,583.62 2,485,583.62 2,485,583.62 0.000 0.000 1 Total and Average 15,438,039.25 Run Dale 10/21 /2009 - 17 40 15,387,657.60 15,411,082.75 15,387,657.60 0.775 0.786 80 Portfolio CDC1 CP PM (PR=_PM2) SyrnRept 5,41. 202b ITEM #23 11-3-09 Technology Update (Information Technology) ITEM #24 11/3/09 Closed Session Report (City Attorney)