Office of Local Defense Community Cooperation
November 2023
NORTH
Main Street Between Vesta Street and Osborn Street | Page 1/2
MATCHLINE - SEE ABOVE RIGHT
AND PROJECT CONCEPT ALTERNATIVE 2
MATCHLINE - SEE BELOW LEFT
Project Concept Alternative 1
MAIN ST
VESTA ST
VESTA ST
MAIN ST
12'
6.5'
10'
12'
10.5' 11'
PROPOSED IMPROVEMENTS BY OTHERS
11'
10.5'
10'
12.5'
13'
PROPOSED IMPROVEMENTS BY OTHERS
REMOVE PARKING LANES TO CREATE
ADDITIONAL VEHICLE TRAVEL LANES
RELOCATE CURB 6.5' AND SIDEWALK 4' TO THE SOUTH TO
CREATE ADDITIONAL RIGHT TURN LANE TO REDUCE
DELAYS BY APPROXIMATELY 3.5 MINUTES IN THE AM PEAK
REMOVE PARKING LANES TO CREATE
ADDITIONAL VEHICLE TRAVEL LANES
10' 8'
10'
10'
10'
10'
10' 10' 10' 10'10'10'
10.5'
10'
12'
10.5'
12'
10.5'
10'
12'
10.5'
MAIN ST
WOODEN ST
YAMA ST
I-5
I-5 OFF RAMP
10'
10.5'
12'
11'
MOVE CURB AND GUTTER 4' EAST TO
ACCOMMODATE SECOND SB LANE
REMOVE PARKING LANES TO CREATE
ADDITIONAL VEHICLE TRAVEL LANES
NEW CURB TO CLOSE UNUSED DRIVEWAYS REDUCE CURB RADIUS TO INCREASE SAFETY AT CROSSING BY REDUCING CROSSING DISTANCE BY APPROXIMATELY 25'
AND REDUCE SPEED OF TURNING VEHICLES
NEW CURB AND SIDEWALK TO CLOSE GAP
PROPOSED IMPROVEMENTS BY OTHERS
12'
10.5'
10'
10.5'
12'
12'
10.5'
10'
10.5'
12'
11'
11' 11'
12'
10.5'
12'
10.5'
10'
12'
10.5'
Office of Local Defense Community Cooperation
November 2023NORTH
Main Street Between Vesta Street and Osborn Street | Page 2/2
MATCHLINE - SEE ABOVE RIGHT
Project Concept Alternative 1
MAIN ST
DIVISION ST
NATIONAL CITY BLVD
OSBORN ST
PROPOSED IMPROVEMENTS BY OTHERS
PROPOSED IMPROVEMENTS BY OTHERSPROPOSED IMPROVEMENTS BY OTHERS 10'
10.5'
12'
10'
11'
10'
11'
10'
PROPOSED IMPROVEMENTS BY OTHERS
12'
12'
8'
24'
PROPOSED NEW TRAFFIC SIGNAL
20'
12'
16'
8'
8.5'
10.5'
10.5'
10.5'
10.5'
10'
10.5'
Office of Local Defense Community Cooperation
November 2023
NORTH
Main Street Between Vesta Street and Osborn Street | Page 1/1
MATCHLINE - SEE BOTTOM OF
SHEET 1 ON PROJECT
CONCEPT ALTERNATIVE 1
Project Concept Alternative 2
MAIN ST
VESTA ST
VESTA ST
MAIN ST
12'11'
10'12'
10.5' 11' 8'
11'
12'
PROPOSED IMPROVEMENTS BY OTHERS
PROPOSED IMPROVEMENTS BY OTHERS
REMOVE PARKING LANES TO CREATE
ADDITIONAL VEHICLE TRAVEL LANES
REMOVE PARKING LANES TO CREATE
ADDITIONAL VEHICLE TRAVEL LANES
10'
LEAVE CURB, SIDEWALK, AND FENCE
LINE IN EXISTING LOCATIONS
11'
11'
12'
11'
11'
11'
11'
10' 10' 10'
10.5'
10'
10.5'
12'
12'
10.5'
10'
10.5'
12'
Office of Local Defense Community Cooperation
November 2023
Office of Local Defense Community Cooperation
November 2023
NORTH
National City Boulevard Between 18th Street and 26th Street | Page 1/2
MATCHLINE - SEE ABOVE RIGHT
MATCHLINE - SEE SHEET 2 MATCHLINE - SEE BELOW LEFT
Project Concept Alternative 1
E 22ND ST W 22ND ST
NATIONAL CITY BLVD.
71'
71'
47'
40'
PROPOSED 22ND STREET PLANS BY OTHERS
7.5'
11'
11'
12'
11'
11'
7.5'
4' 12' 11.5'11'
7.5'
11'
11'
10'
11'
11'
7.5'
2'
4' 12.5' 12.5'11'
8.5'
STRIPE ON-STREET PARKING (TYP.)
FLOW THROUGH
PLANTING
FLOW THROUGH
PLANTING
DRY LANDSCAPE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
MILE OF CARS
WAY
E 24TH STE 25TH ST
E 26TH ST W 26TH ST
NATIONAL CITY BLVD.NATIONAL CITY BLVD.
R20'
R20'
R20'
R20'
40'
40'
72' 72'
6'
72'
63'
7.5'
11'
11'
10'
11'
12'
7.5'
2'
7.5'
11'
11'
10'
11'
12'
7.5'
2'
12' 12' 8'8'
12' 12' 8'8'
2'
10'2'
10'
7.5'
11'
11'
12'
11'
12'
7.5'
7.5'
11'
11'
10'
11'
12'
7.5'
2'
STRIPE ON-STREET PARKING (TYP.)
EXISTING BUS STOP TO REMAIN
EXISTING BUS
STOP TO REMAIN
EXISTING BUS
STOP TO REMAIN
EXISTING BUS
STOP TO REMAIN
Office of Local Defense Community Cooperation
November 2023
NORTH
MATCHLINE - SEE ABOVE RIGHT
MATCHLINE - SEE BELOW LEFT
MATCHLINE - SEE SHEET 1
National City Boulevard Between 18th Street and 26th Street | Page 2/2 Project Concept Alternative 1
SD
W 18TH
ST
E 18TH
ST
NATIONAL CITY BLVD. NATIONAL CITY BLVD.
WEST AVE.
71'
DRY
LANDSCAPE
PROP.
INLET
CONCRETE
CONCRETE
71'
51'
48'
R20'
R20'
7.5'
11'
11'
12'
11'
11'
7.5'
7.5'
11'
11'
10'
11'
2'
12' 11' 8'8' 6'6'
11' 11' 8'8' 5'5'
7.5'
11'
11'
10'
11'
18'
2'
EXISTING BUS STOP
TO REMAIN
EXISTING BUS STOP
TO REMAIN
EXISTING BUS STOP
TO REMAIN
11'
7.5'
STRIPE ON-STREET PARKING (TYP.)
E 20TH ST
STRIPE ON-STREET PARKING (TYP.)
NATIONAL CITY BLVD.
7.5'
11'
11'
10'
11'
2'
11'
7.5'
Office of Local Defense Community Cooperation
November 2023
Office of Local Defense Community Cooperation
November 2023
NORTH
National City Boulevard Between 18th Street and 26th Street | Page 1/2
MATCHLINE - SEE ABOVE RIGHT
MATCHLINE - SEE SHEET 2 MATCHLINE - SEE BELOW LEFT
Project Concept Alternative 1
E 22ND ST W 22ND ST
NATIONAL CITY BLVD.
71'
71'
47'
40'
PROPOSED 22ND STREET PLANS BY OTHERS
7.5'
11'
11'
12'
11'
11'
7.5'
4' 12' 11.5'11'
7.5'
11'
11'
10'
11'
11'
7.5'
2'
4' 12.5' 12.5'11'
8.5'
STRIPE ON-STREET PARKING (TYP.)
FLOW THROUGH
PLANTING
FLOW THROUGH
PLANTING
DRY LANDSCAPE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
MILE OF CARS
WAY
E 24TH STE 25TH ST
E 26TH ST W 26TH ST
NATIONAL CITY BLVD.NATIONAL CITY BLVD.
R20'
R20'
R20'
R20'
40'
40'
72' 72'
6'
72'
63'
7.5'
11'
11'
10'
11'
12'
7.5'
2'
7.5'
11'
11'
10'
11'
12'
7.5'
2'
12' 12' 8'8'
12' 12' 8'8'
2'
10'2'
10'
7.5'
11'
11'
12'
11'
12'
7.5'
7.5'
11'
11'
10'
11'
12'
7.5'
2'
STRIPE ON-STREET PARKING (TYP.)
EXISTING BUS STOP TO REMAIN
EXISTING BUS
STOP TO REMAIN
EXISTING BUS
STOP TO REMAIN
EXISTING BUS
STOP TO REMAIN
12 FT
WIDE
MULTI-USE
PATH
3 FT CONCRETE
DRAIN DITCH
EXISTING
NBSD
FENCE
RAILROAD
CENTERLINE
35 11
NEW FENCE
ALONGSIDE
MULTI-USE
PATH
PEDESTRIAN
BRIDGE
OVER CREEK
33 McCandless Blvd Recreation Way
NBSD DRY SIDE
TURNSTYLE
JOG TRAIL
AROUND
ELECTRIC LINE
STRUCTURE
JOG TRAIL
AROUND
STRUCTURE
DLA PARKING LOT
8TH ST TRANSIT CENTER
TWO-WAY MULTI-USE PATH
MATCHLINE - SEE BELOW LEFT
MATCHLINE - SEE ABOVE RIGHT
Bike Turnstile sample
8th St to NBSD Dry Side
-Two-Way Multi-Use Path
-Bike Turnstile
-Bridge Over Creek
Office of Local Defense Community Cooperation
November 2023
NORTH
W 19TH Street Between Tidelands Street and McKinley Avenue | Page 1/1
MATCHLINE - SEE ABOVE RIGHT
MATCHLINE - SEE BELOW LEFT
Project Concept Alternative 1
6'
7'
3'
15.5'
12'
20.5' W 19TH ST
TIDELANDS AVE.
TIDELANDS AVE.
W 19TH ST
HAFFLEY AVE.
6'
6.5'
2'
12'
10'
15.5'
12'
MOUNTABLE CURB MEDIAN (TYP.)
FLEXIBLE DELINEATORS
12'
EXTEND NB LEFT TURN
LANE POCKET TO 175'
6'
6.5'
2'
12'
10'
15.5'
12'
6'
6.5'
2'
12'
10'
15'
12'
6'
7.5'
5.5'
11'
11.5'
11'
11'
6'
7'
3'
12'
23'
W 19TH ST
CLEVELAND AVE.
CLEVELAND AVE.
McKINLEY AVE.
McKINLEY AVE.
W 19TH ST
MOUNTABLE CURB MEDIAN (TYP.)
PROPOSED IMPROVEMENTS BY OTHERS
NORTH
Office of Local Defense Community Cooperation
November 2023
W 19TH Street Between Tidelands Street and McKinley Avenue | Page 1/1
MATCHLINE - SEE ABOVE RIGHT
MATCHLINE - SEE BELOW LEFT
Project Concept Alternative 2
W 19TH ST
TIDELANDS AVE.
TIDELANDS AVE.
W 19TH ST
HAFFLEY AVE.
8'
9'
15'
3'
11'
7'
12'
11'
9'
8'
15'
3'
11'
7'
11'
6'
8'
13'
10.5'
6'
10.5'
10'
MOUNTABLE CURB MEDIAN (TYP.)
FLEXIBLE DELINEATORS
EXTEND NB LEFT TURN
LANE POCKET TO 175'
6'
6.5'
12'
10'
12'
W 19TH ST
CLEVELAND AVE.
CLEVELAND AVE.
McKINLEY AVE.
McKINLEY AVE.
W 19TH ST
6'
8'
13'
10.5'
6'
10.5'
10'
6'
8'
13'
10.5'
6'
10.5'
10'
7'
3'
11'
5.5'
11'
11'
11'
3' 8'
7'
16.5'
12'
3'
4'
MOUNTABLE CURB MEDIAN (TYP.)
PROPOSED IMPROVEMENTS BY OTHERS
NORTH
Office of Local Defense Community Cooperation
November 2023
W 19TH Street Between Tidelands Street and McKinley Avenue | Page 1/1
MATCHLINE - SEE ABOVE RIGHT
MATCHLINE - SEE BELOW LEFT
Project Concept Alternative 2
W 19TH ST
TIDELANDS AVE.
TIDELANDS AVE.
W 19TH ST
HAFFLEY AVE.
8'
9'
15'
3'
11'
7'
12'
11'
9'
8'
15'
3'
11'
7'
11'
6'
8'
13'
10.5'
6'
10.5'
10'
MOUNTABLE CURB MEDIAN (TYP.)
FLEXIBLE DELINEATORS
EXTEND NB LEFT TURN
LANE POCKET TO 175'
6'
6.5'
12'
10'
12'
W 19TH ST
CLEVELAND AVE.
CLEVELAND AVE.
McKINLEY AVE.
McKINLEY AVE.
W 19TH ST
6'
8'
13'
10.5'
6'
10.5'
10'
6'
8'
13'
10.5'
6'
10.5'
10'
7'
3'
11'
5.5'
11'
11'
11'
3' 8'
7'
16.5'
12'
3'
4'
MOUNTABLE CURB MEDIAN (TYP.)
PROPOSED IMPROVEMENTS BY OTHERS
SIX LEVEL PARKING
STRUCTURE WITH
INTERIOR COURTYARD
PEDESTRIAN BRIDGE OVER HARBOR DRIVE
30 34
DOWN
PERIMETERFENCE-EXISTING
PERIMETER FENCE-NEW
PEDESTRIAN RAMP
12 8th St
Harbor Dr
8TH ST TRANSIT CENTER
8th St to NBSD Wet Side
-Multi-Story Parking Structure
-Pedestrian Bridge Over Harbor DrivePage 418 of 431
AGENDA REPORT
Department: City Manager's Office
Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, January 16, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Chief of Police Employment Agreement
RECOMMENDATION:
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing a three-year Employment Agreement between the City of National City and Alejandro Hernandez for the position of Chief of Police with an Annual Base Salary of $246,868.23 Effective January 16, 2024.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On December 5, 2023, Police Chief Jose Tellez retired from the City of National City after serving the community for 35 years. City Manager Martinez appointed Assistant Police Chief Alejandro Hernandez to succeed Chief Tellez as the next National City Police Chief. It is the City’s past practice to authorize an employment agreement with the indi vidual appointed as Police Chief in order to define their compensation and terms of employment. As an agreement that exceeds $50,000 in cost each year, the agreement requires City Council approval through a Resolution.
The specific terms of the Employment Agreement are set forth in the attached “Summary Outlining the Salary and Other Compensation of the Police Chief.” The Summary is a requirement of the Brown Act (Government Code Section 54953(c)(3)), and must be read aloud into the record at a City Council Meeting.
FINANCIAL STATEMENT:
Funding for this position is included in the fiscal year 2024 adopted budget for Police Personnel Services. No additional appropriations are required.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Agreement
Exhibit B – Summary Outlining the Salary and Other Compensation of the Police Chief Exhibit C – Resolution
_____________________________________________________
EMPLOYMENT AGREEMENT
by and between
CITY OF NATIONAL CITY
and
ALEJANDRO HERNANDEZ
Dated January 16, 2024
___________________________________
EMPLOYMENT AGREEMENT
TABLE OF CONTENTS
Page
Introduction 1
Section 1 Term 1
Section 2 Duties and Authority 1
Section 3 Compensation 1
Section 4 Health, Disability and Life Insurance Benefits 1 Section 5 Leave 2
Section 6 Monthly Vehicle Allowance 2
Section 7 Retirement 2
Section 8 General Business Expenses 2
Section 9 Termination 3
Section 10 Resignation 3
Section 11 Performance Evaluation 3
Section 12 Outside Activities 4
Section 13 Indemnification 4
Section 14 Bonding 4
Section 15 Notices 5
Section 16 General Provisions 5
Section 17 Background Investigation & Medical Evaluation 6
Chief of Police
EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) made and entered into this January 16, 2024, by and between the City of National City, a municipal corporation, (hereinafter called “Employer”) and Alejandro Hernandez (hereinafter called “Employee”) an individual who has the education, training and experience in local government management to perform the functions and duties contemplated by this Agreement.
Section 1 Term
This Agreement shall remain in full force in effect for a period of three (3) years from January 16, 2024, through January 15, 2027, unless sooner terminated by the Employer or Employee as provided in Sections 9, 10 or 11 of this Agreement . If the Employer or Employee takes no action, this Agreement will automatically extend for two (2) additional one-year options.
Section 2 Duties and Authority
Employer agrees to employ Alejandro Hernandez as Chief of Police of the City of National City, on an “at-will” basis, to perform the functions and duties specified in the National City Municipal Code and any other applicable law, and to perform other legally permissible and proper duties and functions, commencing January 16, 2024. The Employee shall perform such functions and duties under the supervision of the City Manager , or her designee who is the Appointing Authority, and who shall act for the Employer, for purposes of this Agreement.
Section 3 Compensation
A. Base Salary: The Employer agrees to pay the Employee an annual base salary of two hundred forty-six, eight hundred sixty-eight dollars and twenty-three cents ($246,868.23), payable in installments at the same time that the other executive employees of the Employ er are paid. Employee shall receive a 2% bilingual pay differential for regularly using bilingual skills in the performance of his duties. A uniform allowance of $900 per year will be payable in August of each year during the term of this Agreement.
B. Additional Compensation: Employee Served as Interim Chief of Police commencing Decembe r 6, 2023. In recognition of the fact Employee has continuously performed the duties and responsibility of Chief of Police, Employer agrees to pay Employee additional compensation in the amount of $1,527.06 which represents the difference between compensation paid between December 6, 2023 and January 15, 2024 and the base salary established by this Agreement.
C. This Agreement shall be re-opened to discuss compensation after year one, in January 2025.
D. This Agreement shall be re-opened to discuss compensation and benefits if, and at the time, managers or executives receive any increase in compensation or benefits.
Section 4 Health, Disability and Life Insurance Benefits
Chief of Police
A. The Employer agrees to provide Employee a cafeteria health benefit of $1,200 per month.
B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee.
C. The Employer shall pay the amount of premium due for term life insurance in the amount of the Employee’s ann ual salary, not to exceed $150,000. The Employee shall name the beneficiary of the life insurance policy.
Section 5 Leave
A. The Employee shall accrue sick and vacation leave and other paid leave on an annual basis at the rate provided to Executive Employees.
B. The Employee is entitled to accrue all unused vacation, without limit, and in the event the Employee’s employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all unused vacation in accordance with the Emp loyer’s customary practice for Executive Employees.
C. The Employee shall be entitled to military reserve time pursuant to state law and City policy.
Section 6 Monthly Vehicle Allowance
Employer will provide Employee with an unmarked vehicle equipped with a p olice radio and Employer will oversee vehicle maintenance, fuel, and automobile insurance. Employee’s duties as Chief of Police (law enforcement officer) require that Employee shall have the exclusive use at all times during employment with the City of a vehicle to carry out City business.
Section 7 Retirement
The Employer agrees to enroll the Employee into the Public Employees’ Retirement System and to make the appropriate contributions on the Employee’s behalf, for the Employer share required. Employee shall pay the entire employee share and any changed rate during the term of this Agreement. Employee shall pay an additional 1% of the required Employer’s normal cost share, in line with the retirement costs paid by other CalPERS classic plan member Execut ive employees.
Section 8 General Business Expenses
A. Subject to prior City Manager approval, and sufficient budgetary resources, Employer agrees to pay for professional dues and subscriptions of the Employee described in this Section. Professional dues and subscriptions eligible for payment are those necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee’s continued professional participation, growth, and advancement, and for the good of the Employer.
B. Subject to prior City Manager approval, and sufficient budgetary resources, Employer agrees to pay for travel and subsistence expenses of Employee for professional and
Chief of Police
official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the Police Officer’s Research Association Conference (PORAC) , FBI National Conference (FBINAA), and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member.
C. Subject to prior City Manager approval, and sufficient budgetary resources, Employer also agrees to pay for travel and subsist ence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee’s professional development and for the good of the Employer.
D. Employer recognizes that certain expenses of a non -personal, job-related nature are incur red by Employee, and agrees to reimburse or to pay said general expenses. The Finance Director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.
E. The Employer shall provide Employee with a computer, software, fax/modem, cell phone and pager required for the Employee to perform the job and to maintain communication.
Section 9 Termination
For the purpose of this Agreement, termination of the Employee’s services and this Agreement shall occur when:
A. Employee elects to terminate his employment and this Agreement.
B. Employer’s City Manager, in the exercise of her/his sole discretion, determines with or without cause, to terminate Employee’s employment and this Agreement.
Section 10 Severance
A. The Employee is an at-will employee, serving at the pleasure of the Employer ’s City Manager. This Agreement, and the Employee’s employment with the Employer, may be terminated with or without cause by the Employer ’s City Manager . If the Employee is terminated for cause, or voluntarily resigns his position with the Employer, then the Employee shall not be entitled to the payment of Severance by the Employer.
B. In the event the Employee is terminated by the Employer other than for caus e, and during such time that Employee is willing and able to per form his duties under this Agreement, then Employer agrees to pay Severance equal to six (6) months base salary at the current rate of pay. This Severance shall be paid in one lump sum unless otherwise agreed to by the Employer and the Employee. This Severance shall not include any payments described under Section 6 and 8 for this Agreement.
C. In the event of Severance, the Employee shall also be compensated for all accrued sick and vacation lea ve in a manner consistent with the Executive Compensation Plan.
D. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay Severance under this section.
E. In the event Employee is convicted of a felony invo lving an abuse of Employee’s office or position, then any Severance paid under this section shall be reimbursed to
Chief of Police
Employer, as required and set forth in Government Code section 53243.2 , as amended.
Section 11 Resignation
In the event that the E mployee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise.
Section 12 Performance Evaluation
The Appointing Authority, acting for the Employer, may annually review the per formance of the Employee in the Employee’s anniversary month subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum may include the opportunity for bot h parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting.
Section 13 Outside Activities
The employment provided for by t his Agreement shall be the Employee’s sole employment.
However, certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community. A ccordingly, the Employee may, subject to the City Manager’s approval, accept limited teaching, consulting or other business opportunities, and to pursue further education. If Employee pursues outside employment pursuant to this section, such arrangements s hall not constitute interference with , nor a conflict of interest with , his or her responsibilities under this Agreement.
Section 14 Indemnification
Consistent with Federal, State or Local ordinance, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the course and scope of the performance of Employee’s duties as Chief of Police, or resulting from the exercise of judgment or discretion in connection with the course and scope of performance of program duties or responsibilities. However, if the Employee’s act or omission involved willful or wanton conduct occurring outside the course and scope of the performance of Employee’s duties as Chief of Police, Employer will consider providing a defense to Employee pursuant to Government Code Section 995 et. seq. In such cases not involving willful or wanton conduct , the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at the Employer’s expense and the Employer may not unreasonably withhold approval. Legal representation provided by Employer for Employee shall extend until a final determination of the legal action , including any appeals brought by either party. The Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of le gal proceedings including attorney’s fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of the Employee in the course and scope of her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available.
Chief of Police
Employee recognizes the E mployer shall have the right to compromi se and settle any claim or suit. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue b eyond Employee’s service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation.
Section 15 Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 16 Notices
Notice pursuant to t his Agreement shall b e given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301.
(2) EMPLOYEE: At the address of the Employee’s principal residence.
Alternatively, notice required pursuant to t his Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 17 General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by t his Agreement. The parties by mutual written agreement may amend any provision o f this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement.
B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Effective Date. This Agreement shall become effective on January 16, 2024.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provi sion. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and
Chief of Police
effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.
E. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the Co unty of San Diego, State of California.
F. Construction. The parties acknowledge and agree that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) 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, (4) each party and such party’s counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) 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:________________________________
_______
Benjamin A. Martinez, City Manager
________________________________
________________________________
Alejandro Hernandez, Chief of Police
APPROVED AS TO FORM:
________________________________
Barry J. Schultz
City Attorney
[The Report is to be read aloud at an open meeting of the City Council as an Agenda Item prior to the execution of the employment agreement]
Oral Summary Report Outlining
the Salary and Other Compensation of the Police Chief
Government Code Section 54953(c)(3)
The following is a summary of the salary and other compensation under the Employment Agreement to be received by the Police Chief in accordance with the Executive Benefits package:
Three-year contract with two one-year options to extend $246,868.23 annual salary
$1,527.06 additional compensation for December 6, 2023 – January 15, 2024 Annual uniform allowance of $900
Bilingual pay of 2% base salary
10 paid fixed holidays per year
9 days administrative leave per year
Vacation accrued at the rate of 10.00 hours per month for the first 10 years of employment and at the rate of 13.33 hours per month beginning with the 11th year Employee life insurance equivalent to the employee’s annual gross salary, up to a maximum of $150,000
Availability of health, dental, and vision insurance, with up to $1,200 per month of premiums paid by the City
Participation in CalPERS retirement system
Retiree health benefit of $20 per month for each year of service Vehicle available for personal use
If employment is terminated by the City other than for cause, payment of six months’ base salary at the current rate of pay
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING A THREE -YEAR EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND ALEJANDRO HERNANDEZ FOR THE POSITION OF CHIEF OF POLICE WITH AN ANNUAL BASE SALARY OF $246,868.23 EFFECTIVE JANUARY 16, 2024
WHEREAS, City Manager Martinez appointed Alejandro Hernandez to succeed Chief Tellez as the next National City Police Chief; and
WHEREAS, it is the City’s past practice to authorize an employment agreement with the individual appointed as Police Chief in order to define their compensation and terms of employment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: In consideration of Alejandro Hernandez’s acceptance of the appointment as Police Chief for the City of National City , the City Council hereby approves the following employment terms and conditions:
A. Commencement of Employment
January 16, 2024 is hereby designated as the date of commencement of Mr.
Hernandez’s duties to serve as Police Chief.
B. Salary/Compensation
The initial annual base salary to be paid to Mr. Hernandez for his services as Police Chief shall be $246,868.23. In addition, a one-time payment of $1,527.06 will be made for services rendered between December 6, 2023 through January 15, 2024. Mr. Hernandez will further receive b ilingual pay of 2% of base salary, as well as a uniform allowance of $900.00 per year that will be payable in August of each year during the term of th e employment agreement.
C. Benefits
In addition to base salary, Mr. Hernandez shall receive such other benefits as are provided to the Executive Group of the City, including holidays, vacation leave, executive leave, sick leave, and insurance and retirement benefits.
Section 2 : The Mayor is hereby authorized to execute an Employment Agreement between the City of National City and Alejandro Hernandez , attached to the Agenda Report as Exhibit A, as Police Chief with an initial term of three years from January 16, 2024 through January 13, 2027. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 16th day of January, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney